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04-22-1992 Minutes~pril 22~ i~92 ~upervisors in Attendance: Kr. Arthur $. Warrsn, Vice Chr~. ~fr. ~dward B. Barber Kr. Whaley M. Colbert Mr. Lane B. Ramsay county Adminis=rator Staff in Attendance: Asst. to Ce. Admin./Olr,, office on Youth Mr. N. E. Mrs. Doris R. DeH~rt, Legls. Svcs. and Intergovern. Affair~ Fire Deeartment Mr. william a. aswell, ~r. Robert ~uebner, chief~ Employment and Dsv~lsemsnt Dir., Plannin~ Ms. Mary Leu Lyle, Pit., Auceunting DeDuty Ce. Admln., Dir., Tran~portatlon ~r. Richard M. McElfish~ Dir,, Env. Ceunty Attorney M~s. Pauline A. Mitchell, Dir., New~ ~ Publio ~r. Richard Normally, Dir. Extension Service Col. J. =. ~ittman, Jr., ~olice Department MS. Theresa M. Pitts, Acting Clerk to the Board Mr. Richard F. Sale, b~p~ty Co. Adm~n., Community Development Mr. Jame~ J. L. st~g~ai~r, Dir., Budget & Mr. Z. D. Stith, Jr., Dir., Pmrk~ & Recreation Dr. Robert Wagcnknacht, Dir., Libraries Mr. David H. Wslehans, Dir., Utilities sheri~ clarence Williams, Sheriff's Mr. Daniel called tbs regularly scheduled meeting to erder at 3:10 p~m, (EST). 92-30D 4122/~2 On ~otion o£ Mr. MoRale, seconded by ~r. Colbert, approved the minutes of April 8~ 199~, as amended. Vote: Unanimous th~ Board }ir. Ramsey introduced Nr. James Campbell, Executive Director of Virginia Association of Co~Kbies (VAC0) who wac prenent to update the ~oard un VACoTs activities. Mr. Daniel recognized FL~. David ~aechele, a member os the ~ar~rlco County Board of Supervisors, who was present with Far. Campbell. Mr. Campbell presented an overview cf VASe's activities including their i~¥olvement in the 1992 General A~senbly session and the ~e~eral i~pact the bills introduced would have on losal ~overnmente in the State. He noted rACe had attempted to protect and preserve a majority of itc financial resources during thin session and briefly reviewed the passage of senate Bill 27~ relating to the time limit in preserving ei~e plans =nd subdivision plans for dovelogere and Senate Bill ~12 relating to the equalization of taxation powers of Counties in ~eing able to generate reYenuas uimilar to cities and town~; and various conferences which had been ~pensored by VACo to assist counties in identifying ressurcee and addressing future challenges. He briefly reviewed technical and legal services offered to counties by VACo; that VACo was currently exploring the formation of insurance pools; that they were studying the establishment of a monthly magazine and were planning to conduct various workshops and seminars for Count~ Supervieor~ and staff in the near future; and that they woul~ be ~i~¢u~inq the reapportionment of various districts within the State to comply with the 1990 Ce~S~S COUnt. He noted VACo would co,tinge it~ ~ffort~ to connolldate their r=so~rce~ with similar organizatlcne and, in particular, with the Virginia Municipal League, to maximize efforts and the opportunity to u~date thee on rACe's activities. Mr. Ramssy noted ~r. Daniel is President-Elect for the Virginia Azzeciati0n of counties and Mr. Warren is currently a member of the ~oard of Directors. Discussion, comments and questions ensued relative to VACo'm efforts to consolidate services; the commitment by VACo to structure a ~ormal legislative program; the newsletter generated by ~ACo being info~atlve; and th~ good working rslatlonship the County ~hared with VACo. When asked, Mr. Canpbell~ rnviawed the status of the "Di]llcn Rule" and itated VACo was ~till conducting public hearings and noted there were approximately five mere public bearings %0 be conducted within the next month. Be further ~tated counties nhould express their concerns regarding this issue. There wac brief discusnlon regarding the "Dillicn Rule". The Board expressed appreciation to Mr- Campbell for attending the meeting and updating them on rACe's activities. Mr. Remsey recognized ~r. Mitch zemel, ~ewe Reporter for the Richmond New= Leads=, and stated he w0~ld ~0t be covering the County any longer bu% ins%end would ~e a=~ending law school. The Board wished him success in his future endeavors. 9~-301 4/~/92 Mrs. Pauline Mitchell, Director of News and Public Information services, stated at the April g, 1992 Bosr~ meeting, a group of English visitors, who were observing how Baptist Cherches work on both aides of ~he Atlantic, had visited the Courthouse and had presented the County with a heraldic shimld from Counsellor Ralph Sample, Mayor of 01d/~am Metropolitan Borough, Laneamhire, England. Mr. Danlel ek~premged appreciation for the gift and stated the County would reciprocate with a ~imilar gift. ~. BOARD Mr. Daniel stated he had received a book from Mr. MeMale titled "Reinventing Government -- Now the Entrepreneurial Spirit is Transforming the Pnblic Sector from Schoolhouse to Statehouse, city Hall to the Pentagon" and noted he was looking forward to reading it. He further stated he had attended numerous regional meetings encompassing a varlu~y 0£ subjects. Mr. Morals ~tsted he had attended numerous meetings including a social sarvi~ Boa~ m~ting an~ m~pre~ed appreciation the Board of Supervisors f~r their sHpport provided during budget proca~s in r~oqnizing t~a need~ of ~e social Depar~ent. ~ Barber state4 he had participated on th~ "Co~ty Call-In Show" ~n which ~e topic discussed had been zoning and pl=nning. He further ~tat~ he would be holding hi~ ~onda~" constituents meeting in which the topic would be traffic and planning; ~at he would be holdlng a m~tlng discuss the possibilit~ of the d=v~lopment of a YM~ Kidluthian District; and that he had attended the Metropolitan Planning organization ~e~ting ~n which available so~ces of fun~ing for variou~ ~affic oonoern~ had b~en Mr. Colbert stated hs had attended numerous meetings and noted a m~ting ~ould b~ h~ld with the Hands Across the Lake organization regarding water quality. Mr. Warren stated he had at~ended a ribbon-~utting card.ny at Cloverleaf Mall regarding recycling and noted he and Colbert h~d also recently toured the county jail. ~GES ~ ~E O~ OF ~S~ATION On motion 0f ~r. Colbert, sec0nd=d by Mr. McHale, the Board moved Item 14.S., Resolution Recognizing April 19-26, 1992 "National Secretaries~ Week" to follow Item 4., Requests ~os~pone AsSign, ~er~ency A~dltlon~ or Chan~ in %he Order of ~resentation; added Item 2.C., County Administrator*s comments -- $~o,ooo Donation from Friend~ o~ the Library to follow It~ 14.A., R~ol~tio~ ReCogniZing ~. JOShua Jam~ A~ry Upon ~is At=almin~ Ra~ of Eagle Scout; added It~ 6-B.l., ~ Ordinance to ~end the Code ~f %he County of Chesterfield, 1978, as ~ended, by Amending and Ree~actin~ Sections 18.1-9~ ~%-9, ~1.1-17 and ~l.%-~g0 Relating to A~lication Fees in Connection with Land Use an~ Development to f~llow Item 6.B., Adoption cf an Ordinance, on an ~mergency Basis, to ~end the Cod~ of the County of Ches=erfiel~, 1~7~, Ordinamce~ and added Item 6.B.~., Adoption of an Ordinance, on an ~rg~ncy sasis~ ~endinq section 15.1-22 of the co~e of the County of Chesterfield, 1978, as ~ended, by Readopting SeG~fons 1~.1-22, 15.1-22.4 a~d 15.1-~2.5 Rala~ing to ~e Use of Firea~s while Hunting to follow Item fi.B.1.; and ~he agenda, a~ amended. Vote: Unanlmou~ ~r. Ma~den stated ~ecr~tarias must ~eet high standards of p~rformunoe and provide invaluable assistance to the County aad its ¢itizens and e~ressed appreciation to all secretaries who work for Lhe County. He introd~o~ Mrs. Dale ~verhart, Exe=utiv~ Secretary to the County A~ini~trator, who wa~ pres~n~ to a~c~p~ the resolution on behalf o~ all co~y'~ secretaries. on motion of ~h~ Roard, the following resolution was ~E~S, The inportance of professional secretaries ~erican public and private organizations has been by %he d~signation of April 19 - ~6, 1992 as "National Secretaries' Week"; ~EREAS, Per~ons who serve Chesterfield cowry in this job classification mu~t meet high standards of through a combination of effective interpersonal abilities technical clerical skills, responsive an~ ~ourtsous servic~ ci=izens and fellow employee~, and knowledge and application of numerou~ County and departmental policies and ~S, Th~ A~mi~istration wi~hes to e~r~s its appreciation to all County ~ecretariRs for their dedication excellence in public ~ervice and for their con%ributions to the County team. NOW, THEREFORE BE IT RESOLVED, that =he CounUy Board of sup~rvisor~ hereby recognlze~ all its its citizens. Vote: Unanlmuu~ and expressed appreciation to all County sec~etaria~ for their responsive ~nd courteous ~ervlue to citizsns. '5- WORK ERSSION o FY93 '£~O~C~ ~798 SECONDARY ROAD SIX ~ ~R~ ~eview the Virginia Department of Transportatlon's (VDOT) Secondary Improvemen~ Budget and th~ Rev~nu~ Sharing Pre,ram. Ko reviewed thC Six Year 91an and noted a joint public hearing np~recla~iun