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08-25-93 MinutesMr. Arthur $. Warren, Chairmen Mr. Edward B. Barber, Vic~ Chrm. Mr. whaley M. Colbert Mr. Marry G. Daniel Mr. J. L. MeHale, III Mr. Lane B, Ramsay County Administrator Btaff in Attendance: Office on Youth Mr. John Mragq, Asst. Dir., MS. Patsy Brown, Asst. Dir., Accounting Dir., ~ew~ & Public Information Services Ms. Marilyn E. Cole, A~st. to County Admln. ~ru. Doris R. DsBart, A~t. Co. Admin., F. W. Dolezal, Deputy Chief, Fire Depar=ment Building Official FLY. Michael S. ~otden, Dir., Deputy Co. Admin., Communications county ombudsman Mr. William H. Howell, Mr. Louis G. Lassitsr, Dir., Internal Audit ~r. Robert L. Masden, Deputy CO. Admin., Human Servic~ Nursing ~Lr. R. John MCCracken, Dir., Transportation Mr. Richard M. McElfimh, Dir., ~nv. Engineering County Attorney ~r. Richard Nunnally, Extension Agent Mr. F. O. Parks, Information Systems Teen. Police Department Ms. Theresa M. Pitts, Clerk to the Board Mr. M~lliam b. Chief, Dev. Planning Director, Budget and ~e. Karen F. Russell, Risk Manager Ynf. M. D. stith, Jr., Deputy Co. ~dmin., Community Development ~r. John ~.Tye, A~t. Dar., Assessment of Real Estate Dr. Robert Wagenkneeht, Dar., Libraries ghsriff Clarence williams, Sheriff'~ Department Warren called the regularly schedule~ meeting to e~de~ at On motion of Mr. Col~er~ seconded by Mr. ~Haie, the Board approved ~he minutes o£ July 28, 1993, as submitted. Vot~: Unanimous 2. COUNTY ADMINISTRATOR'S COMHENT8 Mr. Ra~eey introduoed Ms. Mary A~n .Harmon, President of the Friends of th~ Library, ~nd stated the ~riendn of the Library h~ve bee~ a tremendou~ asset to the County. Ms. Harmon r~view~d the growth of the Libraries; the Friends of the Library su~purt for library sarvicas~ and the automated public catalo~ sy~te~. She ~tated the Friend~ of the Library are promoting a fand-rai~ing proj~ot to provide necessary shelving and technical equipment for the libraries and are working towards advancing beyond their past support. ~he then presented a check, in the amount of $36,500, to the Board amd Dr. Wagenknecht, to purchase 14 additional units of th~ automated public catalog system. Nr. Warren expressed appreciation, on behalf of the Board, for their support and efforts to ~he Library System. Mr. P~msey stated the prementation regarding trash and leaf collection ~ervice~ would be moved to Follow Item ~.~ Report~. ~r. Daniel stated ha attended the Metropolitan Economic Development Council Board of Director~ meeting and noted a copy e~ t2ne report ~ filed in the Boa~d Reader File; thnt he attended the Virginia Association of Counties Board of Directors quarterly meeting; and that he attended a conference Airport Commission meeting on September 1, 1~93, the one- millionth passenger will go through the Richmond International demonstration of the level of economic development and usage of conference; that he attended the Virginia Association of comm~ttee~; that he addressed the Joint Senate and House sub- Mary Payne from the capital Area Agency on Aging regarding the need~ of the elderly in the County; that he met wi~h the Chester£ield ~uslness Council for ~ workshop; that ~e attended the Taxicab Advisory Board me~tlng; and that he and Mr. Colbert met with =he Health Benefits Committee for County cmploy=xs. Mr. Warren referenced letters of appreciation received from Mayor Rosalyn R. Dance Of Petersburg and ~aycr James D. Of Colonial Heights regarding the County's rempon~e efforts during the Augus~ 6, 199~ tornado and a letter of appreciation from Senator ~ohn Warner regardin~ the County's efforts in assisting Fort Lee from being removed ~rem the Base Closure List. He further ~tsted he, M~. Colbert, and ~. attended a celebration for Fort Lee on Augus= 19, 1993 in which h% accepted an award, On behalf of th~ County, for its efforts in assisting Fort Lee; that he attended the Regional Caucus of C~ief Elected officials from ~anover, Henrico, and Richmond in which a presentation was made by CAesterfiold's Fire Chief regarding th~ County's re~pcnse during the A~gu~t ~, 1993 toe,ado; that he and Mayor Ro~alyn Dance of Feter~n~ taped public servic~ announcement supporting Op~raticu Relief; that ~e was a guest speaker at Chesterfield Baseball Club'~ banquet; and that his next town ~eting will be held on ~e~ember 13, 1993 at 7:00 p.m. at ~enacan ~iqh $ch~oI and not~d Dr- Eugene T~anl, President o~ virginia Co~onwealth University, MS. Dianne Pettitt, Clove~ Hill District School Board representative, and ~s. Diane Semaoh, P~eeident of Gordon Elementary School PTA, will be th= guest speakers. 4, REOUB~TS TO ~OSTPONE ACTION. EMERgENCy ADDITIONS~ O~ CHAN~ES IN THE ORDER OF PReSeNTaTION On motion of Mr. McHele, seconded by Mr. ~arber, ~he Board moved Item 13.A., Eeeolu=icn Rscognlzin~ County E~ployees for · 91eir Efforts During the August 6, 1993 Tornado to i~amediately follow this item; added Item 7.G.19., A~option Of Resolution Approving Issu&noe Of Debt by the Cap~l Region Airport Commission to follow Item 7.~.1~.~ Acceptances of Parcels of Land; end ce~ected Item 7.G.16.b. t~ read Conveya~c~ of an ~asement to Commonwealth Gas Servioes~ Incorporated and, adopted the agenda, as amended. NL~. Ra~eey ~pra~sed appreciation to the Board for recognizing associated with the August 6, 1993 tornado. He stated the involved in the recovery efforts ao~ expressed appreciation to who met with the ~ayur of Petersburg to offer m~pport and present to address the Board concerning the effortg by personnel. Delegate W&t~ins expressed appreGiation to the Board for the employees of the County and surrounding jurisdictions and, specifically, the County's ~ire Qepar~ment which resulted ~n rmscus mc/~sde, in cooperation with ull like units in the area, performed to their highest ability and he felt without this type of oooperutive ~ffort, the devamtatio~ left by the tornado 8/25/93 wcutd have been much greater. He expressed appreciation tornado. Deputy Chief Dolezal expressed appreciation to the Board far the oppsrtunity to addresm the County's efforts in providing assistance to these affected Dy the August 6, 1993 tornado. stated the assistance provided was a joint Csunty effort which Fire Department a~i~ted the City of Colonial Heights, County, Old Towns Petersburg, and the City of Eopewell; that all efforts were bundled in a timely fashion; that a major factor in the success of this effort was the emergency training of personnel; that the assistance provided was ~ team effort for the common good of the community; and that early activation of the ~ergency Operations Plan resulted in the effective handling of the incident. Ha ~han playe~ a cassette tape demonstrating the professional m~nner in which ~mergency this was the single largest disaster the Chesterfield County Fire Department has ever handled. He introduced and expressed appreciation to individuals who provided support during the disaster in the areas of public safety; emergency servioes; logistical suppert; technical support; news and information services; t~e ~adio shop; damage assessment; extension service~; real estate assessment; health and h~man cervices; the Fire Department Debriefing Team; and ethane and noted approximately 200 County employees and volunteer fire and rescue personnel assisted in the operation and stated th~ success of the operation was contributed to this team effort. Mr. Warren stated the county received assistance from varlou~ localities in the area including Hanover County who assisted with the overturned trucks on the 1-29~ bridge an~ the Operatiob demonstrates ~eh ~egional cooperation. Chief Doluzal expre~s®d appreciation to the Board for their Each Boar~ member expressed appraciatlsn ts those involve~ in the emergency operation. Mr. Ramsay read into the record letter~ from ~ayor Ro~alyn Dance of P6tersburq and ~ayo~ James D. ~ONeer of Golonial ~ights expressing appreciation to the County for the assistance provided during the tornado. He then introduced all County employa~s who worked together ~uring the tornado and he and Mr. Warren presented the ~mployees with the following resolution: W~EREAS, on Friday, August 6, 1993~ at approximately 1:20 p.m.~ a killer tornado struck southern Chesterfield County and the tri-slties area without warning; and W~EREAS, emergency response wa~ i~ediately implemented by Emergency Preparednes~ Plan; a mob~le inc~dont co--and pont was e~tabl~h~d on the disaster so~n~; and the emergency operations center was op~ned and ~taffed by trained per~onn~l in the Co~ty'~ Administration Suilding; and ~EAS, needed ~er~ency equipment and personnel were an inteorated disaster re~ponse team; and activities with all a~encies wcrkln~ =oga=h~r a~ a t~am quickly and effectively care for the injumed whi~e transporting them to ~e~rby hospital emergency rooms; and WHER~S,~ safety being of utmost, concern following the tragedy, ~he damaged Wal-Nart bu~ld~ng was secured and a ~ystemati~ search of the damaged building was performed by ~mergency"~ereonnel tc ensure nc cltlzen~ remained trapped in the b~ildinq and emergency personnel were not caught in a~y building ~ol!apse; an~ W~E~EAS, necessary Shelters ware prcvided~ immediate h~alth and human ~orvic~ n~e~$ were met, ~nd counseling was initiated for those sufferio~ losses as well a~ these remponding to the emergency; and transportation, d~bris removal~ damage assessment, and inspection of damaged buildings to expedite recovery were quickly imp!omented~ and ~EREAS, the public Wam kept informed, through news could dm to ~xpedite recovery operations and provid~ assistance ~EREAM, the Cheaterflel~ County Bo~rd of Sup~rvi~or~ wimhe~ %o r,cognize all Chesterfield County employees and volunteers who mo 9rofemmionally and selflessly ~eSDond=d to t~m e~%~'~ncy in accordance with their preparation and t~ai~i~g t~agicai~y imps=ted by th~ killer tornado. NO~ THE~FOR~ BE IT RZSOLVED, that th~ ch~m%erfiel~ County hoard of Supervisorm publicly recognizes the outstanding during this une~ected di~ter and expresses th~ apD~eciation of all County citizen~ for their ra~id respons~ and opportumity to accept the resolution on ~ahalf of County employees and stated each department will receive a copy of th~ s. WORE SESSIONS There were no Work S%~sisns scheduled at thin ~.A. OONBID~R~TION OFA DO~TION~F, ORDINkNC~ TO ~ND THE COD~ ADDIN~ A NEW O~T~ ~.1 REL~TIN~ .~O ~ ~T~S ~ ~OVIDIN~ FOR A ~E~LTY Mr. Mi~a~ ~tated th~ Board held a 9ublic hearing on March 10, 1993 on ~he fal~ alarm ordinance and deferred considermtion of the ordinance to afford staff =he opportunity to ~aet with representatives of t~e Security ala~ industry a~d oth~r ordinance will require all residential~ co~m~rclal, and alarms and allow more efficient use of existing police Police Department from 19~8-92 which alarms have increased 50 percent. He then reviewed significant changes ~u the ordinance including eliminating the $25 permit fee; lowering the service those who believe they have been inappropriately fined for an ~xcaggivo alarm; clarifying the definition of "false alarm;" and excluding Fire Department false alarm r~ponses from the ordinance. ~e noted ~taff reoo~end~ approval ef the ordinance. ~Lr. Warren noted the effoc~ive dace of the ordinance will be January 1, 1994. ~Lr. Barber stated the proposed ordinance is a result of input received from representatives of the sesurity alarm industry and other interested members of the public. ~r. Barber then made a motion, seconded by Mr. ~¢Hale, for the Board to adopt an ordinance to a~end the Code of the County of Chesterfield, 1975, as amended, by adding a new Chapter 2.1 rolatin~ to alarm ~yete~ and providinq for a penalty. ~r. MoHate clarified more than 99 peroen~ of alarm calls received last year were false. Mr. Warren called for the vote on the motion made by Mr. Barber, seconded by Mr. McHale, for the Board to adopt the £ollewing ordinance: A2~ ORDI~J~CE TO ~ENO THE COD~ OF TH~ CatTY OF C~ESTERFIELD, 197S, AS ~ENDED, BY ADDING A NEW C~PTER 2.1 RE~TING TO ALA~ SYSTEMS AND PROVIDING FOR A P~ALTY BE IT O~AIN~D by the Board ~f Supervisors of Chesterfield County: (1) That the Code of the County of Chesterfield, 1978, as amended, is amended by adding a mew Chapter 2.1 as follows: operation of ala~ systems in order to reduce the n~ber of welfare, and to protect property in the county. Se=. ~.1-2. Definitions. Alarm system. Any asse~ly of equipment or a device designed to detect and signal the unauthorized in=fusion, designed to attrac~ th~ at%on, ion and response of county police, including alarm bells, hums, sirens and lights, which ar~ ~ither au4ibl~ or visible beyond the lot lines of the automatically Sends oue~ ~e~lar telephone lines, by direct 93-518 8/~5/93 Chief of Police. The Chief of the Chesterfield County Police Department or his designee. False alarm. Any ~ommunlcation generated Dy or as a result of an alarm eyste~ that results in a response by police personnel and which upon investigation reveals no evidence or indication of Original activity or other hazard. False alarms shall include negligently or acci~antslly activated mignsls; signals which are the remult of faulty, malfunctioning or im~rsperly installed cr maintained equipment; signals which are purposely activated to summons the police in nonemergency situations; and alarm~ for which the actual cause is net determined. False alarms shall not include ~ignals activated by Weather conditions or other causes which are identified and determined by the chief of police to be beyon~ the control of the owner. Hazard. An evmnt requiring urgent attention and to which police personnel are expected to respsnd. Permi~ hc!~er. The owner or tenant s~ ~esidsntiai, eo~ereial er industrial premises upon which an alarm system has been placed for the purpose of detecting a hazard. sec. 2,1-3, Intentional false alarms. Any person who without just cause knowingly and willfully activates an alarm system and thereby causes a £alse ~larm sh~ll be guilty of a class sma misdem~ansr which shall be punishable by fine and/or imprisonment as set forth by state Sec. 2.t-4. Permit resulted, (a) Every owner or tenant of residential, commercial or industrial premises protected by an Operative alarm system within the county shall obtain e permit for the continued operation of the system within 90 days from the effective date installed alarm systems after the effective date of this ordinance ~hali obtain a permit within 30 days of installation. Application for the permit shall be made on Ssrms available from the police d=partment and shall include the following information: (1) The applicant'~ name, address, and hsme and the s%rnere of any premises with an alarm system and the address and phon~ number of the premises themselves. telephone numbers of at least two 9er$0ns to be contacted in the er%mt of the activation of the alarm syatom and who are authorized to secure (4} A qen~ral description of the type of alarm system, including whetter the system is audible or silent and whether the system is monitored and by whom. (5) Any additional relevant information required by the chief of police. (b) The chief o~ police shall review the application for completeness and accuracy. If the application is satisfactory, the permit shall be issued. 93-519 8/25/93 (c) Should the information required on the permit application change, the person providing %he ori~inal information shall notify the chief of police of the chanqe within t~n days of the (d) A service charge of twenty-five dollars ($25.00) residential, commercial or industrial premises protected bM an operative alarm system who has failed to obtain a required permit within the time limits set forth in this section. If a service charge is assessed, it must bm paid be£or~ the rmquired permit will be issued, If the permit required by this section is not obtained within thirty (30) days a~%mr notification by the chief of police, continued operation of ~he alarm system by the owner or ~enant of any premises pro~motsd by an alarm system shall constitute a class four misdemeanor~ carrying a penalty of up ~0 $250, and each day of continued operation without a permit shall constitute a separate offense. (e) ~him permit requirement i~ intended to assist the police department in the administration of the provisions of this chapter and shall not be deemed to create any special d~ty with rempect to any premisem protected by an alarm system. Sec. ~.1-~. Failure to rempond; failure to silence. (a) Any owner or tenant of residential, commercial or industrial ~remlse~ protmstmd ~y an alum systmm shall bm as~esse~ one hundred dollars ($100,00) if he or him designee fails to arrive at the protected premises within one (i) hour of being notified by the po/ice in connection with an aotivation of the alarm system, lb) Any o~ner or tenant of residential, commercial ar industrial premises protected by an alarm system which ~its an audible signal loud enough to be heard by any other person outside the property shall be responsible for silencing such audible signal as soon au reasonably possible, but in all cases within thirty (30) minutes. Any person falling to co~ply with this section shall b~ assessed one hundred dollars amc. 2.1-6. Service cher~es. A service cherg~ of fifty dollar~ ($50-00) shall be asmsssed against the owner er tenant of any residential, commercial and i~d~st~ial ~re~iscD protected by an alarm syst=m ~or the third false alarm, seventy five dollars ($75.00] the fourth false alarm, cna hundred dollars ($100.00) for th~ fifth false ala~, a~d one ~nd~e~ twmnty ~ivm ~ollar$ ($125.00) for the sixth false alar~ and each fals~ alar~ %bereafuer in each calendar year uri~insting from the ~rotsctsd premises. The service charge shall be due upon receipt of Dill and shall b6 payablm to the mousey treasurmr. Sec. 2.1-7. Bailurm to nay service ch~sma mf~ivil Densities; revocation of permit. (a) All service charges or other charges assessed against the swnsr or tenant of residential, oomEeroial or in~emtrial premises p~otected by an alarm system shall b~ du~ and owinq to the county treasurer. In the event legal notion is accesserM to collect the service charge= and/or civil penalties, owner or ~enant shall be raquire~ tu pay a 10% collection fee ts the county and all court cost~ n~c~sary to collect funds. (b) The failure of e p~rmit holder ts pay ~ny service shall constitute grounds £or the revocation sf an alarm permit by the chief of police. Tho continued Operation of an alarm system by the owner or t~nant of premises protected by an alarm system after notification by first class mail that the permit has been revoksd shall constitute a class four misdemeanor, carrying a penalty of up to two hundred fifty dollars ($2~0), and each day of continued operation shall constitute a separate offense. (c) An alarm permit that has been revoked pursuant to subsection (a}, uf ~his section may be reinstated by the chief of police upon payment of all outstanding civil penaltiem, fifty dollars (a) Any person who believes that a service fee ha~ been ~rongfully assessed against him may appeal such ~ssessment by submitting a letter to the chief of police within ten (10) days of receiving the service f~o bill_ The letter shall contain reasons for disputing tho foe and any other written evidence which might justify a change in the assessment. agrued upon by both parties. The chief of police shall the authority to waive, or rescind in whole or in Dart, a service fee if he believes that there i~ innuffioient ~vidence tu fully suppsrt the ~mDosit~on of said service fee. (c) The chief of police may consider the following factors in reaching a determination oB %h~ appxopriateness cf evidence of attempts by the person against whom the service fee is assessed to eliminate (i) installation of nan equipment; (ii) replacement of defective equipment; (iii) inspection and repair cf the ~ystem by an alarm aye=em technician; (iv) specific formal training of alarms users. (2) evidence that the false alarm wee o~usad by an (3) o~idence that the false alarm