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01-25-1995 MinutesBO~ OF S~ERVISOES ~XNU~ES ~auu&r¥ 2~ 199S Mupervisors in Attendanae= Mr, J. L. McHale, III, Chairman Mr. Arthur S. Warren, vice Chr~. Mr. Edward B. Barber Mr. Harry G. Daniel Dr. Freddie W. Nicholas, Sr. Mr. Lane B. Ramsey County Administrator Staff i~ Attendance: Mr. Craig S. Bryant, Dir., Util~t~e~ Ms. Marilyn B. Cole, Exec. Asst. to County Admin. Mr. Richard Cordle, Treasurer Mr. William baveapert, Commonwealth's Attorney ~r. william D. Duplsr, Building Official Chief Robert L. Banes, Mr. ~ichael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Adnin., Mr. Thomas E. Jacobsen, Dir., Planning ~r. John R. Lillard, Dir., Airport Ms. Mary ~ou Dir., Accounting ~r. Robert L, Deputy Co. Ad, in., Muman Services Mr. R. JOh~ McCrac~en, Dir., Transportation Mr. Richard M. MaEtfish~ Dir., Env, Enginssring Mr. Gary R. McLa~en~ Dir., County Attorney Mr. Kenneth Perrotte, Dir., Public AsSair~ Mr. Francis M. Pirate, Dir., General Services Col. J. ~. 9ittman, Police Ms. Thsresa M. Pitts, Clerk to the Board Mr. James J. L. St~g~aier, Dir., Budget & Management Mr. ~. D. Stith, Jr., Deputy Co. Admin_, Community Development Dr. Robert Wagenknecht, Din, Libraries Mr. Lewis Wendell, Dir. CD~Q office M~. Frederick Willis, Jr., Dir., Human Resource 1125195 Mr. Ramsey welcomed evsrycne to the meeting and introduced ~_r. Stith who briefly reviewed the Committee mn the Future's major accomplishments for 1994 and long-rang~ reoo~endations. Ee then reviewed, in detail, the major accomplishments including encouraging County and regional research and training networks; developing a Chesterfield economic development strategic plan; increasing economic development small busine~ a~nistance; developing public/ private neighborhood imprevement partnerships; developing and implementing a County ~iverfr~nt plan; establishing a regional economic development board; conducting regional planning pro£assienals' forums; ~n~lyzing future public transportation opportunities; promoting private sector support of the Lucy Corr Nursing ~o~e; and establishing County co~unity center~. Di~cu~sion, comments, and qeestions e~s~ed relative to the initiatives resulting in continued growth rates for businesses; Collaborations between the county and virginia State University regarding the initiation of en sngine~ring school; re¢o~nda%ions made by th~ Committee on the Future relating to creating a council for adult education, louatlng ~nagnet schools in ol~r neighborhoods, and developing a marketing plan for technical education; whether any o~ County's future plans addres~ the reco~endation of difference of cash proffer~ i~ a u~eful tool to t~e County; and the status cf the County's tax base. Kenneth F. Hardt, Esquire, chai~an of th~ Co~ittee on the Future~ expressed appreciation to staff for thei~ Work, dsvelopment reco~endation and inquired a~ to whether the Board f~lt a semi-annual status report would be appropriate than an annual report. After brief di~cussion~ th~ Beerd direct%d staff to complet~ s~i-annual ~tatn~ rapor~s addressing the Committee's r~co~ndation~. Mr. Har~t then r~view~d the Neighborhood Preservation R~port Mission Statement and Work Plan and ~xDressed Er. McEale =tared ~uring the Inter-City visit in cincinnati~ Ohio, las~ year~ the Bo~rd ]aarne~ the City is actively, fiDancially involved in creating infrastructure in neighborhoods. He further ~ta~e~ each of ~he neighborhoods r~oeiv~ a budget of approxi~tely $10,000 a year and neighborhoo~ counoil can u~ %~o~e fun~s for project~ or any p~lic p~po~ approved by th~ n~ighborhood omni,tee. He ~ugge~d th~ Co~%~ee on the Future could possibly address that effort further as a mean~ of creating sense of community. K~- Nancy ~ud~on~ a member of the C~ttee on ~ neighborhood CO~Cil~ and the proce~ taken to crea~e such councils, speciflcully, as it relate~ to the ~opkins Road Corridor from chippenham Parkway to Beulah Elementary ~r. Warren indicated he feels the Board and =he Committee are moving in the sa~ direction. i I (It i~ noted a copy of the Committee on the Future's Economtc Development Rec~mmendati~n~ Major A~eomplishmen~s £er 1994 and Long-Range Recommendations and Neighborhood Preservation It was generally agreed to recess to the Public to begin the regularly scheduled meeting. Reconvening: F~r. Ms.ale called the regularly scheduled meeting to order at 3:00 Vote: Unanimous Mr. Ramsay stated ~he Budget end Management Department ha~ recently been s~lected by the Government Finance Officers Association to receive the Distinguished Budget Presentation Award for FY94-PS. He further stated to receive the Award, governmental unit has to publish e budget document that program criteria a~ a policy document, a~ an operation quids, as a financial plan, amd as e oommunioations device. He noted it is the twelfth consecutive year that the Budget Department has received this recognition. He then introduced ~r. ~tith introduoed Mr. bu~ler and stated th= Building Inspection Department has recently been recognized for its Institute/BOCA International/United ~tate~ Agency for Internationa~ O~v~lopm~nt ~roj~ut. ~r. Dueler st~d as par~ of the ~roject, Europeans were disbursed tu local governm=ntu and conutruction-r~lat~d organizations for on-t~e-j0b %raining an~ ~0s~s arrange~ a w~ek of div~r~e work activitie~ and opened ~eir homes to the trmlne~ or ~ound th~m ~u~table homestay families. further stated he enjoyed partlclpatin~ in th~ ~rojoct and expressed appreciation to ~hose who made the Project 4. BOARD ~OM~ITTE~ REPORTS ~r. Barber stttsd he was a guest speaker at the D.A.R.E. graduation ceremony at Evergreen Elementary School; that he attended the Manchester and Forest View Volunteer Rescue Squads annual banquets; that ha at~ended the ~idlothian Fir~ Department annual banquet; that he will be attending the Eon Air Fire Department annual banquet on January 25, 1995; that he will be attending the Greater Richmond's YMCA annual meeting on January 26~ 1995; that his next "First Monday" Methodist churoh~ wi~h the topis of discussion being tt~e size 95-35 Mr. Warren ~%ated Mr. Stegmaicr was the guest speaker at constituents meeting on January 9, 1995 and noted the meeting was well attended; that his next conotituent~ me,ting will be held on Merck 6, 1995 with Mr. Rnsseli ~ulley, Planninq seT, missioner for Clover Hill Dietrich, as his gues~ speaker with the topi~ ef discussion ~eing ~he Route 360 Corridor Study; and that he was a guest spea~er at ~he ~enehester Volunteer Rescue squad an~al banquet. Dr. Nicholas stated he was a gu~st speaker at the civic and Progressive Act/on Association o~ Metoaca District meeting; that he visited the Ettrlck/Matoaea Branch Library and assisted in shelving books in anticipation of the Library's reopening; tha~ he attended the Capita/ ~rea Training Consortium mmmtimg; that he attended the Crater Planning District Commission meeting; and :hat he was e gum~t speaker at the ~hillip*s Volunteer B~cue Squad annual meeting. Mr. Daniel stated he attended a Planning Commission meeting regarding th~ Rout~ ~60 Corridor Study; that ha attended an Eceno~ic Development Partnership meeting; t~at ~e Was a guest speaker at the Central Richmond A~ociation meeting r~gard±ng Airport initiatives; and that he attended a meeting with · citizens in the Kopkins ~ea~ are~ tQ ~iscu~ beautification of Hopkins Road. Mr. MeHale stated he represented the Beard ~efere ths virginia senate hearing on ~ouse Bill lo~ regarding regional government und stated the Board of Supervisors opposition te %he sill; that