10-28-1987 MinutesBOARD OF SUPERVISORS
MINUTES
October 28, 1987
Supervisors in Attendance:
Mr. Harry G. Daniel, Chairman
Mr. Jesse J. Mayes, Vice Chairman
Mr. G. H. Applegate
Mr. R. Garland Dodd
Mrs. Joan Girone
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Ms. Joan Dolezal,
Clerk to the Board
Ms. Alice Heffner,
Youth Svcs. Coord.
Mr. William Howell,
Dir., Gen. Services
Mr. Thomas Jacobson,
Dir. of Planning
Mr. Robert Masden,
Asst. Co. Admin. for
Human Services
Mr. R. J. McCracken,
Transp. Director
Mr. Jeffrey Mincks,
Senior Asst. Co. Atty.
Mrs. Pauline Mitchell,
Dir. of News/Info.
Services
Mr. Richard Sale,'Asst.
Co. Admin. for
Development
Ms. Jean Smith, Dir. of
Social Services
Mr. M. D. Stith, Jr.,
Dir. of Parks & Rec.
Mr. David Welchons,
Dir. of Utilities
Ms. Karen Waldron,
Asst. Co. Attorney
Mr. Frederick Willis,
Dir. of Human
Resource Management
Mr. Daniel called the meeting to order at 9:00 a.m. (EST).
1. INVOCATION
Mr. Daniel introduced Mr. R. Garland Dodd, Bermuda District
Supervisor, who gave the invocation in the absence of Reverend
Gerald Martens.
2. ?I~DGR OF ALLEGIANCE TO THE FLAG OF THE IINITF. D STATES OF
The Pledge of Allegiance to the Flag of the United States of
America was recited.
3. APPROVAL OF MINUTES
On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv-
ed the minutes of October 14, 1987, as submitted.
Vote: Unanimous
4. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Masden announced that the national organization of Keep
America Beautiful selected the Keep Chesterfield Clean Corpora-
tion and the Bermuda Run Ecology Program, as first and second,
respectively, in the nation among civic groups/youth projects
for their activities and unique efforts in keeping Chesterfield
87-811
County clean. He extended an invitation to the Board to attend
the national conference awards ceremony to be held in Washing-
ton, D.C., on December 11, 1987.
Mr. Mincks introduced and welcomed Mr. Stylian Parthemos, re-
cently employed Assistant County Attorney, and outlined his
educational and professional experience. The Board welcomed
Mr. Parthemos to the County.
Mr. Ramsey reported that Mr. Micas, County Attorney, was re-
covering very well from his recent emergency eye surgery. He
also noted that Mr. Dick McElfish, Director of Environmental
Engineering, would be absent for a short period due to a
combination of illnesses. Mr. Daniel commented there were
several other families being seriously impacted by recent
medical situations and expressed the Board's concerns for those
employees and their families.
5. BOARD COMMITTEE REPORTS
Mr. Daniel stated, at the October 14, 1987 work session, the
Board agreed to recommend to the Lake Genito Committee that the
Committee take the necessary steps to establish a Lake Genito
Water Authority and develop a contract for a Phase Two engi-
neering study, and the Committee, upon unanimous
agreement/direction of the jurisdictional members, agreed to do
SO.
Mr. Daniel reported he attended/observed the recently conducted
School Board Capital Improvement Program hearings and also
attended the Bond Closing proceedings conducted in New York for
the Courts Building, which proceedings were extremely well or-
ganized and structured. He stated the County was fortunate in
completing this process in the timely manner in which it did.
Mr. Applegate expressed his appreciation to those who
remembered him during his recent hospitalization. He stated he
was deeply touched by everyone's sentiments, visits, cards,
etc., and apologized if he had overlooked anyone in responding
to their many well wishes.
Mr. Applegate stated he attended the monthly Capital Region
Airport Commission meeting at which it was reported the Air-
port's growth, year-to-date, increased 12.8% versus last year's
statistics; stated it is anticipated additional ramp improve-
ments will transpire in the Spring, 1988 provided sufficient
funding is available; expansion of the concourse may be
necessary sooner than expected and noted approximately 91% of
Richmond regional citizenry are presently utilizing Richmond
International Airport for their air travel needs versus travel-
ing to Washington and Norfolk. He stated he attended a Press
Conference with Mr. Ramsey for the Regional Intergovernmental
Institute at which it was announced that a study of regional
needs through 2010 and 2020 would be conducted by Virginia
Commonwealth University (VCU), which study is funded by Media
General and whose staff will be interviewing local elected
officials.
Mrs. Girone reported that approximately 98% of Hunters Ridge
residents have signed contracts for connections to public water
and it is expected bids will be let as soon as the design cri-
teria is completed. She stated she traveled with the Coalition
of the Social Services Boards to visit Secretary Eva Teig to
present concerns regarding funding for Social Service needs;
attended two of the School Board's Capital Improvement Program
meetings, at which a considerable number of citizens became
distressed over discussions regarding long-distance busing; and
attended the ribbon-cutting ceremony for the opening of three
new soccer fields at the Robious Athletic Complex.
Mr. Daniel commented he had received several telephone calls
from members of the Dale Soccer League expressing concerns re-
garding the safety of the children utilizing the field at Iron-
87-812
bridge Park, the field's condition, etc., and requested that
staff investigate the situation.
Mr. Dodd reported the recent disposal of hazardous waste along
the roadside in the County, particularly in the Bermuda
District, has generated a mood of disgust, anger and hostility
among many people in the area. He expressed appreciation to
the Fire and Police Departments for their expeditious actions
in handling the removal of the material and the News and
Information Office for its media coverage and prompt
dissemination of information to the general public.
Mr. Mayes reported he attended the School Board's Capital
Improvement Program meeting at Matoaca High School and stated
he felt it was most encouraging to observe the citizens' part-
icipation in those discussions. He stated he felt the approach
of the School Board in going to the people to listen to their
comments regarding changes that will impact their lives is en-
couraging, and he hoped the School Board would continue to
follow such a policy in its future endeavors.
6. REQUESTS TO POSTPONE ACTION~ EMERGENCY ADDITIONS OR
CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Applegate, seconded by Mrs. Girone, the Board
adopted the agenda as presented but also accepted a petition,
signed by approximately 300 residents and other citizens who
utilize the Woodmont entrance off of Huguenot Road at St.
Edward's Catholic Church, requesting the installation of a
signal light at this intersection due to the hazardous
conditions that exist, to be forwarded to the Virginia
Department of Transportation; and further requested that VDOT
perform a traffic signal study and advise the County and
petitioners of its result.
Vote: Unanimous
7. RESOLUTIONS AND SPECIAL RECOGNITIONS
7.A. JAMES RIVER KIWANIS CLUB AND VIRGINIA POWER FOR DONATION
OF VAN TO BE UTILIZED BY DEPARTMENT OF SOCIAL SERVICES
Mr. Masden introduced Mr. E. F. Snead, representing the James
River Kiwanis Club, and Mr. H. A. Keever, Vice President of
Virginia Power, respectively, who were present to present the
Board with a title to a 1981 Dodge Passenger Van.
Mr. Snead stated he was pleased and proud to be involved, on
behalf of the James River Kiwanis Club, in the presentation of
the van. He stated the joint efforts of the public and private
sectors, to enhance employment opportunities of the Employment
Services Program's recipients by transporting clients to em-
ployment sites and/or work experience locations and assisting
with volunteer work affording social/recreational opportunities
to the Lucy Corr Nursing Home, is the first such special pro-
ject in Virginia. He stated it would serve as a pilot program
and prove, not only to Chesterfield County and the State of
Virginia but also to the nation, that the private sector can
make a difference in reducing welfare roles and financial
burden placed on government.
On motion of the Board, the following resolution was adopted:
WHEREAS, Cooperation by public, private and civic organi-
zations is encouraged and promoted in meeting human service
needs; and
WHEREAS, Organizations in Chesterfield County have re-
sponded in improving the quality of life and self-sufficiency
of iow-income families through volunteer efforts; and
WHEREAS, Virginia Power and The James River Kiwanis Club
87-813
are assisting the Department of Social Services through the
donation of a van to provide essential transportation to job
locations for its recipients; and
WHEREAS, The James River Kiwanis Club has volunteered its
time in meeting recreational activities of patients at the Lucy
Corr Nursing Home.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby expresses its sincere appre-
ciation and gratitude to Virginia Power and The James River
Kiwanis Club for their community involvement and further wishes
to recognize publicly their contributions to Chesterfield
County.
Vote: Unanimous
Mr. Daniel expressed the Board's wishes for the success of the
project and commended those involved for their fine efforts.
Mrs. Jean Smith, Director of Social Services, presented the
executed resolutions to Mr. Snead and Mr. Keever.
7.B. SOVRAN BANK FOR SPONSORING "MASQUERADE '87" AND CHESTER-
FIELD JAYCEES' "HAUNTED FOREST"
Mr. Stith introduced Mr. Russell Bowles, Jr. and Mr. William
Tulloh, Vice President and Senior Vice President, respectively,
of Sovran Bank who presented the Board with a contribution of
$900 to provide information, building materials, security,
etc., for the Masquerade '87 and Haunted Forest events.
On motion of the Board, the following resolution was adopted:
WHEREAS, The Chesterfield County Parks and Recreation De-
partment functions to positively enhance the quality of life in
Chesterfield County; and
WHEREAS, The provision of high quality special events re-
presents an important component of the Department's services;
and
WHEREAS, The Masquerade '87 and the Chesterfield Jaycees'
Haunted Forest represent an enjoyable, family-oriented celebra-
tion of Halloween, as well as serve as positive and safe alter-
natives to trick-or-treating for the community; and
WHEREAS, Sovran Bank has chosen to provide significant
support for this annual community-wide event.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors does hereby recognize Sovran Bank
for its generous contribution to the events and to the citizens
of Chesterfield County.