for ~ir e~ort in developing the six Xear ~lan~ re~o~enda~ion~ ~u~h a~ pr~ject~ being ~aseO on capacity and sa~ty conoornn; and fund= designated for projects. He further reviewed projeo~s ourr~n~ly being constructed, future Drojeots and ~hos~ projeot~ which would e~end b~yond fiscal from ~e Sta%e, it would take approximately an additional $33 projects a~ d~igmat~d. Ha reviewed options for available funding sourcss suuh as the Revenue Skating 9rogr~ and 92-303 4/22/92 outlined the recommendation for funding for the Centre Street ProjecE nnd %h~ loop/ramp for Powhlte Parkway/Route 288. There was brief discussion relative to the Route 288 loop and ramp and the ~undlng options available. Mr. MoCracken 8tared staff would bring tn the Board~ each year, their recommendations for the Revenue Sharing Program and adjustments could be made am necessaz~; and, in addition, to the Revenue Zharing Program, staff was recommending transferring County funding, for Dreviou~ road projects, to assist with the projects designated and identified in the Zix Year Plan. Ee indicated additional funds were needed to rebuild the curve and bridge on Hopkins Road fram Inca Drive to ~hilcutt Road; to install a traffic signal at the intersection of Wuudmont Road an~ Huguenot Road; to pave Rhode~ Lan~; ~nd to improve the Centralia Road/Che~ter Road wes reco~endlng the Board to also approve local funding for Tnprove~ent Budget for FY93 and outllned the Rural Addition Program; the limitations of State funding to five percent of the Secondary Construction Budget; th~ llmltat~on~ of VDOT received from citizens and current projects in which ¢iti~eD input was still being received. kvnen a~ed, ~ ~tared the public hearings scheduled wo~ld include the S~x Year Plan which would identify all oX the p~ojecta i~ the Plan a~d ~o~ld also i~eluds t~ FY93 Budget. He noted there would not be specific public hearing= held on each individual project but there would be desig~ hea~ing~ on =he major~ty of the projects at tbs appropriate time. Discussion, comments and questions ensued relative to the pr0jeet~ being prioritized and the criteria u~d in =aklng recommendations. 6. NEW BUSINESS After brief dizcussion, on motion of ~r. McHale, seconded by Hr- COlbert, the Board ~pended it~ rules tO allow simultaneous nomination/appointment at this time of Kessrs. E~rr~ G. Daniel~ Arthur S. Warren and Edward B. Barber am Board representa~ivea and Mr. Melvin Sheller as the citizen r~presentative to serve on the Capital Region Airport cammissicn. vote: Unanimous On mo=ion Of M~. MOHala, seconded by Mr. Colbert, t~e Board nominut~d/uppointed ~s~rs. ~arry G. Daniel, Arthur S. Warren and Edward B. B~rber as Board representative~ and Mr. Melvin Sheller as the citizen representative to serve on the Capital R~gion Airpor= Co~i~ion~ who~e te~ ar~ eff~c=~ve i~diately and will e~ire Dec~ber 31, 1995 to be consistent Vote: Unanimou~ §~_~.__~DO~TION OF ANORDII~A~dR. ONA N~ ~RXR, ~ THE ~DE OF T~ CO~ OF ~T~. 1978. Am DATE ~OR A P~C ~NG ~ ~NSID~~ON 0~ Board adopted a revi~d ~chedule for building permit leap. He 92-304 4/22/92 further stated the FY92-93 budget had been adopted on the pra~i~a of an effective date of July l, 1~92 But the ordinance 19~ and, ~f approved by the Board, the effective date of the approval and the only amendment to the ordinance was the effective date. Mr. Barber stated he was concerned as to the proposed amendment since the ordinance had been written to take effest upon its ndoDtisn. Mr. Daniel stated he felt it had been the intent for the Budqet and the amendment ~auld clarify the date bein~ JUly Pi~. Ramsay stated since the ordinance did net s~ecify the July 1~ 199~ date, by default it took effect upon its adoption and indicated the fee would not he charged until the sel-~ice could b~ delivered. When asked, he stated the service could not be provided at this ~ims due ~o new ~nsDect~ons being added which required the recruiting, hiring, and training of staff and had been anticipated to be done in July. the ~roj~Qt~ revenue ~hould be ¢olleete~ prier to the the ¢rdiDanc~ at thi~ point in tire; tb~ projeetea annual cash proffers such as =n increase in applications for building permits could occur if the ordinance wa~ not implemented until July; inspections bming volume ~riven; and adjustin~ ~he staffing ba~ed on the volume of work. te ~hoee obtaining building permits between now and July 1, he also felt it had been the intent for the ordinance tn ~o in support the amendment to the ordinance. adopted, on an ~mergeney basis, %he following ordinance and readeption of the ordinance: Chesterfield County that: amended, is amended by amending ~ec~ion 6-4 az Sec. 6-4. Pe~it fees. (a) Generally. Unless otherwise except~d~ no permit statewide suilding Cede shall be issued until the ~ppro~ed un~il ~he additional f~e h~ been p~id. All such permits shall bm issued hy the huildlng official on forms approved and furnished by his office. The fees for permits ~hall b~ ba~ed upon th~ project coat for labor and maferials. Coots oubmltted ~hall be no lower then those listed in the Marshall and swift Index or other evaluation of building Casts as approved by the building official. Minimu~ accepted coats will be adjusted annually on July i to reflect changes i~ Coat of eonstructien. The building official may assess additional feem when a r~view of the permit application or plans t/~a5 sufficient fees have not been paid. Fees will be charged in accordance with the following (1) P~ESIDENTIAL NEW CONSTRUCTION a. Finished square footage: Minimum fee $185.00 Each one thousand dollars or iraction thereof of the estimated constructien cost $4.25 b. Unfinished interior square footage: ~inimum See $50.00 =hereof of the estimated usnstruc%isn cost $4.25 c. Unf~n~ohed exterior ~quare footage: Minimum fee $25.00 thereof of the e~timated ¢on~trnction co~t $4.~5 d. Interior remodeling and alterations, acceosory buildings and sheds costing over Minimum fee $25.00 ~ach one thousand dollars or fraction thereof of the estimated construction coat Ca,ports, canopies, pole buildinqs, and pavilions: f. Mobile homes: In mobile home parks On privets property occupancy ~ extensions h. Residential request for refund (adminiatrativ~ charge) (2) CO~IERCIAL NEW CONSTRUCTION a. Cc~eroial new construction: Minimum fee $200.00 Each $1,O0O or fractian thereof of the estimated construction cost $5.00 Estimated cost o£ $2,000 O~ lass $SO.OO Each additional $1,000 or fraction thereof c. Tenan~ u~its: E~timated co~t of $2,000 or le~ Each addltiunsi $1,000 or fraction thereof of the estimated con~trnetion COSt d. Mobile office t~ailer~: Fixed rate $25.00 e- Commercial temporary certifieete~ of c~upancy & extensions $50.00 f. Commercial refund (administrative. charges) 20% of fee AUXILIARY PERMITS ~. ~leotrioal: whon tho comt of labor and materials involved in installation, alterationr replacement and/or repair is: $300 or l~s $35.00 $~01-500 40.00 $501-1,000 45.00 Each additional $1,ooo or fraction thereo£ of e~timated cost ~5.00 b, ~echanicaI: when the cost of labor and materials involved in installation, alteration, replacement ~nd/or repair $300 or le~ $95.00 $301-S00 40.00 $501-1,000 45.00 ~ach additional $1,000 or fraction thereof of estimated cost $5.00 Plumbing: when the co~t of labor and materials inuo~sd ~n installation, alteration, replacement and/or repair is: $300 or les~ $25.00 $~01-S0~ 40.00 $501-11~00 45.00 Each additional $1,000 or fraction thereof of estimated cost $5.00 d. Gas: when the cost of labor and ~aterials involved in inmtallation~ alteration, replacement and/or repair is: $300 cr 1~ $301-50o 40.00 $501-1,000 45.00 Eaoh additional $1,O00 or fra~t±on thereof estimated cost $5.00 e. Active ~olar system: when the cost of labor and materials involved in installation, alteration, rep!acemsnt and/or rspair is: $~00 or loss $35.00 $~01-500 40.00 $501-1,006 45.00 Each additional $1,000 or fraction thereof f. Fire/Sprinkler: when the cost of labor and materials involved in installation, alteration, r~placement and/or repair is: $300 or l~s$ $35.00 $301-$00 40.00 $501-1~003 45.00 ~ach ~ddition~l ~timated co~t $5.00 g. Septic taDk permit $50.00 h. Well permit: when the cost of labor and materials involved in installation, alternation, replacement $300 or less $35.00 $~01-50~ 40.00 $501-1,600 45.00 ~aCh additional $1,000 or fractiQn ~hereof of estimated cost $5.00 92-307 4/22/92 (s) (6) Annual serti~isate of compliance for elevator~, escalators (per floor), du~bwalters and manlifts: Payable sm or before December ~1 for the followlnq year $15.00 Demolition, moving or r~location of a masonry and fireplace replacement/relining $26.00 swimming Pool: ~inimum fee $50.00 Each a~ditional $500 or Kraction thereo~ o5 Administrative permit only (ne in~pe~tionn) Kiddie rides ~ajer rides Spectacular rides $10.00 $15.00 $~.0~ Reinspectlon fee: Fee charged for each inspection ma~e in excess of two, if such inspection is made inspection when the request fur inspection is made, Tradesman cards: journsyman or master $10.00 E~aminations: Journeyman'~ Master's $45.00 ADMINISTRATIVE FEES 1. Code investigation fee= residential building/ auxiliary 20% of permit fee or whichever i~ qreater Code investigation fes: coEercial building/ auxiliary 20~ cf psrm~t fee or $50.00 whichever is Permit amendments~ extensions, transfers (administrativ~ fe~) $1~.