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07-25-90 Minutes$~pexvi~ors im Atte~ance: Mr. <. F. Currin, Jr., Chairman Mr. M. B. Sul2ivan~ Vice Chai~an Mr. G. H. Applegate Zr. Harry G. Daniel Mr. Jesse J. Mayss Lane B. Ramsay Staff in A~tendance: Ms, Amy Davi~t Exec. Asst. to Co. Admin. Mrs. Doris Da~art, Asst. Co. Admin., Legis. Svc~. and Xnterg~vern. Affairs Ms. Joan Dolez~l, Clerk to the Board Fire Department Mr~ William ~. Dir., Gen. Services Mr. Thomas E. Jacobson~ Dir. of Planning Dr. Bert Lowe, Dir., Mr. Robert Masden, Deputy Co. Ad, in., 5uman Service~ Mr. K. J, MeCracken, · ransp. Director Mr. Richard MoElfish, Dir. of Env. Mrs. M. Arllne ~cGuire, · r~asurer's Office Mr. ~ary McLareg, Dir. of Economic Devetopmt. ~r. $~eve ~icas, Cc. Attorney Mrs. Pauline Mitchell, Dir. of News/Info. Dir., ~ealth Col. Joseph ~it~n, Chief of Police Deputy CO, Admin.~ Mr. Jay Ste~aier, Dir. of Budge% Mr. M. D. Sti~h~ Dir. of Parks a Rec. Mr. David Welch0ns, Dir. of MT. Frederick Witlis~ Dir. of H~an ~r. Currin called :he regularly scheduled meeting ~u order at 9:15 a.m. (DST). 1. INVOC~TXON Mr. Currin introduce~ Revs~ond Gregory E, Jones, Chester Presbyterian Church, who gays the invocation. 90-545 7/25/90 AM~ATCA Colonel Joseph E. Pitt~an, Jr., Chief of Police, led the P~edge of Allegianc~ to the ~lag cf the united States of America, ~..~PPROVA[~OF MINBTE8 On motion of Mr. Sullivan, seconded by Hr. Applegate, the Board · . COUNTY ADMINIS~L~ATOR'S Mr. Ramsey stated Chesterfield County had ~eceivsd several ~ationa] Association nf Counties' awards which will b~ p~esented to the appropriate personnel at the August 22, 1990 newspaper in whish an ar%isle listed Chesterfield Connty as one of the fifty upcoming counties in the natioD an~ indicated the County is one whos~ growth wii~ continue into the 90's. 5. BOARD COg~ITTEE REPOR?S Mr. Daniel re~ort~d he was unable to attend th~ ROU%~ however, he did attend the Va~i~a-Enon Bridge/I-295 ~ion/ribbon cutting ceremony; attende~ th~ Metropolitan ~lanning Organization meeting which group has submi<ted to Virginia Deper%me:~ of ~ransportation a re.es% for funding of a ten-passenger van with wheelchai~ llf% for the Chesterfield Counby Co~mai~y services Board which fund~ an~ wan anticipated for r~eipt in Dec~ber, 1990; atten4ed the Richmond Regional Planning District Co~isslon me.ting at which there were contracts for the Central Virginia Waste ~anagem~nt Authority which ~hi~ Board should be receiving i~inently for approval; conducted a citizens network meeting on which ther~ overview focusing on the upcoming Dale Distric~ School Beard appoin~ent. ~r. ~ayes reported he at~end~ the Route 288 ~e~ication/ribbo~ cutting ceremony; attended the Varina-~non Mr. Apple~ate reported he attended the Route 288 B~idge/t-295 d~dication/ribbon cutting ceremony; attended a Richmond R~ional Planning District Co--lesion ~axi Regional ad0pt~ ~o ~e taken back to ~ full Richmond Regional Planning Di~rict Cotillion for Approval; and tko Rickmon~ Regional Mr, ~n~iiv~n reported ke also a~tended the Route 288 dedica- tion/ribbon c~tting ceremony; attended the Vsri~a-~non Brldge/i-295 dedication/ribbon cutting ceremony; and attended a meetimg of the Water Resources Ta~k Fore~ at which a plan action has b~en a~op~ed and approved by all the co--unities in the region for ~e Richmond Meeropoti%an area. Mr. Curtis reported he attend a ~ocial Services mestlng with Mrs, Jean Smi:h, Director of th~ County 8octal Sezvi0es Depa~ement, at' which thsre was di~cus$io~ pertinent to the 90-546 7/2~/90 cutback in funding re$our=ee to local ]urisdictions and which will hnv~ a ~eveT~ impact on many of the County'S $crvlces and which he felt should be cf primary concern to the Board in the future; attended the Richmond Regional Planning District commission meeting; attended the Route 288 dedication]ribbon cuttinq ceremony; attended ~he ratine-Enos Bridge/I-29~ dedication/ribbon cutting ceremony after which Chesterfield County hosted a picnic at Henricue Park which he felt was very successful; and attended the dedication/ribbon cutting ceremony for the Bensley Community Building, =he first of which was the recipient of private funds contributed to the County for %he sole purpose of construe%ins such a facility. 6. REQ~STB TO POSTPONE ACTION, EME~ENCYA~BITION~ OR ~GES ~ TH~ O~DER O~ ~1%ESENTATION On motion e£ Nr. Applegate, seconded by Mr. Sullivan, the Board deleted Item 8., Eearings of Citizens on Unscheduled Matt0rs er Claims, Mr. William Thompson, III, Re~arding Rivarton School/Park Site; added Item ll.E.4.k., Approval of Change Order Number 1 for Contract ~8-0251 Route 1/381 Sewer Assessment District; and added an addo~d~ ~O existing Item 9.A., Public Hearing to Consider the M~ado~lle Plan, an ~endment to the Eastern Ar~a Land USe a~d Transportation ~lan; and adopted the agenda, as amended. Vote: Unanimous 7. R~SOLUTTONS AND SPECIAL i~ECOGNITIO~S 7.A. DR. K0~LDJ. JEHSUPo CO~H~UNITY SER~F/CES ~OARD On motion of the Board, the following resolution was adopted: ~R~A$, Dr. Ro~al~ J. Jessup, representing the Dale Magisterial District, ha~ been a valued member of the Chest~rfieid Community Services Board since his appointment ~y the Board of SuperVisOrs in January~ 1986; and W~EREAS~ D~, Je~%~ has diligently served as a member cf each of ~he three Community Services ~eard's ~tanding committees and actively participated as a Chesterfield Community Services Board Representative at state-wide conferenceu of tAe Virginia Community Services Board; and WI~EREAS, The guidance nnd commitment demonstrated 5y Dr. Jessup during his appointment as a member of this Board will be q~eatly miesed. NOW, THEREFORE BE IT RESOLVED~ that the Chesterfield County Board of Supervisors hereby expresses its sincere gratitude and appreciation to Dr. Ronald J. Jeesup for hi~ dedica=ed coam%i~men~ and many contributions in the provision of quality m~Dtal health, m~ntal retardation and substance abuse services to the citizens cf Chesterfield County. Ai~D, BE IT FURTHER ~ESOLVED, that a copy of this resolution be formally presented ~o Dr. Jessup and that this resolution be permanently recorded among the ~purs of the Chesterfield County Board Of Supervisors. Vote: Unanimous ~r. Daniel presented the execue~d r~solu~ion to Dr. Jes~up, Commended him for hie outstanding s~rvice to the co--unity and stated his presence and commitment to his fellow citizens would be missed in thc Dale District but would be an asset to his new co,unity. 90-547 7.B. HONORING BETHI~U~M BAPTIST C~URC~ ~ ~TS ~ICElvi'~NI~L CBLEBRATION On mo~ion of the Board~ the follo~ing resolution was adopted: WHEREAS~ Bethlehem Baptist Church and its congregation will celebrate its 2O0th Anniversary in Chaatorfi~id Cuunty un July 26, 1990; and W~EREAS, The very first church and congregation of Bethlehem Baptist Church was located on Midlothian Turnpike in Chesterfield COUnty. The small country Church was furnished with oak pews, stained-glass windows and gas lights. Today, the Church, still located on Midlothiun Turnpike, has ~m=rged as a ~00-member congregation with a large, air-conditioned sanctuary cf exposed wooden b~ams and hanging cathedral lamps. Amid the ahanges, the congregation's Baptist beliefs have re~ained the same; and WHBPd~AS, The congregation will celebrate ~0O years of uninterrupted worship in Chesterfield County. This Church has provided numerous community services to the cltiz~ns of this County through soup kitehens~ day-ca~e and 'os%reach W~AS, History is abundant in Bethlehem Baptist Char=h. The congregation has direct ties to the first BaptistB Chesterfield. Before the baptistery was built in the old Church, m~bers were baptized in the fresh waters Chesterfield Cuunty including Gregory'~ Mill Pon~ sad %~ER~S, The Bethlehem Baptist Church congregation has served as the Mpthe~ ChUrch for six other churches including Central ~aptist Church, First African Baptist Church in Midlothian, First Baptist Church South Richmond on street, Lyndale Bapeise church on ~ull ~tre~t Road, winfree M~orial ~ap~ist Church and Bethel BaptLst Church. NOW, T~PO~ B~ IT ~SOLVED, th~% th~ Chesterfield County Boar~ c~ Supervisors invites all citizen~ of occasion o~ the Bicentennial of Bethleh~ Baptist Church. Vote: Unanimous Mr, Sullivan stated the resolution would be presented members of the Bethlehem Dap~ist Church at a later date. 7.C. ~CO~NIZING AUSUST 7~ 1990 AS "NATIONA/~ NISHT OUT" IN ~BTERFI~LD On motion of ~he Board, the following r~solut~on was sponsoring the Seventh Annual Edition of a special, coast-to- coast co--unity crime prevention even~ on Auks= 7, 1990 called "~ational Night Out" - ~erica's Night Out Aq~ins~ Crime; and W~E~S, Ch~nterfield County plays an essential role a~i~tlnq the Chesterfield County Police Department through i~ ~u~ortin9 the "Nakional Night Out" locally; and ~EREAS, It iu impurtant that all citizens in Chesterfield County b~ aware of %he importance of crime prevention progr~s and th~ pomitiv~ impact that their participation can have reducing crime and drug abuse in our neighborhoQd$; and WMt~M, "~a~ionat Migh~ 0u~" provides an opportunity for Chesterfield County to join together with %hou~and~ of other co,unities across the country in support of saf~ 90-548 7/25/90 WB~R~AS, Neighborhood awareness, spirit and cooperation are important themes of the "National Night Out" project and key components in helping the Chssterfiold County Pelics Department fight crime and drug abuse. County Board of Supervisors does hereby uall upon all citizens of Chezterfield COunty to join the Chesterfield County Police supporting and participating in the Seventh Annual "National 1990 az "National Night Out'~ in Chesterfield County. 7.D. SPONSORS OF TH~ 1990 FOURT~ OF ~UL¥ EXTRAVAGANZA On motion of the Board, the Board &ccspted a donation totaling $6,000 ($1,000 from Southern ~oalth services; $t,000 from Mr. Edward Wiltey, Jr.; $1,000 from Leggett of Che~turficld Towns Center; $1,000 King's Korner Catering; $I,~00 from Stoner Cable Communications; and $1~000 from Central Fidelity) to the Parks and Recreation Department as a contribution toward the 1990 Fourth of July Extravaganza and adopted %he following CQUnty with aspeoial e~ent; and W~E~AS, A fireworks display is a traditlonol part of Independenc~ Day; and WHEREAS, The financial contributions made by the~a individuals and corporations provided the veblc~e for hosting ~hi~ fireworks dizp!ay. NOW, THEREFORE BE IT RESOLVED~ that the Chesterfield ~salth Services, Edward Willey~ Jr.~ Leggett of Chesterfield Conm:unlcatlons and Central Fidelity for their generous donatlcn~ tower4 th~. 1~90 Fg~rth Qf.~ul~.~}~a~aganza. AND,' ~. IT. E.UR~H~R ~SD~.V~D, %haz the Boa~d of Supervisors does hereby express it~ appreciation and gratitude to these m~mbo~ of the corporate community 'for '%heir interest in and contributions toward the ~ality ~f life in Chesterfield County. Pr~ident of Southern ~ealth Services; Mr. EdwarO Willey, Jr. {not present)} sr. Russet1 Miller of Legqett of Chesterfield Towns Center; Mrs. Betty Eing of Ring's Korner Cat,ring; Mr. Buck Dopp of Stoner Cable Communications; and Mr. Phillip Hu~ of Central Fidelity (not present} ~ recognized Ms. Ka~hleen Johnson, Special Svent~ Coordinator fe~ the Park~ and R~creatlon Department staff; and expressed appreciation ~or the 90-549 7/25/90 corporate community's in~erest in and contribubion~ toward the quality ef life in Chesterfield County. MR. GI~FF~N 1~. BUI%TON~ SCHOOL BOARD REPR~SBNTATIVE FROM ~I~.~C~ on motion of the Board, the followin~ re~olutien wa~ adopted: WMEREAS, M:. Griffin R. Burton has served Chesterfield County citizens since 5986 as a member of the Chesterfield County School Board~ reprosent~ng Dale Magisterial Di~triet~ WHE~A$, Mr. Burton also assumed additional responsibilities as Vice Chairman of the Chesterfield County School Board, as a memDer of :he Ches~erfie!~ Board of Supervi~ore School Board Liaison Carmmittoe, az a member of the Virginia Department of Education Advisory Committee ~or the Education of the Gifted~ as Chairman of the Soath~ido RomiCh for the Virginia School Hoards Association and as a member of the Board of Directors for the Virginia School Boards WHEREAS, Mr. Mutton has also been active in his community, including serving as Diractor o~ the M=nduy School of Branch's Baptist Chnrch and a$ Vice President and Bransh Manager of Young Phillips Sales, Inc. NOW, T~ER~FORE B~ IT R~$OLVED, that the Chesterfield County ~oard of Supervisors wishes =o thank Mr. Griffin R. Burton for sharing his knowledge and skills with his fellow citizens as a m~er of the Chesterfield County School Board AND, ~E IT ~URTMER RESOLVED, that a follow~ be presented to Mr. Burton: IN APP~CIATION FOR MO~ T~N FOUR YEARS OF DEDICATED SERVICE TO CHEgTE~IELD C0~TY WHILE SERVING AS A SCHOOL BOARD REPRESENTATIVE FOR DALE ~GISTERIAL DISTRICT Mr. Dani~] ~taeed th~ ~xacutad' ra~olution would be presented Hr. Burton at a reception in his honor at a later date. Mr. Daniel ~xcused hims¢li from thc meeting. 9. BEF~I~%~D ~T~4E 9.A. PU~LICHKAI~ING TO CON$IDERTH~i%~-~LL~ ~I~%N, ANAMEND- ~ T~ T~E ~%RTERN AREA [AND USE AND TRANSPORTATION PLAN, AN~?.I~NTOF T~I~CHE~T~RFIBLDCO~[~I"XCO~RF~A~$IV~ IS$OES ~ITHIN T~U~ /~REA BOUNRED BY T~I~ JAMES RIVER.,. NOMT~ ~ON ~, BX EAST I~D~ F&%A~.., AND BY H I G[~6A¥ 295 Mr. Sale stated at its Junu 13, 1990 meeting the Beard deferred consideration of the proposed Meadowville Plan to ellow tim~ for staff to incorporat~ propo~od n~w language into the text of the proposed Plan which wa~ precipitated from additional discussion b~tween staff and concerne~ residents at previous meetings. Me briefly outlined said revisions and noted a modification to the proposed Plan addressing moderate industrial u~e which he stated was agreeable with area residents and was distributed to the Board. 90-550 7/25/90 Mr. Josoph Monroe, Mr. ~hris Milto~ and Mr. Oliver D. Rudy expressed appreciati6n for the efforts of all those involved in the preparation of the proposed Meadow~ille Plant voiced support for the proposed Plan and asked that it be adopted as submitted. There was no opposition present. Mr. Currln stated there had been a number of meetings among developers, County sta£i, area residents and himself regarding the proposed Meadow~ille Plan and he wished to express his appreciation and gratitude for the cooperation and hospitality of the many Deople involved in this endeavor who welcomed him into their homes and for the many hours of diligent efforts that they eepended in the development of this Plan. ~e noted the text of ~-~e Plan, including the addendum, before the Board 9or consideration ~ncluded the language that had been agreed upon by those concerned. Mr. Daniel returned to the meeting. On motion of Nr. Currin, seconded by Mr. Appleqate, the Board adopted the Meadowville Plan, an amendment tO %he Eastern Area Land U~e and Transportation Plan, an ~le~ent of the ~hesterfisld County Comprehensive ~l~n, which amendment specifically addresses land use and transportation issues within the ar~a bounded approximately by the James River, by North Enon Church Road, by East Hundred Road and by Inter~tate Highway 295, a~ nubmitted, with the following modification: Page 9~ paragraph 4, Moderate Industrial Use: This land use category pruvldss locations for manufacturing and other selected activities. Uses within tAis category shoald generally be buffered from existing or proposed re~identlal neighborhoods by light industrial, wetlan~ er natural foreste~ land u$~. 