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01-26-94 Minutes
~INUTES January Z6, 1994 Supervisors in Attsnd=nce: Mr. Whaley M. Colbert, Chairman Mr. J. L. ~c~ale, III, Vice Chrm. Mr. Edward B. Barber Mr. Marry G. Daniel Mr. Arthur $. Warren M~. Lane B. Ramsey County Administrator Ms. Barbara Bennett, Dir., Office on Youth Ms. Gilly A. Bland~ Registrar F~. C~aig Bryant, Dir., U~lities Ms. Tcrri Burgess, Tnterin Dir., News & Information Servi:es MS, Marilyn Cola, Asst. to County Admin. F~r. William A. Diggs, Real ~state Assessor Mr. William D. Dupler~ Building Official chief Robert L, Eaneu, Jr., Fire Department Yfe, Michael Golden, Dir., Parks and Recreation Deputy Co. Admin., ~anagement Services Mr. Russell Harris, County ombudsman Dir., General Services Internal Audit ~r. John R. Lillurd, Dir., Airport ~r. Richard Leonard, Admini~trativ~ Analyst, Environmental Engineering Ms. ~ary Lou Lyle, Dir., Accounting Mr. Robert L. Deputy Co. Ad~in.~ Human Servic~ Dir,, County Attorney Clerk to the Suard Dir., ~udget ~ ~anagement Depu=y Co. Dir., Libraries Dir., Human Resource Mgr. Mr- Colbert called the regularly scheduled meeting to o~der at 3:00 p.m. 94-47 On motion of Mr. Barber, meconded Dy Mr. MoHalk, the Board approved the minutes of January 12, 1994, as submitted. Vote: Unanimous Mr. Ramssy introduced Mr. John Csgbill, President of the Board on tho achievements/recommendations arising from tho ~oint Board of Supervisors/Chesterfield Business Council's Mini Workshop held on May ~0, 1993. Mr. Cogbi!l statsd tho purpose o~ the Mini-workshop was to brief the Board on activities of the Business Council and to find out issues concerning the Board and affsstlng business. both short and lon~ t~rm; building coalltions/r~latlonships early through the education process; the Business Council consideration of competing interests; the Business Council coordinating with other business groups/sectors and involving t~e entire co,unity in County-wide vi~ienin~ precese~ and proactive involvement of all stakeholders early in the in 1993 including forming a Business Retention Committee -- a cooperative effort between business and economic development; holding a legisla=ivm reception -- an ef£srt to co~m~nioat~ effectively with slectsd officials; participating in County ordinance/plan reviewa; establimhing "tangible and measurable coordination with other County businesses/civic/special interemt groups; and participation in regional endeuvorm such am ~he Rsgional Crime Commission. Be then reviewed the Dusines~ Council's plans for the future including promoting "First Chelc~ Community"; participating and providing leadership on regional is~ue~; and continuing dialogue with County officlals. Mr. Daniel exprmmm~d appr~clatlon to ~L~. Cogbill for the recommendations for consideration of two members te serve on leadership in prometin~ regional and local cooperation and stated leadership such as this will move the County fo~ard. ~e £ur~her stated the Board is proud of its County employees and its relationship with the Business Council, members of the business =onumunity, and its regional partners. tn Les Angeles to assist in rescue and stabilization effo~t~ l~ft by tho January 17, 1994 earthquake and introduced c~ieZ in~roduoed Battalion chief Henry J. Grodski, Jr. and Captain Angeles earth~uaks. Chief ~rcdskl ~tated he and captain Parr~tt traveled to Los Angeles to lend assistance and evaluate management of large- from the August 6, 1993 tornado in Colonial ~eights to the January 17, 1994 earthquake in LOS Angeles. ~e further stated they arrived in Los Angeles the night of the earthquake and received e brief overview~ and then reported tO the disaster preparedness unit the next morning to participate in strategic planning for the day's operation~. He then presented a brief slide presentation of their e~periences in Los Angeles ~hcwin~ the de,traction that took place due to the earthquake. Mr. Daniel stated hie son resides in Los Angeles and was ov~l~wh~l~sd Nit~ the level of destruction which had taken place. He further stated he feele the government~ staff~ and ~afety departments should take advantage of similar observations to assist citizens in dealing with t~ese t~rpes of disasters to ensure em~rgenGy preparedness for all. Mr. Colbert expressed appreciation to Battalion Chief Grodskl an~ Ca,tHin Perrett end stated the County is fortunate to have such eXperienced and capabl~ ~mployee~ in the area of public safety. Mr. Ramsey stated he has recently been notified that the County is one o~ =he local governments who will reoelve a site visit fo~ the Se~at= Productivity Award. He further stated it is a tremendou~ honor to rooeive ~he site vioit, which is scheduled for Pubruary 16, ~994, and will include a tour of the County and review County c~eraticno. 3, EOA/~D CO~I~ITTEE REPORT8 Mr. Barber ~tated he attended the Virginia Commonwealth University's s~hool of Urban Planning with the topic of discussion b~ing economic development; that he attended the Ben Air and Midlothian Fire Departments' annual dinnsrs; that he ~ttended the Freternel Order of Police annual dinner; that he held a constituents meeting at Jeh~eton-Willi~ Hospital on the Northern Area Development ~la~ amendment; t~at he will be a ~ueet epeaker at Virginia Quality Education and Reience and Technology from the Department of Education on January 25, 1994; that he will be attending the Professional Firefighters annual dinner on January ~9, 1994; that he will be moo=lng with th~ Salisbury Honeo%rners Association on February 1994; that he will be meeting with the ~ions club on February 3, 1994; and that his ~ext "First Monday" constituents meeting will be held February 1~ 1994 with the topic of disc~ssio~ being th= John Tyler Community College site. ~r. Mc~ale stated he attended a luncheon meeting with chief elected officials with the topic cf discussion being emtablishmenL of the Regional Crime Commission; that he represented ~he Board a~ ~he Nsnricus Board of Directors meeting; that he attended the ~non Volunteer Fire Department's Awards dinners t~at he was a guest speaker at the Enon Jayceeu Community Service Awards me,ting; and %hat he held a constituents ~eetiKg on February 24~ 1994 with topic of discussion being business opportunities on Jefferson Davis Highway as it relates to the enterprise zone designation. ~r. ~aniel ~tat~d he attended the Capital Region Airport Commission meeting on February 25, 19~4 and noted an increase in ~aesenger enplanement and cargo a~tivity. He further stated the Commission adopted a plan for expanding the Airport bo lengthen runways in a competitive effort cf a world-wide market endeavor for cargo a~ w~ll ~s large 94-49 1~26/94 aircraft. He noted the Eenrieo County Supervisor from that neighborhood and the Commission will need to be sensitive to these concerns. Ne further stated the Meadowdale Library dedication was held on January 19~ 1994 in whi~ the LibEary was named the ~J. Ruf~in Apperson Building" in honor o~ Fir. Appurson who is u former Dale District Bup~rvlsor and served of central area citizen meetings are being held around the Dis:riot with the topic ef discussion being lend use pl~nning~ Mr- Warren stated he attended a meeting with citizens from Hsrbnur Points rsgardin~ the 5arbeur Psinte Shoppin~ Center; that be was a guest speaker at the Brander~ill Kiwansis Club breakfast ~eeting; that he attended the annual meeting of the Dexley Community Asgociation; that he attended a m~ting with Clever ~ii1 District representatives servin~ on the Cennittee on the Futur~ in preparation for their r~port; that h~ h~ld his censtituents meetin~ on January 3, 1994 with the topic of dXsou~sion being crime issues; and that his next constituents masting w~ll be held February 7, 1994 with the topic of discussion Dein~ the budget. C~AN~BS IN THB ORDER OF PRESeNTAtION on motion of Mr. Warren, seconded Dy Mr. Bar,er, =~e Board added Item 10.D.~ an Executive Session Pursuant to Section 2.1-$44{A)(7), Cede of Virginia, 1950, as Amended, for Consultation with Legal Counsel to Discuss Specific Legal Matters Related tu the Location of ~he ~uundary Line Between Chesterfield and ~owhatan to follow Item 10-C-, Reports and, ads,ted the agenda as amended. vote: Unanimous $, RESOLUTIONS AND ~PEOIAL REOO~NITIONS Mr. Willis mtated the ~mployee-ef-the-¥ear Awar~ Pregram wam initiated by fo~-mer County Administrator Mr, N~ivin ~urnette, who recently passed away, and recognizes ~he County employee who exemplifies the best in public service. He further stated the nominees have ilium=rated ~edicaticn, ce~it~en~ ts team wer~, and ~ervice te citizens which are the foundation~ cf to~al quality management. He then introduced the 1993 nominees, who were as follows: ~. Joy D. Beavers M~. sandra Branch MS. Barbara Chumbliss Mr. Richard Ceffey Ms. Flo DrLu~heller Mr. Jim Dunn Ms. Dale Bverhart Ms. Alenna ~. Grabeyes M~- Jeanne T. HarDer Sergeant Larry ~riebel Mr. Paul Patten Ms. Evelyn T. ~rice ~s. Ann Rebertsen Me. Cynthia B. Smith Ms, ~ammy Telley P[~. Mike Westfall M~, ~llcn wood Circuit Court General Service~ Planning Fire Building Inspection Ecencmi~ Development County Admlni~tration sen=tel Libral~y Purchasing Sheriff's office Assessment o~ Real Estat~ Treasurer Nursing ~ome Acceuntinq Internal Audit Parks and Reareation Mr~ Ramsay conqratulated all those n0~inated and anmounced ~. Cynthia B. Smith, Rick Management, had been ~elec~ed On motion of thm Board, the following resolution was adopted: W}IF~R~A~, Ms. Cynthia B. Smith has been ~elected ts reprooen% the Depart~nent of Rink Management ae their Employee-of-the-Year nominee as a person possessing the guallties of superior performance and ded~sation to excellence in public service required cf the recipient of thio coveted award; and WHEREAS~ during sixteen years of service which began in 1977 as a Secretary in the Utilities Department until Ms. S~itl~s current position as Rimk Coordinator, her enthusiasm, professionalism, and responsiveness have gained widespread respect from her peers, superiors, and citizens alike; and W~RREAS, ~s_ Smith'~ selfless dedication to her responsibilities, her creative analytical decisisns which have saved Chesterfield County citizens from unnecessary expenditures, and her team ~layer attitude are recognized and appreciated by the many people she comes in contact with the general public; and WI{EREAS, the