he attended the Chief ~lected Officials/chief Administrative offi¢ial~ (CEO/CAO) luncheon and noted these meetings will be held quarterly and open to all elected official~; that he attended fha Enon Volunteer Fire Department and Ben~ey/Bermuda Rescue Squad annual meetings; that he attended the Enon Jaycees Outstanding citizenship Awards Program; and that he attended meetings of the ~ichmond Regional Planning District Commi=~ion and Metropolitan Richmond Convention and Visitors ~. R~QUEST~ TO ~OSTPON~ ACTTO~. F24ER~N~Y ~DDITION~, OR on ~otion ef Mr. Daniel, ~econded by Dr. Nicholas, the Board adde~ Item 1~., Resolution Recognizing Mr. Charles G. "Buck" Dopp Upon His Promotion ~ith comcast Cablevisien, te follow Item ~4., ~ledgc of Allegiance to the Flag of the U~ited states of A~erica, and replaced Item 9.C-l., Award of Con=rest and Transfer and Appropriation of ~unds for Widening 6.A. ~E~0GNIZING TH~ CHESTErFieLD COUN~Y EM~AOYEE-0F-TH~- YE~ FOR 1994 Mr. Willis stated the Employee-of-the-Year Award Propram was e~tahlished by former County Administrator BuFnette and ~eflects the co~itment of the e~tire County Administration in "~rowiding a First Choice Co~uni~y Through Excellence in P~blic Service." He fur~Rr stated the nominees have illustrated dedication, ~i~m~nt to work, and service to citizen~ which are the foundation~ of total ~ality management. He then introd~ce~ %h~ 1994 nominees, who were as follows: Mr. W. Craig Con,ray Mr. Lawrence C. Gr±ffln Ms. Jeanne T. Harper MS. Gail O. King Mr. Jerome I. Levisy MS. Patmieia F, Noble Mr. Mark Nugent Mr. Aaron E. 0tt, III Ms. Deborah R. Stone Ms. Cheryl S. Walker Mr. Michael West£all Ms. Barbara Wilkinson Mr. Building Inspection Accounting General Services Purchasing Planning Parks and Recreation Utilities Fire Budget and Management Library Internal Audit Commonwealth's Attorney Jeanne T. Harper, of the P~rchasing Department, has been selected as the 1994 Employee-of-the-Year. On metio~ of the Board, the following resolution was adopted: WHEREAS~ Ms. J~anne T_ Harper has been ~elected to represent the Purchasing Depar~men~ ~s ~helr 1994 Employee- of-the-Year as a person possessing the qualities of superior performance and dedication to excellence in public service rsqulred of the recipient of tkis coveted award; and WH~EA$, ~uring seven year~ of service, which began in 1987 as a secretary in the Dep&rtmen~ of Human Resource Management until Ms. ~arper~s currant position as Administrative Assistant, he~ friendly personality, professionalism, and willingness =o assist have gained widespread respect from her peers, superiors, and citizens alike; and ~i~EREAS, MS. Harper's selfless dedication =o her responsibilities and her team player attitude are recognized and appreciated by the many people she comes in ~nntact with Xncluding co-workers, County and 8choct e_~ployxes, vundors, ~EAS~ the sincere d~dication to customer service that Ns. Harper demonstrates in her work has been acknowledged and praised by ~nny; and WHER~S, Ms. Harper's service to th~ organization and her community ar~ d~monstrated by hav~nq ~rv~d an P~asident and a co~ittee chairperson of the C~e~terfield Employee's Association; a Total Quality Facilitato~ and Key Resource person~ a Leader of t~e Gi~l~ Scout~ of ~erica, Junior Troop 92~; a m~mber of ~r~is Elumenta~ PTA7 and a membe~ of C~e~ter United Church; and WHER~S, ~s. ~ar~ur strives to uontin~ in hut 9~rsunal and professional development s~ch a~ havi~q completed educational seminars off,red by the Capital Area Purchasing ~nsociation; th~ Virginia A~ociation of Gower~ental Purchasing; and t~e National I~s~it~te of Governmental ~urchasinq, as well as many Chesterfield County ~ducatiomal oDportuni=ie$. NOW, TH~EFO~ BE IT ~SOLVED, tho= the Chesterfield County Board of Supervisors hereby recognizes the loyalty, distinquished perfo~ance, and dedication of M~. Jeanne T. ~arp~r by naming her a~ the Che~terfleld County ~ployee-of- the-Year for 1994. ....... L..." .........I. , , ;L_I ........ L ..... L! pre~ented her with a framed resolution, an engraved silver Revere Bowl, n $50.00 savings bend, and a gift certificate to the Swift Creek Mill Playkeu~e £rom the Employees Association, and noted a re~erved parking s~ace for the year had Been designated for her use. Ms. Harper expressed appreciation for th~ honor bestowed upon her by the Administration and her co-workers, Mr. ~asden introduced ~rs- Ruth B. Richardson~ Administrative Secretary of the J~venile Detention Home, who was present to receive the resolution. O~ ~otion cf the Board, the following ~esolution was adopted: ~HER~A$, ~rs. Ruth B. Richardson has faithfully served Chesterfield County for over twenty-one years with the ~uvsnils Detention Home; and WHEREAS, Mrs. Richardson~s work eth~e, personality, 9e~fo~mance~ skills, and willingnem~ to help out in any manner has made her a valuable asset; and knowledge regarding Chesterfield County and the Department of ~outh and Family Services Program and the ability to relate to others; and WHEREAS, ~rs. Richardson has been extremely effective in wnrkinq wi~h and assls~in~ all types of people including parent~, professionals, co-workers~ and representatives other lecal~tim~; and WHEREA$~ ~h~ Juvenile Detention ~ome stuff wish ~s. Richardson goq~ luck ~Dd good h~alth in h~r retirement; and WHEREAS, Mrs. Richardson's wonderful personality talent~ will be missed. County ~oard of Supervisors publicly recognizes the service to the citizens of chesterfield County, the{r congratulations upon her retirement, and their be~t wishes soard of Supervisors of Chesterfield CQunCy, Virginia. Vote: Unanimous Richardson, accompanied by ~. Charles Tucker, Acting Director of =~e Juvenile Detention Home, wis~ed her well in h~r ~s. Richardson expressed appreciation for the recognition and stated she is proud to be have be~n part of Chesterfield County and working ~or the Juvenile Detention Home. 4. COUNTY ADMINISTP~%TOR'~ C0}{M~NT~ (continued) Mr. Rameey introduced Mr. Ha~er to present an update on the La~rade and ~ttrick/Matoaca Branch Libraries. Mr. Hammer stated the Ettrick/Matcaca Branch Library has reopened and the LeP~ade Branch Library will reopen ~1, 1995, He expressed appreciation ts the ~oar~ for support throughout this process. ~{r. Warren e~pre~sd apDreeiatio~ to staff for their rapid efforts in bringing the Libraries back into operation. Mr. Ra~sey then intrsduosd Chief Pittman to brief the Beard regarding a recent publication on th~ County's mrime statistics. He stated the county has recently been notified that it is a finnli~t in the Senate Productivity and Quality Awards Program and will be hosting a site visit on February 20, 1995. chief Plttman reviewed actual ~art 1 of~ea~e~ (aajor crimes) from 1985 to 1994 and stated the total of all offen~es in 816 additional part 1 offenses were oohunitted in 1994 over with the exception of three additional r=pc case~. He further stated of the $1~ additional crimes, 651 were =rlmes in larceny cases was attributed to a ~ash of thefts ~rom amtomobiles in which the Police Department formed a second task force to combat this problem; that 13B ind~vidual~ were arrested thi~ pa~t y~a~ for the crime of automobile theft; that ~he majority c~ =he 109 additional burqlaries were eoramitted by two groups and both group~ hav~ been and are now a%tendin~ trial; and that slnoe those arrests, bu~gla~ie~ have ~ecreased. He further stated even wi~h increase, ~m County is still below i~ peak year of 1991; that wh=n thor= is a growth in population, =rime will increase; and t~at ~h~ County ha~ =he