1-2 and some I-$ uses with special envirork~ental and design are consistent with thi~ land use category. Therefore, zoning for I-2 and I-3 uses should be submitted with Conditional Use Planned Devclopmunt whereby the use can be reviewed for high quality design details, . sensitivity to area residential uses and minimal environmental impaet~, of alt those involved in resolvin~ %heir concerns and bring this Plan.to fruition. On motion of Mr. Sulllva~, seconded by Mr. Appiegate, the Board appointed/reappointed %he following persons to serve on the Mr. Robe=t $. Leipertz, Jr. (reappointmant) 7-1-9Q/6-3~-93 ~r. William C. Faris~ Mr. A. W. Dunbar (reappointment) ~r. Michael W. Tart (reappointment) 8-1-90/7-31-93 Mr. G. Wa:ran Vaughan (reappoin~ment) Vote: Unanimous 90~551 7125190 ~ro May~ indicated h~ had received information from Ms. Jan~ W~isenfels r~qarding the comDlstion of a poll of Woodland Pond resident9 to dete~ina if a majority were in favor opposed to ~he installation of a stree~ light at Woodland P~nd Parkway and Beach Road. ~e sta~d h~ fsl% the info,erich On motion O~' ~r. May~u, second=~ by ~r. Daniel, the ~oard approved th~ installation of a street light at the intersection o~ Beach Roa~ and Woodland Pond Parkway. (It is no~e~ there no co~t associated with said installation.) 10. PU]3LIC ]]F,%P~INGS 10.A. TO CONSIDER A AXR.POR~ ~ AIR C~ESTEP~I~.~, rRC., WHICH L~ASE IS FOR 315 SQUAP~ F~T (+] OF SPACE IN xn~ TERMINAL BUILDING AND FOR 425 SQUARE i~EET (e) CONSISTING OF TWO 0~FICES ON THE SECO~DFLOOR OF THE~_INTENANCE HANGAR Mr. Micas stated this date and time had been udv=rtised for a public hearing to consider the lease of space at Chestmrfield County Airport to Air Chesterfield, Inc., for two officss on ~he ssoond f/ocr of the maintenance hangar. NO one came forward to speak in favor of or against the matter. When asked, Mr. Micas briefly explained the details of the negotiation process. On motion of Mr. Mares, s~oondsd by Mr. Daniel, the Board approved a lease agreement between the County of Chesterfield and Air Chesterfield, ~nc., for office, hangar and tie-down space at the Chesterfield County Airport~ which lease is for 31~ square feet (4) of office space in the terminal building and for 425 squar~ feet (!) consisting of two office on the second floor of the main%enanc~ hangar~ for a period of three years at a rate of $9,~00 total rent for the first ysar, with an e~cala~ion formula for ~ubsequen% years and authorized the County Ad~iuistratOr to ekecute t_he necessary dOcumen% for ~aid lease agreement. (A ocp~ of said Lease Agreement is filed with the papers of this Board.} Vote: Unani~oum 1D.~. JOI~'X PUBLIC H~4~g~I~G WIT~ x~ VIRGINIA DEPA~T~-~T o~ TRANS~0RTATION TO CONSIDER LM~RO~F]~4TS TO ?~ SECONDA~ SYSTEM IN tu~STEP~IELD COUNTY FOR FISCAL'"YF2%R 19~0-91 Mr. Sale stated this date and time had been advertised for a joint public hearing with she virginia Department of Transportation to consider improvements t~ th~ Secondary Sys~e~ in Che~terflald County ~or Fiscal Year 1990~9I. ~e note~ Mr. Dennis Morrison, Resident Engineer, was present. Mr. Roger Medlock, a r~sident of Millsid~ Subdivison, expressed concern ~nr a~itional access streets to ~illai~a Subdivision; that there are elderly reSidentS in the cO--unity who may need medical assistance and not he able to receive it ia sufficient time as the existing railroad track is a holding az~a for train traffic ~rav~ling north and seu~h; and suggested that ~ine Forest Drive be extended between properties of VDOT, IPK, et~,~ to connect with Woods ~dge Road near Allied-Signal Corp. te alleviate ~he problem. When ~ske~, Mr. MeCr~cken indicated he, Mr. Mayes and Mr. Medlock are scheduled to meet on July 25, 90-552 7/25/90 1990 to discus~ the matter. Mr. 'Sullivan also raised concern regarding ~he condition of ~edo Road and safe~y problems on that road and stated there were 'also many other ~xi~ting road improvements in the County that needed addressing but that the funding resources were limited and/or committed to other projects. ~r. MoCraoken indicated there are insufficient funds to include improvements to either of th~ge ~oads in the budget and that staff could provide printou~ information reqardin~ project li~ts and fundin~ foT Mr. Daniel later in the meeting. On motion of Mr. Applegate, ~econded by Mr. Sullivan, th~ Board adopted the following resolution: WRER~AS~ The Virginia Department of Transportation (VDOT) has submitted its proposed FY 1990-91 Secondary Road Improvement Budget to ~he County~ and WBEREAM~ The budget represents the implementation of the first yea: of VP0I's Six Year Improvement Plan adopted by the Board in June, 1990. NOW, THEREFORE BE %T RESOLVED, that the Chesterfield County soa~d of Supe:visore app:oves the FY 1990-~1 secondary Read Improvement Budge% a~ pre,anted by VDOT. Vote: Unanlm~us OF CB~ST~I~IELD, 1978, AS AMENDED, BY ~DD~S SECTION M~. Micas stated this date and time~d'~een advertlse~ for public hearing to consider an ordinance to amen~ the cod~ of the County of Cheaterfdeld I978~ as amended_relating'generally to the unlawful disposal of fish. ~e noted this ordinance was adopted on an emergenc~ basis at .the June 27, 1990 meeting and in order to comply with state law must be readopted at this time. ~r. ~itts, owner of B&B Sealood, voiced opposition to the proposed o~dinanne as h~ felt it was discriminatory to his husiness~ stated he felt the verbiag~ "fish" should be deleted from the ordinance; explalned the methods u~ed to control the ~eme problem as he does, particularly in summer weather, ~r. Applegate ~tated the ordinance was applicable ~c other bn$ines~a~ in the County beside~ Mr. Pitt'~ a~tablishme~t; that ~he ordinance was e mechanism by which to regulate complaints; that he was aware Mr. Pitts had made e concentrated effort to eliminate his problems, however, he had no= received any complaints on any other similar businee~e9 in the COtnty. Mr. Charles L~e, Mr. C. A. Glass ~nd Mr. Robert ~uthard, adjacent residents, voiced concern regarding the QdOXS emitted from ~r. Pitt's business; stated that it prevents the~ from utilizing their yards for recreational purposes; indlcate~ the problem has existed for ~everal years and that they hav~ had no assistance until now in alleviating the pro~Iem. ~r. Applegate stated it war net the intent of the ordinance tc single out any one paiticutar vendor and that perhaps +_he Health Depar~men~ could work with ~r. Pitts to regoIve the matter. On motion of Mr. Applegate, ~econd~d by Mr~ ~ulliv~n, the Boazd adopted the following ordinance: 90-~53 7/25/90 COUII'T~ OF CI~$'I~:RFI~I.,D, 1978, AS AMRNDED~ BY ADDING $lk-~ION 11-4.1 RRI.~TING (1} That chnpt~r 11 of the Code of th! Connly of Chest!r- Sec. 1t-4.1 Unlawful disposal of fish. ~ore or other re,ail or wholesal~ ~stablishm~n% ~o dispose of ba~ing such waste an~ s~oxin9 %he Dags in col~ $~o~age until placed i~ediahely in refuse vehicles. Suck placement shall review the matter further, OF T~u~CODE OF '£~u~COUNTYOF ~u~$TEI~FI~LD~ 1978 ~, BY~I~G SECTION !~..!r.~_..~T~G Kr. Mica= sta~e~ ~h~s ~at~ nn~ ~im~ ha~ ~een a~v~rti~ for a 9~btie hea~i~g to eon~i~er an ordinance the County o~.~.~r~i~l~, 1978, a~ ~nd~d, r~lating to motor No one c~e forward ~o speak in favor of or against the matter. On motion of Mr. Sullivan, zeconded by Mr. Mayes, the Board adopted the following ordinance: OF x~ ~DE OF x~ CO~ OF CHES~IE~ 1978~ BE IT 0~AIN~ by the ~oard of Supervisors of Chesterfield County that the Code of ~e County of am~n~, i$ ~nded by amending Section 14.1-1 as follows: sec. 14'.1-1. Adoption of StaLe law. Pursuant to the authority o~ ~ection 46.2-1~13 of the Code of Virginia, as ~andud, all of th= prevision and retirement of th= laws uf ~he Stats contained in Title 46.2 and Artiul~ 2 of Chapter 7 of Title lS.2 of the Code of Vir$inia; as in force on July 1, 1990, axcep~ =hum= proviaions and requirements violation of which cOnPtitute~ a fatony, and except those provi~ion~ and requirements which by ~heir very nature can have no application to or within the COUnty, a~e h~reby adopted and incorporated in this Chapter by reference and made applicable within the County. References Lo "highway~ of the Sta~e" contained in such provisi'ons and retirements hereby adopted shall be deemed to refer to th~ streets, highway~ and other public ways within the County. Such provisions and req~ire- men~a ar~ hereby adopted, mu~atis mukanflis, and made a part of 90-554 7/25/90 m it ~hall be ~nlawfut for any ~a~sCn~ within the County, to violate or fail, neglect or refuse %0 comply with any ~evision of Title 46.2 or Article 2 of Chapter 7 of Title 18.2 of the Coda of Virginia whick ia adopted Dy this Section; provided, that in no ~v~nt shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2 or Article ~ of Chapter 7 of Title 1~.2 ef the Code of Vir~inia~ Vote~ Unanimou~ 10.~. TO CON$iD~Ri~WO~DI~A~C~ TO A~4E~D ))C~IO) 20-63 0~ Mr. Mica~ ~tat~ ~his ~ata 4nd time had h~n advertie~ fey public hea~ing te eensider an ordinance tc amend ~he Code th~ CO~n~ Of Chesterfield 197~ e~ amended~ ~e~atin9 %0 required use of the County Wastewater System and he briefly explained tke Rrop~ed ~rdin~nce. Mr. David Warriner, representing Mr. Earl GatSis, explained the Utility Ordinance r~i~e~ a connection to the County wastswat~r syst~; noted a number of utility linss~ including a between Mr. Gattis' property and the wasSewa~er lin~; that will not allow Mr. Satt~s to open cut the highway and contrac- attempting t~ connect the subject site to th~ County's wasSe- that ~e Board adopt %h~ proposed ordinance which would grant a variance to the mandatory wa~tewater connection ordinance under alkernakivas; obtaining sewer connections from neighborin~ [he Co~n5y~ wastewa~er llne when ~OT open cut J~ffer~on Davi~ ~igbw~y~ be rewritten to require the applicant to connect to public sewer when available, physical inability of th~ applicant to comply with ordinance at this point in time under the existing circum- s=ances and th~ economicul financial burden o~ exp~nse on applican~ if he were %o c~ply; %h~ need ~o be consisken~ denied his ri~h% to d~v~lop due ~o %he requirements of the deferral to review/resolve the matter. Mr. Maye~ made a motion to defer ~e publio hearing to oon~id~ an ~endment to the Utility Ordlnanoa to change the to use the County wast~water system until $epte~er 26, 1990. There wa~ ~o second. Messrs. Currin and Daniel suggested a thirty (30) day deferral. Mr. Applegate stated he,concurred with ~r. Sullivan bu~.would have no probl~ with approval Of the request at thi~ 90-555 7/25/90 Mr. Mayas amended hie motion, seconded by Mr. Sullivan, tn defer the public hearing to consider an amendment tO the Utility Ordinance to change the requirement to usa the County waztewater system until August 22~ t990. Vote: Unanimous Mr. Denial stated he would like to have alternatives developed and review the structuring of thos~ alternatives. Mr. ~ica~ s~a~ed that could be incorporated ~nto ~he new draft ordinance. iD.F. TO CONSIDER A I~SOLUTION TO ~UT~OP~T~ TN~ COUNTY TO CON- TRACT A~XEBTAND I88DEWATERA~D SEWER REVENUEBOND$ IN OF SEWER II~PROVEM~NTP~O~ECTS IN T~]tCOUNT~ public hearing to consider a resolution to authorize ~he County to contract a debt and i~u% Water and sewer revenue bends in ~h~ principal amcunu of $10,766,800 to finance the costs of s~war improvement projects in th~ County, ~e noted the authorization to issus the bonds is needed at present due to the Utility Department's estimated ~ch~dule for letting ccntracts~ however, the Department will not actually bs selling the bonds until FY92 or later. No one cans forward to speak in favor of cr against th~ matter. Mr. Daniel suggested that the timing of the sale of the bonds be scheduled to meet the financing need~ for capital projects prior to a new Board taking office in 199~. On motion of Mr. ~ulllvan, secondsd by ~r. Daniel, ~he adopted the following ~e$olutien: $18,766,8~0 AGCd~GATE PItINCIPALaMOU~T OF WATER ANI) SEWER Iq~VENUEBONDS OF T~ COUNTY W~EBBA$, on July 24, 19~5, the Board of Supervisors (the "Board"} of the County of Chesterfield, Virginia "County") adopted a resolution, entitled "RESOLUTION OF THE T~ COUNTy OF CBEST~FI=LD, VIRGINIA AND PROVIDING FOR T~ SECURITY OF THE HOLDERS THEREOF" (such resolution as herein as the "Bond Resolution")~ and at this time :o authorize the issnance under the Bond Rev~ue ~onds {the "A~diticnal ~on~s") to pay the Costs of capital improvements to, or the renswal ~nd replacement of capital assets of, or installing n~w ~quipment for, th~ including the Costs of Construe=ion of administrative offices for County paisonnel acting in the management, edminiztra~ion Additional Bunds wes held by the Board on July 25, 1990, prior I1, 1990 and July 1~, 1990 in th~ Richmon~ Ngws Leader and Richmo~ Times Dispatch iD accordance with the requirements of Virginia, 19507 90-556 7/25/90 MOW, ShperVi~oro cf follow$~ the County of Chesterfield, Virginia, as ARTICI~ I clearly indicate some other moaning, all the wards and terms used in this Resolution which ar~ defined in Arti~l~ I o~ the Pond Resolution shall, for the 9urposes of this Aesolution, have the respective meanings given to them in the Bend Resolution. Unless the context shall clearly indicate s0mo other meaninq~ all the words and terms used in this Resolution which are definsd in Article I of the Bond Resolntion shall, for the p~po~s of this Resolution, have the respective m~anings given ~o thom in the Bond Re~olution. "Additional ~onds'~ shall means the Bonds authorized in Section 2~1 of this Resolution and ims:e~ under the Bond Resolution and this Resolution et any time "~on~ Resolution" shall mean the romolution adopted by the Board On July 24, 19S5, ~ntitl~d "R~SOLUTION OF T~ BOARD QF SUPerVISORS QF THE COUNTY OF CHESTEP~IBLD~ VIRGI~IA~ AUTHORIZING THE ISSUANCE O~ WATER AND S~W~K ~V~NU~ BO~D~ T~E COUNTY OF C~ESTERFIELD, VIRGINIA~ AND PROVIDING FOR THE SECURITY OF THE HOLDER~ T~R~¢?", es supplemented and amended from time to time. Unless the context shall clearly indicate otherwise or otherwise require (i) all references in this ~esolution to the Bond Resolution (without specifying in such references particular article or Se¢~iQn of ~_he Bond Resolution) shall ~ to the Bond Resolution as supplemented and amended; (ii) all referenc~ by number in thi~ Re~olu~ion to a particular article or section o~ the Bond Re~olution shall be to the article all r~ferem=~$ by n~er in this Resolution to a particular article or ~mmtion of this Resolution shall be only %o Whenever u~d in {hi~ ~emolution, the words "herein", words 0f similar impor~, refer to this Resolution only and to section or subdivision herbal; and ~e wcrd~ "therein", similar import, refer to the Bond Resolution ag a whole and to any pa~i~nlar article, section or ~ubdivlslon ~ereof. AUTHO~IMAT~ON OF ADDITIONAL BONDS SgCTIO~ 2.1. Authorization of Additional Bonds.. For the purposes of providing fun~s {i) for the ~eposit into tho Debt Service Reserve F~nd held by the Trustee of the amount of th~ D~ht Service Reserve ~equirem~nt £or tho Additional Bonds in accordance with the pre~i~ions of the Bond Resolution, and (ii} for deposit to the Construction Fmn~ held by the Treasurer for oredit to the COnstruction Account of a portion of th~ COstS O£ Construction of the expansions, extensions, additions and capital improvements to, or the renewal replacement of capital assets of, Or aha installing of new equipment fort tho system, including the Costs of C0ustructien of administrative offices for County personnel acting in the 90-557 7/25/90 System, there are hereby authorizsd to be issued, and shall be the County in the agqreqate principal amount of Ten Million ($10,766,800) to be des~ns%~d by subsequent resolution of this Board (un%i~ so designated herein defined and referre~ to as the "Additional BOnd~") . The authorization of the issuance of adop~i0n of a subsequent resolution of this Board specifying other details of the Additional Bonds. (b) The Additional Bnnds shall be dated as of such date as shall be provided by subssquent resolution of this Board; shall Be issued in fully req~tered form; shall be in the denomination o£ $5,000 or any inCegraI multiple thereof; determined by the Trustee, which number or letters ~o have the exchangeabl~ for oth~r Additional Be~ds in fully The Additional BOndS may contain ~uch variations, omissions and uumbers, denominations and forms. (c) The Additional Bonds sAall bear interest from such dates as shall be provided by subsequent resolution of and payable on such dates and in such years and in such annum as shall ~e ~rovidad by subsequent resolution of thi~ 7.