was ea~s~d by the disruption c£ telephone and/or electrical circuit~ beyond the control of the alarm uzer or the u~mls monitoring company and the cause fre~ the protected Nothing in thi~ ~eetio~ shall be interpreted to require the waiver or rescission of ~he service fee in appeals which meat as guidelines only and shall not prevent the chief of police fro~ granting appeals for additional rea~on~_ 93-521 ~/25/93 See. 2.1-9. Automated Dialing Device. It shall be unlaw£ul £or any person to install, sell, lesse or use, or cause or allow to be installed, sold, leased on used an automated dialing device or system which is set or programmed to directly dlat, call or in any other manner make direct contact with the County's enhanced 911 emergency telephone system. All automated dialing devices shall be demlgnated by the county to the alarm user at the time of permit application. A violation of this section shall conmtitut~ a clams 1 misdemeanor which shall be punishable by fine or imprisonment a~ sst forth by state law. (2] This ordinance shall tacoma effective January 1, 1994. VoUe: Unanimous 6.B. ~OINTMRNTS BDi~D O~ ~RALS ~OR VIRGINIA UNIFORM STATBWTDE_B~I~DING ~ODR Mr. Dupler stated at the July ~8, 1992 meeting, the Board requested staff to submit recommendations for nemimation~ to the Board of Appealn for Virginia Unifer~ ~tatewid~ Building Code; that staff has contacted several professional orgaDisatio~$ an~ ar~ currently wai~ing for replies; that the term of Mr. Warren Vaughan expired in July; and noted the Architects Association has ~ubmitted a recommendation. Disoussion~ comments, and questions ensus~ relative to the number of vacancies to the Board; filling one vacancy at this time and deferring the other three vacancies u~til mush time as recommendations ars submitted bythe professional organisations r~commended to serve on the Board; and the geographical 01stributlon of members to serve on the Board. ~r. Barber made a motion, zeaonded by Mr. Daniel~ for the Board to nominate Mr. Robert Meyer to ~erve on the DQard o£ Appeal~ for ~he Virginia Uniform Statewide Building Code, representing the County at-large~ and to defer consideration of three ad~itlonal nominations until recommendations have been submitted from the professional organizations contacted. Er. Daniel stated he felt committees in which members are appuin~e~ ~y the Board of SuDsrvisors should have broad-bamed representation in general. Mr. Daniel then made a motion, seconded by ~r. ~c~al~ for the Baar~ to susDend its rulae at this time to allow simultaneous nomination/appointm~nt of a member to serve on the Board of Appeals for the virqinia Uniform Statewide Building Code. Uote: Unanimous On motion o~ ~r. mather, seconded by Mr. Daniel, tl%e Board simultaneously no~inated/appoxnted Mr, Robert ~ey~r to serve on Building Code, r~presenting the County at-large~ who~e te~ i~ effective immediately and will m~pire June 30, 1995. vut~: Unanimous deferred cenmideration of thr~a no~i~a%i~n~ for members to aerve on the Board of Appeals for the Virginia Uniform Statewide Building Co~e un%il September 8, 199~. Vote: Unanimous YOUTH SERVIOB~ CITIZEN BO~RD On notion of Mr. Barber, seconded by Mr. Mc~ale, the Board deferred son~ideration of nominations o~ a member to serve on the Youth Services Citizen Boa~d, ~eDr~Sentlng Midlothian District, until september 8, 199~. vote: Unanimous ~.c. STREETLIGHT INST~LL~TIO~ COST APPROVALS On ~otion of Mr_ Colbert, seconded by ~r. ~arr~n, the Board approved =he following streetlight installation co~t approvals in Matoaca District: COSt to install light: $1~393. ~ I~tersection of Foster A~enue and Gandy Avenue Cost to install light: $1,4~. And, further, the Board d~ferred consideration of fhs streetlight installation co~t approval for Paean Terrace~ in the end of th~ cul-de-sac, in Clover Hill District, until February 23, 1994. 7.A. CONSIDERATION OF CA~H PROFFER PAYMENT PER LOT FOR FY94 ~s. ~ecky Dicksun, Fiscal Impact Analyst for the Budget and facility calcutatlonm. She furthmr stated the Hoard needs to future zoning cases. from increasing previously approved zuning oases to the the County is constrained to using khe Marshall Swift Building Cost Index and that previoumly approved zoning cases can only be increased to $4,064 ~r kot. ~r. colber~ inquired as to w~ether th~ per let cash 9~offer at this tame. Kr. Denial ~tated the proffer amount for previously approved zoning cases could be incream~d at this tim~ or remain at the $4,000 per lot by $64 due tQ the amounts and ~xpediency of increases placed on sitizens in the past. Mr. Berber made a motion, seconded by Mr. McHale~ for the Board to set the FY94 per lot cash proffer amount at $4,064 per lot for previously approved zoning cases. Mr. barber stated he had requested staff to prepare an analysis of the impact of cash proffers on the building industry and that there is no data collected which would indicate cash proffers have hag an adverse effect on the buildimg industry. He further stated the 84,064 does net meat the capital improvement need~, however, he f=el~ the Marshall Swift Building Cost Index is the right approach at this tine in adjusting the per lot amount. Mr. Daniel stated cash proffers ware not established to control growth, but were established as a mechanism to contribute to funding capital facilities. He further stated the Marshall Bwift Building Cost Index is a way to kesD Dane with inflation and, therefore, he supports the recommended increase. Mr. XcHale stated ke feels the issue is addressing capital reqnfrsmants such as schools and other alternative cost index standards could be reviewed to address growth issues. Me further stated he supports the recommended 864 increase and for staff to study, during the next budget process, other cost indexes that may more closely identify inflationary measures. Mr. Warren stated he feels new development should pay for itself although he also understands the cone=rna expressed by Mr. Colbert. ~e further stated the ~arehall Swift Building cast Index increase i~ setting a procas~ in motion that, i~ not utilized, will cause the proffer a~ount per lot to fall furthe~ behind. There was brief discussion relative to increasing the per lot cash proffer amount to $4,064 at this time for previously approved zoning oases. ~r- Warren called for the vote on the motion made by Mr. Barber, e~conded by Mr. Mc~ale, for the Board to set the FY94 per lot cash proffer amount at $4,064 per lot for previously approved zoning cases. Vote: Unanimou~ Mr. McHale made a motion, seconded by ~r. Daniel, for the Board to set the F¥9~ per lot cash proffer amount et $5~s43 for future zoning cases. Mr. Daniel stated he feels approval cf this amount will not de=er growth in the County, but rather will establish ~echanisns ~or new ~evelopment tc contribute to the capital needs of the County. Hs further stated if the cost is added to the price of a nmw homer the amount weul~ be re!ativei~ ~mall and should not have an adverse impact on a house payment. He indicated he ~upport~ ~taff's r~oomm~ndation. Mr. Colbert expressed concerns relative to the impao~ of cash ~roffers on the building industry and the numbe~ of increases · n the cash proffer p~r lot amount. ~e indicated he is not in favor of the reco~tmended increase. Mr. McHale stated the major impact f~om residentiul development i~ on nchool~ and he f~els development should pay for itself. investment {as property is sold) and the cost ia net collected until the property ie developed. flexibility ia the percentages the County will allow for large- scale developments; the types of proffers developers are eligible for; the cash proffer system recently sstablished by Pewhatan Coanty~ and development paying for itself_ ~r. Warren called for ths vote, on the motion made by Mr. ~oHale, s~csn~ed by ~Ir. Daniel, fort the Board to set the FY94 p~r lot cash proffer amount at $5,043 for future zoning cases. Ayes: Mr. Warren, Mr. Barber, Nr. Daniel. and Mr. McHale. Ways: Mr. Colbert. ?,~, APPROVAL O~ INTERSUIIISBICTIONAL AG~EEMEI~T WiTH HEALTH Agreement. There was brief discussion ralativ$ %0 the County having the the County h~ made any commitment ~ege~dimg the finuncing cf n~gati~ely impact the County's financial standinq~ the t~an~fe~ o~ County funds taking place t~ioe a year -- hal~ at the beginning of the fiscal year and half in January of the fi~caI year -- so the County's cash flow po~i~ien i~ not advsrsety in%~rjurisdic~ional agreement bergson the County and the Vot~: Unanimous of thi~ Beard.) Mr. ~ammer stated ~taff recommends expansion of the current curbside recycling prcgra~ fro~ the e~i~ting 12,300 homes to 40,000 homes, effective April 15, 1994. He ~urthar stated the new contract with Central Virginia Waste Management Authority will differ from the existing contract and t~e cost will ba significantly reduced, Ffr. Warren clarified expansion of the curbside recycling ~regram Wuuld not occur until April, ~{r. Hammer stated staff will be preparing for the program over the next six month~ and pr~n~nted a brief overview of proposed enrbside expansion area. Discussion, osrLmen~s, and questions ensued ~elative to the cost to expand the program; wh~ther the program could be franchised; w~etber the~e iua mechunism to require recycle pick-up and disposal a~ well es ~arbage pick-up; taxpayer funds being used for tr~h collection; and the areas included in the expansion. K~. Warren ~tated he feels there is a demand for recycling efforts on the part of tke County and noted he has received approximately 100 letters fram elementary school students supporting recycling. On motion of ~. Barber, ~econded by Mr. ~c~ale, th~ Board approved expansion of the Curb~ide Recycling Program to 40,000 homes effective April 15, 1994. (It is noted the cost of expanding the program to 40,000 homes will exceed the current budget amoun~ by $19,D00 and will be absorbe~ in the aanage~en= Services Division. The cost for 40,000 homes in F¥05 will be addressed in the FY95 budget ~ubmission and is estimated to be $47S,000 versus the $2~2,000 which is budgeted for FY94.) Vote: Unanimous 7.D. APPROPRIATTON OF FUNDS A~D DESISNATION OF PROJECTS FOR FY93 SUPPLF~4E~T~L REV~/~UB SNkRING HIGHWAY Mr, Stit~ stated staff is re~esting the Board to appropriate funds and designate pro~ects for the FY~3 Supplemental Revenue Sh~ring High~ay Improvement Program. H~ further stated will be used to improve Leds aoad and noted staff reuommends Mr. Colbert ~ade a motion, seconded by Mr. McHale, for the Board to appropriate $200,000 f~om th~ ca~it~l R~s~rve ~or the FY93 S~pplamentul Revmnum Sharing Program; to approv~ the updated Revenue Sharing Project Deve!opm~nt $~dul~; and adopt a resolution d~signoting the FY93 ~upplemental f~nd~ for Mr. Daniel requested ~=aff to ~elete future references "revenue sharing" on this matter as revenue sharing is no local match is provided from County general funds. Mr. Warren called for aha vo~ on %h~ motion made by ~r. Colb~rt, ~eoonded by Mr. McHale~ for the Board to $200,000 from the Capital Re=eryc for the FYP~ Supplemental Revenue Sharing Program; to approve the u~dated Revenue S~aring Project Development Schedule; an~ to adopt ~he following ~=R~AS~ Section 33.1-75.1 of the Code of Virgini~ permits th~ Co~onwealth Transportation board to make an equivalent matching allocation to any County for designations by the qoverning body of up to ~5 percent for $~O0,00~, wkich~ver greater~ of funds received by it during =he c~rent fiscal year for use ~y th~ commonwealth Transportation Board to maintain, or improve primary and secondary highway w~thin ~uch County; and ~EREAS, Ch~ Virginia Department of Transportation (VDOT) has notified th~ County that $]OO,000 i~ ~e maximum amount of C~te~fi~ld County funds that will be matched by the State a supplemental FY~-9~ allocation, CounLy Board of Supervimor~ appropriates $200,000 from ~a Capital Re~erve for tk~ FY92-93 Supplemental Allocation Program and r~quests UDOT to p~ovid~ ~n equivalent St25193 A~D, BE IT FURTHER R~SOLVED, that the FM92-93 ~upplemental funds be allocated for the following project: VOte: Unanimous Leds Road [Route 795) paving from Route 360 to one mile north of ($20~,000 VDOT and $$00,OOO County) 7,E, APPOINTMENTS GREATER RICHKOND TRANSIT COMP;tNY BO~RD OF DIREOTOD~ on motion of MS. Daniel, seconded by Mr. Colbert, the Board authorized the County Administrator er ~is designee to appear at the Oetob=r 2U, 1993 Granter Richmond Transit Company (GRTC) will be consi~ered at the September $~ 1993 meeting. Vote: Unanimous ?.E.~. INDURTRIAL D~VELOPKENT AUTHORIT~ On motion of Mr. Me,ale, eeoonded by Mr. Celbert, the Board Development Authority, rmpresenting ~ormu~a District, whose term is effective i~ediately and will expire June 30, 1997. Vo=~: Unanimous On motion of Mr. Colbert, seconded by ~_ W~r~n, the Board nominated t~e ~onorable J. L. ~cHale, III (business representative) and the ~onorabl~ Whaley ~. cslbe~ {~oard representative) to ~erve on the Appomatto~ Basin Industriml Development Corporation, whose formal aDpeintmeB~$ will be considere~ at the September 8, 1993 meeting. 7.E.4. DRU~ ~ND ~L¢0HOL A~U~ TASK ~ORCE On motion of Mr. McHale, seconded by Mr. Colbert, the Board suspended its rule~ et this time tO allow simultaneous nominatien/ap~ointment of a member to ser~e ~n the Drug end Alo0hol Abuse Task Fore~, represent£nq Matoaca District. Vote: Unanimous Om ~otion of Mr. Colbert, seconded by ~r. ~c~ale, the Board simultaneously nominated/appointed Ms. Daphne Bennett, to serve e~ th= Drug and Alcohol Abuse Ta~k Porce~ representing ~atoaca District, Whose ~rm is effective immediately and will be at the pleasure of the Board. Vote: Unanimous 93-527 ~/25/93 7.F. STREBTLIGHT INSTkLL~TION GOaT ~PPROVAL~ On motion of Mr. McHate, seconded by Mr. Warren, the Board approved the fsllew~ng streetllght ~natallat~nn oo~t aD~roval~: BERMUDA DISTRICT Cost to install llght: $~,13~. * Hswlett Line Drive, vioiuity of 14100 Increase in cost ts in.tall light: $42. Fox ~oll Drive, between 14525 and 14519 Incrsas~ in cost to install light: $53. An~, Surther, ~he Board deserted con=idera~ien of the strsstlight installation cost approval for the intersection of Trail=ep Terrace and Wo0dsacre Lane, in Bermuda District, until June 22, 1994 to allow information to be submitted to the Board regarding safety concerns e~Dressed by citizens in :he area. ?.~. CONggNT TTP/~S 7-G-~- ADOPTION OF R~$OLUTION REOHE~TING DECLARATION on motion o~ ~r. McHale, seconded by ~r. Colbert, the Board ado9ted the following resolution: WHEreAS, the agricultural areas of chesterfield County received no significant rainfall between June 15 and Aup~st 5, I~; and WHEREAS, Chesterfield County has some 7,600 acre~ in agricultural and horticultural production which has been severely damaged ~y ~he~s ~rsught conditions; and WHEREAS, the County Food and Agriculture Committee (FAC) has projected this damage to be approximately one million dollars. NOW, THEREFORE BE IT RESOLVED, that the Chest~f~eld County Board of ~up~rvi~orn re~p~etfully req~e~t~ Gev~rnor L. Douglas Wilder to declare Chesterfield County a drought disaster area, thereby qualifying Chesterfield Coun~yprcducers for any asslstanca programs that may be available at the ~tate Vote: Unanimous On motion of Mr. McHale, ~econd~d by ~r. Colbert, the Board appropriated $~41 from the ~idlothia~ District Three C~t Road a "Weloone to M~dlothian" ~ign on Ro~te 60 at the entrance to the Villag~ of ~i41othlan. Vote: Unanimous 7,G,], EXEMPTIOE OF TAX RELIEF RNOIPIENT8 PROM FEES FOR On motion of Mr. McHale, seconded by ~r. Colbert, the Board exemDted ta~ relief for elderly recipients f~om fees for County leaf and waste collection services. 7,~,4. S~T D~TES FO~ PUBLIC HEARIM~S 10/LANDFILL DRIVE E~W~1% ASSESSMENT DISTRIOT On motion of Mr. McHale, seconded by Mr. Colbert, the Board set thc dat~ of September 2~, 1993 at 7:00 D.m. to eon~id~r an ordinance to establish the Roots 10~LandfilI Drive Sewer Uote: Unanimous the date of 0etchEr 1~, 1923 at 7:00 p.m. to consider an qene~al, lonq-range policy guide addressing land use and other issues within the area generally bounded by ~ug~Pne% Road, COUNTY OF CHEET~R~T~.L.D,..19?~, A~ kM~ND~D~ BY TO MUSICAL OR ENTERTAINMENT P~STIV~LS ~ND on motio~ Of PLr. ECHale, seconded by Mr, Colbert, the Board set the date of September ~Z, 19~ a= 7:00 p.m. ~o oonsider an ordinance to amend the Code of the County of Chesterfield, ~78, ~s amsn~e~, by amending and reenacting Sections 4-18 relating =o m~ioal o~ Entertainment festivals and Sections 4- ]9 and 4-72 relating to bingo ~am~s and raffles. Vote: Unanimous ?.~.5. .R~QU~ET FOR BIN~O;R~PL~ ~ERMI~ On motion of ~r. Mc~ale~ ~eoonded by Mr. Colbert, the ~oard approved a raffle permit for ~ordsn Athletic Association for c~lendar year 199~. Vote: Unanimous On ~otio~ cf ~=. McHale~ seconded by Mr. Colbert~ th~ Board apprsved a request for an en=er=ainmant/musical festival permit to the Chesterfield County ~alr A~oai~tiun for the annual 8/25/~3 Chesterfield Connty Fair fron Auguet 27; 1993 through Septenber 4, %~93, subject to such conditions as the County Attorney deems necessary. 7.