lowest per capita crime rote as compared to surroundx~g jurisdictions. ~. Daniel inquired as to how ~ County'~ erim~ rate per 1994. ~. Warren expressed appruci~tion to the Police Depar~ent in having the lowest crime rate per oapi%a an~ indicated the Co~ti~ed u~ppurt of the Board in the County's law enforcement efforts. H~ ~Sa%u~ ha is u~ten~ng th~ for Political Science ~rough a program at the University Virginia and that their last ~ro~ram was on cr~ne. ~6 noted fi~ure~ presented ~howed th% largest number of crime~ b~ing When asked, chief Pittman statsd the majority of all in the County are committed by juvenile~ and Doted ~h~ County ~as a~ excellent record of response and apprehension of crininals. Mr. Ramsey noted ~e Police bepar~=nt also has ~m highes~ 95-39 1/25/95 7. WORK SESSIONS o PROPOSED FY1996-2000 CAPITAL IH~ROV~E~T~ PR0~RAM FOR ~ENERAL COUNTY FACILTT~ ~S. ~ecky Dicksen, Capital Finance Administrator, presented an overview on ~he ~¥1996-200Q ca~ital ~m~rovements Program (CI~) ~or G~n~ral County Facilities and stated th~ total is comprised of general county facilities; the John Tyler CoI~Unity collsg~ se~mitm~nt; the Schools CIP; and Utilities. She reviewed financial management polioie~ and debP management ratios. When a~k~d, she ~tat~d the County's debt p~r capita ratio was $1,350 at June 30~ 1~92; $1,400 at June 30, 199~ and ha~ declined to $1~252 a~ June $0, i99~. noted thi~ d~cline i~ an improvement in the debt p~r capita ratio. She then rewiewed total debt capacity for planning years 1~96-2000. ~r. Daniel stated there is a need fo~ capital to fund the construction of the 10~ bed e~Dansien at the Nursing Home and termlna=e. He further stated it is ~is understanding staff will address varicu~ option~ of obtaining cash o~ a~iating in financinq thi~ capital need without negatively impacting · the County's debt capacity or the ~chool'm priority list quarter-to-quarter extension- ~e further ~Tated if it i~ the pleasure c~ the board 5o Dursua the expansion of th~ N~rg~ng $15 million aaDaclty for the' current fiscal year bo Wursing Kome. Ee stated the Board will be ~eoeiving a preDonai from the Health Center commission outlining ~p~clfics of their need. Mr. Barber inquired as to whether it is pos~ibl~ tO Obtain impacting the County~e debt capacity- BEC. ~cMal~ ntated he i~ mnaware of how the Bo~rd ~an accomplish ~at without ~om~ flexibility ~ith re=peet to the ti~inq of bond issues to T~ere was brief discussion relative to the r~mlflcatlons project summaries. When asked~ Mr. Ha~er ~tat=d the County ha~ under contract, 95-4Q Dr. Nicholas inquired as to the proposal for utilization cf the current La~rade ~ranoh Library after the new Library is constructed. ~. Ramsay stated the County, at this time, hal no ~pecifi¢ recommended plan, however, will be addressing reuse or sale of the facility. Ks. Dickson then reviewed the Parks end Recreation project There was brief discussion relative to whether any designs Landing~ Ms. Dickson then reviewed the Public Safety mud Transportation project summaries; unfunded General County ~apital improvememt p~ejeets; the ~ducation P~cject summary; and proposed school CIP funding sources. Mr. Warren sta~ed he feels ~he term "General County~ needs to be more specific and descriptive ~s citizens may not know Mr. Ramsay stated from a scheduling standpoint, sta~£ anticipates the CIP being part of the Board's budget public 'hearing process in ~aroh, 19~ and would be adop=ed after that public hearing in April~ 1995. ~e further stated the £s~uss relating to the Nursing Home and the School Board moving forward on obtaining Virginia Publ±~ ~hoo1 Authority (VPSA) funds will come before the Beard at its ne~t regularly scheduled m~eting, when asked, he stated the John Tyler Community College, Phase I, Midlothian Campus Project is not being funded by VPBA funds. When asked, ~tr. Stspmaier stated because the County is using VPSA to fund School projects, the County will be taking approximately $~.5 million from the ~ehool Capi~al ~rojpot Reserve to be used for the John Tyler Community College Project and, in turn, ~ill take the $2.5 million, tha~ would have been issued in debt for John Tyler, and add that to the Sl~ million in school de~t capacity for a total school debt capacity of $15.16 million in FY1995. He noted ~taff will work with the School Board ~o ~hQw that $1~ million is being borrowed for School projects and outline the specific pro~ect~ the SIS millian will be allossted to. DEFERRED ITEM~ Ther~ wer~ no Deferred Ite~ ~cheduled at thi~ tim~. 9. NEW BUSINESS 9.A, APPOINTMENTS On notion of ~. Wa~n, seconded by Mr. McHale, the Board nomination/appoi~tment/reappointm~nt of members to serve on the Airport Advisory Board and the Keep chesterfield Clean Co~poration. Vot~: Unanimou~ 9.A.1. ~IR~ORT ~DVTSORY BO~RD On motion of ~r. McHale, s~conded by Dr- ~ichola~, the Board simultaneously nominated/apDointed/~eapDsintad the following m~mb~r~ to ~erve on th~ Airport Advlgory Board, whege term~ are effective February 15, 1995 and wilt expire February 14, 1998: 95-41 1/25/9S Mr. R~chard M. King Mr. Richard Collier Mr. Melvin C. Sheller Mr. Samuel B. Thomas Mr, William B. Chandler And, further, the Board District Bermuda Clover Bill Dale ~atoaca Midloth~an simultaneously nominated/appointed Mr. Franois M. Pirate, Director of G~neral Services, to serve as the AdminiatTation*e representative to ~hs Airport Advisory Board, whose term i~ effeetiv~ February 15, 199~ and will expire Februmry 14, 1998. On motion of Mr. MOHale, seconded by Dr. Nic, h~las, the Board simultaneously no~inated/appointed/~eappointed the followin~ members to serv~ on t~e Keep C~esterfield clean corporation (~C), who~ term~ are effective Februar~ 5, 1995 and will ~xp~re January 51~ 1996: Me. Joan Cole Mr. Floyd L. Robinson, Jr. Ms. Kathteen O'K. Petty Vote: Unanimous Distrlc~ B~rmuda Clover Mill Dale Matoaca Midl0thian Mr. Stith r~Dorted nn =he progress cf streetlighting in the Mr. Daniel requested ~taff to bring back a prio=ity listinq of the requested ~treetlights for Chesswo~d Subdivision at the appropriate tlme~ Mr. Daniel then made a motion, ~econded by ~4r. Barber, for the Board to approve the following ~traet]ight ~nstallation cost approvals: Cost to install all three light~: $3,9~.39 Vo~e: Unanimous On mo~ion u~ M~- Daniel, secendsd by Mr. Warren, the Doerd ~ouut of $~,695,~00; transferred $~44,6~0 from the Rivers A=oe~ Acovunt, $60,0~0 £ro~ the "L' Road Account, and 1/~B/95 $24,?50 fro~ the Senate ~treet Rural Addition Account to the Coalfield Road Widening Project; and appropriated f~em the Road Improvement Reserve AccoUnt for the widening of Coalfield Road Project. ~tND W~IIDDENo INCORPORATED FOR ~ENERAL ~E~VIC~ awarded a co,tract to Andrews, Large and Whiddsn, Incorporated, in the amount of $~55°000, fo~ construction of the new General Services Warehouse. (It is noted fund~ are available in the Project budget to award the construction contract and that an additional $100~000 required to complete On motion of Mr. Daniel~ seconded by ~r. Warren~ the appropriated ~79,S00 in additional FY95 real e~tate On motion of Mr. Daniel, secomded by Mr. Warren, th~ ~oard appropriated $92,000 from ~nd Balance to aasi~t the Bensley ~ermuda volunteer Rescue Squad with personnel by creating thr~ Firefighter/Advanced Life Support positions to staff an ambulance at the Bsnsley Fire Station. 9.