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05-26-93 MinutesMr. Al-khur S. Warrem~ Chalr~an Mr. Edward B. Barber, Vice Chrm. Mr. Whaley M. Colbert Mr. Harry G. Daniel Mr. ~. L. NcHale, III Mr. ban~ B. Ramsay county Administrator staff in Attemdamce: ~. Marilyn Cole, Exec. A~st. tm County Ad, in, F~rs. Dor±s R. DeHart, Assr. Co. Admin., Intergavern. Affai~a Hr. William D. Dupler, Building Official Hr. Mike Golden, Dir.~ Parks and Recreation Hr. Bradford S. Ham~mer, Deputy Co. A~in.~ ~. R~SS=i1 ~u~ris, county ~. William ~. ~owell, Dir.~ General se~ioes ~. Thomas E. Jacobsen, PIT., Planning Internal Audit Di~., ~. Robert L. Mamden, Deputy Co. Admin., ~n ~. Richnrd M. McElfi~h, Dir., Env. Enginemr~n~ ~r. Steven L. Micas, County Attorney Col. J. E. ~itt~an, rt., Police Department Clerk to the Board Mr. James ~. L. Steamier, Dir., Budget & Management Mr. M. b. gtith~ Deputy Co. Admin., Co~ity Mr. David H. Welchon~, Pir., utiliti~ EE. Frede=ick Willim, Jr., Dir., Human Remourcm Mgr. l~lr. Warren called the rsp~larly scheduled meeting to order at 3:00 p.m. and stated Mr. Daniel would be a~ivin~ late to the On motion of Mr. Colbert, seconded by Mr. Warren, the Board ~umpeuded its rules at this tine and amended the agenda to add Item 1.B., Approval of Minutes for May 20, Ayes: Hr- Warren, ~r. ~arber, ~r. ~olbert, and Mr. MoHale. Absent: Mr. Daniel. 5/~6/93 1. ~PPROVAL OF N~NUT~S 1.~. MAY 120 1993 On motion of Mr. Colbert, seconded by Mr. McHale, the Board approved the minutes of May 12, 1993, a~ amended. Ayes: Mr. Warren, Mr. Barher~ Mr. Colbert! and Mr. McHale. Absent: F~r. Daniel. 1.B. MAY 20, 1993 On motion of Mr. ~cHale, seconded by Mr. Colbert, the Board approved the minutes o~ Kay 20, I993, as submitted. Ayes: Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. McHale. Absent: Mr. Daniel. Mr. P~m~ey e=stedt~e Di=abil~tie~ Ser~io~ Board World present their Six Year Report to the Board at 7:00 p.m. ~e then recently honored byth~ ~tat~ A~ooiated Press for "o~t~tanding Effort by an Individual Reporter" and stated the Award tran~lat~ to the "be~t radio reporting in the State oS Virginia." He further stated KS. R~inhardt also received a Meritorious Award ~rom the Assooiate~ Press an~ congratulated her on her accomplishments. 3. BO~RD COM~ITTEE REPORT~ Mr. McHale stated he attended ~he Richmond Regional Pla~nlng District Commls~ion m~etlng; the County/School ~oard Liaison Committee meetln~; and the Social Services Board ~eetinq. He luncheon and their ncnference Nould be held June 16-20, 1993. He encourage~ sll localities to participats in the conference and noted the ~ignificanoe of the conference being held in the Richmond ares. He further stated he recently visited the A~erican Red Cross and the Red Cros~ is in need of volunteers and encouraged those interested to contact the American Red Cross or the Clerk to the Board of Supervisors Office. ~e then stated he and Mr. Daniel are holding a joint constituents ~eeting on May 27, 1993 at Chester Baptist Church regarding the Committee on ~he Future's long-tangs economic development ~lans for the CouBty. ~r. Colbert ~tated the American Red Cross provides s valuable service to all citizens and also encourmgsd tho~e interested to volunteer for the Red Cross. He further ~tated he attended th~ civic and Progressive Action Association of the Matoaca Magisterial District IC/~D) meeting and met with Ettrickcn the Move to discuss crime issues and solutions. F~r. Barber stated he and Mr. Warren a~e holding a joint constituents meeting on June 7, 199Z at Bsn Air Presbyterian Ch%l~c~ to d±ecuss lo~g-te~m economic development i~u~ in the County. He expressed appreciation to residents and, psrticularly, ~taff who recently attended a meetinq with =he Queensmill civia A~sooiaticR. a re~olution on th~ ~ealing ~eart of A~rica and stated he is ha~y to scs this underway. He further stated ho attended the dedication ceremony for the Central Library being named ~he "Elsie El~ore Building." ......... L ...... J .I., I I L CHAN~E~ ZN T~ ORDER OF ~ESE~T~TZO~ On motion of ~[r. ~c~ale, seconded by F~. Colbert, the Board re~laced Item 7.D.2,, i%~andment to Minutes o£ April 2Z, 1993; replaced It~ ~.B., work Session on Solid Waste ~nagement; added Ite~ 7.D.14., Award of Cosetruction .Contract ts Wsolfolk Construction UomDany ~or ~enovatlon of the ~eadowdale Library to fellow Item 7.D.13., Acceptance of a Bar~el Df Land Contmlni~g 0.74 Acres ~rom Tarmac Mid-Atlantio, Inc; added Item 7.D,15.~ Set Dote for ~33olic ~earing to Consider the J~f£~rson- Oavi~ Corridor Plan and Related ordinance A~endment bo fellow Ztem 7.O.14.~ and added Item 7.D.16., R~sohe~le Date for Public ~earing to Con~ider the Southern ~nd Western ~ee ~lan and Related Ordinance Amendments to follow Item 7.D.15, and, adopted the agenda, as amended. Ayes: Mr. Warren, M~. Barber; Mr. Colbert, and Mr. ~e~a%e. Absent: ~dr. Daniel. Mr. 8to~aie~ prosented an overview on ~he 0uarterly Performance Report ineludin~ building permit~ for single-family homes and t~o rate of dmcline for single-family residential building permits. There was brief discussion relative to the County being u~der a united States District court order in m~eting certain processing guidelines at it re/utes to food ~tamD~ and the elJgibility requirements in recipients receiving food stamps. ~. Ste~maier then reviewed the incrust9 in library circulation and ~a impac= of new libra~ie~ to the Library ~ystem; the increa~ in the nu~ of policu afros=s; respon~ by the Fire Departm~t for m~dlcal assistance calls; and the increaEe in =he average daily jail population. He stated ~e County is e~tlmmtlng a savings of approximately ~e&l,O00 ~ue to proa~tiV~ Th~r~ was brief discussion relative to total~ality management in p~a~ing; the County'~ r~putation as a singl~-f~ily real conti~ing ~o improve. (It is noted a copy of the Quaxterly Performance Report i~ filed with ~e pa~rs of t~is board.) 