~0 application for a permit is csncelled by written request to the ~uilding official within 6 months cf the application date, or within 1~ months of th~ issue The followinq administrative fees will be deducted from the refund: ~esiden~ial building and other related permits $25.00 Commercial building and other related permit~ ~0% of fee 92-308 4/22/92 1. Mo fee shall Be required for b~ilding permits for construction where the cost of such construction is less than five hundred dollars ($500) and such oonstrueticn would not involve securing any other permit aa required by ~ 109.0 of the Virginia uniform Statewide Building Code. 2, No fee shall be required for permits for the construction of buildings designed and used for rsligious assemblies aa a place cf worship. 3. mo fee shall be reguired for building permits for constr~ctlon by county departments funded by the general fund. (o) Disnosltion of fees. Ail permit fees regulred by this section shall be paid by the applicant to the county treasurer with the building official, and upon receipt of such foss, the treasurer shall deposit ~a~e to the credit of the county general fund. (Z) This ordinance shall be eff~¢tiv~ on July 1, Ayes: Mr. Daniel, Mr. Warren, Mr. Colbert and Mr. Mc~ale. Nays: Mr. Barber. 6.B.1. P~EP~R TO 'r~ PInG COM~4TMSION AN O~DINANC~ TO AMEND ~ CODE OF ~]{~CO~]~FYOF~STEI~FI~.n. 1978. ~ ;~]9~DEDr BY ~I~G } P~4ACTIN~ ~CT~ONM 18.1--9, 21-9, Z1.~--17 ~ 21.1--280 I~EL~TING TO ~PPLICA~ON conn~ctlon wi~h land use and dovelopm~nt had bee~ aduRte~ by the Board at its April 8, 199~ meet{hq. Ne further stated the intent of the ordinance had been to t~ke effect on July t, %992 but had also taken ~ffect upon it~ adoption. indicated to amend the effective dat~ eS the ordinanne, ih would need to be referred to the Planning co,lesion for them to consider a change in the Zoning ordinance. When amked, he basis as it had as gu to the Plannlng Commission firs:. When asked, Mr. Ramsoy skated if the Board's intent was to effective date, then administratively the ~ee wo~ld not ~sar~ ~ook nc s~tisn, the fee would be implemented. to the Plannlng Commission; the tlm~fra~e in which to work; and %he appropriate method in which to address the agenda item. It was generally =gr~d the ~oard tabled action to refer to County of Chesterfield, 1978, as anende~ by amending relating to application fees in connection with land ue~ end development. CRESTE~F~ELD. 1978 AS A~DED. BY READOPTING SECTIONS ~, Micas stated the curren~ County coda prohibit~ th~ hunting of deer wit~ rifles of a ~aliher lar~er than .~ rim fire hut ~all blaGk powder huntin~ sea~on wit~ muzzle-loading ri~les ~aving a caliber cr size larger ~n a .~. He further ~tated t~e County has allowed tBis Special hunting season and State law r~ir~d th~ consideration of this special muzzle-loa~ing would ~ da~idad by th6 Game and Inland Fisheriam. H~ indicated ~e County had not received any complaints about the muzzle-lo~din~ season last year or in previous years. ~isGussion~ co~enta and ~u~stions ensued relative ~o this fo~m of hunting; the ~ifference between an antique and a muz~le-loadin~ weapon; safety concerns; the length of ~e special muzzle-loading season; an~ w~e~ t~e~e ~a~ ~ean any citizen requ~t~ or input into the initiation cf ~ basis. Board to adopt, on an emergenoy ba~i~ a ~pecial mu~le-loadlng hunting season for ~e County ~n4 to set the date cf June 10, 1~92 for a public hearing to consider readoption of th~ ordinancm. adopted, on an eme~qenoy basis, the following ordinance and ~ea~ing to consider reudoption of the ordinance: ~ ORDIN~CE TO ~END SECTION 15.1-22.5 ~TING TO THE USE OF FIREA~S ~ILE H~TING BE IT 0ROAINED by the Board of supervisors of follows; Sec. 15.1-22.S. ~uzzle-loadin~ rifles. (a) It shall be unlawful fur any ~er~on to hunt d~r with a ~fl~ of any caliber except for a muzzle-loading rifle during the special muzzle-loading season. (b) For 9urpo~s of thi~ section a muzzle-loadinq rifle percussion weapon with no telesoop~c sight, foray-five (45) caliber o~ la~ge~, fi~ing u singl~ pro~ectilx louded from the muzzle of the weapon and propelled by a% leas= fifty (50) grains of black powder. (c) ~y p~rmon violating the provisions of this section Vote: Unanlmou~ 92-310 On motion of F~r. ~oHale, seconded by Hr. Colbert, the Beard adopted the Chesterfield County Comprehensive Housing Afferdability Strategy (C~L%S] and auth0ri~d the county Administrator to submit thm document to the U.S. Department of Heuslng end Urban Development (HUD} fer their review. Vote: Unanimous authori=~d %hs 5ransfer of the full budg=tcd amount of local funding for education for FY92 by increasing the local County tranafer by $1,S70,000 and increasing estimated State revenue by $330,000 to the School Operating Fund. (It is noted this is offset by a $2,000,000 reduction in state revenue received for reimbursement of V.R.$. and group Life receipts, therefore~ no increase in over ell appropriation Vo~e; Unanimous 6.C.3. AU'£~ORIZATIUN FOR CO~IN~/AIIMI]qIST~ATOR TO EXECUTE A On mo=ion of Mr. Mc~ale, seconded by Mr. Co~b~r~, th~ ~ourd =uthorimud the CoUnty Adminiutrator to execute a contract with P~rsonal Perfo~ance Consultants (~c) to implement an e~euklve July 1, 1992. (It is noted ~ding fo~ one time start-up costa, not to exceed $10,000, will be tranmfmrrmd by the Coun=y A4mlnis=ra~or as n~m~e~ ~n ~ cu~ent fiscal year from health care savings. All other cost~ of ~ Progr~ which begins July 1, 1992 (FY93) will be absorbed by departments fro~ health care savings.} Vote: Unanimous On motion of ~r. M~i~, ~conded by ~. colbert, th~ Boar~ authorized the County Admihistrator to =xecut~ a contract with Flexible ~eneflts Consultants to implement a Flexi~le spending 1992. {It is noted said on-going cesta of the Program which wall begin on July 1, 199~ (~Yg~) will be offset by reduced ~Ot to ~ce~d $6,000, will be transferred by Administrator as needed in the current fiscal year fro~ health care savings.} V~t~ Unanimous 6.C.5. ~EOUESTS FOR BINGO/R~FFLE On motion of ~r. MoHale~ ascended by ~r. Colbert, the Board approved reque~ for bingo/raffle permits for the following erganizetiona for calendar year 1992: Chester Moose Lodge Tho~ns Dale ~usic Boosterm Vote: Unanimous Raffle Bingo/Raffl~ 6.C.6. REQIr~ST FOR ENTERTAIN~ENTFESTIVA~PERMTT On ~etien of ~r~ McHale, seconded by Fir_ Colbert, the Board approved an entertainment festival permit to the Children's Miracle Network to raise funds for the Epilepsy Unit at MCV which event will be held at the Mull Stre~% Price Club on May 21, 1992, subject to such conditions as the County Attormey vote: Unanimous 6.C.7. AP!~ROVAL OF VIRGINIA 1~OWE1% CO~AN~ CONTRACT FOI~ 19]1-1994 O~ ~otien Of ~, MeHale, seconded by Mr. ColbeFt, t~e Beard authorized the County Administrator to ~e~ute a three-year power service contract with Virginia Power Company for the period July ~, 1991 to J~ne 30, 1994+ 6.C.8. APPiq:OVALO~J'IGE O~DEI~TOFORTE~RACOI~PORATIONF~R ADDITION ~ ~ATION TO ~E ~ LI~Y 0n motion of ~r. ~cHal~, ~conded by Mr. colbert, ~he ~oar~ authorized the County A~ini~trator to execute a Change Order, in ~e amount of $12,700.72 to Fortexra Corporation for addition and r~ncvation to the Central Library %o remove unsuitable soil ma~eriai, ~rovid~ and place number 57 stone over new fabric and the d~te of substantial completion being ~arch 25, 1993. (I~ i~ noted ~aid fund~ will co~ fro~ ~e Central Libra~ Addition and Renovation Account.} Vote: Un=nlmou~ 6.C.9. SET DATE FOR A PUBLIC ~EAP~N~ TO CON~IDERTI{E T~0RD~rFARE pLAN ~$ FOR 'xn~ D~ION OF ~U~ A~ ~SION~ n~ST-~ST" ~J.