~.7. REQUEST FOR ~IRBWORE8 BISPLAY On motion of Mr. ~cBale, seconded by ~r. colbert, the Beard approved a request to the Woodlake Coca, unity Association to stage a fireworks display at the Shelter Cove Causeway on tho Woudlake side of the swift creek Reservoir on September 5, i993 at 9:00 p.m. (rain date: September 6, Vote: Unanimous 7.G,~, ~TATE ROAD ACCEPTANCE Thi~ day the coun=y Environmental Enqineer, in accordance with directions from this Board, made report in writing upon his e~aminst~en of Bent Tree Place ~n A~be~ Land,ag, Section 4, Bermuda District. Upon consideration whereof, and on motion of Mr. McEale, seconded by Mr. Colbert, it is resolved that Bent Tree Place in ArDor Landing, Section 4~ Bermuda District, be an~ it hereby i~ e~tabli~hed a~ a Dnblic And be it further resolved, that the virginia Department of Transportation, ~e and it hereby is requested to take into the Secondary Syste~, Bent Tree Place extends .07 miles from the intersection of Route ~69 to the cul-de-sac. This request i$ incluslv~ of the a4jac~at slope, gight distance, clear zone and desiqnated Virqinia B~part~ent of Tranoper~ation drainage ea~ement~. Thio road serveo 7 lots. And be it further received, that the Seard of Supervisors guarantees to the Virginia D~partment of Transportation an unreotricted rich,-of-way cf 50' with neceooary saoement~ fo= cut~, fills and drainage for thi~ road. This section of Arbor Landing is recorded as follows: Section 4. Plat Book 63, Page 40, October 7, 1988. Vote: Unanimous Thio day the County Envirsn~ental engineer, in auoordance with directions from this BoardI made report in writing upon his examination o~ ~srryridge Terrace end Hunt,villa Read in Fairpines, ~ctlon 4, Dal~ District. Upon consideration whereof, and on motion of Mr. McEale, o~o~n~ed by Mr. Colbert, it ~s resolved that Berryridge Terrace and ~untsville Road in Fairpines, Section 4, Dale District, be and ~hey hereby are established as public roads. And be i: further resolved, that the Virginia Department of Transportation, be and it hereby is requested to take into the Secondary system, Berryridqe Terrace e×~ends .18 niles from the end of Route 3152 to the col-de-eec. Runtsville Read extends .05 m~les f~om the intersection of Berryridge Terrace to the =nd cf Section IV. This request is inclusive of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transperta~ion drainage easements. The developer has defaulted on his responsibility to construct the roads and the CoUnty had to Complete the cease,orion. Therefore, we are requesting t~at the maintenance fee and bend b~ waived. Al~o, by virtue of these roads providing a public service, they may be addsd to the system as an addition under Section 33.1- 229 of the Code of Virginia. And be it further resolved, ~hat the ~osrd of supervisors gnaranteee to the Virginia Department of Transportation an unrestricted right-of-way of 20' with nece=sary easements for outs, fills and drainage for all Of these roads. This section of Fairpines is recorded as follows: Sectien 4. Plat Book 60, Page 72, March 24, 5958. Vote: Unanimous This day the County Environmental Engineer, in accordance with direetien~ f~om thi~ Board, made report in writing upon his examination cf Bramhleten Road, Huntsville Gourt and HUnts¥ill~ Road in Fairpines, Section 5, Dale DistrtG~. Upon c~nsiderati~n whuruof, and on motion of M~. ~cHale, seconded by Mr. colbsrt~ it is re~olved that ~rambleton Road, ~untsvill~ Court and Huntsville Road in ~airpines, section 9, Dale District~ be and they hereby are established am p~blic And be it further resolved, that the virginia Dep~r~men% of Transportation, be and it ~ereby is ~equusted te tak~ into the Secondary system, Brambletom Read ~Xgends .1~ miles from the end of Route 3169 to the cul-de-sac. ~untsvills Court extends .11 miles from ~he intersection u~ srambleten Road to the cul- de-sac. Hunts¥ill= Road extends .03 miles from the intersection of Huntsville Court to the end of Section V. This request is inclusive of =he adjacent slope, sight distance~ clear zone and designated Virginia Department of Transpurtation drainage easmmants. These rca~s nerve 38 lots. The developer has defaulted on his responsibility te construct the roads and the County had to complete the construction. Therefore, we are requesting that the ~ai~tehance fee and bend be waived. Also, by virtue of these roads providing a public service, they nay be added to the system as an additien under Section 33-1- 229 of the Code of Virginia. guarantees to the Virginia Department of Transportatien an ~restricted right-of-way of 50' with necessary easements for cuts, fills and drainage for all of the~e road~. This section of Fairpines is recorded as follows: Section 5. Plat Book 6D, Fags 74, March 25, 1988. Thio day the County Environmental Engineer, in accordance with directions from this board, made report in writing upon his exeminstion of Amstei Bluff W~y and Amstel Bluff Terrace in Amstel Dluf~, Section A, Matomca District. Upon consideration whereof, and on motion of Mr. McEale. seconded by Mr, Colbertz it is resolved that Ametel Bluff Way and A~stel Bluff Terrace in Amstel Bluff, Section A, Matoaca District, be and they hereby are established as public roads. And be it further resolved~ t~at tAe Virginia Department of ~ransportation, be and it hereby is requested to take in~o the Secondary System~ Amstel Bluff Way extends .25 miles from %he interseohion of ~oute ~3~ to the ~sad end. ~m~tel ~luff Terrace extends .33 miles fro~ the int~r~ection of ~m~tel Way to the cut-de-sac. This request is inclusive ef the adjac6nt slope, sight distance, Clear zone and designated Virginia Department of Transportation drainage easements. These roads serve ~6 lots. And ~e it further resolved, that the Board of Supervisors guarantees to t~e Virginia Department of Transportation an unrestricted right-of-way of 50' with necessary easements for cuts, fills and dr~nage for Amoral Bluff Terraco and a variable width right-of-way of 62.19~ to so~ This section of A motel Bluff is recorded as follows: Section A. Plat Book 75~ ?a~e 82~ ~ey 28, ~991. This day the County Environmental Engineer, in ~ccordanoe wi~h direotion~ from thiz Boa~d, made report in writing upon his Upon co, side,arian whereof, mhd on motion of Mr. McEale, seconded by Mr. cot~ert, i~ is resolved that Sedse£ield Road and $od~efield T~rrace in Sedgefield, Matcaca DistrX~t~ De ~d And be it fu~er resolved, that ~he virginia Department of Transportation, be and it hereby is requmsbed to take into the Secondary System~ Bad, afield Road extends .11 miles from the intersection of Route 4337 to th~ intersection of Sedgefleld Terrace. Sedgefield Terrace exten~s .1~ miles from the ~ou~ oul-de-sac to the north cul-de-sac. This request is inclusive of th~ adjacent slope, ~ight distance, clear zone and designated Virginia Department of Transportation d~ain&qe easement~. The~ roads serve 34 lots. And be it further re~ol~ed~ that the Beard of Supervisors guarantees ~o the Virginia Department of Transportation an unrestricted right-of-way of BO' with necessary easement~ for outs~ fills and drainage for all of theme reads. Sedgefield im recorded am fellows: Plat Book 71, Palos 59 & 60~ June 20t 1990. After brief discussion, on motion of Mr. MoHalk, ~conded by Mr- Colbert, the B~ard authorised the county Administrato~ to execute an Agreement for ~aintenanee of a Stormwater DrainaGe system and Best Management Practice Facility with E.D.C., the owner/developer of ~oulders V, with the County's only involvement being to asau~e the Maintenance Agreement is followed by the owner as approved by tho County Attorney. (It is noted a copy of the vicinity mketch is filed with the papers cf this Board.) Vot~: Unanimou~ ?.~.9.b, IL%MPT ON INN After brief discussion, on motion of ~r. ~cffale, seconded by M~. Colbert, the Board authorized ~h¢ County Administrato~ to execute an Agreement for ~intenence of a ~to~-mwater DrainaGe System and Ses~ Management Practice Facility with Chestnut As~eeiats~, the ow~e~/developer of Hampton Innt with the County~ only involvement being to assure the Maintenance Agreement is followed by the owner a~ approved by th~ County Attorney. (It is noted a copy of the vluinity sketch is Piled With the papers of this Board.) Vote: Unanimous Mr. Colb~rt, th~ Board authoziz~ th~ County A~mini~=rator to System and Best ~aDaGem~nt Pr~tioe Facility with ~cmeowne~s by the County Attorney. (it is noted = copy cf ~he v~in~ty sk=tch is fil=d with the p~perm of this Board.) Mr. Colbert, the ~o~rd ~uthorized the County Administrator to System ~nd De~t Management Practice Facility with Truat=es Baptist Church~ with the County's only involvement being to assure the Maintenance AGreement i~ followed by the owner as approved by the County Attorney. (It is noted a copy oS Vote: Unanimous 7.G.9.e. WOODFIN OONVENIENCE STORE After brief discussion, on motion of Pit. MaHnle, seconded by Mr. Colbert, the Board authorized the County Administrator to execute an Agreement for Haintenance of a Stermwater Drainage System and Best Management Prastioe ~acility with Joseph Woodfin, IVt the owner/developer of Woodfin Convenience Store, with the County's only involvement Doing to assu~e the Maintenanc~ Agreement is followed by the owner as approved by the County Attorney. (It is noted a copy of the plat is ~iled with th~ papers of this Board.) Vote: Unanimous 7.G.10. APPROVAL OF THE USE OF A WASTEWAT~ ~UMPIN~ STATION TO SERVE PROPOSED QUASL~ DEVELOPMENT IN THE QUI~LLA ROAD/ROUTE ~88 AREA After brief dlscu~ion, on motion of Mr. MoHale, ~eoonded by Mr. Colbert, the Board approved tko use of a wastewater pumping station to serve proposed Qualia development in the Qualla Road/Route 288 area. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) 7.G.11.a. TO BLACK & VEATCH FOR IM~ROVEMENT~ TO FALLING On motion of ~r. ~c~al~, ~c~nded by Mr. Colbert, th~ Board authorized the County Admlni~trator to e×acute a Change Order to Black and Veatch, in the amount of $476,300, for improvememt~ to the Falling C~e~k Wa~te~at~r Treatment Plant, Project #8~0553R. (It is noted expenges for construction management were anticipated and included within the project budget.} Vote: Unanimous 7.G.11.b= TO FORTERRA ~OHPOP~TION FOR UTILITIES BnILDIN~ Om motion Mr. Mc~als, seconded by Mr. colbert, the Board authorized the County Administrator to execute a C~ange Order to Forter~a Corporation, in the amount of $54~14~, for addition of a vestibule at the wust lobby ($~5,277) and revisioms to ~lectrical cirouits to handle computer equipment ($~$~855) for the Utilities ~uilding. fit is noted ~unds are available in the project account.) 9.~.11.o. TO ~N ~ ~W~ ~OR IMPBOVEMENT~ TO SWIFT CREER NATER TREATMENT PLAN? On motion of Mr. Mn~ale, ~eco~ded by Mr, Colbert, the Board authori=~d the County Administrator to execute e Change Order to ~a~en amd Sawyer, in the amount of $45,00~, for improvementz with the Safe Drinking Water Act Amendments, Project ~SS0161R. (It i~ noted funds are availabl= in ~he capital Improvement Vote: Unanimous CORPORATION POR IMPROVEMENTS TO SWIFT CREEE On mo~ion of Mr. MoHale, ~aoonded by ~r. Colbert, =he Board awarded a construction contract to D. W. Lyle Corporation, the low bld~er, in the amount cf $350,000, for improvemen~ ~o the Swift C~eek Dam; authorized the transfer of fB~ds i~ th~ amount of $150,000, from the Son Air Water Line Ascount (89-09~3R) to Improve~ent~ to Zwift Cr~k Dam Account (92-0131R); and authorized the County Administrator to execute the necesmary docu~nt~. (It is noted fun~s are available in the Capital Improvement Budpet.) Vote: Unanlmou~ on mo%ion of ~r. ~c~ale, seconded by Mr. Colbert~ approved a utilities contract for B~ckenham, Section C. Project Number 9~-0023~ a~ follows, which projeo~ includes the e~ctension of 2~443 L.F.+- of ~& inch and 1~100 inch oversized wastowatsr lines and authorized the County Administrator ho execute any necessary documents: D~veloper~ Clever Hill Co~o~ation Contractor: Coa=tl~ns Ccntr&otor~, Ins. To,al Estimated County Wamtewater (Overmizing) (Refund thru cennection~) $ 16,216.31 E~t~mated Developer Co~t: $155~D79.69 (0versi~ing - Cash refund) 5N-572W0-E4C (Overslzing - Refund from connection foes} 5N-572VO-E4C Vote: Unanimous ?.G.133~y._..~NEO.I~_. SBOTION B ~ 0FFSITE ~EW~R On motion of Mr. McH~le, ~¢=unded by Er. Colbert, tho Board approved a utilities contract ~or ~ineola, Section E and Offsite SewerS Project Number 91-0175, as follows, which ~roject include= 1,S94 L.F.+- of offsets wa~tewater lines and authorized the County Administrator to execut~ any necessary do~umen~s: Contractor: P~C Construction Company Total Estimated County Cost: Wastewater (oversizing) (Refund thru connections) Code: (o£fsito) Vote: Unanimous $11,024.29~ $36~90~.7t SN-572VQ-~4D approved a request from Asphalt Maintenance~ Inoorpora=ed for ~3-535 8~25/93 the County to aid in the aequieition cf two sewer easemsnt~ and two temporary construction easements across the property of M~ Joseph M. Duggins~ subject to the execution of a contract by Asphalt Maintenance, Incorporated agreeing to Day for all costs. (It is noted a copy of the plat is filed with the pap~r~ of thi~ Board.) Vote: Unanimous ?,~.15.a. FROM MR, ~/~D MRS. RICHARD L. EDENS, JR. TO 0ONSTRUOT A DRIVEWAY WITHIN UNIMPROVED HTB~RT L~d~E On motion o£ ~r, ~cHale, seconded by F~r, Colbert, the Board approved a request from Mr. and Mrs. Richard L. Edens, Jr. to construct a driveway within unimproved Hubert Lane, subject ts the exec~tio~ cf a license agreement. (It i~ noted a copy of the vicinity sketch is filed with the ~a~ers of this Board.) Vote: Unanimous A DRIVEWAY AND A PORTION OF A SEPTIC TANK LINE T0 BASEMENT On motion of Mr. Mc~ale, seconded by Mr. Colbert~ th~ Board portion of a driveway and a portion of a ~eptlc tank llme to subject to the execution of a license agreement. (It is noted a cody of the vicinity sketch is filed with the ~a~ers of this Board.) COMPANY On motion of ~r. ~cRale, seconded by ~r. Colbert, the Board aut~ori~e~ the c~irman of the Beard and the county Adminiatrator to e~ecute an easement agreement with Virginia ~lectric and Puwer Company ~sr underground s~rvice ts the new Chesterfield County Utilities Building. (It is noted a copy of the ~lat is file~ with the paper~ of thi~ Board.) Vote: Unanimous Administrator to execute an easement agreement with service %0 serve Manchester High $¢~ool. (It is noted a cody of the vicinity SRetCh is filed with the papers of this Board.} 93-536 8/25/93 7.~.16.e. EVER~BEEN nLEMENT~R¥ SCHOOL 0X ~otion of Mr. ~¢Halo~ seconded by Mr, COlbert, the Board authorized the Chairman of tho Beard and the county Administrator to execute an eusement agreement with Virginia Electrle end Power Company for ~derground eervioe to the ~obile classrooms behind Evergreen Elementary School. (It i~ noted a copy of the plat is filed with =he papers of this 7.G.16.d. WE~T ~R;kN~K LIBR~J~Y On motion of ~r. McHale~ eeconded by Mr. Celbar=, the Board authorized the Chairman of the Board and the County Administrator to execute an easement agreement with Virginia Electric and Power Company fur underground and overhead servi~e to the West Branch Library. (It is noted a copy of the plat is filed with the papers of this ~oard.) On motion of Mr. McHale, seconded by Mr. Colbert, the ~oard accepted, on behalf of the C~unty, the conveyance of two parcels of land -- one containing 0-075 ~ore~ adjacent to ~&ll Drive -- by Deed of Correction from Southeastern ~oard and County Administretor to execute the Deed of Correction. (I5 is noted a copy of the plat i~ filed ~ith the papers of thi~ D0ard.] Vote; Unanimous and authorized the County A~lmlnistrater to execute the necessury deed. (It is noted a copy of the plat ~ filed with th~ paperu of this Board.) vote: Unsnlmous !.-~-~8-b- ALON~ WEST ~IN~TTA bR~r~ ~d~D~UFORD ROAD ~ROM FIRST a=cepted, on behalf of the County, the conveyance of a 5 foot width parcel~ of land al0~g ~aford RQa~ from First Pentecostal Holiness Church and authorized the County Administrator to filed with the papers of this Board.) ?.G.l~.o. ~0~ OLD BUCKI~GHI~I ROAD, HUGUENOT ~O~D~ ~ I~ORPORATED On mo~ion of Mr. a~Na!e, seconded by ar. colbert, tie Board accepted, on behalf of kbs County$ th~ conveyance of a 0.015 acres of land along Old Buckingham Road and 1.11~ acres along Huguenot Road, Alverser Drive, and Old Buckingham Read fro~ Homeowners Warehsuss, Incerpora~sd and authorized the County Administrator to execute the necessary deed. (It i~ ~oted a copy of the plat is filed wit~ the papers of this Board.) Vote: Unanimou~ IneorRorated and ~uthorized the County Administrator to execute the n~c~ssary d~d~ (It is noted a copy of the plat is filed with the papers o£ this Board.) Vo~e: Unanlmuu~ ?.G.la.e. ~LON~ SKELL RO~D ~NO BBLLWOOD ROAD FROM REYNOLDS METALS COMPANY On motion eS ar. ~cHale, seconded by ~_r. colbert, the Board accepted, on behalf of the County, the ¢~nYeyance ufa 0.186 acres of land along shell Road and 0.099 acres and 0.110 acres along Bellwood Road from Reynolds ~etals Company and autheriz=d the County Administrator to execute ~he necessary dasd. (It is noted a copy of ~he plat is filed with the papers of this Board.) 7.G. LS.f. ~LO~G ~WZ~RZDGB LJ~'E FROK SHELTERING AR~ H0~ZTAL On motion ef Mr. McHale, seconded by Mr. Colbert, the Board accepted, on behalf of the County, the conveyance of a 0.Q52 acres of land along Twinridge Lane from Sheltering Arms Hospital and authorized the County Adminimtrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papars of this Board.) THE OAPITAL REOION AIRPORT OOHMISSION On motion of Mr. McHale~ ~econded by Mr. colbert, the Board a~opted th~ following resolution: RE$©LUTi0~ OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY APPROVING THE ISSUANCE BM THE CAPITAL REGION AIRPORT CO~ISSlON OF AN AMOUNT NOT TO ~XCEED $~,200,000 FOR THE PURPOSE OF FINANCING T~E ACQUISITION AND EQUIPPING OF A GENERAL PAP=KING FACILITY WMEREAS, th~ Capital Region Airport Co~issiun was creatmd pursuant to the provisions of Chapter ~80 of the Acts of 9~-538 ~/~5/93 Assembly of 1980, as amended (the '~Enahl~q Act"); and WHEREAS, in order to provide fo~ its long-range parking needs, the Commission desires to acquire and equip a general parking facility (the "Project") located ~t the intersection of Airport Drive and Eubank Road and to finance the purohaco and equipping Of such parking facility of the issuance of it~ tax- exempt, unsecured note in the maximum amount of $3,200,000 (the "Note"); and ~HEREAS, the Enablinq Act requires that the governin~ body of each participating political subdivision of the Commission of indebtedness by the Commission; and WHEREAS, the commission has requested that the Board of Sup~rvisor~ (the "Board") of Chesterfield County, Virginia "County"}~ approve t~o issuance of the Note to finance the Project, as required by the ~nabling Act. NOW, THER~FOR~ B~ IT R~SOLV~D, by,he ~oard of Supervisors of Chesterfield County, Virginia: 1. The Board hereby approves th~ issuance of the Note by 2, This resolution shall take effect immediately upon its adoption. Vote: Unanimous Thor& ws~ no Hearings of citizens on Unscheduled Matters or Clalms ~¢hedulsd at this time. On motion of Mr. Mc~als, seconded by Mr. Colbert, the Board accepted ~ho £ullewing reports: Fir. Ramsay presented the Board with a report on the developer water and ~ewer contrasts executed by =~e County Administrator. Mr. Ramsay presented the Board with a ~tatus report on the General Fund Balance; Reserve for Future Capital Projects; ~istrict Road and Street Light Funds; Lease Purchases; and School Board Agenda. Mr, Ramsay stated the Virginia D~partment of Trannport~tlon has formally notified the County of the acceptance of the following roads into the State Secondary System: ~DDITIONS LENGTH Route 4090 (Sweet Willow Drive) - From Route 720 to 0.2~ mile South Route 720 Route 6050 (Pinsrfdge Lane) - Prom Route 4090 to 0.06 mile West Route ~090 ~oute 6051 (Hardwood Drive) - From 0.04 milo East Rout~ 409Q to 0.13 ~ile West Route o. ~s ~i 0.06 Mi O. 17 Mi $/25/93 ............ I[ l__l L ; L ....... 2.S. COUNTY ~DMINI~TP~%TOR"S COMMENTS Mr. Barber requested the 9re~entation on leaf and trash collection fees be publicized through September. M~. Ham~er pr~ested an overview on leaf and traeh collection fees and services and stated thc County is in th~ pruoess of implementing new ~olid waste fee~ -- for the once a month trash collection pro,ram and hhe leaf collection program; that the methodology being u~¢d i~ i~tcnded to reach the su~ent Customers <approxi~&tely $,000); and that staff has currently received a total of 600 orders from tho~e 8,000 customers tO buy tsg~ for the new program. T~ere was brief discussion relative to the number of orders receive~. Mr. Hammer continued to review staff efforts to inform customers including the distribution of instruction left.s when trash is pi~ked up and postcards to customers regarding implementation of ~e new program. He stated the nu~e~ of phon~ calls received by citizens (approximately 100) have been informational wit~ approximately 25 expressing concern about the fee, He then review~ start-up proc~ur~ Xncluding flexibility With working vita customers, providing more education and info.sties, an~ the issuan=e of additionml Dr~ Di~aus~ion, co.ants, and qu~tion~ en~ued relative to federal and s~a~e manda~em which require localities to implement new standards without providing the necessary funding; the trash collection se~vioe a~d the types of ~aste which are collected; providing some type of finunciul relief to the elderly and handioapp~d citi=en$ for these t~es of services; and concerns expressed by citizens regarding the timefram~ and notification ~rocess for implementation of th~ program. Mr. Ramsay clarified staff will be ~endinq notification to each customer of th~ curr~nt ~ygt~m. ~ticker~ are available for the ~lderly and handicapped ~nd whether th~ ~ervice competed with private haulers, DINNER MEETING WITH MEMBERS OF DRUG AND~LLOOHGL ABUSE TASK On motion of l.',_r. Colbert, seconded by Mr. B~rber, the Board meeting with members of the Drug an~ Al=shol Abuse Ta~k Board of Supervisors for e dinner meeting and presented a brief statement of the Task Force, the impact of eubstance abuse on the County, and p]an~ for community intervention; highlighted ~heir vision for %he future; and r~queeted %he Board to continue their support of the Ta~k Reuonv~ning: l~. INVOOATION Mr. Warren introduced Re~end Rite Calli~, Pu~tor of Bermuda ~undred United Methodist Church~ who gave the invocation. 12. PLEDdE 0E ALLEGIANCE TO THE FLed OF T~B UNTTED STATES OF Dr. GUy Cabral, chairman of the Drug and Alcohol Abuse Task Force, led the Pledge of Allegiance ts the Flag of the United states of A~arica. 12. REdO~UTION~/~D ~PEOIAL RE00~NITIONS 1~.