93-340 5/26/~3 B. 8OLID ~TEM~NA~EMENT Hr. Hammer stated the Boa~d previously held ~ work session on solid waste management and at that time, sta~ was directed to continue to refine figures. He presented an overview on solid waste management i~sue~ including sanitation . oost~ and revenues; options available for the Northsrn A~ea Landfill; the advantages uf land~ill Drivatlzation; the impact of the Environmental Protection Agency Subtitle D regulations £or Landfills; and ~_he characteristics of the Northern ~ea Landfill for fill projections. He then reviewed the various options available in continuing to operate the Landfill. There was brief discussion relative to the amour of the tipping fee charge~ at the ~orthern ~eu Landfill and how the Mr. ~er continued to review the various options available continuing to operate th~ Northern Area Landfill; ~e ~u~ ~tat~d to height at th~ Landfill; the issues associate~ with private Landfills having financial a~vantages over public Landfill~; and the eoono~ic factor~ impacting County tipping- and th~ impact of private Landfills operating in g~nerat~d at the Northern Are~ Landfill and stated the County is ~rrently e~erienclnq a $.5 ~illion deficit in Landfill ~orth~rn Ar~a Landfill including uperating a citizens operating the Landfill am a transfer station. ~n reviewed operations of closure related to the ~andfill and the impact of the options on the FY94 budget and funding al~ernative~, There was brief dimcumslon ~elat%ve to privatizing the Landfill. center at the Landfill beginning in October; and continuing to investigate francBisinq initiatives for collection and recycling pro.ams. for ~onthly trash collectio~ a~d bagged-leaf collection as well a~ un ad~umtment of fees for leaf Vacuum an~ citizen u~ ~f th~ landfill/~unsfer stations and the impact ~at re~ulting revenue woul~ have on ~e FY94 budget Mr. H~er ~hen reviewed the productivity of t~e County's sanitation crews including snow r~oval for llbrar~es; the once-a-mon~ %rash collection program; mpeciat pick-ups on demaD~by citizens; ~e~icing the Winterpock dumpster sitm and all County d~p~tar~; ~upervising all crews for op~ration the leaf-=ollectlon program; and ~e pinup of yard waste. then reviewed the monthly trash collection program including its cost to the County; fran~ising collection servides and the options available~ and minim~ and extended service level options, 93-341 There was brief discussion relative to the County's ability to require basic service levels of commsrclal trash collectoEs Who may be ~ranohised to do business in the County. Mr. Hammer then reviewed staff recommendations for franchising services to i~clude the requirements that any Service would be self supporting and would provide a basiu service level to include w~ekly ~rasb csllectlon, yard waste collection, and recycling service. Mr. Daniel arrived at the meeting. Mr. ~ammer continued to review staff re¢o~sndations~ trash, yard, waste, a~d recycling services~ providing basic and enhanced service levels; and being sensitive to the hauling industry in assuring competition. He then reviewed the lea£- collection program; the vacuum-leaf collection pro,ram; the Drspe~e~ no-burn areas; the bagged-leaf colleotlen program; the C~rb~ide-rcGyoling Dro~ram end the curbslde collection area; and the FY94 b~dget adjustments n~eessary to meet service demandm. When asked, he mtatad staff lo requesting the Board to provide the direction necessary to Dursus and Drovide d~tailed ~'ians regarding the closure of th~ Northern Ar~a Landfill and to ~efer franchising issues ko the Solid Waste Advisory CoI~mlt=ee for their review and recommendation. There was brief discussion relative to scheduling a public hearing to ~e¢¢ive citizen imput regarding franchising issues minc~ the issue is being referred to the solid waste Advisory Committee. Mr. ~cHale statmd he f~lt the Boa~d should define the i~snem to be addressed by the Solid Waste Advisory Committee as exclusive franchising is different than the methods currently used in the County. ~e furthe~ Stated he is in agreement wi~h the Committee addressing "free market" franchising opportunities. ~tr. Daniel stated he felt =~s Solid Waste Advisory Committee should add, ess "territorial" franchising as the Soard has ae obligation to provide a mechanism for collection and recycling at the least possible cost to the taxpayer. ~e further stated the Committee should address competition among small hailers; concerns b~ing addressed through the Request for Proposal process; and the on, ire issue of solid waste with the Co~%ittse making reco~ndation~ in meeting recycllnq and solid wast~ disposal needs at a minimum cost to the taxpayer. There was brief diet, salon relatiws to the Committee reviewing Hr. Barbe~,stutsd he felt the solid Waste Advisory Committee ~houl~ review all issues related to the collection of solid Mr. Warren expres=ed co,corns rela=ive to the timeframe in which the issues could he reviewed by the Co~mlttee and indicated he felt recycling shouI~ b~ encouraged. Discussion, comment~, and questions ~nsued relative to the proposed reeo~endations from ~taff; the wagte collection ~ervices Offered in the Cities of Colonial ~eights and Eopewe11; and the timeframe in which mtaff could bring the issues to the Board for consideration. After brief discussion, on motion of MAr. MSHala, seconded by ~r. colbert, tho Board d~eOted staff to prepare the necessary detailed pla~ and schedule to close ~he NonthernA~ea Lamdfill in October, 1993; to operate a citizens convenience center at the Landfill beginning in O~tob~r, 1993; and to refer £ranshising alternatives for collection and recysliu~ pro, rams 93-34~ 5/2,/93 tc the Bolid Waste Advisory Co~ittee for their review and recommendation and for staff to bring the detailed plan and schedule far closure of the Northern A~ea La~dfill to the Bourd for consideration within sixty days. Vote: Unanimous and the impact the programs would have on next year's budget. C. UPDATB AND RE~IE~ OF BHRINK/SWELL BOIL ~TI~ITI~ Kr. Stith stated the Boa~d has taken significant action in addressing issues relative to sh~i~Lk/swell soil. He introduced Mr. Dupler to present an overview of shrink/swell soil activities. Kr. Dupler presented an u~date and review os ~hrink/swell soil activities including the imDl~e~tatie~ of the engineered ~ooting policy; the establishment of the Commission on Soils and Foundations; the development of the legislative agend= relative to shrink/swell soil; improvements implements~ in the Building Inspections Department; the development sf proposals from the Co=omission on soils and Foundations and County Administrator to address issues relating to shrink/mwell goit; and the establishment cf the Citizen Assistance Program to help homeowners deal with problem~ related to shrink/swell damage. He then reviewed initiatives which have been accompllshed insludlng the ~tabli~hment Of the shriak/~well Boil Task Force; implementation cf recc~endation~ by the Co~u~ission on Soils and Foundations and County Administrator; implementation of a continuing ~nspester training program; 19gi~lation approved r~g~rding shrink/swell soil issues; implementation of a concreting inspection program; and establishment of the Citizen Azsistanos Program and the Ombudsman po~iti0~. He then reviewed the status of the audit recommendations of Co09ers & Lybrand and s~rategles developed to respond to the audit racoim~endations including establishing a continusus training program within the Building Inspections Department; re-evaluating automation improvement reque~t~ and consolidating small related projects into system development project~; ~t~blishing a complaint tracking system/realigning department ~unst£on tu ~erve as a steward for the citizen; and establishing the Ombudsman position te assist citizens with resolution cf problems. There WaS Drier discussio~ relative to the complaint