~% and the amount o~ estimates interest charges that will be required to repay and retire the Additional Bonds is $10,356,000 ba~ed aden a term of 20 years and an a~umed ~che~ute of principal S~CTION 2.2. ~rovisions for Redemption of Additional ~onds. (a) The Additional Bonds shall be subject to (b) (i) Notice of the redemption of any Additional Bonds shall be given in accordance with the provisions of Section 6.5 of the Bond Resolution. (ii} If l~ss than all the Additional Bonds of a Bond Resolution. (iii) Any redemption o~ Additional bonds shall have Resolution. by subsequent resolution dC this Board. {a) The Additional sends shall be initially issued in ~orm in the denomination of $5,000 or any integral multipI~ thereof. The Additional Bonds shall be executed and authenticated in the manner and with the effect set forth in (b) CUSIP identification numbers shall b@ printed on the Ad~itlonal Bonds, but such numbers shall not be deemed to be a part of the Additional Bonds Or a part of ~he contrast evidenced thereby ~i~d no 'liaSility .s~all hereafter ~tach to the County or any of tee officers or agents thereof because of approved by subsequent resolution of this Board. SECTION 2.5. Application of Proceeds of Additional applied as provided by subsequent resolution of this Board. AP~TICLE III ~4I SCE/J~A~EOUS SECTION 3.1. Publication of Legal Notice of Adoption of this Resolution. The County Attorney is directed to file a copy of this R~moluhion, cerfifled by the Clerk of the Board to h~ a true and correct copy hereof, with the Circuit Court of the County o~ Chesterfield, Virginia, and such Clerk of the Board i~ antherized and directed to publish of adoption cf this Resolution in a newspaper of general circulation in the County, all in accordance with Section 15.1-199 of the Cods o~ Virago.ia,, 195~. such notice shall be in nub~tantially th~ following "LEGAL MO9ICE ~etice is hereby given pursuant to Section 15.1-19~ of the Code of Virginia, 1950, as amended, the~ the Board of ~upervi~ors of the County of Chesterfield, Virginia, adopted on J~ly 25, 1990 a Resolution authorizinq the issuance of $10,766,800 principal amount of Water and Sewer Revenue of such County~ for ~he purpose of providing funds to pay a per%ion of the costs of expansions, extensions, additions and capital improvements to, or the ~emewal and replacement of capital a~sets of, or ins~allinq new equipment for, the County's Water and Sewer System, such Bonds and all prior and subsequent series of bonds issued aa~ to be issued under the Bond Resolution pursuant to which such Bonds ars being issued, to be payable solely from, and secured equally and ratably by a lien and charge on, the Revenues derived from the operation suck Water and Sewer System by the County, nu~ject to the prior payment f~cm ~ueh Rev~nu~ of the Operating Expenses of Wa=er and Sewer system. COUNTY OF CHESTERFIELD, VIrGInIA Clerk of the Board o~ Supervisors" SECTION 3.~. Effect of Article and Section Eeadin~s and Table of Contents. The hea~ings or titles of articles and ~ction~ h~reof, and any table Of ~onten~s appended hereto or sopics hereof, shall be for convenience of reference only =nd effect of this Resolution. Resolution Shall be effective from ~and a~ter the adoption 7/25/90 11.A. A~%0~RIATION OF ~28~00.0, TO ~0~P~CT THE ~AInF. D SEPTIC Mr. Micas s~arized th~ request from Nr, ~4 ~rs. Wesley p~rchase their home for $200,000 in the ~$h~y Crov~ sion because ~h~ir septic system wa~ nOnfUnctional which Dis~ric~ in their neighbor~6od which wa~ also denied and which approval of an appropriation of $28,000 which expenditures w~ll b~ offset b~ a recovery of the co~t from the Seiverds, their indicate~ ~hat the County ha~ no ~inancial responsibility the $28,000. 0n motion of Mr, Applegate, seconded by Mr. Sullivan, ~e Boar~ appropriated $28,000 in zevenues {re~ursemmnt from th~ S~iv~rd$, their builder or a li~n on the property) expenditures to the ~ealth Department budget fo~ the repair the ~miled septic system on M=. and Mrs. Wesley seiverds' property located in Amhlmy ~cove S~division. Mr. Mayes stated i= was his position that in thc 1990'S that there should bm no septic systems authorized in Chegt~rfield County and in approving such systens the County does have a financial responsibility to its citiz~n~ wh~ %h~x~ ar~ proble~ls. 11.~. APPOINTMENTS ll.B.1. ~C~OND ~TROPOLITAN AUTHO]~IT~ BOARD OF DIRECTOP~ On motion o~ Mr. Applegate, seconded by Mr. Daniel, the Board suspended its rules to allow simul=an=ous nomination/ruappo~nt- ment of an at-large representative for the County to serve on fihs Richmond Metrupoli~n Authority Soard of Directors. Vote: U~animous on metion of Mr. Applegate, ~econded by ~r. Daniel, the ~oard simultaneously nominated/rsappoin~ed ~r. Reade F. Goods to serve at-large representing Chesterfleld County on th% Richmond Metropolitan Authority Board of Directors, whose term is effective iiimediately and will expir~ Jun~ 30~ 199~. Vote: Unanimous ll.B.2. APPOMATTOX BA.qlN INDUSTR.I~M~ Dtfe.~LOPMEI',IT CORPORATION On motion of Mr. Daniel~ seconded by Mr. Applegate, the Board suspended its rules to allow simultaneous nomlnatioa/reappoint- merit of representatives to serve on the Appomattox Basin Imdn~trial Development Corporation. on motion of Mr. Daniel~ seconded by Mr. Applegata, kha Board ~imuttaneously nominated/reappointed Mr. C. F. Coffin, Jr. ~overr~n~nt representative) to sarv~ on the App0mat~ox Basin Industrial Development Corpcratlon~ whose terms are effective October 1, ~990 and will expire S~ptember 30, 1991. lI.B.~. TNDUSTP~T~JuDRVE~OPM~NT~UT~ORTT¥ On motion of Mr. Daniel, su¢endod by ~x. Appl~gate, ~he Board suspended its rules to allow simultaneous nomination/reappoint- men= of a representative to serve o~ the Industrial D~ve!opment Authority representing th~ Dal~ Magisterial Di~t~iet. Vote: On ~etion cf Mr. Daniel, seconded by Mr. A~plegate, the Beard simultaneously nominated/reappointed Mr. J. Thoma~ Steger~ representing the Dale Magisterial District, to serve on the Industrial Development Authority, whose term is effective i~ediatel¥ aaa will expire June 30, 1994. ll.C.t. STATE ROAD ACC~PTANCR Thi~ day the County Environmental Engineer, in accordance with directie~ from this Board, made report in writing upon his e~a~ination of Ca~tle Rock Road in Rock Castte B~siness Clov~r Hill Distxlct. Open consideration whereof, and on motion of Mr. Daniel, seconded by Mr. Sulliva~ it is resolved that Castle Rock in Rock Ca~tle Business Park, Clover Kill Di$%ric~, be and hereby ie ebtablished as a p~lic road. AU~ be it further re~olv~d, that the Virginia DeDar~ent Secondary Sy~%~, Ca~tle Rock Road, beginning at the inter- section with ~ull St~e~ Road, U.S. ~ou~e ~40, and going south~rl~ 0.11 mile ~o end in a This request i$ inclnsive of th~ adjac=nt slope, sight distance and designated Virginia Department of Transportation drainage Thi~ road serves adjacent c~ercial And be it fur~r re~olved, that the Boar~ o~ Supervisors guarantees to the Virginia Depar~ent of Transportation a right-of-way for this road. 90-561 7/25/90 Rock Ca,tie Bus,ness Park recorded as follow~ Plat Book 4S, Page 99, Nov~n~b~r Vote: Unanimous ~his day the County Environmental Engineer, in accordance with directions from this Boardr mad~ report in writing upon his examination o~ Rock Harbour Road in Rook Ra~bourr Clover Hill District. Upon consideration whmreof, and Qn motion of M~. Daniel, seconded by Mr. Sullivan, it i~ reBolved that Rook 5arbour Road in Rock ~arbour, Ol0v~r ~ill District, ~e and it here~y is established a~ a pubtio road. And be it further resolved, the% the Virginia Dapartmant of ~ransportation, be and it hereby is requested to ~ake in~o the Secondary sy~tam, Rock Harbeur Road, beginning at the tion with Woodlak~ Village Ba~kway, Sta~e Route numbsr ~o be assigned, and going northwesterly 0.~2 mils to the intersmction with itself, then turning and going northerly 0.12 m~le, then turning and going westerly 0.07 mile, then turning and going southwesterly O.03 mile, then turning and going southerly 0.07 mile, th~n turning and going southeasterly 0.05 mile, then turning and going e=stexly 0.09 mile to end at the intersection with itsulf. Thi~ request is inclusive of the a~jacent slope, sight dlstanc~ and desiqna~ed Virginia D~partment of Transportation drainage ~nd be it further r~selved, that the Board of Sup~rvi~0~$ guarantees to the Virginia Oopartmont of Transportation a right-of-way for this road. Rock 5arbour is recorded as follows~ Plat Book 58, Page~ 85 & 8~, October 15, t987. vo~e: Unanimous This day the County Environmental Eng~ne~r~ in accordance with direction~ ~rom thi~ Board, made report in writing upon his ex~unination of Buck Rub Drive, Flag Tail Drive, Pensive Place, Flag Tail Way~ Whirlaway Drive~ Citet±o~ Drive, Triple Crown Drive, Whirlaway Court and Whirlaway Place in Triple Crown, Section 1, ~atoaca Diatriot. Upon consideration whereof, and on motion of Mr. Daniel, $~con~ed by Mr. SuI~ivan, it is resolved that ~uck Rub Driv~ Flag Tail D~ive, Pensive Place, Plug Tail Way, Whirlaway Drive, Citation Drive, Triple Crown Drive, Whirlaway Court and Whirlaway Place in Triple Crownr Section 1r Matc~c~ ~istriot~ be and =hey hereby are established as public roads. And b~ it further re~olved, that the Virginia Department of Transportation, be and it hereby is requested to take into ~econdary ~ystem, Buck Rub Drive, beginning at the intersecting with Spring Run Road, State Rout~ 6~2, and going northeasterly 0.25 mile to ~nd at th~ intersection with Fla~ Tall Drive; Flag Tail Drlve~ b~ginning at the intersection with Buck Rub Drive and going southeasterly 0.04 mile to the intersection with intergection with Flag Tail Way~ then continuing southeasterly 0.13 mil~ to the inter~ction with Whirlaway Drive, then turninq and going southerly 0.19 mile to the intersection with i i intersection with Triple Crown Drive~ then continuing southerly intersection with Flag Tail Drive and going northeasterly mile to end in a cul-de-sac; Plag Tail Way, beginning at the intersection with Flaq Tail Drive and going eouthwesterty 0.06 mile to end in a cul-de-sac: Whirlaway Drive, beginning at the intersection with Flaq Tail Drive and going southwesterly mile to tho intersection with Whirlaway Court, then continuing southwesterly 0.07 mile to the intersection with whirlaway Plaza, then turning and going southerly O.ll mite to the intersection with Triple Crown Drive, then going southerly 0.04 mile ~o end in a dead e~d; Citation Drive, beginning at the intersection with ~lag Tail nrive and going easterly 0.04 mile to end in a dead end; Triple Crown Drive, beginning at the intersection with Plag Tail Drive and going w~t~rly 0.13 to the intersectian with Whir'laway- Drive, then continninq westerl~ 0.0~ mil~ to ~nd at %he intersee~iou with North Spring Ru'n Road, State R0ut~ 622;' Whirlaway Ccurk~ beginning at the intersection with %¢hlrlaway Drive and going easterly 0.04 mile ko end in a cul-de-sac, and Whirtaway Pla~e~ beginning at the iuterse~tiou with Whlrlaway Drive au~ going easterly 0.0~ mile ko end in & cul-de-sac. Thi~ requesf is inclusive 0£ the adjacent slop~, ~ight distanc~ an~ designabed Virginia Department cf Transportation ~r~inage These roads serve 98 lots. And be it f~rther resolved~ that the Board cf Supervisors guarantees to the Virginia Department of Transportation a right-of-way fo~ all of these roads. Thi~ section of T~ipl~ Crown is recorded as follows: Section 1. Plat Book 58, Paqe~ 23 & 24, August 12, ~98~ .... Vote: Unanimous Thi~ day the County Environmental ~ngineer, in accordance with directions from this Board, made r~port in wrlti~g upon his ex~mlnat~on of Lady Marian Lane, Lady Marian Court, Niebolafi Trace Court an~ Prince Brian'~ Cour~ in Queenspark, Sections D and G, Midlothian Distrlc~. Upon consideration whereof, and on motion Of Mr. Daniel, seconde~ by Mr. $u~livan, it is resolved bhah Lady Marian Lane, Lady Marian Co~rt~ Nicholas Trace Court and Prince Brian's Court in Queenspark, Sections D and ~, MidIo%hian District, he and it hereby is established as public ronda. And be it further re~olved, kha% the Virgini~ Department of Secondary Systemr Lady ~arian Lane, beginning a~ existing ~ady ~arian Lane, State Route 405~, and going northw~s'~erly Q.05 mile to the intersection with Nicholas Trace Court, then continuing northwesterly 0,11 milo to the intersection with Lady Marian Court, then continuin~ northwesterly ~.O7 mile to end in ~ 'cul-de-sac; Lady Rarian C.o=rt, beginning at the intersection with Lady ha~i~% Lane and going northerly 0.27 mile ko end in a cul=de~sac; Nisholae Trace Court, beginning at the intera~ction with Lady Marian Lane and going southwesterly 0.13 mile to end in a cul-de-sac; and Prince Brian's Court, beginning at e~isting Prince Brian's Court, State Route 4084, and q0~ng westerly 0.0~ mile to end in a cul-de-sac. This requeet is inclusive of the adjacent slope~ ~ight distance and designated Virginia Department o~ Transportation drainage easements. 90-563 7/25/~0 And be it further resolved, that ~%e SQar~ of Supervisors guarantees to the Virginia Departmen~ of Transportation a 50' right-of-way for th~se roads. Section D. Plat ~k 62, ~ag~ 79, september $0, 1~8~. Section G. Plat Book 56~ Pug= 56, Muy 23, 1989. 11.C.2. REPER TO PLA~91~ 11.C.Z.a. AN O~DI~CE ~LATING G~I~ERALLY TO T~Z PROC~D~I~E FOR D~SIGNATING AN ~ISTOI~IC DISTRICT fer designating an historic district; discussion with Commission and requested the issue be deferred for thirty {30) On motion of Mr. Daniel~ mecond~d by Mr~ gnlllvan, th~ Board d~ferred to August 22, 1990, at 9;0~ a.m., consideration of recommendation an ordinance relating generally to the procedure for ~e$igD~t£ng an historic districu so that the issue could be discussed with the P~ese~vatio~ Co~itteu. Vote: Unanimous 11.C.2.h. ~ ORb'T~°a'~m~:.~ I~LATI~G TO B~L~BOARD R~GULATION$ There were concerns axpresse~ regarding the suggested routes for consideration; restrictions on the construction of new billbeards along major public corridors ~f high visual quality County-wide versus certain corridors; a r~view of the status of the s~ggested routes and adjustments, i~ necessary, of those routes; strengthening th~ ordinance; etc, On motion of ~r. Daniel, seconded by Mr. Sullivan, the Board referred to the Planning Commission instructions to prepare for review and r~commendation an ordinane~ r~lating to billboard regulations and instructed staff to review the issue and bring emergency action addressing the strengthening of existing billboard regulations= review and adjustment, if necessary, restrictions of construction of new billboards along major public corridors of high visual quaZity es wall as other concerns that may need to be addressed at thim time. authorized the expenditure of $118~800 for the purchase of capit~l equipment ior comple~ion o~ ~e renovation therefore, bond ~unds will be used to purchase capital equipment funded in th~ 1991 operating budget and available operating fund~ will be transferred to the volunteer~.) N N ll.C.