Loading...
12-09-1987 MinutesBOAROO~ S~PEHVISORS December 9~ 1987 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. Jesse J. Mayas, Vice Chairman Mr. G. H. Applegate Mr. R. Garland Dodd Mrs. Joan Girone M~. Lane B. Ramsay County Administrator Staff in Attendance: Ms. Martha Burton Legislative Coord. Clerk to the Board Asst. Co. Admin. Mr. William Howell, Mr. Thomas Jacobson, Dir. of Planning Bu~aan Services Mr. Richard MeElfish, Mr. St~va Micas, CO. Dir. of News/Info. Col. Joseph Pittman, Chief of Police Co. Admin. for Mr. David Welchons, Dir. of Utilities Dir. of Human Mr. Daniel called the me,ting to order at 9:10 a.m. (EST). 1. INVOCATION Mr. Daniel R~varand M, ~enneth Russell, Baptist Church, who gave the invocation. Pastor of Ettrick 2. PLEDGE OF ~/~GIANCE TO T~U~ F~AG OF 'E~ UNITED ~TAT~$ 0F The Pledge of Allegiance to the Flag of the United States of America was recited. On motion of Mr. Dodd, ~econded by Mr. Mayas, the approved the minutes of November 25, 1987, as submitted. Vote: Unanimous Board 87-930 4. COUNTY ADMINIST~ATOR'S COMMKNT~ Mr. Ramsey introduced and welcomed Ms. Martha Burton, recently employed Executive Assistant to the County Administrator, and outlined her educational and professional experience. The Board welcomed Ms. Burton to the County. Mr. Ramsey announced that Mrs. KLm Beckman-Dew, reporter with the Petersburg Progress Index, would be leaving hsr assignment of covering Chesterfield County to relocate to Alabama. 5. BO~RD CO{~4ITTEE P~PORTS 5.A. RECOGNIZING MRS. JOAN GIRONE, M!DLOTHIAN DISTRICT SUPER- VISOR FOR OUTSTANDING SERVICE TO CBESTERFIBLD COUNTY The Board expressed special appreciation, on behalf Chesterfield County, to Mrs. Joan Girone, Midlothian District Supervisor, for her dedicated, diligent service to the County of Chesterfield for the past twelve years and presented her with a resolution and plaque recognizing her service and achievements. On motion of Mr. Applegat~, seconded by Mr. Mayes, following resolution was adopted: W~EREAS, Mrs. Jean Girone's term on the Board of Super- visors will expire December 31, 1987 after twelve years of dedicated, diligent and loyal service to Chesterfield County, representing Midlothien District; and WEEP~EAS, During Mrs. Girone's tenure on the Board, major expansion of the Utilities System occurred with the installation of hundreds of miles of water and sewer lines, the construction of five water tanks, fourteen pumping stations, and a new operations center; the expansion of the Swift Creek Water Treatment Plant, the Palling Creek Wastewater Treatment Plant and the Proctors Creek Wastewater Treatment Plant, thereby increasing the level of treatmsnt; and e~tablished the Industrial Waste Treatment Program and the Cross-Connection Control Program to protect the domestic water supply and the WHEREAS, Mrs. Girone guided the development of the centralized computer system for the County and Schools; supported staff in award-winning budget and financial auditing systems; addressed the planning, financing and construction of the County Garage, the Data Processing Center, the Human Services Building, the Administration Building, the Jail Addition, the Airport Bxpansion and ~angars, the Warehouse, the Courts Building and the five Fire Stations, all of which were initiated to improve overall operations and community services; WHEREAS, Mrs. Girone was instrumental in the widening of Routes 1, 10, 36, 60, 147, 360, 1-95, 1-295 and Chippenh~u Parkway; instrumental in the construction of Fowhite Parkway/I-288; adopted land use and transportation plans for the Jahnke-Chippenham Development Area, Bon Air, the Northern Planning Area, the Powhite/Route 288 Planning Area and the Western Planning Area; facilitated an open planning process through her regular "First Monday" citizen meetings enhancing the understanding of planning for Chesterfield residents and strengthening community planning endeavors for the County as a whole; and was instrumental in the adoption of ordinance amendments to improve developmont standards during a period of unprecedented growth in Chesterfield County; and with her leadership, substantial progress in regional cooperation and regional planning was achieved in the Richmond Regional Planning District Commission; and 87-931 WEEREAS, Mrs. Girone displayed a diversified interest in other fields by serving en the Board of visitors for Virginia State University, the Executive Board of the Virginia Association of Counties, the virginia Assembly on the Future of the Virginia Environment, the Central James River Basin Committee, the Governor's Advisory Eoard on Aging, the Local Government Fiscal Impact Commission and other invaluable committees. NOW, THEREFOR~ B~ IT R~S0LVED, that the Chesterfield County Board of Supervisors hereby recognizes Mrs. Joan Girone for her outstanding contribution~ dedication and loyalty to Chesterfield County while serving as a member of the Board of Supervisors. AND, BE IF FURTEER RESOLVED, that the Board does hereby present a plaque inscribed as follows to Mrs. Girone: JOAN GIRONE BY T~ BOARD OF SUPERVISORS, COUNTY OF CHESTERFIELD IN RECOGNITION OF TWELVE YEARS OF SERVICE REPRESENTING MIDLOTHIAN DISTRICT ON T~E BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY FROM JANUARY 1, 1976 THROUG~ D~CRMB~R 31, 1987 Ayes: Mr. Daniel, Mr. Mayas, Mr. Applegate and Mr. Dodd. Abstention: Mrs. Gi~ene. Mrs. Jean Gallup was present and introduced Ms. ~lsie ~lmore, Mr. Edward W~lley, Jr., Ms. Mary Ann ~armon, Mrs. Virginia Wrenn, Mr. Sol Wrenn, Ms. Lorretta ~eiser, Ms. ~ynne Cooper, Mr. Joe Boislneau, ~rs. Carol Boisinaau, Mr. Shankat Siddigi, Mrs. Florence Siddlql, Ms. Mildred Gallagher and Mr. Russell Gulley who presented ~rs. Girone with a bouquet of red roses recognizing her significant contributions and achievements while serving as a member of the Board of Supervisors. Mrs. Girone sxprsssed appreciation for the opportunity of having served on the Board of Supervisors for the past twelve years~ commended Mr. Lane Ramsay, County Administrator, Mr. Steve Micas, County Attorney, and Ms. Joan Dolezal, Clerk to the ~card of Supervisors, for their diligent efforts on behalf of the Board; and recognized her constituency for their participation aad efforts in the betterment of the County's development. 5.B. RECOGNIZING MR. R. GARLAND DODD~ BERMUDA DISTRICT SUPER- VISOR FOR OUTSTANDING SERVICE TO CEESTERFIELD COUNTY M~. Daniel expressed appreciation, on behalf of Chesterfield County, to Mr. R. Garland Dodd, Bermuda District Supervisor, for his dedicated, diligent service to the County of Chesterfield for the past eleven years and presented him with a resolution and plaque racoqnizing his service and achievements. On motion of Mr. Appleqate, Seconded by Mr. Mayer, the following resolution was adopted: WHEREAS, Mr. R. Garland Dodd's term on the Board of Supervisors will expire December 31, 1987 after eleven years of dedicated, diligent and loyal ~ervice to Che~tarfield County, representing Bermuda District; and WHEREAS, During Mr. Dodd's tenure on the Board, major expansion of the Utilities System occurred with the installation of hundreds of miles of water and sewer lines, the construction of five water tanks, fourteen pumping stations and a neW operations center; the expansion of the swift Creek Water Treatment Plant, the Falling Creek Wastewater Treatment Plant and the Proctors Creek Wastewater Treatment Plant, thereby increasing the level of treatment; and established the Industrial Waste Treatment Program and the Cross-Connection 87-932 Control Program to psotect the domestic water supply and the customers; and WEEP~EA$, Mr. Dodd guided the development o~ the centralized computer system for the County and Schools; supported staff in award-winning budget and financial auditing systems; addressed tl%e planning, financing and construction of the County Garage, the Data Processing Centsr, the Human Services Building, the Administration Building, the Jail Addition, the Airport Expansion and Hangars, the Warehouse, ths Courts Building and th~ five Fire Stations, all of which were initiated to improve overall operations and community services; and WBEttEAS, Mr. Dodd was instrumental in the widening of Routes 1, 10, 36, 60, 147, 360, 1-95, 1-295 and Chippenham Parkway; was instrumsntal in the construction of Powhite Parkway/I-288; adopted land use and transportation plans for the Eastern Planning Area, the Central Planning Area and the Southern Planning Area; WaS instrumental in the adoption of ordinance amendment~ to improve development standards; and served on the Chesterfield Planning Commission from January, 1978 to December, I979 and January, 1984 to October, 1984 during a period of unprecedented growth in Chesterfield County; and WHEKgAS, Mr. Dodd demonstrated an overall interest in the affairs of his community by serving on the MetrOpolitan Fconomic Development Council, the James River Port Study Committee, the Crater Planning District Commission, the Richmond Regional Planning District Commission, the Board of Trustees for Henricus, as well as other invaluable committees. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes Mr. R. Garland Dodd for his outstanding contribution, dedication and loyalty to Chesterfield County while ~erving a~ a member of the Board of Supervisors. AND, BE IT FURTHER RESOLVED, that th~ Board does hereby present a plaque inscribed as follows to Sr. Dodd: R. GAYLA-ND DODD BY THE BOARD OB SUPERVI$0RSt COUNTY OF CNESTERFIELD IN RECOGNITION O~ FLg~N YEARS OF S~RVTC~ R~PS~$~TING B~R~UDA DISTRICT ON THE BOARD OF SUPERVISORS OF CKFST~RFIFLD COUNTY PROM FEBRUARY 19, 1977 THROUGH DEC,SHag 31, 1987 Ayes: Mr. Daniel, Mr. Hayes, Mr. Applegate and Mrs. Girone. kbstsntion; Mr. Dodd. Mr, Leo Myers~ Mr. Clarence Curtis, and sr. Linwood Carroll expressed appreciation to Mr. Dodd for his many efforts on behalf of the citizenry of Chesterfield County and commended him for being a "dedicated, caring, honest and responsible leader for the people" and presented him with a gift in appreciation. Sr. Dodd expressed appreciation for the opportunity of having served on the Board of Supervisors for the past eleven years; commended the employees of Chesterfield County as being the best anywhere; and recognized his constituency for their participation and efforts in the betterment of the County's development. 5.D. MISCELLANEOUS REPORTS Mr. Daniel requested Beard authorization for the drafting of a letter to M~s. Kerit~is thanking the School Bcard'~ for proceeding with and forwarding to the Board information relative to their capital improvements proqram. He stated, 87-933 however, the Board is unable to toke a position on the proposed plan at this time and will be unable to do so until certain issues are resolved. On motion cf the Board, it was resolved that a letter be drafted to the Chesterfield County School Board indicating that the Board of Supervisors is unable to take a position on the School Board's proposed capital improvements plan at this time and will be unable to do so until such time as: 1. the Board meets with its bond consultants in January, 1988; the Board meets to determine its long-term financial and facility goals for the County and, in particular, for tho schools; 3. the Board and the School Board meet and develop priorities which will not exceed funding levels; and 4. adequate time hag slapsed to assess the extent of public support for a referendum. Vote: Unanimous Mrs. Girone reported she would be attending the elgning of the Chesapeake Bay Agreement in Baltimore, Maryland, being held on December 14 and 15, 1987. She stated the Central James River Committee, on which she serves, anticipates the appointment by the General Assembly of a new State Board that will deal with local land use planning and its impact on the Eay, which issue is very important to Virginia and to the future of the Chesapeake Bay at this point in time. 5.C. R~COGNIZING MR. HARRY G. DANIEL, DAL~ DISTRICT VISOR~ FOR SERVICES AS CHAIRMAN OF THE BOAP~) OF SUPER- VISORS FOR 1987 Mr. Mayas commended Mr. Daniel for a job well done as Chairman of the Board during the past year and presented him with the executed resolution. Mr. Daniel otated he felt the Board accomplished much during the previous year and that the upcoming year would be a very challenging one. He stated it had been a pleasure serving with the present governing body, and ha looked forward with anticipation to the upcoming year. On motion of Mr. Mayas, seconded by Mr. Dodd, the following resolution was adopted: WHEREAS, The Honorable Harry G. Daniel, Supervisor representing Dale District, served as Chairman of the Board of Supervisors in 1987, demonstrating leadership, responsiveness and dedication of the highest caliber; and WHEREAS, Mr. Daniel's dependability, reliability and integrity have been recognized not only by tho Board, the Administration, and the County residents, but also State officials, through his active involvement and oo~mitment to the Capital Region Airport Commission, tho Richmond Regional Planning Diotrict Commission, the Metropolitan Planning Organization, the Lake Genito Study Committee, as well as his most recent election to the Executive Board of the Virginia Association of Counties; and WHEREAS, Under Mr. Daniel's Chairmanship, the County--one of the fastest growing 10¢alities in the state and nation--confronted challenges and demands placed upon it and with his influence the General Assembly responded and approved the County Charter unanimously which will streamline and make County Government more efficient, effective and responsive to the people. 