tracking ~ystem as it relate~ to ho~o%q~r~ building homes and being able to contact the County to receive ~nformation on the hi~tory of a builder. Mr. Dupler then reviewed the r~commendatlsns implemented from the Co~mls~en on Soils and Foundations and County Administrator and the continuous inspector training program. There was brief discussion relative to training objectives Mr. Duplar than reviewed approved legislation relative to shrink/swsll soil issues. There was brief discussion relative to warrantie~ On ha~es if a builder is the first cc=upas= of the home prior to selling the home to a prospective homeowner. Mr. Dupler then reviewed the ccnsreting inspection process including th~ n%~T~er of pe~it applications; the number of contractors utilizing the County contract insp.ctors; and the number o£ contractors utilizing independent concrete 93-343 5/26/93 inspeetor~. There wam brief discussion relative to the construction inspection process implemented by the County and the process ~r. O~pler continued to review the COnCreting inspection process including independent engineers conducting beth footing and ~oncretlng inspections; independent engineering inspection reports being received in Henrlco County although not required by that legality; and the majority of metro jurisdictions perfo/-ming footing projeotica inspections. There was bri~£ discussion relative to other jurisdictions adopting the county's inspection policies. Mr. Dupler then reviewed the role of the Citizen Coordinator and the Engineering an~ Legal Assistance Program. There was brief discussion relative to an engineering survey being requested if a ho~eowne~ is not ~at~fie~ with the initial inspection. Mr. DuDler continued to review the role of the Engineer in the Citizen Assistance Program; the number of applications recelve~ for the ~re~am; the number of inspeGtions conducted by building inspectors; the number of applications sent ts engineers; the number of applioations received f~0m engineers; and the nunber of applications r~f~rre~ ~o ~he attorneys. Discussion, comments, and questions e~s~ed relative to the number of inspectiong eon~eted ts date by the building inspectors; w~ether the hsmebuilder recelve~ notification when an application ha~ been referred for legal assletanos; a~d the numar of appllcation~ which have been referred for legal assistance. Mr. Warren ex, reseed appreciation to staff for their efforts relative to the shrink/zwell soil issueg. Mr. Steg~aier prezented a brief financial summary of the projected engineering and legal coats and stated there wa~ a shortfall of app~oxinately $B~1,960. He further stated the $%~5 fee On residential building permit~ would have to extended an additional ~.B year~ to co~pensate £cr the shortfall. Ther~ was brief ~iscussion rslatlv~ to the length of time tbs $125 fee should be collected. Mr. Dupler clarified the $125 fee woul~ have to be collected until January l, ~996 to compensate for the shortfall. ~r. ~arris presented a brief overview of the current activities of the Office of the Ombudsman including meeting with staff, legislators, and interested groups~ observation of the engineer'~ ~eview of hom~ in the Citizen A~istance Program; developing a homebuyer's training ~minar with the County's Extension Service; the creation of a loan program wit~ First Virginia Bank~ meeting with hone warranty OCmpSnies operating in the County; and initiating research ~ntc the Dieting method of foundation ~t~hilization. When asked, he ~tated he has ~¢~iv~d positive feedbac~fr~m ethers regarding the efforts Of the County in addressing shrink/~well soil Mr. Oaniel expressed appreciation to the Co,mid,ion on Soils and Foundations and ~tated he felt the Board should recognize the ~fforts Of the Commission members at a future Boar~' meeting. Ke further state~ a number oS recommendations made by 93-344 the Cast, lesion have teen implemented and as of May 1, the process £or accepting applications for participatian in the County's Program was Completed and should not be reopened. He £urther stated he would be opposed to any measure for the Co~/~ty tO p~ovide financial assistance to homeowners with feundation problems as he felt these matters should he addressed between the homeowner and their contractor through the County's Legal Assistance Program. Mr. Warren stated it was his intention for the Board tO receive an update on the efforts of staff regarding shrink/swell soil issues. He further stated staff would prenent an additional i~Dortant not to delay brinqing thi~ issu~ to a conclusion. ~Tr. ~cHale inquired as to the timeframe in which the engineers would complete their work. Mr. Dupler stated the Prcqrsm would be completed in approximately six ~e~ths. Mr. Barber stated he felt the County has taken ~erous steps in attempting to resolve the issue of ~hrinK/swell soil is~ue~ and after the projected six mcn~h timeframe, the Board will be in a better position to make an informed decision. There were no ~eferred I~ems scheduled at ~his t~me. ?. NEW BBSINES~ ~ONS~D~TION OF CL~TM OF ~R. RONALD WOOT~N ~_r. Micas stated M~. Wooten has made a claim against the County £er $25,000 arising out Of a drunk-dr~vimg arrest! ~taff ham reviewed the claim! d~termi~ed that it is unwarranted, and recommends d~nial of the claim. On motion of Mr. Daniel, seconded by Mr. MeHale, the Board denied consideration of a claim of ~r. Ronald Woo~e~, in the amount of After bris£ discu~sion, on motion of Mr. Barber, seconded by simultaneously nominate/appoint representatives to serve on the Camp Baker Management Board. Vote: Unani~o~ Mr. Warren nominated Mr. Vinos ~urgess, representlnq Clover Hill District, to ~erv~ on the Camp Baker Manaq~me~t Beard. M~. Colbert nominated M~. Barbara Snider, r~presenting Matoaoa District, to serve on =he Camp Baker Management Board. Mr. Barber nominated M~. A1 Elks, representing Midlathiam District~ to serve on the Camp Baker ~anagement Boar~. There was b~ief discussion r$1ative to the me,bets of the ~oard Richmond~ea A~ociation for Retarded Citizens representative. 0n motion of Mr. Daniel, sm=ended by ~r. Warren, the Board simultaneously nominated/appointed the following per, one to serve on the Camp Baker Management Board, whose terms will be effective immediately and expire as indicated: NkME DISTRICT TERM Mr. Vince Burgess Ms. Barbara Snider Mr. A1 Elko Clover Hill Matoaca Midlothian 04/30/95 04/30/96 04/30/94 And, further, the Board deferred consideration of nomination/appointment of a member, representing the Richmond Area Association for Retarded Citizens, to serve on the Camp Baker Management Board until June 9, 1993. Vote: Unanimous (It is noted Mr. Phil Innis, Chief of Recreation, of the County's Parks and Recreation Department, is designated as the contact person to the Camp Baker Management Board, serving in an advisory capacity.) 