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03-25-1992 MinutesBO~.D OF SUPEI~V~SO17~ ~H 25~ 19~2 ~pe~rvi~or~ in Attendance: Mr. Harry G. Daniel, Chairman Mr. ~_hur S. Walren, ¥i¢a Chrm. Mr. Edward B. Barber Mr. Whal~y ~. colbert Hr. J. L. Mc~ale~ III Mr. Lame ~, R~m~ey County Adnln~stratsr $ta££ ia Attendance: A~=. to Ca, Admin./Dir., Office on Youth Co~mis$ioner of Revenue Asst. CO. Admin., Intergovern. Affair~ Mr. William D. Dupl~r, ~uil~ing official C~i~f RObert L. ~an~, Fire DeDa~tment Mr. Bradford S. Deputy CO. A~in., Management Dir., G~nerul Mr. Tho~a~ ~. Jaoobson~ Dir.,, Planning ~ntal Heal~/Retard. Ms. Ma~y LO~ Lylx, Dir., Accoun=ing Mr. Robert L. Masden, Deputy CO. A~in., Dir., Transportation ~r. Richard ~. ~cElfish, Dir., E~v. Engineering Mrs. Pauline A. Mitchell, Dir., Mews & Public Col. J. E. Pit.an, Jr., Planning M~. Richard F. Sale, Deputy Cu. A~n., Co~ity Development Soclal Serv~c~ Mr. M. D. Stit~, Jr., Dir., Sheriff Clarenc~ William, sheriff's DeDa~tm~t 92-207 Mr. Frederick Willis, Jr., Di~.l Human Resource Mgt. Ms. ~udy L. Worthington, Circuit Court Clerk Mr. bahia1 called the repularly scheduled meeting to order at 3:05 p.m. (EST). On ~otion of Mr. Colbert, seconded by Mr. Mc~ale, the Board suspended its rules to adopt the agenda as presented since it was not in sequence per the Board's adopted Rules of 1.A. NARC~[ 5, 1992 On motion of Mr. Colbert, ~eoonded by ~r. ~¢Hale, the ~oard approved the minutes of ]4area 5, 1992, as submitted. Vote: Unanimous 1.B. }~a~R(3H 11. 1992 14r. Daniel clarified the intent of a statement made at the Hoard meeting on Herch 11, 1992, regarding the Circuit Court Clerk's Office ~eqnest for it~ employees to participat~ in the County's Personnel System. Mr. Warren indicated he felt the inten~ of the request approving the Circuit Court Clerk's Office participating in be ra£~ected a~ such. Mr. Co,bert, the Board approved the ~inutes of ~mrch 11, 1992, vote: Unanimous CH 12 1992 On motion of Mr. Warren, seconded by Mr. ~arber, the Board ~pproved the minutez of Mare~ 12, 1992, as s~bmitted. ~ote: Unanimou~ Chie~ =an=s s~ated Hr. Barber had recently assi==ed in extinguishing a fire at his nelghber'~ ho~e a~d due to hi~ actions, had prevented the £ire from dolnq grea~er damage by holding it under control until the flrefighters could art{ye. He exprasee~ appreciation to Mr. Father and presented him with Ms. Lynda Furr, Assistant ~orgeney Services cost,ina=or of the Fire Department, presented a brief overview on the County's emerq~n~y op~ration~ plan amd recent exercise disaster. She noted she would be presenting the Beard with a 92-208 3/25/92 participation in the exercise and their ability ho respond to Mr. Warren noted he had a=tended numerous meetings and stated be and~. Co]bert would be co-sponsoring a joi~t ¢OnStituent~ meetin~ on April 6, 1992 with the topic being the budget, environmental activities as it relate~ to Swift Creek Reservoir and functions of the Trea~ur~'~ Office. Mr. Colbert stated he had attended n~meroUs meetings including had been discussed. He further stated a program entitled "Don~t Feed the Lake*~, sp0~sored by the County Extension Service, would be held on March ~, 199~ at Clover ~i~1 ~igh School and en¢ouraged all =o partiolpate in this event. Mr. ~csale ~tated he and Mr. Colbert had attended an industry b~eakfa~t meeting with several medium-sized indua~rle¢ at Virginia Powar'a training facilities in Bermuda District and he felt it Was an opportunity for the County to tour the facilities of t-here companies; that he had elm0 to, red the WACO Chemical Company and the Primary Oil Company; and had held ~is ~0nt~hly constituents ~eeting in Which the topic had been the proposed Jefferson Davis Highway Corridor Plan. Mr. Barber stated he had attended a Taxicab Advisory Committee mae=lng in w~ich t~ey had discussed addressing ordinances which would place the ee%n~y in compliance with it~ neighboring corm~nit~e~; that he had represented the County at Dhe ¢ov~rnor'~ Commission on the "Dilllen Rule" on Local Government; and that he had aI~o attended a cltlzens~ meeting %0 consider initiating a ~MCA in Kidlnthian District. He meted ~is "Firut Monday" constituent's meeting would be held April ~9, 1992 in which the topic would be economic development. Mr. Daniel stated he had attended th~ Richmond Regional Plan~ing bia~ri=t Commission and Metropolltan TranSportation Planning Organization meeting in which the focushad been on ~he ramtru=turing of the planninq 0rganizatione; the Metropolitan Economic Development Counoll Board of Directors meeting; and had alee attended a dinner and tou~ of the Bensley Fire Station and noted the need for reDalrs at the Stahlon. He noted the Arts Council of Richmond was sponsoring a children's art festival at Falling Creak Elementary School on April 4, 1992 and s~bmitted to the Board, bookanarks announcing the event. 0n motion of Mr. Warren, =mcond~d by Mr. Colbert, thc Board ~usan Harris, Item 8.B.4., Mr. Phil Spa~ and Item 8.B.5., and G~ for Various Sports Ctu~ and P~o~s %o follow It~ I3., Re~olutions and Special R~cognitions; a~de~ Item 6.C.13., of aarbour Points Parkway and Route 360 to follow Item 6.C.12.c., Acceptance of a Parcel of Land along W~st Hundred Road from Rudy L. ~awkins Electrical Contractor, Inc.; and ~dded Item 6.C.14., Resole%ion ~upporting the Brondcast of cable Televisi0n Service~ U~ing Teleco~unica~i0n.Networks to fo~low Item ~.C.13. and, adopted the agenda, as amended. Vote: ~a~i~uu~ 92-209 3/25/9~ 5.A. V-A~I,~F.A D~AI~T~TOFTRANSPO~TATION 199~-93 PFcT)~ARY I~OAD FUNDING ~. McCra~k~n pre~nted an overview of the p~ima~y allocation heaxing which would ~e held by ~e Virginia Dspar~ment of Transportation ~VDOT)~ the curr~nt primary allocation process used for ~he ~istribution of trust funds; th~ ourren~ T~an~por%ation Trust Fund distribution formulas; ~e distribution of highway transportation Trust Fund revenues including %he urban system, s~condary system and net prima~ system; the development of a ~ix year plan for the ~econdary pr~r~m; and ~e construction improv~en= pro. am for ~e Ri~mond District including public traosit. loss in r~v~nue from the toll~ on Interstate 95 would have on Mr+ McCracken reviewed 1992 t~ical road censtruction costs; VDOT~s FY91-97 primary interstate six year ~on~truciion plan; ~e new f~d~ral transportation bill and how it would impact priority list for highway project~. priority li~t f~r highway project~; the estimated costs for th~ highway project~ and, ~Declficaliy, the Route 360 widening project; and the adopted priority li~t v~r~u~ ~taff'~ reco~ended priority list. ~, Daniel instructed staff to reco~end to the Board a list of those highway projects which could e~edited and to relay ~en asked, ~. ~cCracken s~ate~ the ~n~taltat~on of streetlights on Route 1, between Chlp~enham Parkway an~ ~. MOHal~ stated he felt this section of Jefferson Davis ~ighway was a serious safety hazard and requested ~e Board Co con~ider e~editi~g thi~ ~roJ=ct on the priority list. The~e wa~ ~onslderable discussion relative to installing the ~%re~tllghts on Jefferson Davis Highway ~ue to h~mlth, =afety and welfare reasons; whe~mr VDOT WO~ld f~d a ~eq~e~t for stxeetllghts in gen~rai; and the f~s availa~le ~n ~e Be~uda and Dale Di~trictz Road and St~eetlig~t Funds. O~ ~otio~ of Mr. War~e~, zecunded by Mr. Barber, ~e Board approv~ th~ priority list of ~ig~way p~ojucts, as ~und=d, and approved t~e public heuring stnt~t regarding pri~ and in=era=ate roa~ const~c%ion need~ for t~e Co~ty. (It Route 1, b~tw~an Chip~enham Parkway and Kings~ale Road, wo~ld ~ addressed wi~in the ~blic hearing statement and not included on ~he priority llst.} Vote: Unanimous lights on Route 1, between Chlppenhan ~arkway to Ki~g~dal~ Read, would be brought to the Board ~der the Capital Improvement Pr~ram at th~ ~oard ~ePting oa A~ril I, 1992. ~e indicated s~aff would prepare a statement to ~OT re~esting 92-210 3/25/92 Hr. Jeffrey MincJ~s, bsputy County Attorney, preeente~ an overview of the existinq franchise agreement with Storer Cable; the local regulation of Oable television; the history of the County's cable ordinance and franchise agreement; the Cable TV Act sf 1984; the franchise renewal process; the proposed franchise renewal action plan and the issues to ~ service standards and other standards whi:h would assist the County in providing quality service at reasonable rates; the County'~ abillty to regulate ra~es established by storer Cable~ the methodology used by Stsrer Cable in expanding its s~rvice area~ within the County; the increase in rates versus the increase in costs; and available dis=lo,ute methods to ensure public awareness regarding rate increases. Mr. Daniel instructed staff to develop e h~tory ~etailing the past and present cbannei offerings by Storer Cable. F~r. Minck~ reviewed the ~ane~i~e ~ene~al action plan and the appropriate process ts follow to begin addressing the eem~nity needs assessment; the appointment of a ¢itiz~ns' cs~mittee to ~artioipate in the community needs a~essment. He stated ~taff wa~ requesting tho Board to approve the recommended action plan in order to begin the proces~ outlined. There