87-934 NOW, THEREFORE SE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby recognize and applaud the untiring efforts and commitment to excellence displayed by its 1987 Chairman, Mr. Harry G. Daniel. AND, BE IT FURTHER RESOLVED, that the Board of Supervi~or~ does h~reby present Mr. Daniel with a plaque inscribed as follows: HARRY G. DANIEL~ CEAIRMAN BOARD OF SUPERVISORS CHESTERFIELD COUNTY 1987 Ayes: Mr. Hayes, Mr. Applegate, Mr. Dodd and Mrs. Oirone. Abstention: Mr. Daniel. A moment of silent prayer was observed for the friends and family members of Mr. Ralph E. Morris and Mrs. Mildred B. Alderson, who were tragically killed in a recent automobile accident. 6. ~QUF~TS TO POSTPONE ACTIOR~ EMERGENCY ADDITIONS OR CH~NGRS TN T~ ORDER OF PRESENTATION On motion of Mr. Applegate, seconded by Mr. Hayes, the Board added Item ll.K., Consideration of Proposed 1988 Legislative Hrogram, to be heard in sequenc~ following Item ll.G.; added an emergency request for a raffle permit for the Bishop Ireton Knights of Columbus to Item ll.E.2., Requests for Bingo/Raffle Permits; and amended Item ll.H. to state, Executive Sssslon tO Discuss the Condition, Acquisition or UEe of Real Property for Public Purposes or the Disposition of Publicly Held Property and Consultation with Legal Counsel pertaining to Litigation Regarding the Buford Road Fire Station, pursuant to Sections 2.1-344 (a} (2) and (6), respsstivsly, of the code of Vir inia, 1950, as amended; and adopted the agenda, as amended. Vote: Unanimous 7. P~ESOLUTIONS ~ SPECIAL RECOGNITIONS 7.A. DR. W. CLINTON PETTUS~ C0~D4UNITY SERVICES BOARD Mr. Masden introduced and welsomsd Dr. ~nd Mrs. Hettus who were present. Mr. Mayes commended Dr. Pettus for his significant contributions and distinctive service as a msmber of the Community ServiceE Board and presented him with the executed resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Dr. W. Clinton Pettus has been a valued member of the Chesterfield Community Services Hoard since January, 1982; and WHEREAS, Dr. Pettus served as Chairman from January, 1983 through December, 1984, and Vice Chairman from January, 1985 through December, 1986; and W~REAS, Under the guidance of Dr. Pettus, the Chesterfield Community Services Hoard became recognized as one of the most effective in the Commonwealth; and WHEREAS, Dr. Pettus has also provided a major contribution to the community through the Civic and Progressiv~ Action Association of Matoaca Magisterial District; and WHEREAS, Dr. Pettus was a driving force behind development of a long-range plan for Mental Health, Mental Retardation and Substance Abuse Services for Chesterfield County. 87-935 NOW, THEKEFORE BE IT ~SOLVED, that the Chesterfield County Board of Supervisors hereby e×presses its sincere gratitude and appreciation to Dr. W. Clinton Eettus for his significant contribution in the provision of quality mental health, mental retardation and substance abuse services to the citizens of Chesterfield County while a member of the Chesterfield Community Services Board. AND, BE IT FURTHER R~S0LVED, that a copy of this resolution be presented to Dr. Pettus and that this resolution be permanently recorded among the papers of the Chesterfield County Board of Supervisors. Vote: Unanimous 7.B. CHESTERFIELD COUNTY PLANNING COMMISSION MEMBERS 7.B.1. MR. FRANK N. COWAN On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Frank N. Cowan wa~ appointed to the Chesterfield County Planning Commission as the representative from Nidlothian District On January 11, 1984; and WHEREAS, During this time period, the County experienced unparalleled residential, commercial and industrial growth and change; and WHiP, AS, With the leadership of Mr. Cowan, the County's Land Use and Transportation Plan has been updated, substantial a~endments have been adopted in the County's Zoning and Subdivision Ordinances and many major development proposals have been approved, all of which will foster a better future for Chesterfield County; and WBEREAS, Mr. Cowan did faithfully perform the duties and discharge the responsibilities incumbent upon a member e~ the Planning Commission; and WHEREAS, Mr. Cowan's appointment to the Planning Commission expires December 31, 1987; and WHEREAS, Mr. Cowan's four years of service to the citizens of Chesterfield County merits special recognition. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervi~or~ of Chesterfield County does hereby expre~ its appreciation to Mr. Frank N. Cowan for his loyal and dedicated service to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED~ that a plaque inscribed as follow~ be pre~ented to Mr. Cowan= FRANK N, COWAN TN APPR~CIATION E0R D~DICAT~D SERVICE ON TH~ CHESTERFIELD COUNTY PLANNING COMMISSION JANUARY 11, 1984 - DECEMBER 31, 1987 Vote: Unanimous 7.B.2. M~. JOBN R. O'CONNOR On motion of the Board, the following resolution was adopted: WIffEREAS, Mr. John R. O'Connor was appointed to the Chesterfield County Planning Commission as the representative from Clover Hill District on January 11, 1984; and 87-936 WHEREAS, During this time period, the County experienced unparalleled reaidential, commercial and industrial growth and change; and WHEREAS, With the leadership of Mr. O'Connor, the County's Land Use and T~anspcrtation Plan has been updated, substantial amendments have been adopted in the County's Zoning and Subdivision Ordinances and many major development proposals have been approved, all of which will foster a better future for Chesterfield County; and WHEREAS, Mr. O'Connor did faithfully perform the duties and discharge the respensibilitiea incumbent upon a member of the Planning Commission; and WHEREAS, Mr. O'Connor's appointment to the Planning Commission expires December 31, 1987; and WHEREAS, Mr. O'Ccnnor's four years of service to the citizens of Chesterfield County merits special recognition. NOW, THEP~EFORE EE IT RESOLVED, that the Board of Supervisors of Chesterfield County does hereby express its appreciation to Mr. John R. O'Connor for his loyal and dedicated service to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a plaque inscribed aS follows be presented to Mr. O'Connor: JOHN R. O'CONNOR IN APPRECIATION FOR DEDICATED SERVICE ON THE CHESTERFIELD COUNTY PLANNING COMMISSION JANUARY 11~ 1984 - DECEMBER 31, 1987 VICE-CHAIRMAN MAY 20, 1986 - DECEMBER 31, 1987 Vote: Unanimous 7.B.3. MR. COLON H. ROWE, JR. Mr. Dodd introduced Mr. Colon Rowe, Jr., who was present. Mr. Rowe expressed appreciation, on behalf of the outgoing Commissioners, for the opportunity to have served on the Planning Commission and conveyed Mr. Cowan's and Mr. O~Connor's regrets for being unable to attend the meeting due to previous commitments. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Colon B. Rowe, Jr. was appointed to the Chesterfield County Planning Commission as the representative from Bermuda District on May 25, 1986; and WHEREAS, During this time period, the County experienced unparalleled residential, commercial and industrial growth and change; and WHEREAS, With the leadership of Mr. Rowe, the County's Land Use and Transportation Plan has been updated, substantial amendments have been adopted in the County's zoning and Subdivision Ordinances and many major development proposal~ have been approved, all of which will foster a better future for Chesterfield County; and WHEREAS, Mr. Rowe did faithfully perform the duties and discharge the responsibilities incumbent upon a me~ber of the Planning Commission; and WHEREAS, Mr. Rowe's appointment to the Planning Commission expires December 31, 1987; and 87-937 WHEREAS, Mr. Rewe's one and one-half years oi service to the citizens of Chest~rf~sld County merits special recognition. POW, THFREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County doer hereby exprezz its appreciation to Mr. Colon H. Rowe, Jr. for his loyal and dedicated service to the citizens of Chesterfield County. AND, RE IT FURTHER P~SOLVED, that a plaque inscribed as follows be presented to Mr. Rowe: COLON H. ROWE, JR, IN APPRECIATION FOR DEDICATED SERVICE ON THE CHESTERFIELD COUNTX PLANNING CQ~ISSZQN MAY 25, 1986 - DECEMBER 31, 1987 Vote= Un&nieceS Mr. Dodd c0mmend~d the Commissioners for their ~e~icated, faithful service to the oitizens of Chesterfield County and presented the executed resolutions to Mr. Rowe. Mr. Daniel turned the gavel over to Mr. Mayes and excused himself from the meeting. 7.C, FOUNDERS A-ND ORGANIZERS OF THE CHESTERFIELD QUARTERBACK LEAGUE Mr. Stith introduced and welcomed Mr. Ray Hevener, Sr., Willia~ "Billy" Sinclair and Mn. John "Johnny" Bosher~ founder~ of the Chesterfield Quarterback League, and Ms. Jo Elanton, representing Mr. Jimmy Rickman, Commissioner of the Quarterback League, who were present. On motion of Mr. Dodd, seconded by ~r. Mayes, the following resolution was adopted: WHEREAS, The Chesterfield Quarterback League has offered youth football program to County residents since 1959; and WHEREAS, Over 20,000 youth have participated in the League since its conception; and WHEREAS, Sinc~ its creation, the League has made a tremendous economic impact on the Chesterfield County community; and WHEREAS, This year 65 tea/ns make up the organization, with over 1,500 players; 1,000 cheerleaders and 500 parents participating; and WHEREAS, The followinq people have contributed over 1,000 hours of their time in setting up and running the League; and WHEREAS, The creative management and continued growth of the League would not have been possible without the dedication and commitment c~ citizens such as Mr. Ray Eevener, s~., Mr. William "Billy" Sinclair, Mr. John "Johnny" Bosher, Mr. Charlis Willis, Mr. W. T. Henshaw, Jr., Mr. Robert Mick and Mr. Allen NOW, THEREFORE EE IT RESOLVED, that t~e Board of Supervisor~ doe~ hereby recognize Mr. Ray Eevener, Sr., Mr. William "Hilly" Sinclair, Mr. John "Johnny" Bosher, Mr. Chazlie Willis, ~r. W. T. Een~haw, Jr., Mr. Robert ~ick and Mr. Allen Mason for their generous, personal commitment, goodwill, concern and contribution to the Quarterback League of Chesterfield County. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent; Mr. Daniel. 87-938 Mr. Applegate commended the honorees for their generosity, personal commitment, goodwill, concern and contributions to the League and presented them wlt~ individual resolutions recognizing their accomplishments. Mr. Daniel returned to the meeting. 7.D. RECOGNIZING MR. AND MRS. JAMES E. WAYBRIGBT FOR OUTSTAND- ING COMMUNITY SERVICE On motion of the Board, the following resolution was adopted: WHEI{EAS, Mr. and Mrs. James E. Waybriqht were responsible for the arrest of two suspects and the recovery e£ $250,000 in stolen property from the Countiss of Chesterfield and Henrico and the Cities of ~ichmend, ~etershurg and Hopewell; and WHEI{EAS, Mr. and M~s. Waybright hav~ exhibited an extraordinary concern for their community; and WHEREAS, Mr. and M~s. Waybright are actively involved in insuring the safety of the citizens of this County by their active and unselfish participation in the Enon Neighborhood Watch Proqram. NOW, TEEREFOR~ BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. and Mrs. James E. Waybright for their outstanding concern and consideration for fellow citizens and their property and for participation in one of the largest stolen property recoveries in the area. Vote: Unanimous Mr. Dodd commended Mr. and Mrs. Waybright ior their outstanding concern and consld~ration for their fellow citizens and expressed appreciation for their active involvement and unselfish participation in the Enon Neighborhood Watch Program. He presented the executed resolution to Mr. Waybright, who al~o accepted on behalf of Mrs~ Waybright who was unable to attend. Mr. Frank Bryant and Mr. David Sauer, founding members of the Enon Neighborhood Watch Program, were also present. Mr. Daniel excused himself from the meeting. 7.E. DECLARING DECEMBER 13-19, 1987 AS "DRUNK AND DRUGGED DRIVING AWAREA~S$ W~K" Chief Pittman stated December 13 - ~9, 1987 has been designated by the Governor as "Drunk and Drugged Driving Awareness Week", in conjunction with the national observance authorized by Congress. He stated there will ~e special patrols on duty during th~ holiday season as a preventive mechanism to abate these problems. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board adopted the following resolution was adopted: WHERF~AS, Traffic crashes cause more violent deaths in the United States than any other cause; and WHEREAS, Traffic crashes also play a substantial role in serious injuries, causing most of the new cases of epilepsy and paraplegia in the United States each year; and WHEREAS, Between 45 and 55 percent of fatally injured drivers have alcohol concentrations in their blood above the legal limit and this figure rises to 55 to 65 percent in single-vehicl~ crashes; and 87-939 WK~R~AS, The total societal cost of drunk driving has been estimated to be as high as $25 billion a year, which does not include the human suffering that can never be measured; and WHEREAS, There are increasing reports of collisions involving drivers who have used prescriptions or illegal drugs; WHEREAS, There has teen a groundswell of national and local activity aimed at these problems through citizens' groups, task forces and the Presidential Commission on Drunk Driving; and WHEREAS, The Christmas and New Year's holiday period is a particularly appropriate time to focus attention on this critical problem because more drivers are on the roads, more social functions are attended and more traffic collisions NOW, THEREPORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby proclaim the week Of December 13-19, t987 as "Chesterfield County Drunk and Drugged Driving Awareness Week" and eupports national and local observances thereof~ and in reminding our fellow citizens that safety belts and child safety ~eat~ are our best de£en~e against all the hazards of the road. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. Mr. Dodd stated the holiday period is a particularly appropriate time to focus attention on this critical problem, commended the County law enforcement for their efforts in this endeavor and presented the executed resolution to Chief Pittman. 8. HF~/~TNG$ OF CITIZENS ON UNSC~D~L~D MA~E~S OR CLALMS There were no hearings of citizens on unscheduled matters or claims. 9. DEFEIII~D ITEI~S 9.A. COND4U~ITY SERVICES BOARE On motion of Mr. Applegate, seconded by Mr. Dodd, the Board appointed the ~ollowing people to ~erve on the Community Services Board, from the respective districts as indicated, and whose terme ere effective immediately and expire December 31, 1990: Mrs. Mary Jo Lux Mrs. Patricia Y. Borinski Clover Hill Magisterial District Matoaca Magisterial District Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 9.B. PERSONNEL APPEALS BOARD On motion of Mr. Applegate, seconded by Mr. Dodd, the Board appointed Dr. Bruce R. Fleming to serve as an at-large member on the Personnel Appeals ~oar~, whose term is effective January 1, 1988 and will e~pire December 3I, 1990. Ayes: Mr. Mayes, ~r. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 87-940 COMMUNITY CORRECTIONS I~ESOURCES BOARD On motion of Mr. Applegate, SecOnded by Mr. Dodd, the Board appointed the following people to serve as at-large members on the Community Corrections Resources Board, whose terms are effective January 1, 1988 and will expire December 31, 1989: Mr. Gary K. Johnson Ms. Sandra Lee Starkey Mx. Duane C. Watson {Alternate) Ayes: Mr. Maye$, Mr. Appl~gate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 9.H. J~/~ES RIVER PORT STUDY TASK FORCE On motion of Mr. Applegate, seconded by Mr. Dodd, the Board appointed Mr. Richard F. Sale, Assistant County Administrator for Development, as the representative for Chesterfield County on the James River Port Study Task Force, whose term i~ effective immediately and is at the pleasure of the Board. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 9.F. METROPOLITAN RICHMOND CONVENTZON AND VISITORS BU~d~AU On motion of Mr. Applegate, seconded by Mr. Dodd, the Board appointed Mr. Charles J. Blankenship, Director of Economic Development, as a County alternate on the Board of Advisors of the Metropolitan Richmond Convention and Visitors Bureau, whose term is effective immediately and is at the pleasure of the Board. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 9.D. YOUTH SERVICES COMMISSION On motion of Mr. Applegate, seconded by Mr. Dodd, the nominated Mrs. Angle Chastain, representing Clover District, to serve on the Youth Services Commission, formal appointment will be made on January 13, 1988. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. Board Hill 9.G. INDUSTRIAL DEVELOPMENT AUTHORITY On motion of Mr. Dodd, seconded by Mr. Applegate, the Board deferred consideration of the nomination for the Industrial Development Authority until January 13, 1988, in order that the newly elected Bermuda District Supervisor may have the opportunity to make said appointment. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. ~iron~. Absent: Mr. Daniel. ~r. Daniel returned to the meeting. 1~. P~LZC HF. AK~G$ 10.A. TO CONSIDER AN AMENDMENT TO THE EASTERN AREA LAND USE AND TRANSPORTATION PLAN ADDRESSING FUTURE LAND USE~ UTILITY AND TRANSPORTATION IMPROVEMENTS IN THE RUFFIN MILL AR~A., BOUNDED BY INTERSTATE 95, SWIFT Ct~EEK AND ASHTON C~EK Mr. Sale stated this da~e and time had been advertised for a 87-941 public hearing to consider an amendment to %he ~as%ern Area Land Use and Transportation Plan addressing future land use, utility, and transportation improvements in the Ruffin Mill Area. NO one came forward to speak in favor of or aqainst the proposed amendment. On motion of Mr, Dodd, seconded by ~r. Mayee, the Board adopted the following re~olutien: WHEP~AS, the Chesterfield County Board of Supervisors adopted the Eastern Area ~snd Use and Transportation Plan as an amendment to the Chesterfield General Plan 2000 on August 8, 1904; and WBEREAS, Title 15.1, Chapter 11, Article 4 of the Code of Virginia provides for the preparation and review of a comprehensive plan for all Virginia localities end allows preparation of the Plan in parts; and WHEREAS, the Chesterfield C~unty Board of Supervisors requested the Chesterfield County Planning Commission initiate the Plan revision process and recommend appropriate amendments to the Eastern Area Plan within the Ruffin Mill Road Utility Aesee~ment Di~trict; and WEEREA$, the Chesterfield County Planning Commission has considered propoeed Plan alternatives and has held a public hearing on the proposed Plan revision; and WHEP~EAS, the Chesterfield County Planning Commission has reoorm~ended that the Chesterfield County Board cf Supervisors adopt staff's recommended Ruffin Mill Plan as an amendment to %he ~astern Area Land Use and Transportation Plan, but recommending that only the industrial property outside the current service district be included in the industrial reserve area. ~OW, THEP~EFORE, BE IT RESOLVED, that %he Chesterfield County Board of Supervisors adopts the reco~m%ended Ruffin Mill Plan as an amendment to tho Eastern Area Land Use and Trans~or~ation Plan to guide future devel~ment and provision of streets and public faciliites in the a~ea. Vote: Unanimous 10.B. TO CONSIDER TEE CONVE~ANC~ 0E ~HP~ BARC~L$ OF LAND CON- TAILING APPROXIMATELY FIVE ACRES EACB IN T~E AIRPORT ~NDUS~RIAL PARK TO $CANCEN~R, INC. Mr. Sale stated this date and time had been advertised for a public hearing to consider the conveyance of three parcels of land, containing approximately five (5) acres each, in the Airport Industrial Park to SeanCenter, Inc. No one ca~e foz%~ard to speak in ~avor of or against the proposed conveyance. On motion of Mr. Dcdd, se¢0nded by ~r. Maye$~ the Board approved and authorized the Chairman of the Board and the County Administrator to execute the appropriate agreements and deeds conveying three parcels of land in the Airport Industrial Park~ totalling approximately fifteen (15) acres, for $1.00 per acre to ScanCenter, inc., with the understanding that after completion of the initial incubator facility within one year of the conveyance, ScanCenter, Inc. has six (6) years to develop the second 5-acre parcel and twelve (12) years to develop the third 5-acre parcel or, if the parcels are not developed during the appropriate time limits, the property reverts to the County or ScanCenter, Inc. has the option of 87-942 purchasing the parcels at a cost of $45,000 per acre plus the cumulative consumer price index. It is noted SeanCenter, Inc. may not convey the property to third parties during the time that it is subjeet to the reversion. (A copy of the plat is filed with the papers of this Board.) 11. N~W BUSINESS ll.A. DESIGNATION OF BIRD SANCTUARIES ll.A.1. SOM~ERVILLE GROVE SUBDIVISION On motion Of Mrs. Qirone, seconded by Mr. Dodd, the Board adopted the following resolution: WHEP~AS, Conservation or the saving, protecting, preserving of our natural resources should claim the deep and considered concern of every patriotic citizen of the County; and WEE~AS, Some provision must be made for wildlife if it is to continue to exist. NOW, TEEREFORE EE IT RESOLVED, by the Board of Supervisors of Chesterfield County, Virginia, that the entire area know~ as Somerville Grove Subdivision be designated as a Bird Sanctuary. That it shall be unlawful to trap, hunt, shoot or attempt to shoot Or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. Provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the proper health authorities of Chesterfield County, then in such event said health authorities shall mest with representatives of the Audubon Society, Bird Club, Garden Club or Humane gociety, or as many of said clubs as are found to exist in the Somerville Grove subdivision, after having given at least three days actual notice of the time and place of said meeting to the representatives of said clubs. If as a result of said meeting no satisfactory alternative is found to abate such nuisance, then said birds may be destroyed in such numbers and in such manne~ az is deemed advisable by said health authorities under the supervision of the Chief of Police of the County of Chesterfield. Permission is hereby granted to the Somerville Grove CoImmunity Association to place, subject to the regulations of the Virginia Department of Transportation, suitable plaques at the various entrances o£ $o~exville Grove stating that said Somerville Grove is a Bird Sanctuary, as an appeal and reminder to Tourist and Native alike. Vote: Unanimous ll.A.2. A~MBR00E LANDING SUBDIVISION On motion of Mrs. Girone, seconded by Mr. Dodd, the Board adopted the ~ollowing resolution: WHEREAS, Conservation or the saving, prote0ting, preserving of our natural resources should claim the deep and considered concern of every patriotic citizen of the County; and 87-943 WHEREAS, Some provision must be made for wildlife if it is to oontlnue to exist. NOW, TEEREFOR~ BE IT P~$0LVRD, by the Board of Supervisors of Chesterfield County, Virginia, that the entire area known as Ashbrook Landing Subdivision be designated as a Bird Sanctuary. That it shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or rob bird nests or wild fowl nests. Frovidad, however, starlings or similar bird~ are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or prepeFty in the opinion of the proper health authorities of Chesterfield County, then in such event said health authorities shall meet with representatives of the Audubon Socisty, Bird Club, Garden Club er Humane Society, or as many of said clubs as are found to exist in the Ashbrook Landing Subdivision, after having given at least three days actual notice of the time and place of said meeting to th~ representatives of said clubs. If as a result of said meeting no satisfactory alternative is found to abate such nuisance, then said birds may be destroyed in such numbers and in such manner as is deemed advisable by said health authorities under the supervision of the Chief of Police of the County of Chesterfield. Permission is hereby granted to the Ashbrook Landing Community Association to place, subject to the regulations of the Virginia Department of Transportation, ~uitable plaques at the various entrances of Ashbrcok Landing stating that said Ashbrook Landinq is e Bird Sanctuary~ as an appeal and reminder to Tourist and Native alike. Vote: Unanimous It was noted that Mr. Stith would be coordinating information and notifying involved citizens regarding this matter. ll.B. SET DATE FOR PUBLIC HEARING TO CONSIDER READOPTION OF SECTIONS 8-15, 8-18 AITD 8-16.1 OF TEE COUNTY CODE, ADJUSTING INCOM~ AND 5~ET WORTH LIMITATIONS FOE THE ELDERLY TAX EXEMPTION PROGRAM AND TO PROVIDE FOR AUTO- MATIC ANNUAL P~ECALCULATIONS On motion of Mr. Applegate, seconded by Mr. Dodd, the Board set the date of January 13, 1988, at 7:00 p.m., for a public hearing to con~ider readoption of Sections 8-15, 8-16 and 8~16.1 of the County Code, adjusting income and net worth limitations for the elderly tax exemption progra~ and to provide for automatic annual recalculations. Vote: Unanimous ll.C. APPROPRIATION FOR COMPLETION OF THE AUTOMATED ACCOUNTING On motion of Mrs. Girone, seconded by Mr. Mayas, the Board appropriated $125,600 reserved from the 1986-87 budget (General Fund Reserves) for the implementation of the remaining financial system modules for ~he completion of the automated accot~nting system. Vote: Unanimous Mr. Daniel excused himself from the meeting. 87-944 ll.D. COMMUNITY DEVELOPMENT ITEMS ll.D.1. SET DATES FOR PUBLIC HEARINGS TO CONSIDER CONVEY~/qCE OF PROPERTY AT AIRPORT INDUSTRIAL PA1LK AND AUTHORIZE SALES CONTRACTS ll.D.l.a. SKEANS AND SKEANS On motion of Mr. Applegate, ~¢cended by Mr. Dodd, the ~oard approved and authorized the County Administrator to execute a contingent sales contract for the sale of 2.52 + acres, at $45,000 per acre, in the Airport Industrial Park located along Whitepine Road adjacent to Commonwealth Controls Corporation and set the date of January 13, 1988, at 7:00 p.m., for a public hearing to consider the said conveyance to Skeans and Skeans. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. ll.D.l.b. MR. PAUL PEDERSEN On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute a contingent sales contract for the ~ale cf 7.2 + acre~, at $45,000 per acre, in the Airport Industrial Park--fronting on Whitepine Road across from the Landmark Company site (Lots ~45 and %46) and bounded by Starr Electric and Styles Bartley, and set the date of January 13, 1988, at 7:00 p.m., for ~ public hearing to con~ider the said conveyance to Mr. Paul Pedersen. (It is noted this action supercedes a previous decision by the Board to authorize the sale of a 2.5 ! acre parcel on Whitepine Read, at $45,000 per acre, tO Mr. Pedersen.) Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. ll.D.l.c. STACRHOUSE~ INC. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute a contingent sales contract for the sale of 2.47 + acres, at $38,000 per acre, in the Airport Industrial Park located between Sealeze Corporation and Strahan Ink and Lacquer Corporation, and set the date of January 13, 1988, at 7:00 p.m., for a public hearing to con~ider the said conveyance to Stackhouse, Inc. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. ll.D.2. APPROPRIATION OF FUNDS FOR STONE PLACEMENT ON PONDOLA On motion of Mr. Mayes, seconded by Mr. Applegate, the Board appropriated $500 from the Matoaca District Three Cent Road Fund for the placement of additional stone on Pondola Lane, between Brander~ Bridge Road a~d the Chesterfield County Line, to provide an improved riding surface. Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. ll.D.3. STREET LIGHT INSTALLATION COST APPROVAL On motion of Mr. Dodd, seconded by Mr. Applegate, the Board approved the street light installation cost for the intersection of Blithe Drive and Lively Lane, in the amount of 87-945 $493.24, which funds are to be expended from the Bermuda District Street Sight Fund. Ayes: Mr. Mayas, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. ll.D.4. STP~ET LIGHT REQUEST On motion of Mr. Dodd, ~eoonded by Mr. Applegat~ the Board approved the installation of a street light in the cul-de-sa~ of Heatherstone Drive, with funding te be expended from thc Bermuda District Street Light Fund. Ayes: Mr. Mayee, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. ll.D.5. STOR~ WATER MANAGEMENT AGEBBM~NT FOR VIC~ORiA~ SQUAR~ SMOPPING CENTER On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute a Storm Water Management Agreement with the developer of Victorian Square Shopping Center as approved by the County Attorney's Office. (A oopy of said agreement i~ filed with the papers of this Board.) Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. APPROPRIATION OF BEP4~UDA DIS~RIC~ ~HR~B CENT ROAD FUNDS FOR DRAt~AG~ IMPROVEM~NTS ALONG ROUTE On motion of Mr. Dodd, seconded by Mr. Mayas, the Board appropriated up to $6,5GG from the Bermuda District Three Cent Road Funds for the purchase of materials for drainage improvements on the westbound lane of Route 10 approximately 1,000 feet east of Bermuda Triangle Road and which crossover culvert has resulted in an erosion problem not only to a portion of Route 10 to the north but also to the property of Mr. Clarence Curtis. (It is noted the installation of the materials will be performed either by the Virginia Department Of Transportation or the property owner.) Ayes: Mr. Mayas, Mr. Applegate, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. Mr. Daniel returned to the meeting. ll.E. CONSENT ITEMS ll.B.1. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Copperpenny Road and Manitoba Road in Ashley Grove, Sections D and E, Clover Hill District. Upon consideration whereof, and on motion of Mr. Applegate, seconded by M~. D0dd, it is resolved that Copperpenny Road and Manitoba Road in Ashley Grove, Sections D and E, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requested to take into the Secondary System, Copperpenny Road, beginning at existing Copperpenny Road, State Route 3481, Ashley Grove, Section A, and going southeasterly 0.05 mile to the intersection with Manitoba Road, then continuing southeasterly 0.13 mile to end 87-946 in a cul-de-sac; and Manitoba Road, beginning at the intersection with Copperpenny Road and going southerly 0.06 mile to tie into proposed Manitoba Road, Ashley Grove, Section E. This request is inclusive of the adjacent slope, sight distance and designated Virginia Depar~ent of Transportation drainage These roads serve 14 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation a 50' right-of-way for both of these roads. These sections of Ashley Grov~ are recorded as follows: Section D. Plat Book 54, Page 9, August 18, 1986. Section E. Plat Book 55, Page 17, August 20, 1986. Vote: Unanimous ll.E.2. REQUESTS FOR BINGO/RAFFLE PER~4ITS On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved requests for bingo/raffle permits for the following organizations for the calendar year 1988: ORGANIZATIONS Optimist Club of Bermuda Cavalier Athletic Club Fraternal Order of Police Chesterfield Lodge $47 Virginia Belles Softball Club Bingo & Raffle Bingo Bingo & Raffle Bingo And further~ the Board approved a request for a bingo permit for the Bishop Ireton Knights of Columbus for a period of three (3) months (January - March, 1988}, subject to staff's recommendation that, at the time the permit expires, the organization must reapply for a permit and indicate that it has complied with all County regulations and State law. Vote: ~nanimous ll.P. UTILITIES DEEAETM~NT ITEMS ll.P.1. PUBLIC HEARING TO CONSIDER VACATION OF A PORTION OF WEST STREET BETWEEN PERCIVAL AND RICEMOND STREETS M~. Sale stated this date and time had been advertised for a public hearing to consider an ordinance to vacate a portion of West Street located between Percival and Richmond Streets within the plan of the Town of Chester. No one came forward ko speak in favor of or against the proposal. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board adopted the following ordinance: A~ ORDINANCE to vacate West Street between Percival Street and Richmond Street within Plan of the Town of Chester, Bermuda Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Deed Book 41, pages 693 and 694. 87-947 WHEREAS, Chester Land Co. and Mark L. Cammer and Jill L. Cammer petitioned the Board cf SuRervisors of Chesterfield County, Virginia to vacate West Street between Percival Street and Richmond Street within Plan of the Town of Chester, Bermuda 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 Deed Book 41, pages 693 and 694, dated 1854. The portion of right of way petitioned to be vacated is more fully described as ~ollows: West Street between Percival Street and Richmond Street within Plan of the Town of Chester, more particularly shown on a plat by F. L. Hanowei1, dated 1854, and recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, in Deed Book 41, pages 693 and 694. 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 th~ continuance of right of way sought to be vacated. NOW THER=FOP~, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance witch Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of thi~ 0rdlnanc~ shall b~ recorded no sooner than thirty day~ hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the ~ode of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.14~3 is to destroy the force and effect of the recording of the portion of the plat vacated. Thi~ Ordinance ~hall vest fee ~impte title in the portion of the right of way vacated in the owner~ of the abutting lots free and clear of any rights of public u~e. Accordingly, this Ordinance shall he indexed in the names of the County of Chesterfield, as grantor, and Robert M. Phillips, W. Courtney Wells and Barbara ~. Wells, (husband and wife), Viola L. Britt, and Mark L. Cammer and Jill Y. Cammer, (husband and wife), or their successors in title, as grantee. ? Vote: Unanimous ll.F.2. RiGMT-OF-WAY ITEMS ll.F.2.a. CONSIDER CONDEMNATION OF SEWER EASEMENT NEAR HUGUENOT ROAD ACROSS PROPERTY OF JOHN B. ORGAIN, III AND NORVELL ORGAIN BUTLER On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and a~thorized the County Attorney to proceed with condemnation of a sewer easement across the property of Mr. John B. Orgain, III and Mrs. Norvell Orgain Butler, located north of Huguenot Road and west of Woodmont Drive. Vote: Unanimous 87-948 ll.F.2.b. AUTHORIZATION OF TRANSFER OF FUNDS TO DESIGN A FIVE MILLION GALLON GROUND WATER STORAGE TANK ON HUGUENOT SPRINGS ROAD AND ACQUIRE RIGHT-OF-WAy Mr. Sale stated staff is requesting Board approval of a request to transfer funds to the apprepriate account to design a five million gallon (5mg) ground water storage tank on Huguenot Springs Road and acquire the necessary right of way for the tank to be completed in time to meet the 1989 demands. He stated funds are available in the existing Capital Improvement Budget for the Coalfield area tank and the Meadowbrook area tank. Mrs. Girone ~xpressed concern relative to notification of area residents and stated she is not comfortable that the community is sufficiently aware/knowledgeable of the propOSed project. She stated she would like the public involved in this issue in the form of a public hearing, public meeting, etc. She stated the proposed site is adjacent to Bethel Church, etc., and should be given careful consideration. Mr. Sale indicated the public hearing process would be conducted through the Board of Zoning Appeals as acquisition of easements are obtained. Mrs. Girone indicated the community should be aware that this project is under consideration before these type technical processes begin and requested the issue be deferred until such time as the community can be properly notified and a public meeting held. On motion of Mrs. Girone, seconded by Mr. Appleqate, the Board deferred consideration cf the authorization of transfer of funds to design a five million gallon (5mg) ground water storage tank on Huguenot Springs Road until such time as the public process has been initiated and completed to fully inform the citizens and the matter will then be brought back to the Board for consideration. Vote: Unanimous ll.F.3. CONSENT ITEMS ll.F.3.a. AWARD OF CONTRACT FOR WATER LINE TO SERVE PHYSIC HILLS On motion o~ Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the County Aduministrator to execute any necessary document~ awarding Contract Number W87-40C for the construction of a water line along Winterpock, Beach and Sulk Roads and will serve the Physic Hill Subdivision and other propertlee, to the lowest bidder, B. Nammer and Gay Co., Inc., in the amount of $766,467.80. (It is noted funds for the project are included in the FY 1987-88 Capital Improvements Budget.) ll.F.3.b. RIGHT-OF-WAY AG~/~EMENT WITH VIRGINIA POWER AT ETTRICK PARK On motion of Mr. Mayes, seconded by M~. Dodd, the Board approved and authorized the County Administrator to execute a right-of-way agreement with Virginia Power, which easement is needed for installation of electrical services to a new baseball/softball field at ~ttrick Park. (It is noted funds ~or construction of the baseball/softball field were approved in the 1985 Parks Improvement Bond, and it is anticipated the field should be opened in Spring, 1988. A copy of said agreement is filed with the papers of thiz Board.) Vote; Unanimous 87-949 ll.E.8.e. AUTNORIZE DESIGN WORK FOR HIGHWAY PROJECTS ALONG ROUTE 10 THROUGH CHESTER AND HOPKINS ROAD On motion cf Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute any necessary documents to authorize the design for water and ~ewer relocation work on the Virginia Department of Transportation projects along Route 10 through the Village of Chester and along Hopkins Road from Meadowdale Boulevard to Beulah Road. It is noted the cost for the engineering service~ will not exceed $63,830 for the Route 10 project and $27,900.00 for the ~opkins Road project, and the projects' desiqn will be funded as indicated: Route 10 through Chester Pro3ect U87-222CD Water: Transfer $26,760 from - 5H-5217~6C6E - {Wa%er line adjustments - Route 288) to - 5H-5217-7N2M Transfer $37,070 from - 5P-5217-700E ('87-'88 CIP - Misc. Hwy. Projects Fund) to - 5P-5217-7N2M ~opkins Road Project U87-223CD Water: Transfer $11,400 from - 5H-5217-6C6E - (Water line adjustments - Route 288) to - 5H-5217-7NBM Sewer: Transfer $16,500 from - 5P-5217-700E - ('87-'88 CIP - Projects Funds) ll.E.4. REPORTE Mr. Sale presented the Board with a report on the developer water and sewer contracts executed by the County Administrator. ll.G. REPORTS Mr. Ramsey presented the Beard with a status report on the General Fund Contingency Account, General Fund Balance, Road Reserve ~unds, District Road and Street Light Funds, Lease Purchases, School Literary Loans and the School Board Agenda, as well as a Work Program for Amendment of the Northern Area Plan. ll.K. CONSIDERATION OF PROPOSED 1988 LEGISLATIVE PROGRAM After a brief discussion, it was on motion of the Board resolved that the proposed 1988 Legislative Rrogram for Chesterfield County be adopted, ss amended. (A copy of said program is filed with the papers of this Board.) Vote: Unanimous 87-950 EXECUTIVE SESSION TO DISCUSS THE CONDITION~ ACQUISITION,. OR USE OF REAL PROPERTY FOR PUBLIC PURPOSES OR T~E DIS- POSITION OF PUBLICLY HELD PROPERTM AND CQNSULTATION WITH LEGAL COUNSEL PERTAINING TO LITIGATION REGARDING THE BUPORD ROAD FIRE STATION, PURSUANT TO SECTIONS 2.1-344 (a) (2) AND (6)~ RESPECTIVE~.~..gF THE CODE OF VIRGINIA, 1950, AS AMENDED On motion of Mr. Applegate, seconded by Mr. Mayes, the Board went into Executive Session to discuss the condition, acquisition or uss of real property for public purposes or the disposition of publicly held property and consultation with legal counsel pertaining to litigation regarding the Buford Road Fire Station, pursuant to Sections ~.1-344 (a) (2) and (6), respectively, of the Ced~ of Virginia, 1950, as amended. Vote: Unanimous Reconvening: ll.I. LUNCH The Eoard recessed to travel to the Farm HOUSe Restaurant for lunch. Reconvening: ll.J. REZONING REQUESTS 87S055 In Midlothian Magisterial District, MERIDIAN NURSING CENTERS, INC. requested withdrawal of a Conditional Use Planned Development to permit a nursing home in a Residential (R-7) District on a 4.5 acre parcel fronting approximately 345 feet on the northeast line of Old Buckingham Road, approximately 530 feet northwest of Alverser Drive. Tax Map 16-8 (1) Parcels 1 and 3 {Sheet 7). Mr. Jacobsen stated the applicants have requested withdrawal of Case 878055. There was no opposition present to the request for withdrawal. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board accepted withdrawal of Case 87S055. 87S077 (Amended) In Matoaca Magisterial District, DAVID SOWERS AND R. PATRICK BOWE requested Conditional Use to permit a landfill in an Agricultural (A) District on a 268.6 acre parcel fronting in two (2) places on the west line of Coalboro Road for a total of approximately 1,850 feet beginning at a point approximately 2,650 f~t north of Winterpock Road. Tax Map 108 (1) Parcel 1 (Sheet 28). Mr. Jacobsen ~tate~ the ~lanning Commission recommended denial of this request because of concerns regarding the impact of this project; staff recommended a~roval of the request based on the fact that the Western Area Land Use and Transportation Plan designates the request parcel and surrounding area for agricultural/forestat use; given the limited residential 87-951 development suggested by the Plan, operation of the landfill should net adversely affect future area development; and the conditions recommended in the Request Analysis insure proper operation/reclamation and will minimize the impact on existing and future residential p~eperties in the area. He noted staff received petitions containing approximately 598 signatures in opposition to the proposed use. Mr. Edward Willey, Jr., representing the applicants, presented an overview of the p~uposed request, explaining the proposed use and addressed neighborhood concerns relative to safety, conditions of the roads (i.e., width, surfacing, etc.), traffic volumes and pattern~, hours of operation, the life expectancy of the landfill, the impact of the landf~ll on surrounding properties and existing/future residential development, screening, buffering, prohibition of indiscriminate dumping of ~ateriala when the landfill is not in operation, removal of debris and dirt from Coalboro Road, the control of dust resulting from the operation of the landfill, methods of monitoring~inspecting operation, the need for rubble landfills in the County, security, economic impact o~ p~oposed use ~n value of surrounding properties, the comparability of the proposed request to the Taylor Road Landfill request which he indicated is in close proximity tO the subject parcel, etc. Mr. Mayes requested clarification as to whether or not his attendance at meetings with his consitituents, civic groups and Mr. Willey constituted a conflict of interest regarding this request. Mr. Micas stated it did not. Mr. Mayes stated he did not concur that this request was comparable to the Taylor Road Landfill request n0~ that the Department of Waste Management had answered questions regarding health or safety as it relates to this particular request. Mr. Pat Bows provided the Board with information from a traffic study, presented a video tape recording cf road/traffic conditions from the entrance of the proposed landfill development northwardly to the intersection of Coalboro and Beach Roads, presented an economic impact study and exhibited charts relative to the environmental impact of the proposed development on area property values versus that of other area subdivisions located within close proximity of landfills, exhibited pictures of properties adjacent to the proposed landfill, outlined improvements the developers have proffered for certain portions of Coalboro Road, etc. He stated he felt the proposed use would have little or no aesthetic impact to the surrounding area, and there were sufficient safeguards to assure a safe and clean landfill operation. Mr. Bob Roop, with J. K. Timmons and Associates, displayed and explained the structure, function, etc., of a typical cell to be utilized wif~hin the landfill site. Mr. Bows reviewed findings of the geotechnlcal studies performed on the subject site and displayed graphics relative to abandoned coalmines in the area. Mr. Willey clarified that the applicants are requesting a rubble landfill which is a stump dump, and stated the dsfinition for the subject request is the same as that which was applicable to the Taylor Road Landfill request. ~e requested that Condition 12 on this project be changed to be identical to Condition 3 on the Taylor Road Landfill request to guarantee that if this project were approved it would be restricted to accepting the s~me type material that the Taylor Road site could accept. Mr. Brian Bineva, representing the Winterpock Area Citizens Association, expressed appreciation for the opportunity to address the Board regarding this request. He recognized Mr. Jacobsen, Mr. Peele and Mr. Bowling for their diligent efforts relative to this case and presented the Board with petitions 87-952 from area residents in opposition to the request. Ee addressed concerns of area reeidents relative to safety, conditions of the roads (i.e., width, surfacing, etc.), traffic volumes and patterns, hours of operation, the life expectancy of the landfill, the impact of the landfill on surrounding properties and existing/future residential development, screening, buffering, prohibition of indiscriminate dumping of materials when the landfill is not in operation, remOVal Of debris and dirt from Coalboro Road, the control of dust resulting from the operation of the landfill, methods o£ monitoring/inspecting operation, the need for rubble landfills in the County, security, economic impact of proposed use on value of surrounding properties, the comparability of the proposed request to the Taylor Road Landfill request which he indicated is in close proximity to the subject parcel, etc. He stated the information presented indicates the proposed use is not in the best interest Of the health, safety and welfare of citizens of the County and asked the Board to deny the request. It was generally agreed to recess for five (5) minutes. Mr. Henry Moore, Chairman of the Winterpock Area Citizens' Association, voiced opposition to thc proposed request and expressed concerns relative to inadequate monitoring of wells, fire service and roads; the impact o~ noise on the neighborhood environment; safety hazards created by overloaded, uncovered dnmp trucks; etc. Mr. Bob Crowell distributed material to the Hoard relative to the coal mines located within the subject parcel, hiqhlighting information from field survey maps, locations of potentially dangerous mines, etc. Mr. Dodd expressed concern that this case has become very lengthy and requested that further comments be restricted so that others who were in attendance and interested in other requests would not have to endure a long delay. Mr. Daniel stated anyone interested in this particular case Would have the Opportunity to speak, and since there had been no previous re~trictions established for the length of time an individual could address an issue on zoning oases, he could not honor Mr. Dodd's request. Ms. Linde Adams presented a brief overview of appraisal information relative to property values affected by the proposed p~oject, she stated there are approximately twenty-five families living along Coatboro Road who oppose the request. She also submitted two letters to the Board from residents in opposition to the request who llve adjacent to the proposed site but could not attend the meeting. Mr. Wayne Patterson, a resident of Coalboro Road, voiced opposition to the request as he felt the project will disturb the tranquility of the neighborhood. He stated his home is the principal investment of his life, and h~ does not want a stump dump located three-tenthe of a mile from his home. Mr. Jerry Journigan submitted a letter to the Board from Mr. Tom Park, a Matoaca District resident, indicting opposition to the proposed request, stating the use "is an unfair burden on th~ Matoaca District, but most importantly is against the Western planning area goals and objectives". Ee further addressed concerns relative to resurfacing/maintenance funding and costs for repairs to roads, the impaot of dump truck traffic on the road surfacest etc. 87-953 Mr. Bineva submitted photographs taken in July, 1987, of Taylor Road prior to its being resurfaced. Mr. Cashion expressed appreciation for the opportunity to address the Board reqarding this case and expressed concerns that the proposed site is inappropriate for the location of a landfill as the land in the area does not readily absorb water, adjacent well~ could become contaminated from an overflow/seep- age of the proposed use; underground mines pre~ent unknown safety hazards, etc. Mr. Applegate requested the rules be suspsnded to permit deferral of Case 87S079, COUNTRY FARMS CONVENIENCE MARTS ASSOCIATES, as there were several people present who were interested in this request but who could no longer he detained due to previous commitments and requested the case be deferred. 875079 In Clover Hill Magisterial District, COUNTRY FARMS CONVENIENCE MARTS ASSOCIATES requested rezoning from Residential (R-7) to Office Business (O) and Convenience Business (B-i) with Conditional Use Planned Development. A retail/office complex is planned. This request lies on a 4.5 acre parcel fronting approximately 266 feet on the north line of Hull Street Road, also fronting approximately 700 feet on Pocoshock Boulevard, and located in the northwest quadrant of the intersection of these roads. Tax Map 40-5 (1) Parcel 14 (Sheet 15). On motion of Mrs. Girone, seconded by Mr. Dodd, the Board snspended the rules to permit deferral of Case 87S079 until January 27, 1988. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board deferred Case 87B079 until January 27, 1988. Mr. Ron MoDermont, a resident of Coalboro Road~ voice opposition to the proposed use as he felt the quality of life would be adversely impacted by this development and the area should remain agricultural and/or residential. Mr. Bo~e presented a video taped discussion of the professional findings of several firms relative to %he safety, environmental and economic aspects of this request. Mr. Mayes stated he felt the case had been well represented and documented by ~oth the applicants and the opposition and expressed appreciation for the patience of the Board and the public regarding this case. Me stated he felt the information p~ovided regarding the safety and environmental aspects of this request was inadequate to support approval of the proposed use and the economic impact on area residents would be deterimental. He stated, although the County needs to address the issue of solid waste disposal, he did not feel there is a crfsis at the present time for an additional landfill. He stated he felt the existing quality of life in this area, as well as the ~atoaca District, should be maintained. Mr. Mayes recommended denial of the request. Mr. Daniel seconded the motion in order to permit discussion. Mr. Dodd expressed concerns relative to the manner in which this request was handled by the Planning Commission, the lengthy discussion which transpired and the impact of such a constituents, etc. ~e suggested that this case be deferred until the need/i~sue for stUmp dumps could be studied and, if 87-954 necessary, a policy prepared, as the issue is not only a ~atoaca District issue but a County-wide problem. Mr. Daniel stated past actions by the Board of Supervieore relating to rezoningm do not reflect a signal of the Board's attitude toward growth hut are a collective, quantitative description of individusl land use questions decided upon previously. Ha expressed concerns relative to the number of illegal landfill operations, as cited during the applicant's prementation, within the County and directed staff to initiate appropriate action in thie matter; he stated he needed additional information regarding the number of legal sites within the County and the estimated useful life of these operations; he stated he did not feel there was sufficient information to address the envirornnental issues, etc., and if the request were remanded for further evaluation/study, he felt other issues should be included (i.e., covered trucks, no clearing of land unlese ready for construction, etc.). Mr. Appleqate expressed concesns relative to road widths, EPA standards, measurements of well shafts, contamination of well water, the number of borings, fire protection services, impacts on property values, etc. He concurred with Mr. Mayes concerning an individual's choice to live in a rural environment and maintaining the quality of life in that area for as long am they care to reside there; however, he stated he felt there were too many unanswered questiene regarding this case and felt it should be studied/evaluated further. Mrs. Girone concurred that there were numerous unanswered quemtion~ and that more information was needed. Mr. Mayes stated he felt those present were entitled to a decision on the request and called for the vote. The Board being polled, the vets for denial was as follows: Mr. Dodd= Nay, as he felt the request needed deferral for further study. Mr. Mayes: Aye. Mrs. Girone: Aye. Mr. Applegate: Nay, as he felt the request should be remanded to the Planning Con~ission for further study. Hr. Daniel: Aye. Mr. Daniel stated the request was dsnied. The Board requested that the County Administrator immediately undertake a study to determine the needs for landfill facilities, an inventory of all known stump dump and private landfills, an