~,4, STATE RO~D ACCEPTANCE This day the County Environmental ~ngineer, in accordance wi~h directions from this Boar~, msde report in w~it~ng upon his examination of Walmart Way, Midlothian District, and Whereas, the Resident Engineer for the Virginia Dewartmeat of Transportation ha~ advised the Director of Environmental ~nginaaring, Walmart Way, Mi~lcthian District, mee~s the requirements established by the Subdivision Street a~quirement~ of the Virginia O~artment of Transportation, and Whereas, the County and the Virginia D~partment of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, i994, for all s~ormwater detention/retention facilities in the County. Therefore, upon consideration whereei, and on motion of ~r. Daniel, seconded by Mr. Warren, it is resolved that Walmart Way, Hidlot~ian Dis~rict, b~ and it ~era~y is established as a public road. 95-43 1/25/95 And be it further ramolved, that the Virginia Department 'of Traneportation, be and is hereby requested to take into the Secondary system, pursuant to section 3~.1-229, C~da ef virginia, and the Department's Subdivision ~treet requirements, the following: Name of Street: Walmart Way Length: 0.26 mile From: the ihterseetion of Route 60 TO: the cul-dE-sac Guaranteed Right-of-Way Width: 70' - R0' variable width right-of-way. This request is inolusive of the adjacent slope, eight distance, clear zone and ~esignated virginia Department of Tran~portatlon drainage easements indicated on the development plat. Thi~ ~oad m~rvem am access to ~ommercial prmperties. Walmart Way i~ recorded &~ follow~: Deed Book 2354. Page 791, JuLy 15, ~99~. 9.C.5. CONVEYANCE OF COWS~KVATIO~ ~ASEM~NT TO THE NA?~RE 0~ motion of Mr. Daniel, seconded by Mr- WaMr~n~ the Board authorized the Chairman of the Board and the County Administrator to execute a c0~m~rvation easement with the Nature Censervsncy to mitigate wetlands for t~e proposed Lucy Corr ~ursing ~ome expansion, lit is noted a copy of the vicinity sketch is filed ~ith =he papers of this ~eard.) accepted, on behalf of %he Ceunty, the conveyance of a parcel of land containing 0.~3 acres along Coalfield Road (State nscessary deed. (It is ne~ed a copy ef th= viuinity sketch On motlen of Mr. Daniel, seGo~d Dy Mr. Warren, the ~oard accepted, on behalf of the Ceunty~ the cenweyunce of & ef lan~ containing 0.1765 acres along T&co~y Drive Rout~ ~686) from Bert Associates mad authorized the Ceunty Administrator to e~ecnte the necessary ~eed. ~It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous AND IROE~RID~E PARKWAY ~.C,6.O.1. MR, WALTER C. CRE~T~L%M On motion of Mr. DaniEl, ~oconded by 14r. Warren~ the Board accepted, on b~half of fha County, ths conveyance of a RarceI of land containing 0.114 acres north of the intersection of Ironbridge Parkway and Ironbridge Boulevard from Mr. Walter cheatham, sr., and authorized t~e County Administrator to eXeCut~ the necessary deed. (It i~ not~ a espy of the vie±nity s~ete~ is filed with the paDers o~ this Board.) Vote: Unanimous 9.~.6.c.~. MR. C. ~. ~..U~...TN, JR. AND MR. C~;%~L~S M. KEEN, JR. On motion of Mr. Daniel, seconded by Mr. Warren~ the ~oard accepted, en behalf of the County, the conveyance of a parcel of land containing 0.538 acres north of the intersection of Ironbridge Parkway and Ironbridge Boulevard from Mr. C. cut, in, Jr. and ~. Chorlom M. Keen, Jr. and authorized County Administrator to execute the necessary ~ee~. fit noted a copy of the vicinity sketch is filed with the papers sf this Board.) Vets: Unanimuuz of land containing 0.111 amre~ novth of %he intsrsection of Ironbridge Parkway and Ironbridgo Boulevard from Mr, ~enry L. nnceo~ary dond. (It ie noted a copy of t~e vioinity sketch i~ filed with the papers of this Board.) 9.~.6o~o4. PIONEER PROPERTIES Ir INCORPOF~%T~D accepted, on bahalf Qf the County, the conveyance of a marcel of land containing 3.474 aer%~ no~th cf the interse=tion of !renbrid~e ~arkway and Iron,ridge Boulevard ,from Pioneer Propertie~ I, I~eol~porated and authorized th~ Co~ty Administrator to exocune tnb necessary deed. (It i~ noted a copy of the vicinity sketch i~ filed wi%b the papers of this Board.) A__COUISITION O~ RIG~ OF WAY A~D RLOPE AND DRaINagE E~EK~T~ FOR COALFIELD ~O~D WIDENING ~.C=9.a. ~CRD~OLIs ASSQCIATIO~ on an emergensy basis and exer=i~ immodiat~ right of entry pursuant to Section 15.1-238.1 of the Code of Vir~£nia, across property of Aoropolis Association~ for acquisition of 95-45 ~/25/95 right Of way and slope and dr~inag~ ~a~ements for Coalfield Road Widening and authorized the County Administrator te notify the owner ~y oer~i£ie~ mail on January 26, 1995 of the County's intention to take posses~io~ Of the right of way. (It is noted a copy of the plat is filod with the papers' of this Board.) Vote: Unanimous 9.C.7~b. COMMONWF~%~TH TWO ~ORPORATION On motion of Mr. Daniel, ~econ~ed by Mr. Warron, the Board authorized thc County A~orneyte proceed.with eminent domain on an emergency basis and exercise immediate right of entry pursuan~ to Section. 15.1-23s.1 of the C~d~ of Virqinia, across property of CommonweaLth Two Corporation, for acquisition of ~lope and drainage easements for Coalfield Road Widening and authorizod the County Administrator to notify the County's intention to take possession of the right of way. (It i~ noted a copy of the plat i~ f~lsd with ~he papers of this Vo~e= Unanimous T~ore were no Hearings of Citizens on Unscheduled ~a~ers or claims scheduled at this time. 11. REPORTB On motion of Or. Nicholas, seconded by ~r. Barbsr~ the Boar~ accepted the following A status report on ~he General ~und ~lance; Roserve for Y~ture Capital 9roj~ct~; District Road a~d Street Light Fund~ and Lea~e Purchass~. ii. DINNER On motion of Mr. ~ce~sed to the dinner. Vote: Unanimous Barber, seoo~de~ by ~Ir. ~cKale, the Board Administration Buildlng~ Room 50~, for Mr. McHale introduced Mr. William Pool~, A~istant Director of Planning, who gave the invocation. Ms. ~eve:ly ~usselman, Planning Administrator of th~ Planning Department, led the Pledge of Allegiance t~ the Fla~ sf %he United $~ates of America. Mr. Perrotte introduced Mrs. Stephanie Dopp, who was present to r~oeive the resolution on behalf of her husband, Charles ~. "~uck" Dopp. On motion of the Board, the following resolution was adopted: WHER~A~, ~r, Charles G. f'~uak" Dep~ has been General Manager of COMCAST Cabtevi~ion of Cheotorfi~ld from Anapest 1, 1989 until January 20, 1995; and ~E~AS, durin~ ~ time, ~. DoDD has exemplified the lead.ship of ~ ~ood corporate citizen by supporting many Chesterfield County; and WKER~S, such programs as "Chesterfield Matters"; Solvers";' and ohhers provide vlewers with information; and ~ER~S~ COMCAST'S Rapport has inoluded videotaping ull WHER~S, another such creative ~artner~hiD with sub$criber~ with valuable orime prevention information; and WEE~, ouch co.unity spirited suppor~ ~houl~ recognized for i~s positive contribution. NOW, TKEREFORE BE IT RESOLVED, that the Chesterfield Dopp for his initiative and public-spirited effou%s Genera~ ~anag~r u~ CO~CAST Ca~levision of Ches=erfield and wi~h~s him and him family good health an~ happinems as he b=gln$ his new ~u~i~ with COMCAST in New Jersey. Vote: Unanimous ~r. MoHale pr~nted the executed resolu=ion to ~s. Dopp and wished her and Mr. Dopp well in their n~w Mrs. Do'pp expressed appreciation, on behalf of her husband, for ~e recognition ~nd stated they ~ave enjoyed wor~inq and living in Chesterfield County and will miss their friends. There were no Public Hearing~ ~chedul~d at thi~ ti~- 17. REOUESTS POR RESONING In Matoacu Magisterial District, DOU~L~S SOWERS requested rezonlng from Agricultural (A) to Residential (R-9). A slnqle family residential subdivision with a minimu~ let of 9,000 square feet is planned. Residential use of uD to 4.84 units per aor~ ia permitted in a Residential District. The Comprehensive Plan designates the property for residential use of 1.