AND, BE IT FURTHER RESOLVED, that the Board of Supervisors
does hereby express its sincere appreciation and gratitude to
Sovran Bank for its goodwill and community concern.
Vote: Unanimous
Mr. Daniel expressed appreciation and gratitude, on behalf of
the Board and the citizens of Chesterfield County, to Sovran
Bank for its generous contribution to the events and for its
goodwill and community concern. Mr. Stith presented the execu-
ted resolution to Mr. Bowles and Mr. Tulloh.
7.C. DECLARING NOVEMBER 9-15, 1987 AS "CHESTERFIELD COUNTY
YOUTH WEEK"
Mr. Masden introduced Ms. Alice Heffner, Director of Office on
Youth, Ms. Carol Boisineau, Chairman of the Youth Services
Commission, and Mr. L. Curtis Albro, President of the James
River Optimist Club, who were present. He stated "Chesterfield
87-814
County Youth Week" will focus on activities recognizing the
contribution of County youth, focusing greater public attention
on issues affecting young people, etc.
On motion of the Board, the following resolution was adopted:
WHEREAS, The Board of Supervisors recognizes the import-
ance of the positive and healthy development of Chesterfield
County youth; and
WHEREAS, The Board of Supervisors established a Youth Ser-
vices Commission to advocate for youth and to create conditions
in our community to promote the well-being of young people; and
WHEREAS, The Youth Services Commission works with youth
and community members to organize programs that address the
needs of young people; and
WHEREAS, The Board of Supervisors acknowledges the efforts
of the Youth Services Commission and Optimist Club of James
River to stimulate constructive activities for youth; and
WHEREAS, Every day the youth of Chesterfield County con-
tribute their time, energy and spirit to their community; and
WHEREAS, The Chesterfield community has a responsibility
to be aware of youth accomplishments and youth needs.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors proclaims November 9-15, 1987
"Chesterfield County Youth Week" during which activities to re-
cognize the contribution of County youth and to focus public
attention on issues affecting young people will be held.
AND, BE IT FURTHER RESOLVED, that November 17, 1987 will
be Youth Awards Night at which young people who have demonstra-
ted courage, compassion and service will be awarded the honor
of "Outstanding Youth of Chesterfield County" by the Youth
Services Commission and the Optimist Club of James River.
Vote: Unanimous
Mr. Daniel expressed appreciation, on behalf of the County and
its citizens, for the efforts of all those involved in advocat-
ing a positive and healthy development of County youth. Ms.
Heffner presented the executed resolution to Ms. Boisineau and
Mr. Albro.
8. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAI~
There were no hearings of citizens on unscheduled matters or
claims.
9. DEFERRED ITEMS
9.A. RICHMOND REGIONAL PLANNING DISTRICT COMMISSION CITIZENS
TRANSPORTATION ADVISORY COMMITTEE
On motion of Mrs. Girone, seconded by Mr. Applegate, the Board
appointed Ms. Pat Szabo, of the League of Women Voters,
representing Chesterfield County at-large, to serve on the
Richmond Regional Planning District Commission Citizens
Transportation Advisory Committee, whose appointment is
effective immediately and will expire December 31, 1988.
Vote: Unanimous
Mr. Daniel excused himself from the meeting.
9.B. CHESTERFIELD COUNTY MUSEUM COMMITTEE
On motion of Mr. Dodd,
seconded by Mr.
87-815
Mayes, the Board
appointed the following persons to serve on the Chesterfield
County Museum Committee, whose terms are effective immediately
and are at the pleasure of the Board:
Mrs. Marguerite Christian
Mr. Marvin Reed
Mrs. Mary Vaden
Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone.
Absent: Mr. Daniel.
10. PUBLIC ~EARING$
10.A. TO CONSIDER THE LEASING OF REAL PROPERTY AT THE CHESTER-
FIELD COUNTY AIRPORT TO THE VIRGINIA DEPARTMENT OF STATE
POLICE TO OPERATE AN AIRCRAFT HANGAR AND OFFICE FACILITY
Ms. Waldron stated this date and time had been advertised for a
public hearing to consider the leasing of real property at the
Chesterfield County Airport to the Virginia Department of State
Police to operate an aircraft hangar and office facility.
No one came forward to speak in favor of or against the matter.
On motion of Mr. Applegate, seconded by Mrs. Girone, the Board
approved and authorized the County Administrator to execute the
necessary documents to lease an aircraft hangar and office fa-
cility at the Chesterfield County Airport to the Virginia De-
partment of State Police for a period of five (5) years with a
renewal provision.
Ayes: Mr. Mayes, Mr. Applegate, Mr. Dodd and Mrs. Girone.
Absent: Mr. Daniel.
Mr. Daniel returned to the meeting.
10.B. TO AMEND THE 1987-88 BUDGET WITH AN APPROPRIATION OF
$2~400,000 FROM HMK CORPORATION FOR ADDITIONAL ACCESS
IMPROVEMENTS TO POWHITE PARKWAY
Mr. Stegmaier stated this date and time had been advertised for
a public hearing to amend the 1987-88 Budget with an appropria-
tion of $2,400,000 from HMK Corporation for additional access
improvements to the Powhite Parkway. He stated the Board pre-
viously approved a plan whereby the private sector bears the
cost of certain alternative designs for the Powhite Parkway
and, even though the County is only a conduit of the funding, a
public hearing is required to appropriate the funds for expend-
iture.
No one came forward to speak in favor of or against the matter.
On motion of Mrs. Girone, seconded by Mr. Applegate, the Board
appropriated $2,400,000 of revenue received from HMK Corpora-
tion for the cost of certain alternative designs for the Pow-
hite Parkway and authorized expenditure payment of said funds
to the Virginia Department of Transportation, in accordance
with an agreement as approved and signed between the County of
Chesterfield and HMK Corporation on June 18, 1986, and as ap-
proved by the Board of Supervisors on April 23, 1986.
Ayes: Mr. Daniel, Mr. Applegate, Mr. Dodd and Mrs. Girone.
Abstention: Mr. Mayes.
10.C. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTER-
FIELD, 1978, AS AMENDED., BY AMENDING AND REENACTING
SECTION 14.1-26 RELATING TO FEES FOR TRANSFER OF COUNTY
VEHICLE LICENSES
Ms. Waldron stated this date and time had been advertised for a
public hearing to consider an ordinance to amend th~ County
Code relating to fees for transfer of County vehicle licenses.
87-816
She stated the Commissioner of Revenue and Treasurer requested
certain changes to this ordinance to provide a smoother admin-
istration of the proration program.
No one came forward to speak in favor of or against the pro-
posed ordinance.
After some discussion of the matter, it was on motion of Mr.
Applegate, seconded by Mrs. Girone, resolved that the Board
adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1978, BY AMENDING AND REENACTING
SECTION 14.1-26
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter 14 of the Code of the County of Chester-
field, Virginia is amended and reenacted by amending the
following section:
Sec. 14.1-26.
Issuing; display of tags; transferability; pay
ment of personal property taxes prerequisite to
issuance.
Any person coming under the provisions of this article
shall make application for license upon forms prescribed by the
treasurer of the county and at such places as he may designate
and, upon payment of the required tax shall be issued, as evi-
dence, tins or tags, or other indicia.
OOO
It shall be unlawful for any person to whom a license
plate or other indicia of license is issued upon payment of any
license tax prescribed in this article to give, loan, rent,
sell, assign or transfer such license plate or other indicia of
license to another or to otherwise permit another to use in any
manner such license plate or other indicia of the license tax
year for which same is issued. Any owner who sells or trans-
fers a registered motor vehicle, trailer or semitrailer may
have the license indicia assigned to another vehicle titled in
such owner's name according to the provisions of this article
which is in a like vehicle class as specified in Sections
14.1-20 and 14.1-21 and which requires an identical license
fee, upon application to the treasurer and surrender of the old
license plate or indicia. If such other vehicle requires a
greater license fee than that for which the license was assign-
ed, then, upon the payment of the difference in license fees
between the two (2) vehicles and surrender of license indicia,
an indicia of transfer will be issued.
OOO
(2)
1, 1988 .
That this ordinance shall become effective on January
Vote: Unanimous
10.D. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTER-
FIELD, 1978~ AS AMENDED, BY AMENDING AND REENACTING SEC-
TIONS 8-13, 8-13.01, 8-13.02 AND 8-13.03 RELATING TO PRO-
RATION OF TANGIBLE PERSONAL PROPERTY TAXES
Ms. Waldron stated this date and time had been advertised for a
public hearing to consider an ordinance to amend the County
Code, relating to proration of tangible personal property
taxes.
She stated the Commissioner of Revenue and Treasurer requested
certain changes to this ordinance to provide a smoother admin-
istration of the proration program.
87-817
No one came forward to speak in favor of or against the pro-
posed ordinance.
Mr. Dodd stated he had no involvement regarding the Commission-
er of Revenue's and Treasurer's request for certain changes to
this ordinance, as the changes relate to mobile homes and the
ordinance is of general applicability. He stated he wished the
record to reflect that, although a large number of mobile homes
are located in his district and he is in the mobile home
business, he did not have a conflict in this matter and
intended to vote.
On motion of Mr. Applegate, seconded by Mrs. Girone, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1978, BY AMENDING AND REENACTING
SECTIONS 8-13, 8-13.01, 8-13.02 AND 8-13.03, RELAT-
ING TO PRORATION OF TANGIBLE PERSONAL PROPERTY TAXES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter 8 of the Code of the County of Chester-
field, Virginia is amended and reenacted by amending the
following sections:
Sec. 8-13. Payment.