estimate of the useful life of the legal stump dumps and landfills, to recommend a policy for closing down illegal landfills and stump dumps as indicated in the public testimony of the applicants, and to make a policy recommendation to the Board as early as possible for handling this type situation in the future. It was generally agreed to recess for two (2) minutes. Reconvening: 87B090 (Amended) In Bermuda Magisterial District, RICHARD M. ALLEN ~_ND LAvEP~E C. COLE requested rezoning from Agricultural (A) and Residential (R-7) to Residential-Towlfaouse (R-TH), Office Business (O), and Convenience Business (B-I) with Conditional Use Planned Development on 75.6 acres, plus proffered 87-955 conditions on a 6.2 acre tract currently ~encd Residential (R-7). A mixed use development with residential, office, and eon~aercial uses is planned. This request lies on a tots} of 81.8 acres fronting approximately 2,518 feet on the north line of Iron Bridge Road, also fronting approximately 1,220 feet on Chalkley Road, and located in the northeast quadrant of the intersection of these roads. Tax Map 114-7 (1) Parcels 5, 11, 43, and Part of Parcel 35; Tax Map 114-11 (1) Parcels 3, 5, and 6; Tax Map 114-12 (1) Parcels 2, 5, 6, 9, 15, and 17 (Sheet 31) . Mr. Jacobsen stated the Planning Commission recommended approval of this request, subject to certain conditions. He stated the overlay district is applicable to the entire development; Condition ~2, as proposed by the Planning Commission, would allow exemption to the use of public sewer on the Agricultural (A) portion of the subject parcel because this parcel was already permitted to be developed on septic tanks and was only included to provide prof£ers for the neighborhood which address minimum square footage of houses to be built on lots; staff has concerns relative to establishment of minimum square footage for townhouse/c0nd0mlnlum units as that condition is unenforceable (condition tl). When asked, Hr. Schmeltz indicated Buxton Subdivision is currently served by septic tank/drainfield systems and there have been no problems with those systems. He stated the developers of the subject property plan to use public sewer for the entire site except for the Residential (R-7) portion of the property adjacent to Buxton Subdivision. Mr. Alex Sadler, representing the applicants, stated the initial rezoning request did net include the Residential (R-7] area and it did not need to be rezoned as it already had been approved for single septic tank/drainfield systems some time ago and development of the property was intended to occur under the current zoning separate from this request. He stated, however, the neighborhood expressed concerns regarding this matter and to address those concerns, the application was amended to include that area to proffer lot sizes and home sizes, etc. He stated, with respect to Condition 2, the applicants are requesting permission to use the existing septic tank/drainfield systems for the two houses currently located on the subject property if the homes are converted to office use and that septic tank/drainfield systems be permitted only until such time as public sewer is extended to the site; deletion of the first sentence in Condition 5~ amendment of Condition 6 to require the installation of a solid board or masonry fence along Area 7 and submitted a sketch to the Board for consideration; axaendment of Condition 7 to require building and parking setbacks of fifteen fast from buffers in Areas 7, 8, 9 but not in Area 2 as the area is too small for effective development and additional space is needed in that area; amendment of Condition 10 to a permit drive-in restaurant in Areas 4, 5, and 6; deletion of Condition ll as minimum square footages for townhonses/eendominiums are proffered as 30%-1200 square feet, 30%-1400 square feet or more, and 40%-1800 square feet or more; a~endment of Condition 12 to permit restaurant opening at 6:00 a.m.; and deletion of Condition 13. Mr. Don Pospahala, representing Chester Fishing Club, briefly explained the operation of the iishing clu~, voiced opposition to the proposal and expressed concerns relative to the impact of the proposed development on the insurance liability for operation of the fishing lake as well as the quality/quantity of water runoff from the development into the lake. Mr. Otis Zavertniek expressed concerns relative to drainage, plans for protecting the quality of water, diversion of sewer and water runoff from the proposed development into the fishinq lake, the inability of the developers to monitor the Ph/oxygen content of runoff water; etc. 87-956 Discussion and questions ensued relative to compatibility, drainage, erosion, protection of water quality in the adjacent pond, landscaping, buffers, f~nces, insurance liability, plans for treatment plant, expertise for monitoring contaminants, diversion systems, etc. Mr. Donnie Craft, representing the Association of from Buxton/Lakewood Farms, voiced concerns relative to permitting a drive-in restaurant in Areas 4, 5, 6 a~d 7; the 1150 feet is not sufficient depth from adjacent properties to accommodate transitional use Of property; use will attrac~ undesirables in area and encourage nighttime disturbances to the adjacent residential environment; restaurant use will emit odors (food, garbage, etc.); size of proposed condominiums/townhouses not compatible with square footage, cost/value, etc., of existing residential hemes; increased traffic volumes on Chalkley Road; visual screening/buffering versus undisturbed screening/buffering; Mr. Simms, a resident of Chester Bome Sites, voiced opposition to the proposed use and its impact upon the tranquility he currently enjoys in hie neighborhood. Mr. Leo Myers voiced opposition to the proposed request as he felt it will be detrimental to the neighborhood and the operation of the fishing club. Ms. Judy Tapp voiced opposition to the proposed development as she felt it will have a detrimental impact upon the quality of the neighborhood and devalue the homes. She stated area residents do not want fast-food restaurants, condominiums, townhouses, etc. in the area. Mr. Ralph Jones expressed concerns relativ~ to sediment and erOSiOn control, storm water management techniques, proper monitoring of the quality of the water, etc. and urged the Board to have the foresight to address quality that affects the values in our neiqhborhoods. Mr. Sadler assured the Board the applicants have investigated the ra~ifications of increased insurance rates if their development were to be b~ilt adjacent to the fishing club, that his firm is qualified with respect to dealing with environmental issues, and there is a mechanism within the conditions of zoning to control the quality of watch and protect the lake. He stated this request has been compromised to the point that the current requests are essential to the operation of the facility. Mr. Dodd disclosed to the Board he had discussed this case with the Commonwealth Attorney-Elect relative to a potential conflict of interest as he had an interest in property to the west and ~outh of the subject site; however, since no sewer lines in the proposed request will serve his property, there is no conflict of interest. He stated this case has been a difficult and sensitive one; however, he felt the concerns of all those involved had been addressed/resolved as much as possible. Re expressed appreciation for the patience of his constituents during the meeting and their involvement with Mr. Rowe regarding this request. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved Case 87S090, ~ubject to the following conditions: 1. The following conditions notwithstanding, the plan pre- pared by Austin Brockenbrough and Associates, revised November 2, 1987, and the Textual Statement dated November S, 1987, revised November 17, 1987, shall be considered the Master Plan except as modified herein. (P&CPC) 87-957 2. Public water and sewer shall be used except as follows: a. Area i1 may be developed with septic systems. The existing Allen and Cole residences may initially be utilized for residential Or office uses on the existing septic systems, sub,oct to Health Department approval. The~e structures shall be connected to public sewer when it is made available to the site. 3. In conjunction with the first schematic plan review of each tract, conceptual landscaping plans for buffer areas shall be submitted to the Planning Commission for ap~ proval. Detailed landscaping plans for buffer areas shall be submittsd to the Planning Department for approval within thirty (30) days of rough clearing and grading within each tract. (P) 4. A plan for protection and monitoring of the water quality of the Chester Fishing Club pond, agreeable to the devel- opers and to the chester Fishing Club, or as approved by the Planning Department based On advise of competent authorities shall be submitted to, and approved by, the Planning Commission prior to any schematic plan approval. (CPC&BS) 5. A separator/sediment trap shall be installed on the storm sewer. If this development causes degradation of water quality in the Chester Fishing Club pond via any contami- nant, the developers shall provide the necessary remedy to the extent caused by the development. (CPC) Additional fencing shall be provided in the buffers that shall be, at a minimum, an eight (8) foot chain-link fence (including one (1) gate), ten (10) feet off the property line or on the Fishing Club property; provided that an equivalent fencing condition may be approved at the time of schematic plan review. The fence may only be removed by the applicant upon written notice from the Planning Department that it has received a ssrtlfied statement from the Chester Fishing Club, or its successor, that the fence is no longer necessary to maintain adequate insurance 7. A building and parking setback of twenty (20) feet shall be maintained from buffers, except in Area 9 where the setback may be reduced to fifteen (15) feet. (BS) 8. Schematic plans shall be considered by the Planning Com- mission at a regularly scheduled evening meeting. (CPC) 9. There shall be no gasoline sales in Area 7, (CPC) 10. A total of two (2) drive-in restaurants shall be permitted in Areas 4, 5, and 6. (BS) ll. Any business operated in this develepmsnt shall close no later than 11:00 p.m., Sunday through Thursday and no later than 12:00 midnight, Friday and Saturday. NO busi- ness shall open before 6:00 a.m. (BS) 12. Buffers shall be as depicted on the Master Plan, except that a mlnimnm of a one hundred (100) foot buffer shall be provided adjacent to Parcel 38 on Tax Map 114-7 (1). This buffer may be reduced to thirty-five (35) feet if a house of brick construction with a minimum e£ 2,000 feet of living area is built adjacent to Parcel 38. This buffer shall be installed prior to any developmsnt along Chalkley Road in Areas 1 and 3. (BS) (Note: This condition is in addition to the Textual 87-958 13. Statement, IX. Development standards, a. General. 1.) Setbacks along Chalkley Road shall be based upon major arterial requirements until such time that adjacent property to the west is zoned and/or developed for similar uses. A single access shall be permitted to Chalkley Road. The northern access shall be eliminated. (BS) 14. No restaurant shall be permitted in the Allen home. Vote: Unanimous It was generally agreed to recess for five (5) minutes. (BS) Re~onvening: Mr. Dodd requested the rules be suspended to permit a correction to his motion regarding Condition 7 of Case 87S090, RICHARD M. ALLEN AND LAVERNE C. COLE. On motion of Mr. Applegate, seconded by Mr. Daniel, the suspended the rules to permit a correction to Condition 7 of Case 87S090, RICHA/~D M. ALLEN AND LAVERNE C. COLE. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Applegate, the Board approved Case 87S09Q, subject to the following conditions: 1. The following conditions notwithstanding, the plan pre- pared by Austin Brockenbrough and Associates, revised November 2, 1987, and thc Textual Statement dated November 5, 1987, revised November 17, 1987, shall be considered the Master Plan except as mcdliled herein. (P&CPC) 2. Public water and sewer shall be used except as follows: a. Area 11 may be developed with septic systems. b. The existing Allen and Cole residences may initially be utilized for residential or office uses on th~ existing septic systems, subject to Eealth Department approval. These structures shall be connected to public sewer when it is made available to the site. 3. In conjunction with the first schematic plan review of each tract, conceptual landscaping plans for buffer areas shall be submitted to the Planning Commission for ap- proval. Detailed landscaping plans for buffer areas shall be submitted to the Planning Department for approval within thirty (30) days of rough clearing and grading within each tract. 4. A plan for protection and monitoring of the water quality of the Chester Fishing club pond, agreeable to the devel- opers and to the Chester Fishing Club, or as approved by the Planning Department based on advice of competent authorities shall be submitted to, and approved by, the Planning Commission prior to any schematic plan approval. (CPC&~S) 5. A separator/sediment trap shall be installed on the storm sewer. If this development causes degradation of water quality in the Chester Fishing Club pond via any contami- nant, the developers shall provide the necessary remedy to the extent caused by the development. (CPC) 87-959 6. Additional fencing shall be provided in the buffers that shall be, at a minimum, an eight (8) foot chain-link fence (including one (1) gate), ten (10) feet off the property line or on the Fishing Club property~ provided that an equivalent fencing condition may be approved at the time of schematic plan review. The fence may only be removed by the applicant upon written notice from the Planning Department that it has received a certified statement from the Chester Fishing Club, or its successor, ~hat the fence is no longer necessary to maintain adequate insurance coverage. 