~OR 0n motion of Mr. McHale, seconded by ~. Colbert, ~e soard set ~e date of June I0, 1992 at 7:00 p.m. for a public hearing to con~ider th~ deletion of th~ SDruee Avenue Extension and "East-west collector" from the Thoroughfare Plan. vote: Mr. Colbert, the Board approved the installation of a s~reetlight in the vicinity of 4024 Treely Read in Bermuda District; the street light in=tallatlon cc~t of $1,4~9.00 at the in%er~eotion Of Fo× Green (East and We~t) and Stable Gate Road; and the ~tr~t light inctalla%ion cost of $239.OQ for with ~ald fuDd~ ~o b~ expended from the Dale District Street Light Account. (It is noted there was nc cost to install the ~tre~tlight is the vicinity of 4024 Traely Road.) On motion of Mr. ~¢Hale, seconded by Mr. Colbert, the Board authorized the county Administrator to execute an Agreement for ~aintenanoe of a Stormwater Drainage System and Best Manaqement Practice Facility with Vernon B. LaPrade, owner of Irosgate, with ~he County's only involvement being to assure the Maint~nanc~ Agreement is followed by the owl~er as approved by the county A~tornay. Vote: Unanimous On mot~on of Mr. McHale, seconded by Mr. Colbert, the Board ~lectric and Power Company ~o in,tall overhead and/or underground cable for service to t~e Bermuda ~n~ed sewage ~mp S~tio~ off Be~uda Hundred Road. {It is noted a =opy of 6.C.13. AW~RD OF CON~P.~CT FOR TH~ BP-TGGS' PI~OP~ SEW~I~ LIN~ EXTENSION On motion of Mr. ~cHale, seconded by Mr. Colbert, the Board awarded Contrao~ Numbsr ~1-8187 to Southern Con~tructlon Co.party, the low bidder, in the amount of $27,834.50, for the oonstr~ction of ~he Brigg's Property Service Line Extension, which project includes the extension of 7~S L.F. ± of ~ inch wa~tewater lines and appurtenances; transferred funds in the a~ount of $~000.00 from the Contlngenay Fund 5ceount to tbs Bri~q's Property - Route 1 and 301 Capital Preject; and deou~ent~. Vote: Unanimous 6.C.14. PdZOUEST BY JGS CONSTRUCTION. INCOP~POI~ATED FOR P~q~IISSION FOR A PORTION OF A DRI¥~A¥ TO ~NCROAC~ On mutie~ of ~r. McHals, seconded by Mr. colbert, the ~uar~ approved a r~qu@st from JGS Construction to have a portion of a driveway enuroaoh within an existln~ sight foot drainage easement across Let lB, $edgefield Subdivision, subject to the eEeeutien of a license agreement. (It ie noted a copy of the vicinity mketch is filed with the pap~r~ of thin Board.) Vot~: Unanimou= 6. C. ~?. APPROVA% OF I~PILITI~S ~ONT~SkC~ PaR ~OLIDA¥ ~I~AILE~ PA~K on motion of ~r. ~cHala, seconded by Mr. Colbert, the Boar~ a~D~oved a utilitie~ co,tract fo~ Holiday Trailer Park, Project 90-0345, as follew~, which projsct include~ relocation of ~93 L.F. ± of sewer line~ and authorized the County A~ministrasor Lo execute any necessary ~ecumants: 92-313 4/22/92 Developer: Elliffe CsrparatieM Contractor: T ~ E 0onstruc~ion, Inc. Centract A~ount: Estime%sd Total - $58,900.25 Total Estimated County Cost: Wastaweter - $29,450.13 Estimated Developer Cost: - Funding Source: 5P-58350-898601R B.C. lB. ACCEPTANCE OF A P/~qCEL OF /2~ND ~J~ONG I~AST I{I~ND~ ROAD Mr. Barber stated he had recently been advised of situations in whioh property was being doDated to th~ County which wa~ unusable but had been donated by the owner in an ~ffort te eliminate tax payments on the land and inquired if thi~ applied to the~ parcel~ of land and haw it would appl~ to o~her parcels of land. N~. Sale state~ ~a acceptance of a par~s1 o~ land along East Mundr~d Road was r~lated to ~eet~ng the ulti~at~ road widt~h as shown on the Caunty Thoroughfare Plan and the accs~ance of the thirty acre parcel of land wms part of ~ prOf£e~ed Gondition for the Eivers Bend rezonin~ request approved by the Board of Zup~rvi~or~ on 5uqu~t 1~, lPgg. ~ noted the property had been reviewed and accepted ~y School staff. flexibility of staff in designating specific parcels of land for acceptance as proffered conditions; whether a meheol could be built on this site; whether parcels of land being donated to the County were researched and reviewed by staff to ensure appropriate use of the property; snd the process followed by staff in accepting these types of property donations. On motion of ~ir. McHule, seconded by F~r. Colbert, the Board of land containing O.lSO acre along ~ast ~undred Road fron Trus~e~ of Bermuda Eun~re~ ~e~ho~ist ~urch and the conveyance of a thirty acre parcel of land from 011vet D. ~xecute the necessary deeds. (It is noted copies of th~ plats are filed with ~e p~p~rs of ~is Board.) Kr. Ramsey outlined the composition of the Co~umission on ~oils an~ Foundations and noted those nomina=ed a~ the April 8, ~is time. Mr. Barbe~ ~tated he was withdrawing the name of Mr. Jay for oonsideration for appointment to t~e co~ission on soils and Foundations as Mr. Cants felt he would not b~ able ~evote the time necessary, due to him activm partlcipa~iua the State Association of Soll Scientist~, to fulfill the duties of the appointmmn~, He noted Mr. Con~a had offere~ me--ices as a consultant to the members on the Co~isslon 0n motion of Mr. Barb~, ~econded by Mr. McHate~ ~e Board category of ~oils Scientist, to serve on the Comnieslen on Soils and Foundations. On motion of Mr. Barber, seconded Mr. McHale, the Board appointed Dr. Earold Mathews, in the category of Soils $¢i~ntist~ to serve on the Commission on Soils and Foundations, who :arm is effective immediately an4 will be at the pleasure of the Board. Veto; Unanlmou~ There was brief discussion relative to the defined categories of the Commission and Mr. Barber withdrew the name of Mr. Art Nelson from the category o£ citizen-at-Large and iBstea~ nominated ~r. Nelmon, in the category of civic Am~ociatlon reDre~entatlve :o serve on the Commission. Mr. Daniel in~ioated the Board had received a l~tter from Mr. ~ioha~l ~ll~y ~xpre~ing bi~ interest to ~rva on th~ Commission. After brief dieemssi0~, Mr. Barber nominated MS. Grace Helms i~ the cat~gory of Realtor/Developer and Mr. Ba~y Wilso~ i~ the category of Financial Community/Banker to serve on the Commission of Soils and Foundations. On motion of Mr. HcHale, seconded by Mr. Barber, the Board suspended its rules to allow simultaneous nomination/ appointment at this time cf members to serve on the Commission o~ S0il~ a~d Foundatiens, Votx: Unanimous On motion of Nr. Barber, seconded by Mr. Colbert, the Board neminate~/appeinted Mr. Reber~ Talley as the citizen-at-Large; Mr. Art Nelson as the Civic Association representative; Ms. Grace Helms in the category oS Realtor/Developer; an~ Kr. Danny Wilson in the category of Financial Community/Banker to ~erue on the Cammlamion on soils and Foundations, whose terns are effective immediately and will be at the ptea~ure of the Board. Vote: Unanimous 8. H~A/%INGS OF CITIZENS ON ~H~S~ULED ~ATTENS OR C~AIMS There were no hearings of citizens scheduled at this time. Mr. Ramsay preue~ted the Board with u report on the developer wate~ a~d sewe~ e0ntra~ts execute~ by the County Administrator. M=. Ramsay presented the Board with s status report on the General Fun~ ~alanes; Reserve for Future capital Prej~ot~: District Road and Street Light Funds; and Lease ~urcha~e~. I~r- Ra~y ~tat~d the Virginia Department of Transporta~ion has formally notified the County of the acseptanoe of the following rea4s into the State Secondary System: ADDITIONS LENGTH CA~RISBROOK - {Effsctive 4462 (Bethe~da D~iv~) - Fro~ Rout~ 3532 tO exis%in~ Route 44~2 0,03 Mi 4/22192 ~INEOLA, SECTION B BAILEY RIDGE ESTATES. SECTION C - (Effeotive 3-19-92) Rout, 4101 (~arri~h Branch R~adl - Fr~m O.O~ Southwest Route 4104 to 0.02 mile South Bailey Drive (Route 4108} 0.17 Mi 'Route 410S (~ew Forest Trail) - From 0.02 mile southeast Route 4101 to Route 4105 0.21 Mi Route 4106 (New Forest Court) - From Route 4105 to Route 4107 {Parrieh Branch circle] - F=om Route 4101 to 0.10 mile Worthwa~t Rout~ 4101 0.10 Mi Route 4108 (Bailey Woods Drive} - From 0.02 mile southeast Route 4101 to Route 651 ROUte 4109 {Bailey WOODS Lane) ~ From Route 4108 to ~.0~ mi~e Southwest Route 410~ 0.03 Mi Route 177] (Ben Air Station Lan~) - From Route 683 to ~.05 mile Southeast Route 3884 0,11 Mi Route 3884 (Ben Air Station Court} - From Route 1773 to 0.10 mile West Route 1773 0.10 Mi Route 4895 (Business Center Drive} - From Route 64M to PURSUANT TO SECTION 2.1-344{A}(~}. CODE On motion of Mr, Barber, seconded by Mr. Colbert, the Board went into ~xe~tlv~ ~ionr pursuant ~o ~ctlen ~.1-344(a)(7), Code of Virginia~ 19SO, as amended, for consultation wi~h legal counsel regarding the chesterfield county Jail. Vote: Unanimous O~ ~otio~ Of M~, MoHale, uueended by Mr. Colbert~ th= Board adopted ~he ~ollewing resolution: W~=REA$, the Beard e~ Supervisors has =his day adjourned into ~xecutive Session in accordance with a formal vote of the ~oard and in accordance with thn provisions of t/~e virginia Freedom and Information Act; and W~BREAS, th~ V~rginia Free~om o~ Information Act offensive July 1~ 1989~ provides fo~ certifioation that such ~xecutlve S~sioD wee conducted in conformity with law. NOW, THeReFORE BE IT RESOLVED, that the Board of County Supervisors dee~ hereby certify that to the best of each m~m~er'~ knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of 92-316 4/22/92 which this certification applies, and ii) only soon public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed or considered by the Board. NO member F~T. McEale: Aye. I~r. Colbert: Fir. Daniel: Aye. On motion of Mr. Colbert, ~e~on~e~ by }ir. ~arb~r, th~ Roard recessed at 5±50 p.m. to the Ad~ni~tratlon Building, Room ~0~, for dinner. Vote: Unanimous Reoenvening: 1~. ZF~OCAm~R~ ~4r. Daniel in;reduced Clyde Abell, Chaplain Chesterfield County flail, who gave the invocation. of the 13. PLEDGE OF ALLEGIANCE ~ '£~t~ F~AG OF '~R~ ~IT~D $~ATE$ OF Nr. Ramgay lad the 91edge of Allegiance to the Flag of the United States of America. 