(a) The tangible personal property tax levied on personal
property, including mobile homes and the machinery and tool tax
levied on machinery and tools situated in the County shall be
due and payable on June 5th of each calendar year; provided,
however, that any prorated tax levied on motor vehicles shall
be due and payable in accordance with Section 8-13.01 et seq.
Any person failing to pay any such taxes on or before the due
date shall incur a penalty thereon of 10% which shall be added
to the amount of taxes from such taxpayer which when collected
by the treasurer shall be accounted for in his settlement.
(b) Ail returns of tangible personal property, including
mobile homes, machinery and tools subject to taxation, shall be
filed by every person liable for the tax with the office of the
Commissioner of the Revenue on forms furnished by it, on or be-
fore March 1 of each calendar year; provided, however, that
every person liable for any prorated tax shall file a return in
accordance with Section 8-13.02. Any person failing to file
such return on or before the due date shall incur a penalty
thereon of 10% which shall be added to the amount of taxes or
levies due from such taxpayer, which, when collected by the
Treasurer, shall be accounted for in his settlement; provided,
however, that there shall be no penalty for any person liable
for a prorated tax who fails to file a return.
OOO
Sec. 8-13.01. Proration of personal property tax.
(a) The tangible personal property tax shall be levied
upon motor vehicles which have acquired a situs within the
county after January 1 of any tax year for the balance of the
tax year. Such tax shall be prorated on a monthly basis. The
tax shall be due and owing within thirty (30) days of the bill-
ing as indicated on the bill from the treasurer. Any person
failing to pay any taxes on or before the due date shall incur
penalties and interest as set forth in Section 8-13 of this
chapter.
(b) When any person acquires a motor vehicle with situs
in the county after January 1 or situs day, the tax shall be
assessed for the portion of the tax year during which the new
owner owns the motor vehicle and it has situs in the county.
(c) When any motor vehicle loses its situs after January
1 or after the day on which it acquired situs ("situs day"),
87-818
the tax shall be relieved and the appropriate amount of tax
which shall be prorated on a monthly basis, shall be refunded
if such tax has already been paid.
(d) When any person sells or otherwise transfers title to
a motor vehicle with a situs in the county after January 1 or
situs day, the tax shall be relieved, prorated on a monthly
basis, and the appropriate amount of tax already paid shall be
refunded.
(e) For the purposes of proration under Section 8-13.01
(a)-(d), a period of more than one-half of a month shall be
counted as a full month and a period of less than one-half of a
month shall not be counted.
(f) Any refund shall be made within thirty (30) days of
the date the county determines that the tax is properly reliev-
ed. At the option of the taxpayer, any refund due under Sec-
tion 8-13.01 (c) or (d) may be credited against the tax due on
any motor vehicle owned by the taxpayer during the same tax
year.
Sec. 8-13.02. Filing of returns; late penalty; interest.
(a) Ail returns of motor vehicles which acquire situs in
the county or are transferred to a new owner in the county
after January 1 or situs day, shall be filed by every person
liable for the tax with office of the commissioner of revenue
on or before the 30th day from 1) situs day or 2) the date of
transfer to the'new owner if situs remains in the county.
Sec. 8-13.03. Exemptions.
Property shall be exempt from the levy of such tax for any
tax year or portion thereof during which the property was
legally assessed by another jurisdiction in the Commonwealth
and the tax was paid and not refunded in whole or in part.
(2)
1988.
That this ordinance shall be effective on January 1,
Vote: Unanimous
11. NEW BUSINESS
ll.A. SET DATE FOR PUBLIC HEARINGS
ll.A.1. TO CONSIDER AN ORDINANCE MAKING IT UNLAWFUL TO PERMIT
FOWL TO TRESPASS ON PROPERTY OWNED BY OTHERS
Mr. Mayes stated the intent of the proposed ordinance is to
provide protection to those individuals with gardens, etc.,
from the trespass of fowl owned by others and to prevent fowl
from running at large upon the public highways. Mr. Daniel
expressed concerns regarding enforcement of such an ordinance.
When asked, Ms. Waldron stated enforcement of such an ordinance
would be the responsibility of the Animal Control Department,
which process would be similar to the prohibition of dogs
running at large. Mr. Daniel stated he felt there exists
sufficient civil recourse for the disposition of situations
whereby fowl trespass on property owned by others.
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board set the
date of November 25, 1987, at 9:00 a.m., for a public hearing
to consider an ordinance to amend the Code of the County of
Chesterfield, 1978, as amended, by adding Section 5-1.1:1, re-
lating to trespass by fowl.
Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone.
Nays: Mr. Daniel and Mr. Applegate.
87-819
ll.A.2. TO CONSIDER AMENDMENTS TO WATER AND SEWER ORDINANCE RE-
LATING TO USE OF WATER AND SEWER SERVICES
On motion of Mr. Applegate, seconded by Mr. Dodd, the Board set
the date of November 25, 1987, at 9:00 a.m., for a public hear-
ing to consider an ordinance to amend the Code of the County of
Chesterfield, 1978, as amended, by amending Section 20-1.4 and
adding Section 20-1.11:1 and Section 20-1.14:1, relating to the
use of water and sewer services.
Vote: Unanimous
ll.A.3. TO CONSIDER CONVEYANCE OF REAL PROPERTY AT CHALKLEY
ELEMENTARY SCHOOL FOR OPERATION OF FOOD CONCESSIONS
On motion of Mr. Daniel, seconded by Mr. Applegate, the Board
set the date of November 25, 1987, at 9:00 a.m., for a public
hearing to consider the conveyance of real property at Chalkley
Elementary School for the operation of food concessions by the
Chalkley Athletic Association.
Vote: Unanimous
ll.B. APPOINTMENTS
ll.B.1. RICHMOND METROPOLITAN PLANNING ORGANIZATION
On motion of Mr. Applegate, seconded by Mr. Dodd, the Board
suspended the rules to permit the simultaneous nomination/ap-
pointment of Mr. James R. Banks, Engineering Supervisor of the
Transportation Department, to fill an existing vacancy in the
Richmond Metropolitan Planning Organization.
Vote: Unanimous
On motion of Mr. Applegate, seconded by Mr. Dodd, the Board
nominated and appointed Mr. James R. Banks, Engineering Super-
visor of the Transportation Department, representing Chester-
field County, to serve as an alternate member on the Richmond
Metropolitan Planning Organization, whose term is effective
immediately and is at the pleasure of the Board.
Vote: Unanimous
ll.B.2. JAMES RIVER CERTIFIED DEVELOPMENT CORPORATION
On motion of Mr. Applegate, seconded by Mr. Dodd, the Board
suspended the rules to permit the simultaneous nomination/ap-
pointment of Mr. Charles J. Blankenship, Director of Economic
Development, to fill an existing vacancy in the James River
Certified Development Corporation.
Vote: Unanimous
On motion of Mr. Applegate, seconded by Mr. Dodd, the Board
nominated and appointed Mr. Charles J. Blankenship, Director of
Economic Development, representing Chesterfield County, to
serve on the James River Certified Development Corporation,
whose term is effective immediately and is at the pleasure of
the Board.
Vote: Unanimous
ll.C. CONSENT ITEMS
ll.C.1. DESIGNATION OF DEPUTY CLERK TO THE BOARD OF SUPERVISORS
On motion of Mr. Applegate, seconded by Mr. Mayes, the Board
designated Mrs. Linda Lewis as Deputy Clerk to the Board of
Supervisors, effective immediately.
Vote: Unanimous
87-820
11.C.2. REQUESTS FOR BINGO/RAFFLE PERMITS
On motion of Mr. Applegate, seconded by Mr. Mayes, ~the Board
approved requests for bingo/raffle permits for the following
organizations for the calendar year, as indicated:
La Societe Pes 40 Homes Et 8
Chevaux v. 1530
(1988)
Bingo/Raffle
Stanhope Junior Woman's Club
{1987) Raffle
Vote: Unanimous
11.C.3. ACCEPTANCE OF SETTLEMENT OFFER RELATING TO ETTRICK FIRE
STATION ROOF
On motion of Mr. Applegate, seconded by Mr. Mayes, the Board
approved and authorized the County Administrator to execute a
settlement agreement with Constitution State Service Company
(insurance carrier for the roofing materials manufacturer,
Kopper Company, Inc.) accepting the amount of $6,300 as agreed
for temporary repairs to the Ettrick Fire Station roof and ap-
ply said funds toward the cost of replacing the complete roof,
which replacement is estimated to be approximately $9,200. (It
is noted execution of a settlement agreement waives the
County's rights to sue the manufacturer in the future.)
Vote: Unanimous
ll.D. COMMUNITY DEVELOPMENT ITEMS
ll.D.1. TRANSFER OF FUNDS FROM RESTINGWAY DRAINAGE PROJECT TO
HOPKINS ROAD DRAINAGE PROJECT
On motion of Mr. Daniel, seconded by Mr. Applegate, the Board
approved and authorized the County Administrator to transfer
$36,020 from the Restingway Lane Drainage Project to the Hop-
kins Road Drainage Project for the purpose of removing,
installing and restoring driveway culverts located in a County
maintained easement for four (4) lots fronting Hopkins Road
across from Falling Creek Middle School; and to execute the
necessary documents awarding contracts to Tarmac-Lonestar, in
the amount of $9,340, to supply the pipe and to John Marshall,
Inc., in the amount of $26,680, to perform the work for said
project.