sinc~r~ d~dioatien to customer service that praised by many; and W~ZR~AS, ~s. Smith's service to the cs~umunity an~ her President of the Virginia Public Risk Management Association; ~chool Syst~; a member of th~ chesterfield Junior Women's League; a m~ber of the Scoff Elementary School PTA; and a volunteer for ~nited Way; and ~=~A$, Ms. smith s~rives to continue in her personal and professional development having completed ~v~r~l Public Risk ~anagement Association e~ucatiunal semlnar~ and an Assooiate in Risk Management course as w~ll a~ several Chesterfield County educational ~OW, ~R~OR~ ~ IT RE~OLVED, thnt th~ Chesterfield County Board of Supervisors hereby recognlza~ the loyalty, dis%inguishe~ perZo~anoe, and dedication of Ms. Cynthia Smith by naming her as the Chesterfield Co. Dry %he-Year for ~. Colbert oon~atulated M~. Smith and presented her with a framed resolution, an engraved silver R~vare ~owl, a $50.00 ~avings bond, a gift certificate to th~ Swift Creek Mill Playhouse from %he Empluye~ Ams~clation, and n~t~ a reserved parkinq space for th~ year had b~en designated for ~S. smith axpress=d ap~reciation for the honor bestowed upon he~ by th~ Admibimtration and her co-workers. It was generally agreed to recess for five minutes. Reconvening: 6, WORK COUNTY FACILITIES Mr. Daniel stated earlier this afternoon the Budget and Audit Committee met with staff and staff will be presenting a proposed capital expenditure plan which will allow the County to continue to maintain its sound financial integrity while concurrently maintaining its planned level of debt issuance an~ debt ~arvioe at approximately 10 percent of general governmental expenditures without the necessity of holding bond referendum until 1996. Hr. ~cHa!e stated a major issue being addressed by staff is handling the immediate needs of the School System as it relates to school construction. He further stated the proposed capital expenditure plan will allow for the critical holding a bond referendum. Mr. Warren requested staff to send a news release to the School Boa~d and Administration outlining t~i~ Mr. Ramsay stated the work session will be a presentation on general County facilities and does not require Board action adopt the CIP in ~onjunction with adoption of the budget at the regularly scheduled April 12, 1994 Board meeting. ~. Becky Diokscn, Capital Finance Administrator, presented brief overview of the FY95-99 Capital Improvement Program (CIP) including total composition of the County's CIP which represents proposed e~penditures of over $256.7 million; financial managamen2 policles including the County increasing it~ ~elian~e on current revenue ho finance its capital improvements and reduce dependence un debt, through use uS annual contributions to the Reserve for Future Capital Projects; debt management ratios, speolflcally, debt as a p~rcentage of assessed value, debt per capita, and debt service as a percentage of general governmental expenditures; the County's total debt capacity for FY95-99; and undesignated Gsoeral Fund balance as a percentage of General Fund expenditures. There was brief discussion r~latXve tc the County not being able to issue debt for general County projectm within the next two budget years ~nd the County's abillty to issue debt for FYi5 for Schools not exceeding $6 million and not exceeding $~3 ~illion in FYi6 and that the FY95 amount of $6 million was adjusted for the $7.3 million virginia Public School Authority (VPSA) financing to occur in tho Spring of this year. Ms. Dioksen continued to review the PY95-99 ca~ital Improvement Program (CIP) including debt capacity for Schools amd John Tyler Community College; FY95-99 debt capacity schedule~ general County CIP ~undlng ~ources; amd general County projects by functional Mr. Ramsay noted, under the Transportation project ~ummary~ that the $1.5 million d~signa~ed under industrial access would be matched by $4.5 million in ~tate funds. Improvement Projects; the County's financial commitment to John Tyler Community College; and the School's CIP fending There was brief discussion relative to whether there was a difference between holding a bond referendum in 1~94 versus 1996 as it relatem to the propomed list of ~chool projects. Mr. Ramsey reviewed the d~bt capacity schedule and mtated in order to fund the proposed Capital Improvement Program, it would require bonding authority in FY95 or a r~fer~ndum in FY94. He further stated, as an alternative, thecounty could fund the School projects totalling $~ million and $25 million, through the Virginia Public School Authority and that a bond referendum would not need to bo hold until FY95. He noted if VPSA bonds are issued, it would reduce future debt capacity related to School construction and stated the County would have to address itm commitment to John Tyler community College. Discussion, co~ments, and questions ensued relative to whether funding of these projects is guaranteed through the VPSA process; whether holding a bond referendum in F¥96 would delay or defer any of the school projects in the priority and timeframe ia which the projects Were submitted ~y the Schools; the maximum funding that can be financed through bond r~forendnm; and addressin~ cemmitment~ tho County would have under the John Tyler Ccmmunlty College Agreement if a Mr. Ramsey steted et the most recent 5cord of Supervisors/ nfter the capital Improvement Program he~ been reviewed by between both Boards to d~scuss the Capital Board to discuss the Capltel Improvement ~rogram. 7. DEFERRED ITEMS 7.~. CONSIDERATION OF AN ORDINANCE TO ~MEND THE CODE OF THE DEVICE~ AND LOW CONSUKPTION Mr. Micas stated consideration of an ordinance relating to water conservation d~vf~ and low consumption fi~ture~ deferred from the July 28, 1993 Board meeting. He further taken action to require that the water conservation ~tandards be implemented ~tatewide on April 1~ 1~94 irrespective o~ any actio~ taken by local government, therefore, there i~ no nord for a local ordinance %o be adopted ~nd staff recommend~ the Board take no action on th= ordinance. On motion of Mr. Daniel~ ~econded by Fir. McHale, th~ Board did not take ac=ion on an ordinance to amend the Code of the County of Chesterfield, 19~8, as amended, by adding a new Section 6-1.1 relating to water conservation devices and iow ¢©n$~ption fixtures. Vote: Unanimous 94-53 1/26/94 7 · B. A~POINT~IENTS SOLID WASTE ~DVISORY GOI~ITTEE on ~otio~ of MT. Daniel, seconded by Mr. Mc/~elet t~he Beard deferred indsfinltely consideration of nominations for members to serve on the Solid Wast~ A~Viso~y ¢o~i=~eet representing Dale District, to provide an opportunity for the Chesterfield Business Council to s~b~it reoo~nda=ieme. 7.C. BTREBTLIGBT INSTALLATION GOBT APPROVAL On motion of ~r. Barber, seoon~sd by ~r. McHale, tbs Board a~proved a streetlight installation cost approval for Crookcr Drive, between 11125 and 1113~, in aidlothian ~agisterial District. (It is noted there is no cost tO i~ztall the light.) Vote: Unanimous NEW BU~IN~SS On motion of Mr. Barber, seconded by Mr. HsHale, the Board e~poin~ed The ~one~able Edward B. Ba~b~ a~d The H~nora~le Arthur S. Warren as Board representatives; Mr. Hank Rioheson as the business representative; and Mr. Ray Arthur Flemimq as the citizen representative, ts serve on tke Regional Crime Commission, who~e term~ are effective immediately and will be at the pleasure of the Board. Va=e: Unanimous On motion of ~r. McBale, seconded by Mr. Daniel, the Board nomi~atisn/appolntment/reappointment of members to serve on the Keep Chesterfiel~ clean Corporation. simultaneously nom~nated/appointe~/re~pp~i~ted the £011~wing whose terms will be January 21, 1995: Ms. Joan Cole Mr. Richar~ A. Glenn Mrs, Alma Smith Mm. Kathleen O'K. Petty Vote: Unanimous Bermuda Clover Hill Dale ~ateaca ~idlot~ian 94-54 ~/z~/~4 8.A.]. CHESTERFIBLD EMERgeNCY PLANRI~G CO~HITTEE On motion of Mr. Barber, seconded by Mr. McHale, the Board nominated the following persons to serve on f~ke Chesterfield ~ergency Planning Commi=tee, who will be appointed, on behalf of the Governor, by the Virginia Department of Waste Management: P~rs. Debra Turner~ Allied Signal Fibers Teshnical center Mr. J. C. Phillips, Volunteer R~cu~ Squad~ Mr. Dennis B. Lucey, Defense General Supply Cente~ ~r. Ken Storey, Media Vote: Unanimous On notion of /~r. Daniel, secenoed by ~r. HeHale, %~e suspended its rules et this time to allow simultaneous nemination/reappointment of a member to serve un ~etropolitan Economic Development Council Operating cum~i~te~. After brief discuesion~ on motion of Mr. Daniel, ~ecended by F~r. MeHale, =he ~oard simultaneously nominated/reappointed Yff. James A. spencer ts serve on t~e Metropolitan Econumic Development Council Operating Committee, representing the County at-large, whose term will be effsct~ve February 6, ~994 end expire February Vote: Unanimous On motion of ~Lr. McHale, seconded by Mr. Barber, the Board no~ina~ed T~e ~onorable Whaley M. Colbert to serve on the ~etropolitan Richmond Convention ~nd Visitor's Bureau. Vote: Unanimous On motion of Mr. Daniel, mecond~d by Mr. Mc~ale, the suspended its rules at t~is time to allow simultaneous nomination/appointment of a member to serve on ~he ~etropelitan Riohmond convention and visitor's Bureau. Vote: Unanimous On motion of Mr. MoBale, seconded by M~. Berber, the Board simultaneously nominated/appointed The Honorable Whaley Colbert to serve on the ~etropolitan Richmond Co~ve~tio~ visitor's Bureau, whose term will be e~fectlve immediately and will expire December 31, 1994. Vote: Unanime=s ~.B, STREETLtGHT INSTALLATIO~ COST APPROVAL8 On motion s~ Mr. Me,ale, seconded by Mr. Warren, the Board approved the following streetlight installation cost approvals in ~ermuda Magisterial District: ~ Interseotion of Center street and Meridian Avenue No cost to install light. (DUe to s~fety concerns) * Meridian Avenue, vicinity of ISSl~ No cost te install light. (Due tn safety concerns) ADOPTION OF RESOLUTION ¢O~FIK~INg FKOCEEnlN~ OP EDUCaTIONaL TELECOMMUNICATIONS CORPORATION On motion of Mr. ~cHal~, seconded by Mr. Warren, the Board adopted the fallawing resolution: WHEREAS, the Industrial Development Authority of the County Of Chesterfield (the Authority) haE considered the applicatian of Central Virginia Educational Telecommunications Corporation (the Applicant), for the issuance of the Authorlty's revenue bonds in an amount not to e~ceed $1,~00,~Oa (th~ Bonds) to finance th~ ~qulpping of a ~ublic broadcasting facility (the Project) for the Applicant · n Chesterfield County, Virginia, ~nd ha~ held a public hearing thereon on January 4, 1994; and WHEREAS, the Authority has requested the Board of ~upervisor$ (the Board} o~ chesterfield caunty, virginia COunty), approve thc issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 19S6, as ~m=nded, (the Code); and ~REA~t a copy of the Authority's resolution (the Rs~olution) approving the issuance of =he Esnda, subjest to term~ to be agreed upon, a record of the public hearing and a "~isoal {mpaot ntatement" with re~pect ~o the Project have been filed with the Board; CHESTERFIELD COUNTY, VIRGINIA: 1. The Board hereby approved the issuance of the Bo~ds by the Authority for the benefit of the Applicant to the emtent required by section 147{f) of the Code, tn Del-~it the Authority to assist in the finanuing 0£ the Project. 