~. REC0~NI~IN~ MEHBER~ OP THE DRUs kND ALCOHO~ ABUSE TASK FORSE Mr. Masden introduced Mrs. Barbara F. G=rold and stated Gerold has served on the Drug and Alcohol Abuse T~ek Force since its ~reatio~ i~ 1987 and has recently resigned to put=ua intere~tm in other areas of community ~ervioe. on ~otion of the ~oard, ~h~ following resolution was adopted: ~H~R~$, ~rs. ~srb~ra F. "Bobbie" Gerold is a long- standing resident of ChesferfleSd County; and ~EREAS~ Mrs. Gerold has steadily dedicated herself to servin~ other~ and especially to advocating for the n~ds of young peopl~ and families; WH~R~S, MrS. ~erold has been particularly concerned with the pervasive and insidious influence of alcohol and other ~rugs in the lives of our youth; and ~EREAS, Mrs. ~eruld has sustained and ~pread a ~islon that Chesterfield County can and should be a community which provid~ a wholesome environment for young 9~o~1~, Ohm discourages the u~e of sub~tance~ and which takes every 0pp0rt~nlty %0 minimize the ri~k of subs~an=e u=~ for all it~ cit~z~n~; and ~EREAS, ~rs. Gerold has ~erved as a member of th~ Drug an~ Alcohol Abuse Tas~ Force ~inoe it~ formation in 19~6 hu~ served as co-chairman through two dlff~r~nt t~rm~; ~R~AS, Nfs. Gerold has provided th~ Task Forc~ vision, luadarshi~, an~ enthusiasm for their re~pon~ibilitieo throughout her tenure; and ~EREAS, it is thrsugh Mrs. ~rold~s vision =hat Chesterfield County i~ launching a Co,unity Intervention pro~is~ to ~ov~ this community to resist substance use of all kinds. NQW~ THE~FORE ~E IT RESOLVED, that the Chesterfield County Domrd of Supervisors hurmby expresses its sincere gratitude and appreciation to Mr~ Barbara F. Gerold for her ~ignlflcant eoqtribution to the quality of llfe for the citizens of Chesterfield CoUnty, e~p=cially its young through her ~ervice as a meaber of the Chezt~rfleld C~unty Drug and Alcohol Abus~ Task Force. AND, BE iT FURTHER RESOLVED, that a cody Of this resolution be presented to ~r~ C~rold and that thi~ re~olution b~ permanently recorded among the Dopers of thio Beard of Supervisors. Mr. Warren presented the executed resolution to Mrs. Gerold and expressed appreciation for her smrvice on the Drug and Alcohol Ab~aa Task Force. ~r. Ma~don intrmdue~d Dr. ~linton Pettu~ and stated Dr. Pettus has recently resigned from the Drug and Alcohol Abuse Task Force aB he has accepted a job opportunity outside of the State- On motion of the Board, ~he following resslution was adopted: WHEREAS~ Dr. W. Clinton Pettus ha~ been a val~ed ~it~sen of tko Ch~sterfiml~ ~o~mnnity ~nce I970; and w~R~Jg~, Or. pettua ha~ consistently and graciously ~uotuded public service es an integral part of his responsibilities throughout hi~ residence in thi~ community; and WHEREAS, Dr. P~ttus has brought an excuptien~l degree of insight, ~iDlomeey, and a commitment to exuellsmce to each task WHEREAS~ Dr. Pettus has served as a member a~d p~evided leadership to a variety of citizen boards and task forces, includin? the Community Services Board; the Civic and Progressrve Action Association for Matoaca Magisterial Dfmtrict; the United Way Needm Assemmment Committee; the Chesterfield County Schools Task Force for Year-Round School Study; the Chesterfiel~ County Eum~n Services Keed~ Advimory Committee; and Chesterfield Alternatives, ~ncorporated; and WHEREAS, Dr. Pettus has been an ~ppointed member of the through 1999 and ~erved as Chairman of the Task Force from 1991 through 199~; end fc~ mobilimin9 Chesterfield Co~ty to ~emist the inmidious initiated. NOW, T~EREFORE BE IT RE$oLu~D, that the Chesterfield County ~oard of Sucaryl=ors hereby expresee~ its sincere gratitude and appreciation to Cr~ W~ Clinton Pettus for his significant cent=ibution to the q~ality of life for the citizens of Chesterfield County and esp~oially for those ¢i=izens who are in need cf human ~erviees. Ai~D, BE IT FURTHER RESOLVED, that a cody of this resolution be presented to Or. W. Clinton Pettus and that this Chesterfield County Beard of Supervisors~ Mr. Warren presented the executed resolution to Dr. Pettus and expressed appreciation for his service to the Drug and Alcohol Abuse Task Force and for his many contributions to the q~ality of life in the community. Dr. Pettus expressed appreciation for the recognition and for the eppor~uni~iee %0 ~erV~ chesterfield c0un~y. OF EA~LE Z~OUT On ~otlon e~ the Board, the following resolution was adopted: WKEREAS~ the Bey Scouts of k~erica w~s ~ncerpe~ated William D. Boyue on February 8, 1910; and citizenship training, p~r~onal d~velopm~nt, and fitness of ~ER~$, after earning a% least twenty-one merit badges in a wide variety of fields, serving in a leadership position a =rodS, tarrying out a servi~s project ben~fluial to his community, being active in the troop, demonstrating Scout spirit, and living up to =h~ Scout 0aCh an~ ~a~; and ~=~S, due to involvemen~ in v~rious Troops, ~. Thomas Lloyd~ III, Troop 8~3, sponsored by Southslde Church~ has participated and contributed in ~any community service activities including work~ng w~th th~ County'~ D~partnent of Parks and Recreation in constructing four of mountain bik~ trail~ at Iro~bridge ~rk; a~isting in constructing a patio at Camp Bak~r'~ Administration Building; Serving on staff for the Cub and Girl Scout camps; assisting in ~npplyinq shelter and f~od fo~ the ho~ele~ through Saint Augu~tine'~ Church; and various other activities; and co~itment and has reached the long-sought goal of Eagle Scout which i~ received by less than two p~roent uf thuss individuals entering the Scouting movement; and W~ER~S, growing through his experiences in Scouting, learning the lessons ~f responsible citizenship, and priding himself on the great accomplishments of him county, Georg~ of whom we can all be very proud. NOW, TEEREFORE BE IT RESOLVED, that the Chesterfield to Mr. George Thomas Lloyd, III and acknowledge~ the good one of its citizens. Vote: Unanimous accompanied by ~emberm of hi~ family and Troop, and congratulated him on his outstanding aohievement. 93-543 8/25/93 DEFERRED ~UBLIO EEARING~ OF ~ESTER~IELD~ 1~8~ A~ ;Q4ENDND~ ~Y k~NNDIN~ kND REENACTING ARTICLE I, ~CTION 14.1-1 RELATING TO INCOAPOPJ~TION OF kLL D~I~ING FIOLATIONS INTO T~E COUNTY ~ODE relating to the incorporation of all driving violations into the County Code W~s deferred from the July 28, 1993 Board meeting. ~e further stated the ordinance will incorporate by reference any future amendmente te S~ate laws on motor v~hicle and indicated h= is in agreement with fund~ collected for fee~ automatioalty going to the county treasury veru~ the S=ate. There b~ing no one else to a~r~ss this ordinance, th~ hearing was closed. On motion of ~r. McHale, seconded by Mr. Barber, the Board AN ORDIN~CE TO ~D THE CODE OF ~E COUNTY AND REENACTING ARTICLE I, SE~ION 14.1-1 RE~TING TO BE IT ORDAINED by the Board of Supervisors of Chesterfield County: {1) That Section 14,1-1 of ~he Code uf the County of ertl=lc 9 o~ chapter 11 of ~i=te 16.1 of %he Code of virginia, time by %he General Assembly, excspt these provisions and requirements the violation of which constitutes a felony, and excsDt those ~rov~sions and requirsments which by their hersby adopted and incorporated in this chapter by referenos and ~a~e applicable within th= county. The following articles of Titl~ 4~.2 of =he Cod~ of Virginia ar~ specifically part of this chapter as fully as though set forth st herein, and it shall b= unlmw~ul for 8ny D~rmon, within the any provision of title 46.2, article 2 of ~apter 7 of titl~ Virginia which i= adopted by this section; provided, that in provision or r~irement here~y adopted exceed tbs penalty i~po~ed for a similar offen~e unde~ title 45.2, artici~ 2 of 93-544 8~25/93 chapter 7 of title 15,~ or article 9 of chapter ll cf title 16.1 of the Code of Virginia. (2) Thi~ ordinanceS, shall becom~ ~f'factive immediately upon adoption. Vote: Unanimoua SUBDIVISION A~PROVAL TO ~ONSID~%~tN ORDINANCE TO AME~DTHE COD~ O~ THE COUNTY OF ~KESTERPIELD, 1~7~, A~ ~MENDED, BY AM~EDING ordinance relating te civil penal:iez for certain zoning law, be£ore the Board can hold public hearings on these i~sue~, recommendatlen and, therefore, staff recommends t~e public Planning Co~mi~eicn. cancelled the scheduled public h~a~in~ and referred to the ordinance to amend the Code of the County of Chsst~rflsld, relating to the procedure for subdivision approval and an ordinance to amend t~e C~de of the County of Chesterfield, and 21.1-5.1 ~elating to civil penalties for certain zoning violations. 15.C. TO CON~TDER ~NORDINANCE TO;eMEND THE OODE O~ THE COUNTY M~. Micas stated this date and time b~s bee~ advertised for a public nez~ing ~o consider an ordinance ~elating to unlawful parking. ~e further statsd during the 1993 session, ~he General Assembly adopted legislation te enable locnlitie~ to prohibit vehioles from blocking curb ramps lu=a~ed on public property o~ privately owned property which i~ open tu the publis. Kr. George Beadles stated he feels localities should De allowed te ~dop~ ~a~dated ordinances without t~e ~eq~i~ement to hold a public hearing. There b~ing nc one else to address this urdln~nce~ ~he public ~ea~ing was closed. Far. Micas clarified the ordinence is not mandated. ~r. Daniel ~tated he is in favor of the ordinance as it will prohibit vehicle~ from parking in front of ~andicap~ud ramps and is subject to a fine for failing to comply. On motion of Mr. Daniel, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINA/~CE TO A~END THE CODE OF TH~ COUNTY ©~ CH~T~RFI~LD~ 1975, A~ A~ENDED~ BY A~ENDING AND REENACTING SECTIOW 14.1-14 RE~ATING TO UNLAWFUL PARKING SO AS TO PREVENT THE USE OF CURB RAKPS BE IT ORDAINED by the Board of Supervisors cf Chesterfield County: (11 That $~tion 14-1~14 of the Code of the County of chesterfield, 1978, as amended~ is amended and reenacted to r~ad as follows: ~mc. ~4.1=t4. Unlawful Darkin~ cenerall¥- (a) It shall be unlawful for any person to park a vehicle on county-owned or other public property in violation of any of the provi~ions of thi~ subsection (a)~ and every person r~ceiving written ~otic~ fro~ a police officer that he ha~ committed any of the offenses hereinafter listed may waive his right to appear and b~ tried for the ~ffense set forth in the notice. Such waiver shall be effective upon voluntary payment of fifteen dollars ($15.~) tu the county treasurer's office wi=hin five (5} days afte~ ~eoeipt Of sus~ notice or upon Voluntarily placing fifteen dollars ($15.00) in the reply mull envelope on which the notioe 0£ violation is printed and mailing it to the county treasurer's office ~o that it is postmarked within fcrty-eigh~ I4S) hears after receipt of such befere the general district court for tri~l upon the charge set forth in such notice. Such offenm~ shall include parking a o o o (2~) Whether attended or unattended sc as ts prevent the use efa curb ramp located on public pro~erty ur on priYata property which is open to the public. (b} It shall be unlawful for amy person to park a vehicle on private proper~y, including private 9ar~ing lo=e open to the public and designated to accommodote more than fifty vehicles, in violation of toe provisions o~ t~is subsection (b) and every person receiving written notice from a police offiuer, that he has uummitte~ any of the offenses hereinafter listed, may waive him right tc appear and be formally tried for the offense a~t forth in the not,cs. Such waiver shall be effective upon voluntary payment of fifteen dollar~ ($~.00) to the county treasurer's office within f~ve (5) days after receipt of such notice o~ upon ~oluntarily placing fifteen dellars ($15.Oo) in thc re~ly ~ail envelops on which the notice Of violation is print%d and mailing to the county treasur~r'~ office se that it ie post~marked within five (5} days after receipt of such notice. Such parson shall not b~ ther~afteu required to appear befsre the general district court for trial upon the charqe set forth in such notice. ~uch offenses ~h~ll fnclnde parking a vehicle: o 0 e (15) whether attended Or unattended so ~s to prevent the use of a curb ramp located on public property or on private property which is open ts ~hs public. (2) This ordinance shall become effective immediately upon adoption. Vote: Unanimous OF ~ESTER~IELD. 197~, AS AMENDED. BY AMENDIN~ AND Mr. Micas stated thia data and time ha~ bean advertised to is a result of 1992 Central Assembly legislation. ordinance. T~ars wam brief discussion relative to the diffurences between recurve bows, longbows, and On motion of ~r. Colbert, seconded by Hr. Barber, the Board adoDted the following ordinance: AN ORDINANCE TO A~END THE CODE OP 9~{E COUNTY OF CHESTERFIELD, 1978~ AS ~/~ENDED, BY A/~ENDING AND REENACTIN~ SECTION R~LATI~G TO SKOOTING OPA COMPO~D BOW, CROSSBOW, LONGBOW OR RECURV~ BOW BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Ssetion 1§.1-23.2 of the Cede of the County of Chesterfield, 1972, as amended, i~ amended and reenac~e~ to read as follows: ten,bow er recurve bow ~ohiblte~. of another without th~ permission of the owner ef ~uch property. (2) That t~i~ e~dinanc~ shall became effective immediately upon adoDtion. Vote: Unanimous ~ZLA~ING TO BI~GO AND ~PLE ~,RN Mr. ~ica~ sta~ ~hi~ date ~nd time has b~en advertised to consider an ordinance relating to bingo and raffle games. =~vi~wed significant ~hanqes to the ordinance including ~eceipts to oharity annually with an average of 10 percent over t~ee year~; prohlbi%ing 9mrsons who hav~ been convicted of a felony or cri~ of moral turpitude within the proceeding five years from operating, conduo~ing~ or managing bingo qame~ raffles; allowing amploy~s of a corporate Sponsor of a qualified organize%ion to participate in the operation of bingo 9~-947 8/25/93 include "duck'T races; and increasinq the percentage of receipts which san be used for in~tant bingo from 33 1/3 percent to 58 percent. Mr. Bill Smith, Administrator of Manchester Noose expressed con,ems relative to the requirement for permit holders to donate an average cf lQ percent of gross receipts to charity over a three-year period and stored the Lodge donates to many charities. He requested the Board to reconsider the percentage requirement comparable to the City of Richmond and stated they feel if the percentage rate remains at l0 percent, binge players will go outside of the county to play. He requested the percentage rate be set no higher than 8 percent. ~r. ~eorge Beadles expressed concerns relative to the number of individual public hearings being held on bingo issues see ~ublic hsaring Set all issues and stated ~s feels bingo regulation~ for ~urroundlng jurisdictions should be the same. There being ~o one el~e to addr~ thi~ ordinance, th~ public hearing was ~r. Warren inquired as to the number of individuals representing Nanche=ter Moose Lodge present at the meeting. Approximately six persons steed in support of the Lodge. Discussion, comments! end questions ensued relative to the ~urrounding localities adopting thX~ type of ordinance; bingo and raffle percentages of the Co=n:y as compared to surrounding localities; the amount of money designated by g~oupe to e~a~ity versus ~rizee~ w~et~er t~e recommended percent over a three year period is achlevable; the amount of money ~iven to charities by ether localities; whether the ordinance will have a negative impact on bingo operations in the County; and whether the percentage Gould be ad,us:ed in the future. ~r. Daniel stated he feels the majority of bingo operations in th= County a~e performing Well above tbs target i0 percent and the recommended 10 percent can be achieved ~ithout negative impact to bingo operations. ~r. Colbert eta:ed he feels the Board ~heuld cen~ider setting the issue after a certain period of time to conside~ rai~ing the percentage to the targeted 10 percent. Mr. colber~ :~en made a motion, seconded Dy Mr. MeHale, ~or the Board to adopt an ordinance to amend the Code of the County Of C~esterfield, 1978, as amended, by a~eDding and Section~ 4-16.1, 4-~9, 4-30, and 4-33 relating to bingo and raffle games with the amendment the ordinance will require permit holders to donate five percent of their gro~ receipts ~e charity annually with an average of S ~ercent over three years and for review of the ordinance after one year if ~r. Ko. ale s~a~ed he felt the Beard ceul~ cen~ider setting the percentage at 8 percent and increasing it to the targeted 10 ostler:able with the re=on%mended 10 percent a~ a standard, but subject to a standard being There was brief discussion relative to the ordinance providing a tiered increase. ~r. Warren called for tho vote, Colbert, ~econded by following ordinance: on the motion made by Mr. for the Boar~ ~o adopt the OF CHESTERFIELD, 1978, AS AMENDED~ BY REENACTING SECTIONS 4%29(S), 4-30, 4-~0(d) (2}/ 4-30(9)(2), AND 4-92(b), A~D BY ~DING SECTIONS 4-~6.1(e) ~D 4--30(1) RE~TING TO mINed AND ~FFLE G~ES ~E IT ORDAIneD by the Board of Supervissrs cf chesterfield Countyt (1) That Chapter 4 of th~ Coda of the County of chesterfield, 1978, as amendsd~ is umended and reenacted to read as follows: S~c. 4-26.1. D~finitions_ For the p~rpoee of this article, the following words shall have the following meanings: (e) "Duck Race" means a game of chance played by releasing nunbersd~ inanina%e toys (ducks} into a body of ~oving water. A person who has been a~igned the same number as the first duck to dross a predetermined point in the water (the finish line) is the winner. Other prizes may be awarded on ~he basis c~ ~he order in which the ducks Cross the finish llne. Any and all restrictions and requirements applicable to the conduct of raffles in this article shall also apply to the ~o~d~ot Of duck races. oeo gcc. 4-~.._.Issuance of Dermit. (~) ~ach per,it shall be issued by =he o~airman of the board of supervisors upon prior approval of the board. Each permit ~h~ll be issued on a calendar year basis and shall bo valid fro~ the ~irs= day of January until th~ thirty-firmt day An organisation whish obtaihs a permit to conduct a r~ffle may ~ell raffle tickets both wi=bin and Wi~hou~ the county, and may conduct its drawing eithur in the jurisdiction in which a majority of ~he ticke~s were sold or in the ~urisdiction section 4-26.1(b} use~ as part of a raffle may ba sold only upo~ the ~remise~ owned or exclusively ~eased by such O O O Sec. 4-30. p~rmit restrictions. The operation and conduct of every bingo game or raffle shall be subject to reasonable regulation by the board of supervisors to ensure the ~ublic safety and welfare in th~ operation of the bingo game or raffle. As s condition of receiving a permit, the permittoe shall be required to contribute an annual minimum of five percent (5%) Of the gross receipts from all bingo games or raffles for those lawful r~ligisus, oharitable~ Community ur educational purposes for which th~ organize%ion is specisically chartered er organized, and no tess tha~ ~ight percent (8%} of gross receipts averaged for three (3) consecutive annual reporting periods. The operation and oenduct of every bingo game o~ raffle shall be subject to the following additional restrictions: 93-S49 (d) Any organization qualified to conduct bingo games, is authorized to play in~tant bingo as a part of such bingo game; provided, that: The gross raceipta between october 1 and September 30 of the reporting year attributable to the playing of instant bingo shall not exceed fifty (80) percent of the gross reeeipt~ ef the organization's binge operation dnring the same time period- O O O Except for persons employed as clerical assistants by erganizations compesed of o~ for deaf or blind persons, employees of corporate sponsors and me~ber~ of civic and fraternal groups, enly bona fide members e£ any suoh organization who have been me~b~r~ of ~uoh erganizatien for at least ninety (90) days prior to such participation ~hall participate in the management, operation or oonduct of ~ny bingo gam~ ~r raffle. ~xoept a~ provided participating in the management, eperation er by organizations composed of er for deaf er blind ~hirty dollars ($]O.O0) per evenb ~cr providing eighteen (18) years ef age and under who sell raffle tickets to raise funds for youth aotivities in which awards er prizes from the organization provided that organization ie nonprofit- The spouse of any such member employed by a political subdivision with which the veluntear firefighter er rescue squad member i~ associ~te~ may participate in the bona fide member is present. o s o No organizatien shall award any Dingo prize or any merchandise vulued in excess cf the following No regular bingo or special bingo gmme prize shall exceed on~ humdred dollars ($100.00)~ 0 e o NO person shall participate in the mmnugement, operation or conduct of any bingo game or within th~ preceding five years, he has been oonvioted of a felony or ~rime o~ mural tur?i~ude. FUrther, no person shall participate mn the or rufft= if that person, within the past five operatien~ or conduct of any bingo game er raffle which was found ~y a lo.al permlt~ing authority or operated in vlulation ef state law Or lecal erdinance. 