was brief discussion regarding the implmmentation of a citizens' eonmittee and its defined ~esponsibilitie~. M~. Daniel i~tz~/eted stuff to review the County's proposal with Storer Cable. On motion of Mr. Barber, seconded by Mr. Warren, the Board approved the franchise renewal aetlon plan; authorized the setting OS two public hearln~s for the oomm~nity ~e~ assessment; and the appointment of a citizen~' committee to ~articipate with County ztaff ~n preparing t~he semi,airy needs assessment. (It was noted the composition of the committee would he decided at the appropriate time.) Vote: Unanimous ~.A= ]~ORT ON COMMISSION ON SOIL~ AND FOUNDATIONS ~r. Sale introduced ~r. aobert olean, chairman o~ the Commission on Soils and Foundations~ and stated he ~oUld be updating the ~oard on th~ status of the commission. Nr. 01sen presented an overview on the Co~iesicn's ~issicn and vision statements including making recommendations to assist homeowners who have been impaote~ by soil and/or ~tructural problems; the proce=~ for gathering information for causiv~ fa~tore relating tQ the oonoerns under review; making recommendations to predict and prevent soil and structural related failures from occurring~ investigating ooncern~ objectively; encouraging and supporting cooperation; using the most oompetent resources available; focusing on benefits; using oonstr~¢tive motivation; emphasizing responsibility and aooountability; co~ununioating openly and honestly; and maintaining and supporting the highest self esteem for individuals and groups. He reviewed information received by the Commission and the average cost of repalr~ to homes experiencing ~oil related problems. 92-211 3/25/92 ~he~e was brie~ di~euesion relative to the number of homes impacted by shrink/swell soils conditions and %he average oo~ ~ir. Olsen stated the Cc~%mission was addressing different aspects of financing and developing a concept for a ratief fund; the investigation and feasibility Of a public endewnent fund; a ceY~binatisn insurance fund; and the possibility of e government building industry fund or one or a combination thereof; and addre~sinq the cause of fa~to~ retati~g to the soil concerns under ravlew. Be reviewed their recommendations such as increasing the ~embership in the Panel from th~ present five me,ers to nin~ members t0 inGlude a soils scientist, u realtor/developer, ~ ~i~i~en at-large ~d a mortgag~ banker~ re~esting ~he Beard to instruct the Building Inspection Department to cite all Building Code violatlon~ fo~d ~ a ho~eo~er or discovered ~rough the normal course of inspections regardlenE of the ag~ of the h0~e; requesting any soil related problems noted in the subdivision review process be addressed in the conditions of ~onlng se=tion rather than ~e n~te section; r~est~ng the Boa~d ~tudy and i~pl~en% a problem soils ordinance similar to s~ctlon 107 of the Falrfax County Code and includim~ geote~ical guideline~ outlined in Article IV of ~he Falrfax County P~llc Facilltie~ pr0~eo= all the citizens of the County. Co~ssion'~ p~oce~s of dete gathering; whether the Co~isslon was s~ject to the rules on disclosure per the Freedom of I~fo~a%ion Act; wh~ther the co~ission provided p~i~hed agendas for each m~etln~ and whether ~ve~ ~u~ addressed by ~en a~ked, ~. Olse~ ~tated the reco~endations su~itted by the Co~ission had b~en voted on and be ~ett it woul~ be feasible to report back to =he Board wi~h a d~ta~led ~tudy plan in approximately four to ~ix weeks. st~ct~re of ~e Co~ission and their reco~endation to implement a problem soilm ordinance ~i~ilar ~o Fairfax C~unCy. Mr. Bmrbar ~nst~cted staff to review ~* ordinance adopted by Palrfax County and report tO the ~oar~ on its applloatlon to Che~t~fiel~ to review ~ reco~dation~ by the Co~ittee regarding ~e imple~e~t~tio~ Of a Statistical database and whether zoning condlti~n~ and, ~n pa~icular, as ~ey related regarding soils as it related to con~t~cti0n. ~en asked,'Mr. Olsen ~tated citizen ~es we=e protected when providing info, etlon to the Co~isslon. ~mplementation of a problem soil~ ordinance as such ~n ordinanc~ would protect and serve the public. procedur~ policies and legislation to prevent these types of Co~i~s~on ~ho~ld include other professional levels of expertise to provide adequate representation for all citizens. ~en asked, ~. Micas stated un,er the existing ~uil~ing cede, all foundations must be constructed and designed to be consistent with soils oonditions =nd provide protection for those subject to special ~oil~ conditions. He noted th~ existing BoGs =ode, would re~ire ~e developer ~f Magnolia with soils uondi=iuns. 92-212 3/25/92 Mr. Daniel instructed ~taff ts ~eview the conditions of the ~agnelia Green zoning requast and ensure the applicant was conditions. 6. B. APPO171~T~S appointed Rs. Jill Quinl~y~ ~4p~nting ~idlo~hi~n Di~ri~t, to serve on the Solid Wa~t= co~ittee, whose term is effective ~ediately and will expi~= December 3~, 199l. Vote: Ununimous 6.C.1. DONATION OF ~35.GO0_TO BON AIR VOLUNTEER FIRE 0n motion of Mr. McHale, seconded by ~. Colbert, ~e Board ~e County's contribution toward ~ P~9~ to ~ p~ased by Bon Air Vol~teer Fire Department. (It is noted the wolun%~er~ anticipate working towards th~ balance ~ needed f~ds wi~in the next two 6.C.2. P-VPROPR~ATION OF (~{I~12 DA~ CARKANI) DEV~LORM~N~ On motion cf Mr. ~cHale, seconded by ~. Colbert, the Board acoept~d the ~hild Day ~are an~ Development Bl~ck ~ amount of $93,094, and appropriated ~ai~ amour to the enhance the existing Day Care F~e $y~m -- 80 percent for enhanc~ent; and 7 pero~n~ for loQal County (It is noted since all of the a~inistrativ% f~ding applied to Social ServloeE operations, costs incurred by County Eupport departments ~uch a~ accounting, legal and acQount~ pmyable will be absurbed in ~mlr existing budgets.) Vote: Unanimous 6.C.~. A~i'aORI~ATION T~ PERMIT 'l"WE T~%~YTR~R ~ I~]DERTA~R ~HORT-TI~{M Ih'~'~_TI{ ..T_..,~A.N BORRO~ING~ FOR CASH FLOW and the rate of interest as determined is in compliance with which loan~ would be negotiated, as headed, to pay opera=lng mad~ from moneys held in various County f%~d~ including Capital Maintenance Project~, Ri~k Management and I~ternal $~rvice Funds to be repaid prior to June 30, 1992. On motion of Er. ~cHale, seconded by Mr. Colbert, the Board approved request~ for ~ingo/raffl~ p~r~its for the fei!owing organizations for calendar year 1992: O~C~ANIZ~TION Swift Creek Elementary School PTA Midlothian Rotary Club Cavalier Athletic Club Vote: Unanimous TYPE Bingo/Raffle Raffle Bingo ~.O.6. ¥IKGINIA DEP~ OF TRAN~-POR~ATI(~/~ 1992--92 ~TXW~_A~ON~G Hr. R~m~ey ntat~ at th~ work ~e~ion earlier, th~ Soard had approved am ~u~ended priority list of highway pro3ects amd an ~men~ed public hearing ~tatement regarding primary and set the date of April S, ~992 at 7:0~ p.m. for a public County of ~esterfi~l~, 197~, ~ am~nd~ b~ am~ding and incorporation u~ all driving violations into the County On motion of ~Ir. ~c~{ale, ~eoonde~ by Mr. Colbert, tho set %he date of May 13~ 1992 at 7:00 p.m. for a public hearing to con~ider the prohibition of any through truck or truck and trailer or semi-trailer combination except a pickup or panel truc~ from using 01d ~undred Road (Route 6~2) b~tw~en Ganitu Road (Route 6~4) and Bull Street Road (Route 360). (It noted the recommended alternate route would be ~enito Warbro Road end H~ll 8tree% Road.) 6.C.?.C. TO CON, IDEK A$~GN~qT OF A WOOD WASTE CONTIiA~TA~D]/~TR¥ I~A USE 0n motio~ of ~. KcHale, seconded by ~. Colbert, the BoaTd set the date of April 8, ~99~ at ?;00 p.m. for a public contra:t to the Central v~rqinia W~ste Management Au~ority 92-214 3/25/92 permit the County to continue to use the services o£ the Vote: Unanimous ~ 21.1 ~ ~ING ~G IN ~e~t~rfi~ld, 197S, ~ amended, by ~n~ing ~e Or~inanc~ adopted April 12, 1989, adopting Chapter 21.1 ~nd ~ending Chapte= 21 and by amending an~ reenacting S~cbions 21-67.12, chap=ers 21 an~ 21.1 and clarifying wording in C~apter ~1.1 and an ordinance to amend ~e Code cf th~ COuD~y Chesterfield, 1978, as amended, by amending and 21.1-25~.9, 21.1-266, ZI.1-267, 21.1-2~7.1, ~1.1-~75 and 21.1-~81 revi~ing %h~ villaqe development standards and outdoor advertising sign standards. Vote: Unanimou~ ZONING ORDINANCE STANDARDS FOR B!?.?.