~. ~E? P~LIC t].C.4.a. TO CON.qlDFA~ DONATION OF LAND TO FORE.qT VIEW O~ motion of Mr. Daniel, seconded by Xr. Sullivan, the Board set th~ date of August 22, 1990, at 9:00 a.m., for a public hearing to consider %he donation cf lan~ to thc Forest View Volunteer R~scue S~ad. Vot~: Unanimous 11.C.4.b. TO C~SIDER KXCK~NGE OF LARD P~LE FOR ~UGUE~OT On motion of M~. Daniel, seconded by Mr. Sullivan, the Board set the date ef~AU~u~t ~2, "~990'~ at' 9~0'0 -a.m.;" fe~- a ~ublio hearing ~o consider the exchange 6f land parcels, for Huguenot Park. 11.c.4.c. TO CONSID~R ~ID~T~S FOR D~LR ~T~TRICT REPRRSE~TA- TIrE TO SCHOOL BOARD Mr. Daniel state~ he anticipated nomination of a candidate at =he regularly scheduled September 12, 19~ Board meeting but the advertisement provided the option for appointment et anytime after the pnbllc hearing was closed. On motion of ~r. Daniel, seconded by ~r. Sullivan, the B~ard ~et ~he date of August 21, 1990, at 7:80 p.m., for e public hearing at L. C. Bird High School to consider candidates for nomination as the Dale Magisterial District representativ~ to the School Board to ~ulfill the unexpired term of ~r. Griffin R. Burton. ll.C.4.d. TO CONSIDER O~Di~ANC~ ~J~LATING TO x~ LIBRARY TAX COLLECTED ON CIVtL~CTTON~ On motion of Mr. Daniel, ~econded by Mr. Sullivan, the Board ~et the date of September 26, 1990, at 9:00 a.m., for a public library tax collected ou Tivil a=tlon~. Vo~e: Unanimous 11.C.5. APFt~Ov~ ~ RATIFICATION OF CONTINUATION OF ANN~AL 0u motion of Mr. Daniel, seconded by Mr. Sullivan, the Board approved and ratifie~ ~he ¢ontinua~ion of the terms, conditions and provision of ~h~ annual ~ontract t0 ~har0n Brook~ and A~euciates for advertising, marketing and m~dia consultation for the ~conomic D%velopment Department for the period of July 1, 1990 through June 30, 1991, with said contract not to exceed $130,000 and authorized the County Administrator to take whatever ac=ion neeeseery for =he continuation of =he.terms, conditions and provi~ien~ of ~aid contract. Vote: Unanimous 90~565 7/25/90 0n motion of Mr. Daniel, ~ecou~ by Mr. Sullivan, the Board approvad =he purchase o~ a 5.5 + acre p~rc~l of land adjacent to %he Che~ter Lan~fil~ ~t ~ ~rice of $11,000 plus $3,000 9ayment for t~ber on the ~ite from Mr. and Mr. Robert R. C~den and au~horlze~ the Chai~an of =h~ ~oard and ~e county of said parcel. (A copy of sai~ pla= is ~iled with the papers of this Board.) I~NT OF ~R. JO~N ~OGBILL TO T~ PERBONREL APPKALS ~OARD ~%ND P~l%E~NTATION OF C~IKN~S DY ~CGUIi~, WOODS, ~ATTL~ On motion of Mr, bani,I, seconded by Mr. Sullivan, the board hereby acknowledges that McGu~rer Woods, Battle and Boothe r~pr~sent clients in matters adverse to the County and b~lieve~ that it is appropriate for the Board to consent to said firm's representation of cli~nt~ adverse %o %he COUDty while ~r. John Coghill, an attorney with same, serves on the Permonnel Appeals Board. Vote: Unanimou~ .1~..C.8. T]~%FFIC 8IG[~L STUD~ FOR INTEP,~ECTION OF ~f)UT~ 10 ~ I~R ST~T On motion cf Mr. Danlel, secended by ~r. Sullivan, the ~oard adopted the following rssolntion: W~EREA~, The Chesterfield County Board of Supervisors has received requests from citizens to install a traffic signal at Route I8 and Lee Street (Route 1506). NOW, THEP~FORE BE IT RESOLVBD, %hat the Virginia Department of Transportation is requested to perform a traffic signal s%udy at thi~ intersection and install a ~ignal i~ warrantsd. I1.C.9. CONT~ACT AWARD FOR LOl~I ROAD WTDENTNG PROJECT On mutien u~ ~r. Daniel, seconded by ~r. Sullivan, the Board awarded a construction contract to Tnt~rs%ate Construction Corp0~a~ion fur the Lori Read widenin~ ~rojec=; authorized staff to take all steps necessary to complete said project; and nuthorize~ the County A~inis=rater to e~ecute all necessary documents for said contract. {It is noted funding for this project will come $tOO,G00 appropriatsd in tbs F¥90 0peratin~ Capital Improvement Projects~ and the balance Of $~2~000 will be transferred ~rom the County Complex Road Design Funds appropriated in FYS0.I Vote: Unanimous 11.C.10. A~ OPARCHIT~CTuRAL/~GINEE~ING ~ESI[~ CONTRACT FOR Mr. Mayas questioned why funding for both libraries was combined, etc. Mr. Ramsay noted it was more economically feasible to con~ine %h~ projects~ deal with only one contractor and obtain a better product. On motion of Mr. Daniel, seconded by Mr. Sullivan, the Board awarded an architectural/engineering design contract for the Mateaca West and Enon libraries to Williams Tezewell and Associat~g in an a~eunt not to exceed $240,000 for both libraries and authorize4 the County AdministratOr to execute libraries wer~ ~uthorized by the 1988 Send Referendum and will b~ approximately 4,000 sqnare feet for ~non and 12,500 ~quar~ feet ~or ll.C.11. P~EQUEST FOR ~%NGO/RAFFL~, PBN~T~ 0~ motion of ~r. Daniel, ~econded by ~r. Sullivan, the Board approved a request for a ~affl~ permiB for the Chester Youth Sports Boosters for calendar year 1990. 11~C.12. AP~TCAT%O~ ~Og VIRGINIA INDOOR PLL~4BIN~ PRO~RAR FUNDS On motion o£ Mr. Daniel, ascended by Mr. Snlli~a~, the Bmard authorized the COunty Administrator to submit an application to ~he Virginia D~partment of Housing and Cormuunity Development for Virginia Indoor Plumbing Program Funds for np ~o $250,000 to administer said program for the period o~ July 1, 1990 through J~ne 30, ~991, which fendin~, ~f approved, would allow the County to appropriate said funds and offer eligible familie~ loans and/or gran%~ for the installation of plumbing facilities in homes which have no indoor plumbin~ er in hom~ whioh have an exishinq ~ygtem which is failing. Vote~ Unanimous ll.C.13.a, ~ ~T~ BUS~SS P~ . On motion of Mr. Dani~l~ ~econded by Mr. Sullivmn, %he Board Mana~emmnt Agreement with ~k~ developer .of R~ck Ca~tle ~ark, with th~ County'~ only involv~men~ being to assure that the maintenance agreement is being followed by the owner. is noted a cody of ~aid Agreement i$ filed with the papers of this Board.) Vote: Unanimous ll.C.13.h, ~O~ONW]~ALT~ C~NTER On motion of Mr. ~aniel, ~e¢ond%d by ~r. Sullivan, the BOard a~theri%ed the County A~m%nistr&to~ to e~ecute a Storm Managemen~ A~reement with the d~velop~r ef Common~ea%th Center, with ~h~ C~unty'~ only involvement being to a~re that the maintenance agrssment is being followed by the owner, fit is noted a copy of ~aid Agreement is filed with the papers of this Boar~.) 90-5~7 7/25/~0 11.C,13.¢. ~I-¢~I'S ~EXIfANR~STA~ On motion of Mr. Daniel, ~eco~do~ by ~r. sullivan, the Board authorized the County Administrator to execute a Storm Wate~ Management Agreement with tho developer of Chi-Chi's ~exican Restaurant, wi~h tbs County's only involvement being to assure that the maintenance agreement is being followed hy :he owner. (It is noted a copy Of ~eid A~reemen~ is filed with tko papers of thi~ Board.) vo~e; Unanimous ll.C.13.d. W~ FOL~S NURSERY On ~otion of Mr. Daniel, seconded by Mr. Sullivan, the ~oard authorized the County Administrator to execute a Stor~ Water Management Agreement with the developer of Wee Folks Nursery, with the County's only involvement being to assure ~hat the maintenancs agreement is ~eing followed by the owner. ~It is noted a copy of ~eid Agreement is filed with the paper~ of this Board.) Vote: Unanimoum Mr. Curr±n excnsed himself from the meeting. 11.~, O0~ITXD~V~LOP~ENT XTEM~ On mo~ion of Mr. Applegate, seconded ~y Mr. Daniel, the Board approved the cost for the installation of ~treet light~ at the following locations: t. Intersection of Dakins Road and Hybla Road~ with fund~ in the amount of $667.00 to be expended from the Clover ~i!l District Street L£~ht F~nd~ and 2. Intersection of Lucks Lane and Walton Bluff Parkway, with funds in the amount of $2,254.00 to be expended from th= Midtothian District ~trset Light F~nd. Ayes: Mr. Sullivan, Mr. Appl~gate~ Mr. Daniel and Mr. ~ayes. On motion of Mr. Daniel, seconded by ~r. Applegate, the Board approved obtaining oo~t e~ti~ates for the installation of a strest light at the following locatlons= 1. Upqrad~ 3300 lumen mercury v~poz light on polo %~H22 a% 5524 Kay Road to 8000 lu~n ~odium vapor; 2. Take private street light on pole ~VK95 at 3510 Monza erlvo into tho County Street ~ighC Program; and 3. ~ou~h Jessup Road between Eackney Road and Hallmark Drive, Ayes= Mr, Sullfvan, Mr. Apploga~, Mr. Daniel and Mr. MayaS, Absent: Mr. C~rrin. Mr. Daniel referenced a letter he received from ~r. Charles side of ~opkins Road and requested that said mattsr be placed on the ~oard's agenda for consideration at the A~gu~= 22~ 199Q meeting. ll.D.3. S~IIEE~NaI~ CHANG~ On metion of Mr. Daniel, seconded by Mr. Mayes, the Board directed ~teff to proceed wi~h contactin~ residents along the previously used Courthouse Road. from Route 10 north approximately t~500 feet to determine an appropriate name for the renaming ef that portion ef the read. (It is no,ed a cepy of said map is filed with the papers of thi~ Board.) Vote: Unanimous ll.M. ~TILITIE$ DEPARTMENT ll.E.1. PUBLIC NEA~INGS ll.E.l.a. TOCONSIDKRANOt~DII~%NCE TO VACATEAPORTION OF A 16 FOOT SANITAIIY SEWER EASEMENT IN SYCAMORE I{IDGE SUB- DIVISION, PHASR II Mr. Sale st&ted this date amd time had been advertised fox a public hearing ko consider an ordinance =o vacate e portion of a 16 foot sanitary sewer easement in Sycamore Ridge subdivision, Phase II. No one cmne forward to speak in favor of or against the matter. 0n motion of Mr. Applegate. seconded by ~r. ~ullivan, ~he Soard adopted the following ordinance: AN ORDINANCE whereby the COUN~Y OF CSESTERFIRLD, VIRGINIA, {"GRANTOR") vacates to PULTE HOME CORPORA~ZON {"GRA2~TRE") a portion of a 167 sewer ~as~ment across Lot 5, Sycar~ore Ridge, Phase II, Clo~er Hill District, Chesterfield County, Virginia, a~ shown on a plat thereof ~uly recorded in the Clerk's Office of the Circuit Court of chesterfield County in Plat Book 61, Page 72. W~REAS, Pelts Home Corporation has petitioned the Board of supervisors of Chesterfield County, Virginia to vaoate a pcrtieD o~ a ~6~ s~w~r eusernent across Lot 5, Sycnmor~ Ridge, Pha~e II, Clover Hill District, Chesterfield County, Virqinla more particularly ~hown on a plat o~ re~or~ in the Clgrk'~ O~ice of the Circuit Court of .~aid ~ounty in Plat ~ook ~ Page 72, made by Jordan Con~ul~ing ~ngineers, d~ted March 30, across Lo% 5, Sycamore Ridg=~ Phaue II, the location of which is mo~e fully shown on a plat muds by Dewberry and Davis, dated May 24, 19~0, a copy of which is attached hereto and made a par~ of.this 0rdinanc~. 15.1-43I of th~ Code of Virqinia~ 1950, a~ amended, by advertising; an~ W~E~AS, no D~blic necessity exists for the continuance of the portion of the easement sought to be ~acated. 90-569 7/25/90 NOW THEREFORE~ BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFI~SD COUN~Y~ That pursuanL to Seotlon 15.1-482(b) of the Code of Virpinia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. Thi~ Ordinance shall be in full force ~nd effect in accordanoe with Section 15.1-482(b) of the Code cf together wit/~ the plat attached hereto shall De recorded no soone~ than thirty days hereaXter in th~ ~lerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 1~.1-485 0£ the Code of Virginia, 1950, as amended. The effect of this 0r~inanse pursuant to section 15.1-483 is to destroy the forc~ and effect of the recording of the portion cf the plat vacated. This Ordinance shall vest fee ~i~ple title of the portion of %ho easement kereby vacated in the DroDarty owner of the lot within Sycamore Ridge, Phase II free and ~lQar of any rights of public use. Aeeo~dingly, this Ordinance shall be indexed in the names of the COUt~TY OF C~ESTERFIBLD, as grantor, and PULTE BONE CO~OR~TION, ox their successors in title, aa grantee. Vote: Unanimoue ll.E.l.b. T~ CON$IDER AN O~i)INANCE TO~G~CATE A PORTION OF A~ public hearing ~o consider an ordinance to vacat~ a portion of an alley ia Block G, Village cf ~nsley 0n motion of MT. C~rrin, seconded by Mr. Apptegate, =he Board adopted the following ordinanc~ AN 0RDIN~C~ whereby the COUKTY OF C~ESTERFIELD~ VIRGINIA, vacates ~o JOSEP~ Q. POWER and PAULINE B. PO~R, {husband and wife), and JUDY ~N SNELLINGS a portion of a 12 foot alley in slack G, within village of Subdivision, B=~uda Magisturial District, cheDterfield County, Virginia, as shown on a plat ~ereof duly recorded in the Cl=rk's of the Circuit Court of Ches~erfleld County in ~lat Book 3~ at Page 95. WHE~AS, JOSeph Q. P~wer and Pauline B. Power, (h~sband and wife), and Judy Ann Snelling$, peti=ioned the Board of Supervisors of Chesterfield county~ Virginia to vacate a portion of ~ 1~ foo~ ~lley in S!ock Q, within village Bensley Subdivision; Bermuda Magisterial District, Chesterfield Coun~y~ Virginia more particularly shown on a plat of record the Clark's Offlcu of ~he Circuit Court of said County in Plat Book 3, Page 95, made by W. W. LaPr~de a Bras., Civil Engineer~ & surveyor~, dated Nove~r 24~ 1920, and ~vi~d July 2, 1921. The portion cf alley petitioned to be vacate4 is more fully within Village of ~ensley Subdivision, the location of which is more fully Department, Chest~rffel~ County, Virginia, m m attached hereto and made a par[ of this ordinance. WHEP~A$~ notice has been given purenant to Section 15.1-4~1 of th~ Cod~ of Vi~ginla, 19~0, as amended, by advertising; and the portion of the 12 foot alley s0ugh~ to be vacated. OF CHESTERPIELD COUNTY, VIRGINIA: That pursuant to Section I5.1-482(b) of the C©~e of ~, l~o, as amended~ the a~oresai~ portion o~ th~ I2 foot all~y he and i~ hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-48~(b) of the Cede o~ Virginia, 1958, as amended, and a certified copy of this Ordinance, t0~ether with the plat attached heEeto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of circuit Court o~ Chezterfleld, Virginia pursnant to Section 1~.1-455 o~ the Ced~ of Vizglni~, 1950, ms ~msnded. The effect of this Ordinance pursuant %0 Eec%ion 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portion of the alley hereby vacated in the property owners of the abutting lots ~ithin Village of Benslsy Subdivision, free and clea~ Of any rights of public use. Accordingly, this Ordinance shall be indexed in ~]e names of the County of Chesterfield, as qrantor, and Joseph Q. Power and Pauline ~. POWer, (h~$band and wife)~ and Judy Ann Mr. Daniel excused himself from the meeting. 11.E.1.¢. TO CONSID~RAN O~DINANV_E TO VACATE A PORTTON OF Mr. Sale stated this date and time had been advertised for e public bearimg to consider an ordinance to vacate a portion of McRae Road (unimproved) in Ben Air Subdivision. No one came forward to speak in favor of or against the matter~ On motion of Mr. $~llivau~ ~econded by Mr. Appl~gatel the Board ~dopte~ the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, UIRQINIA, (~GRANTOR~') va~ate~ to J0~N ~ ~LLIS~ II~ ~nd ALOIS A. ELLIS, (husband and wife)~ a~4 ~LOISE R. RESIN~R, ("G~A~TEE"}, a portion of a 50' Road known as ~cRae Road, in ~en Air Subdivision, Midlothi~n .District, Chesterfield, Virginia, as shown on a pla~ T_hereof duly recorded in th~ Ct~rk'~ Office of T_he Circuit Cour~ of chesterfield County in Plat Rook 3, Page 51. Supervisors of Chas<erfield County, Virginia to vacate a 90-571 7/25/90 portion of a 50* Read known as MoRse Road in BOm Air Subdivision, Mi~lothian District, Chesterfield County, Virginia more particularly shown on a plat of record in the Cl~rk's Offi¢~ of the Circuit Court of said Connty in Plat Peck 3~ P&qe 51, ma~e by Berkeley & Schmidt, dated January 1912. The portion of road petitioned to be vacated is more fully described as follows: A portion of u 50' Road known as Me~ae Road which is located between Lots 6A - leA, Block G, and Lots 16A - 20, ~leek ~, in Ben Air Subdivision, the location of which is more fully shown, ena plat by The Utilities D~partmentt Chest~rlield County, Virginia, dated July 20, 1990, & copy of which is attached. WHEREAS, notice has been given pursuan~ to Section 15.1-431 of the Code of Virginia, 1950, a~ amended, by a~v~rtising; and WH~R~AS~ no public neuesaity exi~t~ fur the continuance of the portion of road sought to be vacated. NOW THER/~FOP~ BE IT OP~AINED BI TBE BOARD OF SUPERVISORS OF CHESTEI%FI~LD COUNTY~ VIRGINIA: %ha~ pursuant to Section 15.1-4~2(~ e~ the Code ViTginia, 195D, as amended, ~he aforesaid portion of road be and is hereby veda=ed. This Or4inance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, and a certified ropy of this ordinance, together with the plat attached hereto shall be recorded ne ~eener than thirty days hereafte~ in the Clerk's Office of the Circuit Court of Chesterfield County, virgini~ pursuant section 15.1-485 of the Code of Virginia, 1950, au amended. The e~fect of this Ordinance pursuant to Section 15.1-483 ig to d~gtroy the force and effect of the reeordin~ of the portion of the plat vacated. This Ordinance shall vest simple title to the centerline of the portion of road hereby v~oated in the owners of the abutting lot~ within th~ Ben Air Subdivision, free and clear of any rlgh~s of public use. Accordingly, this ordinance shall he indexed in the names of the County of Chesterfield, as grantor, and John W, Bllis, I%I and Aloi$ A, Ellis, (husband an~ wife]~ and ~loise R. Runner, or their successors in title, ~ grantee. Ayes: Mr. Currin, Mr. ~ulllv,n, Mr. Applegate and Mr. Mayes. 