~1 to 4,~ units p~r acr~. This lies on ~4.9 acres fronting approximately 2,210 feet on th~ ........ ! :L ........ I J,i ....I L I.I I mouth line of Lucks Lane, approximately 110 feet east ef Exbu~y Drive. Tax Nap 37-4 Mr. Jacoboon stated the applicant is r~qussting a thirty-day deferral- No one came forward to speak in favor of or against the deferral. On m~tice of ~r~ Nicholas, seconded by Mr. Daniel, the Board deferred Case 945N0219 until February 22, ~995- In ~idlothian Magisterial District~ KE~ET~ W. rs~ueete~ Cendi~isnal Use to permit a privat~ mchool. The applicant proposem to continue to operate a private school Ben Air Presbyterian Church ~roparty. The density of much amendment will be controlled by zoning ccndition~ or ordinance standards. The Comprehensive Plan dmsi~nates property for public/semi-public use. This r~u~st lies in a ~Rasidential (R-15) District on 7.5 acres known as 9201 West Huguenot Road. Tax ~ap 10-~ {1) Parcel 14 ~Sheet the Plannin~ Commission and s~ff reuomme~ a~Droval subject to a condition. He ~oted the request conforms to the Ben Air Plan. Hr. Kenneth w, Thorsen ~tat~d the recommendation is acceptable- ~her~ was no ~pposition present. T~ere was brief discussion rmlative to the Church addressing landscaping concernS, spesifically~ aM i~ r~latss construction o~ privacy barriers for adjacent property approved Case 95SM0178 subject to the following condition: A p~ivate s~hoel may be sperate~ on the property Vote: Unanimou~ 95BN0179 In Clover Hill Magisterial ois~rict, WILLIA~ requested Conditional Use to permit a dwelling unit separated from the principal dwelling uni~ in an Agricultural bimtrict. The density of this development will be approximately 4.0 nnit~ per acre. The Comprehensive Plan designates the property for mingle family and two-family residential u~e- This requea~ lles on 0.5 acre known es 1006 MU- ~acob~on presented m summery of Case 05SN0179 and stated the Plannln~ Commission sad mtaff recommends approval subject to a condition and acceptance of a proffG~Gd condition. He Mr. Lloyd Tsrr~, representing the applicant, z/25/95 O~ ~stion of Mr. Warre~, seconded by ~. Barber, 'the Board approved Case 95SN0179 subject to the following conditien: At such time as any additions are made to the existing dwelling, located towards the rear of Parcel 7 on Tax Map 29-5, the existing structure shall be connecte~ to the public wustewater system. (U) ~d, further, th~ Board accepted the following proffered condition: within si~r:y (60) ~ays of final approval of the ~oq~ested Conditional Use by the Board of Supervisors, forty-five (45) feet of right of way on the west side of Turner Road, measured from the centerline of that part Of Turner Road immediately adjacent to the property shall b~ dedicated, fr~e and unrestricted, to and for the benefi~ of Chesterfield County, Vote: Unanimous In Bermuda Kaqlsterlml Di~trlct, Ne'S ~LmE~Y HOLLOW ~eq~ested Conditional Use tu permit a rant home in an Agricultural (Al District. The density of such will bu cuntrollud by ~onin~ conditions er Ordinance standards. The Comprehensive Plan de~ignate~ the property for light industrial and medium/medium high density residential use of 1.61 tu 7.0 units per acre. This re~ue~t lies on 1.0 acre, known as 1~?02 Lewing Drive. Tax Map (i) Parcel l0 (Sheet 42). Mr. Jacobsen pr=senSed a ~ummary of Case 95SN6180 and stated the Planning Commission and staff recommends approval subject to conditions and acceptance of a proffered condition. He noted the request conforms to the Eastern Area Land Use and Transnortation Plan. He further stated the Planning Commission imposed two additional conditions including no moro than eight residents, exclusive of staff, shall be housed at thi~ facility at any on~ tim~ and thi~ use shall be granted for a period not to e~ceed five years ~ro~ th~ dat~ of approval_ ~%en asked, he stated there was no opposition to this request at the Planning Commission meeting. since tmere was no one present to represent the applicant at this time, the request was placed in its r~gular ~equencs on ~h~ agenda. U~ to p~r~it indoor/outdoor r~cr~ation and day ears u~s in an Agricultural (A) District. The density o~ such amendment standards. The Comprehensive Plan dssignate~ t~e property for planned transition area. This request lies on 9,0 acres frentin~ approximately 718 f~et on the east line of Coalfield Road, app~oxlmately 2,7~Q feet ~euth of South Carriage Lane. Tax Map 25-4 (1) Part of Parcel 4 (Sheet the Planning Commission and $~af~ reoemm~n~ approval subject to conditions and uccept~nce of the proffered conditions. noted the request conform~ to the Midlo=hian Area Plan. mr. Barber disclosed to the Board that he is a member of the Board of Manager~ of the Midlothian Y~CA; ~eclared a confli¢~ of interest under the Virginia Conflict of Interest Aet~ and stated ha do~ not receive any salary for serving on the Board and ~as ne financial interest in the YMCA. He excused himself from th~ meeting. Philip Rome, .Esquire, representing the aDpllcant, stated the recommendation '1~ acceptable. There was no opposition On motion of Mr- Warr~n~ seconded by Dr. Nicholas, the Board approved Case 95SN0184 subject to the following conditions: 1. With the exception of buffers, and setbacks for playfields, courts and similar active ~ecreational a~ea~, development shall conform to the requirements of ~ha Zoning ordinance for office districts in Emerging Growth Areas. (P) (NOTE: The requirements of the underlying Agricultural (A) zoning Qlassificatlon, where they exceed the requirement~ of the Ordinance for Office, Commercial and applicable for any development on the request property.} A fifty (~0} foot buffer shall be maintained along the ~outhern property boundary. This buffer shall conform to the requirements of th= Zoning Ordinance for Sections 21.1-227 and 21.1-228; provided he,ever that clearing and grading shall be permitted within northern twenty-five (~5) f~et of the buffer subject to th~ area being landscaped per the req~ire~entm of the Ordinance. (P) (NOTE: This condition would allow reduction or further modification of th~ buffer through site plan approval by the Planning Commission ~nder oartain ciro~lmstances.) 3. Outdoor playfields, courts, swimming pools and similar active recreational ar~as ~hall be located a minimum of 100 f~¢t fro~ the southern property boundary an~ shall be landscaped in accordene~ with Section 21.1-128 (4) of the Zoning Ordinance.' (P} 4. This Conditional Ute s~alt be gram=ed no and for the y~ck and shall no% be transferrable nor run with the land. And, further, the Board accepted t-~e following 1. Improvements on the P~operty shall connect to the public sanitary ~e~er my~t~ at ~uch time as the public sewer sysUe~ is extended to within 1,000 feet of ~he Property. 2. Except for riveting approved by the Virginia State or diseased ~rees, there shall be no ti~ering on the P~Ope~ty until a land disturbance pa~it ham ~een ob=aine~ from th~ ~nvironm~ntal ~nglneerlng Department and t~e approved devises have been installed. Prio~ to the issuance of a building permit for any improvemen=s on the Property, forty-fiv~ (~s} feet right-of-way on the east side of Coalfield Road measured i~ediately adjacent to the Property shall b~ d~dicated~ fr~e and unrestricted, to and for the benefit Chesterfield County. 