14. ~$OLUTION$ AND SPECIAL RECOGNITIONS 14.A. ~COGNIZING MR. COSUA UAMES AWTRY UPON HIS ATTAINING P~ANKOFEA~LE On motion of the Board, the following resolution was adopted: WHEREAS, The Boy Scents of America ~a~ incorporated by Mr. William D. Boycs on February 8, 1910; and c~tlzmnshlp training, p~rsonml development and fitness of individuals; and ~EAS, After earning at l~a~t twenty-one merit co--unity, being actlv~ in the troop, d=monutrating Scout ~pirit and living ~ to the 8~o~t Oath and Law; and ~ER~S, ~. Joshua James Awtry, Brandermill Church, Troop $90, has accomplished those high standards of and ~am reached the long-~ought goal of Eagle Scout w~ich receive~ by less than two 9ercen~ o~ ~ose individuals entering the Scouting movement; and 92-317 4/2~/92 W~EREA$, Srowing through his experlences in scouting, learning the lemsons of responsible citizenship and priding himself on the great accomplishments of his County, Joshua is indeed a me,er of a n~w generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of gupervisors hereby extends its congratulations to Mr. Joshua James Awtry and acknowledges the good fortune of the County to have ouch an outstanding young man as one of its citizens. Mr. Warren presented the executed resolution to Mr. Joshua Awtry, accompanied by members c~ hi~ family, and congratulated him on his out~tanding achievement. 2.C. COUNTY ADMINISTRATOR'8 CO~E~TS Mr. Ramsay stated the Friends of the Library have been active in developing funding and support for library negus and introduced M~. ~az~; Ann Harmon, President of the F~iend~ cf ~he chesterfield County Public Library. Ms. Harmon stated the Friends o£ the Library was a volunteer organization end ha~ been active in developinq funding throughout the entire Library System. she further sba%ed the $50,000 don&ti0h WOUld e~able the replacement of Obsolete m~cro~iche catalog readers w~th new so~isticate~ equipmen~ which would allow patronE to r~queEt Eelection~ from a user-friendly computer terminal that prompts them if they are unsure of the title er author; that another s~rvlo~ funded by the donation from the Fr~snd~ would allow public a~ceee to reference data by computer which included various types of ~oftware programs; and, additionally, $?~500 had been set ~ide for the Family Su~er Reading Club which had attracted over 13,000 members including children, teens and adults last year. Mr. Daniel and Dr. Eobert Wagenknect, Director of Libraries, accepted, on behalf of the County, the $50,000 donation from the Friends of the Library. FLr. Daniel expressed ~is sinoero a~preoiation to the Friends of the Library for the donation and stated they had significantly enhanced the oa~abil~tiee cf the Library ~yste~. ~ 2 OF SI~CH OI~DIN~.NCI~ I~q~TING TO ~E I~kND USE APPLICATIONS TO ~IC~ (~1~$ 21.1 AND 21, RESPECTIVELY, AP~Y Mr. Jacchecn stated this date and time had been advertised for a public hearing to con~id~r an ordinance tQ amend the ordinance adopted on April 12, 1989 enacting Chapte~ 21.1 and amending Chapter 21 of the code of the coun=y of c~asterfiel~, 1978, as amended, by amending a~d fa=macring $=ction~ I(B), i(C), and 2 of such ordinance relating to the land uae ap~licatlons to which Chapters ~1.~ and ~, re~pectively~ apply~ ~ further s~ated the amendment would allow ownerz cf mobile homes in existing bu~inem~ and manufaeturinq zoning die,riots to apply for ~ew mobile home permlt~ on previously zoned property without first rezoning the property to ~ new zQning district under the ~uid~lin~ of th~' n~w Zoning Ordinance. Mr. George Beadles stated although he felt the amendment was ne¢oesary, the Board should consider allowing the Board of Zoning Appeals to approve these types of renewals for mobile homes as the requests were rarely denied. He further stated he felt the Board should consider deleting Chapter 21 And chapter 21.1 and revisiting the Qld zeuin~ There being ne one else to address this ordinance, the public hearing was closed. Mr. Daniel stated although there had been few denials for the renewal of motile home permits, the requirements for the renewal prooe~ had beco~ ~triet~r, and, therefore, ha e~ppert the ordinance at this time. When a~ked, Mr. Micas stated the ordinance, in it~ e~iet~ng for~, would not feasibly allow requests for renewal of mobile home p~rmitu tu be handled administratively. Mr. Jacobson stated the Boar~ of Zoning Appeals reviews and currently has the authority to approve the requests renewal of mobile home permftz within agricultural diztricts and the requests for renewal of mobile home permits which needed approval by the Board were located in the more suburban/urban areas of the Ceunt~. }tr. ~oHala ~tate~ he felt the current ordinance created a hard~hip on the~ who h~d economically been precluded in obtaining rezoning and hi~ ~ntention in referring the ordinance to the Planning Commission for their review had been ~O address the~e types of ~ituation~ and, therefore, he supported the recommendation. On motion of Nr. Warren, seconded by Mr. Mc~ale, the adepte~ the following ordinance: AN ORDINANCE TO AMEND THE ORDINANCE ADOPTED A~RIL 12, 1959 ENACTING CKAPTER 21.1 AND A~ENDING cHAPTER 21 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, ~¥ AMENDING ARB REENACTING SECTIONS i(B}, i(C), AND 2 OF SUCH ORDINANCE RELATINS TO TEE LAND USE APPLICATIONS TO WHICH C~IAPTERS 21.1 A~D 21, RESPECTIVELY, APPLY BE IT ORDAINED by the Eoard of Supervisors of Chesterfield County: (1) That the ordinance adopted April 12, 1989 enaoting Chapter ~1.1 and amending Chap%er 21 of the Cede of the County of Che~tarfie]d~ 1978, a~ amended, i~ amended and reenacted to read as follew~: (1] That the Code O~ the COUnty of chesterfield, 1978! as emended~ is amended and reenacted as fellows: fellew~: filed with the County after April 12, by the provi~ion~ of Chapter 2~.1; Property for which a rezoning application iA 1989, shall be governed provided, however, that 92-319 4/22/92 applications for permits for mobile hones existing continuously in the sane location in S or M zoning districts since on or before January 1, 1992, shall be governed by Chapter D. All property zoned 0, B or X on the effective date of this ordinance, or after such date if a rezoning application was file~ with the County prior to the effective chapter (2) That ~is ordinance s~all be effestivs on April 12, 1989. (2) That thi~ ordinance shall be effective on the date of its adoption by the Board of Supervisors. Vote: Unanlmoum In Midlothian ~agisterial District, SH~LT~t~IN~ ARMS HOSPITAL requested rezoning from Residential (R-15) to Corporate Office (0-2). The density of such amendment will be controlled by ~oning condition~ o~ Ordinance srandard~. The Comprehensive Plan designates the property £sr office u~e. This request liss on a 5.06 ac~ pa~c~l fronting approximately I80 fact the ~ou~we~t lin~ of Tw~nridg~ Lane, also fronting apprOXimat~ly 4o feet on North Providence Road, and located the sou~west quadrant of the intersection of the~e roads. ~. Jacobson presented a sugary of Cas~ 92SN0112 and the Planning Oo~ission and staff recommended approval and acceptance of the pro~ered condition, ae noted the request confo~ed to z~e Northern ~ea Land U6~ and Transportation ~lan. ~. Georg~ ~adles expressed conoern5 relative to th~ order the agenda and stated he felt the agenda should b= amended at this tine to b~ consistent wit~ t~e con~n% agenda o~fered by tko Planning Department. ~. Brian Merrian, representing the ~pplicant, stated the O~ ~o%io~ of Mr. Barber~ seconded by ~. Warren~ tko Board oondi~ion: Prior to obtaining a building permit fo~ the Property, one of ~e fo~lowing sh~ll be dose tQ ensure ~deq~ate fire protection for ~he Property: A. The owner or d~velop~r of the Property or th~ assignee(s) of such parties shall pay to the catty $1~0.00 per 1,000 ~quare feat of qross ~nolosed floor area of improvements ~ccated ~n th~ Prop6rty adjusted upward or ~o~war~ by the same percentage t~at t~e Me,shall Swift Building cost Index increased or decreased between June 30, 1991, and the dat~ cf pu~=nt. With the approval of ~e Co~ty's withheld, the owner and d~v~loper of ~e Property or the assignee(s) of such parties shall receive a =r~di= the required pa~nt ~et forth above for the cost of any fire suppression system not othe~ rmquire~ by law which is included as a part cf th~ d~velopme~t. 92-320 4/2~/92 Of SUCh