11.E.2. A~D{ OR PEi~MI~ZION TO X~$~ALLI~ENCE ON PORTION OF M~. Sale briefly explained the reques~ fr~ Mr. A. W. Baker and neighbors tha~ a portion of an existing fence on ~. ~oek ~prin9 Drive bs r~meved to allow pedestrian use of the right-of-way f~Om ROCk Spring Dxive tO Jessup Road. He noted one citizen o~ Jessup Read opposed the request because of possible noise, t~ash and ~andalism. It was noted that Mr. Daniel, in whose District the subject request wus located, was absent and it was g~nerally agreed to de,er the matter until later in the meeting. 90-572 7/25/9~ m Mr. Currin disclosed to the ~eard that he owns part of the ~ubjec% property inv01~e~ in ~tem ll.E.3.a., Approval of Utilities Contract for Rivers Bend Boulevard - Route 10 tc Meadowvi!le Road, and Item ll.E.3.b., Acceptance of Deed of education from Oliver D. Rudy, Trustee for a 8.187 Acre Parcel and an Ingre~G Easement for a P~D station No~th Of Rivers Bend, Sectiom 6; d~clared a conflict of inter,st pUrSDanf tO the Virginia Comprehensive Conflict of Interest Act and excused himseli from the meeting. ll.g.3. )~ISC~LLAN~OUS I~S 11.E.3.a. APPROVAL OF ~TILITI~S CONTRACT BOlm.~J3J:, - ROu'£~ 10 TOM F. ADOW~iLr.~Ik~OAD On motion of ~r. ~ppl~g~te, ~condeC by ~r. Mayer, the Boa~d approved the ~cllowing utilities contract and authorized ~he Contractor: Castle Equipment Corporation Contract ~ount: Bs%imated Total - $I6~,046.75 Total Estimated County Co~t: Water (Additlonal Work) - $ 12,S~7.03 (Cash R~fund) (Additional Work) 5H-57240-~98200~ Ayes: Mr. Sullivan, Mr. App/egate and Mr. Mayas. ~bs~n~: ~r. Curri~ =nd ~r. Daniel. TIIU$'x~ EOR A 0.1S7 AC~ PARCEL A~D AN INGRESS AND , ~ND, S~ION 6 On motion of Mr. Ap~leg~te, seconded by'~r'. Applegete, seconded by Mr. Mayas, the Board accepted on behalf of the County the conveyance cf a 0.187 acre parcel and a 26' variable width ingress and egress easement for a pump station perth of Rivers Bend, Section 6 and authorized the County Administrator to execute th~ necessary de~d of dedication. (A copy of said plat is filed with the papers cf thi~ Bcard.l Aye~ Mr, Sullivan, Mr. Applegate and ~r. ~ayas. Absent: Mr, Currln and Mr. Daniel. OPERATE A P~/~AT~ ~E~AGE PI1MP/NG STATION ACROSS On motio~ o~ ~r. Curri~, seconded by ~r. Mayas, ~he Board approved the request from developers of Queenspark to COnstruct and'operate a private sewage pumping station across the Orgain property to extend sewer ~ervice tO ~ portion of the development, subject to the following conditions and authorized the County Administrator to ex,cute any n~c~ssary documents: 1+ The pu~ping ~tation be approved by the State H~alth Department. 90-573 7/25/90 Ail necessary zoning/subdivision approval~ a~e obtained. A Dond furnished to the County in the esbimated amount of the cost of constructing the gravity sewer to re~iev~ tbs pump station. 5. Furnish =he county a copy of an agreement between the developer and a contractor satisfactory %o th~ County for operation and maintenance of the pumping station. Furnish a bond in an amount acceptable to the Utility Departmen~ to guarant~ proper operation and main~enanus Vote: Unanimous tI.E.4.b. R~Q1]1~ST FRDM LANI3 "O" ~INES CIVIC ASSOCIATION FOR ~I~lSSIOR TO INSTALL BAll~ICADES IN AN EKISTING 50 FOO~NIMPRO~DRI~HT-OF-W2%¥ ON MANATEE ROAD On motion of Mr. Currin, ~e¢Ond~ by Mr. Mayas, the Board approved a request from ~r. ~orris F. Garrieon~ on b~half of L~nd 'O" Pines Civic Association, for permission to install barricades within an existing 50' unimproved County right-of-way to prevent vehicular traffic from Tuskwillow Drive to O~Slsquia Drive, subject to the e×ecutien of a license aqreement and with a 1S foot opening b~ing maintained in th~ barricade on the east end of ~anatee Road to allow County ll+E.4.c. Ai~I:']~OVA3[. OF CO]~gF,~,~ATIO~ SZ{ FOR Ii FLOOD ~ASE- MEllTACROSS ~ROPERTYOF~. A~DFmS. C. AIZL'~'ON A. P~ ~ ~F~PRMTI~ OF F~S apDrov~d a condemaatlun se==l~ent in ~he ~ount of M~. RenzaI M. Palmerr Tax Map 11S~15(1)6 and appropriated additional Sunfl~ in =he ~ount of $3~522.I7 a~ part o~ settlement {$B,05~.~ in project ~unds and ~905.00 on deposit with the court) for the total ~0un~ of $I2,500. (A copy said plat is ~iled with the pap~rn cf this Board.) noted ~at $3,5~2 will be appropriated from the Board Contingency Account for this project.) Vute~ Un~nlmou~ ALONG %site ~AI~-~ ILI~ER FOR ~RV~Yi~G AllD ~GIII~E~-I~G OF '£~:~ JA~4ES I~IVER T~UNK SYST~I On ~otion of Mr. Currin, seconded by Xr. Mayas, the Board approved a request from Mr. Robert Q. POOp, P.E.~ of J. K0 Tiramon~ ~nd A~sociates, P+C.~ ~o~ p~rmi$$ion tO obtain the right for surveyors and engineers to access the following properki~ along the James River ~o design the Jam~s River Trunk System and authorized the County Attorney to take ~he the surveyors and engineers to obtain th~ information needed for the design of the James River Trunk System~ 90-574 ?/2S/90 Sue $. and Charles 10710 Cheroke~ Road Eichmond, VA 23235 Parcel Anne T. and Paul M. Specter Midlothian~ VA 23113 Parcel 003-06-02-0A-00B~010 003-06-02-0A-OOB-006 Huguenot Hundred Community Association c/o ~ichael L. Meacham 10S20 Cherokee Road Midlothian, VA 23113 Helen Cox Bryce 5406 New K~nt Road Richmond, VA 23225 Vote: Unanimous Parcel No.: 003-06-01-~0-000-003 Parcel Nc.: 001-00-01-00-000-003 AN~HIG~ SCHOOLS Mr. Appleqate expressed concern .regarding the installation of proximity of sai~ schools. Mr. Sale stated the installation of underground cables was more expensive. On motion of Mr. Currin, seconded by Mr. Mays~, the Board authorized the ChaixT~an of the Board and the County kdminietrat~r to execute an easemcn~ agreement between Chesterfield County and Virginia Electrio and Power Company to in,tall overhead cable ~ithie a 30' easement at Bailmy Bridge Middle and Eigh School~ to p~ovide service for the Middl~ school and for xele~ation in conjunction with the road widening in front of the schools. (A copy of said plat is filed with the papers of thi~ Board.) 11.E.4.e.2. TO INSTALL ~NDEP.~RG~ND LINES FROM ~ORT ~OAD TO ~'~ On motion of Mr. Currin, seconded by Mr. Mayas, the B~ard authorized %he Chairman of the Board and the CouPty Administrator to execute an easement agreement between Chesterfield County and Virginia Electric and ~ower Company to install ~able within a 15~ easement from Luri Road to the County Administration Building, which request is for relocation of ~he servi¢~ to the Adm£nis:ration Buitdingr in conjunction with the widening of Lcri Road. (A copy of said plat is filed with the papers of this Board.} Vote= Unanimous EL~N'mLg¥ 8C~OOL On aeries cf Mr. Currin, seconded by Mr. Mayas, the Board authorized the Chairman of tho Board and the County Administrator to ex,cute ~asement agreements between Chesterfield County and virginia ~testric and Power Company tn install overhead cable within a 45' easement, and underground oable wi=tin a 15' easement a= ~¢off =lementary School, which ~v~rhead easement is for a relocation in conjunction with %he read widening in front of the school and the underground 90-575 7/~5]90 easement is for ~vice to the school. (A copy of said plat is filed with the papers of this Beard.) · Ef, EPHG~[E CO~ARY OF VI'~I~IA P~R BURI~ CABI~ ACROSS 0n motion of Mr. Currin, ~co~d~ by ~r. ~ay~s, the ~oard au~orized ~e Chairman of the Board and the COhnty Administrator to ex,cute an easement agreement between Chesterfield County and The CheuaDeake and Potomac Tel=phOne Company of Virginia to ins~all buried cable within a 10' and 15' easement across the Ch~utur~i~ld County Airport and Industrial ~ark. (A cop~ of said plat is filed Wi~ ~he papers of this Board.) 11.E.4.q. AWARD OF ~1~.~.4.~.1. ~AI~'r~ANCE SHOP ADDITIO~ -SWIFT C~EK 'WA'l'~i~ PL,i%NT PROJ~CT On motion of Mr. Currin, se=on,ed by Mr. Mayss, ~he Doard awarded the contract for construction of an addition to the maintenance shop at the Swift Creek Water Plant, which additional space is required to house maintenance equipment and perform repairs on the plant ~quipm~nt, to the lowest bidder, Century Building System, in the amount of $89,800. (It is noted funds for the project are included in the FYP0 Capital Improvement Program ($70,000 original appropriation and $2~,000 Contingency) and authorized the County Administrator to execute any necessary doeument~ for ~aid project and t~ansferred the funds available from conuingency. 11.E.4.~.2. REPAIRS TO FALLING CRE~E DAM PI%OJECT On motion of Mr. Curri~, s~conded by Mr. ~ay~s, the awarded the contract for repairs tO the Falling Creek Dam to the lowest bidder, Pressure Concrete Construction Company, in the amount of $215,400.75 which repairs ers necessary to maintain the structural integrity of the dam and prevent further deterioration and authorized the County noted ~unds for this project are included in the FYPl Capital ll.E.4.h. ACCE~T DEEDS OP DEDICATION ll.B.4.h.l. A~ONG ~O~tI ~OD PROM CLk~NCZ B. ~XLSON, ET ALS On motion of Mr. Currin, seconded by Mr. Mayas, thm Board zccspted on hehal~ cf the County th~ conveyance o~ acre parcel of land along Lori Road from Mr. Clarence B. and M~. Marion M. Wilson, (husband and wife), and Mr. ~raham S. Wil~on and M~. ~laine B. Wt!son~ (husband and wife) and authorized the county Administrator to e~ecute the necessary deed of dedication. [A copy of said plat is fiiled with the papers o~ this ~oard.) 90-576 7/25/90 lI.N.4.h.2. ALONG CLINTWOOD~0ADAHD U. S. ROUTE 360 FR{3{,! On motion of Mr. Currin, ~econded by Mr. M~yee, th'e B0a~d accepted the convey&nde of a 5' and variable width parcel of laud along Clintwood Road and U.S. Route 360 from Clintwood A~scciates L.P.~ A Virginia Limited Partnership and authorized the County Administrator to execute ~he necessary deed of dedication. (A copy of said plat i~ filed with the papers of this Bcard. I lI.N.4.h.3. ALONG AL%"ERSER DRTV'E Fl%OM MR. AND ~. ~w~ N. On motion of Mr. Cerrin, seconded by Mr, Mayer, the Board accepted the conveyance of a variable width strip of land along Alverser Drive from Hr. Hay~oo~ B. H~man, Jr. and M~. Claudette ~. Hymen and authorized the County Administrator to execute the necessary ~ee~ c~ ~e~icat~cn. '[A copy bf ~aid pla~ is filed wi~h the papers of this Hoard.) ll.E.4.h.4. ALONG TWINRIDGE LAN~ FROHJAM~S N. ~ON~RS~ On motion cf Mr. CurrLn, secund=d by ar. Hayes, the Board accepted the conveyance o~ a 0.013 ac~e parcel of land along Twinridge Lane from ~r. J~es R. ~owera, Jr, and Ma. Mar~ a. Sowers and Mr. W. J. Rowe, Jr. and MS. Sheila C. Rowe and authorized the County A~inls~rator ~o execute th~ necessary deed o! dedication. {A copy of said plat is filed with the paper~ of this Board.) ll.R.4.h.5. FOR P~0POSED SPEEKH DRI~fl~ FROM~fhM~ON SHOPPING On mo~ien of ~r. Currin, ~eoonded by Hr.- Mayes~ the HOard accepted th~ COnVeyance of a 60] and~ variable width' parcel of land souUh of Hull Street Road from C~mp~on Shopping Centers requiremen= of 9lanning for additions to Victorian S~are Shopping Centur and authorized the C~nty A~inistrator execute the na0esaary de~d O~ d~dlca=ion. {A copy o~ said is fil=d with the papers of this Board.} NXISTING 50 F~ ~G~-OF-WAY On motion of Mr. Currin, seconded :by Mr. Hayes, th~ Board approved a reques~ from Ms. Joyoe W. Xenn=dy =n~'~. William E. Kennedy~ Sr. for pe~iusion to install driveway improvem~nt~ within an existinq 50~ unimproved County right-of-way to ~erve Lot 7 at the corner of Manatee Road h~d O'Bisque Drive, subject ~o the execution of a license agreement. {A copy of said plat i~ filed wi~h the paper~ of thi~ Board.) 90-577 7/25/90 ll.E.4.~. A~THOP. I~ATION TO ACQUIRE EASEMENTS FOR TU~ C~STE~ LANDFILL P~0J~CT 11.E.4.).1. ~. W, T. CURD~ JH. On motion of Mr. Currin, seconded by Mr. Mayes, the Board authorized the County Attorney to proceed with e~tnent domain against the following property owner if ~he amount as set opposite his n~ is not accepte~. An~ be it further regis[ered mail on July 26~ 1990 of the County's intention enter upon and take the property which is to be ~he subjec~ of ~ald use of eminent domain. This action is om an emergency basis and the County intends to exercise i~edia~e right of entry, pulsuant to Section 15.1-238.~ of the Code cf Virginia. Mr. W. T. curd, Jr. Tax ~ap ~114-15(1~20 Vo~e= 11.E.4.~.2. ~, AND ~S. JOSRPH ~HRGER~ON When aoked, Mr. PerqersOn stated he did not COneu~ with th% County's opinion that it was necessary to acquire easemeats across his property to accommodate the County's needs for th= Chester Landfill~ that further discussion was necessary as the property the County wi~hes to acquire provld~$ the only access to his property; that h~ wished to consult with his attorney as to his legal rights; and requested the Board defer the matter for sixty (601 days. Mr. Currin stated he felt the matter could be rmsolved within a thirt~ (30) day tirn~framm. On motion of Mr. Currin, seconded by Mr. Mayes, the Board deferred until August 22, 1990, at 9~00 a.m., consideration of authorization to acquire easements for ~he Chmster Landfill across the property of Mr. and Mrs. Jomeph Pergerson in order %o further discuss any viable options and/or al%ernative~ to th~ uituation. Vote: Unan~ous Mr. Daniel requested that s~a~f bring forth %he legal back- ll.~.4.k. ;k~Rl%0%~%LOFC~ANGR O~RRNUM~R 1 FOHCOI4T~ACT 0n motion of Mr. Currin~ seconded by ~T. ~ay~, the Board approved Change Order N~ber 1 in the amount oi $$O,53Q.D0 for Contract ~8-~251 - Route 1/301 Sewer Assessment District, which bole of Route 1/301 which i~ require~ because at the original Vote: Unanimous 11.~.2. i~ENT OF ~RMI$STON TO INSTALL FENCE ON PORTION OF On motion of Mr. Currin, seconded by Mr. Mayea, the board approved a request from A. W. Baker, 5425 $. Rock SpTin~ Drive (on behalf of hi, self and neighbors) authorislng the environ- mental engineering Department to remove a section of fence from S. Rock Spring Drive to eliminate pedestrian traffio from using priva~ properties to get from Rock Spring Farms ~o Jessup Road and to allow ume of the right-of-way by pedestrian traffic because S. Rock Spring Drivu is dudica~ed for public use. 90-57g 7/25/90 Mr. Sale presented the Boar~ with a report on the developer water and sower eontract~ executed by the County Admlnlstra%or, ll.F. I~EPORTS Mr. R~zsey present~ ~he Board with a status report on General Fund Contingency Account, General Fund ~aluncs, Reserve for Future Capital Projeot$, District Road and Str~t Light Request for Support and the Chesapeake Bay Committ0o. formally notified tko County of the acceptance and/or abandon- ment of the following roads into/from the State Secondary ABAI~DONMENT (Effective 5/11/90) Route 625 - Section One. ~rojec~: 0625-020-251, ~501 0.12 ~i. ADDITION (~ff~ctiv~ ROute 625 - Section Two. Project: O~25-O2Q-251, ~5~1 0.07 Mi. S~O~ETR~E WOODS AND SM©~ETR~, SECTION D {Effective Route 2776 (Gordon School Road} - From Route 1303 to Route 4750 (F~rrylanding Drive). ROute 4?50 (F~rryl~nding Drive) - From O.O6 mile South Ro~te 2776 to 0.~7 mil~ North Route 2776. 0.08 Mi. 0.13 Mi. BRANCH~S TR~C~, PHASE II (~ffoctive 7/5/90} Route 940 (Stable Gate Road) - F'rom Q.Q~ mile Not,hoes= Route 655 9o 0.12 milo ~ortheast Route 655, 0.04 GR~AT OAKS, SECTION 3 AND SECTION 1 (~ffecSive ?/5/9Q1 Route 4550 (Tamworth ~oad) - From Route 2790 to 0.11 mile Northwest Rout= 2790. 