Vote: Unanimous
ll.D.2. APPROPRIATION OF BERMUDA DISTRICT 3 CENT ROAD FUNDS
FOR STORM SEWER CONSTRUCTION IN WILDWOOD SUBDIVISION
On motion of Mr. Dodd, seconded by Mr. Mayes, the Board appro-
priated $2,000 from the Bermuda District 3 Cent Road Fund for
the purchase of materials for the construction of a drop inlet
and related storm sewer along 11817 Shady Lane in Wildwood Sub-
division to alleviate a long standing drainage concern. (It is
noted County staff will perform the necessary work.)
Vote: Unanimous
ll.D.3. STREET LIGHT INSTALLATION COST APPROVALS
On motion of Mr. Mayes,
approved street light
locations:
seconded by Mr. Dodd,
installations for the
the Board
following
Intersection of Cherylann Road and Vickilee Road ($467.00)
- Clover Hill District;
87-821
2. Intersection of Twelve Oaks Road and North Bailey Bridge
Road ($1,451.24) - Matoaca District;
3. Intersection of Glentara Drive and North Bailey Bridge
Road ($961.24) - Matoaca District;
4. Intersection of Bridgewood Road and Fort Sumter Road
($997.24) - Matoaca District;
5. Intersection of Twelve Oaks Road and Bridgewood Road
($1,023.24) - Matoaca District;
6. Intersection of Glentara Drive and Bridgewood Road
($997.24) - Matoaca District;
7. Intersection of Twelve Oaks and White Manor Lane ($997.24)
- Matoaca District;
8. Intersection of Glentara Drive and White Manor Lane
($1,096.24) - Matoaca District;
9. Intersection of Twelve Oaks Road and Ohara Drive ($997.24)
- Matoaca District; and
10. Intersection of Brookview Drive and Bridgewood Road
($1,158.24) - Matoaca District.
And further, the Board appropriated $467.00 for the Clover Hill
District installation from the Clover Hill District Street
Light Fund and appropriated $5,228.00 from the Matoaca District
Street Light Fund and $4,451.16 from the Matoaca District Three
Cent Road Fund for the Matoaca District installations.
Vote: Unanimous
ll.D.4. STREET LIGHT REQUESTS
Mr. Dodd stated, although staff has indicated the request for a
light midway the street on Southland Drive does not meet the
criteria, he felt there are extenuating circumstances in that
there is a skating rink in the area frequented by youth, and a
street light in this vicinity would afford lighting and safety
for them.
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
approved the installation of street lights at the following
locations, with funds to be expended from the appropriate
District Street Light Fund as indicated:
Intersection of Southland Drive and Jefferson Davis High-
way and Southland Drive, midway the street (Bermuda Dis-
trict);
Intersection of Happy Hill
(Matoaca District);
Road and Harrowgate Road
Intersection of Happy Hill Road and Sherri Drive (Matoaca
District); and
Intersection of Happy Hill Road and South Chester Road
(Matoaca District).
Vote: Unanimous
Mr. Daniel requested that staff meet with the principal of
Falling Creek Middle School to address the need for additional
lighting and/or lighting improvements along Hopkins Road in the
vicinity of the school.
87-822
ll.E. UTILITIES DEPARTMENT ITEMS
ll.E.1. AMENDMENT TO CITY/COUNTY WATER CONTRACT
Mr. Sale stated on December 1, 1979 the City of Richmond and
Chesterfield County entered into a joint water contract to pro-
vide water to the extent available from their water distribu-
tion system each to the other for resale to water customers
located within the receiving jurisdiction and to establish a
purchase rate. He stated the City of Richmond has requested
that the purchase rate be increased from 40 cents per hundred
cubic feet to 70 cents per hundred cubic feet to bring the
charges in line with the cost of providing the service.
On motion of Mr. Dodd, seconded by Mrs. Girone, the Board ap-
proved and authorized the County Administrator to execute, on
behalf of the County, an amendment to the 1979 Supplemental
Water Agreement between the City of Richmond, Virginia, and the
County of Chesterfield, Virginia, providing for an increase in
water charges from 40 cents to 70 cents per ccf. (A copy of
which agreement is filed with the papers of this Board.)
Vote: Unanimous
ll.E.2. CONSIDER CONDEMNATION PROCEEDINGS TO OBTAIN WATER AND
TEMPORARY CONSTRUCTION EASEMENTS ACROSS PROPERTY OF MR.
AND MRS. GEORGE P. EMERSON
On motion of Mr. Dodd, seconded by Mr. Mayes, the Board autho-
rized the County Attorney to institute condemnation proceedings
against the following property owners if the amount as set
opposite their names is not accepted. And be it further
resolved that the County Administrator notify said property
owner by registered mail on October 29, 1987 of the County's
intention to enter upon and take the property which is to be
the subject of said condemnation proceedings. This action is
on an emergency basis and the County intends to exercise
immediate right of entry, pursuant to Section 15.1-238.1 of the
Code of Virginia.
George P. & Mildred H. Emerson, Sr., Tax Map 117-15 (1)($447.00
George P. & Darlene B. Emerson, Jr., Parcels 3 and 51 (
Vote: Unanimous
ll.E.3. CONSENT ITEMS
ll.E.3.a. APPROVAL OF SEWER CONTRACT FOR REPLACEMENT OF ETTRICK
PUMP STATION
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
approved and authorized the County Administrator to execute the
necessary documents awarding Contract Number S86-72R for the
replacement of Ettrick Pump Station including Alternative A to
the lowest bidder, Norcarva Contractors, Inc., in the amount of
$342,205.00. (It is noted funds for this project were appro-
priated in the 1986-87 and 1987-88 Capital Improvements Bud-
get.)
Vote: Unanimous
ll.E.3.b. APPROVAL OF WATER CONTRACT TO SERVE EDENSHIRE SUB-
DIVISION
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
approved and authorized the County Administrator to execute the
necessary documents awarding Contract Number W87-10C for the
construction of water lines to serve Edenshire Subdivision to
the low bidder, Castle Equipment Corporation, in the amount of
$129,324.65, and transferred an additional $34,000 from
5H-5835-700R Contingency to 5H-5835-710R. (It is noted
87-823
$121,600 was previously appropriated from 5H-5835-600R for this
project.)
Vote: Unanimous
ll.E.3.c. ACCEPTANCE OF DEED OF DEDICATION ALONG CROWDER DRIVE
FROM MR. AND MRS. WILLIS H. THOMPSON
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
approved and and authorized the County Administrator to execute
the necessary deed of dedication accepting, on behalf of the
County, the conveyance of a 15' strip of land along Crowder
Drive from Mr. Willis H. Thompson and Mrs. Katie O. Thompson.
(A copy of the plat is filed with the papers of this Board.)
Vote: Unanimous
ll.E.3.d. ACCEPTANCE OF DEED OF DEDICATION ALONG HUGUENOT ROAD
FROM MR. AND MRS. EDWARD S. CARL
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
approved and and authorized the County Administrator to execute
the necessary deed of dedication accepting, on behalf of the
County, the conveyance of a 15' strip of land along Huguenot
Road from Mr. Edward S. Carl and Mrs. Norma B. Carl. (A copy
of the plat is filed with the papers of this Board.)
Vote: Unanimous
ll.E.3.e. ACCEPTANCE OF DEED OF DEDICATION ALONG GROVE ROAD
FROM MS. WILMA L. PEARSON
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
approved and and authorized the County Administrator to execute
the necessary deed of dedication accepting, on behalf of the
County, the conveyance of a 5' strip of land along Grove Road
from Ms. Wilma L. Pearson. (A copy of the plat is filed with
the papers of this Board.)
Vote: Unanimous
ll.E.4. REPORTS
Mr. Sale presented the Board with a report on the developer
water and sewer contracts executed by the County Administrator.
ll.F. REPORTS
Mr. Ramsey presented the Board with a status report on the Gen-
eral Fund Contingency Account, General Fund Balance, Road Re-
serve Funds, District Road and Street Light Funds, Lease Pur-
chases, School Literary Loans and School Board Agenda.
There was considerable discussion regarding the disposition of
monies approved in the 1981 and 1985 Bond Referendums targeted
for projects in certain schools, the total indebtedness of the
School System, etc. The Board requested that staff provide an
audit of the Literary Loan funds, a complete documentation of
what bond funds have and have not been spent, which projects
were suggested and approved, an accounting of total school
indebtedness, etc.
Mr. Applegate inquired if the information and figures provided
in the report by staff on the Governor's "Commission on
Transportation in the 21st Century" program, which transpired
as a result of the road program approved in the Special Session
of the General Assembly last year, were accurate. Mr. Daniel
stated the data was documented by more than one source, it is
accurate and documentation of the material is available. (A
copy of said report is filed with the papers of this Board.)
87-824
ll.G. EXECUTIVE SESSION TO DISCUSS THE DISPOSITION OF PUBLICLY
HELD PROPERTY AND A PROSPECTIVE BUSINESS OR INDUSTRY WHEN
NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESS'S
OR INDUSTRY'S INTEREST IN LOCATING IN THE COMMUNITY
PURSUANT TO SECTIONS 2.1-344 (a) (2) and (4), RESPECT-
IVELY, OF THE CODE OF VIRGINIA, 1950, AS AMENDED
On motion of Mr. Applegate, seconded by Mr. Mayes, the Board
went into Executive Session to discuss the disposition of pub-
licly held property and a prospective business or industry when
no previous announcement has been made of the business's or
industry's interest in locating in the community, pursuant to
Sections 2.1-344 (a) (2) and (4), respectively, of the Code of
Virginia 1950, as amended.
Vote: Unanimous
Reconvening:
ll.H. TOUR OF FACILITIES
ll.H.1. BUILDING INSPECTION OFFICE
ll.H.2. HUMAN SERVICES BUILDING
It was generally agreed the Board would tour the Building In-
spection Office and Human Services Building facilities at a
later date.
ll.I. LUNCH
The Board recessed to travel to Bella Italia Restaurant for
lunch.