parties shall provide a fire suppres~io~ ~yste2m for the improvements located on tho Property not Otherwise required by law which the County's Fire Chief reasonably d~ter~ines substantially reduces the need for County facilities otherwise neaeS~ry for firs Vote: Unanimous In ~idlothian Magistaria! District, JOS~i~H ~. C~A~G rezoning from Community Business (B-2) to Community Business (C-~). The density of such amendment will be controlled by zoning conditions or Ordinance ~tandard~. The ComprehensiVe Plan designates the property for general csmmercial use. This request lies on ~ 1.1 acre parcel fronting approximately feet on the north line of ~idlo=~ian Turnpike, approximately 150 feet east of Ruthers Road. Tax Map 1~-16 (1) Parcels and ~0 (Eheat ~r. $aoobson presented a s~ary of Case 92SN0119 and stated the Planning Commission and ~taf£ recommended approval subject to a condition. He no,ed the request conformed to the Northern Area Land Use and Transportation Plan. Mr. Oliver D. Rudy, representing the appllcant, stated the recommendation wa~ acceptable. There was no opposition present. On motion of ~Lr. Barber, seconded by ~r. ~cBale~ the Board approved Case ~SN01~9 ~ubject to the following condlt~on: A b~ffer shall be provided along the northern property l~n~. This buffer shall comply with the requirements of the Zoning Ordinance, Sections 21.1-226 through 21.1-Z25. Within this buffer, screening cr land~caping shall be installed ~ as minimize the view of th~ improvements from adjacent proper~y to the north. Prior to installation of ~ers~ning or landscaping, a plan shall be submitted to the Planning Department for approval. RsGuired screaming or land~caping shall be inmtalle~ within sixty (60) days of approval of this request. Vote: Unanimous In Midlothian ~agisterial District, ~%~D L, A~D ~R/A~ HODDINOTT requested Conditional Use to permit a dwelling unit separated from the principal dwelling unit in a Residential (R-40) Distrist. The density of such amendment will be controlled by zoning conditions o= ordinance ~temdards. The Comprehensive Plan designates the property for res~d~etlal ~$~ of ~.~0 units/acre or less. ~his request lies om a 6.15 acre parcel lying at the eastern terminus of Young ~aner Drive, approximately 2~0 Sset salt of Boswell Road. Tax MaD 2-16 (~} Parcel 5 (Sheet ~). Mr. Jacob~0n presented a ~%um~ary of Case 92~N0151 an~ stated the Planning commission and staff recommended approval subject tO Conditions. Me not~ the request conformed to the Northern Area Land Use and Transportation Plan. 4/22/92 Ms. Diane Long, representing the applicants, stated the recommendation was acceptable. There was no oppositien present. 0n ~etien of F~. Barber, seconded by ~r. Colbert, the Board approved Case 91SN0131 mubject to the following conditions: 1. Occupancy of the second dwelling ~it ~hall be limited to the occupants of the principal dwelling unit, their family members and quests. 2. Within sixty (60) days of approval Of this request, a deed restriction shall be recorded indicating the requirement in Condition 1. The deed book and page number of such restriction and a copy of the restriction shall be ~ubmittod to the Planning Department. Vote: Unanimous 92SN0132 (Amended) In Matoaca Magisterial District, ROB~I%T J. ~%/~TINI(O requested Cen~itiona~ U~e to permit a recreational facility in a Residential (R-~5) District. The density of such a~endment w~ll be controlled by ~on~nq conditions cr ordinance ~tandard~. The Comprehensive Plan degignate~ the property for residential use cf 1.5 units per acre or less. This request lies on 5.0 aore$, lying appre~i~ately ~0 feet off the south llne of ~en~ley Rsad~ approximately 4~400 feet west of Donegal Road ~orth. Tax ~ap 10~-3 (1) Part of ~aroel 1 (Sheet Mr. Jacobsen presented a summary of Case 925M0132 and the Planning Co~issien and staff recommended approval subject ~ =onditions. acceptable. There was no o~position On motion of Mr. Colbert~ seconded by Mr. McHale, the Board appruvmd Caae 92S~0132 ~ubjec~ tu the folluwing conditions: to 10:00 p.m., Sund=y through Thursday and %c between 8:00 a.m. and 11:00 p.m., Friday and saturday. 2. ~re shall be no outside Dubllc address system i~provements and the property lines of the adjacent lots, except that the access into the site may encroach into the required buffer if adequate scr%enin~ and landscaping is provided, This shall confo~ to the Zoning Ordinance, sections 21.1-226 throug~ 21.1-228. vote: In Kidlothian ~agisterial District, G. D. PACKAGE ~AC~iN~RY, INC. requested amendment to Conditional Use Planned Developments (Cassa 79506~ and 895N0174) tala=ira =o uses, buffers, Master Plan approval, p~an~ submission and depth of development. T~e density of such amendment will be controlled by zoning conditions or Ordinance ntandard~. The comprehensive Plan ~esignates the p~operty for residential of 1.51 units per acre or le~ and light indu~trlal u~. This request lies in Office Business (0) and Li~h~ Industrial Districts on 14.67 acres, fronting approximately 990 feet on the south li~e of Somthlake Beuleva~dr across from Read. Tax Map 17-13 .(5) ~ou~hport, Section 2, Lots 14 and 16 and Ta~ Map 17-14 (~) ~a~1%2 ($he~% Ynf. J~oobson pre,anted a sit, mary ~f Ca~e 92SN0134 an~ state4 tbs Planning Commission and staff recommended approval to ~. Damiel di~clos=d to the Board that G. D. Package Inc. was a major supplier to h~s e~ployer, Philip Morris, USA, declared a potential conflict of interest pursuant to the Virginia Comprehensive Conflict cf Interest Aot, and ~xcused himself from the ~-r. ~im Theobald, representing the applicant, state~ I~r. DO~ Dawes, ~epr~senting the ~ylton Park Association, expressed a~preclation to the applicant resolvi~g their concerns. When asked, he ~tated he wa~ not opposed to the After brief discussion, on motion of ~. Barber~ ~eco~ded Dy Mr. Colbert, the Board approved Case 92S~0~34 s~ject to th~ ~ullowlng condlt~ons: 1. The following condition~ nOtWithStanding, and ~xcept as noted herein, th9 plan submitted with th~ application and ~e Textual Statement, as amended on March 5, ]99~, be considered the ~as%~r ~lan. Ca~e 89SN0174 for the Office Buslne=s Master Plan approval. The uriginal T~xtual Statement ~ub~itte~ wi~ th~ application fo~ case S9SN0174~ relative to architectural ~tyle, scale, guallty and exterior treatment of buildings, remain~ in ~ffect wi~ the (c) This condlt~on modifies Condition 12 of detention facilities within this buffer; add to re,ire a fifty (~0) foot buffer along the western edq% of the detention (d) ~is condition ~uper~edes Condition 9 2. In addition to the usam ~u~ently permitted on the Office Buslnem~ (0) per%ion of the pxop~r~y~ the following uses shall be pe~itted: All Light Industrial (I-l) unen. (a) This condition is in ~4~itlon %o Con~ition 8 of Case 89SN8174 which, with amendment, in ~pplic~ble to thm office Business (O) per,ion of this (b) This condlt~on mupersed%~ Condition 10 of 3. With the ~pproval of this re,=mt, =he required twenty (~0) foot buffer along the Light Indus~ial (M-l) portion of the mubjeot property shall be d~l=Sed. 92-323 4/22/92 (NOTE: This condition supersedes Condition 9 of Case 79~065 for the. Light Industrial (M-l) per%ion of this request.} 4. The public wastewater system shall be used. (U) 5. For any detention/retention facilities located within required buffers, an easement approved by the County Attnrney shell be recnrded, prior to site plan approval, which provides for a fifty (5~} foot buffer along those portions of detention/rete~tion facilities net located on the request property. This off-site buffer shall comply with Sections 21.1-226 through 21.1-228 of the Zoning ordinance. In the event that off-site easements cannot be obtained, a twenty (20) foot buffer shall be provided along the northern boundary of any detention/retention facilities located within required buffers. This twenty (20) foot buffer shall extend from the required 15o foot buffer east of detention/retention facilities to the fifty (~0) foot Duffer west of detention/retention facilities. Further, thi~ buffer shall be provided with landscaplng and/or other screenin~ devices as necessary to mininize th~ view o~ development north of the buffer from properties ~outh of the detention/reTention facilities. A detailed plan depicting ~h¢~e requirements shall ~ubmitted to the Planning Department for approval prior to final approval of grading and drainage plans for any detention/retention facilities. (P) detention/retention facilities ha~e been submitted to E~vi~o~mental Engineering for review and Imposition of this condition would require submission of a plan depicting the treatment of the twenty (20) foot grading and drainage plans.] Any detention facilities within the fifty (~0] foot buffer shall be located adjacent to the required lad foot buffer along the eastern boundary of th~ Off,ce ~usiness (0) tract. 