4. Direct aooe~s to Coalfield Road shall be limited to one (~) entrance/exit, located towards the southern property line. The exact location of this aooe~ Bhall be approved by the Transportation Department. There shall bE no dira~t acce~ to Woolridg~ Road Extended. 5. The developer of the Property shall be responmible for hke £ollowing tmansportation improvements as provided on a phasing plan which shall be submitted to and approved approval: Construcblon of addibional pavem~nb along Coalfield Read at the approved access to provide left and right turn lan~. The~e improvemenf~ ~hall be provided prior to the issuance of an occupancy permit for development of more than a 5,000 square foot community building, outdoor swimming pool and related minor amenities, if warranted~ ba~ed on Transportation Department ~tandard~. B. Relocation of the ditch to provide an adequate the ~ntir~ p~ope~ty f~ontaqe~ C. Dedication to and for tko benefit of the County of Chesterfield, f~ee and unrestricted, any additional right-of-way (or easement) required for the improvements identified in paragraphs A or B abmva. 6. Prior to any ~ite plan approval, a phaming plan for required road improvementsI as idontifi~d in Proffered Condition 5 mhall be submitted to and approved by the Ayes : ~r- McHale, Mr. Warren, Mr. Daniel, and Dr- Nicholas. Absent: }ir. Barber. ~r. B~rber returned to the meeting. In Bermuda ~agis~erial District, NC'S SLEE~y ~0LLOW requested Conditional U~e ts permit a rest ho~e in an Agricultural (A) District. The density of such amendment will be controlled by uoning conditions or Ordinance for light industrial and medium/medium high density resi~enti=l us~ of 1.~1 to 7.0 units per a=r~. Thi~ reques~ lies on 1.~ acr~, known a~ 1370~ Lowing Drive. Tax Map 134-5 (1> Parcel 10 (sheaf 42). the Planning Commission and staff recommends approval subject to conditions and acceptance of a proffered condition. He noted th~ requemt conforms to the Eastern Area Land Use and Transmsrtation Plan. He f~rther stated the Planning Co~isaion imposed two additional conditionm including no more than eigh~ residents~ exclusive of staff, s~all be housed at this facility mt ~ny one time ~nd this conditional uae shall be granted for a period not to e~oeed five years the recommendation i~ a~ceDtable_ Ther~ wa~ ne opposition prement. ~_r~ McHale made a motion, seconded b~ Mr. Barber, fo~ the Board to aDDravm case 9~SN~I~0 subject ts the following conditions: 1. Development shall comply with the development standards of the Zoning Ordinance for Corporate office (0-2) u~es in Emerging Growth Areas. 2. No me~e than eight ($) residents, eEclu~iv~ of staff, shall be hou~ed at this facility at any one time. (CPC) This Conditional Us~ shall b~ granted for a p~riod 5o e~ceed five (5) years fram ~he date of approval. And, further, for the B~ard to accept the followin~ proffered Th~ exi~in~ residence will ~e oonnested ~o the public adult hc~e. Mr. Warren in~uirmd as tc the number e~ persons who will allowed in this home. Er. EcHal~ ~tat~d a maximum of eight people will be allowed in th6 home. Mr. Warren inquire~ as to whet~er certification i~ required to cp,rate ~his facility. M~. T~empson sta~ed state licensing i~ resulted to operate the facility. Fir. Mc~ale called for the voSe, on the 'motion made by him, ~econded by Er. Barber, f~r the Boa~d to approv~ Ca~e ~$NQ~80 subject to the following conditions: of t~a Zonin~ Ordinance for Cerpnrst~ office (0-2} uses in Emerging Growth Areas. 2. ~o more than eight (~) residents, exclusive of staff, shall be housed at this facility at any One tim~. (CPC} 3. This Conditional U~e shall be granted for a period not tn ~xceed fiv~ (5) years ~rcm the date of approval. And, further, for the Board to ac=apt the following proffer=d eondition~ The exi~tin~ r~sidan~a will ~e connected to the public ~dult home- ~$8N01~ iAmended) In Bermuda Magisterial District, DUF~L DEVELO~MENT~WI~IAM D~A~ requested re~oning from Agricultural (A) to Residential (R-i~) of ~.S acres and Residential Townhon~e {R-TH) to conditions on 4~.k acre= which is currently zoned Residential (R-15) and Re~idential Townhouse (R-TM). A single family re~identlal subdivision with a minim~ lot size of Re~identlal u~e of up to 2.9 uults per acre is pe~itted in Residential (R-15) District. The density of the R-~ and development will be controlled by zoning conditions or Ordinance standards. The Comprehensive Pla~ desig~ate~ the property fur g~ral C0~erdial un~ and for r~idential use of 1.01 - 8.00 units Der m=re. This request lies on 95-52 1/25/95 acres lying off the southern hermlnus of Cedar Lena, also lying approximately 400 feet off the west llne of ~efferson Davis Highway and off the mouth line of Osborne Road. Tax Map 98-15 (l) ~art of Parcel B and Tax ~ap 114-I ISbee= 32). M~. Ja~obson presented a s~mma~y of Case 95SN0123 and stated the Planning Commission has recommended approval of the original case and staff recommends approval and acceptance of the proffered conditions for the amended case. He noted the request conforms fo the Chester VillaGe Plan. He stated the the Board's policy, therefore, if the Board wi~he~ to eon~ider the amended a~911ca~ion and revlee~ proffers, it will be ne=essar~ for the Board tc amend its rule~ of procedure. On mo:ion o~ ~r. MeHale, sesomded by Mr. Barber, the Board suspended its ruls~ at this time to accept the following proffered conditions: PROFTERED CONDITION - ENTIRE PROPERTY 1. Public water and waste wafer shall be PROFFERED CONDITION - R-TH AND R-15 TRACTS 2. The maximum numbe~ of dwelling units shall not exceed 162 of which no more than 120 shall be townhoumes and 42 mhall be sin~l~ f~mily. PRDFPERED CONDITION - C-5 TRACT 3. Prior to site plan approval, an ~ighty (~0) foot wi~e ~i~ht-of-way through th~ C-3 tract dedicated, free and unrestricted, to and for the benefit of Chest6rfield County, The exaQt location of thim right-of-way shall be approve~ by Transportation Department. (~OT~; IN ADDITION TO THESE CONDITIONS, CONDITIONS OF CA~ 80S129 RE~3kIN APPLICABLE TO TT~E R-TN AND R- 15 WHICH WERE ZONED AS A PART OF THAT CASE. CONDITIONS OF CASE 80S129 WILL NOT APMLY TO AGRICULTURAL (A) TRACT WHICH IS BEING REZONED TO R- UNDER THIS APPLICATION.) Mr. Andrew SCherzer, representing the ~pplicunt, stated the recommendation is acceptable. Ms. Cindy Miller inquired as to whether the %ownhouaes will he for rant or purchase. Mr. McHale indicated rental or purchase of the townhcuses cannot ha distinguishsd with respect to the zoning. On motion of Mr, Mc~ale, seconded by ~r. Barber, the Board approved Cass 95SN0123 and accepted the following proffered conditions: 1. P~blic water and waste water shall be used. .......... I .................. J...,I ....... L..