~OA~DS TO After brief discussion, on motion of Mr. McHale, seconded 'by Mr. Colbert, the Board referred to the Planning Commission, for a ~ubli¢ hearing and recommendation, the current zoning ordinance standards for billboards. Vote: Unanimous SYSTEm, S AND B~T ~ANAGEMENT P~ACTICE FACILITXE9 6.C.9.a. ANTLER RIDGE. SECTION 5 On motion of Mr. McHale, seoonde~ by Mr. Colbert, the ~sard authorized the county Adninist~ato~ to execute an Agreement for ~aintenance of a stormwater Drainage systea~ and Be~t M&~ege~e~t P~aetiee Facility with Mr. willium B. Buval, the developer oS A~tler Ridge, Seutlon ~, with the County's only ~nvolv~ment being to a~sure the Maintenanc~ Agreement is followed by the owner as apDrowed by the County Attorney. On motion of Mr. McHale, seconded .by Mr. Colbert, the ~eard authorized the County Administrator to execute an Agreement £o~ Maintenance of a ~te=mwater Drainage System and Best Management Practice Facility w~th Mr. Gle~ N. ~itl, the developer of =xbury, section 2, with the Connty'~ only involvement being to assure the Maintenance Agreement is 92-215 ~/25/92 JJ ..................I ............... ; ..... ! I .......... followed by the owner as approved by the County Attorney. (Zt is noted a copy Of ~he pla% is filed with the papers of this Board.) Vote: Unanimous O~ notion Of ~Lr. McHale, seconded by ~Ir. Colbert, the Board authorized tJ~e County Administrator to execute an Agreement for Maintenance of a Stormwater Drainag~ System and Best F~lnagement Practice Facility with oliver D. Rudy, Trustee, the developer of The Highlands, with the County's only involvement Ling to as~u~e the Maintenance Agreement is followed by the owner as approve~ by the County A~turney. Vote: Unanimous On me,ion o~ ~. ~cHal~, seconded by Mr. Colbert~ the ~oard an~orized the Chai~an of the Board and the County A~inistrator to exeout~ an ea~ent ~greement with Virginia ~lectrlc and Power Company to iu~t=ll uader~o~nd cable within a 15 foot easement for the Central Library Addition. 6.C.lO.b. ~A~ ]~LTR/M~TALRETARDATIONST;BSTANCBAB~SB ..BUILDING On ~ot~on of K~. MeHale, ~econded by ~. Colbert, the ~oard ~orize~ the Chai~an os th~ ~oar~ and the County A~i~ist~ator to e~ecute an ~as~e~t agreement with Virginia u variable width easement for the new Mental ~alth a~ Mental Retardation building. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimong D~" ~ ~ After bri~ di~cu~slon, on motion of ~r. ~c~al~, ~econ~m~ ~y ~. Colb~rt~ ~e Board accepted ~e donatio~ Of a 1.276 acre parcel from Air Products and Chemicals, Inc., on behalf of ~er~iel~ Historical Society, w~ic~ parcel contain~ the ~arthworks of a significant C~vil War fortification and au~orized the County Administrator to execute the de~d. (It i~ note4 the Ch~s~erfiel~ Historic Society agreed to maintain and provide interpr~tatioR services for the Vot~: Unanimous 6.C.1~. On motion of Mr. ~cHale, seconded by Mr. Colbert, the Board accepted. On behalf of th~ County, the conveyance of a parcel 92-216 3/25/92 of land containing 0.165 acre alonq Cou~thou~ Road from Tru~tes~ of Good Naw~ Free will ~a~tlst churah and authorized thm County Administrator to exeoute the necessary deed. (It is noted a copy of the plat is filed with the papers of this ~eard.) Vote: Unanimous 6.C~/2.3b. ALON~ aU~STRE~TROADFRO~TACOBR~X.~O~ORATION On motion of ~. ~cHal~, ~eco~ded by ~. Colbert, the Board accepted, on behalf of the County, ~he oonveyanoe of a parcel 0f la~d containin~ s52 s~ure feet along Hull Street Road from Tao~ ~i1 Corporation an~ authorized the county Administrator pla= is filed with the papers of ~is Board.) Vote: Unanimous 6.c-~2-c- .i~L~.~_.WESTHUNDREDROADFROg RUby L. HAWKINS accepted, on behalf of the C0~nty, the conveyance of a pa~oel L. Hawkins Electrical Contractor, Inc., and authorized the noted a oopy of the plat is filed with t. he papers of Boa~d.} Vote: Unanimous 6.C.13. R~O~RST T~E~-/R~INI%_D~PARTMENT OP ~ATION TN~ A ~IC SIGN~ AT ~ T~ION OF On ~otion ~ ~. ~Hal~, seconded by ~. C~lbe~t, ~e B~urd appropriated $75,00~ from the State Ro~d Improv~ent Account ~or ~e ~nstallation of a traffic ~i~nal at ~ int~section of Harbo~ Points ~arkway and Rout~ ~60 and adoptm4 the following resolution: ~S, the Harbou~ ~ointe Parkway/Route 360 int~rsectlon is unsa~ due to the h~gh volume and h~gh of v~icles using Rout~ ~60; and ~EAS, citizen~ have requested tke County and the virgiDia O~par~men~ o~ Trans~ortatlon {VDOT) to install a WH~S, VDOT has conducted a traffic Eignal ~te~ined ~at a ~ignal is warranted a= ~e inte~seotion; and ~AS, VDOT ha~ advised ~e County that no funds are available for ~e inntallation of ~e t~aI~io sipnal ut this NOW, ~EFORE BE IT ~SOLVED, that ~e Cowry Bo~rd of Supervisors re~ue~tm VDOT ~o i~e~iately in,tall a t~affic signal at the Earbour ~oint~ ~arkway/Route 36~ ~n~section. ~D, B~ IT F~ RES0LVED~ that the Board ugrees to provide VDOT wi~ $75,00S for the installation of ~ with ~h~ understanding that VDOT will reimburse ~ Co~ty ·oon ns fund~ become available. 92-217 3/25/92 B.C.14. ~8OL~TION ~._.~P~O.~TIN~.T~E BROADCAST OF CA~I~ T~.RVI~ION $~R%-/CE~ USING TELECOMMUNICATION B~I~0RKS O~ motio~ of Mr, MeHale, seconded by Mr. Colbert, the Board adopted the following resolution: A REBOLUTION OF THE C~ESTEP~FIELD COUNTY BOARD OF SUPERVISORS RE~ARDING THE PROHOTION OF TELECOMMUNICATIONS ENTEP~RISE IN THE VIDEO SERVICE BUSINESS TO COMPETE WITH CABLE TELEVISION OPERATIONS ~HEREAB, competition is the hallmark of American enterprise and business philosophy; and ~HEREAS, there is a need for more competition in cable television ~ervices as described in a recent Government Accounting office Study of Cable Television Enterprises across WHEREAS, technology is rapidly advancing in the areas o~ telecommunications, data transfer and television through the use of cable, microwaves, fiber optis and ~a=ellite c~unicatiens; and %~IE~EAS, competition can fogt~r more affordable rat~ for services and products procured by the County~ residents; and WHEREAS, County resldent~ de,ire quality televimion choices a~ af£erdable prices. ~OW, THEREFORE B~ IT R~SOLV~D, that the Chesterfield County Board of supervi~or~ support~ competition between ~able providers through the use of tsleoommunloatlon~ technology and the free enterprise system. Vote: Unanimous 6.~.~I~E~ISIONTO 1992 PROC~RES FOR T~E~ONDUC~OF ~. Ra~y s~a~d staff wa~ re~esting ~e Board to revise its Rule~ of ~roce~ures for ~ conduc~ of meeting~ by changing the order of ~e ~re~n~atio~ O~ th~ ~g~nd~. He fur~r Citizen~ on Unscheduled Matters or Claims in the ~. Barber ~tated citizens hav~ exprez~d the ~veninq was moas =onv~ient to attend than the afternoon due ~o work ~chedules and, therefore, hm felt thiz cat~qory of t~ agenda should be heard in~e evening. the afternoon ~f po~ble, but the Board could allow flexibility, when applicable, for thos~ who uoul~ mot ~e afternoon session of the meeting. Afte~ brief discussion, ~. Micas stated the Rule~ of Item 13., entitled Additional Hearlng~ of Citiz~n ~schedule~ Matter= or Clain~ Not Heard at the Afternoon Session. On motion of Mr. Barber, seconded by ~. Warren, the amende~ its 1~2 Rule~ of P~oced~=es to amend Section 5 to be consistent wi~ the following order of ~sin~ at ~2-218 3/25/9~ Beard shall be as follows beginning at 3:00 (a) Approval of Minutes (b) County Administrator's Comments (c) Board Committee Rspsrts work Sessions (f) New County Business (h) Hearings of Citizens on Unscheduled F~tters or Claims (i) Reports ( ~ ) (1) Reselutio~ and Special Reeeqnitions (m) Hearings of citizens on Unscheduled Matters or Claims Not Deferred Public Hearings Public Hearings or Zoning Public Hearings (p) Adjournment 7.A.i. Mr. Barber nominated Mr. Michael Murphy, representing Midlothian District, to ~erv~ O~ the Solid Waste Committe~. Mr. Warren nominated Mr. Bill Barthlow, representing Clover Hill District, to serv~ on ~he solid Waste Commit%ea. On motion of Mr. Barber, seconded by Mr. Warren, the Board nominated F~r. Michael Murphy, representing Midlothian District, and ~r. Bill ~arthlow, re~r~mnnting Clover Hill District, for appointment to the Solid Waste Committee, whome formal appointments will be made at t2%e April 8, 1992 meeting. Vote: Unanimous 7.A.~. ~M~IS~TON ON $0I~ AND FOUNDATIONS Mr. Ramsay stated nominations/appointments to the commission o~ soils aRd Foundations had bae~ defected from the Board meeting on March ~, ~992. He further stated M~, COlbert wa~ also requesting the replacement of his representative tO Commission. on motion o~ Mr. Colbert, seconded by ~Lr. MoHale, thc Board ~e~0ved Mr. Robert Karmas, representing Matoaca District, fro~ the Commission on Soils and Founda=~onm. Vote: Unanimous Mr. Daniel stated th~ Commission had earlier recommended membership to the Commission on Soils and Foundations be increased to includ~ a soils eoientiet; a ~eYa!oper/realtar; a citizen at-large; and a mertgaqe banker. He f~ther stated he felt me~ber~hip ~hould also include other repr~sen%ation es necessary. 3/25/92 Mr. Warren stated he fait a citizen or representative of a oivi~ a~eoeiation should he c0nmidered as well as ene citizen at-large. Mr. Daniel ~tated the commission could be comDrised to include one member from the Richmond Home Builder~ ~00iati0~; o~e m~J~ber from the Chesterfield Buslness Council; a realtor/ developer; a soils engineer/soils scientist; a financial institution/har~er; a civic association representative; a citizen at-large or an attorney for a total of twelve members including one representative from each di~trict. F~T. B~rber stated ~e felt twelve was ~ large committee and the member from the Chesterfield Business Council could also be a representatiYe of one of those designated suc~h a~ the tie vote~. There was bri=f discussion relative %c the appropriate nu~er On m~tion of Mr. Warren, seconded Dy ~. Colbert, t~e B0a~d e~anded .