2. Approval of the issuance of =he Bond~, as required by Section 147(f) of t~e Code, does not constitute an endorsement o~ the ~onds or the oreditworthine~ of the Appliaant~ but as ~equired by Sestio~ 15~1-1380 af the Cads a~ virginia of 1990, as amended, the Bonds shall provide ~hat neither the County nor the Authority shall be obligated to pay the Sends or the intares~ thereon or ether costs incident and neither the faith or credit nor the taxing power a= the its adoption. SET DATES FOR PUBLIC EE~RING~ OO~AITY OF GHE~T~FIELD, 1978. AS AME~q)EDo BY TO BOUNDARIE~ OF ~GISTERIAL DISTRICTS ~ VOTIN~ On ms. ion of Mr. ~cHale, ~conde~ by ~r. Warren~ th~ ~oard hearing to co.sider an ordinance to amend the Code of the County of Chesterfield, 1978, a~ amended, by ~m~nding and reenacting S~c=ion 7.1-2 relating to boundarieu of magisterial dist~ict~ and Votin~ pr~cinct~ and location of polling places. Vote: Unanimous 8.C.4.b. TO CONSIDER THE FY95 ENHANCEMENT PRO~ECTS On motion of Mr. ~=~ale, seconded by Mr. Warren, the Board set th~ da~e of February 9, 1994 at 7:00 p.m. for a public h~aring to con~ider the Virginia Department cf Transportation's FY95 E~ancement P~ojes~s. G.C.4.=. TO ¢ON~IDER ADOPTION OF A TRAMBITION PLaN UNDER TKE WITH DIS~TLTTIES ACT On motion of Mr. ~oHale, seconded by Mr. Warren, th~ Eoard set the date of February 9, 1994 ~ 7:OO ~.m. fur a 9ublic hearing to consider adoption of a transition plan under the Americans with Disabilities Act. RECOMMENDATION~ ZONING ORDINANCE A~E~D~ENTs RELATIVE TO T~E ENTERPRISE ZONE LOCAL INCE~IV~S On motion of ~r- Me,ale, seconded by Mr. Warren, the Board r~ferred to the Planning Co~mi~ion~ for their review and recommendation, an or~in~n~e to amend th~ Cod~ of the County of Chesterfield, 1978, as amended, by amending and reenacting Sections 21.1-17 and 21.1-2~U relating %0 e~terpri~e $one~. VOte: Unanimous $.C.6. AR~RO~rAL OF AKENDMENTS TO THE CEEZTER L~NDFILL REPAIR ~ SERVIGE GONTRAGT On motion of Fir. McHale, seconded by Mr. Warren, the Board approved amendments to the Chester Landfill Repair and service Contract, highlighted a~ follows: 1- The County will only terminate the contract for cause or failure to appropriats up to the d~te of the lust service paymont on June 15~ 2001. 2. If Virginia Bio-Fuels breaches the contract, a 9~ day cure period is provided for Bio-Fu~l~ or it~ Bond Trustee. 94-57 1/26/94 3. The County will have the right to terminate the Coat,act at any time and buy the improvements at fair market value a5 defined in ~he contrast in order to acquire the ability to secure federal methane power ~eneration ~ant pay~ent~ which reqnire ownership of the facility By the County. 4. The county will ex%en~ the contract from 3use 15, 2001 to December 31, 2006 without any additional service payments. The county may purchase the improvements at fair market value or for the lesser of the remaining less and terminated for any reason fro~ 2001 to 2006. 5. The County conveys a right of first refusal ts Virginia Bio-Fuels in the event the County decides to sell the landfill property. The property will be independently appraised =o determine fair m~rket value. If Virginia Bio-Fuels d~es not exercise its right of fi~t ~fuzal, the County will terminate t~e contract and ~ttrcha~e the facility for fair market value a~ defined in th~ contract. Vote: Unanimous ~NTO AN AGHEEMENT ~TH VIRGINIA DE~;~.%giE19~ OF TR;~W~ORTkTION FOR RI~T OF W~Y ~QUI~ITIO~ FOR ROUTE S~O WIDENING PROJECT, ROUT~ 288 TO ~ABBU~R POINTS P~KWAY On ~o~ion of ~. MoHalk, s~conded by ~. Warren, the ~oar4 authorized the County Administrator to em%er into a right-of- way acquisition agreement with t~e virginia Department cf Transportation (VDOT) for the Route 360 Widening Project, County Attorney7 authorized staff to take the necessary Route 360 right-of way; and appropriated up to $499,00~ i~ anticipated ~ei~u~nt~ f~om VDOT fo~ th~ ~ght-o~-way acquisition. (It is noted a copy of the R~ght-of-Wmy A~quisition Agreement is filed with the papers of this Board.) Vot~; Unanimou~ 8-C-S- REOUEST$ FOR BINGO/RAFFLE PER~ITS On motion of Fr. ~cHale~ ~aconded by Mr. Warren~ the Board approved raffle permits for ~ttriek ~lementary School, Virginia Deer Hunters Association; and South Richmond Rotary Club for calendar year 8.~.9. STATE RO~B Thim day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon hi~ ex~mination of the roads in Arbor Landinq, Section 3, Bermuda District, and Whereas, the Re&iden~ =ngiseer for the Virginia Department ef Transportation has advised the Director of Environmental ~ngin~ring, ~he ~reet(s} in Arbor Landing, section 3, Bermuda District, meet the requirements established by the ~ubdivl~ien Street Requirements of the Virginia Department of 94-5~ 1/26/94 %~hereas, the County and the virginia Department of Deed Book 24~3, Page 40~, January 21, ~g94, f~r all sto~wa~er de~ention/retention ~aeilities in the County. Therefore, uDcn consideration wheree~, and on motion of Mr. MoKale, seconded by Mr. Warren, it is resolved that the roadm in Arbor Land~ng, Section 3, Bermuda District, ba an~ they hereby are established as public roads. An~ be it further re=Dived, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary Symtem, pursuant to Zection 33.1-229, Code of Virginia, and the DeDartment's Subdivision street Requirements, ~ha following: Name of Street: Holly Ar~cr D~ive Length: .11 miles From: the inter~=ction of Route 1569 Gu~rant~ed Right-of-Way Width: 50 feet_ Name of Street: Oak Landing Drive Length: .06 mi!em From: th= intersection of Holly Arbor Drive TO: the cul-de-sac ~uarantead Right-of-Way Width: 50 feet. Name of Street: Eolly Arbor Court Length: .04 miles From: the intersection of ~lly Arbor Drive To: th~ cul-de-sac Guaranteed Right-Q£-Way width: ~0 From: the intersection of Route 1569 To: the cul-de-sac Guaranteed Right-of-Way Width: 5D feet. Na~e 0£ Street: Arbor View Terrace Length: .12 mile~ Prom: the ~nterse~tion of Route 1569 To: the cul-de-sac Guaranteed Righ%-of-Way Width: 50 feet. This request ie inclusive of the a~jacent slu~e, might distance, clear zone and designated Virginia Department of Transportation drainage easemen~ indicated on the This section of Arbor LaDding ~n recorded a~ follow~: Section 3, Plat Book 62, ~agem 48 ~ 49, August 1, This day the County E~vi~on~ntal Engin@er, in accordance with directions from ~his Board, made report in writing uDon his e~amination of the roads in Stcnebridge~ Section 4, Dale District, and ~llere~m, the Realdan~ ~ngineer £ur the virginia Department of Transportation ham advlmed the Director of ~nvironmental Engineering, thc street(~) in Stonebrifl~e~ Section 4~ Dale District, m~t th~ requlr.ment~ established by the Subdivision Street Requirements of the Virginia DeDartment of Trans~ortatlon, and 94-59 1126194 Whereas, the county and the virginia Departmenb of Tran~portatlon have entered into an agreement, recorded in Deed Book 2453, Page 4D5, January 21, 1994, fo~ all stormwatmr dotentian/Taten~Jon ~acJlltles in the County. Therefore, upon conmideration whereof, and on motion of Mr. KgHale, ~econded by Mr. Warren, it is resolved that the in Stonebr~dge, Section 4, Dale Distriot, be and they hereby are established as public roads. And be it further resslve~, that the Virginia Department of Transportation, be and ie hereby requested to take into the Secondary System, pursuant to Section ~.1-Z29, Code of Virginia, and the Depart~ent'~ $~bd~vi~icn Street Requirements, the following: Name of Street: Koufax Drive Length: .08 miles From: the end of ROUte 3951 TO: .03 miles west Of Kou£ax Court Guaranteed Right-of-Way Width: 50 feet. ~am~ of ~treet~ ~oufax Court Length: .15 miles From: the interse=tion o~ Kou~ax Drive Guaranteed Right-of-Way Width: 50 feet. This request i~ inclusive of the e~jacent sio~s, sight distance, el®ar ~one and designated Virginia Department of Transportation drainage easemsnt~ ~ndioate~ on the development plat. These roads serve 24 lots. This section of Stonebridge is recorded as follows: Section 4, Plat Book 75, Pages 81 & $2, ~uly 29, 1992. Unanimous This day the County Environmental Engineer, in accordance with ~i~actisns from this ~eard, made re~ort in writing upon his examination of the roads in Antler Ridge, Section 6, Matoaoa District, and Whereas, the Resident Engineer for ~he virginia Department Transportation has advised the Qirecto~ of Engineering, the street(~) in Antler Ridge, section Matoaca District, meet the r~quir~ments established by SUbdivision s~reet Re_~uirements of the virginia Department of Transportation, and Wherea~, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Dee~ Desk Z4~3, Page 40~, January ~1, 1994, for all stormwater dete~tio~/retention facilities in the County. Therefore, upon oonsideration whereof, and on motion of ~r. McHale, seconded by Mr. Warren, it is resolved that the roads in Antler Ridge, Seotion 6, Matoaca Die,riot, be and they knd b~ it further resolved, that the virginia Department Traneportation~ De and is hereby requested to take i~to the ~econda%7 System, pursuant ts seotien 33.1-229, code of Virginia, and the Department's Subdivision Street Requirements, the following: zt~ls4 Name cf Street: Kentucky Derby Drive L~ngth: .1~ miles From: the end of Route 4920 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Kentucky Derby Place Length: .05 mile~ From: the intersection cf Kentucky Derby Drive To: the cul-de-sac