7. A fifty (50) foot b~ffer ~hall be provided along t~e southern property boundary. Except as not%d herein, this buffer shall comply with Sections S1.~-~6 through 21.1-228 cf the Zoning ordinance. This buffer shall, at a minimum, b~ land, caped at One and one-half (1 1/2) time~ the requirement= of the Zoning ordinance for fifty (50} foot buffers. Stormwater detention facilities shall be allowed within this buffer subject to t~e provision of additional buffering a~ described by Condition ~. Within sixty (60) days of the approval of this request or in conjunction with the submission of final planm for the looation and design of detention facilities, whichever comes first, a landscaping plan depicting requirements shall he submitted to the Planning Department for approval. Buffers shall be installed within One (1) year after the approval of this landscaplng plan, except that in ~o case chall b~ffers in,tailed until the exact location of detention facil~ti~ have been d~t~mine~. (NOT~: Thi~ condition ~upersede~ the TeXtual Statement (E.), relative to buffers.) 8. Facilities shall be deaiqned such that noise generated by ectlvltie~ within new buildings erected on the property produces no greater noise level at the southeast corner of the request property than does noise generated 92-324 4/22/92 by activitiam within existing buildings at the time of site plan r~¥iow, as measured at the seutheast corner ef the time of site Dian review for any new construction, a noise study aeceptabl~ to the Planning Department, which documents existing noise levels and provides for noime attenuation necessary to achieve the criteria outlined herein, shall be submitted for approval. (NOTE: This condition supersedes th~ Textual State,ant (E.), relativ~ to noise attenuation.) (MOTE: Ali other appllcable conditions of zoning approval for case 7~s065 and 895N0174 remain in effect.) Ayes: M~. War~en, Mr. Bar, er, ~r. Colbert and Mr. M¢Hale. Absent: /~n~. Daniel.. ~r. Daniel returne~ to the meeting. In Midlothian Na~isterta[ Di~rlct, B. ~. [~ATH~IAN, INC. requested amendment to Conditional Ume Ple~ed Development (Case ~9SN0174) relative to Master Plan approval, traotsr trailer access and plans submission. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates the property for r~idential ~s¢ o~ 1.50 units per aura or lams. This lies in an office Business (0) District O~ a 4.1 acre parcel fronting approximately 250 feet on the east line of Branchway Rsad~ approximately 150 feet south of $outhlake Boulevard, Tax Eap 17-15 (1) Part oS Paruel 12 (Sheet ~r. Jacobson presented a ~ummary of Case 9RSN0136 and stated the Planning Commission and staff recommended app¥oval Subject to conditions. M~. Andrew M. $oherzer, representin~ the applicant, stated the reco~endatlon wa~ a~ptable. There was nc After brief dlsousslcn# on motion of Mr. Barber, seconded by fallowing conditions: The plan dated January 17, 1992, as a~ended, and the Statement, dated February 25, 19~2, shall be considered the ~aster Plan. (NOTES: (a) This condition ~upe~sedes Condition~ 1 and 2 of (b) This condition supersedes Condition 9 of Case 895N0174. (c) Condition 3 of Case $9S~O174 will ~quir~ screeninq of loading amens in accordance with (d) All other applicable conditions of zoning approval for Case 895N0174 remain in effect.) Vote: Unanimous Mr. Daniel ~t~ted a concern had b~en expressed abou~ ~he order of the agenda an~ clarified the Board had followed t~eir Rul~ of Procedure calling the agenda iD order of ~os~ re,eats whi=h the applicanL had a~reed ~o the case as pr~nted and in which no opposition had been present. ,9OS1~O~59 (~2mended) In Midlothian ~agieterial District, CHA/~LE$ ~. AND LOUIS D, F~R~/u~l-r~ requested ~ezosi~g f~om Agricultural (A} fo Corporate 0[floe (0-2) of $.34 acres and to Community Business (C-3) of 21.16 acres, The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates the property for planned transition. Thi~ request lies on a 26.5 acre parcel fronting approximately 1,~0o feet on the south line of Midlothian Turnpike~ approximately 270 feet east of Farnha~ Drive. Tax Ma9 16-11 (1) Parcels 32, 33 and 34 [Sheet 7). 91SNO231 (A~ended) In Midlothian Magisterial District, ~ONARCO regueeted razoning from Residential (R-15) to Comm~nlty Business (C-3) of 7.42 acres; to Corporat~ office (0-2) of 7,7~ acre~; and %o Reeidential-Townhouse (R-T~) OX 2~.16 acres. Residential use of up to 8.00 units per acre is permitted in a Residential Townheuse (R-TH} District. The density of the amendment within the Community ~uslness (C~3) and Corporate Office (0-2) Districts will be controlled by zoning condition~ or Ordinanc~ ~tandard~. T~ Comprehensive Plan des~nate~ the property for a planned transition area. Thi~ r~t li~s ua 39.$6 acr=~ fronting approximately approximately 2,490 feet on th~ nor~ line of Farnh~m Drive and approximately 2,910 feet on the south line of Farnham Drive. Tax Map ~6-1B (1) 9art of Parcel 5 (Zheet 91SNDR31 and ~tated th~ Planning Cotillion and staff r~co~nd~d denial of the original applications. ~ no~d requests did not confo~ to the Midlothian Area Co,unity Lend Use and Transportation Plan. Ha thmn =eviewe~ the amen~ents submitted since the reco~endation by the Planning co--lesion and the guidelines uf the ~idlothian Arma Plan. Midlothian Area Plan and the major concerns expressed had been related to ~affi~. He fur~er stated when th~ ori~i~al had been discussed with the neighborhoods in the area, there had been a significant amount of opposition to the request and taken place between the representatives for the applicants and the area neighborhoods and, at this point in time, he could support sending the r%quezt hack to the ~lanning Co~iz~ion received letterz from reprezentativa~ of bot~ applicant~ supporting th~ request being remanded to the Pla~ing M~, Oli~r D. ~udy, r~pr~s~nting ~rles H. and Louis D. re,eats being remanded to the Planning Co, imPish and indicate~ their wi~lin~nmss ~ attempt to re=olvm the Mr. ~dward Willey, representing Bonarco A=~oclat~, =tat~d they also =up,or=ed ~ ~ocmmendation to remand the re~uests to ~e ~lanning Co~i~=ion and ~ndlcated they w0~l~ mak~ every ag[crt =o meet t~e ~idelines of the Midis%blah ~ea Plan and address the concern~ ~pr~e~ by %h~ ~eighborhoods in area. ~en asked, Mr. Micas clarified when a request for zoning come~ b~foro the Board and the reco~endation is to deSar or 92-326 4/22/92 r~and the ces~ to the Planning Commission, the public process would allow citizen comment an the recommendation. ~r. George Beadles stated hc f~lt the requests should be deferred fo~ Sixty days to provide an opportunity for tho~e invslvsd ts meet and attempt to resolve the concerns rathe~ than remanding the requests to the Planning Co~mis~ion. He £urther s~ate~ the requests had already been heard once by the Planning Commission and if the Board was not satissiad with the requests or did not Want to defer; ha felt the requests should then be denied. Fn;. Warren stated he felt in certain ca~es~ when ~ajor c~hanges in zoning ~eq~=~ts have occurred during the tlm~ after the Plannlng co~ission has h~ard the requee~ and before it comes to th~ Board, there was validity in remanding thm reqttest to the Plannin~ co~i~sion for further ~. Daniel ~tate~ he felt the chang~ in the r~emts had ~ignificnnt and the is~uem r~tating to the magnitude of the change should be addressed prior to the re~sts being heard by the Board. Mr. Jim Harris, Pr~siden~ of Ston~enge Civic Association, the Planning CocA.mien; ~a= their concerns had been the same as ~ose expressed by the Planning Co~ission and mtaff; that the original requests ha~ changmd significantly; and they were willing to work with the developer to achiev~ ~ project which woul~ act adversely affect their community and would be in the ~eMt interest to the County. Mr. War~n mub~itted into the record a letter from ~. ~im ~arri~ and ~s. ~ary Ann ~armon ou=llning their concerns r~qarding the requests. representatives for the appli0ants and felt they were in fur~mr mtatm~ he had received nu~e~o~ inquiries regarding development on Midl0thian Turnpike and concernm had b~en would llks the applicants to make amendment~ to the requs~t~ no later than May 18, 19~2, %o allow the request to be h~ard by the Planning Commission at its mee=ing in July. Discussion, co~ent~ and gua~tion~ ~n~ued relative to the appr0pria~e process in remanding the requests to the Planning co~ission and the timeframe in which the request~ could addressed by the Planning co~ission. date ~peoific public hearing at the Planning Co~ission level and the Board ~ould request th~ applicants at thi~ time to ~ee to %he date of said public nesting. ~. Rudy and Kr. Wiltey agreed all