~e me,er=hip to the Co~on on ~o~]= and soils engine~r/~oil~ scientist; a financial institution/ banker; a ~ivi~ a~oclat~on representative~ a citisen at-large representat~v~ from each district. ~. Daniel ~tat~d reco~endatlcns for name~ to serve O~ the co--lesion, including a representative for the ~atoaca District~ would be adverted at th~ Board m==tlng on A~ril 1992 and inst~cte~ the Co~ty Admini~trat0r ~o send a ~suuiatlon of R~ond requesting th~m =o submit the name of a representative for 7.B. ROu,cg 360 F~FJ.D~ING (FRq~ROI)TE288 T]~qOUGH 0~ ~o~) Transportation (V~) to tran=fer R~utm 288 Worth d~mign funds to a Route 360 design Droj~t. H~ ~Oted this re~e=t had been deferred from %he ~oard meeting on MaTC~ 11, 199~ and s=aff had reviewed ~i~ project earlier at ~e work After brief di~e~i0~, on motion of ~. Warren, ~s¢ondsd by ~. Colbsrt, ~e Board authorized the County A~inls~ator enter into contract~ wi~ ~e Virginia Dep~r~en~ of Transportation and/or private con~ultant~ for ~e desi~ of the Route 36~ project and adopted th~ follQwing resolution: ~ER~S, traffic congestion on Route 360, from the Old o~¢atu~ an unsafe condition; and ~S, ~i~ congestion i~ expected to grow worse in Suture; and ~S, ~mst~fleld County and ~e Virginia Department of Trsn~po~ation (VDOT) flnance~ with "revenue shying" the design of Route 288 No~th from the Powhite Parkway to the Powhatan County llne; and 92-220 3/25/92 WHEREAS, the balance of ~l~e ~revenue sharing~ fundm the Route 288 North design project is approximately NOW, THEREFORE BE IT RE$OLVED~ that the Chesterfield County Board of Supervisors requests VDOT to transfer the balance of the Route 288 NOrth "ravenna sharing" funds to Route 960 design project for the widening of Route 360 to eight (8) lanes from the Route 288 interchange through the Old Hundred Road intersection. A/~D, BE IT FURTHER RESOLVED, that the Board requests VDOT's authorization to proceed with the design if VDOT determines that it cannot proceed with the design in a timely fashion. Vote: Unanimous ?.C. LEASE OF REAL PROPERTY AT IRON B~IDGE PAT~ A~D I~Oc~WOO~ OP~TION OF F~D Mr. Nagden ~tated the lea~e Of real property at Iron Bridge and RockwoQd Parks to ~m~mrfield Base~ll Clubs, ~nc. for the operation of food concezzion~ had ~n d~f~ed f~om ~ Board m~ting on ~ar~h 11, 1~. Re indicated leases ~i~ of th~ ~leve~ food co,cession stands had ~en agreed to and contracts si~ned. Ha no,ed staff had attempted to contact ~e attorney representing ~esterfleld Bas,ball Clubs, Inc. the attorney representing CBC but ~taff ha~ b~e~ ~able to reach the attorney to this date. Dis~s~ion, Co~nts and questions ensued relative to t~ of ~ County's leas6 and the County's ability to the concession stands if necessary; ~e difference i~ C~C~u all the leases ~hould ~e n~e~ of year~, wa~ a large-scale operation and was co~itted therefore, he felt the lea~e zhould b~ extended for already signed contract~ could be given the ~ame option ~d, therefore, ma~e a motion, ~econd~d by Warren, for the Board instruct ~taff to ~odify the existing leases to confo~ tQ ~e Discussion, co--eats an~ ~es~iuns ~n~u~d relative to be uniform; %h~ fo~ula used in the a~signment of fields; other provisions of the coun~y~ lea~$ exolu~in~ ~e three ~en a~ked, ~. Micas clarified the motion would be to approv~ for the operation of food COnCessicn~ at Iron Bridge and ~ockwood Parks ~or a ~ree year There wa~ brie~ discussion regarding the leases already by ~e other athletic a~so¢iations and the option of included all of the County's standard lea~ provisions. 92-221 3/2§/92 Mr. Daniel stated the intent of the motion was to approve a for the operation of food concessions at Iron Bridge and Rockwoed Farks subject to the County's standard provisions and to include a three year option. And, further, for staff to be instructed ~o review the leases already signed and, i~ so desired by the lease holderr to bring back to the Board tho~e ~lr. Micas indicated the appropriate stap~ would be taken if the leases were amended. Mr. Barber clarified the intent of the motion would be to approve a lease of real property to Chesterfield baseball Clubs, Inc. for th~ operation of food ~on~e~nioR~ at Iron Bridge end Rockwead Parks subject to the County's standard lea~ provi~ion~ and to include a th~e~ year option. After brief discussion, Mr. Daniel called for the vote on the motion made by hi~, seconded Dy ~r. W~rren, to approve a lease of real property to Chesterfield Baseball clubs, Inc. for the operation of food eonce~ien~ at I~oo Bridge and R0ckweed Parks subject to the County's standard lease provisions and to i~clud~ a three year option. Vote: Unanimou~ (It wa~ noted staff would review the leases already signed by the other leame holderm and, if desired, would take thc appropriate ~tep~ to amend the leases to include ~e t~me ~26, 1992 ~ ~OR~ OF TH~ B~I~ ~. Earn~s ~tated ha had addr~e~ the Boar~ at its meeting on Februa~ 26, 1992 and had ~ubmltt~d espies of Pla~ing Co~i~on doo~ent~ from 1987; that he felt tho~e dec, ants ~garding conditionE for g~ot~nXc~l ~ngine~rin9 analyses being D~fo~med to det~rmlne fo~dation desiqns for lots with high clay content ~oils had not protected his home ~d eEpressed concerns relative to anfo~c~e~t Of the Building requested %he Board assist him wit~ ~is claim and outlin=d ~e system had not p~ovided ~im wi~ edemata protection and did not ~uel hi~ concerns had been ad~a=~ly a~dr~ =~ ~e full, st pos~ibte ~en a~k~d~ ~. Ramsay stated thc County would, if ~ ~ arrang$ m=~tlngs bmtween Hr. Kamas an~ the builder attempt to neqotiate the repairs and the County was continuing parties. He noted if ~e issue co~ld not bs a~roDrlate legal action would b6 taken ~ ~e co~ty against the builda~. Aft~ b~i~f discus=ion, ~. ~i~a$ stated ~e County would not allow ~e s~a=u=e of limitations to expire and that it was violations civilly before doing ~o criminally. He noted the County ~as ~rrently wafting the results of the appeal by ~. Droce~ which wo~ld be followed by the County if the builder did not take approDriate action. Mr. Karnes stated the meeting of tho Appeals Board had been continued in o~der to seek an opinion from the Attorney General. Mr. Daniel stated the county would take t~e appropriate steps to ensure the claim wes addressed prior to ~r. Litton ~t~ted he had r~ceived a letter from ~e principal a% M~adowbroo~ ~igh Sohool r~es=ing the Board r~ove the baskets from th~ outdoor basketball courts for the remainder of the ~chool year an~ into ~e su~er to acco~odate th~ youth leagues using the baseball field~ during th~ ~u~er as they w~r~ experiencing a high level of foul lan~ag~, traffio and trash fro~ %hose using the ~sketball co~rts. He submitted copies of the letter to the Board and ~tated ~e wa~ also concerned about the assignment of fleld~ and g~s for adult open ~; ~m~ the field~ for CBC had continued to consistently increased but the assignment of fi=ldm an~ ~s ~ad still de0reased; and repasted the Board to conmide~ that he felt the you~ needs should be considered prior to ~e Were being ~sed by ~o~-~e~idents of the Co~ty; and that they were ~e only league within ~he Coun=y which n~d~d to scheduled games fiv~ nightm at week. JIM CLINB ~r. Cline, Second Vice President of Chesterfield Baseball Club~, ~tated h~ had coached baseball for the 9asr six years and was actively involved ~n the youth football program; that h~ wan ~on~rnad an to th~ welfare of the shildren$ that they felt the County ~hould a~ign organized sport activities at the children's respective schools; that they felt the county should provide the necessary field~ and glrm~ for the Children to practice and requested at least one azs~gned field for each qreuD be maintained et all times for games; that h~ was oon=ernsd as to the maln~snance and unavailability cf fields and gyms for use by the children and requested the Board to consider restricting the hours for the use of glrm~ for adults. District Road and Ztreet Light Punds; Lease Puroha~es~ and had formally notified the County of the acceptance of the following ~oad~ into the ~tate Secondary System: 92-223 3/25/92 Route 4949 (Hill Spring Terrace) - From 0.04 mile Northweet Route 494~ to 0.05 ~ile goutheast Route 4948 Route 9~5 - Section 4 of old Route Project 0036-020-102, c501, B601 Route 9S5 - Section 24 of hew COnnection from Route 1121 to O.O~ mile West Route 1121, Project 0036~ Route 627 to 0.03 mile Ra~= new Route 627, Project 0036-020-102, C501, 9601 Route 627 - Section ~7 of new location Project 0036-020-102~ c50I~ B601 Route 627 - Sect{on lB of new looatie~ Project 0036-020-102, C~Ol, B601 Route 628 - Section 16 of new location P~ojeot 0036-020-102, C501 and Route 1107 - Section 20 of new connection from Route 1121 to 0.03 ~le We~t Route 1121, Project 0036-020-102~ CS01~ Rout~ ~107 - Section 21 of n~w loc~tion Project 0036-020-102, C501, B601 Route 1121 - Section 22 of new location ~roject 0034-020-102, C~01, B~01 Route 1121 - Zection ~ of new connection from Route 36 to 0.04 mile North Route 3S, Project DISCONTINUANCE - {E~$ectlve 2-26-923_ Route 627 - Section 9 cf eld location Project 0036-0~0-102, C501, B60~ Route 1107 - Section 12 of o1~ location Project 003~-020-182~ Cso~, B601 Route 1107 - Section l~ of old location Project 0096-920-102, C~01, B~O1 Route 112I - Section 14 cf old location Project 0036-020-102, C501, B601 Route 1121 - section 15 of old location Project 0036-0~0-10~, C~01, B601 Route 628 -- Section 8 of old location Project 00~-020-102, C501, ~601 REN~H~ERING - (Effeotlve~-26-92) Route 986 - Section 10 of old Route 627 from Route 0096-020-102, C501, B601 MAYFAIR ESTATES. SECTION F__t..