Guaranteed Right-of-Way Width: 4Q feet. Name of Street: Stallion Way Length: .10 miles From: the intersection of Kentucky Derby Drive To: the cul-de-sac Guaranteed Right-of-Way Width: S0 feet. ~ane of Street: Nashua Drive Length: .13 miles From: the intersection cf Stallion Way To: the dead end Guaranteed Right-of-Way Width: 50 feet. Name of Street: Nashua Court Length: .03 miles Prom: the intersection of Nashua Driv~ To: the cul-de-sac Guaranteed Right-of-Way Width; 6O ~eet. dis~ance~ clear zone and designated Virginia Department of Transportation drainag~ easements indicated on the development plat. These roads serve 43 lots. This section of Antler Ridge is recorded as follows: Section 6, Plat Book ?9, Page &~, Octobsr ~5, 199Z. Vote: Unanlmou~ Thi~ day th~ County E~viro~e~tal Engineer, in accordance with directlon~ from this Board, made report in writing upon his ~xamination of the roads in Deer Run, Eection 8, Matoaca District, and Whereas, the Residen~ =sgineer for the virginia De9ar=~en~ Transportation ha~ advised the Director of Environmental =ngine~ring, ~he ~tre=t(s) in Deer Run, Section Di~t~iet, meet the ~equirements established by the Subdivision Street Reauirements of the Virginia Department Transportation, and Wi%erbar, tbs County and the Virginia D~partmQnt of Transportation have sntered into an a~rsemen%, recorded in Deed Book ]453, Page 405, January 21, 1994, for all stormwater detentiun/r=tuntion facilities in the County. Therefore, upon consideration whereof~ and on motion of Mr. ~cHate, seconded by Mr. Warren, it is resolved that the roads in Deer Run, Section 8~ Mateaca Diotrict, b~ and they hereby are established as public roads. And b~ it further renolv~dr that ~he Virginia Department of Transportation, be and ie hereby requested to take into the ~econ~ary System, pursuant to section F3.1-229, Ce~e of Virginia, and the Dapartmuntrs Subdivision ~treet Name of ~tr~et: Chateaugay Lane Length: Prom: the end Of Route 4724 To: the dead end Guaranteed Right-of-Way Width: 50 feet. Name of Street: Pharlap Court Length: From: the intersection of Chateaugay Lane To: th~ cul-de-sac Guaranteed Right-of-Way width: 50 feet. Name of Street: Pharlap Turn Length: From: th~ int~r~ction of Chat~augay Lane TO: the cul-de-sac Guaranteed Right-of-Way Width: 50 feet. .lO miles miles .16 miles This rmq~mst is inclusiYm of fha adjmc~nt slope, mi~ht distance, clear zone and designated virginia Department of Tranaportation drainage easements indicated on the develo~Ymen~ plat. These roads serve 27 lots. Thi~ section of Deer Run is recorded a~ follow~: Section S, Plat Book 78, Pap~ 94, July 21, 1992. Vote: Unanimou~ ~his day th~ County Envirunmental Enginemr, in accordance with directions fro~ this Board, made repor~ in writing upon his examination of tho roads in Poplar creek, Section Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Enginemring, the mtrmet(s) in Poplar Creek, Section C, Me,ceca District, meet the requirements established by the Subdiviaion Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation hav~ ~nter~d into an agreement, r~oord~d in Deed Book 2453, Page 405, January 21, 1994, for all stor~w~ter dstention/r~tention facilities in the gounty. Therefore, upon consideration whereof, mud on motion of McHale, seconded by Mr. Wa~e~, it is ~esolved that th~ roads in Poplar Creek, Section C, Matoaca District, be and ~hay hereby are established as public roads. And be it further resolved, that the Virqinim Department of Transportation, be an~ is hereby requested to ~ke into the Secondary System, pur~ant to Section 33.1-229, Code of vlr~inia, and the Department's subdivision Stremt Requirements, th~ following: Na~e of Street: Laurel Top Drive Length: .ti miles From: the inter~ection of Rou~e 6051 TO: t~e end of Section C G~arenteed Right-of-way width: 50 feet. Name of Street: Millsids Terrace Length: .06 miles F~om~ the intersection of Laurel Top Drive TO: the cul-de-sac Guaranteed Right-of-Way Width: S0 f~et. 94-62 1/26f94 This request i~ inclusive of the adjacent slope, sight distance, clear zone and designated Virginia Department Of Tranmportation drainage easements indicated on thx development plat. These roads serve 15 lots. This section of PeDlar Creek is recorded as fellows: Section C, Plat Book 78, Page 98, September 1, 1992. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Boerd, made report in writing upon his examination of the roads in Peplar Creek, Section Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street(~) in Poplar Creek, Section D, Mateaca District, meet the requirements established by the Subdivis.i~..~tpeet Requirement% of the Virginia Department of Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded Deed Book 2453, Page 405, January 21, 1994, for ell stor~water detention/r~tention faeilitie~ iD the Therefore, upon uonsideratien whereof, and on moClon of McHule~ seconded by M~. Warren, it is resolved that ~he roads in Poplar Creek, Section D, Matoaea District, ~e and they hereby are e~tablished as public ~eade. And he it further resolved, that the Virginia Department of Transportation, De an~ is hereby raques~ to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and th~ Department's Subdivision Street Requirements, the following: Name of Street: Laurel Top Drive Length: .06 miles From: ~he end cf Laurel Top Drive, Section C To: the end of sestion D Guaran=eed Right-of-Way Width: 50 ~eet. Name of Street: Laurel ToD Court Length: .06 niles ~rom: the cul-de-sac To: .O1 niles west of the intersection of Laurel Top Drive GUaranteed ~ight-of-Way Width: 40 f~et- ~ame cf Street: Wil~on Wood Roa~ Length: .02 miles From: the inte~eetion of Lourel Top Drive To: .~ miles west of the inter, motion of Laurel Top Drive Guaranteed Right-of-way Width: 50 feet. This request is inclusive of the adjacent slope, ~iqht Transportation drainage easements indicated on the development plat. These reads serve 11 let~. This section ef Poplar Creek is recorded a~ follows: Sectio~ D, Plat Book 78, Page sg, september 1, 1992. Vote: Unanimous This day the County Environmental Engineer~ in with ~irecticns from tkis Board, made report in w~i~ing upon his examination of the roads in Amended Plat Winners Circle at Triple Crown, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advise~ the Director of EnYxronm~ntal Engineering, the street(s) in A~ended Plat Winners Circle et Triple Crown, ~atoaca District, meet the recluiromen~$ e~tablished bM th~ Subdivision Street Requiremey~tA Of V~rg~nia Department ~ Transportation, an~ Whereas, the County and the Virginia Department cf Transportation have entered into an agreement, ~eec~ded in Deed Book ~53, Pag~ 405, January 21, 1994, for all stormwater detention/retention facilities in the CO~ty. ThRrefore, upon consideration whereof, and on m~tio~ of McHale, Seconded ~y ~r. Warren, it is resulved t~at the roads in ~kmended Plat Winners Circle at Trlpl~ Crown~ Natoaca District, be sad they hereby are sstahllshed ae public roads, And be it further resolved, that the Virginia Department sf Transportation, b~ and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229~ Code of virginia, and ~he Department's subdivision Street Requirements, the following: Name of Street: Al~sheba Lane Length: .04 miles From: the intersection of Route 622 To: the intersection of Whirla~ay Drive Guaranteed ~ight-of-way Width: ~0 feet. ~ame of street: ~irlaway Drive Length: .41 miles To: the dead end Guaranteed Right-of-Way width: 50 fe~t. ~ame of ~treet: ~irlaway Trail Len~: .08 miles From: the inter~eotlon of ~irlaway Drive To: the cul-de-sac Guaranteed Right-of-Way Width: 50 Name of Street: ~irlaway Way Len~: .0S miles From: the intersection of ~irlaway Drive Guaranteed Right-of-way width: ~0 fee=. This request is inclusive of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transportation drainage easements indicated on the develo~ent plat. These roads ~erv~ &5 ~mded Plat Winner~ Circlm at T~iplm Crown fellows; Pl~t ~ook 79, Pages 40 & 41, October 10, 1992. Vote: Unanimous 1/26/94 F~%TOAOA P~RK PROM THOMAS H. AN~ MIlDReD M~_ P~T~ On motion of Mr. MCHale, seconded by Mr. Warren, the Board approved the purchase of a parcel Qf land, 13.5 acres more Or lees, adjacent to Matoaoa Park from Thomas H. Fate and Mildred M. Pate, for $4,~00 per acre, for ~uture ~xpan$ion Of the Park and authorized the County Administrator to execute the necessary contrast and deed. lit is noted said funds are available through the 198s Parks Bond and a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanimous 8.C.11. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FeD ACOUI$ITION OF A 0.61 A~E P~RGEL ~ NECESB~¥ On motion cf Mr. Mc~ele, ~e~o~de~ by Kr. Warren~ the Board authorized th~ ~oun=y Attorney to p~eceed with eminent ~omain for acquisition of a 0.61 acre parcel of proper~y from James Moody Williams and necessary easements for the Rho~ Lane Improvement Froject and a~erci~e right of entry pursuant to the County Adminigtrater ~c notiSy the owner by certifi=d ma~l on January 27, 1994, of th~ County'= intantion to tak~ possession of the land and easement. (It is noted u copy of the plat is f~led with th% papers of thi~ Board.) vote: FROM THOM~, ~. ~/~D ~5~L~ M. C~OWD~; ESTATE~ LLOYD T. AND LOIS ~..,,~OLBERT$ CRITCBER; ALTON L. ~ JOYCB A. TODD; On motion of ~r. McHale, ~econded by Mr. Warren, the Board accepted, on behalf of ~he county, th= conveyance of th~ following parcels and authorized the County Administrator to ~ex Acreaqe Thomas H. and Mar~ella M. Crowder 0,19 0.03 ~elcher Estate Lloyd T. and Loi~ B. Colb~r~ 0.14 Leland Crltcher 0.02 Alton L. an~ Joyce A. Todd 0.01 Charles W. smd Eva M. Normally 0.09 Fred G. Jr. and ~dith ~, sherrill 0.66 0.~g Vote: unanimous (It is noted a copy of the plats are filed with ~his Boar~.) the paDer~ o~ 94-65 8.O.~. APPROVAL TO USE UTILITY I~DUOEM~T FUNDS. NOT TO EXCEED $225,000, FOR T~B ~XT~N~ION O~ ~FATER AND SEWER LINES TO SERVE INDUSTRIAL PROPERTY LOCATED OFP WOODS EDQE ROAD ~ND WAIVE TRE REQUIREMENT OF THE COPY'S SHARE OF THE TOTAL COST NOT TO ~CEED 7~ PERCENT Mr. Daniel declared to the Board a potential oe~fliet of interest under the Virginia Conflict of In:crest Act 9or Item and Item ~.C.3. and ~xcu~ed himself from the meeting. On motion of F~r. Warren, seconded by ~4r. ~c~ale, the Board approved the use of Utility Inducement Fund~, not to exceed $~25,000, for the e~tension c£ water and sewer line~ to serve industrial property located off Wood~ Edge Road and to waive the requirement that the County's share of the total cast does not exceed 75 parc=hr. Ayes: ~r. Colbert, Mr. McHalu, Mr. ~arber, and Ff~. Warre~. Abse~ Mr. uaniel. 