7.C. STREETLIGHT INSTALLATION COST APPROVALR After brief discussion, on motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following streetlight installation cost approvals: * Intersection of Ransom Hills Court and Ransom Hills Road, Cost to install light: $740 * West Hundred Road, entrance to Curtis Elementary School No cost to install light And, further, the Board deferred indefinitely the following streetlight requests, in Bermuda Magisterial District: * Intersection of Ransom Hills Road and Ransom Hills Terrace * Intersection of Ransom Hill Place and Ransom Hills Road * Intersection of Ransom Hills Road and Ransom Hills Turn * Clear Springs Place, end of cul-de-sac (It is noted said funds will come from the Bermuda District Streetlight Fund.) Vote: Unanimous 7.D. CONSENT IT~M~ 7.D.1. RATIFICATION OF ~NDNRNTS TO THE BY-LAWS OF THF GREATER RICHMOND TRANSIT COMPANY ("GRTC") On motion of Mr. McHale, seconded by Mr. Colbert, the Board ratified action of the Greater Richmond Transit Company (GRTC) Board of Directors to amend the GRTC By-Laws, pursuant to Article IX, Section 1, as follows: Change regular meeting date of the GRTC Board from the third Wednesday to the third Tuesday of every month; Correct three grammatical errors in Article IX, Section 2, of the GRTC By-Laws. Vote: Unanimous 93-346 5/26/93 (It is noted a copy of the amendments are filed with the papers of this Board.) 7.D.2. AMENDMENT TO MINUTES OF APRIL 28, 1993 On motion of Mr. McHale, seconded by Mr. Colbert, the Board amended the minutes of April 28, 1993 as follows: FROM: "On motion of Mr. Barber, seconded by Mr. Colbert, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 5-6 RELATING TO THE RESTRICTION OF DOGS IN CERTAIN PORTIONS OF THE COUNTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 5-6 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 5-6. Running at larqe - Prohibited. (a) It shall be unlawful to permit any dog to run at large within the county at any time during the year. Any person who permits his dog to run at large shall be deemed to have violated the provisions of this section. The dog warden and deputy dog wardens are authorized to cause all dogs found running at large in violation of this section to be caught and penned up in the county dog pound. (b) Except as provided in subsection (c), a dog shall be deemed to be running at large under subsection (a) if the dog is off the property of its owner or custodian and is not directly connected to its owner or custodian by means of a physical restraint. (c) A dog which is engaged, with its owner or custodian, in lawful hunting, training for hunting, or field trials in conjunction with a hunting, training or field trial season authorized by the Virginia Department of Game and Inland Fisheries and which is wearing a collar with a tag showing the name, address and telephone number of the owner of the dog, shall not be deemed to be running at large under subsection (a). (2) That this ordinance immediately upon adoption. shall become effective Vote: Unanimous" TO.' "On motion of Mr. Barber, seconded by Mr. Colbert, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 5-6 RELATING TO THE RESTRICTION OF DOGS IN THE COUNTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 93-347 5/26/93 (1} That $ootion 2-6 cf the Code of the County of Chesterfield, 197S, as amended, i~ amended and reenacted to read as followm: Sec. 5-6. ~u.nnin~ at larae - Prohibited. (a) It shall be ~lawful to permit any dog to run at large within the county at any time during the year. Any person who pe~mits his dog to run at large shall be deemed to have violated the provisions of this section. The dog w~rden and deputy dog wardens are authorized to ca,se all dog~ found running at large in violation of ~hls section to be Caught and penned up in the county dog pound. (b) Except as p~ovid~d in subsection (c), a dog 5hall be ~eemed ~c be running at large under ~ubsection (a) if t~e dog ~ off the property of its owner or oustodian and is not directly Gsnneote~ to its owner cr custodian by means cf a physical restraint. (c) A dog which is engaged, with its owner or custodian, in lawful h%mting, tralning for hunting, or field trial~ in conjunction with a h~nting, training or field trial season authorized by ~_h~ Virqinia Department Of Gam= und Inland Fisher~es and which is wearing a collar wi:h a tag s~owing the name, addres~ and tolephone numbe~ of the owner of the dog, shall not be deemed to be running at largs under subsection (a). (~) T~at this ordinance shall become effectiv~ immediately upon adoption. Vote: Unanimous" 7.D.3. APPROPRIATION OF $~.000 I~qTEREST ON BO~D PR0~n~ FO~ P~YM~NT OF RENT FOR TH~ COALFIELD ~OC~ COMPLEX FOR FY94 On motion of Mr. MoHalk, ~econdmd by Mr. Colbert, the Board appropriated $26,000 f~o~ i~t~rest on Bond proceed~ for p~nt of r~nt for %h~ Coalfi~l~ soccer complex for FY94. (It i~ no=~ in~ere~t on Bond proceed~ will b= uppropriated within County Capital Projects aud transferre~ =o~e General Fund for debt se~=~, which will allow General Fund money ~at was budgeted for debt to b~ transferred to the ~ar~s and Recreation budgmt to pay rent on the facility.) vote: Unanimous 7.D.4, ~PPROP~IATIOm OF A~TICIPAT~D ~TATE REI~B~R~MR. NT CONSTRUCTION O~ ~ On motiom of Mr. MOHalk, seconded by Mr. Colbert, the Board appropriated $780,000 of anticipated State reimbursement and approved a reduction of $3~§,40~ in th~ transfer from the Re~erve for Future capital Projects for construction of the Jail Annex Project. (It is not.d the fun~ will be held ia the Reserve until much ti~e as reimbursement is actually received from the State.} Vote: Unanimou~ 7.D.5. ~OPTION ,OP RESOLUTION RE~B~!N~ T~E VI~GINT~ DEP~/%TM~NT O~ T.R~N~PORTATION TO iNSTALL A T~AFFIO ~IGN~L··AT T~ C~Kb~O~RO~TE 1G ~SE~ION O~ ~OtiOn of ~. McHule, seconded by ~. Colbert, the Board adoDted ~ following remoluti0n: ~ER~S, ci=izen~ have re~emted a traffic signal at ~e Ckalkley Road/Route 10 intersection; an~ ~ER~S, traffic volumes and pa=terns have changed miqnificantly due to the recent Oommurciul development at ~e intersection. WOW, THEREFORE BE IT RE~0L~D, that the Chesterfield County Board of supervisors reque~t~ the Virginia Department of Transportation to install a signal at the Chalkley Road/Ro~te 10 intersection. ~ENCE" OPER~TIONg ~N PROPERTY ~D~ACENT TO TH~ COUNTY adopted the following re~oI~tion: Chesterfield County, Virginia, that t~ough ~e fe~G~ operation$, a~ ref~enced in ~ order ~lOG.~A - Airport Compl{anc~ Requirements~ shall not be pe~itted t~ ~rovide Airport proper~y. U~ of the airport ~orporate taxiway adjacent to ~e Airport Industrial Park to gain access to the restricts4 to aircraft use incidental to a residence o~ tO ~e public on Airpo~ property. authorized the County Administrator to execute a Change order to Design Collaborative, in the amount of $12,000, ~or tho design of coalfiel~ Road improvements as part of the Midlothian Library Expansion Project. (It is noted ~ai~ funds are available in the Midlothlan L~brary Project budget.) Vote: Unanimous ?.D.8. 