Reconvening:
Mr. Daniel called the meeting to order at 2:00 p.m. (EST).
ll.J. REZONING REQUESTS
87S052
In Midlothian Magisterial District, MICHAEL T. BARR requested a
thirty (30) day deferral of consideration for rezoning from Ag-
ricultural (A) to Office Business (0) with Conditional Use
Planned Development on a 10 acre parcel fronting approximately
500 feet on the south line of Midlothian Turnpike, across from
Old Buckingham Road. Tax Map 16-9 (1) Parcel 13 (Sheet 7).
Mr. Jacobson stated the applicant requested a thirty (30) day
deferral, having made commitments which preclude attendance to
the Board of Supervisors' Zoning Session this date.
There was no opposition present to the request for a deferral.
On motion of Mr. Applegate, seconded by Mr. Mayes, the Board
deferred Case 87S052 until November 25, 1987.
Ayes: Mr. Daniel, Mr. Mayes, Mr. Applegate and Mr. Dodd.
Absent: Mrs. Girone.
87S137
In Midlothian Magisterial District, FRICK MOTOR GALLERY, INCOR-
87-825
PORATED requested a thirty (30) day deferral of consideration
of rezoning for a Conditional Use Planned Development to permit
an automobile dealership and exceptions to setback and sign re-
quirements in a Community Business (B-2) District. This re-
quest lies on a 1.3 acre parcel fronting approximately 270 feet
on the north line of Midlothian Turnpike, approximately 125
feet east of Alverser Drive, also fronting approximately 103
feet on Alverser Drive, and lies northeast of the intersection
of these roads. Tax Map 16-12 (1) Parcels 2 and 3 and Part of
Parcels 1 and 4 (Sheet 7).
Mr. Jacobson stated this request was double advertised; how-
ever, the Planning Commission at its October 20, 1987 meeting,
at the applicant's request, deferred the request to its
November 17, 1987 meeting. He stated the Board should, there-
fore, defer this request to allow the Planning Commission to
make a recommendation.
There was no opposition present to the request for a deferral.
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
deferred Case 87S137 until December 9, 1987.
Vote: Unanimous
87Sl10
In Clover Hill Magisterial District, BRADLEY INVESTMENTS, LIMI-
TED requested rezoning from Agricultural (A) and General Busi-
ness (B-3) to Residential-Townhouse (R-TH). A residential-
townhouse development is planned. This request lies on a 58.5
acre parcel fronting on the north line of Hull Street Road in
four (4) places for a total of approximately 2,700 feet, across
from Winterpock Road. Tax Map 75-1 (1) Parcels 1 and 12; Tax
Map 75-2 (1) Part of Parcel 2; and Tax Map 75-5 (1) Part of
Parcel 1 (Sheet 20).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to a single condition and accept-
ance of the applicant's proffered conditions.
There was no opposition present.
Mr. Jim Hayes, representing the applicant, stated the recom-
mended condition was acceptable.
When asked, Mr. Hayes stated the developer had indicated the
price range of the townhouses would be approximately $150,000.
On motion of Mr. Applegate, seconded by Mr. Dodd, the Board ap-
proved Case 87S110, subject to the following condition:
A fifty (50) foot building setback and buffer, exclusive
of easements, shall be provided along Hull Street Road
(Route 360). Prior to recordation of subdivision plats,
the developer shall flag this setback and buffer for in-
spection by the Planning Department. The area within this
setback and buffer shall be planted and/or left in its
natural state if there is sufficient vegetation to provide
adequate screening. If sufficient vegetation does not
exist, a landscaping plan shall be approved by the Plann-
ing Department and a bond posted to cover the cost of
implementing the plan, prior to recordation of subdivision
plats. No signs shall be permitted in this setback and
buffer, except one subdivision identification sign in con-
junction with an approved landscaping plan. This setback
and buffer shall be noted on final check and record plats.
The Planning Commission may modify this condition at the
time of POD and/or tentative subdivision review. (P&T)
And further, the Board accepted the following proffered condi-
tions:
1. A twenty (20) foot wide strip along State Route 360 (Hull
87-826
Street Road) will be dedicated to and for the County of
Chesterfield, free and unrestricted.
2. The maximum density shall not exceed 4.00 units/acre.
Vote: Unanimous
87S100
In Midlothian Magisterial District, SIGMA C.J. ASSOCIATES AND
PETULA ASSOCIATES, LTD. requested amendment to Conditional Use
Planned Development (Case 85S138) relative to the amount of
development permitted prior to specific road improvement con-
tracts being let. This request lies in an Office Business (O)
District on a 172.6 acre parcel fronting approximately 4,300
feet on the west line of Chippenham Parkway, also fronting
approximately 50 feet on Jahnke Road, and located in the south-
west quadrant of the intersection of these roads. Tax Map 19-1
(1) Parcel 16; Tax Map 19-5 (1) Parcels 1, 3, and 4; and Tax
Map 19-9 (1) Parcel 8 (Sheets 8 and 9).
Mr. Jacobson stated the Planning Commission recommended denial
because the applicant could not accept a deferral for staff to
review a final traffic study; however, should the Board approve
the request, the Commission recommended only Condition 1 should
be imposed. He stated staff recommended approval subject to
the Virginia Department of Transportation's approval of the
final location and design of the improvement for the loop and
ramp in the southeast quadrant of Jahnke Road/Chippenham Park-
way interchange.
Mr. Edward Willey, Jr., representing the applicant, stated the
staff recommendation is acceptable. He stated the conditions
of zoning require that, except for construction traffic, access
to Jahnke Road is prohibited until certain road improvements
are complete, and, to date, contracts for all the required road
improvements have been let except for the improvements to the
loop and ramp in the southeast quadrant of the Jahnke
Road/Chippenham Parkway interchange. He stated the developer
has estimates and is in a position to let said contracts for
this improvement; however, VDOT has not completed its negotia-
tions for right of way across property owned by Chippenham
Hospital and contracts cannot be let unless VDOT owns the
necessary right of way. He stated, therefore, the applicant is
requesting amendment to the Conditional Use Planned Development
to allow the entire permitted development to be constructed
prior to contracts being let for improvements to the loop and
ramp in the southeast quadrant of Jahnke Road/Chippenham
Parkway interchange.
When asked, Mr. McCracken stated the construction for the con-
nection of Chinaberry Boulevard to Jahnke Road is in place;
however, there is a barricade that prohibits movement of
north/south traffic from Route 60 to Jahnke Road. He stated
the County has received sureties for all of the required road
improvements from the developer, conditions additionally re-
quire that if the amount of the sureties needs to be modified
the County can require those modifications.
Mr. Tom O'Brien with Hunton and Williams, representing Chippen-
ham Hospital, reiterated concerns that allowing additional
traffic from the Boulders and through traffic from Route 60 on-
to Jahnke Road, prior to the completion of the Jahnke
Road/Chippenham Parkway interchange improvements, will adverse-
ly impact emergency/non-emergency vehicular access to Chippen-
ham Hospital.
When asked, Mr. McCracken stated the existing conditions will
prevent the connection of Chinaberry Boulevard to Jahnke Road
until all the required improvements associated with this pro-
ject are in place. He stated staff felt that, with the com-
pletion of the widening of Jahnke Road to four (4) lanes and
the completion of the Powhite interchange, the connection of
Chinaberry Boulevard to Jahnke Road could be accelerated and,
87-827
in his opinion, this access would not generate an adverse im-
pact on Jahnke Road.
Mr. O'Brien stated there is concern regarding the delay between
completion of the interchange and allowing Chinaberry Boulevard
to access Jahnke Road prematurely. Mr. Applegate stated that
it seemed to him that, if one were to access Jahnke Road by
Chippenham Parkway and Chinaberry Boulevard, there would be a
dual access thereby providing emergency vehicles easier access
to the hospital if there were an accident on Route 60 or Jahnke
Road. Mr. O'Brien reiterated concern that allowing additional
traffic on Jahnke Road before the improvements are in place at
the Jahnke Road/Chippenham Parkway interchange to handle that
additional traffic will overall have an adverse impact on the
citizens of Chesterfield County and the City of Richmond. Mr.
Applegate stated he did not see that connecting traffic from
Chinaberry Boulevard to Jahnke Road would necessarily increase
the traffic flow as the volume of traffic traveling to Chippen-
ham Hospital would travel Chippenham Parkway or Chippenham Park-
way/Chinaberry Drive. Mr. O'Brien stated this connection would
result in a different flow in the traffic pattern, and the Hos-
pital's traffic consultants have determined such action would
generate a potential for traffic problems in accessing the
hospital.
Mrs. Girone stated, for clarification, the original application
did not include Condition 2 and she felt the Board should de-
lete said condition as recommended by the Planning Commission.
Mr. James Harrison, representing HMK Corporation, stated the
condemnation petition to condemn Chinaberry Drive from its pre-
sent terminus to Jahnke Road, filed by VDOT, was dismissed in
Chesterfield County Circuit Court on the previous day and added
that it is possible the connection of Chinaberry Boulevard to
Jahnke Road may not occur. He read a statement into the record
reflecting HMK's objection to approval for allowing the entire
permitted Sigma development to be constructed prior to con-
tracts being let for improvements to the loop and ramp in the
southeast quadrant of the Jahnke Road/Chippenham Parkway inter-
change. He stated until such time as those transportation
improvements necessary to handle the additional traffic are
certain and available for use, the Chinaberry Boulevard connec-
tion to Jahnke Road should not be permitted as it would sub-
stantially increase traffic volumes in the Jahnke Road corri-
dor.