0~11 Mi. I1.G. E~C~TI%~ SESSION On motion of ~r. Applegate, seconded by Mr. Sullivan, the Beard went into ~xecutlvs Sem~ien to Consider tbs acquimition of real p~operty for public ume rela~ing to ~chool sites pursna~t to Section 2.1-~44(a) (3) of the Codz of Virginia, 1950, as emended. Vote: Unanimous Reconvening: 9~-579 On motion of Mr. Applegate, seconded by Mr. banlel, the Board adop=ed the following Tesolution: WHEREAS, the Board of S~porvisers has this day adjourned into Executive Session in accordance with a %ormal vote of the Board, and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information hot effectiv~ July id 1989, provides for certification that such Executive S~ion was conducted in conformity with law NOW, 9~B~F0~, BB IT ~SOLVED that the Board of County Supervisor~ dee~ hereby certify that to the b~t of each ms~ber'~ knowledge, ii only public business matters lawfully Information Act were discussed in the Executive Sea,ion to which this certification applie~, and ii) only suc~ public Executive Se~ion was convened were heard, discussed or considere~ by the Board. NO ms~er dissents from this certifi- cation. The Beard b~ing poll~, the vot~ w~$ as follows: Mr. Daniel~ Aye. Mr. Mayes: Aye. Mr. Sullivan= Aye. ll.H. ~U~CH The Board recessed at 12:40 p.m. to travel to the Sunset Cate at the Chesterfield County Airport for lunsh. Reconvenlng: 11.I. I~Q~B~$ FOR REZONING Mr. Currin stated Mr. Mayes had requested that Cases 90SN0223, 30~N k~ VIRGINL% ~AzsA an4 90~0225, JOHN v. ~AZZA, SR., be Mr. Jacobsen stated tka5 Casm 90SN0225, JOHN V. MAZZA, SR., would be the first case on thc scheduled discussion agenda and that Case 90SN0223, JO~ ~IN~ZZA, was on ~he Consent 90SR0169 In Bale Magisterial District, KINGSLAND ASSOCIATES requested withdrawal of consideration for renewal of Conditional Use (84S025) Qn 25 acres, plus Ccndlt±onal Usg to permit expansion o£ ~ existing borrow pit on an additional 29.4 acres. The density of the proposed amendment will be controlled by zoning conditions or 0rdinanoo standards. The Comprehensive ~lan designates the property for reeidential ~evelopment of 1.51 4.0 uni=s per acre. This toques= lies iu an Agricultural District on a 54.4 acre parcel lying approximately 415 fe~t the eas~ line of Conifer ~oad, approximately 460 fee~ south Bellbrook Road. Tax Map 67-14 (1) Part of Parcel 1 {Sheet Mr. Jacobsen pre~nt~d a brief ~ary of Ca~ 90SRO169 and 90-5~0 7/25/90 Mr. Oliver D. Rudy, representing the applicant, confirmed that his clients, since bmceming aware of substantial appesition and not wishin~ to disrupt harmony in the n~igh~orhoo~, are rsquestlng to withdraw their case £ro~ consideration. Zr. Daniel made a motion, ~eoonded by Mr. Appl~gate, to accept withdrawal of Came 90SR0169. When asked if ~here was opposition pre,eat, ~r. George Beadles, Jr., a ~atoaca District resident~ ca~e forward to voice opposi- tion to the withdrawal o~ Case 90~R0169; stated he felt that the subject property was m~itable for the propose~ use; and that if ~hs ~oard should approve ths request, sufficient restrictions could be to ensure that the applicant were to bid on and receive a State contract, the County would have some control over removal of the dirt. When a~ked~ Mr. Micas stated any individual(~) desixing to operate and/er opera~ing a business in the county would have to obtain appropriate zoning and would be subject to res/uirements Of the County zoning Ordinance. Hr. Daniel nute~ that he had received numerous p~tltiens in reoord~ noted there had not been any support of which he was aware for qhis r~qu~st sinc~ submittal of the application; that he had not received any favorable reconunendations for the ca~e; that t~ Planning Ce~i~ion had unanimously reOO~Lmended denial of the ~ubject request ~ue to co~csrn~ expressed by area residents an~ because it was felt th~ proposed request would appreciation to Mr. Rudy and his client for wi~drawal of %he request. Mr. Daniel restated his motion, seconded by Mr. Applegate, to Vote: ~nanimous 90S~0139 In Clover Bill Magisterial District, GEORGE B. SOWE~ JR. ~ A~SC~k~S requested a~endment to conditions of a previoes rezoning (ca~e 888N0032] relative to density and average lot size in a ~esidential (~-12) District. ~esidsntial develoument of up %o 3.63 units p~r acr~ is ~ermitted in a Residential (R-12) Diatrict. The density of the proposed ~endm~nt will be controlled by zoning condition~ or ordinan0~ ~%andard~. Th~ development o~ 1.51 to 4.08 units per acre. This re~e~ lie~ south line of Lucks Lane, approx~ately 600 feet west of Abingdon Road. Tax Map 38-1 {1) Parcel 25; T&x Zap 38-1 (7) Poplar Creek, Lot 1; Tax ~op 38~1 (6} Poplar Creek, LOts 1 through 12 and ~7 through 51; and Wax Map 38-5 (3) Poplar Creek, Lo~s 13 through 26 (Sheet I4). Mr. Jacobsen grated at its July 17, 1990 meeting the ~lanning Co~igsion~ at th~ r~que~ oX the applicant~ deferred Ca~e 90SN0139 for sixty (60) days to their 5ept~ber 18, 1990 me,ting and, therefore, th~ Board can~og ac~ on the request a~ %hi~ time. E~ suggested a d~ferral until S~pte~er 26r 1990 pending ~he Planning Co~ission's reco~endation. There was no opposition to the request for d~f~rral. On motion of Mr. Applegate, seconded by Mr. Sullivan, the Board deferred Ca$~ 90~N0139 until Septe~er ~6, 1990. 90-581 7/25/90 ~8SN0059 In Midlc~hian and Clever ~ill ~a~isterial Districts, E. ~OW~LL AND R. LEWTS BOGG$ requested amendment %0 Conditional Use Planned Development (Casa 86S025) ~ permit use and bulk exceptions on property zoned Residential (R-15)r Residential (~-7), Offic~ Business C0), and co~t~unity Business (B-2~. mer~ial, industrial, and p~lic/s~i-pu~ic usaa, &s p~anned. zoning conditions o~ ordinan~ a~andard~. The C~prehen~iv~ Plan designates the properly for medi~ density residential develo~ent of 1.51 to 4.0 uai~s per acre~ me~i~/hi~h density residential development of 4.01 to 7.0 units per acre; and office, light in~ustrlal and pub~ic/~i-publ~ u~e~ w~th density to b~ dete~ined by development regulations. This request li~s on approzimacely 948.0 acres fronting aDDroxi~ ~at~ly 3,700 fe~t On the north line of Powhit~ ~arkway and approz~ately 2,000 feet on the north and east line o~ Old HUndred Road, also fronting the east and we~t lines of Coal- field Road and Luoks Court, and the north and sonth line~ of Min~r~ Trail Road ~nd Looks Lane, and located in the northeast quadrant of th~ intersection of Pcwhite Parkway and Coalfield Ro~4. Ta~ ~ap 36 (1) Parcel 7; Tax Map 36-2 (1) ~arc~l 1; Tax Map 36-7 (1) Parcel t; TRK Map 36-8 ~1) Parcel 1; Tax ~ap 36-10 (1) Parcel 2; Tax Map 37-1 (1) ~ar~el 2~ Tax Map 37-5 (1) Parcel 1; and Tax Map 37-9 (1) Parcel 1 (shee%~ 7 and 13), the ~la~ning Co, lesion reco~endsd approval of s~e, subject ho certain condftions. He noted Condition 3 references the max~ nu~er of dwelling uni=s %hat ~he dev~loper permitted to d~velop on ~he subject site, stated th~ cap on the (exls%ing) zoning and, ~erefore, cash proffers were not discussed. There was no opposition present. Mr. R. Lewis ~oggs stated the reco~ended condition~ ~ere On motion o~ Mr. Applega~e~ ~conded by ~r. Sullivan, the ~oaxd approved Came SSSN0059~ subject to ~he following 1. ~xcept as stated herein~ the Textual Statement dated May 7, 1990, revismd June 19, 1990, and ~he zoning Map da=ed May 3, 1990, shall be conmidered the Master Plan. 2. If Parcel 6 is developed ior zeuo lot line homas, duplexeu and/or ~riplexe~, the bulk re~ir~ment~ (i.e,, se%backs, lot area, etc.} shall b~ ~mblimh~d by hh~ Planning (NOT~: This coudition is in addition to the Textual Stat~ent, III. G~n~ral Cond~t~on~., B, Land U~e, 3.) 1,639. (NOT~: This condition is in addition to the Textual Vote: Unan~ou~ 90-5~2 7/25/90 90F, N0122 In Matoaca Magisterial District, JACK ~. ~0OSMITH r~questsd amendment to Conditional use (Case 89SN0132) relative to siting and operational standards for landfills and elimination e£ the landfill. The density of the proposed amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan dSslgnates the property for residential development of 1.~ units per ac~e or less and 4.01 to 7.0 Knits per acre. This request lies in an Agriaul~uraI (A) District a 31.0 acre parcel lying appro~imatnly 1~0 feet off the western terminus of Carver H~iqht~ Drive, approzimateIy ~00 £sst west of the intersection of West Booker Boulevard and Carver Drlv~. T~x ~p 114-~4 {1) Par~ of Parcel 9; Tax Map 114-1~ Parcel 9; and Tax Map 131-1 (1) Part of Parcel I2 (She¢t 31). ~r. Ja¢obson presented a 9~ary of Case 90SN0122 ~nd th~ ~l~uni~g Co. isaiah race.ended approval, s:~]act to Mr. Oliver D. Rudy, representing the applicant, ~kaked th~ 90SR0187 In Bermuda ~agi~teria~ District, EU(~ ~RE~ requested renewal of Conditional Use (Case 85s058) to permit a family dny care home. The density of the proposed ~mendment will be controlled by zoning conditions er Ordinance standards. The Comprehensive Plan desiqnate~ the property for residential development of 1.$1 to 4.0 unit~ per acre. This request lies in a Residential (R-P) Dis~rict on a 0.4 acre parcel fronting approximately 130 ~eet on the west line of Brandywine Avanue~ also fronting approximately 145 feet on the south line of Perlock Road, and located in the southwest quadrant of the intersection of these roads. Tax ~ap 81-16 (1} Part of Parcel S {sheet 23). Mr. Jacobsen presented a summary of ca~e 90SROI$7 and stated th~ Planning Commission r~ccmmended approval, subject ~o Ms, Charlene Presley stated th% ~eco~ended condition~ were acceptabl~. There was no opposi~iun pre.tnt. On motion of ~r. Currin, seconded by ~r. ApRlegate, the Board approved Case 90SR01$7, subject ~o th~ following condition~ and Sharlen~ K. ~resley and shall not be transferable nor run with the land~ (P) 2. The n~ber of children permitted at any on~ time shall not employees. (P) ~. There shall be no additions or alterations %o the ~xistlng 4. There shall be ~o signs Debitted to identify th~s use. 90-555 7/25/90 90SN0193 In Bermuda Magisterial District, W~L~Ot~D WILDER AND i~OY requested ~ezon~n~ from Residential (R-7) and Co--unity Bu~i- ne~ (B-2) to General Business (C-5). ~h= d~n$i=y of ~he 0rdinanee ~tandards. The ComD~ehensive ~lan de~ignate~ ~he property for re$1den~ial development of 1.51 %o 4.0 units per acre add for general co~ercial use with d~nsity to b~ deter- acre parcel fronting approximately 220 feet on th~ wes~ lin~ of Perr~ont RoaO, at its intersec=ion with Jefferson Davis ~ighway. Tax ~ap 81-8 {1) Parcel 7 and Tax Map ~1-12 (1) Parcels 24 through 26 (Sheet the Planning Cotillion race,ended approval, subje~ acceptance of a Droffered condition. Mr. Jack Burkey, representing the appliQan~, stated race,ended condition w~ acceptable. There wam no opposition of billboard~ with a General Busines~ {C-5) rezoning. ~r. Jacobsen ~tated the applicant ha~ prof~red con~itions which wuuld prohibit billboards on the property. O~ me, ion of ~r. Currin, ~econded by Mr. Mayas, the Boar~ approved rezoning to a depth o~ 590 feet o~f =he wes~ li~e of Perr~ont Road and accep~e~ ~h~ following proffered con~i%ion~ and denied rezoning from Residential (R-7) to General (C-5) to a depth greater than 500 fe~t on the remainder of the property for Case 90SN8193; In order to mlnimix% traffic Prior to the iseuance of a building permit, sixty (89) feet of right of way on the we$t side of Route 1 measured from the centertine of that pert of Route 1 immediately adjacent to the property, ~hall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The u~ permitted ehall be limited to motor vehicle sales, eervice, repai~ and rental plu~ any u~e~ permitted in the community bu~insse C-3 district except =he following uses which Shall be prohibited: 1. Cook,all lounges and night clubs 2. Hotels 3. ~otor vehicle washes 4. Past ~ood r~zeaurants ~O,b-Tq0205 amendment to Conditional Use Planned Development (Ca~e 86S156) to permi~ outside storage in a Community Bueiness (B-2) District. The density of the proposed amendment will be controlled by zoning ~ond~tiong or Ordinance standards. The merciai develupment with d~ity to be determined by develop- lying appr0~ima~ely 300 feet off th~ south line of West Hundred 7/25/90 Road, approximately 400 feet wast of JEfferson Davis ~ighway. Mr. Jacobsen presented a summary ef Case 905~0205 and ~tated the Planning Coramission reco~unended approval, subject to certain conditions. Mr. Oliver Q. Rudy, representing the applicant, stated recommended conditions w~re acceptable. There was no opposition present. On mo~ion of ~r. cur~in, seconded by Mr. Appl~gate, the ~oard approved Case 90SN0206, subject to [he followinq conditioD: Out~ide storaq~ areas shall be visually screened from agriculturally and residentially zoned property t~ sou=h and wes= and fr~m public rights- cf-way in accordance with Article 4, Division 4 Of Chapter 21.1 of the Zoning Ordinance. (NOT~S: A. Ail previously imposed conditions of zoning approval for Ca~ remain in effecf. At the t//~ of site plan review for the outdoor may be required ~o ensure chat out~ide ~to~a~ areas will be effectively screened.) 90SN0207 In Matoaca Magist~rlal District, FIRST ~OLONIAL SA~INGS BA~K requested amendment ~e conditional Use Planned Development (Case 84B172) to permit a health club. The density of the proposed emendmen~ will be con%rolled by zoning sCnditions er Ordinance standards. The comprehensive Plan designates the property for light commercial ~evelcpmant with density to be datelined by development regulations. This request 1les in a Residential {R-~) District on a 1.3 acre parcel ~rontinq approximately 145 feet on ~e went lin~ of Ironbri~ge approx~ately 330 feet south of Landfill Drive. Tax Map 114-1 (1) Parcel 20 (Sheet 31). ':-. the subject property but doe~ own property adjacent site, declared a con~lict of interest pursuant to the Virginia Comprehensive Conflio~ o~ Interest Act and excused himself from the Planning Co~ission rec~ended approval, subject to c~rtain con~itiun$. Mr. Guy $cheid, repre~entlng the applicant, staUed the opposition present. On motion of Mr. Applegate, seconded by Mr. ~ayes, ~he approved Cas= 90SN0207, subject to the following conditions: 1. In addition to other u~m pe~itted, a health cl~ shall also be permit=e~. 90-585 {~QTE: This condition is in addition to Condition 2 of 2. Prior to issuance cf an occupancy permit, ~tandard width tempo:sty construction and permanent easements shall be dedicated across the site frontage along Tron Br~dg~ Road to facilitate construction o~ a public wastewater line. 3. At such time that the public wastewater ~y~tem i~ lo~at~d within 100 feet of the existing structure~ the structure shall be connected to the public wastewacer system. (u] (NOTE: Except as noted herein, all previously imposed conditions of zoning approval for Case 84St72 remain in effect. ) Ayes: Mr. Sullivan, Mr. Applegate, ~r. Daniel and ~r. Mayas. ~r. Currin raturned to the meeting. 90,5'N0223 In Matoaca Magisterial District, ~O~N AND VIRGINIA requested rszoning from Residential {R~7) to Agricultural {A). Residential development of up to 1.0 unit~ p~r five (5) acres is permitted in an Agricultural IA] District. The Comprehsn- siv~ Plan d~s~gnat~s th~ property for regi~ential of 0.5 units per acre or less. This request lie~ on a 36.2 acre parcel fronting in two (2) places for a :chat of approxi- mately 430 feet on the east line of Little Read, approximately ~70 feet north of Piokhurst Court. ?az Map 180-9 (1} Part Parcel 2 (Sheet Mr. Jacobsen presented a summary cf Case 90SNQ223 and stated ~h~ Plan~ing Coa~is~iun recommended approval. Mr. John Mazza stated the recommendation was acceptable. There was no opposition present. On mc%ion of Mr. Mayas, s~ccnded h~ Mr, Appleqat~, the Bo~rd approved Case 905~0223. 90h-'N0225 business. The density of =he 'proposed amendment will Comprehensive Plan designates the property for residential development of 0.5 units per acrs or less. This request lies in an Agricultural (A} Dis%rich ua a 10.0 acre parcel fronting approximately 50 f~et on the sash line of Littl~ Road, approxi- mately 2,0~0 feet north of Pickhurst Court. Tax ~ap 180-5 Part Of Parcel 4 (Sheet 52). the applicant is seeking a Conditional Use to permit the existing ewUmning pool contractor sales end storage busineso and the planned expansion. ~e noted that the use currently exists by ~peclal Exception which was granted for a ten {10] year period, expiring in November, t999. He explained that the c~rrent request, ~f approved, would hav~ the effect of superseding the Special Exception and would allow continuation recom~cnde~ denial of the request because thc prOpeeed use does i i i not conform to the ~.o~thern Area Land Use and Tra~.