(Effective Route 4~40 (Lunlay Road) - From Route 2080 to 0.05 mile ~a~t Romte Route 4541 (Diana Wood Drive) - From Route 4S40 to 0.07 ~ile South Route 4542 0.09 Mi 0.07 Mi 0.06 ~i 0.03 ~i 0.28 ~i 0.04 Mi 0.08 Mi 0.0~ ~i 0.04 ~i 0.02 ~i 0.04 ~i 0. ~ ~i o.~4 Mi 0.03 ~i 0.04 M~ 0.09 ~i o.o~ ~i 0.15 Mi 92-224 3/25/92 10. D~NNER ~ On ~otton o~ I.{r. ¢o~ert, secon~e~ hy 1.~. ~ar~en~ tbs ~oa~d rece~¢d at 6:30 p.m. (EST) to tho Administration Building, 0.04 Mi Vote: Unanlnous 11. INVOCATION Hr. Daniel introduced Reverend Nell ~ut~aker, Pastor of Sherb~rne Unitsd Msthed~st Church, who gave the invocation. /Tr. Micas led the ~l~dg~ u~ All,glance to the Flag of =he 13. ~OLUTION$ A~D S~ECLm_L ~COGNITIONS . There were nc resolu ions or special recognitions s~oduled. Mr. Eumber, Vice President o~ ~oolridge Athletic Association, stated thsy and W~odlake Athleti~ A~0cia%ion hud been the County; that ~h~y had approximately twenty-six coed athletic teams and a:ro a~ignmd to only two practice flml~s; ~at they felt thim ~as not ade~at% to m~et the needs of teams; that they were concerned as to the maintenance of field~ and requested the Board to azzi~t in addressing the=e Mr. Dani=l stated th~ Co~ty Administrator amd the D~rector of Park~ and Recreation~would review the conoer~ stated she was opposed to the propo=~d $~.00 Sports fee for use cZ county faci~t~m~ ~hat she felt ~ere wore other options available ~n which the County could rai~ that ~he f~lt these ~acilitie~ we~ al~o bcin~ used by others and not just residen~ of the Coun:y; that she felt mn entry fee into ~e park~ would better serve ~e County and would be an attempt to addres~ non-r~i~ent~ usln~ ~ fa~ilities; and requested the Boa~d ~to consider a park entry fee ~ lie~ Of the proposed $3.00 sports fee. she e~Dr~ed appreoiatlon for the opportunity to add~ the Board and gu~i~d copies her state~mnt. addressed at ~ budget pu~li~ hea~ing on April 1, 1992. 92-225 3/25/92 Mr. Sparks, Secretary of Chesterfield Baseball Clubs, stated they had been in existence for thirty-two yeur~ and were comprised of twenty-seven associations within the elementary school boundaries; that they ~trlve to build character and integrity, teach good sportsmanship, improve the physical fitness of youth, and instill the value of teamwork; that they hays approximately 1300 persons who serve as volunteers; that they were concerned as to their relatienehip with the Parks and Recreation Department and felt they needed to work together in order to address the concern~ expressed; and consideration be given to increasing the number of fields for CBC. M~. Daniel stated the County Administrator would review the H.B.1. I~R. DONALD L. UNNUSSIGG Hr. Unmus~igg, President of Chesterfield Baseball Clubs, e~ressed appreciation ~or the opportunity to addres~ the Board and stated he was concerned a~ to the number of teams~ available f~elds and a~sign~ent of fields and he was also concerned a~ to CBCt~ l~a~e for the ~e Of the concession stands at Iron Brid~e and Reckwond Parks. ~e noted appro×i~ately fifty persons were presen~ fr~m CBC. When amked~ he state~ he was co,corned as to the provision in the le~se which would allow tho County use of their faailities and There was brief discussion r~Iativ~ to the lease for CBC and it~ provisien~. Mr, Danlel disclosed to the Board that he was an alumni of Chesterfield ~aseball Clubs. ~ir. Warren stated CBC had contributed significantly to the County and had been in ex~steno~ for a number of year~ and, therefore he felt their concerns regarding th~ lmam~ mhould bo addressed a~oordi~gly. Mr. Colbert noted there wer~ approximately nin~ fields in Matoaca District which he felt were net being utilized by the MT. Daniel stated the County Adniniztrato~ would ~eview the concerns adctressed and meet with the administration of the youth organization if necessary. 14. PUB~.TC RF/iltI~G$ Hr. H~mmer stated this date and time had been advertised for a public hearing to consider an ordinance relating to business itinerant merchants. He further ~tated provisions of the current ordinance were difficult to enforce a~ the proposed ~lr. Bill BerRer, Vice President of Public Affairs for the Retail Merchant~ A~ooiatio~ of Greater Richmond, stated they ordinance wa~ difficult to enforce regarding road-side 92-226 3/25/92 vendors; that they felt the p~oposed o~dinance would ensure accountability and enforcement; that they felt the proposed f~ was acceptable and, therefore, requested ~he Board ad,pt Nr, Norton Thalhimer, Jr., Chairman of the Petersburg Pike Drive-in Corporation, stated he was actively involved with the Bellwood Flea Market and was concerned aa to the impact the a variety of license fees should be e~tabli~bed; that the Flea Market had been existence of a long period of time and attracted various businesses throughout the Stat~ as well as neighboring states; and that based on the average sales at the Fleu Market, he felt the $10.00 fee would be inappropriate. ~e expressed appreciation ~o the ~oard for the opportunity to address their concerns and requested the Board to decide a fee in the best interest of all concerned. There was brief discussion relative to the rate~ char~ed to vendors of the Bellwood Flea Market; the n~mber of vendors usinq the Flea Market for a weekend period; the average total sales for v~ndsrs a~ the Flea Market; an~ whether the rate for vendors at the Flea Market had increased in the past. opportunity to address his concerns and su~mitte~ a petition opposing the proposed ordinance and stated he felt the proposed $i0.00 fee was excessive; t. hat the merchandise sold at the Flea Market varied; and that the Flea Market attracted a considerable amount of business for the County. T~ere was hrie£ discussion relative to the number of vendors of the Bellwood Flea Market per weekend and the number of patrons; the other contri~utlons attributed to t~hs operation of the Flea Market such as attracting patrons for various other businesses within the County; and the reliability of the Flea Market in validating license taxe~. ~en a~ked~ Mr. Clin~ ~tated he felt a $,~0 fee per vendor would be appropriate. M~. ~ary May, representing Baseball World Cards and Collectlble~, sta~ed she her husband were promoters e£ monthly sport~ card shows; that she waz in favor of the proposed ordinance but felt the proposed $10.o0 fee was excessive; that a flat fee would batter ~erve th0~e imtereeted; and that the pro. felon to allow the sale of ~old" and "new" merchandise Shonld be ~et at an equitable tax rate. When a~ked, she stated she felt the same fee should be resulted for all There was brief discussion relative to fee~ charged to venders to conduct baseball card shews; the average ~mber of venders at th~se types of ~hews; and the definition of "old" and "new" merchandise as ~t related to baseball cards. Mr, David Moore stated he was not a resident of Chesterfield County but was an active hobbyist dealing in =radimg amd ~elling baseball cards; that h~ w~s opposed to the proposed $10.00 fee as he felt it was excessive; that he. was concerned a~ to the process which would be used in collecting the fee; and that he felt the ordinance should remain a~ i~ wit2% =he ~xception of defining the word "new" when referring to merchandise. F~. George ~eadles ~=ated he felt th~ proposed $10.00 fee should be assessed on a quarterly ba~i~ rather than a per event basis; =nat the promoter of the events shonld be required to collect and remit the money to the County; and that the County should review bus~nes~ licenses and develop a method which woul~ encourage generating business within the County. 