8.C.~. REOUEST TO INITIATE RE~ONINS APPLI~TION FOR A PARCEL approved a request to initiate a resorting aDplication for parcel identified by Tax ~ap Number 149-16(1) Parcel 6, specifically to rezone from A to I-2 (Case 94SN0142); Absent: ~_r. Daniel. ~r. oaniel returned to the meeting. There were no Eeeringe of Citizens on Unscheduled Matters or claims scheduled at this time. On motion of Mr. Warren, seConded by M~. MOHalk, t~ Board Mr. Ramsay present~ t~e Eoard with a re~ort cn ~ha develoDer water and ~wer contract~ ~×ecut~d by the County Administrator. Mr. Ramsay presented t~e Board ~i~h a status report on the General ~und Balance; Reserve for Future Ca~ital Preject~; District Read and s~reet Light Funds; Lease Purchases; and School Board Agenda. Mr. Ram~y ~tated the Virginia Department of Transportation has formally notified the Caunty sf the aeseptance cf the fc~lowlng road~ ~nto th~ State Secondary ~y~t~m: ADDITION~ Route 47~ (Branched Antler Drive) - From ~ile West Route 4743 to 8.14 ~ile West Route 4743 0.~l Mi 1126/94 ROUte 4747 (~rush Road) - From Route 4738 to Route ~7~8 0.06 Mi Route 4748 (Trophy Buck Court) - From 0.04 mile East Route 4747 to 0.05 mile West Rom~e 4747 VOte: U~animous 10.D. EXECUTIVE ~Eg~ION ~RgU~/4T TO SECTION 2.1-344(~) (7] CHESTERFIELD ~%ND POW~ATAN On motion uf Kr. McHale, seconded by Mr. Warren, the Board went into Executive Session pursuant to seotion 2.1-34~(A)(7) Code of Virginia, 1958, as amended, for consultation with legal counsel to discuss specific legal ~atte~s ~elated to the location of the ~oun~ary line De=ween C~es=er~ield and Powhatan. Vote: Unanimous Reconvening: On motion of Mr. MoHale, seconded by Mr, Barber, the Board adopted the following re~olaticn= WHEREAS, th% Board of Supervisors has this day adjourned into =xecutive sezsion in accordance with a formal vote of the Board and in accordance with fha provi~ion~ of the Virginia Freedom oS Information Aut; and WHER=A$, the virginia Freedom o~ Information Act effective July 1~ 1989 p~ovides fs~ certification that such Executive Session was conducted in conformity with law. NOW~ THEREFORE HE IT RE$OLVEO, the Soer~ of supervisors doom hereby certify that to th= best of each member's from open meeting requirements under the Freedom of which this certification applies, and Xi) only such public bu~ines~ matters as were identified in the Motion by which th~ Executive S~ssio~ was convened wpr~ heard, discussed, or considered by the Board. No member dissents from this certification. The Board beinq polled, the vote waa as follows: Mr. Warren : Aye. Mr. Daniel : Aye. Mr. Barber : Aye. Mr. MoHale : Aye. Mr. Colbert: Aye. Mr. Colbert stated prior to reuosslng £or dinner, the county Administrator, on behalf of the Board, would read a statement regardin~ House Bill 899 introduced by Delegate John Watkin~. 94-S7 X/26/~4 7 T 7 r · ~ear~ ef Supe~visqrs, regardinq House Bill 899 introduced by Deleqate Watkins relatinq te the Charter of the Richmond metrcDelltan ~overnment and which statement cites the importance cf regional cooperation and public/private unnecessary duplication and will place an additional financial burden on citizens; expresses concern about the Bill excluding Hanover County and the tri-citie~ area from General Assembly to provide resources necon~ary to help the region to continue to create regional opportunities at the local level. He then read into the record a portion of a letter from the President of the Richmond Metropolitan Chamber of Commerce, which lette~ Outlines the Chamber's viewpoint on the proposed legislation, Mr, Daniel stated the Board Gould adopt the statement as the Beard's official position and as public hearinqs are held, the Board ca~ authorize the Chairman of the Beard and staff te addre~ thc~e i~ue~ outlined in the legislation, He requested r-he Board to ccn~ider ex~anding the statement to include th= =ndoru~m=nt to allow the Chairman of the Board and staff to bring forth the necessary technical data during the public hearing process which shcwm the County prcvidus t~e broadest base services at minimum ~est and is accomplishing goals es outlined in the proposed Bill. Mr. Warren expressed concern relative to the manner in which the proposed Bill has been presented and in an effort to keep lines of communication open, he feels the statement should be communicated ~o the Delegates reDresentinq central Virqinia and all local elected officials. Mr- Daniel ~tate~ he feel~ the statement should al~o b~ communicated through eac~ supervi~or'~ con~tituent~ mailin~ Mr, McHale indicated he feel~ the proposed legislation should be placed on the aqanda of ~he ne~t Chief Elected Officers/ ~ief Administrative 0ffic~r~ meeting. ~r. Warren made a motion for t~e Board ~o au~orize ~he c~ai~man of the Board and the County Adminimtr~tur to represent the Board at public hearings regarding this legislution; to inst~ct staff to place the proposed legislation on ~ mgen~a of the next Chi~ Elected officers/ ~ief Administrative Officers meeting; for the Board to continue the proces~ of co~unicatin~ th~ importance of r~gional cooper~tlon; and to adopt the gtatement read into Z~. Daniel ~econd~d the motion. the proposed legislation ha~ b~n pr~nt~d and th~ position of the Board of su~ervisor~ on this i~ue. He stated he feel~ thc Chai~an of th~ Boar~ should m~t with D~legate Watkins t~ discuss the prop~d le~i~latlon 5nd the Beard should address th~ issue through cqmmunic~tion. ~r. Colbert c~lle~ for the vote on the motion made by Mr. the ~airman of the ~oard and the County Administrator to re~re~emt the Board at publi~ hearinqs regarding this l~gimlation; to instruct staff to place the proposed l~glslation ~n th~ a~anda of the ne~t chief Elected Officers/chief A~inlstratlve Officers m~eting; for the ~oard ~o continue the process of co~unicating t~e importance of 94-68 1/Z6/94 regional cooperation; and to adopt the fallowing · Regional leaders have long rsoagniznd"tha importanme of viewing each locality as a part of a larger metro Richmond region in order to make our area moro competitive economically, That is why we have pursued regional approaches in service areas such as the Airport~ economic development, tourism, public safety, and many other areas, Additionally, because of that regional emphasis we expect to announce within the next week a major partnership between the public and the private ~ector~ that will go a long way dev~lo~nt in both the domestic and international markets. While Delegate Watkins~ legislation com~ as a eemplet~ surprise, it demonstrates that we ere all thinking in terms of the untapped potential of the metro Richmond region. The major difference between Chesterfield's approach and the Watkins' Bill is that our efforts always focus on accomplishing this goal at the least possible cost ~o the creating an additional new layer of government a~ proposed in Delegate Working' legislation will provide unnecessary duplication and will place an additional financial burden on our oiti~ens. county and the Tri-cities area. Tra~itionally, Hanover has running. Wa also believe ~ha Bill ignores the Tri-cities area; an area important to Central Virginia and significant to Chesterfield because of our long and historic economic tics to th~ Tri-Citi~ ar~a, Th~ Watkins~ Bill will end our regional efforts with these localities~ particularly Petersburg, and will negatively impact an already is the impact that an additional new layer of ~overnmant will have on them. Our cost par capita of government is the lowest in the r~gion~ we have the lowest per pupil expenditure of the three school systems; and our Utility rates are also tho lowest i~ the area. it is unquestionably and will drive =hess costs up. our residents want government that is accountable to them and is closest to th= people. will isolate citizens from elected officials and experience has taught us that fade=at, state, and regional While Delegate Watkins indicet~ that his legislation "give~ us a place to start,'~ our past o~fmrte at regional initiatives demonstrates that many areas have already been addressed cn a reglcnal level. We see the upcoming which should jumpstart an ambitious economic development the answer. We favor mechanisms that promote cooperative, constructive, win-win ~olution~ for eitiz~n~ of this region without the burden of a oo~tly new government, The~efore~ we encourage the General Assembly to provide the opportunities a~ the local level. 94-69 1/26/94 Chesterfield has lonq demonstrated leadership in dealing with regional ieaues and etands ready to make our regional vision for the Richmond metro area a priority and & reality-" vo2e: Unanimous from the President of the Richmond ~etropolitan Chamber of It was g~nerally agreed to recess to the Adminiet~atio~ Buildin~ Room 502, for dinner. Mr. Col~ert introduoe~ Revezend ~ill $outh~r~ ~astor of We~blo Troop 876 led the Pledge of Allegiance to the Fla~ Of th~ United States of America. There were no Re~olutionc and Special Recognitions scheduled at this tim~. There w~re no Fublic ~earings scheduled at this time. REQUESTS FOR REPONIN~ Afte~ brief discussion, it was generally agreed to move Case 94SN0124 un,er the consent agenda. In Midluthian ~agisterial District, READ F. GUUD~, 2~). A single ~amily residential ~ubdivision having ~nximu~ density of one (1) ~welling unit per gross acr~ planned. The Comprehensive Plan ~esignates the ~roper%y fer r~idential use of ~-00 units per acre or less_ This requeet lies on 33.5 acres fronting appro×ima~ely 1,2QQ feet on the west li~e cf Huguenot Springs Road, approximately 3,600 feet nor=~ of Midlot~ian Turnpike. TaR Map 6 (1) Parcels 2 and 3 (She®ts i and 6). ~r. Jacobmon presented a ~u~mary o~ C~se 945N0141 a~d stated the ~lanning Commission amd etaff recorlmen~ approval acceptance of the proffered conditions. ~e noted the request ccn~orms te the Umoer swift Creek Plan. Mr. Jim Hayes, representing the applicant, stated the recommendation was acceptable. There was opposition present. Mr. Colbert stated since ther~ was opposition to th~ r~quest, it would be placed in its regular sequence on the agenda. 