~p9rtation for rural density residential development and, given the of the corrupt operation ~nd proposed expansion, approval could have an adverse impact upon anticipated area residential development an~ set a precedent for further commercial develop- ment ~n the area. Mr. John MaZZa, Sr., accompanied by Mr. John Mazza, Jr., stated the recommended cendi~ion~ wore acceptable. He stated he had not been aware Until recently that transportation needed to be addressed; that he agreed Little Road needed to be widened and, when the County widened ~i~tle Road, he woul~ be willing to work with the County to obtain the necessary right-cf-way, in conjunction with other area property owners, i~ necessary. He further noted that he owned property surrounding the ~ubject site and did Dot anticipate subdividing or ~elling any property nor did h~ think his any of his neighbors would; that there are no public water and/Or sewer facilities in the area; that he did not feel the area would develop for the next thirty (30) year~ or no; and did not feel that his request would set e precedent for ssturatinq the area with growth and commercial development. ~here was ne opposition present. Mr. Mayas stated on many occasions it had been noted that land use and transportation plans are only guids~ to be Considered by the Board in its decision-making process; that hs did not foci approval of this request would ~ith~ adversely impact ur be an in~usion :o ~he oommuni=y and that he could supp0r~ Coaditional On motion of Mr. MayeS~ ~econded by Mr. Applegate, th~ Board approved Ca~e 905N0225, subject to the following conditions: 1. This Conditional Uss shall be granted to and for John V. Mazza, Sr., Virpinla Mazza~ John V. Mazza, Jr. and Victoria Mazze Parks, exclusively~ and shall net be transferabl~ nor run with fha land. (CPC) 2. This Conditional Use shall bm limited to the op~ra~ion of a swimming 9ool oontraeto~ sales and storage business~ exclusively, and not more than twenty (20) employees, other than the applicants, shall be engaged in thi~ operation. 3. Hour~ of operation shall be restrloted to between a.m. and 5:00 p.m., Monday through Saturday. NO Sunday operation shall b~ pez~itt~. 4. No d~liveries shall be permitted before 9:00 a.m. and after ~:00 p.m. (CPC) 5. off-street parking shall be provided for at l~ast twenty-five (25) employee and customer vehicles, plu~ vehicles belonging ~o the applicants. All driveway and p~rking areas ~h~ll h~ paved. (CPC) 6. No ad~itiom$ or alterations related to this operation shall be permitted to the exterior of the existing or the propose~ buildings, except as shown on the site ~lan submitted with the application. (CPC) 7. No group assembly c~nnected with this operation shall be permitted. (CPC) S. Ne% mere than five (5) customers or subcontractors shall be permitted on the property at any on~ tim~. (CPC) 9. Ali work and operations associated with this business, including storage of materials and equipment~ shall be 7/25/90 accomplished on the inside of the existing and proposed building. (CPC} 10. A natural vegetation buffer zone, at least ~0Q feet wide, shall be maintained between the exi~in~ and proposed business ar~as and all adjacent property lines. (CPC) ll. Only one (1) sign, not more than %bix%y-two (32) square feet in areat shall be p~zmitted. (CPC) assembly connected with %he Operation, the limitation on no on ~hs p~o~e~%y at any one time; etc. Mr. Mayms amended his motion, seconded by Mr. Applegate, to approve Case 90SN0~25, subject to the following conditions: 1. This Conditional Use shall be 9ranted %0 and for John V. axcl:sively, and not more than twenty i20} employees, other than the applioant~, ~halt b~ ~nqag~ in this operation. [CPC~ a.m. and ~00 ~.m.~ Monday through Saturday. No Sunday operation shall be permitted. {CPC) twenty-five I2~) employee an~ customer vehiclea, plus vehicles belonging to the applicants. All driveway and parking areas shall be pave~. (CPC) $. No additions or alterations related to this operation proposed buildings, except as shown on the site plan submitted with the application. (CPC) permitted. (CPC) accomplished on the inside of the e~istin~ and proposed huildinq. (CPC) 8. A natural vews%ation buffer zone, at least 500 feet wi~e, 9. Only one {1) sign, net more than thirty-two {~2} square all the citizenry of the County; and sugqesbed the request bs de~erred until the applicant could have an opportunity to condition could be impo~ed by the Board aB lenq as hhe need for i m the applicant stated be was agreeable to dedication of the right-of-way at the entrance area to the subject site. Mr. Mayas amended hie motionI seconded by Sr. Appls~ate, approve Ca~e 905N0225, subject to the fsi]owing conditions: 1, This Conditional Use shall be granted to and for John V. ~as~a, Sr., Virqinia Mazza, John v. sasza, Jr. and transferable nor run with the !and. (cPc) This Conditional Use shall be limlted to the operation of exclusively, and not more than twenty (2D) employees, other than the applicants, shall be engaged in this operation. (CPC) 3. Hours o% operation shall be restricted ~o between 8:00 a.m. and 5:00 p.m., Monday through Saturday, ~o $~nday operation shall be permitted. (CPC} Off-street parking shall be provided ~or at least twenty~five (25) employee and customer vehicles, plus vehinlee belonging to the applicantR. Ail driveway and parking areas ~hall b~ paved. (CPC) 5. No addition~ or alterafion~ related to ~hie operation shall be permitted to the exterior of the existing or the proposed buildiDg~, except as ~hown on ~he site plan submitted with the application., (CPC) No group a~embly connected ~ith this operation ~hall be permitted. (CPC) ?. All work and operations associated with ~his business, including storage o~ materials and equipment, shall be accomplished on the inside of the existing and proposed building. (CPC) A natural vegetation b~ffer zone, at least 500 feet wide, shall be maintaine~ bstween the exiating and business areas and all adjacent property lines. (CPC) 9. Only one (1) sign~ not more than ahirty-two (32) square feet in area, shall be permitted. (CPC) 10. At euoh time that reconstruction o~ Little Road ie co,mit- ted, thfrty~five (35} feet of right of way, m~asure~ from the cen~erline of Little Road at the entrance to Parcel on Tax Map 180-5 Il} from Little Read ~h~ll be dedicated to and for the benefit of Chesterfield County. There was further discussion regarding why conditions 4 and were imposed; the Board's ability to supersede oendi~ions imposed by ~hs soard of zoning Appeals; what would or would not ~e the conditlone of record; etc. ~x. Mayas called for the question. Mr. MoCranken asked for clarification ~elati~e the condition regarding the right-of-way ~edicatio~, Mr. ~azza, Jr. stated he understood the dedication of right-of-way would be necessary only for that portion of the property along Little Road being censidered under thi~ applic~tion and not the entire property frontage an~ that s~id remaindsr of property would be acquired through the e~ineuf domain process. Mr, Sullivan ~tated the ~se of th= eminent domain process would result in the entire citizenry bearing the burden of expense for road improvements for the subject request when the ben,fits would be accrued only to the applicant and he did not feel that was proper. He stated he felt the request ~hould denied or ths right-of-way for the entire length of the property should be obtained from this applicant ihs would from any other applicant. Mr. Maye~ stated he felt 90-589 7/25/90 unreasonable to impose a condition reguirin9 dedication of right-of~way for property not inoluded in this application. ?here was further discussion/clarification as t~ the location of the ~ubjece property and the right-of-way to dedica=ed. Mr. Applegate inquired if Mr. Mazza, Sr. would agreeable to d~dicatt~g the right-of-way along =he entire tract of land at this time aS a condition of zoning. Mr. McCrmcken outlined on the map the subject property to ~e dedicated and stated he understood the condition would require that at th~ time Little ~oad is reconstrusced, thirty-five (35) feet of right-of-way muasured fro~ the centerline of Littl~ Road for the entire length o~ the property would be dedicated to COunty. Mr. Mazza, Sr. stated that wo~ld he Mr. Mayas amended his motion, seconded by Mr~ Appleg~te, to app~ove Case 90SN022~, subject to the following cenditions~ 1. This Conditional Use shall be granted to and for John V. Me~a, Sr., Virginia Mazza, John U. Masse, Jr, and Victoria Mazza Parks, exclu$ively~ and shall not be transferable nor run with the land. {CPC) 2. This C~nditional Use shall be limited %o tho operation of R swimming pool contractor sales and storage business, exclusively, and not mor~ than twenty (20) employees, other than the applicant~ shall be engaged in this operation. a.m. and 5:00 plm., Monday through Saturday. NO Sunday operation shall be ps,mitten. ~C~C~ 4. Off-street parking shall be provided for at least twenty-five (25] employee and customer vehicles, plus v~hicles belonging to the applicants. AIl driveway and parking areas shall be pav~d. ICRC} 5. No additions or alterations related tu this operation shall be permitted to tbs exterior of the existing or the proposed buildings, except as shown on ~he site plan submitted with tbs application. (CPC} 6. Nc group assembly connected with this operation shall be permitted. ~CPC) 7. All work and op~ra~ion$ sssoci~ted with ~hls business, including storage cf materials and eqnipment, ~hall be building. (CRC} 8. A natural vegetation buffer zone~ at least 500 f~et wide, shall be maintained between the existing and proposed businezm areas and all adjacent property lines. (CRC) 9. Only one (1) sign, not more than ~hlrty-two (32) square ~eet in area, shall be permitted. (CPC) 1~. At such time that reconstruction of Little Road i~ comfit- ted, thirty-five (35) feet of right of way, m~asured from the centerline of Little Road for the entire length cf Parcel ~ on T~x M~p 150-~ (1) shall he dedicated to and for the benefit of Chesterfield County. Mr. Jacobsen stated, ~or clarification purpoaes, he understood the motion for approval of Ca~e 90SN0225 included striking conditions 4~ 7, 8 and adding a condition regarding the d~dlo~tion of right-of-way along the applicant's property on Little Road. Mr. Maye$ amende~ his motion, seconded by Mr. Applegate, to approve Cass 905NQ225, subject to the £ollowin9 conditions: This Conditional Use shall Ba 9ranted ~0 and ~or John V. Ma~a~ Sr., Virginia MazEs, John V. Ma~za, Jr. and Victoria Massa Parks, exclusively, and shall not be transferable nor rnn with the land. (CPC) 2. This Conditional Use shall be. limited to the opera=ica of a swimming pool contractor sales and storage business, exclusively, and not more than twenty C20) employees, other than ~he applicants~ shall be engaged in this operation. (CPC) 3. Hours of operation shall be restristed to between 8:00 a.m. and 5:00 p.m., Monday through Saturday. No Sunday operation shall be permitted. (CPC) 4. Off-street pa~king shall be provided for at leas~ twenty-five {25} employee and customer vehicles, plus vehicles belonging to uhe applicants. All ~riveway and pa~king area~ shall be paved. (CPC) 5+ NO additions Or alterations related to this operation shall be permitted to %ha exterior of the e~isting or the proposed buildings, except as ~hown on ~he site plan submitted with the application. ICPC) kll work and operations associated with this business, innludinq storage of materials an~ eq=ipment, shall be accomplished on the inside of the existing and prope~&d building. (CPC) 7. A natural v~getation buffer sene, at least 500 feet wide, shall be maintained between the &xieting and proposed busineSS areas and all adjacent property lines. (CPC) S. Only one (1) sign, not moxe tha~ ~hirty-two (32) square feet in &~ea, shall be permitted. {CPC) 9. At such time that reconstruction of Little Road is commit- ted, thirty-five {35) feet of right cf way, measured fro~ the ceaterline of Little Road for the entlr~ length of Parcel ~ on Tax Map 180-5 (1) shall ~e ~edica%ed tO and for the benefit of Chesterfield County. (Be) Vote: Unanimous 90S;0122 In Matoaca Magisterial District, J~CK ?. SHOOSMI?H requested amendment to conditional Uss {Case ~PSNOi~R) relative to si~ing and operatlo~al standards for landfills and elimination of the eighteen (18) month time limit on the operation cf the exis=ing landfill. 9he density of the proposed amendment will be contYolled by zoning Conditions or Ordinance standards. The Comprehensive Plan designates ~he property for residential d~v~lopment of 1.5 units per acre oI less and 4.01 to 7.0 units per acre. This request lles in an Agricultural (A) DiStrict on a 31.0 acr~ parcel lying approximately %00 fe~t efX the western terminus of Carver Relgh%s Drive, approximately 600 feet west of the intersection of. West Booker Boulevard an4 Carver Heights Drive. Tax ~ap 114-~4 (1) Part of Parcel 9: Tek Map t14-15 (1) Parcel 9; and Tax Map 131-1 (1) ~ar% uf ~arcel 12 (Skeet 31). Mr. Jacobsen presented a su-n~ary cf Case 905~O122 ~=nd stated the Planning Commission recommended approval, s~bject to certain conditions. Mr. Oliver D. Rudy, representinq thc applicant, stated the recommended conditions were acceptable. Mr. A. K. Leake~ an adjacent property owner, expressed concern regarding the e~pansion of the subject si~e res~lting in same 90-591 7/25/90 being located within such close proximity to his property and the eighteen (18) month time limit for closure of an existing landfill cell. Mr. George Beadles, Jr., a Matoaca resident, expressed concern regarding t~s restrictiveness o~ regulations gove~nin9 the Subject request and stated he wished to ensure that it was understood that if subsequent regulations by the 8tats Department of Waste Management are less restrictive than the approve~ plan and operational pregram, then the moro restrictive regulations shall re_main in effect on There was brief discussion regarding the overall height of the landfill, th~ maximum allowable height of fill at this time, relocation of the fill operations to a lined cell at such time khat th~ maximum fill capacity i~ achieved, d~letion of the eighteen (18} month time limit for closure of an existing landfill toll being insu££icient to allow the applicant to reach his permitted capacity of 264 feet~ etc. On notion Of Mr. Mayes~ seconded by ~r. Sullivan~ the Board approved Case 9QS~0122, subject to the following condition: operation shall, at a minimttm, comply with the requirements of Section 21.1-127 of the Zoning Ordinance, as amended. The site plan shall be submitted to, and approved by, the Planning Department and the State Department o~ Waste Manage- ment. At the time of site plan r~view, n~ditional conditions may ~e imposed to insure proper operation and minimize impact On the area. Upon final approval, the document shall serve as the plan and opera- tional program ~or the land~ill. Any subsequent regulations imposed by the State Department cf Wests ~anagement Or a4opte~ by the CoD~ty tha~ ar~ mor~ re~trictive and appropriate t~ thi~ facility shal~ be inoorpcrated into the approved plan and operation program. If subsequent r~gulatiuns adopted by the State Departn~nt of Waste ~anagement are and operational p~ogram, then th~ more restrictive regulations shall remain in effect. Prior to, or in conjunction with, any request to the State De~artment of waste Management for amendments to th~ approved plan and operational programs, such request shall be submitted to the Planning Department for review and approval. Prior %o implementation of any amen~unt, %he Plannin~ Department ~hall verify that the amen~n~ent is in compliance with the approved plan and operational Prior to the opening of the expansion for filling activity, the e~i~ting lendfill area shall be closed to new cell and to filling activity except as necessary :o integrate =he existiAg landfill area and the expansion a~e& inaeoordnnee with she Master Plan, heretofore approved and a closure plan for the existing fill aras (contemplating completion cf the cell) shall have been approved and under implementation. (P & CPC) (NOT=~ This oenditiun ~upersed~s condition of Case 895~0132.) 