__ U L .............. PROFFERED CONDITION - R-TH A/~D R-i~ T~ACTS 2. The maximum number of dwelling units shall not te~nhouses and 4B shall be ~ingle family. PROFFERED CONDITION - C-3 TRACT 3. Prior to sits plan approval, an eighty (SO) foot wide right-of-way through th~ C-3 tract and for the benefit of Che~ter£i~ld County. The exact location of this r±~ht-of-way shall be a~proved by the Transportation DepartDent. (NOTE: IN ADDITION TO THESE CONDITIONS, CONDITIONS O~ c~$~ ~0Sl~9 P~4ATN APPLICABLE TO T~E R-T~ ~/4D R- 15 W~ICH WERE ZONED AS A PART 0~ T~ Ck~. C0~DITIO~S 0F CASE ~0Z129 WI~ NOT APPLM TO THE AGRICULTU~L (A) T~CT ~ICH iS BEING REZONED TO ~- 1~ AND THE R-TH T~CT ~Ic~ T~ ~EING REZONED TO C-3 ~DER THIS APPLICATION.] In Dale ~agiste~ial District, O- ~- H~RRI~S requested r~$o~ing from Agricultural (A) to Residential (R-i~). A single family residential subdivision having a minimu~ size of 12,000 square feet is ~lanned- The applicant has agreed to li~i~ d~velopmen~ ts a maximum of sl lst~, yi~ldinq Compreh~nmiv~ Plan designates the prsperty for residential aores known as 4SlZ Newby~ Bridge Road. Taa Map 50-1i (1) ~arcel 2 (sheet Mr. William Peele, Assxstant Director of Planning, presented applicant, n~i~hborhoed citizan~, ~taff~ and District Supervisor in an effort ts reach a consensus; and that th~ conditions subject to the applicant ad~ressXng the impact on Mr. Warren excused himself fro~ the N. L~lie Saunderm, Esquire, representing t~e applicant, e~pre~sed apRresiatien to staff for their efforts on this case; and stated that th~ houses in this development will anticipated area development and that health, safety, and land uss plans and when the land use plan wag a4opt~d, ~t determined that the property was appro~riat~ for residential ~r. ~arren returne~ to the ~eeti~g, Mr. Saunders then stated the Planning staff's reservation in recommending approval of the zoning is whether or mot the request meets the capital improvements the County fe~l~ is necessary in this area; that the citizens who will some forward and speak during the puhllc comment period did not pay any cash proffers; that the applloant has agreed ts the dedication of a 45 foot wide s~rip along the front of the property adjoining Newbys Bridge Road for the purpose of stralghtenin~ one of the curves; and that tho .applicant has agreed to provide tho turn lanes warranted to assist traffic in and out of the subdivision. Se further stated that 36 lots will conform to R-i~ with a minimum house size of 1,600 square feet; that the applicant has proffered the restrletlva covenants which will set up an architectural ~ommittee to have a minimum of 1,600 feet for all 5we story homes; that the proffer~ total 9/4 of the purchase price Of the G~gory's home when all proffered conditions are considered; that water and sewer is available on the property; that the number of io~s h~vs been reduced ~rom tho R-~ request; and ~a~ th~ applicant has agreed to limit access through Jacobs Glen and to limit access to Nowbys Bridge Rea~ to one street ae~ess. ~e stated the appllcati:n was reviewed by the appropriat~ County departments who recommend approval; that none of the d~partments cited any health~ safety, an~ welfare concerns ~egerding this request; that the property owne~ is entitled to the highest and best uso of the property; ~ha~ the applicant has agreed ~o R-12 zoning; that residential zoning is moro appropriate and practical for ~hie property than the present use of the property; that it is unconstitutional to- inserters with private property rights of individual~; that the overall welfare ~f th~ peopl~ is of utmost importance; that the request cannot ~a'danied avon if it does not pay its own way; that by law, shortage of puhlic facilities, traffic, and school overcrowding are not reasons enough to deny zoning; and referenced various law regarding rezoning. ~e further stated the sase meets all requirements of tho County and requested the Board to approve the request. I'?~. Leu Lombard expressed concerns relative to in-fill development and constructing multi-unit he. sing developments at a great cost to the County where there is an inadoguate transportation system. ~e stated he feels the proffers are not enough to cover'the infrastructure cost to the County and to allow 3.2 units per acre is excessive. Mr. Ed DeSennaro expressed appreciation to everyone who has 1OD people in oppos~tlon of the ease who were p~e~ent at the meeting, ae stated tho i~sue is not One of cash proffers, but the health, ~afety, ahd ~elfa~e of area neighborhoods; that ~he neighborhood coalition he is representing consists of Jacob's Glen, Glenwood, Ashley Grove, Newbys Woods, Crsekweod, surrybrook, Taylsrs Landing, seltsen Farms, and Cabin Creek St%bdivisions; and ~equested tho Board to deny the request. He stated goning is not a right, but a tool to promote safe and harmonious communities; that zoning can be denied when the proposed development does not meet health, mafmty~ and welfare immu~m; that th~ development will not meet the ~rit~ria of the Code of Virq~_% and the Code of the County in the Zoning Ordinance; an~ that the proposed ~u~division will havaa significant nagative impact on tho health, safety, and welfare of the community. He further stated Newbys Bridge Road is a dangercu~ road; that ~hare are drainage and eromion prob~mm on N~wbym Bridg~ Road; that area roads will not be able to handle the 17.3 percent increase in traffic; that the additional traffic will impact Jacobs, Valencia, Newbys Bridge~ an'd Fordham Roads; that area schools will be negatively impactad by tho increase ef 95-55 1/25/95 ~tudents; that fhe Fire Department has stated asoess to the development is poor fer fire and rescue; that the Planning Commission rece~t~ended denial of b~th proposals presented hy the applicant for R-9 zoning e£ 81 homes and R-12 homes for 95 ~o~es; and requested the Boa~d to deny the rec/uest. Hr. John Deloia~ stated he is a resident of Gtenweed Subdivision; tha~ area residents are ooneerD~d about the negative i~p~ct the development wil'l have on the health, ~afety, and welfare ~ surrounding communities and the ~af~ty of children in the ar~a. ~e further stated school bus accidents have taken place on Nswbys Bridge Road; that tho ~lanning Commission feels that fundm needed to ~eke the necessary road improvements on New, ye ~ridqe Road far exceed any cash proffers that may be generated from thim development~ and requested the Beard tn d~ny the request. ~. Jeff Batsman stated he is the Principal at Jacobs Road Elementary schuol; that he feels the Board should take into consideration the overcrowding of schools when Zoning cases are approved; that Jacobs Road Blementary School is currently 121 students over ~apacity; and expressed nencern~ relative to the ~ncrea~ed traffic 'and additional overcrowdiuq of area schools if the development is approved_ He farther stated several serious school bus accidents have o=curr~d in the the road and he is concerned about the overall safety of the children in this area. ~s. Glen St0~t stated she represents JaOOb~ Road Elementary School an~ CreeRwood subdivision and expressed concerns relative to th~ overcrowding of schools in the ~utroundin~ area; that she feels before the Board appreves any a~diuicnal development, it needs to address the impacts the development Will have On the surrounding area; that the majority of area schools ar~ currently overcrowded; that she feels there should be ~o residential development for the next two ~u ~ive years to allow the County to catch-up; that there are other acceptable land uee~ other than residential; ~ha~ cash proffers have never been the issue; that ~he feels the County'm Land Use Plan needs to be reexamined; that they ere nat discriminating against first time homeowner~, however, first time homeowners usually have young children which will negatively impact school~; that this type of ~eve~opm~nt would negatively i~pact the health, safety, and welfare of $~bdXvision and he feels th~ majority of the people presen~ are o~os~ ~ ~his ease and roque~e~ ~he ~oard to d~ny tho request. Mr. Wally ~ordon mtn=ed he resides on Valenoia Road; =hat no one has ~roach~d him about =his request; that NeWbyS Bridge Road has always been a d=ngerou~ road; t~at ~e doe~ not feel is dangerous; that County schools have alway~ been Mr. Scott Piokus sCat~ he'~id~ in Creek~ood Subdivision; that pedestrians cannot safely use Newbys Bridge Road; ~hat area re~idents are not concerned that t~e Gregory's want to sell their property, but ar~ concerned about