When asked, Mr. McCracken indicated the location of the HMK
property that would be transversed by highway improvements.
Mr. Harrison stated the area as indicated by Mr. McCracken on
the map was the subject of the condemnation petition, filed by
VDOT, dismissed in Chesterfield County Circuit Court on the
previous date.
Mr. Dodd questioned even if the increase in square footage/per-
mitted density were granted to Sigma would it still not be less
per acre than that which was granted to HMK? Mr. Harrison
stated he did not know.
When asked, Mr. Mincks stated the action by the Chesterfield
County Circuit Court dealt only with the pre-filing require-
ments for filing a certificate and none of the substantive
areas involved in the condemnation. Mr. Harrison stated VDOT
expressed its desire to appeal the decision on the condemnation
petition which could consume an extended period of time and
prevent the opening of Chinaberry Boulevard to Jahnke Road.
Mrs. Girone requested clarification as to Mr. Harrison's com-
ment that the Jahnke Road/Chippenham Parkway improvement is
presently under consideration by the VDOT. Mr. Harrison stated
this was correct. Mrs. Girone stated she understood that the
VDOT Commission had recently approved the location/design for
the loop/ramp improvements in front of the hospital. When
asked, Mr. McCracken stated the Commonwealth Transportation
Board had acted favorably on the location and design of the the
Jahnke Road/Chippenham Parkway improvement.
87-828
When asked, Mr. Willey stated the reason for the delay in
letting a contract for the improvements in the southeast
quadrant of Jahnke Road/Chippenham Parkway is that VDOT does
not yet have title to the necessary property in that area.
When asked, Mr. Mincks stated the recent Circuit Court deci-
sion, regarding Chinaberry Boulevard, dealt with VDOT's pre-
filing requirements for filing a certificate, which is the
first stage toward condemning property; however, that decision
has no impact on the current zoning request under consideration
by the Board to modify a requirement dealing with loop and ramp
improvements in the southeast quadrant of Jahnke Road/Chippen-
ham Parkway area.
Mrs. Girone reiterated that she felt the Board should remove
staff's Condition #2, as recommended by the Planning Commis-
sion. She stated she had received comments from the President
of the Crestwood Farms Civic Association indicating support of
the proposal provided Condition 1 were approved and Condition 2
were deleted.
On motion of Mrs. Girone, seconded by Mr. Dodd, the Board
approved Case 87S100, subject to the following condition:
Prior to release of any building permits in excess of
400,000 gross square feet of office space, 200 hotel
rooms, and 285 multi-family units, VDOT shall approve the
final location and design of the ramp and loop in the
southeast quadrant of the Jahnke Road/Chippenham Parkway
interchange. Construction of the loop and ramp shall com-
mence as soon as possible thereafter, as determined by the
Transportation Department. (T)
(Note: This condition supersedes Condition 11 of Case
85S138.)
Vote: Unanimous
87S113
In Matoaca Magisterial District, APPOMATTOX RIVER WATER AUTHOR-
ITY requested Conditional Use to permit a hydroelectric facil-
ity in an Agricultural (A) District on a 1.0 acre parcel lying
approximately 400 feet off the southern terminus of Chesdin
Road. Tax Map 185-7 (1) Part of Parcel 1 (Sheet 52).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to a single condition.
Mr. Richard D. Hartman, representing the applicant, stated the
recommended condition was acceptable.
There was no opposition present.
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approv-
ed Case 87S113, subject to the following condition:
The plan and Textual Statement submitted with the applica-
tion, and letter dated April 16, 1987, from Halliwell
Associates, Inc., shall be considered the plan of develop-
ment. (P)
Vote: Unanimous
87S114
In Matoaca Magisterial District, C.F. CURRIN, JR. requested re-
zoning from Agricultural (A) to Office Business (0) and Conven-
ience Business (B-l) with Conditional Use Planned Development.
A mixed use development with office, commercial, and industrial
land uses is planned. This request lies on a 42.36 acre parcel
fronting approximately 1,080 feet on the east line of Iron
87-829
Bridge Road, across from Landfill Drive.
Parcels 2, 3, 4, 5, and 6 (Sheet 31).
Tax Map 114-1 (1)
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to certain conditions.
Mr. Jeff Collins, representing the applicant, stated the recom-
mended conditions were acceptable.
There was no opposition present.
On motion of Mr. Mayes, seconded by Mr. Applegate, the Board
approved Case 87Sl14, subject to the following conditions:
The following conditions notwithstanding, the plan dated
April 30, 1987, and the Textual Statement submitted with
the application, and amended August 31, 1987, shall be
considered the Master Plan. (P)
The entire property shall conform to the Corridor Overlay
District Standards. (P)
(Note: This condition supersedes the Textual Statement
relative to landscaping, setbacks, and signs.)
The developer shall provide an accurate account of the
drainage situation showing existing drainage and the
impact this development will have on the site and sur-
rounding area. The developer shall submit an overall
storm water management study and site construction plan to
Environmental Engineering and VDOT providing for on- and
off-site drainage facilities in accordance with the dis-
cussion section of this report. The plan shall be ap-
proved by Environmental Engineering and VDOT, and all
necessary easements shall be obtained prior to any
vegetative disturbance. (EE)
Road construction plans shall be submitted separately from
site plans to the VDOT and Environmental Engineering De-
partment. Approval from both agencies and the dedication
of the right of way shall be a prerequisite to the release
of any building permits. (EE)
5. Public water and sewer shall be used. (U)
Vote: Unanimous
87Sl15
In Midlothian Magisterial District, B.K. KATHERMAN requested
Conditional Use Planned Development on 0.33 acres, plus amend-
ment to Conditional Use Planned Development (Case 82S104) on
1.63 acres. An office/commercial complex is planned. This
request lies in Residential (R-7) and Agricultural (A) Dis-
tricts on a total of 1.96 acres, fronting approximately 325
feet on the east line of Crowder Drive, approximately 300 feet
north of Midlothian Turnpike. Tax Map 15-12 (1) Parcels 6, 7,
and 98 (Sheet 7).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to certain conditions.
Mr. Applegate disclosed to the Board that the applicant's wife
is a licensed real estate agent with his firm, declared a po-
tential conflict of interest, pursuant to the Virginia Compre-
hensive Conflict of Interest Act, and excused himself from the
meeting.
Mr. Katherman stated the recommended conditions were accept-
able.
There was no opposition present.
On motion of Mrs. Girone, seconded by Mr. Dodd, the Board ap-
87-830
proved Case 87S115, subject to the following conditions:
The following conditions notwithstanding, the plan pre-
pared by Balzer and Associates, Inc., and dated May 18,
1987, shall be considered the Master Plan. (P)
The architectural scale and style of buildings and the
general layout of buildings and parking areas shall be
similar to that exemplified by Sycamore Square. Architec-
tural renderings shall be submitted for approval in con-
junction with schematic plan review. (P)
The developer shall provide an accurate account of the
drainage situation, showing existing drainage and the
impact this project will have on the site and the sur-
rounding area. The developer shall submit a construction
plan to Environmental Engineering and VDOT providing for
on- and off-site drainage facilities. This plan shall be
approved by the Environmental Engineering Department and
VDOT, and all necessary easements shall be obtained prior
to any vegetative disturbance. The approved off-site plan
may have to be implemented prior to clearing. (EE)
Concrete curb and gutter shall be installed around the
perimeter of all driveways and parking areas. Drainage
shall be designed so as not to interfere with pedestri-
an traffic. (EE)
Prior to the issuance of a building permit, thirty (30)
feet of right of way, measured from the centerline of
Crowder Drive, shall be dedicated to and for the County of
Chesterfield, free and unrestricted. (T)
Prior to the issuance of an occupancy permit, additional
pavement, curb, and gutter shall be constructed along the
entire property frontage of Crowder Lane. (T)
Signs shall comply with the requirements of the "Route 60
Special Sign District" for office parks. (P)
The eight (8) foot diameter Norway Maple, located in the
center of the site, shall remain. At the time of schemat-
ic review, the developer shall submit a detailed plan de-
picting how the tree is to be protected during con-
struction. (P)
Except as noted herein, all bulk requirements of the
Office Business (0) District, shall apply. (P)
10. Except as noted herein,
apply:
the following setbacks shall
A fifteen (15) foot side yard setback requirement for
buildings for the southernmost portion of the pro-
perty (Tax Map 15-12 (1) Parcel 7).
A fifteen (15) foot rear yard setback for buildings
for the southernmost portion of the property (Tax Map
15-12 (1) Parcel 7).
A ten (10) foot side yard setback for buildings for
the northernmost portion of the property (Tax Map
15-12 (1) Parcel 6). (P)
11.
The uses permitted shall be restricted to those uses per-
mitted in the Office Business (O) and Convenience Business
(B-l) Districts, except that Convenience Business (B-l)
uses shall be limited to the southernmost portion of the
property (Tax Map 15-12 (1) Parcel 7). (P)
12.
A ten (10) foot buffer shall be maintained along the
northern and eastern property lines adjacent to residen-
tial uses. Where adjacent properties are occupied by
non-residential uses, screening and/or buffering shall not
be required. Within the required buffer area, there shall
87-831
be installed evergreen plantings and/or fencing of suffi-
cient height and density to screen the use from the adja-
cent properties. Within the parking setback along Crowder
Drive, ornamental trees and shrubs shall be planted. In
conjunction with schematic approval for additional office
space, a landscaping plan depicting these requirements
shall be submitted for approval. (P)
13.
Public water and sewer shall be used. Detailed informa-
tion relative to fire flow requirements shall be submitted
to the Utilities Department in conjunction with schematic
plan review. Improvements shall be made, as deemed neces-
sary by the Utilities Department, to provide adequate
water capacity for fire flow requirements. (U)
(Note: These conditions supersede all previously imposed
conditions for Case 82S104.)
Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone.
Absent: Mr. Applegate.
Mr. Applegate returned to the meeting.
87Sl16
In Midlothian Magisterial District, THE SALISBURY CORPORATION
requested rezoning from Residential (R-40) to Residential
(R-25). A single family residential subdivision is planned.
This request lies on two (2) parcels of land for a total of
15.8 acres, located northwest of the intersection of West
Salisbury Road and Winterfield Road. Tax Map 7-9 (1) Part of
Parcel 1 (Sheet 2).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request.
Mr. Jim Hayes, representing the applicant, stated the recommen-
dation was acceptable.
There was no opposition present.
On motion of Mrs. Girone, seconded by Mr. Applegate, the Board
approved Case 87Sl16.
Vote: Unanimous
87S117
In Matoaca Magisterial District, WINTERPOCK RECREATION CENTER,
INCORPORATED requested Conditional Use to permit an outdoor re-
creational facility and community center in an Agricultural (A)
District on a 4.5 acre parcel fronting approximately 566 feet
on the south line of Beach Road, approximately 190 feet west of
Winterpock Road. Tax Map 109-1 (1) Parcel 18 (Sheet 29).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to certain conditions based on the
original plan; however, subsequent to the Planning Commission's
recommendation, an amended plan was submitted and staff recom-
mends approval of the community center and athletic field,
based on the revised plan, and denial of the proposed swimming
pool complex.
Mr. Bill Stone, representing the applicant, stated the recom-
mended conditions were acceptable, including the recommendation
for denial of the swimming pool complex as the site is not
large enough to accommodate the pool in addition to the other
proposed uses.
Mr. David Hull, representing Mr. and Mrs. Baker, adjacent pro-
perty owners, expressed concerns relative to the hours of
operation, outdoor lighting and screening of the subject site
from Beach Road. He stated the Bakers are not opposed to the
87-832
recreational center, per se; however, they feel that certain
conditions/restrictions should be imposed to protect area resi-
dents' lifestyles from the intrusion and noise associated with
the proposed use.
There was considerable discussion relative to the existing land
use, the proposed use as it relates to land use compatibility,
hours of operation, screening, lighting levels, the need for
recreational facilities throughout the County, the intensified
use of the site through recent additions and improvements,
parking problems along Beach Road, the need for on-site parking
facilities, excessive noise, property damage from softballs
being hit into the road and onto adjacent properties, signage,
public safety, etc. Mrs. Girone suggested restricting the
length of the games by not permitting the beginning of an
inning after 10:30 p.m. as a solution to the problem regarding
the hours of operation.
Mr. Mayes stated he felt this request is replete with com-
promise, with every effort made to ensure Mrs. Baker's satis-
faction and, at the same time, allow the recreational facility
to be utilized. He stated he felt the conditions, as outlined
in the Request Analysis based on the revised Plan, sufficiently
address many of the concerns that the Planning Commission
attempted to address through the conditions recommended on the
original plan and accomplish a greater separation of the
activity areas from the area residents. He stated he felt the
compromise relative to the hours of operation (8:00 a.m. and
10:30 p.m., Sunday through Thursday; and 8:00 a.m. and 11:00
p.m., Friday through Saturday, except that the community
building may open at 6:00 a.m.. and the Association may have
stew cooks within the community building other than the hours
specified) was generally fair and supportable. However, he
added Parks and Recreation hours are 7:00 a.m. through
Midnight and perhaps there could be a mid-range time frame
between the compromise and Park hours. He stated the
applicant's willingness to relocate the athletic field away
from Beach Road, eliminate the proposed pool complex from the
request, comply with screening/landscaping conditions designed
to protect area residents from excessive noise and light,
provide safe parking and vehicular access for the site, etc.,
indicates that area residents and the recreational facility can
co-exist harmoniously. He stated, however, he felt the
Conditional Use should be approved for a limited time period to
allow reevaluation of the use when the additional improvements
were implemented and suggested that an eighteen (18) month
renewal period would be appropriate.
Mr. Dodd requested clarification on the hours of operation
designated for the use of the community building. Mr. Mayes
stated the Bethia United Methodist Church would be permitted to
utilized the community building as early as 6:00 a.m.; however,
the community building shall otherwise be subject to hours of
operation as restricted and outlined in Condition 2 of the
Request Analysis.
On motion of Mr. Mayes, seconded by Mrs. Girone, the Board
approved Case 87Sl17 for the community center and athletic
field, based on the revised plan, subject to the following
conditions:
The following conditions notwithstanding, the plan dated
September 19, 1987, and revised September 21, 1987, shall
be considered the plan of development. (p)
Hours of operation shall be limited to between 8:00 a.m.
and 10:30 p.m., Sunday through Thursday; and between 8:00
a.m. and 11:00 p.m., Friday through Saturday except that
the community building may open at 6:00 a.m. and the
Winterpock Recreation Association may have stew cooks
within the community building other than hours specified.
The community building shall otherwise be subject to hours
of operation as restricted herein. (P)
87-833
Ail driveways and parking areas shall be delineated by a
permanent means (i.e., timber, curbs, etc.) (P&EE)
(Note: The Zoning Ordinance requires that driveways and
parking areas for six (6) or more vehicles be paved.)
A minimum of forty (40) parking spaces shall be provided.
The driveway serving the required parking area shall be
relocated to the east of the existing driveway. The exact
location of this entrance/exit driveway shall be approved
by the Planning Department at the time of site plan re-
view. The driveways/parking areas shall be completed
prior to April 30, 1988. (P)
There shall be no outside public address system or
speakers. (P)
Ail outdoor lighting shall be aimed and shielded so as to
minimize projection of light into adjacent properties.
With exception of security lighting, all outdoor lighting
shall be turned off no more than thirty (30) minutes after
permitted hours of operation. (P)
e
One (1) sign, located at the entrance and visible to the
general public, shall be permitted. The sign shall not
exceed twenty (20) square feet in area, a height of ten
(10) feet, and shall not be luminous nor illuminated. A
rendering of this sign shall be submitted to the Planning
Department for approval prior to erection. All other
signs (i.e., concession menu boards, signs advertising
sponsors, scoreboards, etc.) shall be screened from view
of Beach Road and adjacent properties· (P)
(Note: The Zoning Ordinance requires that the sign be
located a minimum of fifteen (15) feet from the ultimate
right of way of Beach Road.)
The area between the existing right of way for Beach Road
and the fence shown on the plan parallel to Beach Road
shall be maintained as a buffer. With the exception of a
driveway to serve the parking area; one (1) gate to allow
vehicular access to maintain the field; and landscaping;
there shall be no facilities or other improvements within
this buffer area. The northern boundary of this buffer
shall be delineated by a permanent means (i.e., timbers,
curbing, etc.) to preclude vehicles from parking within
the buffer. Landscaping shall be installed between Beach
Road and the fence no later than November 1, 1988. Land-
scaping shall consist of a species and have an initial
height and density to provide year-round screening. A
landscaping plan depicting this requirement shall be
submitted to the Planning Department for review and ap-
proval in conjunction with site plan review. (P)
This Conditional Use shall be granted to permit an athlet-
ic field, community building, playground, and game court
only. (P)
10.
This Conditional Use shall be granted for a period of time
not to exceed eighteen (18) months from the date of
approval. This Conditional Use may be renewed by the
Planning Department upon demonstration that the operation
has been of no detriment to adjacent and area properties.
(p)
Vote: Unanimous
87Sl18
In Matoaca Magisterial District, MATTHEW J. HAMILTON, JR. re-
quested rezoning from Agricultural (A) to Residential (R-15).
A single family residential subdivision is planned. This re-
quest lies on a 35.9 acre parcel located at the southwest
87-834
terminus of Eaglenest Drive.
29).
Tax Map 110-8 (1) Parcel 1 (Sheet
Mr. Jacobson stated the Planning Commission recommended
approval of this request and acceptance of the applicant's
proffered condition.
Mr. Hamilton stated the recommendation was acceptable.
There was no opposition present.
Mr. Applegate excused himself from the meeting.
Mr. Ramsey noted this request does not include a requirement
for connection to public water and sewer facilities; however,
such a requirement would be required at a future time should
the Board approve the proposed amendments to the Utilities
Ordinance requiring all subdivisions connect to public water.
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
approved this request and accepted the following proffered
condition:
The minimum lot size shall be 30,000 square feet.
Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone.
Absent: Mr. Applegate.
Mr. Applegate returned to the meeting.
87Sl19
In Bermuda Magisterial District, CHESTERFIELD COUNTY requested
Conditional Use Planned Development to permit a 140 foot high
water tank in an Agricultural (A) District on a 0.75 acre
parcel fronting approximately 50 feet on the south line of Old
Bermuda Hundred Road, approximately 2,200 feet east of Ramble-
wood Road. Tax Map 117-14 (1) Part of Parcels 2 and 3 (Sheet
33).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to certain conditions.
Mr. Bernie Schmelz
acceptable.
stated the recommended conditions were
There was no opposition present.
On motion of Mr. Dodd, seconded by Mr. Applegate, the Board
approved Case 87Sl19, subject to the following conditions:
The following conditions notwithstanding, the site plan
submitted with the application shall be considered the
Master Plan. (P)
A security-type fence, having a minimum height of eight
(8) feet, shall be installed around the proposed tank and
shall be designed to preclude trespassing. (p)
In conjunction with the approval of this request, the
County Planning Commission shall grant schematic plan
approval of the Master Plan. (P)
Vote: Unanimous
87S120
In Bermuda Magisterial District, MATHEWS AND COMPANY requested
rezoning from Residential (R-7) to Community Business (B-2) on
0.80 acres with Conditional Use Planned Development to permit
exceptions to paving and setback requirements on this tract and
a 0.16 acre tract currently zoned Community Business (B-2). An
office/commercial complex is planned. This request lies on a
87-835
0.96 acre parcel fronting approximately 170 feet on the south
line of West Hundred Road, also fronting approximately 172 feet
on Robertson Street, and located in the southeast quadrant of
the intersection of these roads. Tax Map 115-10 (2) Snead
Curtis Addition, Lots 12, 13, 14, and 15A (Sheet 32).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to certain conditions.