87s166 (Amended) In Clover Bill Magisterial District, MAI%'£~ ASSOCIATES r~qu~sted rezoning frown Agricuttura~ (A) %0 Office Business {O) with Conditional Use Planned DevElopment to permit use (convenience commercial) and bulk exceptions. The density of the proposed amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designs:es the property for residential development of 1.51 to 4.0 Units per acre. This request lies on a 3.8 acre parcel fronting approximately 480 feet on the east line of Courthouse Road, also fronting approximately 380 feet nn Reams Road, and located in the seutheas~ quadrant of the intersection of theee Tax Map 27~6 (1) Parcel 14 (sheet Mr. Jacobsen presented a summary of Cate 87S166 an~ stated the Planning Co~uuission r~commended denial as the prcpo~d zoning Transportation Plan and approval of said req=e~% could establish a pr~oe~en~ for similar uses along portions Courthouse and Re~s Roads. Ee noted staff had ju~, received the applicant's revised TeKtual statement which would restrict development until Courthous~ Road is widened. Mr. Edward Willey, Jr., representing the appliuant, an overview of the proposed request, distributed oodles of the r~vise~ Textual S%a~n~ to the ~oard and outlined modification~ which th~ applicant desired. When azk~d, approximately twenty (~0) persons =toed to indica=e ~heir ~upport of ~he subject request. Dr. Mike McQuade, Vice Presid~n[ of the Coat. Oust Road Landowners Association, voiced s~ppor% for th~ proposed re.est as he felt the use would be appropriate for the subpect site; address density and compatibility concerns; and stated that he ~lt th~r~ wa~ an i$$ne of public safe~y along Courthouse Road tome to hi~ offic~ to call fo~ a~istanc~. He stated those involve~ have worked very diligently on this proj~c= and regarding %he au~oriey of eh~ Boar~ of Zoning Appeals to grant and ~%at~d he f~lt ~u General Assembly should curtail the Mr. Daniel di~clo~ %o the BO~rd ~at Mr. Russell Gulle~ i$ =m~loyed by ~hilip ~orris, Inc., the same firm with which he i~ emplo~e6~ and wc~k~ in th~ sam~ building as he does bu~ h~ no personal or financial responsibility ~or Mr, ~r. Russell Galley, representing Courthouse Road Residential Today and Tomorrow (CRESTT), expressed cQncern regarding the length of time this case has been on the a~enda: questioned why before ~is Board to d~f~nd~ on a case by case basis, the Northern A~ea Land U$~ ~ Transportation ~lan which currently race--ends no co.artist deVelOpment in the Courthouse Road corridor; s~ated that those residents, who are also leaders cas~s such as the one before %he Board =o~ay but rather ~hould be addressing issues of concern within their neighborhoods; stated the neighborhoods have appeared in force at previous meeting~ %o ~upport th~ C~STT organization'n view that the 90-593 7/25/90 current Northern Area Plan should remain in effect~ &nd urged the Board to deny the proposed r~quest, use and transportation plans are enly guides to be considered attendance regarding an issue was significant and could weigh heavily on a Soard decision. present residence which took ~orty (40) years to develop; indicated she was happy with a previous Board motion which sh~ re~erenced ~rom the Board's November 8, 1989 met=ina which she ~ead improvement~ were completed, the current Northern Area Land Use and Transportation Plan would remain in effect. Mr. Daniel stated %here is a Land Uss Plan in effect with certain criteria emtabtimhed regarding ~aid plan~ and until events change to suggest the= a review of the Plan is transportation plan is not the most feasible mean~ by which to is ~iven due consideration and that he would ~upport the District Sup~rvisor'~ d~sision on the matter. both the Clover sill and Midlethisn Districts for their views On this matter. Ho stated he felt deferral of the and he would have also taken the s~me action for the opposition however, h~ was later inIormed that gems of the information provided to the Board may have been inaccurate. When asked, Dr. ~cQuade stated that, on the date of the previous hearing for this case, he had becom~ involves in a ~ore complicated medical procedure requiring more time than he had anticipated and he was unable to attend the meeting. ~e further stated his meeting ~rom an individual indi=ating they were calling on from the opposition to the cass; that such action had concerned h~] for some time and he wished to set the record straight County, that som~ very difficult decisions need to be m~de by the Plan can be revisited ~nd amended; that he felt to move forward a~ thi~ time would not be appropriate; and that he felt he must stand by his prsvious actions and, at the appropriate time, move for denial of the request, Mr. Sullivan stated this had been a difficult case but he fel~ had been given the ut_most consideration; and he intended to Road in the County's Six Year Plan. Mr. M=Crask~n indicated the design is currently underway ~nd public hearings are anticipated by the ~nd of the year or Spring, 199~ ~ut there years before funds are alienated for completing of the entir~ widening. Mr. Currin stated he felt a mole definitive decision should have been made regarding the Courthouse Road Corridor Plan when it was under conbideration several months ago but h~ would support the District Oupervisor's motion. On motion of Mr. Applegste, seconded by Mr. Sullivan, the ~oard denied Case 878166. Ayes: Mr. Currin, Mr. Sullivan~ Mr. Applegate and Mr. Daniel. Abstention: Mr. Mayer, as he felt that neither side had been given a just break. was generally agreed to recess for five (5) ~inutes. In Matoaca Magisterial Disbrict, JAMES D. CARTER requested a thirty (30) day deferral of consideration for rezoning from Agricultural (A) to Residential (R-12). R~sidential develoDmen% of up to 3,63 units p~r acre is permitted in a Residential IR-12) District. The Comprehensive Plan designates the property for residential development of 1.~1 to 4.~ units the weste=n terminus of ~arobrith Road. Tax ~ap 149-5 (1)- Parcel 6 {Sheet 41). ~r. Jacobsen stated the applicant had just informed him that h~ wished to request a thirty {30) day deferral to further discuss ~foffe~s with the TranSportation Depurt~ent regarding the east/west freeway. There was ~o opposition to the request for a thirty [30) day deferral. deferre~ Case 895~0545 u:til August 22, 1990. In Dale N~gi~terial District, STEPH~N ~. DR~ANT rsq%lested resorting from Residential (R-7) to Agricultural (A) with Conditional Use to permit a professional offiue. The density of the proposed amendment will be oont~olled hy ×o~ing condi- tions or Ordinance stand~rd$. The Comprehensive Plan de.iSa- ares the property for ~esidential development of 1.51 to 4,0 units per acrs. This request lies on a 2.0 acre parcel front- ing approximately 218 feet on the north line of Contrails Road, approximately 80 fee~ west of Centralia Station. Taz ~ap 97-1 (1) Parcel 8 {sheet 32). Mr. Jacobsen present=d a sur~ary of Case 90SN0}26 and stated the Planning Commission r~commende~ denial a~ the proposed xonin~ and land us~ do not conform to the Central Area Land U~e and Transfer%atica Pla~, that it represents encroachment into a stable~ single f~ily residential neighborhood a~d noted ~qere was substantial cnn~n£ty opposition to the re.est. He noted the ae it~ June 27, 1990 me.ting th~ Board deferred ~is request to allow the applicant, staff and area property owners to me~t to discuss potential changes oi conditions so that a comprom~s~ could ba reached. He staeed the applicant has submitted a letter indicating he would reside o~ the property 9Q-S95 which also addressed the operation relative te hours, employees, lighting and ~ignage. ~e noted that subsequently a meetinq was held to discuss the proposed u~e an~ the applicant'm July 13, 1990 letter and area citizens indlcatsd that they did not feel concerns had been satisfied a~d, thereform, could not support the Mr. Currin disclosed to the Board that, while one of hie associates owns the subject property, he wished the record to reflect that ha p~r$onally has no financial interest in the house, the property er any of the adjacent properties; that, in th~ pa~t, w~en reachings were being considered that involved one of his a~soeistes, he did disqualify himself due to potsntial conflicts of interest; that he had discussed this issue with the County Attorney and, ~inee hs is not involved currently~ nor will he be in the future, w~th the subject property, h~ intended to vote on the case. Mr. Stephen Bryant referenced m July 20, 1990 l~tter that to be distributed to the Board at the meetin~ which indicated concessions he would be willing %0 make to expedite approval of the zoning re~uest and re~erenced previously s~bmitted petition~ that did not appear to be a part of the record.' Daniel stated he had the previou~iy submitted petitions as ~he case was still under review but would submit them to be made a part o~ the record later. When asked, Mr. Bryant stated he intended tO establish his residence on the property, partially upstalrz and in the hospital building. Mr. Jay WaddiI1, currsnB owner of the ~ubjeet property, presented a history of the ownership of the site sad stated that the previous owner had indicated to him that the subject area was in transition and the property would eventually be used for ~omething ©~her than residential use and that he had not been contacted by the previous owner ~o =epurchase Circle Oaks. Mr. Jerry ~arwell, a resident of Centralia, stated he felt someone neede~ to reside on the subject property to maintain it and k~ep it from deteriorating and that Mr. Bryant's proposed use would net be detrimental to the community. MS. Ann Tennille, Mr. John Holme~, S~. ~argaret Rob~rt~on and Mr. ~om Tennflle voiced opposition to the proposed request as they felt th~ ~nbject property should be used as a that to permit commercial nme of the property would set a precedent for future commercial encroachment into an established, single-family nei~hborhood~ that the proposed zoning and land use do net conform ~e ~he ~entral Area Land Use and Transportation Plan; that area residents dC not Want the proposed rise or any ~ype of ~raneition in the eommunity~ end urged the Board to hence the COmmitment o£ th~ Central Area Plan and pro,set the citizens of Centralia. W~en asked, approximately six (6} citizens stood indicating their opposition tO the request and it was noted there were many others in opposition that could not attend the meeting. Mr+ Daniel state~ th~ proposed re,cuing and use do not confer~ to the Central Area Land_ ~e__.~D~__TraDspor~ation Plan; the Planninq Comnig~ion had r~o~%m~nd~d d~nial of thi~ that he had discussed the matter with Mr. Davis~ the previous property owner, who had indicated to him he felt the house could be maintained properly in a residential mode; that it appeared Mr. Davis' and Mr. Waddi!l's interpretations o~ events were substantially different; that the opposition outweighed the proponents; that he saw no parallel of this request as compared to ether similar requests; and that ba~ed on the land use issues, at the appropriate time, he intended to rece~msnd denial of the ease. Mr. Mayas stated he felt the proposed request is an intrusion of business into an established community and that there was ne way ha could support the request. 7125190 Mr. Applegate minted it had been pointed out several times that a land use and transportation plan is merely a guide in the Board's decision-making proc~ S%a~ed %hera are already two established businessee in the area so the encroachment appears to hav~ already hagen; no~od that he had been oontacte~ by the Historical Preservation C~nm~ttee which appease to be in favor oi the request; stated, however, the County cannot continue to purchase historical landmarks but could encourage thei~ preserva~i0n; and indica=ed ~hat, at this point, he would wait for other Board members to corm~ent. Mr. Sullivan expressed concern regarding the long-ter~% future of the historic area as well as the eubpect structure: thac he was convinced that at some time the only way that historic area residents~ he would support ~heir efforts in that it may be appropriate to deny thi~ ca~ at this pein= and provide the s~a~ed he had declared conflicts of interest when appropriate agree that his voting on the subject request was morally and their feelings regarding protesting their co~unityi that he viewed this as a situation wheYe if the property were purchased it could be maintained either for residential use or appeared the majori=y of the soard wac in favor of denial but impacted i£ the ~oard were to approve the request. ~r. Daniel ~ta~ed ho would like to have staff meet with the as Occurring o~er the next five {5) years that will impact the area and offer the residents an opportunity to participate in Abstention; ~r. Cnrrin. The Board directed the County Administrator to take the Centralia Road area. 905~0197 In ~atoaca Nagisterial District, ~EORG~,~NA ~. ~1~ re~uesteO amendment to previously granted zoning and Conditional Use (Ca~ 78S077) r~lative to signs. The density of the proposed amendment will be controlled by zoning condition~ or Or~ina~6e etandard~. Tho Comprehensive ~lan designates the property for office development with density to be determined by development regulations. This request lies in O~fice Business {0) and Agricultural (A) Districts on an 8.0 acre parc~l fronting approximately 660 ~eet on the north Iin~ of Ironbridge Road~ also fronting approximately 315 feet on th~ Wes= line of Chalk!ay Road, and located in the northwest quadrant of the ~r. Jacobsen presented a summary of Case 90SN0197 and crated the Planning Commission recommendeO ~pproval of the request, 90-§97 7/25/90 subject to a single condition restricting signaga alon~ Chalkley Road. Mr. Gecrqeanna tyne stated ~taff'$ reconmmendation to comply with Emerging Growth Standurds with no exoeption~ was acceptable. Mr. Phil Cunnin~ham expressed concerns that the subject property ,could be, subdivided, ~hat each parcel could potentially have its own sign which would establish proliferation of signs along Chalkley Road, and stated he praforred not to have any such signs along Chalkley Road, When asked, Mr. Jaoob~on b~icfly e~plained the Emerging Growth Standards and what those standards would permit the applicant to accomplish. On motion of Mr. Mayas, seconded by Er. Appleqate, the Board approved Case 90SE0197, subject to the following condition: For the purpoeas of determining signage, the Agricultural (A) parcel shall ba considered to be zoned Office {0). Signs shall comply with requir~nts of the Zoning Ordinance, Section 21.1-265, 21,1-26S, 21.1-268 ahd 21.1-269, (NOT, S: A. This condition Condition 4 of Case 78S077. B. Except as noted herein, all conditionm of zoning approval for Case 78s077 ~emain in effect. C. Prior to erection of any signe, si~n peri~its must be obtainzd for any signs in excees of six (6) square faut in urea.} Vote: Unanimous ~r. Currin no%ed tha~ i= had bean brough= ~o his attentioa that at the J~ne 13, 1990 BOard meeting he had voted on Aqenda Item, Item 13.E.l., State Road Acceptan0e, r~lative to Rivers Band Subdivision. He stated h* wished the rmcord to r~fl~¢t that he reads the agenda prior to all meeting~ and makes avery effort to declare Gonfli~ts of iDterest where applicable to him; howevert State Road Acceptance items ere not specifically listed out during %he meeting and he was therefore unaware that he was voting on matters relating tc Rivers Bend. intentional and he intended to review thm videotapes of the 12. ADJOOI~T~7~T On motion of Mr. Daniel, seconded by ~r. Applegata, the Board a~jcurnad at ~:30 ~.m. until 7:D0 p.m. on August 21, 1990, at Lloyd C. Bird Eigh School Auditorium. Vote: Unanimous ~ P Curr~n~ ~r ~ Chairman 90-598 7/25/90