94g~0~£~ in Clov~ Hill Magisterial Dist~ict~ ~BS HOLDING~ LTD. requested rezoning from Agricultural (A) to Residential (R- 15]. A mingle family residential subdivision with a minimUm le~ size of 15,O~0 sq%~are feet is planned. Residential use of up to 2.90 units p~r acre is permitted in a Residential (R-15) D~sbrict. The Comprehensive ~lan ~esigna~es the property for residential use of 1.51 to 4.00 units per acre. This request lies on 7.8 acres fronting approximately 15 feet on the south lin~ of W~st Providence Road, approximately 150 feet east of Adklns Road. Tax Map 3S-8 (1) Parcel S6 and Tax ~ap 38-12 (1) Parcel §0 (Sheet 14)- M~. Jacobson presented a summary of Case 94SN0150 and stated the Planning Commission a~d staff recorm~e~ds approval acceptance of the proffered conditions. He noted the request conforms to the Northern Area L~nd Use and Transeartation Plan. ~r. George Sowers, representing the applicant, state~ the recommendation wa~ ~cccptabl~. There was ne present. on motion of Mr. Warren, aeoonded by ~r. ~c~ale, ~he board approved Case 94~N01~0 and accepted the following proffered conditions: 1. The applicant, subdivider or assignee(s) shall pay to the County of Chesterfield prior to the time of building permit application for infrastructure improvements within the ~ervic~ district for the property: a. $5,045 p~r le~, if paid on or prior to Jun~ 30, 1994; or b. The amount approved by the Board of Supervisors not to exceed $~,043 per lot adjusted upward by any increase in the Marshall and Swift Building Cost ln~ex bctwemn July 1, 1993, and July 1 of the fiscal year in which the payment is made ~f paid after J~ne 30, 1994. Public sewer and wa~er shall be utilized. At the time of recordation of the first subdivision plat, forty-five (45) feet of right of way on th= mouth side of Providence Road, meamured from ~he cen~erline that part of Providence Road i~mmdiately adjacent to the property, shall be dedicated, free and unrestrlct~d, to and for the benefit of Chesterfield County. ~rior to or in ~onjunctlon wi~h the filing of each subdivision plat of the pr0Derty, the developer shall record restrictive covenants which at a minimum shall in~lude the following. NOW, THEREFORE, the Owner does hereby declare that said pro~er~y is to be held, owned, conveyed, used and occupied subject to the following restrictive covenants which shall run with ~he land. This declaration cf restrictions do~s not abrcg~t~ any local, state or federal 1. No building, structure, outbuilding, fence, wall or imprevement of any nature whatsoever (except for interior alter~ti0~ to ~xisting structure~ not affecting the external ~trncture or appearance ef any ~mprnvement on any portion e~ the Property) shall be 94-71 1/26/94 ........... .~1 L _L - L I L ~ oenstructe~ on the Property unless and until the plane for such construction shall have been approved in writing by the Arshiteotural Control committee [the "Committee"). The plans submitted to ~he Committee for approval shall include (i) the construction plan~ and specifications, including all proposed landscaping and grading and (ii) a plat showing the location of all proposed improvements. No construction shall begin an no portion of the property shall b= graded except in accordance with such approved plans o~ a modification thereof that has al~o been approved by the co~n~ittee pursuant to separate application therefore. Ne plans for a p~i~ary tws-story dwelling shall be approved unless the living area of such dwelling, exclusive of one-story open porches and ~arages, shall not be less than 2,200 square feet. The minimum square footage of one-story dwellings shall not be les~ 2,000 square feet, Approval by the Committee shall be based upon compliance with the provisions of this Declaration, the quality of workmanship an~ materials, harmony of external ~eeign with ~urrounding structures, location of improvements with respect tu topography and finished grade elevations, the eff~et of the oo~st~uotio~ o~ the outlook fro~ surroundin~ portions of the Property, effect of the propos=d ccn~truction on the natural tree ~rowt~ an~ vegetation and all o=~er faetor~ which in sole opinion of the Committee will affect the ~esirabili~y or suitability of the proposed improvements. 4- Approval or disapproval cf applications to the Comnuittee shall bs given to the applicant in writing within fifteen (1~) days of receipt thereof, in the event the approval or disapproval is net forthcoming within fifteen (15) days, unless an extension is agreed to by the applicant in writing. ~he application shall be ~e~me~ approved and the construction of the applied for improvements may be commenced provided that all such construction is in accordance with the submitted plans and provided further that all such construction is in accordance with the submitted plans and provided further that such plans conform in all respects to the other terms and provisions of the Declaration. ~. Approval by the Committee shall not constitute a basis for liability of the ~ember~ of t~o Conmi~tee~ the Committee or the owner 9or any reason including without limitation: (i) failure of the plan~ to conform to any applicable building oodem or [ii) inadequacy or deficiency in the plans resulting in defects in the imp~ov~ment~, 6. The committee shall cen~et of tl~r~e (3} persons. The in~tial Committee me~%~er~ shall be These members may be removed by ~he Owner with or without cause and all successors shall be appointed by the Owner as long as =he o%rner has em ownership interest in the Property and thereaft%~ am t~s owne~m of portions of the sroperty shall determine amon~ themselves. The CoT~itte~ members shall not be entitled to any compensation for their activities ~creunder. The Committee may designate a representative to act in itm behalf and such representative shall not be entitled to compensation for his activities hereunder. The architectural guidelines for Be~lsy West are attached hereto as ~xhibit "A". ~he authority o£ the Committee her~nnder, its prooedure and make-up may be modified or abrogated by duly recorded instrument executed by owner~ of eighty percent (80%) of the lots created on the Property, except as to 8. NO 10t shown on a plat of subdivision of the Property (~Lot~) ~hall be u~ed ~×c~pt for ~i~gls family residential purposes amd for purposes incidental thereto, except for model homes utilized by builders. 0sly one residence shall be constructed On a Lot; provided, however, that outbuildings and other improvements may be constructed if approved by the Committee as herein before provided. 9. No sign of any kind ehmll be displayed to the ~ublio view On any Lot except one sign of not ~ore than six square feet advertlslnq the Lot for sale or signs used by a builder to advertise the Lot during the construction and sole period. 10. Ail mailboxes shall be of a standard design wi~h a 6 ~ 6 post. Mailboxes shall be purchased through the Committee. 11. NO trailer, tent, shack, garage~ barn er other ou=buildinq~ erected on any Lot shall at any time be used as a residence, temporarily or permanently~ nor ~hall any ~tructure of a temporary ehauaoter be used as a residence; provided~ however~ that ~his clause net be construed to prevent servants' quarters being installed over a detached garage or other outbuildingm Constructed with the hereina£t~r required approval the Committee. a helgh= of five (5) feet or mere shall be parked over twelve (12) hours in any one wa=k on any Lot, including any driveway, so as =o ~e visible from any 13. No animals, lives=cch, or poultry of any ~ind shall be raised, bred, or kept on any Lot, except that dogs, (i) they are not raised, bred or kept for commercial purposes and (ii) they shall not become an annoyance or 14. No obnoxious or offensive activity shall be carried on or allowed upon any portion of the Property, nor shall anything b~ done therQcn that may b~ or b~aoN~ a 15. No Lot shall be used or maintained as a dumping ground £cr rubbish, trash, garbage or othe~ waste shall not be kept except in sanitary ~ontainers maintained i~ a neat and orderly manner. All incinerators or other equipment kept in m clean and sanitary condition in rear yards only~ 16. No lot muy be subdivided ultered, or modifi~d accept as provided on the subdivision ~la~(e} recorded and to be recorded in connection with the development of the Property except that if no Lots shown on any such plat hav~ been sold, the Owner may ~odify ~ame by duly recorded instrument. 17. Each lot shall be maintained frae of tall grass, free cf any condition that would decrease the attractiveness of the Preperty, No cars or other vehicles not in good running order and condition shall be permitted to re,&in on & Let except in a garage. All buildings un a Lot shall be maintained in good condition and appearance. 100 square feat shall ~e permitted un the Property. 19. NO more than two unrelated persons shall occupy uny dwelling on a Lot other than temporary No vehicle shall ba parked overnight On any of the streets within the Property. 21, All driveways and sat-back lines shall be subject ~o =he approval of th~ Committee. Ail exposed foundations Of ~ingle family residences constructed on the P~aperty ~hall ba of brick, stone, or Tbs color of all improvements on the Propurty shall be subject to th= approval of the Co~u~it~ee. ~nforcement. Enforcement shall b= by proceedings a~ law or in equity, either to restrain violation or to damaga~, against any person or persons violatin~ or attempting to vlolu~e any covenant or restriction set forth herein. Failure of any party with an interest in the PrOperty 5o enforce any covenant or restriction herein contained for any period of time shall in no event be deemed a waiver sr ~stoppel of the right Sever~bilitv. Invalidation of any of the provisions hereof by judgment or court order shall in ne way any of the other provisions shall remain in full force and effect. 26. Duration. These provisions are to run with the land and ohall be binding on all parties owning portions of the Property and all Derpons olaiminq under them for a period of thirty (~o) years ~rom the ~ate this shall be automatically extended for additional periods of ten ti01 years each unlemm an instrument signed by majority of ~he then owners of LOts has been recorded. 