95-550 8/25/93 Sec. 4-33. Audit raffles pursuant to thio article shall Ray an audit fee equal to two (5) percent of the gre~e receipts Which an organization reports pursuant to section 4-32. However, any report filed by dollars ($2,000.00) for tbs designated reporting period shall of expanses or prizes. Such audit fee shall be deternined by correctness by audit; and shall accompany euc~ report required to be tiled with the internal audit department on or before vote: Unanimous 9~_~ST~RFIELD, ~978, ~8 ~ENDEn. BY ~J4ENDI~ ~ KM. Micas stated this date and time has been advertised to consider an o~dinanoe relating to i~inerant merchants. He further statmd the ordinance will change the date Of the ordinance a4oD~ed by the Board on April t4, 1999 from an effective date of January 1, 199~ to effective iI~_~dlately. No one came forward to ~peak i~ favor of or a~ainst this ordinance- ~r. Barber sta~ed he has been ccn~acte~ by a food vendor who is intending to ~upply foo~ to a soccer tournament, however, the ourren~ ordinanoa will require the vendor to purchase ~eparate itinerant merchant licenses for cash soccer field, ge further s~ated ~ho requested amendment will relieve the vendor, and other ret~ii merchants; from th~ obligation to obtain i~inerant merchant licenses prior %0 January I~ 199~. ~r. Barber then made a motion, seconded by Mr. Colbert, for the Board to adopt the following ordinance: BE IT ORDAINED by the Board of Supervisors of Chamt~rfi~ld County: (1) That Section 12-138 sf the Code of the County of Chesterfield, 1978~ as amended~ is a~ended ~nd reenacted ts read as follews: o o o No license shall be required of an itinerant merchant if h~ i~ a duly licensed retail merchant in the county and iuclude~ all gross rec~iptm trom much itinerant activities in the basis ~or his re=ail merchant license. o o o (2) That this ordinance shall become effective I~.G, TO ¢O~SID~R ~Hg PROhibITION oF ~NY T~ROUG~ T~UCK OR TRUCK AND TP~AIL~R OR ~F~I~TRAILER COMBINA~IO~ EXCEPT A PICKUP OR rAVEL TRUCK FROM USING 0bP B~R~UDA ~UNDR~D Mr. stith stated this date and time has been advertised for a public hearing to consider the prohibition cf any through truek or t~UC~ and t~ailer or ~emi-trailer combination except a pickup or panel truck from using Old Bermuda ~undred Road from Route 10 to 0.5 miles east of Ramblewood 0rive~ He further sba=ed =he request ~oes not satisfy four of the five criteria imposed by the Virginia'Department of Transportation (UDOT) ~ however, if 5he Board wishe~ to pursu~ the requsst~ staff recemmend~ adoption of a re~olution r~qua~ting VDOT to prohibit t~reugh truck traffic on Ol~ Bermuda Hundre~ Rca~. roads restricting throuqh truck traffic and ~sql/e~t~d the Board to consider limiting the number of roads restricted. Mr. John Kinkaid stated he resides on Old Bermuda ~undred Road; that the road im too narrow to be used by large trucks; that the ares is mc~tly rssldentlal~ tha~ ~here ~re emtrances which ca~ be used ohher th~n Old B~rmuda ~undr~d Roa~; t~at tRe spee~ limit on tRe road is too high; and requested the Board to adopt a remolution requesting the prohibition of through truck traffic on 01d Bermuda Hundred Road. ~e recognized approximately four neighbors in support of the request who were present at the meeting. Mr. John cogbill, representing Mr. Frank Ellott -- the applicant to Cam~ fP~gNO2~ -- who owng approximately 60 acre~ of land fronting Route l0 and 01d Bermuda Hundred Road stated he has no objection to the proposed prohibition. Ms. Dorothy Rowe mtated she remides on 01d Bermuda Hundred Road and expressed concerns relative to tractor trailers usinq the roa~ and travailing at an e~ceaaive rate o~ speed; that she f~l~ th~e are safety issues associated with the ~q~eSt~ requested the Board to qlve favorable consideration to the Mr. Tom McGee stated he re~ides on 01d B~rmuda ~undred Road and tau high; expressed cuncerns relative ts tractor trailers the trucks could use; and requested the Board to giYe favorable consideration to t~e There being no one else ~o address this issue, the public hearing was closed. Mr. McHale stated he has written letters to the various trucking companie~ in the area who ~e ~he road a~d has ~equested the companie~ use alternat~ route~ when pon~ibl~. noted he has received several letters from these compani¢~ a=kncw!edging his r~quest and indicating their willingneg~ to Mr. MoHale then made a motion, seconded by ~r. Barber, for the Board to adopt a resolution prohibiting through truck or truck and trailer or semi-trailer combination except a picku~ or panel truck fro~ using 01~ Bermuda Hundred Road (Route ~1~) from Route 10 ~o 0.5 mile east of Ramblewcod Drive (Route 93-552 8/25/93 in having the authority to restrict through truck traffic. Mr. Warren called for th~ vote, on tk~ motion made by Mr. McHale, seconded by Mr. sarber, ~or the ~oard ~o adopt the following resolution: W]{EREAS, the Chesterfield County Board of Supervisors received a re~uas% from citizens to prohibit any through truck Qr track and trailer or semi-trailer co~binaLi~n except pickup or panel trucks from using Old Bermuda Hundred Road (Route 618) from Route ~0 to 0.~ mile east cf Rambl~wood Drive (Route ~7)r and WHEREAS~ the recommended alternate route is Route 10, Ware Bottom Spring Road, Ramblewoed Drive, and Old Bermuda Eundred Road; and WHEREAS~ ~he Scald ha~ conducted a public hearing on the question- NOW, T~EFOP~E BE IT RESO~V~, tha~ ~h~ Boa~ of Supervisor~ reqde~t~ the Virginia Department of Transportation t~ prohibit through tr~k traffic on O1~ Be~uda Hundred Road. Vote: Unanimous public hearing to consider an ordinance to vacate a portion of a twenty foot unimproved road located west of =o~f Avenue, within a subdivision of land known as "Archer~.'~ ~e further Mr. Dean Kawkins, representing ~he applicant, stated the right of way has never been ~hown on the tax map and the applicant is r~que~ting it be vacated. There being ne one al~m Lo address thi~ ordinance! the public hearing ~as closed. On =orion 6f Mr. McHule, seconded by Mr. Colbert, th~ Board adopted the follOWing ordinance: AN ORDINANCE whereby the COUNTY OF ~e ROGER C. SMIT~, RALPH A. SHORT and ~4ARLENE A. SHORT, (husband ~D4 wife), BOBBY J. MARTINDALE, RICHARD A~ WOR~AN and BARBARA M. WO~N, (husband and wife), ROBERT p. CUSHIONBE~Y and ~E a. CUS~IONBE~Y, (~uSband and wife), ~YN~D L. ~OS~R and S~D~ R. BOS~ER, (husband and w~f~), ~GAR~ C. WILLIES, ROBERT W. C~RK, SUS~ ~PS, ~NE SMELDON, JOHN ELWOOD BOSWELL, ~ORIE E~INE D~, add B~T~A ~INS=N, ("G~NTEE"), a portion of a 20' right of way within a subdivision of lan~ as "Archers~'~ BE~UDA ~agls~erlal Chesterfield County, Virginia, a~ sho~ on a plat thereof duly recorde~ in the Clerk's office of the Circuit Court of Chesterfield County ~n ~1a% 1, Pag~ 171. ~E~S, Mr. Dea~ E. Hawkins, Agent on behalf of Elaine Dean aDO Bertha ~ins~n, 9eti=ioned the Board of Supervisors of Chesterfield County, Virginia ts vacate a portion of a 20' right cf way within a ~ubdlvlslon of land known as '*Archers," B~R~UDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat dated}lARCH 16, 1852, recorded in the Clerk's 0flies of the Circuit Court of said County in Plat Book I, Page 171. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of a 20' right of way~ approximately $00' west ef ~coff Avenue, within a subdivision cf land known au "Archersu, the location Of which is more fully shown, on a plat by FJuRVEY L. ~/%~S, INC., dated APRTL 8, 199~, a copy of which is attached. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Cod~ of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW T~REFORE, BE IT ORDAINED BY TH~ BOARD OF CU~RVISOR~ OF CHESTERFIELD COUNTY~ VIRGINIA: That pursuant to Section 15.1-482(b) of the Code Of Virginia, 1950, as amended, the aforesaid portion of right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with section 15.1-482(b) o~ the cede of virginia, 1950, as amended, and a Certified ¢op~ of this Ordinance, together with the plat attached hereto shall he recorded no suuner than thirty days hereafter in the Clerk's offic~ Of the Circuit Ceu~t cl C~esterIield County, virginia pursuant =o S~¢tion 15.1-485 of the Code of Virginia, 19~0, as amended. The effect of this Ordinance p~rsuant to Section 1S.1-483 portion ~f the plat vacated. This Ordinance shall vest fee simple title to the portion of right of way hereby vacated in the owner~ of th~ abutting pr~perti~, £re~ and clear of any rights of public use. Acoordinqly~ this ordinance shall be indexed in the names of the County of Chesterfield as grantor and ROGER C. S~ITH, RALPH A. SHORT and PL%P~LENE A. SHORT, (husband and wife), BOBBY J. }~%RTIFDALE, RICHARD A. WORIiMA~ and BARBARA M. WOREIIAX, {hush=nd and wife), ROBERT P. CUSHIONBERRY and RAE A. CUCHIOND~RRY, (husband and wife), MAYNARD L. D©$HER an~ 3ANDRA R. BOSHER~ (husband and wife), ~GARET C. WILLIAMS, ROBERT W. CLARK, SUS~/~FJ~MPS, ANNE SHELDON, JO~N ELWOOD BOSWEIJ~, MARJORIE ELAINE DBAN~ and BERTHA EIWSEN, or their successors in title, as grantee. Vote: Unanimous lS,I, TO OO~SID~R AN ORDI~NGB TO VACATE LOT8 10 ~D 11 ]%ND A ~ORTTON OF ~oE AVeNUe, WITKIN "~LAT OF R, L, JONES public hearing %0 consider an ordinance to vacate Lots 10 and 11 and a portion of Joe Avenue, within "plat of R. L. Jones preper~y" and McCormick Subdivision, Section A. He further stated staff r~oom~ends approval. No o~s same forward to speak in favor of or against.this On motion of Mr. Colbert, ~econded by Mr. Warren, the Board AN ORDINANCE whereby the COUNTY OF CHESTERPIELD, VIRCINIA, (.GRANTOR") vacates to SUNICE B. BROWNING and BERNARD RITCHIE ROANE, {"GRANTEE Lots 10 and ll and a portion of Xes Avenue within "plat of R. L. Jone~ Property," and MuCormlck ~ubdivision. Section A, Metoaca Magisterial District, Chesterfield County, Virginia, both es shown un plats duly recorded in the Clerk*s Office of the Circuit court of Chesterfield County in Plat Book 2, Pages 152 as~ 153, and Plat Book 15, Peg= W~REAS, Mr. John Dollins, Agent for David T. Richardson, Virginia to vacate Lot~ 10 and 11, and a portion of Joe Avenue and McCormick Subdivision, ~ection A~ dated July ~8, 1965, ~atoaoa Magisterial Distr~st, Chesterfield Cuun~y, Virginia mor~ particularly shown on plats recorded in %he Cl~rk's Office Of the Circuit Court of said County in Pla~ Book 2, Page~ 152 and 153, and Plat ~ock 1~ Page ~, respectively. Th~ lots, portion of right uf way, and subdivision pe=itioned to be vacated a~e more fully ~e~cribed as follows: LQt~ 10 and 11, and a portion of Joe Avenue, the location of which is more fully shown on a ~la~ ~y Rive~ ~rc~., dated December, 1900, a copy of which is attached; and NcCo~mick subdivision, section A, the location cf which is ~o~e fully ~ho~ on a pl~t by G. M. Whitman, Jr., CLS, dated July 28, 1965, a copy of which W~R~A$, notice has been given pursuant to seetic~ 15.1- 431 of the Cede oS virginia, 1950, as amended, by advertising; the lots, portion of right of way, and subdivision sought vacated. ~Ow TR~R~OR~, BE IT ORDAINED BY THE BOARD OF SU~ERVTSORS OF CHESTERFIELD COUI~TY, VIRGINIA: That pureu&n~ to Section 15.1-48~(b) of the Code of Virginia, 1950, as amended, the aforesaid lot~, portion of Thi~ Ordinance ~hall be in full force and effect in accordance with Section 19.1-482(b) of the Code cf Virginia, ~950, as amended, and a certified copy cf this Ordinance, together with the plat attached hereto, shall be recorded no sooner than thirty dayu h=r=after in the Clerk's Office Of the Circuit Coat= of Chesterfield County, Virginia pursuant Section 15.1-48S of the Code of Virginia, 1950~ as amended. The effect of this Ordinanc~ pursuant to Suction 15.1~483 is to destroy the f~rce and effect u~ ~e ~ecc~dinq of the portion of the plats vacated. 93-555 8/25/93 Ao~ordinqly~ this ordinance shall be indexed in the names of the County of Chesterfield as grantor and ZU~IC~ B. BROWNING and BERNARD RITCHIE ROANE, or their successors in title~ as grantee. Vote: Unanimous I5.~. TO CONSIDER ~RAI4TING ~ ~EASE Or ~EAL ~RO~E~TY AT THE C~ESTERFIELD COU/~T¥ FAIRGROUND8 TO CENTRAL VIRgINiA MODEL ~ZLROADERg, LTD. FOR COmeTRUG~IOR OF A HODBL RAILROAD EXPOSITION BUILDINO Mr. ~ammer stated this date and time has b~en advertised for a public hearing to consider granting a ieaee of real property at the Chesterfield County fairgrounds to Central Virginia Model Kailreaders, Ltd. for construotiQn of a model railroad exposition building. He further ~tated the Fair Association supports granting the lease and staff recommends approval. ~o one cam~ £orward =o speak in ~avor of or against this i~mue. on motion of Mr. Daniel, seconded by Mr. Colbert, the Board authorized the County Administrator to grant a lease of real property at the chesterfield county fairgrsunds to Central Virginia Model Railroaders, Ltd. for con~tructlon of a model railroad s×position building, subject to approval as to form by the County Attorney. (It is noted a copy cf th~ agreement i~ filed with the papers of this Board.) Vote: Unanimous I~,R. TO CON$IDER~/~ORDINIiNCE TO AMENI) THE CODE OF THE COUNTY Mr. Nica~ stated this data and ti~e has been advertised for a public h~a~ing to consider an ordinance relatin9 to the iesuanc~ of parkin~ tickets as opposed to summonses for violating decal laws. Ha further stated the General Assembly adopBed legislation to allow the iesaance of citations on un±for~ traffic summonses for ¥iolations of the local motor vehicle decal ordinano~ that ~nder the proposed ordinance, person could avoid a court appearance by paying a $25 fine within 5 dsyu of receiving ~he citation and if enaoted~ the Connty T~ea~urer is prepared to receive payments from violators prior to the scheduled hearing in court; that the License Inspector anticipates no additional costs other than the printing of the citation forms; that the Chesterfield county Polic~ D~partment has agreed to this procedure; and that the public will be notified o~ the new procedure by a ~re~e release and by directions contained on the citation. ~e noted the ordinance would become ~ff~ctive 90 days after ~he da~e of adoption. Mr. George Beadles expressed conamrns relative to the current $2 faa imposed for court cases which money i~ designated for Courthouse maintenance7 that if the ordinance is funds will go towsrdm Courthouse maintenance; and stated he is in opposition to the propomed ordinance. There b~ing no one else to address this ordinance, the public hearing w~ ~losed. On motion of Mr. Barber, seconded by Mr. ~cHale, the Board adopted the following ordinance: AN ORDIN~CE TO AMEND THE CODE OP T~E COUNTY OF CHESTERFIELD, 197~, AS A~4~NDED, BY AMENDI~ /~ND ~E~NACTING SECTIO~ 14.1-~8 RE~TING TO FOR VIO~TING DE~L B~ IT O~AINED by the Bourd of Supervisors of Chesterfield County: (1) That Section 14.1-28 of the ~ode of the County of Chesterfield, 1978, as amended, is amended and reenacted to (a) It shall be ~nlawf~l to violate any p~ovisio~ of t~is article and eve~ person who violates any provision of this article shall be guilty of a misdemeanor punishable as provided in section l-~. Polio= powers are hereby conferred upon the pow=re and authority uf polioe officer~ in performing duties. The lic~n=e insD~Qtor ~ay issue a citation, parking ticket~ or uniform traffic ~ummons or have a warrant of arres~ is~ue~ for any per,on ohargin9 him with ~ violation of the provisions of thi~ article and may serve a copy cf ~uch citation, su~on~ ~arkin~ ticket or uniform traffic summons execute such warrant upon such person in the manner provided by law and ~ke return thereof to =he pro,er oour% as provided by ~a~. (b) Any person who has received a citation or parking ticket pursuant =o this section may waive hi~ right to appear parking ticket. Such waiver shall be effeo~iv~ upon voluntary Da~ent ~f twenty-five dollars ($2~.00) to the county t~easurer's office within five (5) day~ after receipt of ouch citation or parking ticket. $u=h person shall not hereafter be re~ired to appear before the general district court for trial u~un the charge set forth in such citation or parking ticket. ticket pursuant to thig ~ection and ~ishes to contest the five (5) days after receipt of such notice, appear at the offioe o~ =he license inspector, which shall issu~ a (d} Any p~rson who has received a citation or tick~ pursuant to this section and fails to ¢om~ly with subsections (b} or (c) of this aection within five (5) days ohall be ~ubject =o a fine of one hundr~ dollars ($100.00); and, in addition, a summons or arrest warrant may be issued for ~u~h (2) That thi~ ordinance shall became effective ninety 15.L. TO ~ON~IDER ~W ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1~7~, AS ~4E~DED, ~¥ DELE~IN~ ~ECTION 5,7, BY A~ENDIN~ AND REENACTING SECTIONS 5-~, ~-11, 5-11.1, A~D 5-14 AND BY ~DDING A NEW ~ECTiON 5-7.1 ALL ~r. Micas stated this date and time has been advertised for a public hearing to conside~ an ordinance relating to thc control of dangerous or vicious dc~s- ~a ~urther ~tated during the 93-957 1~9~ mes~ion, th~ General A~sembly passed legislation permitting the County to adopt a dangerous and vicious ordinance; that the new reg~lation~ define kWQ categories would allow the animal control efficsr to issu~ a summons if he believes a dog i~ dangerou~ or vicisuz and the dog muzt then be esnfine~ until a court hearing; that upon a finding by the ccu~t t~at the dog ks viciou~ or destructive, the Ow~e~ Csmply with safety requirements; and the% s~ate law prohibits *'breed specificw bans and precludes a finding of dangero~s vicious if a dog is defen~ing ~is D~operty sr offspring. Mr. George Beadles stated he felt this ordinance should be referred to the Planning Commission for their review and recommendation. There being no one ~l~e to address this ordinates, the public h~arfng wa~ closed. Mr. ~arber stated ho has bssn in sontact wi~h ~$. cindy a citizen who p~eviously ~ubmitted to the Board at the public hearing to consider an ordinance regarding a leash law for dogs, a petition with approximately 200 signatures in support of the leash law. He further stated the petition also supported the tatooing and muzxling of dogs, as well as other measures similar to this ordinance. Mr. shirt skated th~ Planning commission was aware of this matter a~d had p~evio~sly ~eCO~ended the Board adopt ordinance consistent with the new State legislation. adopted the following ordinance: OF CHeSTeRFIeLD, lS78, AS AMENDED~ BY A~ENDING DELETING SECTIONS 5.7 AND 5-11.1 AND ~DI~G SECTION 5-7.1 RE~TING TO ~E CONTROL OF DANGEROUS OR VICIOUS DOGS ~N~ ~ROVIDIN¢ FOR A BE IT ORDAIN~Q by the board of Supervisors o~ chesterfield County: (1} That Section 5-4 of the Code of the County of read ~ follow~: Sec. 5-&. Definitions. Dangero~ dog: A c~nine or canine crop,breed w~icR ha~ attacked or inflicted injury on a person or companion animal, as defined in ~ 3.1-796.66 of the Code of ViEginia, otke~ than a dog, or killed a =umpanion animal. Livestock: Cattle, hosses, ~heep, goats, swine and enclosed Owner: ~y person having ~ right o~ ~roperty in any dog, $~bJect to the provisions of this article, and any person who keeps or harbors such dog, or has the dog in his care, or who