7. A building and parking setback of twenty (20) feet shall be maintained from buffers, except in Area 2 where the setback may be reduced to fifteen (15) feet. 8. Schematic plans shall be considered by the Planning Com- mission at a regularly scheduled eveninq meeting. (CPC) 9. There shall be no gasoline salss in Area 7. (CPC) 10. A total of two (2) drive-in restaurants shall be permitted in A~eas 4, 5, and 6. (BS) 11. Any business operated in this development shall close no later than 11:00 p.m., Sunday through Thursday and no later than 12:00 midnight, Friday and Saturday. NO busi- ness shall open before 6:00 a.m. (BS) 12. Buffers shall be as depicted on the Master Plan, except that a minimum of a One hundred (100) foot buffer shall be provided adjacent to Parcel 38 on Tax Map 114-7 (1). This buffer may be reduced to thirty-five (35) feet if a house of brick construction with a minimum of 2,000 feet of living area is built adjacent to Parcel 38. This buffer shall be installed prior to any development along Chalkley Road in Areas 1 and 3. (SS) (Mote: This condition is in addition to the Textual Statement, IX. Development standards, a. General. 1.) 13. Setbacks along Chalkley Road shall be based upon major arterial requirements until such time that adjacent property to the west is zoned and/or developed for similar uses. A single access shall be permitted to Chalkley Road. The northern access shall be eliminated. (RS) MO restaurant shall be permitted in th~ Allen home. 14. 87S124 In Dale Magisterial District, C.L. RUDOLPB requested rezoning from Aqricultural (A) to Residential (R-12). A single family residential subdivision is planned. This request lies on a 44.8 acre parcel lying approximately t83 feet off the south line of Jessnp Road and approximately 208 feet off Zion ~ill Church Road and southeast of the int~sectlen o£ these roads. Tax Map 51-12 (1) Parcel 3 (Sheet 15). Mr. Jacobsen stated the Planning Commission reCOmmended approval of this request and acceptance of the applicant's proffered conditions. Mr. Sam Beale stated the applicant has proffered conditions and a declaration of covenants, restrictions and conditions which he feels are a sufficient compromise and adequately address 87-960 Mr. Harold Crowder, representing area residents, statsd ths subject parcel of land has been vacant for approximately twenty (20) years and adjacent property owners would prefer that the parcel remain in its natural state. He stated, although the proposed use is compatible, the character and size of existing lots adjacent to the subject property are larger than those proposed, and area residents are requesting that the developer proffer that the lots on the east boundary of the subject site be a minimum of 15,000 square feet in size. Mr. Beal~ stated the proposed land use and density a~e in conformance with the Central Area Land Use and Transportation Plan, the applicant ha~ agreed to a proffer which addreases lot sizes adjacent to certain parcels, and the applicant has limited the minimum square footage of the housing. He expressed appreciation for the cooperation of all tho~e involved with this request. When asked, Mr. Beale indicated public water and sewer will be used for this project. Mr. Applegate inquired if the proposed development would impact enrollment at Henlng Elementary and/or Meadowbrook High Schools. Mr. Daniel indicated the proposed development will generate additional enrollment for area schools; however, this factor cannot be considered in the determination of approval or disapproval of this request. On motion of Mr. Daniel, seconded by Mr. Applegate, the Board approved Case 87S124 and accepted the following proffered conditions; A. A declaration of covenants, restrictions, and conditions shall be recorded to include the following: (1) No noxious or offensive activity shall be carried on upon any lots, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. NO animals, livestock Or poultry of any kind shall be raised, bred Or kept on any lot except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for coramercial purposes. (2) {a) No dwelling shall be erscted on any lot having a total area of finished living space, exclusive of basements, porches, breeze-ways, garages, tool rooms and storag~ space of less than 1,200 square feet for a one-story dwelling, 1,400 square feet for a two-story or cape cod dwelling, and 1,600 square feet for a tri-level dwelling. Ail residences constructed on the lots shall have a brick veneer foundation. (b) NO building, or other structure shall be erected, placed, altered or permitted to remain on any lot unless the Construction plans and specifications, the landscaping plans and the location of such building or other structure have been approved in writing by an Architec- tural Control Committee designated by Declarant {the "Committee"). Any such structure shall be at least equal in quality/character to those in the existing neighborhood. If the Co~ittee fails to approve or disapprove any such plans, specifications and location with 30 days after the receipt thereof, then approval shall not be required but will be deemed to have been waived. The Committee shall function until houses have been constructed on each lot and sold to an ultimate purchaser. Thereafter a new committee shall be formed and the members selected by the affirmative vote of 80% of the record owners of the lots in Jes~np Meadows. 87-961 (3) Clearing or otherwise altering t~he area within the 100 year flood plain on any lot shall not be permitted except with respect to the installation and maintenance of utility and drainage facilities. (4) Strip clearing of the trees from any lot shall not be permitted. (5) The building setback requirements for front and side streets for Chesterfield County, Virginia shall be observed. (6) Declarant reserves unto itself and its successors or as~iqns the fee in all streets and public roads and an easement over and under each lot for drainage purposes and for installing and maintaining necessary utilities on each lot. (7) NO sign of any kind shall be displayed to the public view on any lot except (a) one professional sign of not more than one square foot; (h) one sign of not more than fiv~ square feet advertising the property for sale or rent; (c) signs used by a builder to advertise the property for sale during the construction and sales period; (d) one sign setting forth the name of the subdivision. (8) No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. (9) Motor vehicles which do not have a valid inspection sticker and a license to permit the operation of such vehicles upon the highways of the State of Virginia shall not be permitted to remain on any lot for a period in excess of 60 consecutive days unless such vehicles are parked in a garage or carport. (10) No exterior television or other antennas, parabolic or satellite communication dishss Or any other equipment for the purpose of receiving or sending radio or television signals shall be permitted on any (11) No wall, hedge, mass planting or similar obstruction permitted to remain on any lot between the street right-of-way line and the front line of any writing by the Committee. (12) These covenant~ ~hall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants shall be automatically extended for succes- sive periods of 10 years unless an instrument signed by a majority of the then owners of the lots covered by this Declaration has been recorded, agreeing to change such covenants in whole or in part. (13) Invalidation of any of these covenants by judgment or in full force and effect. 87-962 (14) (15) It shall be lawful for any person, firm or other legal entity owning any of the lets described herein (including Declarant, its successors or assigns) to prosecute any proceedings at law or in equity against the person or other legal entity violating or attempting to violate any such covenant and either to prevent such violation or to recover damages for such violation. Any failure on the part oi the Declarant or any owner of such lots to do so shall not be con- sidered as a waiver of any rights at law or in equity that any such party may have for past or future violations of these covenants. Neither the Declarant, its successors or assigns, the Committee or any of its members shall be liable to any owner or to any other person on account of any claim, liability, danger or expenses suffersd er incurred or threatensd against an owner or such other person arising out of or in any way relating to the subject matter of the reviews, acceptances, inspections, permissions, consents or required approvals, whether given, granted or withheld. Ail o~ the lots which will be adjacent to Tax Map 51-12 (1} Parcel 4, Tax Map 51-12 (1) Parcel 2, Tax Map 51-12 (1) Parcel 1, and Tax Map 51-8 (1) Parcel 9 shall not be less ~_han 15,000 square feet in size. No dwelling shall be erected on any lot having a total floor area of finish living space, exclusive of basements, porches, breeze-ways, garages, tool rooms and storage space of less than 1,200 square feet for a one-story dwelling, 1,400 square feet for a two-story dwelling, and 1,600 square feet for a tr,-level dwelling. All resi- dences constructed on the lots shall have a brick veneer foundation. 87S132 In Dale Magisterial District, COMMONWF~%LTM D~V~LOPM~T CORPORATION requested Conditional Us~ Planned Development to permit bulk (lot size and width) exceptions in a Residential (R-7) District. A single family residential subdivision is planned. This request lies On tWO (2) parcels for a total of 35 acres, fronting in two (2) places on the west line of Jessup Road for a total of approximately 550 £¢¢t beginning at a point approximately 100 feet north of Hallmark Drive, also located at the w~$t~rn terminus of Brambleton Road. Tax Map 51-7 (1) Parcel 14 (Sheet 15). Mr. Jacobsen stated the Planning Commission reco~ended approval of this request, subject to a single condition and acceptance of a proffered condition. He stated prior to the recordation of the rsmaining lots of Fairpines Subdivision, tentative approval of the plat expired, and, because the minimum requirements of the Residential (R-7) District were amended, any new plat of Fairpines Subdivision submitted would need to meet the current standards (minimum lot size of 9,000 square feet and lot width of seventy-five {75) feet). He stated the developer, through the current Conditional Use Planned Development application, is seeking to record lots under the previous R-7 standards aad is proffering a twelve (12) acre tract to create a neighborhood amenity, thereby reducing the overall average density to 1.86 units/acre. Mr. David Reddman, representing the applicant, concurred with Mr. Jaeobs0n. When asked, he indicated public water an~ sewer would be used for this project. 87-963 0 There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Applegate, the Board approved Case 87S132, subject to the following condition: The proffered condition notwithstanding, the plat of Pairpines by J.K. Timmons and Associates, P.C., granted tentative approval by the Planning Commission on March 18, 1986, shall be considered the Master Plan. {P) And further, the Board a~cepted the following proffered condition: By the date of recordation of the subdivision plan for Fairpines, Sections 4 and 5, as set forth on the Application for Conditional Use Planned Development, Case NO. 87S132, the applicant or its successors agrees to identify ~ homeowners association or other suitable entity to hold title to former tentatively approved Fairpines, Section 6 (beinq 12 acres more or less, fronting on Jessup Road) to be used as natural open space and to provide appropriate covenants limiting the use o£ such property for such purpose. Vote: Unanimous 87S147 In Midlothian Magisterial District, VILLAGE ASSOCIATES requested amendment to Conditional Use Planned Development (Case 83S142) to permit an automobile repair shop in a Community Business (B-2) District, plus exception to the requirement that access not be permitted within 200 feet of a church. This request lies on a 1.0 acre parcel fronting approximately 215 feet on the north line of Midlothian Turnpike, approximately 140 feet east of Mount Pisgah Drive. Tax Map 16-9 (1) Part of Parcel 11 (Sheet 7). Mr. Jacobson stated the Planning Commission recommended approval of the request, subject to certain conditions and acceptance of proffered conditions. Mr. ~dward Willey, Jr., representing the applicant, stated the recommended conditions were acceptable. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved Case 87S147, subject to the following conditions: 1. The following conditions notwithstanding, the plan pre- pared by Freeman and Morgan Architects, dated July 28, 1987, shall be the Master Plan. (P) (Note: Conditions of zoning for Case 83S142 prohibit the freestanding sign depicted on the Master Plan.) 2. Between the parking area and the access road along the northern boundary of the site, landscaping shall be provided so as to minimize the view of parked vehisles and service bays from the adjacent shopping center to the north and the church property along Mount Pisgah Drive. A detailed landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with site plan review. (P) 3. Landscaping shall be provided along the east and west property boundaries of the site to minimize the view of the service bays and parked vehicles from adjacent proper- ty and Midlothian Turnpike. Landscaping shall consist of a species having an initial height and density to provide 87-964 year-round screening. ~ detailed landscaping plan depict- ing this requirement shall be submitted to the Planning Department for approval in conjunction with site plan review. (P) 4. In conjunction with the approval of this request, the Planning Commission shall grant schematic plan approval of the site design, building elevations, and landscaping plan. (p) (~ote: Ail previously imposed conditions of Case 83S142, with the exception of Condition 5 (b) remain applicable.) And fnrther, the Board accepted the following proffered condition: There shall be no business activity conducted on Sundays before 1:00 p.m. Vote: Unanimous 87S150 In Matoaca Magisterial District, EARLE SPENCER, JR. requested Conditional Use Planned Development to permit a convenience store with gasoline sales and bulk (setback) exceptions in an Agricultural (A) District on a 1.7 acre parcel fronting ap- proximately 345 feet on the northeast line of Genito Road, also fronting approximately 450 feet on the west line of Courthouse Road, and located in the northwest quadrant of the intersection of these roads. Ta~ Map 63-3 (1) Parcels 13 and 50 (Sheet 21). Mr. Jacobsen stated the Planning C~ission rec0~ended denial of this request because the proposed land uses do not conform to the Northern Area Land Use and Transportation Plan which designates the area encompassing the request parcel for medium density residential use, approval of commercial land uses in this area could establish a precedent for further expansion of similar uses from Route 360 along Courthouse and Genito Roads, south of this intersection, the Master Plan for the request represents everdevelopment of the subjact parcel, and approval of this request would be inconsistent with the Commission's and Board's previous actions regarding commercial uses at the intersection of Genito and Courthouse Roads. He stated t_he Planning Commission received petitions favoring approval of the subject request, and there were also residents present who wished to speak in favor of the request. There was no one present to speak in opposition to the request. Mr. Dean Eawkins, representing the applicant, presented background information regarding the proposed request and stated the applicant feels the proposed use is appropriate for the subject site given the similar commercial uses within close proximity. He stated the applicant is requesting exceptions to only the setback requirements for parking and the gasoline canopy. Mrs. Mildred Spencer Moseley stated there have been previous commercial uses on the subject parcel and voiced support for approval of her son's request. MS. Louise Hague's daughter voiced support for the proposed request and stated the proposed convenience store would not adversely impact the property. Ms. Woodcock voiced support for the proposed request as she felt approval would be beneficial to Mrs. Hague. When asked, Mr. Jacobsen stated the Planning Co~nission based its recommendation for denial on the fact that if the request 87-965 were approved it would establish a precedent for further expansion of similar uses from Route 360 along Courthouse and Genito Roads such as those types of development which have occurred along portions of Routes 360 and 60 and would make it difficult to deny other requests for similar development in the Further discussion ensued relative to the current, predominant area uses, the use of public sewer, average daily traffic trips generated by the proposed use, ingress/egress to the sit~, the distance of entrances for the proposed development from the existing intersection and traffic signal, construction of additional pavement, curb, gutter, etc., to facilitate turning movement~ along Courthouse and Genito Roads for the entire property, setback/buffer requirements, etc. Mr. Daniel stated, given the ~sasOns stated for the recor~endation of denial, he could not support approval of the ~equest. Mr. Mayas expressed concern regarding notification of adjacent property owners, other than those who ware present and stated he could not support approval of the request as submitted but would support a deferral in order to receive input from other area residents. Mr. Hawkins stated a deferral would be acceptable to the applicant. On motion of Mr. Mayas, seconded by Mr. Dodd~ the Board deferred consideration of Case 87S150 until January 27, 1988. Vote: Unanimous 87S152 In Matoaca Magisterial District, BRANDERMILL INVESTMENT ASSOCIATES requested Conditional Use to permit an outdoor recreational facility in a Residential (R-9) District on a 7.3 acre parcel lying approximately 700 feet of~ the southwestern terminus of Tetris Road, also lying approxL~ately 700 feet south of Wraywood Avenue. Tax Map 132-15 (2) Garden City Heights, Part of Lots 104 and 105 (Sheet 41). Mr. Jacobsen stated the Planning Commission recommended approval of this request, subject to certain conditions. Mr. James Peters stated the ~ecoK~ended conditions were acceptable. When asked, he indicated public water and sewer will be used for the project. There was ne opposition present. On motion of Mr. Maycs, seconded by Mr. Dedd, the Board approved Case 87S152, subject to the following conditinns= 1. The following conditions notwithstanding, the plan pre- pared by The Planning and Design Collaborative, Incor- porated, dated August 24, 1987, shall be oonsidered the plan o~ development. (P) 2. Hours of operation shall be limited from 8:00 a.m. to 10:00 p.m., Sunday through Thursday; and from 8:00 a.m. to 11:00 p.m., Friday and Saturday. Parking lots shall be barricaded with a locked gate from t0:00 p.m. to 8:00 a.m., Sunday through Thursday; and from 11:00 p.m. to 8:00 a.m., Friday and Saturday. 3. Parking shall be provided on the basis of one (1) space for each ninety (90) square feet of combined swimming and wading pool areas, and four (4) spaces for each tennis court. (P) 87-966 ll. Vote: (Note: The Zoning Ordinance r~quir~s that all driveways and parking areas for six (6) or more vehicles be paved. Also, the BOCA Code requires two-way driveways to be a minimum of twenty-four (24) feet in width unless local agencies grant exceptions. On a routine basis, driveways serving parking lots containing up to fifteen (15) parking spaces to be twenty (20) feet in width are permitted; and driveways serving parking lots of sixteen (16) to thirty (30) parking spaces to be twenty-two (22) feet in width.) 4. There shall be no outside public address system or speakers. 5. All outdoor lighting shall be no higher than fifteen (15) feet and shall be designed so as not to project light into adjacent properties. All OUtdoor lighting shall be timed not to permit illumination after 11:00 p.m. (P) One (1) sign, to be located at the sntranoe to the pool complex, shall be permitted. This sign shall neither be luminous nor illuminated, A rendering of this sign shall be submitted to the Flanning Department for approval prior to erection. 7. In conjunction with final site plan review, and prior to the release of building permits, a detailed landscape plan for the site shall be submitted to the Planning Department for approval. This plan shall incorporate pedestrian and bicycle path~ to provide the greatest possible safety and convenience of access to the site from surrounding res- idential development. A thirty-five (35) foot building setback and buffer strip, exclusive of easements, parking areas, and recreation facilities shall be established and maintained along all property lines of the site. The area within the buffer strip shall be left in its natural state, or supplemented with berms, planting, or ornamental fences, in accordance with the landscape plan (see Condition ~). NO access shall be permitted through this buffer, except for one (1) entrance driveway and pedestrian and bicycle paths as shall be required by the landscape plan (see Condition 7). (P) 9. ~ransfer of ownership and maintenance responsibility for this recreational facility to the ~omeowner's Association shall not take place prior to the issuance of occupancy permits for the recreational facilities, Or prior to a bond Doing posted providing for 100% surety of the com- pletion of all improvements to be made. (P) 10. Any fill to increase elevation on any portion of this site must be balanced by removal of earth to maintain the natural capacity of the 100 year floodplain. (EE) Public water and sewer shall be used. (U) 87S153 In Matoaca Magisterial District, GEORGE B. SOWERS, JR. AND ASSOCIATES, INCOt%PORATED requested rezoning from Agricultural (A) to Residential (R-12). A single family residential subdivision iE planned. This request lies on a 40.0 acre parcel fronting approximately 1,470 feet on the southwest line of Happy Hill Road, approximately 300 feet southeast of Tarris Lane, also fronting 390 feet on the east line of Elm Street, across from Sycamore Street. Tax Map 132-16 (4) Forest Heights, Lot 25 and Tax Map 133-13 (2) Forest Heights, Lots 21, 22, 23, and 24 (Sheet 41). 87-967 Mr. Jacobsen stated the Planning Commission recemmended approval of this request, subject to a single condition. Mr. John Dollings, representing the applicant, stated the recommended conditions were acceptable. When asked, he indicated public water and sewer will be used. ·here was no opposition present. On motion of Mr. Hayes, seconded by Mr. Dodd, the Beard approved Case 875153, subject to the following condition: A fifty (50) foot building setback and buffer strip, exclusive of easements, shall be established and maintained along Happy Hill Road. Prior to recordation of subdivision plats, the developer shall flag the buffer for inspection by the Planning Department. The area within the buffer shall be planted, or left in its natural state if there is sufficient vegetation to provide adequate screening. If sufficient vegetation does not exist, a landscape plan shall be submitted to the Planning Department for approval and a bond shall be posted to cover the cost of implementing the plan, prior to recordation of subdivision plats. No access shall be permitted through this buffer. This building setback and buffer strip shall be noted on final check and record plats. The Planning Commission may modify this condition, and provide for access, at ths time of tentative subdivision r~view. (P&T) Vote: Unanimous 87S159 In Midlothian Magisterial District, THE ASHMONT COMPANY requested rezoning from Agricultural (A) to Residential (R-15). A single family residential subdivision is planned. This request lies on a 14.5 acre parcel lying approximately 300 feet off the north line of Smoketree Drive, measured from a point across from Coralberry Drive, also lying at the eastern terminus of Old Lewiston Road. Tax Map 27-5 {1) Parcel 8 (Sheet 8). Mr. Jacobsen stated the Planning Ccma~isslon recommended approval of this request. Hr. Lennie Lewis, representing the applicant, stated the recommendation was acceptable. Mr. Brad Bammer~ representing the residents of Ashley Woods Subdivision~ stated area residents prefer that the developer preserve the natural drainage to the maximum extent and that there be no stub road connection to Smoketree Drive. Mrs. Girone Submitted letters from the Smoket~ee Civic Association s~pporting no stub road connection from the proposed development to Smoketree Drive. On motion o~ Mrs. Girone, seconded by Mr. Dodd, the Board approved Case 87S159. Vote: Unanimous 11.~.5. D/WiENDMENT OF PREVIOUS BOARD ACTION TO AUTHORIZ~ ADV~R- TISING A PUBLIC HEARING FOR AN ASSESSMENT AND DEVELOP- M~NT DISTRICT IN THE RUFFIN MILL AREA It Was generally agreed to suspend the rules to permit amendment of a previous Board action to authorize advertising 87-968 for a public hearing for an assessment and development distr±ct in the Ruffin Mill area. On motion of Mr. Applegate, seconded by Mr. Daniel, the Board suspended the rules to permit amendment of a previous Board action to authorize advertising for a public hearing for an assessment and development district in the Ruffin Mill area. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Apptegate, the Board approved and authorized amendment of a previous Board action to authorize advertising for the January 27, 1988, public hearing to permit the advertisement for both an a~sessment and development district in the Ruffin Mill area. Vote: Unanimous ll.L. AMENDMENT OF 1987 ~OLIDAY SCHEDULE On motion of Mr. Applegate, seoonded by Mr. Dodd, the Board suspended its rules to permit an amendment to the 1987 County Holiday schedule. Vote: Unanimous On metion of Mr. Applegate, seconded by Mr. Dodd, the Board approved and authorized amendment of the 1987 County Holiday schedule to include a half-day holiday for New Year's Eve, Decenfoer 31, 1987. Vote: Unanimous 12. ~ On motion of Mr. Applegats, seconded by Mr. Dodd, the Board adjourned at 9:00 p.m. (EST) until 4:00 p.m. (~$T) on January 13, 1988. Vote: Unanimous L~ne B. Ramsey ~ n County Administrator 87-969