27. Amendment. This Declaration may b~ modified sr amended by d~ly recorded instrument siqnad by eighty percent tS0%) cf the then owners of the Lots and the Owner, as long as it retains any interest in the Property, unless specifically prohibited herein. EXBIBIT "A" ARCHITECTURAL GUIDELINES BEXLEY WEST SECTION 4 1. A complete set o~ plans including ~ront. side end rear elevations with appropriate detail will re~uirad to be submitted ts the Archltactural Control Committee. 94-74 1/26/94 2. simple massing and "clean" designa are daaired. 3. Two story houses to have a m~nimu~ cf 2,200 square feet of area. One story houses to have a minimum of 2,000 square feet of area. 4. Houses to have a minimu~ setback of forty (40) feet from the front property line and fifteen (15) feet from tho sidelines. 5. All rear docks with street exposure to have (iS) inch brisk pie~s ~ no wood. 6. P~=ch on roof on all traditional two story houses be no less than eight (S) to twelve ?. Roof rafters on traditionnl houses are to ba ~et on a 2' x 4' plate that will sit on the ceiling joist. 8. Windows on traditional ts have at least nine (9) over mine (9} panes on the front. (brown) aluminum. Ail garages no less than ~0' x ~'. Ail chimneys exposed 'from the ~round up on foo~ above ridge line and a minimum ~our (4) foot mrick. All roofs to be cedar shake, slate or hendrix tile. 14. All exterior wood ~tepa must have closed risers. Ail hemes =e incorporate a minimum landscape allowance (planting) of $1,000 to include treated timbers, shrubs~ mulch, etc. Vote: ~nanimou$ ~4SN0151 Business (B-2) and General Business (B-3) to General Business (C-5). General commercial uses are planned. The density of such amendment will be controlled by zoning conditions or ordinance standards. The ccmpreheneive Plan designates ~he property for general commercial use. This request lies on Read. Tax Map 82-1 (1) Parcels ~0 and 41 (Sheet Plan. Mr. Eric H. Leach, O~a Of the apDIicants, stated the reeommendatien was ac¢~ptabl~- Th~r~ wa~ no opposition present. On motion of Mr. ~cKale, seconded by Mr. Barber, the Board approved case 94sB0151. Vote: Unanimeus In ~atcaca ~agis~erial District, R~CHI4OND CELLULA~ CO}[P~Y requested a Conditional Use Planned Developnent to ~ermit a 180 foot communications tower and setback exceptions in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions Or 0r~inance standards. The Comprehensive Plan d~signates t~e property for light commercial u~e. This ~squest lies on a 1.7 acre parcel fronting approximately 44~ feet on the south line of Route 288, also fronting approximately 317 feet on the west line of Newbys Bridge Road, approximately 550 feet west of Courthouse Road. Ta~ ~aD 78-1 (]) Parcel 2 Hr. Jacobsen presented a suau~ary of Cas~ 94~01~ and stated the Planning Commission and staff recommends approval subject to ecnditiens. He noted the request conforms to the Northern Aras Land Use and Trans~O~tatio~ Mr. Jack Wilson, representing the applicant, ~tate~ the ~co~endation ~as acceptable. There was no opposition present. On ~otion of M~. Colb~rt~ ~cond~d by Mr. McHale~ the Boar~ approved Case 94SN0152 s~ject to the following conditioas: 1. There shall be no signs permitted to identify this use. Th~ base of the tower shall b~ enclosed by a minimum The fence ~hall be placed so as to provide suffiaient room between the fence and pruper~y line to acco~odate evergreen plantlng~ hav~ng an ~nitla5 h~ight and spacing equipment building from the adjacent properties to the depicting this requir~en% ~hall be submitted to the final sit~ plan review. 3. ~rior to relea~ of a buil~xng pe~it ~or the to~r, a copy of F~ approval ~hall be ~ubnitted to the Plannin~ Department. (P) 4. The tower and equipment shall be designed and installed so as not to interfere with the chesterfield county Public Safety T~nked System. ~e d~veloper shall perfo~ an engineering ~tudy to de~e~ine the possibility of radio frequ~noy interference ~ith ~h~ county system. Prior to release of a building pe~it, the study shall b~ sub~itte~ to, an~ approved by, the Chesterfield County co~unioation~ and Electronics ~taff, 94-76 i/2~/94 frequency problems which affect the~Chest~rfield County Public Safety Trunked System caused by this use. Such corrections shall be made im~edlately upon notification by the chesterfield county Communications and Electronics staff. (Ge) The color and lighting system for the tower shall be as acceptable to the Planning Department. b. Medium intensity strobe lights with upward reflection may be used during daylight c- If thc tower i~ lighted during night-time hours, only soft blinking red lights shall be used. 7. All driveways and parking areas shall be gravelled er paved and maintained to minimize dust problems and 8. Any bnilding or mechanical equipment shall comply with architectural treatment of building exteriors and screening of mechanical equipment. (NOTE: This condition would require the screening of m=chanical equipment locuted on the building or ground from ad3aesnt properties and public rights of way. moun~ed e~aipment.} following eXCeptions shall be granted: a. Thirty (30) foot exception tc the 150 foot height Thirty (30) lost exception to the fifty (5~) foot rear yard setback requirement. Vote: 948N0124 I~ Clove~ ~ill ~agiete~ial District, LUCKS L~N~ AS~OCZATES requested rezoning from ~eiqhborhood Office (0-1) and Neighborhood B~i~e~s (C-2) With COnditional U~e and Conditional Use Planned Development to Neighborhood 0£fie~ (0-1) and Neighborhood Business (C-2) with Conditional Use and Conditional Use Planned Development. A shep~in~ center with a fa~t food re~ta~ra~t and a ~e~or vehicle wash in conjunction with a convenience store with gasoline sales and office uses are planned. Office and cora~ercial uses of up to 5,000 square feet per acre a~e pe~itted in a NeighDerhood Office (o-l) District. The density of the amendment ~n the Neighborhood Business (c-2) tree= will be controlled by zoning ¢ondit&ons or Ordinance standards. The Comprehensive Plan designates the property for residential uae of 1.51 to ~.0 unit~ per acre. Thi~ r~que~t lie~ on a total of ~2.84 acres fronting approximately 280 feet on the west l~ne of also fronting approximately i~00 f~et on the north line of L~cks Lane, approximately 3D0 feet west of Courthouse Road. Tax MaD 38-2 (i) Parcels 15 throUqh 21, Parcel 32 and Part of Parcel 22 (Sheets 8 and 14). 94-77 Mr. Jacobsen presented a summary of Case 948N0124 and stated th~ Planning Commission and staff recommends approval and acceptance of the proffered conditions. Ee noted while the request does not conform to the Powkite/Rsute 288 Area Land Use and Transportation Plan, which designates the request property and surrounding area for medium density residential use, the request property is currently zoned for a mix of office and commercial uses, Michael Kelly, Esquire~ representing the applicant, stated the recommendation was acceptable. There wa~ no opposition present. On motion of ~Ir. Warren, seconded by Mr. Daniel, the Board approved Case 94SN0124 and accepted the following proffered conditions: Public water/wastewater systems shall be used. 2. Prior to any land disturbing activity, an overall site plan shall be submitted to, and approved by, Environmental Engineering and all afl-site easements shall be obtained. 3. If any runoff from impervious areas drains threugh the adjacent off-site pond to the we~t, the Deed shall bs analyzed. Either improvoment~, if deemed necessary, shall be muds to the dam and pond based on present day criteria o~ an on-site fa¢ili=y shall be designed having a release rate equivalent to existing runoff for a two (Z) year storm. 4. Additional pavement an~ uurP an~ guttmr shall constructed along Courthouse Road and Lucks Lane at each approved acce~ to provide a right turn lane. 5. ACCESS tO Lucks Lane ~hall be li~ted to throe (3) ontrancos/e~tn: on~ (1] access located towards the eastern property line, one (1) access located approximately in tho center of the property frontage, ss generally shown on the Master Plan, and one (1} located towards the western property linc. Tho located towards t~e eastern property line and the western proper~y line shall be designed and constructed as right-in/right-out only. The access located approximately in the center of the property frontage shall be no elomsr than 8~5 feet from the surveyed centarline o~ Courthouse ~oad to the centerline of the a~p~oved c~ossove~. The access located approximately in =he center of tee proper=y frontage shall be designed and constr~eted as a public road wit~ a three (3} lane ~ypieal section (i.e., one (1) northbound lane an~ two (2) southbound lanes) at its intersection with Leeks Lane. Prior to any site plan approval, a sixty foot wide right of way from Lucks Lane to the northern propar~y line shall be dedicated, ~ree and unrestricted, to and for the benefit of Chesterfield County. The exact allgnment of the pu~llc road and the lucation of the accesses onto Lucks Lane shall be approved by the Transportation Depart-nest. 6. If e ere~ever is approved ~y VDQT an~ T~a~po~taticn Depa~t~eht slung LuCkS Lane adjacent to ~he si%o, the developer snell De responsible for: construction of the approved crossover; 2) construction of a left-turn lane for both eastbound and westbound approaches; 9) full cost of a traffic ~ignal at the approved crossover if w:rranted by traffic along Lucks Lane and ~ite generate4 traffic; an~ 4) dedication to Chesterfield Ceunty, free and unreetrlcted, of any right of way required for the improYement~ identified i~ this proffer. 7. Prior to ~ite plan approval, acce~ eaeement(~), acceptable to the Transportation Department, shall be recorded to ~erve Parcel 3 on Tax ~ap 38-2 (1). The exact location of this access easement(s) ~hall be approved by the Trenspsrtation Department. A fifty (50) foot buffer shall be raqnlred on the property adjacent tc any Agricultural (A) zoned property except adjacent to the fast food restaurant where a seventy-five (75) foot buffer shall be required. A forty (40) foot buffer shall be required on the 0-1 property adjacent to any Agricultural (A) property. Thegn buff~r~ ~hall comply with the Zoning Ordinanoet Se=tlons 21.1-226 through 21.1-228. 