acts au itm custodian, and any p~rson who permits a dog to r~ain on or about any premises occupied by ~im. Poultry: All domestic fowl, and game birds raised in captivity, o££icer designated by law to collect taxes in the county. To run at large: A ~cg eh~ll bo deemed "to run at large" while or custodian and not under its owner's or cuotodlan's immediate control. against rsb~es, whether by inoculation, vaccination or any other method of treatment approved by the county health Veterinarian: Any licensed veterinarian authorized to praotie~ Vicious dog: A canine or canine crossbreed which has killed a person; inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of to exhibit the behavior which resulted in a previous finding by been given notice of that finding. Chesterfield, 1978, as amended, is added to read as follows: Sec. 5-7.1. Con~ro! of dangerous or vicious dogs. (a) If the dog warden has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous or vicious dog, he shall apply to a county magistrate for the issuance of a suramons r~guiring the owner or custodian, if ~nown, to appear before a general district court at a ~peci£ied time. The summons shall advise the owner cf the nature of the shall confine the animal until ~uch time a~ evidence shall be heard and a verdict rendered. The court, through its contempt poW=rs, may compel tho owner, custodian or hurbcrer of the animal to produce the animal. I~, after hearing ~e evidence, the court finds that the animal i~ a dangerous dog, the court shall ordsr the animal's ewnsr to comply w~:h the previsions of this ordinance. If, after hearing the evidence, the court ~inds that the animal is a v~cinus dog, the court shall order the animal euthanized in accordance with the provi~ion~ of ~ 6- 9 Of this chapter. (b) No canine or canine crssshreed shall be found to be a ~angerous or vicio~ dog solely because it is a particular breed. Ns ~nimal shall be found tn he a dangerous or vicious dog if the threat, injury or damage was sustained by a person w~o wa~ (i) committing, at the tims, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal'~ owner er custodian or (iii} provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused~ or assaul=ed the animal at other times. Ko polic~ dog which was engaged in the performance c~ its duties as.such at the time of t~e acts complained of shall be found to be a dangerous or vicious dog. NO animal which, at the ti~e of the acts complained of, was responding to pain or injury, or wa~ protesting itself, its 95-99~ ~/25/93 kennel, its offspring, or its owner or owner's property, shall be found to be a dengermu~ or visions (c} The owner of any animal found by a court to be ~ dangerous dog shall, within ten days Of such finding, obtain a dangerous dog registration certificate from the dog warden for a fee of fifty d~llars in addition to any other fees tha~ may required by thi~ chapter. The dog warden ~hall al~o provld~ the owner with a uniformly designed tag which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and en~ure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subsection s~all De renewed annually for the same fee and in the same manner as the initial certificate was obtained. (d) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age er older who present satisfactory evidence (i) of the animal's current rabies vaccination and (ii) that th~ apical is and ~ill b~ confined ~n a proper enclosure er is and will be confined inside the owner's residence or is and will be muzzled and confined in the fenced-in yard until the proper enelesu~e i~ constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificut= or renewal ther~e~ unless they pr~s~n~ ~ati~ao~ory evidence tha~ their residence is and will continue to be posted with clearly visible signs warning both minors and adult~ of the presenoe of a dangerous dog on the property and (ii) the animal has been permanently identified by ~eens of a tares on the inside thigh cr by electronic implantation. (e) While on the property of its owner, an animal found by a court to be a dangerous dog shall be confined indoors Or in a securely enclosed and locked structure of sufficient height and dm~ign ~o prevent its esoap~ or direc~ contact with or entr~ by ~inors, adults, or other animals. The structure shall be designed ts provide the animal with shelter from the elements cf nature. When off its owner's property, an animal feund by a court to be a dangerous dog shall be kept on a leash and ~uzzled in ~uch a ~anner as not to cause injury %0 the animal or interfere with the animal's vision er respiration, but ~o to prevent it from biting a person or another animal. (fl ~f the owner of an animal found by a¢our= to be a dangerous dog is a minor, the custodial parent or legal guardian shall be respsnsible for complying with ~11 requirements of this section. (~) After an animal has b=~n found by a court to be a dangerous dog, the animal's owner shall immediately, upon le&~ning of same, notify the dog warden if the animal (i} is loose or unconfined; (ii) bites a peruun cr attacks another animal; (iii) is scad, given away, or dies~ er (iv) has been moved ts a different address. (hi The owner of any animal whie~ has been fmund by a court to he a dangerous dog who willfully fails to comply with the requirements of this ordinance shall be guilty of a Tlass misdemeanor. (i) Ail fees collected purxuant to this ~ection, less the costs incurre~byth~ dug warden in producing and distributing the requisite certificates and tags, shall be paid into a special dedicated fund in ~he treasury for the purpose of paying the expensem of any training courses required under 3.1-796.105 cf the Code cf Virginia. Chesterfield, ~g?8, as a~n~ed, is am~ndad and r~ana~tad to r~ad as follows: SS=. 5-11. Deqs killinAor iniurinq livestock or peultrv- ~t shall he the duty of the dog warden who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whethe~ such dog bears a tag or not, and any per.on findinq a dog co~itting any of the mmntione~ in this sectlun, shall have th~ right ~o kill such dog on sight. Any eou~t ~hall hav~ th~ pow~ t~ orde~ the dog warden or other offlc~r to kill any dog known to be a livestock or poultry killer, and any dog killing liv~stock or poultry for th~ third time shall be oonsidersd a confirmed killer, The court, through its contempt powers, may compel the owner, custodian or harborer of t~e dog to produce t~e dog. ~y warden or other person who has reason to believe that any dog i~ killing livestock, or committing any of the depredations county who shall issue a warrsnt requirinq the owner ti~e and plac~ na~ed therein, at which time evidence ~hall ~o~lt~y Riller, o~ ~as oo~mitted any of t~e depredations mentioned in ~i~ sec=ion, the dog shall be o~de~ed ~illed i~ediately, which the warden, or oth=r cfficur designated by th~ judge of the district uourt to act, shall (~) Tha~ s~c~ion 5-11.1 of ~hu Cud= of ~h= County (5) That Section 5-14 of ~e Code of the County chesterfield, 1978, as amen0ed, is amended and reenacted to read a~ follows: S~c. ~-I4. Unlawful acts; D~n~lties. (a) The following shall be unlawful acts and constitute dollars ($100.00): (1) License application: For any per.on to mak~ a falm~ s%a~em~n~ in or,er ~o se=ute a dog license to whioh he is not entitled. (2) License tax: For any dog owner to fail to Day the license tax re~i~=d by thio chapter befor= Februury I for th~ year which it is due. In addition, the court ~ay o=d~r cunfiucation and the proper disposition of th~ dog. (~} Running at larg~: Fo~ any dog owne~ to allow a d~g to run at lazge in violation of sections 5-6 and 5-18; however, the minimum fine for violation of sections 5-6 and 5-18 shall not be less ~han twenty-five dollars ($25.88). (7) This ordinance upon adoption. Uotm: Unanimous shall become effective immediately THE CODE O~ THE OOUNTY OF OH~STERFIELD. ~EL~TING TO EXCLUSION METERS FOR ME~S~ING OUTSIDE W~TER CONSUMPTION Mr. Stith stated this time and time has b~en advertised for public ~earing to consider amendments relating to exclusion meters for measuring outside water consu~tlon. ~e noted the There was brief dlecussisn relative to the cost to inst~ll this type of meter as compared to Henrico County. Mr. George Beadles stated he feels the County needs a uniform, regional approach in addressing the issue of irrigation; that and additional ~ater will not be able to be maintained for the future; that the Coun=y needs =e learn =o conserve water; and that he feels this issue should be deferred or denied until a more regional approach is achieved. irriqation ~y~te~ will ~ave the C0~ty water manages the use of water; that the County has an adequate supply ~f water; that he doe~ not feel it i~ fair to continue ahargin~ a sewer charge on water used for irrigation; and expressed concern~ relative to the cost to install an irrigation system. ~xpr~ssed concerns relativ~ tu th~ amount of hi~ utility Dill; that he feels he i~ being unfairly charged~ and toques=ed the Board tc bs more fair in the a~e=sment of water/Eewer charge=. Ks. ~artha McCarris stated th~ City of Colonial Eeights charges conducted of th~ ~urrounding areas r~gardin~ th~ s~parat~ water is employed in the irrigation business an~ he feels the issue is paying for a service you do not receive. Ee read into the record a letter from M~. Dan We~ter a~dre$$~d to ar. ~c~ale outlining two ~olutions to the i~sue -- u~ing an averaqe rate or allowing homao~rs with irrigation ~ystems certain restriutions b~ing impo~ed. H~ further ~%ated he there are several alternatives availablu and u compromise =hould be reached. ~s. ~ambi ~arn~t=, represen%ing t~e Homo Builders Association, stated other alternatives should b= reviewed such us churgm~ b~ing based on an average rate or a surcharge being placed 0n oiti~en~ du~ing the summer months. ~he further stated the info--etlon is g~thered ~rom other localities. ~. David Walker expressed concerns relative to paying for being too high. He further stated he feels additional rende~ an informed decision and requested the Board to contin~ to review th~s ~. Wayne Johnson requested the Hoard to r~view this issu~ farther and %0 charge citizens only for th~ ~ewage ~hat a~tually goss into the sewage system. He e~res~ed concerns relative to the hook-up fe~ and ~tatad ci%i~n~ ~hQul~ charged for water nu~ being ~reatm~ by th~ County. 93-562 8/25/93 Mr. Richard Blackwell stated he feels the issue should nat be the amount of water being used; that he works in the irrigation industry and he feels irriqation systems would attract new citizens and buainess~e; that irrigation eyeteme protect ~he water supply; and indicated there are options available ouch as pro-ration of hills rather than t_he currant syst~; and requested the Board to re~i=~ the options available. Ms. Linda Ingall~ ~tated the issue should be reviewed further; rate; a~d she feels it is ~ot fair to charge for sewer and water that ~s net going throuqh the utility system. There being no one ~lse to addre~ this issue, the public hearing was Mr. Warren acknowledged the high level of input and suggestions received from the various speakers. Mr. Barber stated he is unsure whether ~rrigation ~y~tem~ th~ appropriate ~thod to conserve water add does not increasing the average residential customer rates_ He f~rther sta~ed he £eele the issue should he reviewed further and i~dieated he oould support an alternate ~pproach to achieve t~hi~ re~ult without a rate increase. M~. Mc~ala stated ~a feels t~e~e is an inequity in the us it places an extra charge on water used that do~s not go rectified. Ha further stated h~ feels this process encourages citizens to invest in their homes and landscapes, but discourages wat~ing to achieve results. He stated one of the recommendations from the Commission os Shrink/Swell Soils, for to a problem and charging a sewage charge is unfair; that those who wa~er %heir yards will continue to do so; that t~e County receiving; and that he supports adoption of the proposed ordinance. Board to adopt an ordinance to amend the Code of the County Mr. Wa~en ~tated he feul~ th= issue raquir=u additional r~view on the alternatives available a~d c0mpariso~ with jurisdictions. Hx noted staff has indicated this issue is not of an irrigation meter. Mr. Daniel seated several years ago there was not enough water in the region and he feels the broader issue is cons~rvation. related issues and suggested the Board con~id~r referring thi~ is~u~ to the Committee, for their review and reco~endation, as the issue is c0~plex in nature. Mr~ Daniel then ~ade a ~ub~t~tute motion for th~ Board to refer to the watershed CQmmi~s, for their review and recommendation, an ordinance tc amend the Code of the County of Sections 20-69 relating to wastewa%er service charges. Hr. Warren s~conded the ~ub~titute notion. Mr. McHale stated the Board ham previously discussed this an issue. He further stated he would not support the substitute motion as he feels adoption of the ordinance will fairly place the burden on the users of the system. referring t~e issue to the Watershed Committe~ f~r their review and recommendation. Mr, Warren indioatsd ha concurred wi~h ~r. Colbert on thig issue and stated he does not feel he is prepared to make an informed decision on this issue until further information is obtained. ~r. Daniel stated concerns have been expressed from oi~izens about this issue and he feels there are too many unanswered questions at this time, therefore, the issue should be further reviewed. ~, Warren called fo~ the vcte~ on the motion by ~. Daniel, seconded by Mr. Warren, for the ~osrd %0 refer to the Watershed Committee, fo~ their ~eview and ~ece~cme~dation, &~ o~din&nse to amend the Code of tbs County of Chesterfield, 1978, am amended, by amending and r~enacting S~ctions 20-~9 relating to was~ewater service charges. Ayes: Mr. Warren! Mr. Barber, Mr. Colbert, 5nd ~r. Daniel. ~ays: Mr. L;~ED LOCATED ~T TH~ NORTHWEST CORNER O~ LUCY ~ORR COURT SHOWN O~ ~ PL~T D~TEb ~UST 10, 199~ BY H~RVEY L. ~A~KS, IN¢OH?O~ATED TO TH~ HEALTH CENTER K~. Micas stated this date and time has been advertised fo~ public hearing to censider the conveyance of 27.5967 acres of land located at th~ northwest corner of Lucy Corr Court and Lu=y Corr Drive to the Health Center C~mmieeicn. He noted the deed includes a typographical ~rror and should be corrected to No one same forward to speak in favor of or against ~h~s issue. On motion of Mr. Colbert, eeo0nded by Mr. ~oMale, the Board a~tho~i~ed the Chairman of the Board and the County located at the northwest corner of Lucy Cart Court and Lucy Cart Drive, Dale ~agisterial District, and shown on a plat dated August 10, ~993 by ~arvey L. 9arks, Incorporated to the H~alth Cen~er Commi~sien. (It is noted a copy of the deed filed with the papers of this Board.) 15.O. TO CONSIDER ~N ~/~SNDMENT TO ~HE FYS~-94 BUDGRT TO 8TATS DEP~RTK~T CT A~IATION FOR IHPRO~EMENT~ TO THE public hearing to consider an a~ndment to the ~¥93-94 b~dget to appropriate $924,770 in revenues and expenditures for gran~s fro~ the Federal Aviation Administration and the State Mr. Earl Spencer expressed concerns about aotifioetion of landowners in the area to be sleeted for obstruction removal, There being no one else to address this issue, the public hearing wan closed, Mr. Hammer reviewed a dlaqram of the land impacting property owners around the County Airport and, specifically, Mr. Spemcsr's property. Discussion, co,meets, and questions, ensued relative to current negotiations and operational issues; the operational decisions being b~e~ht to the Board for considtratien; and the appreprlatlon of funds being needed to scours federal and State funds. On motion of Mr. Daniel, seconded ~y Mr. Warren, the Board au:hsrizsd the County Administrator to accept both Federal Aviation Administration (F~) and State Department of Aviation (VDA) grants fo: the easement acquisition project, the offsite obstruction removal design and easement acquisition project, the sff~ite cbs=ruction rs~ovel and supplemental planting project, an~ the apron and taxlway slurry seal project and to enter into contracts with the federal and state gcvernment~ fo~ expenditure of said fund~; authorized the County Administrator to solicit bide for Airport improvement projects and enter into contracts with the applicable lowest responsive and bidders~ authorized t~e CoUnt~ Administrator to e~acuts ~pDlicable contractual agreemantc tu ac~ulre and purchase avigation easements; and appreDriated all federal and Stats ($169,~7Q) £ands allocated ~sr these pnojects. vote: unanimous public hearing to consider ~meudment$ to the ~ttrick village Plan, an element of ~he chesterfield County Comprehensive Plan, and aa ordinance relating to development standards within the Village of Ettr±ck and to ~ermitted uses in the C-1 district. ~ further stated the Planning Commission and staff recommends approval. stated the Council is in favor 0£ the amcndmcn=s. £ndisa~sd sitizens should be made aware the Planning co, lesion only ~akes a recommendation to the Doard of Supervisors with the final ~scisisn being the Board of Supervisors. amended the Ettrick villaqe..E_%D~ by replacing Map Z enitled "Develepment Standards" with Map 2 entitled "Ettrisk Business Corm" und adopted the follewin~ ordinance: AN QRDINARCE TO MEND THE CODE OF THE COUI~TY DF 197~ A~ A~ENDED BY AMENDING AND REENACTING SECTIONS 21-64I 21-67.26, 21-67.36, ~1.1-~55.7~ and ~1.1-145~ ETTRICK AND TO PE~ITTED USES IN THE C-1 DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield county: (1) That S~ctions 21-64, 21-57.26, 21-67.36, 21-67.37, and r~enact~d to read as follows: DIVISION ~. SERVICE STATIONS AND PUBLIC ~ec. ~1-64. {a) No a~to~ob~le s~rvic~ station, automobil~ repair ~hop, or public garage shall hsve 8 v~hicular entrance or uxi~ within playground, church, ho~pital~ public library or institution for of ~ny of the said public, ~emi-public, or institutional buildings or properties. In all corner lots, all ~ntranc~ and ~it~ and all aurh openings ~hall b~ mat back at least twenty feet from the corner property lines extended or from the establlsh~d right-of-way line~, Curbs shall not less ~han ~w~nty-five f~et ~rum established right-of-way lines. If the gas p~ps are covered by a canopy, the canopy may extend thrme feet into th~ reguir~d setback. As applicable, the abov~ requirements are subject to ~rovisions of Division 11.2. ($-14-73, 4-25-7~) In lieu above~ refer to ~ections ~1.1-~4~ and ~1.1-~8~ for regulations applicable tu service stations, r~pair =hops, and public garag~ which a~ located within th% Ett~ick Bu~in~ CO~, defined by section 21.1-255.2. e o o DIVISION 11.3 VILLAG~ OVERLAY DISTRICT, S~c. 91-67-~6- Areas of ADDllcabilitv and Exemptions (a) The Village Overlay District shall include all lands as specified herein. (8) The Ettrisk Business Core, comprised of all that area a~ ~peclfi~d within S~otion ~.1-~55~ (d) of the Code Of County of Chesterfield; and being the same aroa Shown on the map entitled Ettrick Village--Ettrick Busines~ Core~ prepared by the Chester£ield County Planning Department and dated July 20, 1993, incorporated by reference. o o c see. 21T.67.36. Develonnent Standards. e o c (h) Within tho Ettriok cosiness core, as deZined by Section 21.1-255.2, refer to Chapter 21.1, Division 4 for applicable Development etandard~. ccc Sec. 21-67.37. Landsc~i.nq gequirements. Within the Ettriok Business Core, as dsfined by Section 21.1-255.2, ~efe~ to Chapter 21.1, Article 6, Division 4, Sections 21.~-255.4 and 2~.1-255.5 for a~plicabte requirements. DIVISION 4. DZV~LOP~ R~QUIREMENTS VILLAGE DISTRICT SeC. 21.1-255.2. Areas_~f A~nlicabilitv and Exemmtion~. 