92-227 3/2D/PZ Mr. Gene Mccord stated he had been a resident of the County for fifteen years; that he was an active sport~ card hobbyist and attended baseball card shows sponsored by Ms. ~ay; and that he felt children should be afforded the opportunity to participate in hobbies with the least amount of cost. There was brief discussion relative ts charge~ impo~ed by surrounding jurisdictions £er sinilar events. Mr. Bishop stated he was a resident of Dinwiddie C0un~y was concerned a~ to the impact the proposed les would have on the Bellwocd Flea /{arket; that ha ~el% many of the users of the Flea Market were purchasing needed items and, therefore~ requested the Board to deny the ordinance. h~a~ing was closed. ~en ~sked, ~. Micas stated Mr. Daniel did not have a conflict Of interes~ ai~ough he had been a fo~ar baseball show card dealer. Discussion, co~ents and que~tlong en~u~d r~lativ~ to impact the proposed fee would have on children d~lln~ baseball cards; the r~idual ben,fits to the Co~ty ~rum those pur~aslnq it~ w~th~n the County at the Flea Marke~; used for ~ettinq the fee; whether the ~rmnt ordinance re~itted to. the County; th~ d~finition of "old" a~d "~w" merQh~ndlme; comparison of rate~ for the County of Men~ioo and the City of R~c~ond; admini~t~ation and collection of the licenses and the respons~b~llty of the promoter to enforce the ooll~tio~ of the fee. Aft~ brief di~c~io~, Mr. Barbe~ mode = notion, seconded by Mr. Warren~ to adopt an ordinance to amend ~he code of ~e County of Chesterfield, 1978, as ~ended, by ~ending Sections 12-39.1 and 12-138 rela~ing to business license taxation of flea markets, craft ~hows, trade shows and itineran~ nerchants which ordi~aMo~ would be am~ded to reflect a $5.00 fee per event. Discussion, co~ents and q~estio~$ ~$~d r~latlve to how the fee Wo~ld bo imposed; whether the fee should be per event or $5.00 fee would be excessive for c~rtaln events. Mr. Wa~Ee~ ~ade a substitute motion, geconded by ~, to adop~ an ordinan~ to a~d ~e Code of the Catty of ~t~rfield, 197~, as amended, by am~n~X~g Sections 12-39.1 an~ 12-13~ relating to business license taxation of flea which ordinance WORld b~ ~mended to reflect a $2.00 per day pe~ vend~r. There was brief discussion relative to ~e ~ount of the ~. Daniel called for ~e vote on %he notion made by Warren, seconded by Nr. Mc~ale, for ~e ~oard to a~oDt ~ O~IN~E TO ~ND THE CODE OF THE CO~Y OF ~STERPI~SD, ~978, A~ ~D=D, BY ~E~DING SECTIONS 12-39.1 ~D 12-138 ~TING TO BUSINESS LIC~NS~ SKOWS ~D ITIN~T MERC~S BE IT O~AINED by the Board of Supervi~o~ of ~e~terfiel~ County that the ~ode of thm County of ~esterfield, 1978, aS ~ended, i~ amended by amending section~ 12-39.1 and 1~-158 as follows: 3/25/92 ~ec. 12-~9.1. Flea markets, craft shows and trade shows. (e) Every person engaged in the business of organizing, promoting or managing a fles market, craft show or trade business in the county and' shall pny a license tax calculated in aooordanoe wiLh ~ubseotion (d). (b) "Flea markets, ora£~ shows, or trade shows" shall include any show consisting of a group of five or more persons articles, or a~y oo~Dina%ion of ~hese, a~ a single location. (c) NO 9ar~an participating in a flea market, craft show or trade show as a merchant shall be liable for any license this chapter if the ~romo~sr, manager or organizer of the show obtains a licease ~nd pays the license tax as provided in this section. (~) The license tax impo~ed by this section shall be equal ts two dollar~ ($2.00} for each me=chant participating in a flea market, craft show or trade show during a single day or any ps,ties of sUCh day. Such license tax ~hall b~ due and payable on t~e ~onday following each such day. (e) A premoterw manager or organizer cf a flea ~erket, =raft show or trade show shall not be liable under this seonion to pay more than five hundred dollars ($500.00} per individual uerchant ~er single location per tsx year. Aocordingly~ even if a merchant participates in a show at a ~ingle location for more than ~50 days during a tax year, promoter, manager or erganiler of such show sh~ll not be liable under this sestlon to pay mor~ than five hundred doll~r~ ($500.00) for such merchant at that location during that tax year. (a) Unle~ otherwise provided in some other section Of this Code, the license tax for each itinerant merchant, other than those described in subparagraphs (b), (c), (d), (e) and (f) =hall be two hundred and fifty dollars ($2~0.00) for cash leoation used during the first half of the tax year (January through June 30) and shall be two hundred and fifty dollars (~250.00) for ~aeh le~ation need durinq the second half Of tbs tax year (July I ~D_rsugh Decmmbsr ~1). ese Ayes: Mr. baniel, Nr. Warren, Mr. Bar~e~ a~ ~. ~oHale. Nays: F~r. colbert. Reconvening: In Bermuda Magisterial District, GASSAN J. ABOULROSN rs0/~sted rezoning from General Business (B-3) to General Business (C-5). The density of such amendmen~ will be controlled by ~oning conditions or ordinance standards. The Plan de~i~nate~ the property for commercial uss. This request lies on a 2.17 acre parcel fronting approximately 185 feet the north llne ef Willie Road, approximately 300 feet east of Jefferson Davis Highway. Tax Map 8I-8 (1) Parcel 91 (Sheet ~. Jacobsen presented a summary of Ca~e 92SNOll~ and stated the Planning Commission and staf£ recor~cnded approval and acceptance of the proffered condition. He noted the request conformed to thc Central Area Land Usm and Transportation Plan. ~. John Dot,on, representing the applicant, stated the recommendation was acceptable. Ther~ was no Oppositiom On motion of Mr. ~cHale, s~conded by Mr. Warren, the Beard approved Case 92SN~114 and acosDtsd the following proffered condition: Prior to site plan approval for any development other than a communication tower and support equipment, forty-fiv~ (4~) feet of right of way on the north side of Willis Roa~ measured fro~ the Centurline of that part of Willis Roa~ immediately adjacent to the DreDert¥ shall he dedicated, free and unrestricted, to end fen the benefit cf Chesterfield County. Vote: Unanimous 92SN0133 In Midiothian M~gi~terial District, ~LEN R. SWADER requested amendment to conditional U~e (case 79S066} relative to ~igns, hears of eperatlon, p~an of development amd lighting restrlctlens plus Conditienal Use to permit outdoor recreational facilit~ on an adjacent paru~l. The density of such amendment will ~e contrelled by zoning ~endition~ er Ordinance standard~. Th~ dempr~hen$ive Plan designate~ the property for residential uss of 1.00 unit~ per acre er le~s ~nd mix~ USe corridor. This request lies in an Agrlcultural (A) Distr~ot on a~ app~OXlmately 77.O acre parcel fronting approximately 1,$00 feet on thc north line of Mi~Iothian 55arnpik~, approximately 400 feet west of ~uguenot Springs Road. Tax ~ap 14 (1) Part ef Parcel 5 (Sheet 5/6). Mr. Jacobsen presented a summar~ of Case 925N013~ and stated ~o conditions and acceptance of the proffered cenditions. ~r. ~ilton Phillips~ representing the applicant, stated the recommendation was acceptable. There was oDpoeltion present. it would be place4 in it~ regular ~aguenoe on the agenda. (Amended) In Bermuda Magisterial District~ JAME~ ~. DANIEL~ requested rezoming from Residential (R-?) to Neighborhood Business (C-2) of 2.73 acres plu~ a Conditional US~ to permit u fast food re~t~%hramt on 0.7~ acres of the 2.73 acre trac~. The density of ~uch a~end/~e~t will be controlled by zoning cenditions or Ordinance standards. The Compre~hensive Plan designate~ ~e D~ope~ty for neighborhood c~rcial use. This re~e~t front~ a~roximately 133 f~ on the no~ line of Wemt Hundre~ Read, approxi~tely 140 feet we~t of Ecoff Avenue, al~o front~ 92-23~ 3/25/92 approximately 550 feet north of West Hundred Road and located northwest of the intersection of thes~ reads. Ta~Map 115-10 Mr. Colbert disclosed ~o .the Board that ihs owned property across the street from this requeet~ declared a potential conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest Act, and exc~ed himself from the meeting. the Planning Com~issi0~ ahd staff reoo~e~ded approval conformed to ~e ~es%er Village ~lan. ~. James Daniels stated the reco~endation was acceptable; ~at it had been datelined ~e request would not generate a significant in=rea~e in traffic; that he had att~pted to ad~ss the concerns expressed by the residents in the area regarding noi~ level~; that the request confo~ed to ~e~ter Village Plan and~ therefore~ requested the Board to give favorable consideration to ~e re,est. There was ~rief discussion relative to the impl~entation of probable p~asing of contraction for ~e prop0med development, ~. Ro~rt Smi~ stated he resided in the Village of Chester; that he did no~ support tho r~qu~ in itu ~ntirety; ~at was co~cer~ed abo~t the re~e~t for a conditional ~e to pa~it a fast food restaurant; ~hat he felt the request would generate ~n increase in traffic and, specifically, on been developed to ensure revitalization of the Village; and zubmltted m petition to thm ~oard c~o~in9 ~ re,amt. that he was not opposed to the neighborhood co~ercial use on Route 10 in genial but he felt the request would generate increase in traffic and, npesifically, 0n Eooff Avenue and Buckingham Street; that he felt a fa~t food restaurant wo~ld change the character of the resid~tlal area and, therefore, r~q~eSted the Boa~d to support the i~te~t of the Che~t~r Village Plan by Oenying the proeosm~ request. ~. Albert E11iott stated he resided in the Village of ~aztar; ~at he felt ~e intent of the chester Villag~ Plan shoul~ ba ~upport~d; that h~ felt the development of a fast ~e adjacent nelghbor~ to the re~t a~so opposed the conditional use; that ~e applicant presently was not aware of =ondltional u~e for a fa~t foo~ rem=aurant or to ~eny the re,est tn its entirety. that he did not feel the request would generate a significant in=tease in traffic; that he felt if re=ideate were opposed ~igning u petition; that ~ere was a Pizza Hut locatea in the ~ame vicinity amd wa~ ~imila~ in nature to this ~e~est; that he felt the re,est would provide a reasonable transitional ~one from r~identi~l to colorola1 und, therefore, the Board to give favorable consideration to the expressed by contacting tho=e re=ident= who had ~ign~d tO the request; that th~ Bruc~ Fa~ Sub~ivlslon had polled oppomltion to th~ r~qumst; that the request confu~ to 92-231 Chester Village Plan; and requested the Board to give favorable consideration to the re~ueg%. Mr. McHule stated he was