amen~ents reg~r~in~ the Mr. Barber mad~ a ~otion, s~conded by ~r. Warren, for Board to remand Ca~e~ 90SN0259 and 91SN0~31 to the the Co~i~i~n o~ July 21, 1992 and for ~ applicants to submit to =he County, on their own a~oord, all amen~ents to the requests no late~ than May 18, Mr. Wa~en inquired if~ after the established negotiations continued between the neighborhood~ and the representatives for the applicants, and an agreement was reached whether it would prohibit them from bringing forth the p~po~al £o~ consideration. Mr. Barber stated h~ did not feel th~ stipulations impo~d would change the process followed by the Beard. Mr. Daniel called for the vote on the motion made by Mr. Barber, seconded by Mr. Warren, for th~ Board to remand Cases 909N0259 and 91SN0231 to the Planning Commisoien which requeeta would be scheduled ko Be heard by the Commission on July 21, 1992 and for the applicant~ to ~ubmit to the County, on their own aosord, all amendments to the requests no later than Way.18, 1992. Vote: Unanimous 92~0~04 Xn Bermuda Maqisterial Di~tric~, ~XX~J~%.N COi~POi~ATION requested rezoning from ~eavy Industrial (M-3) to Hea~ Industrial (I-3). The density of ~uoh amen~ent will controlled by son~ng conditions or Ordinancm mtandardm. The Comprehensive Plan d*signates the property' fo~ light i~d~strial use~ Thi~ r~qua~t li~ on a ~.97 acr~ parcel fronting approximately ~5~ fa~t on the south line of Old R~blewood Read. Tax MaD 117-14 (1) Parcel 6 (Sheet Mr. Jacobsen pr~z~nted a zu~ary of Case 92SN0104 and stated th~ Pla~in~ co~is~ion and staff reco~endad approval noted ~e Planning Co~isslon had reco~nded a fifty foot b~ffe~ b~t staff had reco~ended a hundred foot buffe~. Dis~ssion, cements and questions ensued relative to ~e buffer; and wh~ther concerns had been expressed regarding u~e of ~m ~rop~rty. ~. Doan Hawkins, representing ~he applicant, mtated further stated the company had been at this site and o~erating since the early 197o's; that the applicant wanted to rezone to Ordinance to obtain a variance %o a setback along ~ front par~ of the property to construct a~itional offic~ space; ~at the majority of the chemical~ u~%d wer~ household chemicals and they harm nu~ experienced any ~roblems with handling of the ~ate~ial~; and that they wo~ld like the to remain the same and, thermfore, were in agreemen~ with the ~eco~dat~oa of the Planning Commission for a fifty foot buffer. Disoussio~,~ do~en%s and ~estions ensued relative to the c~rent M-3; the ~ifSerence between ~-3 and I-3 u~e~; wh~er the appli=ant had other option~ available in obtaining ~ variance. Mr. George Beadles stated he felt the request should be ordinance. After brief di~cn~ion, on motion o~ ~r, ~oHal~, s~cond~d by Mr. Colbert, the Board approved Came 929N0104 subject to the following A minimum fifty (S0) foot buffer shall bm maintained along the ~outh property line of the request ~te. buffer shall comply with the requiremen~ of %he Zonln~ Ordinance, section~ 21.1-226 t~ouqH 21.1-228. (CPC) 92-328 4/22/92 And, further, the Board accepted the following proff~re~ condition: Prior te the issuance of any additional accnpancy p~rmits, additional pavement shall be oonstr~cta~ along Old B~rm~da Hundred Road at ~he approved access provide a right tarn lane. Vote: Unanimous ~.2b"l, IOll? In Midlothian Magimterial District~ TS~USTH~$, ~ e~ansion of a private school in a R~e~tfal p,rmitted in a Residential (R-~5) Di~riQ~. The ~ensity ~u~h amendEent will be controlled by zening conditions Ordinance ~tandard~, The Comprehensive Plan ~e~i~nm%~ property for publ~c/~i-public u~e. This re,est lie~ on an line of ~cRae Road~ al~o fro~tinq approximately 200 feet on th~ north line o~ Rockaway Road, and approximately 250 feet the northeast linc of Quaker Lane, and located at th~ inter~ection~ of N~R~e Road, Rockaway Koad, and Quaker Tax ~ap 10-10 (4) Bon Air Pla%, Block 2, Lot 1; Block ~%, LOt ~; and Block 12, Lots 2A ~nd ~ (shmet 3). Saint Miahael'~ Episcopal Church, d~cl~red a ¢onflic~ of interest pursuant ~o th~ Virginia Comprehensive Co~flict of Inter.st Act, and excused himself from the meeting. ~r. Jaco~son pre~ent~d a ~u~ary of Ca~ 92SN0117 and stated Nr. Ed Prayer, representing the applicant, s~at~d the demolishing an existing two-story buildln9 and addin9 additions onto the ~cho01 to allow them to enlarge existing classrooms. H~ noted there would be no increase in school enrollment and re~ested th~ Board to giv~ favorable letter outlinin~ hie concerns regarding the request; that fait churches, schools and ~ther non-profi~ organizations ~ho~ld enforce mandatory pumping of s~pti~ tanks every live Mr. Daniel inatruatad the County A~inistrator to ~¢hed~l~ review of the Septic ~a~/Pu~lic sewer Polioy at an upcoming approved Case 92SNQl17 subject to the followin~ 92-329 4/Z~/92 1. Development shall conform to the requirements of the Zoning 0rdinanca, A~ticla 6, Divisions 1 and 2~ (P) The public w~stewuter ~ystem ~hall be used for all nmw buildings and/or ad4itions to existing buildings on the request site not appearing on the plan entitled "St. Michael's site Plan, Schematic C,'~ dated 12-16-91. (U) 3. Except where adjacent to Riverside School (Tax Map 10-10 (4) Ben Air Plat, Block 12, Lots 2. §k and ~B), all playfield~, courto or similar active recreational shall be located a minimum of 100 feet from adjacent properties. 4. Except where adjacent to Rivermide School (Tax Map 10-10 (4) sen Air Plat, sleek 12, Lots 2, 5A and PS) and improved, publicly maintained roads, a fifty (50) foot bu£~er shall b~ maintained around the perimeter of the site. This buffer shall comply with Sections ~1.1-~26 ~hreugh 21.1-~8 of the zoning ordinanoe. (NOTE: This oonditien would allow ~he deletion of buffers at ~uch time ~hat adjacent right= of way to the north and west are improved as public roads that maintained by the Virginia b~part~ent of Transportation.) ~ir. ~icas reit=ned to the meeting. ~I~N}IIN~ COMMISSION requested Conditional Use to permit a wastewater pumping station in an Agricultural (A) District and an access easement in Agricultural (A) and Residential IR-25) st. Stephens Way and ending approxlma=ely one (1) mile southwest of St. Stephens Way. The density cf such ~mendment w~ll b~ controlled by zoning conditions or 0rdinanoe st~ndard~. The Comprehensive 91an ~e~ignat~s the property for 1-1~ (11) Salisbury Hills, Section 2, Part cf Lots 5 and 6; and Tax Map 6 (1) Part of Parcel 27 <Sheets ~ and 4). the Planning Commission and staff recommended aD,re.al subject to conditions. recommendation was acceptable. applicant for ~hese types of reque~t~ er if re~ained approved C~se 92SK01~7 =ubject to the following conditions. Development ~hall comply with th~ requirements of the Zoning O~dinunoe (Chapter 21.1) A3ctiole 6, Divisions 1 and ~ for u~s adjacent to residentially zoned propsrty. (?) (NOTE: Inpomition of this condition will r~quire that all off-site utility iinas, such as electric power line~, 92-330 which ~erve the proposed wastcwator pumping station excluelvaly, be inst~lled underground.) 2. In addition to the architectural requlreme~tS of the Emsrging Qrow~h Distrlots, the wastswaLer pumping station structure shall have an architectural ~%yle ~imilar to the elsYa~ions submitted with the u~lication. 3. chain-link type sscuri~y £ences shall he permitted on the site until such time =hat adjacent property is for rssidential use, at which ~ims the chain-link fence shall be removed. D~ccrativo fsnoing, compatible with rssidantial d~v~lopment shall be permitted. The type of fsnclng shall b~ approved by the Planning Department. (NOTE: This condition would not preclude the use d~ooratlvs ~sncing with ~n~tlal construction of facilities.) 4. In conjunction with site plan r~vi~w, a plan for controlling dus~ from ve~iclos traveling along the road shall be submitted to the Planning Oepar~ent for approval. (P) 5. At such time as requested by the Planning Departmsnt, a pedestrian access righ~ of way shall ~e recorded within the buffers for public acca~ to Michaux Cree~. The sxact location and width of the right e£ way shall be approved ~y the Planning Department and the Department of 6. Buffer~ shall b~ provided around the perimeter of the proposed wastewater pumping station in accordance with the buffers ~epicted on the site plan dated Oetobe~ 1991 and submitted with the application. These buffer= ~hall ~o~fer~ ~u th~ reguirsmsnts eS ~he Zenin~ 0rdin~nce, Saction~ 21.1-226 through ~1.1-~9~ (a) (1). Vote: On motion of ~r. McHale, ~e¢onded by Mr. Colbert, the Board adjourned at 8:45 p.m. until April 29, 1992 at 7:00 p.m. a% Bailey Bridge Middle School f~ a public hearing to consider applicants f~r appointment as ~atoaca District school Board representatiwe. Vote: Unanlmeu~ County Ad~in~tratol~ ~r~k~r9 -<f//genie 1 Chairmaq%