0oo {d} The Et%rick Busine~ Cor~ comprised of the ar~a shown on the map entitled Ettrick Villags--Ettrick Business Core, prepared by the Chesterfield County Planning Department and dated July Z0, 1993, incorporated by reference. sss. 21.1-255.4. EEO~Dt~nnal Development S~andards. (a) Parking.. Parking requiremenf~ in the Village District for indoor commercial recreational facilities, self-service gasoline stations, office bu~lding~ of up to fe~t, restaurants including fa~t food and drivm-in restaurants, retail atere~ personal s~rvices, repair shops, banks, greenhouses, nursery centers, and law~ and garden centers s~all ~s based on thc requirements for shopping dehte~s or similar r~tail groups of buildings as set forth by section ~1.1-~!7. I~proved, designated parking spaces in a public right of way may be counted toward the number of par~ing spaces required by Section ~1,1-217, when more than one-half (1/~) of each such space adjoins the site~ such off-site par~ing spaces shall not be subject to Section 2~-1-220 of this chapter. Further, the r~quire~ number cf pa~kin~ spacss may be reduced by 10~ if the development contain~ a sidewalk or other pedestrian walkway ~ystem that connects to axi~tlng walkwa?~ or tha~ may be cotL~ected to future wal~ways. Ail other requircmen%~ of Ar%icl~ IV, ~£visicn 2 shall apply as described. In the Et~rick Busines~ co~e, the following unes shall be eEempt from thc requirements of ssction 21.1-217: offices having a gross floo~ area which dc~ ~ot exceed 5,000 square feet, restaurants, and retail nse~, including personal Services, rep=ir ~hops, spac~al~y shops and contractor offices without heavy vehicles or equipment, ocs (b) ~ndzcapinq. For landscaping Within setbacks along major arterial= and withi~ fren~ and corner set~acks along Tights Of way other than ~sjoh arterials, all development in the ~idlcthia~ Village District shall canform to the r~oommendations set forth in Th~ Village of Mid~othian T~ehnieal Manual dated September 1991. In th~ Ettriok Bus,ness Core~ all development shall b~ exempt from the requirsments cf Article 4, Division 3 {landscaping}, Where off-street parking areas are constructed in front of the building llne or on a 10= without a buii~ng, the following minimum landscaping shall be 93-567 regulred: a iow hedge er low, partially transparent fence at least one (1) larqe deciduous tree, ax defined in Section 21.1-224 (b) (2), shall be included in each landscaped area, in lieu of the one (1) small tree req~irud by Section 21.1~225 (b). Ail ether lsndscapin~ requirements si Sections 21.1-225~ ~l-~-~$$-$, ~1.1~$$.6 and 21.1-2~.8 shall apply in all Village Districts. (c) External Lighting. Ex~pt for la~p~ attached to a building, the maximum height for lamps shall be twenty (20) feet. The requirements of s~tien ~I.i-~dQ shall apply; in the Ettrick Business Core, porch lights, gas lamps, and period lighting that is in keeping with the ~mai1 scale pedeetrfen oriente~ character of th~ villag~ shall be ~x~mpt~d from said requirements. Lamps attached to a building ~hall be no higher than the reofline or parapet wall. (~) Buffers an~ screenin~ in the E~%rick Village Corm: Buffers required by section ~1.1~22~ shall not apply. Where parking is provided on any commercial, office, er zoning lot adjacent to a residential district, a 10-f~Ot wide b~ffer shall ~a provided. This buffsr ~hall include an e~ergr~en hedge with a minimum in,tailed height of f~ur (4) feet or a solid fence ar wall ~i~ (~) £uot in height. Along side property lines that abut residential zoning, this buffer may be reduced to a width of 3 feet in accordance wish section 21.1-255.5, paragraph O O O sec. ~I.1-255.5. setbacks for o and C Districts o o e (q) Ettrick Business Core. Where a uniform pattern of setbacks, lot widths, and buildin~ widths exists~ infill development should generally maintain existing spacing and rhythm. Nethin~ in this sub~ection is intended to discourage renovation er expansion of existing structures, except t~at additions ~hall not eMtend farther into there ~etback~ than th~ exlmting Duildlng(s). The minimum setbacks for ali buildings, d~ive~, and pairing ar~as shall be as (1) Front and Corner S~de Setbacks a. For buildings~ the ~inimu~ front and corner mide setback shall be fifteen (15) Sect. follows: --For new constructiont th~ minimum front and corner mo less than the front line of the building with the least setback on the let. ~ there is no ~uil~ing cen~truet~d on the lot, the minimu~ ~thac~ for drives and parkin~ ar~as shall b~ fifteen (I5) fee:. ~-For existing buildings, the minimum setback for driv~g and parking at,ag shall be (l~) fifteen feat, provided that where parking is located in front of the building line, a fifteen £ao% s~t~ack and a low [ap~roxlmately ~ foot) hedge or partielly transparent f~nce ~ch am wrough~ iron or woo~ picket shall be provided. (2] side setbacks. The minimum side setback for buildings, drives, and parking areas shall be zero (0) feet, except when adjacent to a lot ~onsd for residential u~e, in which case the minimu~side setback for buildings, drives and parking areas shall be ten (i0} feet. This ten (10) foot setback may be reduoe~ to three (3} ~eat with the provision of a solid wood fence that is six (6) feet ~n height along the adjacent residential lo%. (3) Rear setbacks_ The minimum rear setback ~or buildings, drives, an~ parking areas ~hall be twenty (20) feet. (4) Setbacks for gasoline pumps. The setbacks for gaselins pumps and drives serving gasoline pump islands shall be the same as th~se for drives and parking areas r~quir~ in paragraph~ (1] through (4} above. 21.1-255.7. A~chitectural Treatment. (a) Within the Ettrick Bu~ine~ Core: New development shall bu compatible with the pedestrian scale and hi~to~ic villag~ charac=er of Ettric~. Nell O~ altered buildings mhould be generally consistent in height, s~al~, me,slug (shape) , and ~atg=ials with existing structures in the village. The intent of this sectiun is to in~ure functional and visual ~ech~nical equipmsnt shall b~ shielded and screened should be screened with landscaping or with fencing that is generally consistent with the arohiteotural character (b) Within all other Village District~: No building exterior (whethe~ front, ~ide, or rear) quali=y, appearance, o~ d~tail to any other ~xterior of the ~ame building, ~othing in this sec=ion shall (which would be ac=ep=able if repremen~a=ive of good architectural design) but rather, shall preclude the use Of i~ferior materials on sides which fuc~ adjoining property and th%u, might adversely impact existing or future development causing a substantial d~preclation of property valua~. N~ portion of a building conmtr~C~d unadorna~ cinder block or corrugated and/or ~heet ~etal ~hall be visible from any adjoining A, R, R-TH, R-MF, or 0 District or any publi~ right cf way. Mechanical equipment, wh~th~r ground-level or rooftop, shall sRielded and ucreened from public view and designed to perceived a~ an integral part of the bui!din~. ~urther, buildings shall ~e designed to inpart harmonious proportions ~D~ to avoid monotonous facad~ or large bulky masses. Buildings shall possess architectural variety, but shall be co~patibl~ ~ith existing structures, empecially nearby structures of high historic interest. New or remodeled buildings shall enhance an overall ~ohesive villag~ character as ref letted in ~xisting structures. This character shall be achieved t~roug~ ~se of design el=merits -- including, but not llmlt~d tO, materi~Is, baloonies and/or terraces, articulation doors and windows, ~culptural or tenure! relief ~/2~/93 facades, architectural ornamentation, varied roof lines, er other appurtenances suck as lightin~ fixtures and/ox plans and g~idelinas. DIVISION 53. C-1 CONVENIENCE BUSINESS DISTRICT Sec, ~1.1-145. Permitted Umo~--Bv Right oeo (x) commercial parking lots, within the Ettri~k Business Core, as defined by $ecbion 21~1-2~5,~. (~) This ordinance ~hall become effective i~mediately upon Vote: Unanlmou~ It w~s §=nerally agreed to r~cesu fur five minutes. 16. REQUEST~ FOR RE~ONING ~iSNO~O In Midlothian ~agisterial District, JA/~ES ~. HUBBAKD requested resonin~ from Agricultural (A), Residential (R-7} and Convenience Business (B-l) to ~eighborhood Business [C-~) of ~4.96 acres and to Community Business (C-3) of 7.21 acres. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan ~esignatos the property for general commercial and light fronting aRpro~imately S99 feet on %he southwest llne of Midlothian Turnpike, approximately 150 feet northwest cf Tax Map 18-13 (1] Parcels 3, 14, 15, 16, 42 and 43 Mr. Pools presented a su~u~ury of Case 91~N0~3D and stated the acceptanc~ of the proffered conditions. Ke noted the request a~plicant, sta%~d the recommendation was acceptable. There was no opposition present. After brief discussion, cn motion of Mr. Barber, ~e¢ond~d by M~. colbert, th~ Board approved Came 915N0230 and accepted the following proffered conditions: shall bo accomplished for fire protection: A. The owner, developer or assignee(s} shall ~ay to the County $150 per 1,000 squ~re feet of 93-570 8~25/93 pereehtage that the Me,shall Swift Building Cost Index increased or decreased between June 30~ 1991r and the date of pmyment. With the approval of the County's Fire Chief, the o%~er, developer or asmignee(s) shall receive a credit toward the required payment far the cost of any fire suppression system not otherwise required Dy law which is included as a part of the development. OR B. ~he owner, d~velopcr or assignee(s) shall provide a fir~ ~uppr~s~ion system not otherwise re~uired ~y law which the County's Fire Chief determines substantially reduces ~he need ~er County ~acilities otherwise necessary for fire protection. The developer shall perform an overall drainage study for tbs subject property plus all off-site drainage traversing the site. Development shall be designed to release no subject property and a two [~) yea~ existing rste for the off-mite drainage area and store t~e post 10~ year rate for all drainage from the subject mite, as w~ll as all off-mite ~rainage traversin~ th~ sit~. Howevar~ the release rate may be modified by Environmental ~Dgineering if dcwnstream conditions are adequate to handle a higher frequency mtorm. Adequate shall b~ de£in~d as: A. Th~ ~isting pip~ under Wux£erd RoRd, which would carry the runoff~ meet~ VDOT criteria; B. The w&terceu~ss upstream of Tuxf~rd Road through Shenandoah Subdivision and located in any uxlm~ing easement, shell be mede capabl~ of scnteining a lo- year storm; and C. ~he 100-year floodplain shall bs no closer tkan twenty fa0} feet to the nearest house. All runoff from impervioum areas shall be directed ~c a single ~etention/detsnhicn basin which shell discharge i~to adequate natural watercourses with recorde~ d:minage easements. This basin shall ~e located as generally depicted un the plan. The entire basle shall be designed in conjunction with the design cf the first site and such design shall be submitted for approval by Rnviron~e~tal Engineering. Environmental Engineering may approve phasing of the installatio~ Of the basin upon submission of an overall phasing plan_ Ail ~i]t ba~i~s and pit~ shall be si~ed a minimum of twenty-five (2~) percent larger than the minimum storage Vol~e required by the State Erosion and Sediment Control Manual. The maximum density ef this development ~hall h~ ~0o,0~0 square feet of shoDDin~ oe~ter c~ equivalent densities as approved by the Tranepor~atisn Department. Access to Route 60 shall be limited to one entranca/e~it located approximately in the cee~er of the property Sren~age. Th% entrance/exit shall be limited to right turns in and out. The exact lsoatlon of this access shall be approved by the Transportation Department. TO provide fo~ ah adequate roadway system, the developer shall be respon~ibS~ for the £o!lowisg: ~$-571 8/25/93 A. Constr~ctisn of sdditicnsl Davement end curb and gutter along the eastbound lanes of Route 60 to provide a right turn lace et the approved ac~e~s. B. Closing th~ existing crossover on Rout~ 60 west of Tuxford Road intersection, if approvod by VDOT. Dedication to the County of Chestezfield, free and unrestricted, any additional right of way (or easement) required for the improvement identified above. Thio dedication shall scour prior to site plan approval. 8. There shall be no pedestrian or vehicular access to Kni~tsb~idqe Road. Within thirty (39) days of th~ approval of ~hi$ request, the ownero/d~velopers shall petition the County to vacate that portion of Knightsbridge Road northwest of Tuxford Road. 9. Nu structure shall ex¢oed a height of three (3) storied or forty-five (45) feet, ~hichever is les~. 10. There shall be no outdoor retail acti~itie~ (excluding accessory parking) loading er unloading activities between 10:00 p.m. and 7:00 a.m. 1!, With the ~x~ption of Xntsrco~-type system~ commonly essseiated with ~anks, savings and leans end rasp ~ood restaurants with dr~ve-through w~ndcws, there shall be no outside ~peaker systems. 12. The last known president cf Shenandoah Community Association and all property owners adjacent to the entire property ~hich is subject to these proffers shall be notified in writing by the owner/developer prior to site plat, a~ehitecturut plan and landscape plan e~bmissioc to the C~e~terfield County Planning department. 13. ~sers shall ~e limited ts the following square fostaga options at the developer's discretion: A. A single tenant not to exceed 60,000 ~ress square feet with all other tenants net ts exceed 12.000 ~uare f~t; or B. TWO tenants net to exceed 30,000 ~roaa s~uare feet with all the tenants not to exceed 12,000 gross sqcare fe~t. 14. Buffers shall be provided as shown on the plan prepared by J. K. Timmcns and Associates dated Januar~ 19, 1993, titled Conceptual ~oning Layout. Except as stated herein, ~uIiers shall comply with Section 21.1-226~ 21.1-227 (a} (b) (f) (g), [h) and ~ection 21.1-2S8. Clearing and qredin~ shall ~e per~i:%e~ within the western :wanly-five (2~) Feet of the eastern seventy-five (75) foot buffer+ A retention psnd may he located within the 150 foot ~uffsr provided such pond is located a minimum of seventy-fiv~ (TS) feet from the southern property ~eundary an~ ~ur~hsr except for clea~in~ and ~radin~ for theee u~ a~ permitted ~y ~he zsnin~ 0r~inanes, ses~ieu 21.1-227 (h) there ~all be ~o clearing or grading within the southern seven,y-five (75) fee~ o£ 5ne 150 foot buffer. 15. Except as stated herein, in the Ce~nunlty Bu~inee~ (C-3) tract, u~e$ ~h~ll ~e limited ~ ~h~se uses persitted ~y right or with re~trlct~ons in th~ C-2 District plus fast food r~staurant~, cocktail lounges ss accessory to restaurant u~ and motor vehicle males and service. Any motor vehicle sales and service facility shall b~ limited to the area shown on the 91an prepared by J. K. Timmons und Associates. The following use~ shall not be p~rmitted in either the C0~m%nity Business (¢-3) or Neighborhood Business (C~2) tract: A. Coin-operated dry cleaning; pressing; laundry and laundremats; B. Occult sciences such as palm readers! estrclagers~ fcr~une tellers, tea leaf rea~ers, psophets, etc. C. qTroup car~ facilities. 16. Any building, ts include gasoline Dumps, associated with an automobile sel~-service station or any business which sells gasoline shall be set back a minimum of 150 feet from the eastern and southern property lines. Any automobile self-sarvlae station or business which sells gasoline shall be screened in ~uch a manner that headlights of vehicles utilizing the business does not project into the adjacent residential properties to the south sad east. 17. All perimeter erosion con~rol devices for e~c~ site s~all be in place prior to commencing any silvaculture or timbering adoration. Vote: Unanimous In Clover Hill Magisterial District, THE RESTAURanT C~MPA~NX requested rescning from Convenience Business (B-i) to Community Busines~ (C-3). Expansion of a fast food reetauran~ with an outside public address system ie planned. However, with the s~cval of ~his request, ~hs property a~uld be de.eloped for other community commercial uses. The density of such amendment will ~e ccntrolled byzcning ~onditions cr ordinance standards. The Comprehensive Plan desiqnate~ th~ property for commercial use. This reqaest lies on 0.43 acres frentln9 approximately 175 feet on the east line of McKesson Drive, approximately 360 ~eet north of Hull Street Road. Tax Map 40-1 (4) McKesson Place~ Section A, Blo~k B, Lot 2 and Part of Lot 1 (Sheet 15). 5{r. Peele presented a summery of Case 9~SN02~4 and ~tated the Planning Commission and staff recommends approval. Be noted the request conforms with th~ Turner ~oad Corridor LanO Use and Transportation Plan. Mr. Skip Gellet]y~ representing th~ applicant, stated the recommendation was acceptable. ~ers was no opposition on notion of Mr. WRrr~n, ~@oond~d by ~. HcHale, the Board approve~ Case 935N0224. Vote: Unanimous In Midlothian Magisterial District, TERRY L. EARNEST requested razsnlng from Residential (R-7) no Neighborhood Business (c-2). business uses. The dan~it¥ Of ~ch amendment will be CompreheDsive ~lan designate~ the propesty for Village Fringe 93=573 812S/93 Area- Thim req~emt lies on a 0.92 acre parcel known am 13856 Midlethien Turnpike. Tax Map 15-11 (1} Parcel 43 (Sheet 7). Mr. Peele presented a summary ef case 93s~0~28 and stated the PlanDi~g CoD~ss~on and ~taff recommend~ approval and acceptance of the proffered conditions. He noted the request, with the proffered oonditions, conforms with the ~idlothian Area Communit~ Plan. Mr. Terry Earnest stated the recommendation was acceptable. There was no opposition present. On motion s~ Hr. Barber, seconded by Mr. Colbert, the Board approved Case 93SN0228 and accepted ~ha following proffered conditions: 1. Uses permitted shall be limi=ed to those permitted by right and as accessory in the Convenience Business (C-l) District, plus the following uses: Antique shops, nut to include pawn sheds and Art eoheolm, galleries or museums. (c)Artist material and supply stores. (d}Bicycle sales and rentals. Catering establishments. (f) clothes stares. (g) Cur~o or gift shops. (h) Delicatessen~. (i)Funeral homes or mortuaries. Hobby stores. (k)Jewelry stores. (1)Libraries. M~dical facilities or clinics. (n) aessenqer or telegraph services. (o)Musical instrument ~tor~s. offioe supply sto~es. (g) optome=rists sales and services. (r) Paint und wallpaper stor~s. (s) P~t shops, inuluding ~t grooming. (t) Philanthropic and charitable us~s. (u) Photography s~uaies. (v) Post offices. R~st, nursing and convalescent homes and other group =are facilities. (z} Sawing machin®m salem, instruction ~nd ~ervice$. (~b) Telephone exchanges. (dd) Travel arranging and transportation ticket servic~. (es) Veterinary cllnlo~. that: (1) Sales shall not begln before November 1~ and shall be restricted only to retail sales of christmas :roes, wreaths, ~olly and ~f~ilar decorative horticultural material. (a00) nquare feet in area may ba constructed or applicabl~ law~ and/or one properly licensed, inspected, and operative truck er other vehicle may b~ parked, when utilized for ~uch sales, iD accordance with the minimum yard depth~ (~etbscks) required for the Distrimt. (4) Su££iuient area shall be set aside on site to provide a minimum of five (5) temporary off- S~oet parking spa~es. If the salem are located on the same lot with an existing usa, the required minimum and most COnvenient parking spaces for the existing uae shall not (5) Signs shall only be permitted in ascordanse (6) Any structure erected thereon, vehicls parked, signs, trash, debris and like shall be removed ne late~ than January 15. (gq) Temporary outdaer vendors, provided that: A temporary vendor shall be permitted only on a lot or parcel occupied by e legal permanent (2) A temporary stand net to exceed 200 square feet in area and one (1) properly licansad~ may be placed or parked oo-site~ when utilized (3) Outside display of merchandise for Kale is of the sales area shall be located in accordance with the minimum yard depth~ [setbacks) reqai~ed fo~ the district. (4) The required minimum and most convenient parking upa~=~ for the existing p~rmanent shall net be used for ~he temporary wi~h Article VIII of this Chapter. (6) Any temporary structure, vehicle, ~ign~, trash, (7) Ail temporary vendor area~ shall be located a zoned property where the principal uno Eeparated from ~uch property by ~ permanent (th) Customary accessory uses to these permitted here~n. Within sixty ~60) days from the date of approval of extension of time is g=anted by the Transportation Department~ forty-five (45) feet of right of way on the north side u£ Midlothian Turnpike measured from centerline of that part of Nidlothian Tnrnp%k~ immediately adjacent ~o the Droperty shall be dedicated, free and ~nreutricted, to and for the b~nefit of Chesterfield Prior to obtaining a building permit, one of the following ~hall be accomplished for fire and the date of payment. With the approval of the 93-5T5 ~/25/93 Vote~ County's ?ir~ Chief, tho o~nmr~ doveloper or assignee(m) shall r~celve a credit toward the required payment for the cost of any fire suppression system not otherwioe required by law which is included as a part of the development. OR The owner, developer er assignsels) shall provide a fire suppression system not otherwise required by law which the County's Fire Chief determines mubstantially reducem the need for County facilities otherwise necessary for fire protection. public water ~ystee mhall be used. In ~idlohhian Magisterial Dis~rich, g~%SB~R¥ ~UR~ requested Conditional Use to permit a child care cen~er in a Residential (R-40) District. The applicants intend to expand the existing church buildings to aooommcdate ~huroh am w~!l am child carQ um~. Mow~vmr, with approval of this re~uest~ a child care center, independent cf church use, could occupy all or part of tho site. ~he density of ~uch amendment will be controlled byzonin~ cenditien~ or Ordinance standards. The Comprehenmive Plan designates the property for re$idonti~l use of 1.5 units per acre or less. This request lie~ on acres fronting approxinately 1,040 f~t on th~ mouth line of Salisbury Road, also frontin~ approximately 400 feet on the west line of stateroom Road, and approximately ~00 feet on the southeast guadrants of the intersection o~ these roads. Tax Map 7-12 (1) Parcel 2~ Tax Map 7-12 (2) Salisbury, Section Block K, Lots 1 and 2; and Tax Map 7-12 (4) saliabury, section D, Sleek K, Lots ~7, 18 and 19 (Sheet 2). Mr. Pools presented n summary of Case 93~N0~5~ and stated the Planning Commission ~nd staff recommends ~pproval subject to conditions and ecceptance of the proffered conditions. ~r. Samuel ~mo~, representing th~ applicant, ~tated the present. On motion of Mr. Barber, ~econded by Mr. Colbert, the Board shall be sat back a minimum of forty (40) fa~t fro~ all property lines. Any c~ild care use may be conducted only in con)unction with a church use on the property. (CPC) And, further, the Board accepted the following proffered a 14 hour period or when new build, hq permit~ are mcught for facilities requiring domestic water and wastcwa~er, Except where Residential (R-40) standards are more restrictiv@, any development or improvement ass¢¢iatod with any child care center uno nhall comply with Zoning Ordinance requirements for office, commercial and industrial uses in Emerging G~o~th Areas. In Midlcbhian ~sgi~terial Diet,iht, ~OR~E F. AND SUSANNE HO~ER reqme~tnd Conditional Use to permit a dwelling unit separated from the principal dwelling unit in a Renidential (R- 4~] District. The density of thin amendment will be approximately 0.4 dwelling units per acre. The Comprehensive ~lan designates th~ property for residential use of 1.~ units per acre or less. This request lies on a 4.5 acre parcel lying approximatnly 1,~00 feet off thn northwest line of old Gun Road, apprn~imately 4,250 feet north of Young Manor D~ive. Tax Map ~-8 (2) Bellona Arsenal~ Part of Lot 1 Inhe~t Planning Connmission and staff reco~end~ approval subje=t to Mr. David Cla~ks, ~epr~¢nting the applicant, stated the AlDer brief discussion, on motion of Mr. Barber, seconded by Mr. Colbert, the Board approved Case 935NO~4 ~u~ject to the Prior to releans cf a building permit~ the delineated 100 year floodplain as apprcve~ by ~nvironmental Engineering shall recorded. (EE} conditions: principal dwelling unit shall be limited to: the occupants cf th9 principal dwelling unit, indlvi~usls ~ardianship, foster children, gues~ an~ any domestic 2, Within sixty (60] days of the approval of this requent, a deed restriction shall bs recorded netting forth the as recorded shall be submitted to the Planning Department. Tn Clover Hill Magisterial 0istrict, T~E CHESTERFIELD COUIT~y PLANNING COMMISSION requested rezo~i~g from Agricultural (A)'to General Bu~in~ (e-~), Thi~ rezoning will accommodate the existing buninenees located on th~ property, as w~ll a~ oth~r general business uses. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates the property for light commercial ~se. This r~quest lies on ~.8 acres known a~ 10~98, 1020O, 10202, 10210, 10220 and 10222 Hull Street Road. Tax Map 49-7 (1) Parcel~ 22 and 3~ and Part c£ Parcels 31, 45 and 46 (Sheet Mr. Peele presented a summary of Case 945N010~ and stated the Planning Commission and staff recommends approval. Mr. william Pools, representing thc applicant, stated =he approved Case 94SNO100t HI~S0N requested rezoning from Residential (R-7) Neighborhood Aus~ne~ IC-2). The density of such a~endment will be controlled by zoning conditions or Ordinance The Com9rehensive Plan designates the property for neighborhood commsruial and mixed use: neighborhood commercial/multi-family ~undred Road. Tax Map 115-10 (1} Part of Parcel 4 [Sheet ~. Puule ~rseented a summary of Case 93SN0231 an~ sta~ed the acceptance of the proffered conditions. He noted tho r~qaest ~Lr. Dean Dawkins, representing the applicant, stated an adjacent preper~y owner, ~r. Boswell, i~ not opposed to the comments regarding the pond. He further stated he will There was brief discussion relative to whether a ~ferral was Prior to obtaining a building permit, cn~ of the following A. The owner, developer or assignee(s) ~hell ~ay ~o area adjusted u~ward or downward ~y the assigne~(s) shall receive a credit toward the regulre~ payment for :ha co~t of any f~ra suppression system not otherwise required by law The owner, developer or assignee[s) s~all provide a fire suppreggion ~y~t~m not otherMi~ r~quir~d by law which the County's Fire Chief determines substantially r~duce~ th~ ~e~d for Co~ty fa¢iliti~ otherwise necessary for fire ~rotectlon. Prior to site plan apprevaL~ forty-five (45) f~et of riqht of way on the north side of State ~oute L0 as measured from th~ centerli~e Of that part of State Route 10 immediately adjacent to the property shall be dedicated, free and unrestricted~ to and fo~ the benefit of Chesterfield County. Access to State Route l0 shall be limited te one entrance/exit. The exact location of thi~ access shall be approved by the Transportation Depar~ent. This access shall be designed and constructed to be shared with adjacent pre~erties es detarm~ne~ by the Transportation Department. Prior to sit~ plan approval, easement(s] acceptable ~o the Transportation Department mhall be recorded. A thirty (30} foot wide face of curb to face of curb east- west access road wi=~ no on-s~rest parking shell be constructed through the ~ubjeot property. The exa~t lesatien of this access road shall be approved by the Transportation Departm~nb. Thi~ access road shall be desiqned and constructed to be shared with adjacent properties as d~t~rmined by the Transportatien Department. Upon request by the Transportation Department, access shall be recorded fo~ Chis ac=ass road. amendment to a previously granted r~ZO~i~g (Case 73S121) te West Hundred Road and increase the width of the required buffer truck/tractor/trailer, heavy equipment and parts, salem, controlled by zoning conditions or 0rdinanc~ standards. The Comprehensive Plan designates the property fc~ light industrial use. This requemt li~m in a General Industrial (M-2) District on a 60.6 acre parcel fromtinq approximately 1,502 feet on the th~ north linm of Ol~ ~ermuda Hundred Road. Tax MaD 117-10 (1) Paroel 16 (sheet 33). proffered conditions; however, staff race--ends denial because the applicant has failed tm adequately address several transportation impacts. There was brief discussion relative to the property being zoned Jo~n Cogbill, Esquire, represemtin~ the applicant, stated this request will allow t~e applicant to ~ell, service, and ~epair trusks/traotors/~railers, ~eavy equipment, and parts on a portion of this property; tha~ the proper~y is already zoned that the applicant i~ treat6d a~ a whQle~aler for his business license; expressed con,ems the zoning o~dinance cannot be iDterpreted to ~t!ow him ¢llen%~s use in an M-2 ~is~riet; fRoute 618) of through truok traffic on Old Barmuda Hundred Road; that th= applicant increased the buffer, agreed to delete a railroad spur on the edge of the property, to limit access to Route 618 to only two accmm~ points, agreed to put ~ buffer along the eastern boundary of the property, and has provided a that the applicant diligently attempted to address the concerns expressed by oitizens and staff; that the applicant has agreed to provide the County right-of-way along Route 10, agreed to install end relocate a crossover, and agreed to put i~ certain safety features along Route l0 such as deceleration lanes. He Transportation Department, would cost the applicant approximately $150,000, and repuestad the Beard not to require the applicant to construct a third lane of pavement on Route and additional i~prove~nts alnng Route 6IB. He then requested the Board to approve the request and accept the proffered conditions. T~ere was no opposition present, Mr. McHate stated he felt the project should be approved although he understands the concerns expressed by thc Transportation Department. He further stated even though all of ~he transportation requirements a~e not being met, the applicant i~ ~aking i~prove~ent~ to Route 618 and the County should encourage this ~ype of development. Mr. ~o~ale %hen made a motion, seconded by ~r. Warren, for the 5card to approve Case 935N0258 and to accept the following proffered cendlt~ons: I. Wrecked ve~icles e~all DS screened from view from and Old Bermuda ~undred Read ("Route 6IS"). The m=thod of screening may include th~ uae of ~xisting vegetation, er supplemental landscaping or by any other method or a cemblnat~on of any of the above method~ as may be acceptable to the owner/developer and am approved by the Plannin~ Department at the time of the elto plan review. visibility of th~ servic~ bays from Route 10 and Reut~ 618 shaSl he minfm~a~d by u~e ~f fac~a treatments, mxi~ting vegetation~ or eupplemental landscaping as required by the OrdiDancs, or by any other ~ethod or a combination of any of the above methods es may be acceptable to the owner/developer and as approved by the Planning Department at the time of the site plan review. 3. P~ior to ~ite plan approval~ one hundred (100) feet cf right of way on the south side of Route 10 (measured from the center line of Route 10 immediately adjacent to the Property) shall be de~oated free and unto=trio=ed (except for exiuting utility eauumentu) tu and fo~ the benefit cf C~esterfield County. 4. Aocess to Route l0 shall De limite~ to no~ more than =hree (3] ontranc~/e~i~ts; one located approximately in the center eft~e Property frontage aligning with Marbour East Drive, one located toward~ the western Property li~e, one located towards the eastern Proper~y line. The exact location and design of these accesses shall be reviewed and approved by tko Transportation Department at time of site plan review. 5. P~io~ to any site plan apprOVal for any site fronting Route 618, forty-five (45) feet of ~ig~t of way on the north side of Route 6~, measured from the center line of Route 618 immediately adjacent to the ProperLy shall be dedicated free and unrestricted (~xcept for existing utility easements) to and for the benefit of Chesterfield County. 6. Access to Route 618 shall be limited to not more than two (2) entrance/sxits. The second access to Route 618 shall be permitted if required to adequately serve the P~eperty. At the time of site plan review, the exact lscatlon of the entrances/exits shall be approved by ~e Transportation Department.' 7. To provide far an adequate roadway system at %he time do.plate development of the Property, the developer shall be responsible fo~ the fullowing: Additional pavement shall be provided at each right turn lane into the Property. Relocation of the ditch along the north side of Route 653 to th~ extent it is necessitated by 7.a. above. Additional pavement s~all be provided along Route 10 to provide for a right turn lane into tho Property at each approved access. d. Dedication to the County of Chesterfield free and unr~strlct~d (exCept for existing utility easements), any additional right of way (or ~a$~m~n~) required for the improvements described in e~bpa~ag~aphs 7a.~ b., and c. uboYe. e. Contribution to the cost of the cross-over improvements a% Harbeur East Drive subject to Condition 12. 8. The road improvements identified in condit~sn 7 shall be phased in accordance with the following Phasing Plan. The proposed pha~ are not s~que~tial and will depend upon the location cf %he individual sites. At ~he time of the construction of any Route 10 entrance into the Property a right turn lane £or each approved access shall be constructed. At the time of development of that portion of the Proper~y fronting on Route 618, a right turn lane shall be eonstr~eted at each approved access into the ~roperty along Route ~l~. e. A= =he time of ~evslop~ent oS that portion of the P~operty fronting un Route 61~, the ditch along the north side of Route 61~ shall ~e relocated ~o the extent it is n=cemsitated by P.a. and 8.c. abo~e. d. At th~ time of sonstruction of the ~arbour Drive cross-over, access to the developed portion of the Property fronting on Rout~ 10 will be pxovided to align with that crass-over. 9. The site shall be demigned ~o as to store a two (2), ten (10) and one hundred (100) year post-development storm and the storm water release shall be nc greater than a two (~), ten (10) ~nd one hundred (100) year pre-development 10. In order to accommodate citizens residing in the area, 105 foot buffer shall be provided slung ~he southern ~oundary line of the Property adjacent to Rout= 618 and along the eastern Property line adjacen~ to tax map parcel 117-15 ((2)) 16, curr.ntly owned by Thoma~ k. McGee. These buffers shall csmply with section 21.1-227 (b), (h) and (i) of the Ordinance. At such time am the adjacent industrial u~e~, these D~££er requirements shall be eliminated. 11. Any site plan for development of the Property adjacent to Route 618, or which will access Rents 618, or Which i~ to the Planning Co~issinn for review amd approval. 12. contribution for the cost (up to a maximum of $50,©00) of the Herbert ~ast brive sross-over on Route 10, including any left turn lan~ provided as a part of the project, to be paid a~ the time of the construction of that cress- There was brief discussion relative to improving oe~t~ercial/ industrial developmsnt in the County. ~r. Warren called ~or tbs vets on the motion made by Hr. Zc~ale, seconded by Mr. Warren, for the Beard to approve Case 93SNG258 and to accept the following proffered conditions: 1. WrseRed vehicles shall be screened from view from Route lQ and Old Bermuda Hundred Road ("Route 61B"}. The method of screening may include the use of existing veqetation, or nupplemental land~capinq or by any other method or a oomblnatiom of any of the above methods as may be acceptable to the owner/developer and a~ approved by the Planning Department at the time of the sits plan review. 2. Visibility of the service bays from Route 10 and Route 618 shall be minimized by use cf lucia treatments, existing vegetation, er supplemental landmnapieg a~ regulred by the Ordinance, or by any other method er a combination of any of the above methods a~ may be acceptable to the owner/developer and us approved by the Planning bepartment at the time of the site plan review. 3. Prior to site plan approval~ one hundred (100) feet of right o£ wa~ on the south side of Route 10 (measured from fha center line of Route 50 i~ediately adjacent to the Property} shall be dedicate~ free and unrestricted (except for existing utility eaeemsnts) to and for the benefit of Chesterfield County. Access to Route 10 shall be limited to not more than three (3) entranc~/exlsts; on~ located approximately in the center of the Property frentage aligning with Harbour East one lscated toward~ the eastern Property line. The e~act and approved by the Transportation Department at time of site plan review. 5. Prier to any site plan approval for any site frentlng on Route 618, forty-five (45) feet of right of way on the north side cf Route 61~, measured from the center line cf Route 618 i~mediately adjasent to the Property shall be dedicated free and unrestricted (~×cept for ~xi~tlng utility easements) to and for the benefit of Chesterfield County. (2) entrance/e~it~. The second access to Reute 618 shall be p~rmltted if required to adequately serve the Property. At the ti~e of site plan review, th~ exact location of the entrances/exits shall be approved by the Transportation Department, 7. TO provide fo~ an adequate rssdway system at the time cf complete develepment of the Preperty, the developer shall be responsible for the follewing: 95-582 8/25/93 a. Additional pavement shall be prsvlded at each approved access slang Rou%~ 615 to provide for a right turn 15ns ~nto the Property. b. ReloeRtion of the ditch along the north aide of above. c. Additional pavement shall be provided alonq Route to provide for a right turn lane into the at each approved d. Dedication to the County of Chestsrfi~Id fr~ and unrestricted (excep~ for existing utility ea~ement~), any additional right of way (or easement) required for the imDrovement~ de~oribed in ~ubparagraphs 7a,, b., and c. above. Contribution to the cost of the cross-over improvements ~t Earbo~r East Drive s~bjest to Condition 12. Th~ road i~prov~ont~ i~nti~ied in condition 7 anova shall be phased in ac~erdanse with the following Phasing depend ~p0n the location of the individual sites. a. At the time of the construction of any Route entrance into ~hs Prope~y a right turn lane ~or each approved access shall be COnS%rusted. b. At the time of development of t~hat portion o~ the Property fronting on Rents 61s~ a right turn lane shall be con~truct~d at ~aoh appreved aooes~ into At the time of development Of that portion of the Property fronting on Route 618, the ditch along the north side of Route $1s shall be relocated to the ex~ent it is neoessitated by 7.a, and 8.~. d. At the ti~e of cmn~truation of the Harbour Drive oro$~-ever, ac¢~s~ to th~ developed portion of the Property fronting on Route lO will be provided to align with that cross-over, The site shall be designed so as to stere a two (~), (10) and one h~ndred (100] year po~t-development storm and the storm water release shall be no greater than s two (2), tan (10) and one hundred (100) year pre-development 10. In er~sr to accommodate citizens residing in the area~ a 100 foot buffer shall be provided along the southern boundary line of the Property adjaoent to Route 618 and along the eastern Property line ~djaoeot to tax map parcel 117-15 ((2)) 16, ourr~ntly owned by Thomas A. McGee. These buffers shall comply with Section 21.1-~87 (b), (h) an~ (i) of the ordinanoe. At SUO~ time as the adjasent properties are rezoned for sffice, commercial er industrial uses, ths~e buffer requirements shall be eliminated. 11. Any ~ite plan for ~evelopment of the Property adjacent adjacent to the eastern Property, line shall be submitted to th= Planning Commission for review and approval. 8125193 .......... " I It -- I' :ri the Harbour East Dsive cru~-over on ROU~e 10, including any left turn lanes provided as a Dart of tk~ projmmt, to be paid at fha time of the construction of that cross- Vote: Unanimous 16. ADJOURNMENT On motion of Mr. MoHale, ~scsn~sd by Mr. Colbert, the Board adjourned at 10:00 p.m. until September 8, 1993 at 3:00 p.~, Vote: Unanimous ~rthur S. Warrsn Chairman