the req~e~t%d a~ditional population; and requested the Board to d~ny the request. Me. Betty Payne stated she re,ides on Newbys Bridge Road; expressed concerns relative to' the dangers of Newbyt Bridge Road; and stated she does net feel the road can handle any additional tr~£fic. She further stated if the request approved, improvements will be made ts Newb~s Bridge Rood and she will lose a part ef her property =o the improvement; that she understands the property earners righttr however, she feels her rights are being vielated if the request is approved. Ms. Deborah Rackman stated she is a life-long resident of the Chanty and has recently moved from Woodlake Subdivision to ~ewbys Bridge Road for a different lifestyle; that the wants ~he area to stay the same; that there are serious censequences to the request; that no one wants the applicant net ts'sell their ho~e; that the property does not have to be rezoned; that the property could be told at fair market value; and that her children cannot ride the ~cheel bus because cf a ditch on Newbys ~ri~ga Road that her children ~cuSd have to cresseve~ in order to ride the bu~. she welfare of the co,unity end requested the Board to deny the request. Mr. John Simpkins stated he is a resident of Ferdham Read and expressed concerns r~lative tc the traffic on Newbys Bridge Read; that ~crdham Read canner handle any additional traffic; and that he feel~ the health, safety, and welfare i~sue~ in the area nee~ te ~e ad,reseed before any additional development is approved. Subdivision, that population in this area is heavy, and requested the Board to d~ny-th~ request. Mr. Steve Atkin~on stated he resides in subdivision; that .Newbys Bridge Road does not need any a~ditional development; that the number cf additional children the development will generate cannot be controlled; and expressed concerns relative to the current overcrowding of area schools and additional overcrowding if the request ia approved. ~. Frank Greet ~t~ted he is a resident of Creakwood Subdivisien; that he i~ an accident investigator for an insurance company and has personally investigated many accidents on Newbys Bridge R~ad; that additional traffic ia not needed on New, ye Bridge Read; that ~e applicant can sell their property to unmans= ¢l~e; and requested th~ Board to deny the request. expressed ~o~cer~s relati=e to the traffic and dangers on Newbys Bridge Road; the negative impaot of feeder reads into other neighborhoods; and requested the Board to deny the request. Kr. Michael Pace ~tatad government i~ of, by, and for the people; that it is the responsibility of government to re~resent the citisens; that infrastructure is unavailable for further development along N~wb~s 8ridge Road; that approval cf the request would set a precedent; and that area development- He f~rther ~tat~d the area canner handle additional development; tha~ the Flanning Commission has unanimously recommended denial of the request; that the of the m~ny ou=welgh the needs and wants of a few; and requested the Board fo deny the request. 95-57 1/25/95 ~r. Linwood Stells state~ he re$i~e~ on ~e~bys Bridge ~oad and expressed concern~ relative to the dangers of NewDys Bridge Road including school buses bain9 unable to pass each other on opposite sides of %he read; kbat he drove a school bum for 22 years in the Gountyf that Newbys Bridge Read cannot handle any additional traffic; and that he feels there are bett=r usc~ for the applicant's property. Mr. ~aunders stated traffic on Newbys Sridge Road wac not created by the Gregory's; %hat one of th~ ochool bus accidents w~ C&n~d by the driver attending to a child running in the aislm of the bus; that many reads in the County have no shoulders; that government is a government of laws~ that County ochools ars already overcrowded; ~ha% Overcrowding of schools should have b~en ~topped a long time ago; that population is heavy in the County because i= is a good place to live; that th~ Board should dc what the law and statute requires; and requested the Board to apprpve the request, It wes generally agreed to recess for t~D minut~. Reoo~vening: Mr. Daniel expressed appreciation to everyone for their patience and stated he hun a deep friendship with Mr. maunders and he has received numerous calls and letters in ~upport and in opposition of the request. Ke further stated tho Board cf Supervisors ia net a court and zoning is not strictly a judicial question, but i~ a partnership of idea~ argued in a p~blic arena for which the public ossicial makes the call based on judgement from infe~ation presented. stated t~e applicant is a long-term reofdnnt of the County, that the applicant has a right to sell hi~ property, that the applicant's ~equeSt is in total conflict with public and the issue before the Board i~ whether the zoning proper. He further stated he has attempted to address specifies of each eide~ that he has met with citizen groups, the applicant, and the applicant'~ attorney to address this request; that.he feels the proper zoning for th~ aras at its highest use is R-12~ that beyond R-12~ there does not appear to be a common ground; and that R-12 is the zoning of p~efe~ence for all in-fill land along Newbys Bridge Road. sta:ed he has reviewed the land us~ aspect of the request, sp=cifieally, whet~ez t~e County is asking any more on thio zoning oa~e ~en cohere have given and referenced two similar cases -- Cross Creu~ and Ste~e~ill, He stated he does not rezoned provided that health, safety, an~ welfare ~msues are Newbys Bridge Road last year, in which 21 of those were school bus related; that th= Plan~ing Cc~i~oion revisited the entire zoning case and unanimously recemmended ~enlsl; that t~ere i~ limited zight diztance at the entrance of th~ prepooed suhdivision; and that improvements to Newbys Bridge rum-off and flooding on Newbys Bridge Read has not been has not been addressed; and that th%~-:i~p~et on.~ neighboring subdivisions has not beeu addrsesed7 ae stated individual has %l~e right to market his land; however~ the developer does a burden on the public and he feels the developer bas not addressed all of the necessary issues. He indicated he would have been comfortable with recommending approval e~ a request with reduced lots and less impact on the community. Mr. Daniel ~i~en made a motion for t]~e Board to deny ~¢$N0~0~. ~a clarified hs would n.o~ have recommen~e~ denial of a properly designed ~oning case which addressed the bro~d Mr. Warren ssnonded the ~otis~. Mr. Warren stated he feels all involved did a good job in presentinq the issues and he supports denial of the request based on the comments exl~ressed ~y the citizenm, the Dimtric~ Supervisor, and the Planning Commission, Mr. Daniel stated citizens are becoming more involved in p]a~in~, to properly ~tructur~ th~ future of th~ County. reasons enough for the ~oard to d~ny zoning ai~u~h ~ecf~ing a zoning cas~. ~e ~take~ %he Cuun~y currently has the $800 million in road imDrovemsnts is s~bisfie~, similar zoning forests will be denied. ~e fur~r stated he does not f~el this is th~ message the county wants to send and ~o~h and development is stopped in the County, taxes will He ~tmted he respects the. District Supervisor's Dosition regarding this re~es~, but he is still uncomfortable about entire County. Daniel, s~cuuded by ~r. Warren, for the ~oard to deny on ~otion of Nr. Barb~r~ ~ond~d by 5~r. Daniel, the Board adjourned at 9:30 p.m. until February 1, 1995 at 7:30 a.m. ~or a breakfast meeting w~th the Legislative Delegation at %~e Com~onweal=~ Parr Hotel. L~n~ .B. Ramsey County Administrator