9. All buildings shall be ~onstructed in ~olonlal style with facades of standard size red brick. Quoins of contrasting red brick oelors shall be provided around doors, window~ and building corners. Colonial ~yle building= shall have "hipped" or gable end "A" roof=. Any building larger ~han 1O,000 square feet or any building which is initially constructed and ~pe~ated for restaurant uss may substitute mansard roof deaign elevations. Any building initially constructed and initially operated for restaurant use which employs mansard roof design ~hall have a roof pitch and height propurtioeal to the building similar to the Restaurant within Village Marketplace ~hopping Center. Roof covering shall oonsis~ cf slate er simulated slate. service station shall provide canopy covere~ gas The gas ~anopy shall r~eeivs the same design treatment as the roof of the convenience store or gasoline service station building. Any motor vehicle wash building shall be oriented and designed to miniRizs views into the building through any overhead accem~ door. 10. The C~ property shall be developed as a shopping center which may include one (1) fast food restaurant to be located along Courthouse Road and one (1) motor vehicle wash aa part of a convenience c~nt~r facility with gasoline ~ales to be located along Luck~ Lane, and other pad site uses as permitted or restricted in the District. ~rovlded~ however, that any motor vehicle wash located on the westernmost pad site shall be locatod to th~ north or oa~t of th~ convonionce facility principal structure. 11. Site plan~ ~hall be ~ubmitted to the Planning Commission for review an~ approval. 12. The Plan prepared by Koontz, Faris and Bryant, dated October ~7, 1993, as amended by Edward E. Willey, Jr., on November 2, 1993, shall be considered the ~aster Plan. Vote: Unanimous 94-~9 In Midlothian Magisterial District, READ F. GOODS, TRUSTEE requested rezoning from Agricultural (A) to Residential (R- 2~). A aing!e family residential subdivision having maximum density of one (1) dwelling unit per gross acrs is planned, The Comprehensive Plan designates the property for residential use of t.00 ~nits per aare or less. This request lies on 33.5 acres fronting approximately 1,200 feet on the west line of Huguenot Springs Road, approximately 3,600 feet north of Midlothian Turnpike. Tax Map 6 (1] Parcels 2 and (Sheets 1 and 6). ~Lr. Jacobsen presented a summary of Case 94S~0141 and stated the Planning Co~issieD and staff recommends approval and acceptance of the proffered conditions. He noted the request conforms to the Upper swift creek Plan, ~e further stated Proffered Condition Number 7 was Submitted ~ubsequent to th~ Plann±ng Cs~t~ission's consideration of the request. Mr. Jim Hayes, representing the applicant, stated the ~r. Ceorge Beadles expressed concerns relative to Proffered condition Number ? as it relates to the stub road and the stub road being a no lot frontage an~ Powhatan County not On motion of Mr. Burber, seconded by Mr. HcHale, the Boa~d approved Case 94SN0141 and accepted the following pmoffered conditiene: 1. The applicant, subdivider, or assignee{s) shall pay the time of building permit ~pplic~tion for infrastructure i~provemente within the service district for the property: a) $5,S43.00 per lot, if paid on or pri~r tc Jun= 30, b) The amount approved by the Hoard cf Supervisors to exceed $~,04~.00 per lo% adjusted upwar~ by any after Suns )0, 1994, The public water system ~hall be used, D~velcpmen% shall be limited to a maximum of 1.00 dwelling unit per ~romm acre. plat, fort,-five (48) feet o~ right of way on the w~st side of He. snot springs Road measured from centerline of that 9~rt of Huguenot springs Road i~ediately adjacent to the property shell be dcdicutad, ~=sterfield County. (1) public read. ~e developer shall be responsibl~ for relocation of the ditch to provide adequate shoulders along the west 1/26/94 to the residue property in Pewhatan County shall De dedicated! free and ~restrioted, to and for th~ benefit of Chesterfield County. No road shall be cons%rusted within this ~ight of way without approval of the Chesterfield County Board of Supervisors. Re other access shall be provided to property locatsd in Powhatan County through the subject property. In Bermuda Kagisterial District, B~EY MCL~H~%N requested Conditional Use to permit outdoor recreatiomal faci]iti%s for boat slips and a boat ramp in an Agrioultural (A) Die,riot. The density of such amendment will be controlled by zoning conditions er Ordinance standards. The Comprehensive Plan designates the property for residential u~o of 1.50 ~nit~ per ~ead, approximately 2,7QO feet west of Point of Reeks Road. Ta~ MaD 595-19 (~) Cameron Farms, Part of Lot 62 and Tax Map the Planning Commission recommends denial and staff reco~mmends approval subject to the applicant ad~ressing transportation impacts. He noted transportation is~ue~ had hearing, however, since that time, two proffered ~onditisna -- Number ~ and Number ~ -- hav~ r~¢~ntly been ~ubmitted whioh comply with ~taff's original recommendation. ~tr. Barney Mebaughin stated the recommendation was · c~eptable. ~e inquired as to the wording of "a guest" Jacobsen stated the wor~ing originated fro~ language submitted to staff by the applicant and staff interprets the submitted. conditional us~ similar ~o iris should require pe~i~s being obtained from th~ Uirginia ~rine Resources Co~ission prior crossover dates by the County and the Commission and ~tat~d he feels in the future if someone requires a permit from an agency other than ~he ~oard ~f Supervisors, that it be part of the conditional use that these permits are received prior to considexatio~ of th~ request by the Board of supervisors. u~a~f's recommendation, thurefore, he feel~ the ~roffered ~. McHal= then made a motion, st=ended by Mr. Warren, for ~rior to the meeting: 94-$i 1/26/94 1. The use of this outdoor recreational facility shall be limited to the property owner, or a guest of a property owner if the property owner i~ present, of the property currently designated as Lot ~ in Section 1 of the River's Crest Subdivision and Lets 59 through 63 in the Cameron Farms Subdivision. 2. Prior to issuance of any building permit for any portion of the property currently designated as Lots 6G through 63 in the Cameron Farm~ Subdivision, Riverview Drive from Enon Church Road to River¥iew Court, and Riverview Court from Riverview Drive to the approved ~ecreatlonal fac~llty access, shall be upgraded to VDOT standards for acceptance into the Stat~ secondary system, or an adequate bend or other surety acceptable to the Transportation Department ~hall be provided. Vote: Unanimous On motion of Mr. McHale, seconded ~y Mr. Warren, tho ~oard approv~ Cas~ 9BSNO133 subject to the followin~ condition: Prior to utilizing this facility, the driveway shall h~ primed and double sealed from its terminus at the Port walthall channel of the Appomattox River to a point 151.5 fuet from its intersection wit~ Rive~view Court. (EE) (WOT~: Prior tc utilizing this facility, site plans must be su~mit%cd ~or review and approval.) And, further, the Boar~ aeoe~ted the following p~offe~ed conditions: 1. The use of this outdoor recreational facility flhall be limited to the property owner, or a guest of a property owner! if th~ property owner is present, of the property currehtly designated as Lob ~ in Section 1 of the River's Crest Subdivision ~nd Lots 59 through 63 in thx Cameron Farms Subdivision. Prior to issuance of any building permit for any portion of the p~op~rty currently designated a~ Lot~ 60 through 63 in the Cameron Farms Subdivision, Riverview Drive ~rom Enen church Road to Rivsrview Court, and Riverview Court from River~iew Drive to the approved reoreatio~al facility access, shall be upgraded :o VDOT standards for acceptance into the State secondary syste~, or an adequate bond or other surety acceptable to the Trunsportation Department shall be ~rovided. Vote: Unanimous 9~$~147 (Amended) In Bermuda Magisterial District, T~J, INC. requested Conditional Use to peFmit outdoor recreational facilities in Agricultural (A), Residential (R-7), Residential (R-9) and Residential (R~12) Districts, plUu proffered conditions on the Residential (R-7), Residential (R-9) and Residential (~- 12) tracts to add, ess residential development. T~e density of such amend~en~ will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates the property for ~esidential use s~ 1.01 to 2.$ units per acre, neighborhood con,martial and natural conservation. Thi~ request lies on 104.33 acres fronting approximately 1,795 feet on the west line of Ch~ter Road, acro~ from ~amlin Avenue, also lying approximately 3,900 feet cn the east line and approx±~ately 2,800 f~et ~n the we~t line of the CSX 94-82 1/25/94 Railway rlqht cf way, ~nd lying at the southern terminus of Contrails station. Tax Map 97-6 (1) Parcels 4 and 60; Tax stated the Planning Conn~immion and staff race--ends approval and acceptance of Proffered Conditions 1 ~hreugh 17; 19 through 23~ and 25 through 29 and that Proffered Conditions 18 and ~ not ~e aco~pted. He noted the request generally compliez wit~ the Chester Villa~ Plan. He further t~e applisant resently has submitted e proffered condition in limu of Proffered Condxtion 23 and stated the dlf~eren~a is that Proffered Condition 23, as accepted by the Planning Commission, restricted the residential development on ~he western portion of the property to 120 dwelling unitg and the new proffered condition requests 135 dwellin~ units. Mr. McH~le stated staff has no: ha~ the opportunity to review the proffered condition recently submitted an~ made a motion for the Board to defer Case 93MN0~47 until February 23, 1994 to allow further review. Y~r. Daniel seconded the motion. Mr~ ~_ E- Miles stated h~ ±~ not opposed to th~ request in its entirety but hem several conoerns relative tm issues regarding Hopkins Road extension and safety concerns; impact the HoDkin~ Road extension will ha~e on his dev&lopm~nt if the im~u~ is not re~olved; the impact the n~c~ary right-of-way along ~opkin~ Roa~; and the request identifying i~s intent to either develop a subdivision or golf course. He indicated he is in favor of th~ deferral, Mr. Jay Waddill, representing the applicant, stated he is in agreement with the thirty-day deferral. Mr. Colbert called for the vote on t~ motion made by McK~le, seconded by Mr. Qaniel, for t~e ~eard to defer Case 93SN0147 until February 25, 1994. Vote: Unanimous l~. ~DJOURI414E~T On motion ef Mr. McMale, s~cended ~y Mr. B~rD6r, t/lc Board adjourned at ?~S0 p.m. until February 9, 1994 at $:00 p.m. Vote: Unanimou~ Chairman