concerned about the intent of some of the wording in the cheater village Plan regarding special circumstances and/or e~ceptioRg. He further stated hs felt the conditional use for a fact food re~ta~ra~t would generate an increase in traffic but he also felt the overall appl~catio~ did confor~ to the Chester Village Plan. On motion of Mr. McHEle, seconded by Mr. Warren, the Board denied the request for a conditional use to permit & fast food restauramt om the C-2 tract, approved C-~ zoning for Case 91SN0~4? and accepted the following proffered conditions: 1. ~rior to obtaining a building permit, one o~ the following shall be accomplished for fir~ protection: A. The owner, developer or assignee(s) shali pay to the county $150 Dar 1,000 ~uare feet of 9-ross floor area adjusted upward or downward by the ~ame percentage that tho ~arshall swift Building Cost Index fncrea~ed or d~reane~ bo~wee~ ~u~e ~0, 1991, and the date of pa~rmant. W~th th~ approval of th~ County's ~ire Chief, the owner, developen or m~slqnee(~) ~hall ~eeeive a credit toward the r~quired payment for tbs cost of any fire ~uppre~sien system not otherw£ze required by law which is included as a part of the devels~ment. OR B. The owner, developer or assignee(s) shall provide a fir= suppression system not otherwis~ req~i:ed by law which the County's Fire Chief determlnem ~ub~tantially reduoe~ th~ ne~d for County facilities stherw~e necessary for fire protection. 2. Prior to mite plan approval, forty-five (45) feet of right of way on the north side of Route lS measured from ~he centerline of that part of Route 10 immediately adja¢$nt tc the preper=y shall be dedica=ed, free and unrestricted, to and for the benefit of Chesterfield County. ~. ~rior to si~e plan approval, thirty (30) f~t of ri~ht cf ~ay on the w~st side of E¢off Avenue measured from the cen~rline of that Dart cf Ecoff Avenue immediately adjacent to the property ~hall b~ dedicated, free and unrestr~sted, to an~ for ~he benefit of chesterfield County. 4. A thirty (3~) foot wid~ face of curb to face of curb assess rca~ with no adjacent parking shall De provided towards the northern property line from Ecoff Avenue to =ne western property line. This access rued shall be designed and constructed to be shared with adjacent propertie~, as d~termin~d by the Transportation Department. Upon request by the Transportation Department, access easement(s), acceptable to the Transportation Department, shall be recorded for this Prior to the issuance of an ee0upancy permit for uny development with access to Eooff Avs~e, e~ additional lane of pavement shall be constructed along ~coff Avenue for the entire property frontage. Ay~: Mr~ Daniel, Mr. Warren, Mu. Barber and Mr. M¢~al~. Absent: Mr. Colbert. Mr. Colbert returned to the me%ting. 92-232 In ~idlothian Kaqisterial 51~trlct, ~r.'~X =. AND CAROL BILT~ requested Conditional Use to permit either a dwelling unit ~oparated from th~ principal dwelling or a twa-family dwelling in a ~esidential (R-15) District. The density of such amendment will be oontrolle~ by zoning conditions or Ordinance ~tandards. The Comprehensive Plan designate~ ~ro~erty for residential use of 1.51 to 4.00 unit= per ecrm. This re~e~t lie~ on m 1.~ acre parcel lying at ~ north~n Lan~. Tax ~p 10-1~ (6) Bonaventure, Se:t~on 1, Blo~ A, Lot 1 (Sheet 3). approval subject to conditions and noted Condition 4 wo~ld n~ad to be amendm~ if the Boar~ desired a different location for the dwelling unit. He noted the r~est conformed to the Northern ~ea Lan~ Use an~ Transportation ~lan. ~en asked, There was brief diacu~sion relativ~ to the ~ize of the Mr. and ~s. Alex J. Bitter stated the reco~endatiun was acceptable and they had worked with staff on the re. est c~ply with all ~uidelines es=ablished by ~e Co~ty. ~r. Joseph Sharp ~tat~d he wa~ an adjacent property o~er; d~sign~d and zoned for single ~amily ~wellings; that h~ the property was not large enough to build another single family =welling unit; and if ~ re~e~t was approved, he a condition should be imposed to re~ire the second dwelling h~me. that the r~mt had been in ~xis~enoe for an ex~ended peri~ of t~me; that they had met with ~ applicant in an attempt to the location of the home; that they felt the home should be felt the cost to the applicant to connect to the public sewer re~a~t; that the applicant operate~ a buslnes~ from his hom~ r~m~t was epproved; and ~eguested th~ Board ~0 d~oi~ ~u~aSt in the best intur=st of the entire n=ig~orhood. ha~ ~esided in %~e n~ighborhoo~ for the ~ast twenty seven y{nrx; thnt h{ felt th~ losation of the home would negatively the value of his property; that he felt it was feasible for the dwelling to b~ lo=a~ed in a different area of the y~d; and ~at h~ wa~ conc~rm~d as t~ th9 impact the dwelling would had reside~ in the neighborhood for ~w~nty-four years; ~welling an~ a petition ha~ been =ubmltted previously opposing th~ ~t; and h~ felt the re.est should be decided in the be~t interest of the entire neighborhood. 3/25/92 Ms. Dorothy O'Bryant stated she was opposed to the proposed r~ua~%; that the applicant had net attempted to change the location of the dwelllng~ that she felt the applicant's e~isting ho~e was sufficient to prowids for the caring of family me-hers; that the entire neigb_berhood was opposed to the rsc~est and, therefore, requested the Board to de~y the ~. Bilter stated ~e proposed dwelling would be located in ~e side yard and not the front yard and under ~e Zoning Ordinance, he could build a garage in that a~su~ed t~e proposed dwelling would not be u~ed to operate a System~ o~er alt~nat~ve~ were limited but he felt the the applicant a~d the residents of the neighborhood, provided the buildln~ would not extend beyon~ ~he front of ~e dwelling and, th~efore, made a motion, seconded by conditions: 1. Occupancy of the ~econd dw~lling ~it shall be limited the occupants of the principal dwellln~ unit, their f~ily memb~r~ and g~est~. Prior to release of a building permit, a deed restriction shall b~ recorded indicating the retirement in Condition a copy of the re~triction =hall be ~ubmitted to Planning DeRur~mnt. (P) 9. The size of the ~econd dwelling shall be smaller than the ~ize of ~e principal dwelling. 4. The applicant may const~o% either a separate dwelling or convert ~e existing dwelling into a two-family dwelllng. In eider cams, the ~cond dwelling or th~ addition shall be located no closer to the western property line adjacent no LO= 4 of Tax Hap 10-15 (4) Belleau Circle, Block A, ~mn the principal dwelling. location o~ th~ ~roDo~ed dwelling; the requirement and =os~ the applicant to connect the new addition to the ~ubllc sewer ~y~tem; wheth~ the dwelling would be attac~ed to or detached stipulate ~e unit being attached or detached. ~en azked, ~. Bilter ~tated he agreed tO the ~it attaohe~ to ~he existing the re~e~t for a dwelling ~it s~p~rated from the principal dwelling and approve the re~e~t for a ~wo-family s~bject to the following ~onditions: 1. Co--panty of the second dwelling ~t ~hall b~ limitsd the occu~antm of th~ principal dwelling unit, thei~ Prior to relea~ of a ~ilding permit, a deed restriction s~all b~ recorded indicating the retirement in Condition a copy of the re~t~iction ~hall be submitted to Planning D~artment. 92-234 3/~5/92 The size of the second dwelling shall be smaller than the size of the principal dwelling. (m) 4. The secomd dwelling shall bs located no closer to the western prcper~y linc adjacent tc Lot 4 Of Tax Hap 10-15 (4] Belleau Circle, Block A, than the principal dwelling. /~r. McHala inquired as to the point the prepomed dwelling would extend beyond the from= of the existing building. M~. Daniel clarified =he furthomt ~ost poin~ thm dwelling could extend beyond the existing home. Mr. PaRle1 called for the vote on the motion made by sar~er, seconded by Mr. Warrmn~ to deny the request for a dwelling u~it s~parated from the principal dwelling and approve the requeot for a two-family dwelling subject to the following conditions: 1. Occupancy of the second dwslllng unit mhall be limited to the occupants of the principal dwellin~ Unit, their ~amily members and guests. Prior to release of a building permit, a deed restriction shall be recorded indicating the requirement in Condition 1. T~e deed book and page number of much restriction and a copy Of the restriction shall be submitted to the Plannlng Department. (p) 3. The mire of the second dwelling shall be smaller than the size of the principal dwelling. 