8TRH~14~ME On motion of Mr. N~ale, ~oconded by Mr. Colbert, the Board approv6d a request to shange the name of ~rstty Lady Lane in the Exbury Subdivision to Walden Springs Drive, effective June 1, 199~. (It i~ noted a copy of the vicinity m~p i~ filed with the papers of this Board.) 93-349 ~/~6/93 P.D.9. ~ORB~MENT POR~AINTE~rANCE OF BTORMWAT~R DRAIITAGE SYSTEM A~D BEST ~AGEHZ~ TIMB~ILL ~O~TH O~ motion of ~. M~al~, ~con~ed by ~r. Colbert, ~e Boar~ authorized the County A~ministra~or to ~x~c~te an A~re~m~ fur Practice Facility wi~ T~tl Nor~ Inc., the owner/developer of Ti~e~ill North, with the County's only involvement bein~ to nss~re the Maintenance A~ra~an% is ~ulluw~d by the o~er as approved by the C~ty Attorney. (It i~ noted a copy of the vicinity sketch ~s f~led w~th ~ 9apers of ~is approved a re~es~ from Gary H, a~ Norik0 Loving ~o construct an all-weather driveway within two existing fifty foot rights existing ea~emen=~ Qn LO~ 6, with said driveway, subject to the exa~tion of a license agreement. (It is noted a oo9y of ~8 Dlat i~ file4 with the papers of thi~ Board.} Vote: Unanimous ~.,.D.._lp~_D~__F_RQH_J~HN ~. PETREE. JR. TO INSTALL A WATEB WAY KNOWI~ kS REV~RVIEW ~OURT ~ND RIVERVIEN. DRIV~ On motion of ~[v. ~cHale, ~econded by ~r. Colbert, the Board approved a request from John C. Petree, Jr. to ins=ell a wate~ service within two unimproved dedicated rights of way known as on Lot 59 in Cameron ~arms, subject to the applicant adhering vicinity sketch is filed with the papers of this Board.) Vote: Unanimous GONVEEA~GE OF AN Fu~SE~ENT TO VIRGINIA ELE~TRIG AND POWER ~0MP~NY On motion of Mr. MoHale, seconded by ~r. Colbert, the Board authorized the Chairman of the Board end the Co~ty Administrator to e~ecute an easement with Virginia ~lectri¢ and Power company for underground and overhead s~rvio~ in conjunction with the widening of Robious Road. (It is noted a oopy of =he plat ie filed with the papere of thi~ Board.) vet6: Unanimous TIM~RMTLL NORTR On motion of Mr. Mc~ale~ seconded by Mr. Colbert, the Board approved a water and sawer utilities ssntra~t fur Timbermill Northr Pro~ect Namer 92-0077, a~ follow~! and authorized the 93-350 5/26/93 County Administrator to execute the necessary documents: DeVeloper: Eagle Construction of Virginia, Inc. Contractor: Ward and Stencil, Inc. Contract Amount: Estimated Total Total Estimated county cost: R~wer (Additional) cash Refund Estimated Developer Cost: (Offsite) Veto: Unanimous - $51,5~2.00 - $ 3,376.47 - $48,165.§3 - SN-~72WO-~4C ?.D.13. ~CDE~T/~N_~.OF A P~RCEL OF LAND CONT~ININ~ 0.~4 ~¢RES On mo~ion of Mr. NcHale, seconded by Mr. CelbeTt, the Board accepted, on b~half o£ the County, the =onveyance cf a parcel Atlantic, Inc. for the Butch Gap boat ramp and authorized the County Administrator to e~ecute =h~ nsce~y deed. (It is noted a copy of the vicinity sketch i~ filed with the papers of ~his Board.) LIBI~ARY On ~o~ion of ~. ~oHale, ~econde~ by Mr. Colbert, the Board Company, the low bi,der, in the ~ount of $598,400, for renovation ef the Meadowdale Library. (It is noted ~aid funds are available in the Meadowdale Library Project Budget.) ?.D.IS. 6ET D~TE FOR A PU~LI.C. HEARING TO CONSiD~R TH~ JEFFERSON DAVIS-CORRIDOR PLaiN AND RELATED ORDINANDE On motion of~. Morale, ~cond~d by Mr. Colbert, the Board se~ t~e date of J~e 23, 1993 at 7:00 p.m. for a public hearing to con~ider the ~effer~on bavi~-corrldo~ Plan and r~lated 7.D.16. RESCHEDULE PUELIC HE,RING DATE TO ~ONBIDER THE SOUTHERN ~=ND WE~T~P/~ ARE~ ~L~N ;%ND R~ATED On mellon of Mr. McHale, ~econded by Mr. Colbert, ~% Beard r~ch~duled tbs p~li¢ h~arlng ~ate to consider ~he Southern and Western ~ea Plan and related ordinance am%n~entz August 25, 1993 =o June ~3, 19~3 at 7:00 Vote: Unanimous There were no Hearings of clti~ens on Unscheduled Ha~ters or Claims scheduled at this ti~e. 93-351 ~/26/93 On motion of Mr. M~eale, seconded by ~r. ~arber, the Board accepted the following report~: F~r. Ramsay presented the Board with a report on the developer water and sewer oontraet~ exec~te~ by the Ceun:yA~lministratcr. ~r. Ramsey presented the Board with a status report on the General Fun~ ~alanoo; Kesorve for ~ut~re Capital Projects7 School Board Ag~da. Vo~e: Unanimous After brief discussion, on motion of Mr. Warren, seconded by Mr. McHale, the Board suspsnded its rules and moved Item an ~xecutive Se~ion Imursuant to S~ctio~ ~.1-344(a) [7), Coda of Virginia, 1950, as amended, for Consultation with Legal counsel Regarding County v. Woodlak~, ~t. al. to follow Item 16., Requests for Mobile ~oms Per, its and Rszonlng. Vote: unanimous on motion of M~. Colbert, ~econded by ~nr. NcHaIe, the Board recessed tot he Administration Building, Room 502, for dinner. Vote~ Unanimous Reconvening: Mr. Warren introducsd Reverend Friend WelI~, PastO~ Of Cornerstone Evangelical Free church~ who gave the invocation. AMERICA Micas led tho Pledge cf Allegiance to the Flag of the Unitsd ~tates of ~nnurica. 14. RESOLUTION8 AND SPECIAL RECOGNITION8 o INTRODB~TION OF THE WINNER8 OF THE DEP~RTMENT OF DTILITIB8 contest each year to bring recognition to their Department and to help students and parents realize what is involved in producing clean water. He further stated the contest was open to all middle schools with a total of 822 posters submitted. He introduced the students who were present and recognized the following winn=r~ and honorable mention~ with~heir ~o~ters; l~t Place: Zrin Hitehell, 7th Grade - widlethian Hiddle ($150 Savings School ~on~) Teacher: Henrietta Either Supervisor: Edward B. Barber ($100 saving~ Bond) 3rd Place: ($95 Savings Bond) Grace Ferguson, 7th Grade - Rebious Middle School Teacher: Dottle Moore Supervisor: Edward B. Barber Ms. Sara Elizabeth Cresby, Sth Grade - Chester Teacher: A1 Stafford Sugervisor: J. L. M~Hale, III ~onorable Mention: ($50 Savings Bond) Cynthia Pettitt, Sth grade - Midlothian ~iddl~ school Supervisor: Edward B. Barber Bryan Goodman, sth grade - Midlothian Middle School Teacher: Katherine Robertson Supervisor: Bdward B. Barber Justin Gerard, ?th grade - C~estor Middle Teacher: Peggy Conway Jennifer Reynolds, 7th grade - Chester Middle School Teacher: Linde MilIer supervisor: J. L. M~Hate, III Gelnar vaziri~ 8th grade - Providence Middle School Supervisor: ~arry G. Daniel Best in Schosl: Jenny Jacobs, ?th grade - Carver ~iddle School Teacher: Deanna Erqenbright supervisor: J. L. McHale, III Nick Berber, 7th grade - ~atoaoa Middle School T~acher: Sandra Neace Su~erviser: J. L. MeHals, III Sarah Barden, 7th grade - Manchem~er Middle School Teacher: Joyoe Moldovan Supervisor: Arthur $. Lauren ~u~s~an, 6th grade - ~wift Creek Middle School Teacher: Bru~e ~orriscn supervisor: Amt~ur S. Warren Kyle Maclauchl~n, sth grade - Bailey Bridge ~iddle School Cheryl Nelson, 7th grade - Salem Church Middle Teacher: Mike Schwab Supervisor: Whaley M. Colbert 93-553 5/26/93 Heathen introduced Mr. Brnoe Morrison, a teacher at swift Creek Middle School, whose students ~ubmitted 437 po~ter~ -- the most posters for preliminary judging. Mr. Warren expressed appr~ciatlon to the students and teachers for participating in ~he poster contest. 2......_~__.~_~__../~_~S~i~OR'B DC~I~EI~TS Mr. Ramsay stated last year the General Aasa~tbly directed looalltius to oruat~ a Disabilities Services Board an~ an initial report to the ~tate ~y June, 1993 regarding need~ of ind~v~dual~ with physical an~ sensory dlsa~ili~ies. He f~rth=r ~tat~d the County will ~e the first Disabilities S~rvi~ Boar~ ~o ~u~mi~ ~helr raper= to thm Sta~e within the tlmefr~e mandated. ~. Mm~den ~tatsd the task of the Disabilities Services Board is to assess the needs Of people with sensory an~ physical 4isabiliti~. ~ r~oognize~ ~- Doug Cochran, Senior Writer with Virginia Power; M~. Margaret Dexter frames Department of Rehabilitative services; an~ Dr. Jim NcKinn~ll, Interagency Services Administrator for Comp~h~n~iv~ ~e~vlcem, for their e~urts in prmparing t~e report. Hm then introduced ~r, Dsal~ Chai~an of ~e Disabilities Ser~iaes ~enso~y di~abilitie~ wi~ %he goal being inclusion~ that than 2~,000 Co~ty residents have physical or sensory disabilities; that t~a~p~tation i~ a ~ajor nasd and ~e key to jobs and self-sufficlency; that te~nolo~ ~ffer~ promlse~ but is expensive for individuals; a~d that coordination must be increased if services ar~ to be e~ande~. He fu~her stated greater efforts needed to be e~ended in training; and transportation and development of ~%rategies h~ighten ~e awarenes~ and availability of ~mrvlce~. f~t~er stated the Co~ty hms s~gnlficant reso~ces and can be made more effective; therefore~ the Disabilities S~rvio~m Board race.ends f~nding a full-tim~ position whom~ r~mpon~billtlem would include ~athering researching/info~ation~ implementing Board reco~enda=ions; coordinating services; creating a County ~=~ice di~ecto~; me~vi~g am an o~b~dm~an; and d~on~atin~ County co~itment. l~. PUBLID UE~RING~ 15.A. TO CONSIDER AN AMBNDMEI~T TO THE FY92-93 BUDGET TO ~RO~AT~ ~$2.399.~44 IN BO1~DS ~0~ THE REF~DI~G OF D~BT ~ RB~TED ISBU~CE ~XPENSBS FOR THE ~O~TY Mr. Hammer $~ated ~his da~e and time ha~ Deem advertised ~ar a public hearing to consider an a~endment to the FY92-93 budget to ap~ropriaae $52,399,~44 in Bonds for the re£un~iag of debt and related issuance expenses for the County and Schools. Mr. George Beadles stated he did mot feel thc ~vin~ allow projects to he completed any £aste~ and although the County saved money, he did not feel it would compensut= for projeot~ which are incomplete in general. There being no one else to address this issue, the public hearing was cloged. On ~otlon of Mr. Dani~l~ ~econded by Mr. Barber~ th~ Board a~ended the FY92-93 budget to appropriate $52,399,§44 in Sand 93-354 5/26/93 proceeds end interest earnings, Series 1993, for the refunding of debt and related issuance expenses for the County and ~chool~ and directed ~taff to a~lOCate the appropriation to the proper accounts. _iP~.~RR~A~E_~l.270.000 IN ~NTICIPATED REVEN~E TO BE RECEI~r~U IN RELATION TO T~ DESIGN OF GENITO ROAD AND COURTHOUSE ROAD consider an ~n~ent to the FY9~-9~ budgut to appropriate ~. George Beadlem ~tated ha felt thi~ p~oject is an example of an issue which would ~e considered Dy the citizens Transportation Adviso~ Co~ittee of thc Ric~ond aetropolitan Planning organization of which he is a me, er and the expansion will cause an increase in growth in ~n area already experiencing gro~-relate~ ant~clpated revenue from th~ Virginia ~eDartment of Transportation (VDOT) and au~orized ~taff to enter into agreement with VD~ for the ~esign of G~nito Read and Co~thou~e Road w~den~ng. [It i~ noted a copy cf the 9r~llmlnary engln~rlng contract for ~e road improvements are filed with the papers of this Board.) 16. REQ~$T~ FOR MOHILE HOME PEI~4ITS A~D REZONING In Dale F~agieterial District, DONNA W. LEWIS requested ronewal of Mobile Ho~e Pel~it 8SSR049 to park a mobile home in a Residential {R-7) District. The density Qf the pro, oriel ie approximately 0.13 units/acre. The Comprehensive Plan desk,nates the property for r6~id~tial ~ of 1.51 to 4.00 unit,/acre. Thi~ property is loG~te~ approximately 1~0 feet off ~he nor~ line of cogbill Road from a point, approximately N90 feet w~t of old zion Hill Eoad, and is better ~own as 6120 cogbill Road. Tax MaD 65-4 (1} Parcel 2 (Sheet 1~). ~r. Jacobson presented a s~ary of Case 9~R0~09 and stated staff re~o~ends approval ~bj~c5 tu skandar~ conditions. Ks. Donna ~wis stated the reco~endat~on wa~ acceptable and app~oval of the ~e~t WO~ld allow her to re~ide in the vicinity of her parents and car~ for them. ~r. George B~adl~ stated he felt the standard conditions for mobile hom$ r$~sDs should be changed to include re~iring the mobile home to display a street addres~ ~gn to a~i~t emergency services when responding to calls. ~mrm was brief discussion relatlve to the County's current house n~ering ~y~te~ a~ it ~lates to ~obile home~. 0~ motion 0£ }tr. Daniel, seconded by Mr. McHale, the Board approved Caee 93SR0209 subject to the following standard conditions: 1. The applicant shall be the owner and ooeupan~ of ~he mobile hume. No lot or parcel may be rented or leased for use as a nobile home site~ nor shall any ~ohile home ha ueed for rental property. 0nly one (1) mobile home ~hall be pelT~itted to be par~ed on an individual 1st or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable ~oning district shall be complied with, except that no nobile home shall be located closer than 20 feet ts any existing residence. 4. NO additional pe~anent-type living ~pace may he added onto a mobile hone. All nobile homes shall bo ~kirted but ~halI not be placed on a permanent f0~ndatio~. $. Whore p~bli¢ (County) water and/or gewer are available, they ahall be used. Upon being granted a Mobile Home Permit, ~he applicant shall then obtain the necessary permits from the Offlcs of the Building official. Thio shall b~ done prior to tbs installation or relegation of tho mobile home. Any vlolat~on of the above conditions shall be grounds for revocation sf th~ ~shits Ro~ Permit. Vote: 91~N0230 ~n Mi~loth~an Magle~er~al District, JAKES ~. ~ARD requested rezsning from AgriCUltUral (A), Residential (R-7) and convenisnoe Businss~ (B-i) =o Neighborhood Business (c-2) of 14.96 acres and to Community ~uei~eso (C-3) of 7.21 acres. The density of such ~mandmsn~ w~ll b~ controlled by zoning conditions or Ordinance standards. The Comp~ehe~eive Plan desipnates the property for gsneral commercial and light indu~trlal ume~. This request lies on a total of ~2.17 acres Tuxfor~ Road. Ta~ ~ap 17-1S (1) Parcels 1~ 2~ 4~ 5 an~ 24 and Tax Map 18-13 (!) Parcels 3, 14, 15, 16, 42 and 43 (Sheet 8)- ~. Jacobsen ~tat~d ~e applicant ~s re~e=t~ng a ~ixty-day deferral. ~. Michael Hall~ representin~e epplioant~ stated they wars 0n motion of ~. ~arb~r, ~conded by Mr, Daniel, the ~oard Vote: Unan~mou~ In Eidlo=hian Magisterial District, ¢~%DDY ~H~¢K, ~C. requested rezoning frsm Community Business (B-2) to Cs~nity Bueinees IC-~]- A Diqhtolub is planned. ~oweYer, the 9ro~erty oould be used sr developed for eth~ cor~HAnity business usaa. The density of such amendment will be controlled by zoning conditions or Ordinance standards. Tbs Comprehensive Plan designates the property for proposed historic 4istrict and village shopping district. This request lies on a 1.0 ac~e parcel fronting approximately $0 feet on the north line of ~idlot~ia~ T~n~ike, approximately 140 feet wemt of Mt. Pisgah Drive. Tax Map 16-9 (1) Parcels 25, 47 and 60 (Sheet 7). Fn2. ~acobson presented a aumu~ary of CaSe ~35NS161 and stated the Planning Commission and ~taff r~comm~nds approval and conforms with the ~idlethian ~ea Co~%~lunitv Plan. this request is related to the recent policy remanded to the Pla~ing Co~ission reqarding alcohol sales in close proximity to ~chools. wa~ ~ppo~ition to the request, it wo~ld he placed in its re~lmr sequence on ~e mg~ndm. 93B~0171 ~n Cl~ver Hill ~agist~rial District, DR~.NC~ ~?~?E~, ~N~. re~ues~ed rezsning from Agricultural (A) to Residential A single family residential subdivision with a ~inlmum lot size of 9,000 square feet is planned. Residential use of up to units per acre is permitte~ in a R~$id~ntia~ (R-9) District. The Comprehensive Plan des~qnates the property for residential a~ of 1.51 to 4.0 uni%~ ~er acre. Thi~ request lies on a 37.0 acre parcel fronting approximately 438 feet on the nora_beast line of ~enito Road, approximately 50~ feat southeast Of ~arkey Road. Tax Map 49-5 (1) Parcels 3 and 6 (Sheets 13 and 14). Mr. Jacobsen presented a summary of Case 93SN0171 and stated the Planning Commission an~ staff recommends approval and acceptance of the proffered conditions. He noted the request T~an~po~tatJon Plan. Mr. Rellim Bramchr representing the applicant, stated race, asiatics was acceptable. There was opposition present. Mr. Warren stated since there was opposition %o the request~ it would b~ plac~d in its 93SN0172 In Bermuda Magisterial District, ~HE ~HEg~RX~X~L~ PL~NNIN~ ~oMMIsSIONrequested amendment to a previously rezoning (Case S~Sll9) relative ~u architec~al treatment of exposed ch~mnsyE. D~l~t~on of a Dr0ffered condition requiring amendment will be controlled by zoning conditions or standards. The Comprehensive Plan de~ignate~ the property for residential use of 1.01 to 2.50 units per acre. This request known as 11109 Kentshlr~ Lame. Tax Map 97-1~ (1~] Ascot ~. Jacobsen pre,anted a s~a~ of Case g3SNO172 and the Plannlng Collation and staff reco~nd~ approval. 93-357 5/26/93 There was brief discussion clarifying that this request only changed ¢o~itienm of zoning for this particular lot and not for all lotm in A~cot Points Subdivision. on motion of Mr. MeHale, eeoo~dsd by Mr. Colhertf the Board In Bermuda Magisterial District, THE CHESTERFIELD COUNTX PLANNING CO~IBBION reguested amendment to a previcusly gra~ted rezoning (Case 86Sl19) relative to architectural treatment of eXpoeed c/ulmney~ to be brick is forested. The density of am~n~ent will be controlled Dy zoning conditions or lie~ in a Residential (R-9) District on a 0.22 ac~e parcel known a~ 11104 Ch~chill Court. Tax Map 97-15 (15) Points, Lot 24 (Sheet 32). ~r. Jacobsen presented a su~a~ of Case 9~0175 and ~tated t~e Planninq Co~ission and staff reoo~end~ approval. ~=re was b~iaf discussion relative to ~he diffioul:y enlo~oin~ certain types of conditions and th~ ~t~p~ th~ County i~ taking to minimiua the ~anee of e~o~s in ~is matter, On motion of ~. MoHalk, seconded by Hr. Colbert, the Board approved Case 93S~0173. Vote: Unanimous In ~atoaca Magisterial District, C~ROLYR R. ERY~ET ~equested rezoning from Aqrlcultural (A) and Residential (R-15] to Residential (R-9). A single family residential ~ubdivi~ion, h~ving a minimum lot size of 9,000 ~gua~e feet~ i~ planned. Residential use of up to 4.84 units per acre is permitted i~ a Residential (R-9) District. The comprehensive Plan designates the property for residential use of 1.§1 to 4.0 u~its per acre. This request lies on a 3.5 acre parcel fronting approximately 330 feet on the east linc of Bridgewood Road, approximately 160 feet south of Brookview Drive. Tax ~ap 6~-4 (1) Part of Parcel E (~huet ~0). Mr- ~acob~on pressured a n~ary of Ca~e 9~SH0178 and stated the Planning Commission and staff recommends approval and acceptance of a proffered condition. He noted the request Transmortatlon Plan. Mr. Jim Hayes, representing the applicant, stated the On motion of F~. Colb%rt, z%conded by Mr. McHale, the Board condition: For each residential lot developed in excess of the four (4) e~rre~tly permitted under the existing R-15 zoning, the applicant, subdivider, or assiqnee(s) shall pay the following to the County of C~estorfield prior to the time 0£ building service district Eot the property: $4~000 per lotr if paid on or prfor to ~e 30, 1993~ or The amoun~ approved hy the BoaEd of Supervisors not to exceed $4,000 per lot adjusted upward by any increase in the Marshall and Swift ~uildinq Cost Ind~xbstween July 1, 1992, and July 1 Of the fiscal year in which the payment is m~de if paid after Jtu~e 30, 1993. In Hidlothian Magisterial Dis~riot, C~DD¥ SHACK~ INC. requested rezoning from Community Business (B-2) to Co~uni~y Business (C-3). A nightclub is planned. However, the property could be used or developed for other cooL. unity business uses. The density of such amendment will be controlled by zoning conditions or 0rdinancs ~tandards. The Comprehensive Plan de~fgnate~ the p~operty for proposed historic district and vtllag~ shopping district. ThUs request lies on s 1.0 acre parcel fronting approximately 80 feet on the north line of Midlothian Turnpike, approximately 140 fee= we== of Mt. Pimgah Drive. Tax Map 16-9 (1) ~arcels 2~, 47 and 60 (Sheet 7). Mr. Jucobson presented a mu~ary of Case 93S~016~ am~ ~tated ~ Planning Co~i~ion and staff reco~end~ approval and con~o~s %o the M~dlothimn Area Co~uni=v Plan. oomm~rolal ~oning. Kr. Tom Owens, one of the applicants, s=at~ the ability se~a alcoholic beverages has already be~n g~anted and i~sue ~er consideration at thiu time wam whether beverages could be ~erved in con~unction with dancing to live entertainment. ~r, Mather stated h~ fel~ the word "nightcl~" m~mmage to citi~en~ a~d i~ not defined appropriately. ~e further stated he did not Seel thi~ request is relate~ to sale of alcohol in general and ~ere h~s not been any u~usition from the =o~uni~ rmgarding the ~. Barber ~en Rads a ~otion, SeCOnded by ~. McHale, for the Board ~o approve Ca~ 9~$~0%61 an~ accept ~e following proffered conditions: 1. Prior to site plan approval, fogy-five (45) f=~t of right cente~lin~ of that part of Ro~te 50 i~ediutely adjacent to the property