4- The ~eoond dwelling shall be located no close= to the western property line adjacent to Lot 4 of Tax ~ap (4) Sellcau circle, Block A, =ham the principal dwelling. Vote: Unanimous 92S~R0107 In ~ermu~c Magisterial Diotriet, VIRGINIA ELEcr~C ARD PO~ CO, ANY requested a Conditional Ume to p~rmit expansion e£ an electric subotat~on i~ a~ Agricultural (A) District. The de~sity of such amendment will be controlled by zoning conditions mr Ordinanue standard~. The Comprehensive Plan designates the property ~er light industrial use. Th~s re~uost lies on a 3.31 a~o parcel lyin~ apD~oMi~tely 280 feet off the eamt llne of ~orth Enos Church Road, a~proxlmately 1~3~0 feet So~th of Bermuda H~d~ed Road. Tax Map 13U-4 (1) Pcrcel 37 (~hest 4~). Mr. Jacobsen preuentud a surmmary of Came 9~$N0107 and mtated the Planning commission and stuff recommended apprcYal subject to conditions. He ~uzther e~ated ~he Planning Cenmismion had amended staff's condition reducing the buffer o~ the so~th side of the proper~y f~e~ ceventy-flwa feet to forty feet. ~e noted tn~ ~eq~t conformed to the Eastern Area Land Use and Trmnsportatlon Plan. Ms. Gall Lamp, representing =he &pplioant, stated they wer~ in favor of the reco~umendatlon made by' the Planning Commission ra~her than by staff. %~nere was no opposition present. On motion of Mm. MoHale, seconded by Mr. Berber~ the Board approved Ca~e 92~N0107 subject to the following conditions: A security-type ~ence shall be installed a~eund th~ prepomed mubstotion and shall ba designed te pre01~de trespassing. The exact height end design of T~he fence 92-23~ 3/25/9~ shall be approYed by the Planning Department at the time of site plan review. (P) on Parcel 22, Tax ~ap 135-4 (1), a minimum seventy-five (75) foot buffer shall ha maintained between the se~rity fence and~ the nortll, east and west property boundaries. A minimum forty (40) foot buffer shall be maintained between the security fence and the southern prop~r~y bou_~dary. ~xcept as noted herein, landscaping shall be accomplished within these buffers in accordance with the buffering and landscaping plan submitted en February 18, 1992. Within those portions of the buffer located in the existing Virginia Power easement, photinias shall be substituted for wa~ Myrtles. (CPC) In ~idle~hian ~agi~terial District, · -~SO~TES requested amen~ent to a pre~iously granted zoning (ca~e 90SN0244) relativ~ to ~ign~. T~e density of ~uch amendment w~ll be controlSed by ~onlng condltion~ or Ordinance standards. The Comprehensiv~ Plan desolates ~e property for light industrial use. Thi~ request lies in a Light Industrial (I-l) D~s~ct on a 1.0 acre parcel Iy~n~ a~rox~mately 180 950 feet e~st of Robious Road, Tax Map 9-13 (1) Part of ~mrcel 1 (Zheet ~e Planning Co~im~ion and staff ~eeo~ended approval and acceptance of the proffered conditions. He noted the confo~ed to sign retirements of the Zoning Ordinance for Light Industrial (I-l) Districts and insluded a proffered eobdition which would further restrict ~e sign area~ lighting been submitted prior to advertising the There was brief dis=us=ion relative to th~ re~trfctionE of th~ Sign Or~inano~ r~garding ~he size of the si~ and the si~ area and the ~ifference between the original and proposed zoning. ~. Ji~ Theobol~, r~pr~ntin~ ~e appllc~nt~ stat~d reco~endation was acceptable; that tbs ap~lican~ was re~e~ting to amend a previously p~offe~ed condition %o one internally lit building-muunta4 si~ =o better i~entify the facility; ~at ~e zign would b~ located ac~os~ f~om co~mrcial property and b~ind ~m railroad traoks; tha~ lighting and ~ize of ~e ~ig~ Would be restricted and the w~ul~ not be ilI~ina=ed between t~e ~o~rs of ll:OO p.m. to 6:00 a.~.; t~at the sign could not be se~n from any that ~e ~ign was smaller ~Han permitted in I-1 Districts and Was Consistent with signage for other ~o~erciml u~e~ in the consid~ation tc th~ request. Ms. Carolyn ~owers, representing the ~dloth~an D~tri~t Certify A=tion Panel, expressed concerns reg~ding this ilius~ation of havin~ effective adverti~ing~ ~at the was seeking the r~oval of a negotiate~ proffere~ condition previously limiting the property owne~ to one si~; that the mignifioa~t landscaping; ~at ~ey were concerned as %o the location of tho sig~ and ~ future widening of Hu~enot Read w~i~ Would place the sign in closer prox~ity to the traffic; that effo~g for the Huguenot Road area ~a~ been to control 92-236 3/25/92 ~ignag~; that they felt requests for signs 'should b~ reviewed and categorized by a citizen group which could prepare detailed analyses of the impact such proposals would have on surrounding areas. Mr. Thecbold stated the proposed sign was net visible from the existing sign on ~uguenot Road; that all of the adjacent property owners had been notified of the proposed request; and submitted to t_he Board a picture of t~e proposed sign. Mr. ~arber sta:ed he had contacted residents in the cranbeck Subdivision and they had indicuted the sign was not visible from =heir neighborhoods that a site study had been conducted; that he had attended a dinner with residents of Woodmont Subdivision and no inquiries had been made regarding the sign and, therefore, made a mot{on, seconded by Mr. Warren, to approve Case 92SN01t3 and accept the folIowing proffered 0nly one sign shall bs permitte~ on the I-1 property. Such sign shall be a building-mounted, internally- illuminated sign which conforms in all respects to A~tiola 8 (Sign~) of the Chesterfield County Zoning ordinance, such sign shall net exceed 64 spuare feet in area, nor De illuminated between t~e ho~T~ of I1:00 p.m. and ~:00 a.m. The design and color of the sign panel shall substantially conform to that of the free~tanding sign on the parcel adjacent to the west. Mr. Daniel e~loressed concerns relat~vs ho previously granted zoning =asea and, specifically, those ad~ressing signs and billboards, when requesting amendments. Mr. Daniel called fo~ the vote on the motion made by Mr. Barber, seconded by F~r. Warren, to approve Cas~ 92aN0113 and accept the following proffered condition: 0nly one sign shall be permitted on the I-1 property. such sign shall be a building-moun~ed, internally- illuminated sign which conforms in all respects to Article 8 (Signs} CS the chesterfield County Zoning Ordinance. Such sign shall not exceed 64 square feet in area, nor be illuminaSe~ between the hours of 11:0~ p.m. and 6:00 a.m. The d~sign and color of the ~ign panel shall substantially confo~u~ to that of the freestanding ~ign on the parcel adjacent to th~ we~t. Vote: Unanimous In ~idlothlsn Magi~tenlal Distrist~ G~ R~ SWADE~ requested ~ancl~ent to Conditional Use (Ca~e 79S066) relative to signs, restrlctlon~ plu~ Conditional Use ~o pe~i~ outdoor ~eor~a%i~nal facilitie~ on an adjacent parcel. The density of ~uch amen~ent will be controlla~ by zonin~ conditions or ordinance ~tanda~ds. The Comprehensive Plan de=i~ate~ the property for residential uae of 1.0o unit~ ~er acre or less a~d ~ixad use corridor. Thi~ re,est lles in a~ A~icultural (A) Distriot un an approximately 77.9 acre parcel f=oRting approximately 1,300 feet on the north line o~ Kidlot~ian Turnpike, apDrox~ma=ely 400 feet west of Hu~enot Springs Rosa. Tax Map 14 (1) Part Of Parcel 5 (Sheet ~/6). ~. Peele presented a ~ary of Case 92SN0133 an~ s~u%e~ the Plannin~ co~ission and s~aff reco~ended approval ~b~ect to conditions. He noted th~ r~quest complied wS~ ~m n~w zoning ordinance standard~ and the Upper Swift C~eek ~nd Use and Tranmportation Plan. 3/25/92 J ................. J · I Mr. Hilton Phillips, co-owner of the Windy Hill Sports Complaz, ~ated ~hm ~eoom~n~at~on w~s acceptable. Mr. ~orge Beadles expressed concerns relative to the request being double advertised. }tr. Barber stated the request had been dnubl~ advertised the applicant had been misinformed by mtaff and, therefore, he felt the double advertising, was justified to correct the error. Mr. Warren stated he wa~ oppose~ to do~ble advertising in general but felt there were exceptions to double advertising On motion of ~r. Barber, secunde~ hy Mr. Warren, the Board approved Case 92~N0~3~ ~ubject to the following conditions: COND~TION~ - ~MEN~_T.Q._.CASE 798066. 1. Signs ~hall comply with the ~oning Ordinance, 21.1-265, 21.1-266, 21.1-268 and 21.1-269. (NOTE: This c~ndltlon supe~ede~ Condition 3 of Casa 2. Heur~ of operation shall he restricted te between a.m. and t2:80 midnight Monday through Sunday. (NOTE: Thi~ condition ~uparsedes Condition 8 of Lighting fo~ the ~itsh and putt range shall comply with the Zoning ordinance, ~ectlon 2~.5-~40. (NOTE: This condition modifies Condition 10 of Ca~e 798066 for the pitch and putt range ~nly. Con~itlon 10 of Case 798066 remains in effect for the remainder of the ~evelopment.) (NOTES: With the approval of this reques=, Condition of Case 798066 shall be deleted. Except as stated herein, all other conditions sS Csse 796~ r~main in effeo=.) ~.Q~DI~IO~S - CONDITIONAL USE FOR 45.35 ACRES OF OUTDO@R RECREATION 4. U~eS permitted mhall be restricted to a pitch and p~tt self course a~d accessory uses~ only. (P) shall be located at least 100 feet from Tax Map 14 (1) Eareet 7, (P) 6. A fifty (50) foot buffer shall be provided adjacent to Tax ~ap 14 (~) Parcel 7. This buffer shall comply with the requirements of the Zoning Ordinance, Sections ~-1-~6 through =1.1-2~. (m) 7. All conditions of Cae~ 795066 and amendments to Casa 79S065~ ae g~anted through the approval of Case 92SN0133 shall be applioabl~ to the conditional Bsa for T/~e pitch and putt golf course on the 45.35 acre parcel. Vote: Unanimous 92-238 3/25/92 On motion e£ Mr. Barber, sooonded by Mr. Colbert, the Board adjourned at 10:30 p.m. (EST) until ~arch 27, 1992 at 4:00 p.m. to the Administration Building, Room 502, for a joint meeting wit~ the School Board. Vote: Unanimous L~ne B. Ramsey ~ County Administrator 92-239 3/25/92