mhall b~ dedioated, free an~ unrestricted, to and for ~e ben%fit of Ch~mterfield County. Th~ following Celerity B~si~ess (C-~) uses shall not permitted: a. Automobile service ~tatlon; Liquor stores; c. Motor v~cle ~awn ~ho~ and ~e~on~-han~ ~tores; e. R~pa~r ~ervice~ eEoluding, body~ major engine and ~ran~mi~ion r~pair of ~otor v~icles; f. Taxidermist; 93-359 5/26/93 Mr. ~o~ale stated he supports the request and did not feel the ia~ue of the sale of alcohol in sloes proximity to schools related to the request. Mr. Warren stated the issue of alcohol ~ales in alsae Dreximity to Schools was di~e~ad at th~ Board of ~upervisors/$chool Board L~on meeting and it w~ his understanding, land use declslcne in general impact the School ~ystem and should be considered during t~e decision-making process. Mr. McHale stated it was ~is understanding, the School Board has n~ position on this particular issue an~ he fel~ ~cning request~ should be considered individually rather thaB ~asls o~ establishing a pcti~y. a conditional u~a with the condition only bein~ with the current owner and~ therefore, he would a~tain from the vote. Mr. Warren stated at the Hay 1=, 199~ meeting, the Board of Supervi=or~ directed the Planning Commission to address the ~tated he felt it would not be appropriate to delay an establishment which is already providing a service to the cordiality a~ the pr~nt policy i~ not in conflict with the ~oal~ of the Plannln~ Cor~mlss±on or the Board. F~ Warren then called for the vote on the motion made by Mr. Bar,er, seconded by Mr. MoHale, for the Board to approve Ca~e 9~$N0161 and to accept the following proffered · . Prior to ~ite plan approval, forty-five (45) feet of ~ight o~ way on the north ~ide of Route ~0, measured fro~ the oenterline of that part of Rout~ 60 immediately adjacent to the pro~ertyshall be dedicated, free and u~estricted, to and for ~he benefit of Chesterfield County. The following Community Business (C-3) uses shall ~et be ps:mitred: a. Automobile service station; b. Liquor stores; a. Motor v~bicte washe~; f. Taxidermiee; g. Vet~rlnary ho~pital~ and/or co~ercial kennels. Ayes; ~r, Warren, ~r, Barber, ~r. Colbert, and W r, Abstention: ~. Daniel. %n Clover Hill ~agisterial District, ~NCH ~, requested rezoning from Agricultural (A} to Residential (R-9). A single family re~identlal ~abdi¥i~icn with a minimum lot si~e of 9,000 square feet is Dlanned. Residential use of up to 4.84 unite per ~cre is permitted in a Residential (R-9) District. The Comprehensive Plan d~ignates the propert~ for residential use cf 1.51 to 4.0 units per acre. This request lies on a 37.0 acre parcel fronting approximately 438 feet on the northeast line eS Genito Road, approximately 500 feet ssutheast of ~arkey Road. Tax Map 49-5 (1) ~srcels 3 and 6 (Sheets 13 and 14). Mr. ~acobson presented a summary of Case 93SN0171 and stated the ~lanning commission an~ staff recommends aDDroval and acceptance of the proffered conditions. He noted the request oonformG to the Powhite]Route 288 Development A~ea Land Use and TEa~Do~r_t~tion Plan. Mr. Rollin BranCh, r~presenting the applicant, stated the recommendation was acceptable. Be furths~ stated an agreement has been worked out with th~ Church 'members and clvi~ association in ~ho ares. Mr. Geerge Beadles e~%oressed ceneerns relative to residential zoning in general and stated he felt the ability for citizens to have undergroundstorage tanks in new ~ubd~vf~ions should be eliminated and the issue addressed by the Watershed Committee. On motion of Mr. Warron, seconded by ~r. ~cHale, the Board approved Case 93SN0171 and accepted the following proffered i. The applicant, subdivider, or assignee(s) shall pay the following to the County of Che~terfleld prior to the time of building permit application for infrastructure improvements within the service district for the property: a. $4,~00 per lot, if paid on or prior t~ June 1993; or b. The amount approved by the Board Of Supervisors not to exceed $4,000 per lot adjuEted upward by any increase in the Marshall and swift Building Co~t Index between ~uly ~, ~99~, and J~/ly 1 of the fiscal year in which the payment ~s ~ada ~f paid after June 2. At time of recordation of a subdivision plat, ~orty-five (45) feet of right of way on the north side of Genito Road measured from the osnterline of that part of Genito Road i~t~ediately adjacent to the property shall be dedlcat~d, free and unrestricted, to and for the benefit of Chesterfield County. 3. Access to Genito Road shall be limited to on~ (1) p~bliC read. The exact location of this access shall he approved by the Transportation Department. 4. To provide for an adequate roadway system at the time of complete develepment~ the developer ~hall be responsible for the following: A. Construction of additional paYemen~ along Genite Road at the approved aooes~ to provide left and right turn B. Relocation of ~h~ ditch ~e provide an a~eguate ~houlder along the ~0rth sid~ of Genito Road for the entire property frontage. C. DediGati0n to the County of chesterfield, free and unrestricted, any additional right of way (or easement) required for the improvements described above. ~ou~e~ shall hays a minimum dimension of 1700 ~q. ft. of finish heated floor area. 6. Lot density ~hall not exceed 2.75 per acre. 7. All adjacent property owners shall be notified by the developer prior to =ubmission of the tentative mubdivimien plan to the Chesterfield County Planning Department. Vote: Unanimous 93-361 5/26/93 GODR OF VIRGINIA. 19~0. ~ AMENDED, FOR CONS~LTA~ION W~T~ LEGAL COUNSEL R~G~RDIN~ COUETY ~. WOODLAKE, et On motion of Mr. HcHal=, ~ec0nded by Mr. Colbert, the Board went i~to a~ Exeoutive ~e~ion pursuant to Section 2.1-344(a] (7), Cu~e of Virginia, t95Q, ~ u~n~, ~or COnsultation with legal counsel re~arding County v. Woodlake~ et. al. Vote: Unanimous It was th~ general con~ensus of the Board to adopt the following ~ER~S, ~e Boar~ of Supervisors has ~is day adjourned ~nto Executive Session in accordance with a fo~al Board and in accordance wi~ the provisions o~ ~e Virginia Freedom of Information Act; and ~S, ~e Virginia Freedom of Info~a~ion Act effective ~ly 1, 1989 provides for certificatio~ trot ~u~h Executive ~ession wam con~uot~d in conformity wi~ law. ~OW, T~g~FO~ S= IT R~BOL~D, the Board of Supervi~or~ does hereby certify that to ~e best of each me~er'~ knowledge, i) only ~ublio buslng~m matters lawfully ~empted from open meetinq requirements~der the ~eedom of Info~atio~ certification applies, and ii) only such public business matt~r~ as were identified heard, 4i~¢u~e~ or considered by ~e Board. dis~ent~ from this certification. ~e Board beinq Dolled, the vote was as follow~: Mr. Daniel : Aye. ~. Col~rt: Aye. Mr. Barber : Aye. ~. Wa~ran : Aye. 1~. ~%D.TO~I~NN~NT On motion af Mr. Daniel, aeconded by ~Lr. MeKale, the Board a~jo~rned at ~:40 p.m. un~il ~une 9, 1993 at 3:o~ p.m. Vote: Unanimous Arthur $. chairman