Mr. Dean Hawkins, representing the applicant, requested that
the applicant not be required to comply with Condition 10 until
such time as the two existing structures may be replaced with
an additional and/or separate structure(s). He requested
clarification as to whether or not schematic plan approval is
concurrently being granted in conjunction with approval of this
request.
Mr. Jacobson stated the Planning Commission/staff Condition 1,
as outlined in the Request Analysis, recommended schematic plan
approval be granted in conjunction with approval of this re-
quest.
There was no opposition present.
Mr. Dodd amended Condition 10 to require that at such time that
a new structure is built, additional pavement shall be
installed along Robertson Street to allow for a minimum of one
(1) in-bound and one (1) out-bound lane for the entire parcel
frontage.
On motion of Mr. Dodd, seconded by Mr. Mayes, the Board
approved Case 87S120, subject to the following conditions:
The following conditions notwithstanding, the plan pre-
pared by Dean E. Hawkins, ASLA, dated July 17, 1987, shall
be considered the Master Plan for conversion of the exist-
ing residences to office and commercial uses. The Plan-
ning Commission shall grant schematic plan approval of the
July 17, 1987, Master Plan.
In conjunction with the approval of this request, an
exception to the requirement that parking and driveway
areas be paved shall be granted until additional office
and/or commercial space is developed or until the existing
buildings are removed and new structures developed, which-
ever occurs first. Non-paved parking areas shall be
graveled with a minimum of six (6) inches of #21 or ~21A
stone. Graveled parking areas and driveways shall be
delineated by permanent means (i.e., concrete bumper
blocks, timbers, etc.). (P)
(Note: Prior to any site improvements, to accommodate
conversion of the residences, site plans must be submitted
to the Planning Department for approval.)
A fifteen (15) foot buffer shall be maintained adjacent to
residentially zoned property along Robertson Street (Tax
Map 115-10 (2) Snead Curtis Addition, Lots 12A and 13A).
A thirty (30) foot buffer shall be maintained adjacent to
residentially zoned property along Shop Street (Tax Map
115-10 (2) Snead Curtis Addition, Lots 41, 42, and 43).
These buffers shall be landscaped to provide effective,
year-round screening of the development from the Residen-
tial (R-7) tracts. With the exception of landscaping,
berms, fences, and/or utilities which run generally per-
pendicular through the buffer, there shall be no facil-
ities within these buffers. A detailed landscaping plan
depicting this requirement shall be submitted to the
Planning Department for approval in conjunction with site
plan review for each phase of development. (p)
Outdoor lighting shall be low level, not to exceed a
height of fifteen (15) feet and shall be positioned so
that the direct or reflected illumination does not exceed
87-836
0.5 foot candles above background measured at the lot line
of any adjacent residential properties. (p)
Signs shall be regulated by the Route 10 Special Sign
District requirements for Community Business (B-2)
Districts. (P)
The developer shall provide an accurate account of the
drainage situation, showing existing drainage and the
impact this project will have on the site and the sur-
rounding area. The developer shall submit a construction
plan to Environmental Engineering and VDOT providing for
on- and off-site drainage facilities. This plan shall be
approved by the Environmental Engineering Department and
VDOT, and all necessary easements shall be obtained prior
to any vegetative disturbance. The approved off-site plan
may have to be implemented prior to clearing. (EE)
Except as specified herein, driveways and parking areas
shall be paved with concrete, bituminous concrete, or
other similar material. Surface treated parking areas and
drives shall be prohibited. Concrete curb and gutter
shall be installed around the perimeter of all driveways
and parking areas. Drainage shall be designed so as not
to interfere with pedestrian traffic. (P&EE)
Within required setbacks and within the parking lot area,
landscaping shall be accomplished to enhance the appear-
ance of existing and future structures and parking areas.
A detailed landscaping plan depicting this requirement
shall be submitted to the Planning Department for approval
in conjunction with site plan review for each phase of
development. (P)
8. Public water and sewer shall be used. (U)
Access to this development from West Hundred Road shall be
permitted only if it is shared with the adjacent parcel to
the east. (T)
10. At such time that a new structure is built and direct
access is provided to Robertson Street, additional pave-
ment shall be installed along Robertson Street to allow
for a minimum of one (1) in-bound and one (1) out-bound
lane for the entire parcel frontage. (BS)
(Note: Prior to obtaining any final site plan approval or
any building permits, for improvements other than conver-
sion of the existing buildings for office/commercial uses,
schematic plans must be submitted and approved. All
parking and driveway areas and all new construction must
comply with the setback requirements of the Zoning Ordi-
nance. Setbacks for buildings, parking, and driveway
areas along Route 10 may be reduced by averaging the set-
back of the existing buildings, on-site, and the parking
and driveway areas on adjacent property to the east, with
the required fifty (50) foot setback.)
Vote: Unanimous
87S122
In Matoaca Magisterial District, LAVERNE C. COLE requested re-
zoning from Agricultural (A) to Residential (R-12). A single
family residential subdivision is planned. This request lies
on a 52.2 acre parcel fronting approximately 1,028 feet on the
south line of Centralia Road, across from Post Horn Drive. Tax
Map 96-7 (1) Parcel 7 (Sheet 31).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to a single condition.
Mr. Ashley Williams, representing the applicant, stated the
recommended condition was acceptable.
87-837
Mr. William Ewing, and adjacent property owner, stated he was
not in opposition to the proposed rezoning; however, he
explained the request that he had submitted to the Board of
Zoning Appeals which was denied and stated he felt he had not
been treated equitably in comparison to this request.
Mr. Daniel requested the County Administrator meet with Mr.
Ewing to further discuss his concerns.
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approv-
ed Case 87S122, subject to the following condition:
A fifty (50) foot building setback and buffer strip,
exclusive of easements, shall be provided along Centralia
Road. Prior to recordation of subdivision plats, the
developer shall flag the buffer for inspection by the
Planning Department. The area within this buffer shall be
planted and/or left in its natural state, if there is
sufficient vegetation to provide adequate screening. If
sufficient vegetation does not exist, a landscape plan
shall be approved by the Planning Department and a bond
posted to cover the cost of implementing the plan, prior
to recordation of subdivision plats. Except for public
road access(es), no access shall be permitted through this
buffer. This building setback and buffer strip shall be
noted on final check and record plats. The Planning
Commission may modify this condition at the time of tenta-
tive subdivision review. (P&T)
Vote: Unanimous
87S123
In Bermuda Magisterial District, DANBUR PROPERTIES, INC. re-
quested rezoning from Agricultural (A) to Residential (R-12).
A single family residential subdivision is planned. This
request lies on a 26 acre parcel fronting approximately 550
feet on the west line of Bermuda Orchard Lane, approximately
1,100 feet south of East Hundred Road. Tax Map 118-13 (2)
Bermuda Ochre, Lot 16 and Part of Lot 17 (Sheet 33).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to a single condition.
Mr. Harrison Burt stated the recommended condition is accept-
able.
There was no opposition present.
Mr. Dodd stated public water and sewer is intended and recom-
mended for use on this site and requested consideration be
given to the provision of said facilities as expeditiously as
possible.
On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv-
ed Case 87S123, subject to the following condition:
A fifty (50) foot building setback and buffer strip,
exclusive of easements, shall be provided along Bermuda
Orchard Lane. Prior to recordation of subdivision plats,
the developer shall flag the buffer for inspection by the
Planning Department. The area within this buffer shall be
planted and/or left in its natural state, if there is
sufficient vegetation to provide adequate screening. If
sufficient vegetation does not exist, a landscape plan
shall be approved by the Planning Department and a bond
posted to cover the cost of implementing the plan, prior
to recordation of subdivision plats. Except for one (1)
public road access, no access shall be permitted through
this buffer. This building setback and buffer strip shall
be noted on final check and record plats. The Planning
87-838
Commission may modify this condition at the time of tenta-
tive subdivision review. (P&T)
Vote: Unanimous
87S126
In Matoaca Magisterial District, PINEY SPRINGS DEVELOPMENT COR-
PORATION requested rezoning from Light Industrial (M-l) to
Residential (R-9) and General Business (B-3). A mixed use
development, with residential and commercial uses, is planned.
This request lies on a 26.5 acre parcel fronting in two (2)
places on the west line of Jefferson Davis Highway for a total
of approximately 741 feet, across from Happy Hill Road. Tax
Map 163-7 (1) Parcel 1 (Sheet 49).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to certain conditions and accept-
ance of the applicant's proffered conditions.
Mr. Tom Cogbill stated the applicant is purchasing additional
property from the church to enable better lot design for the
project and is requesting a thirty (30) day deferral to meet
the necessary legal advertisement requirements.
There was no opposition present to the request for a deferral.
On motion of Mr. Mayes, seconded by Mr. Dodd, the Board
deferred consideration of Case 87S126 until November 25, 1987.
Vote: Unanimous
87S142
In Bermuda Magisterial District, HOFFMAN COMMUNICATIONS, INCOR-
PORATED requested amendment to Conditional Use Planned Develop-
ment (Case 86Sl16) relative to access. This request lies in an
Agricultural (A) District on a 27.8 acre parcel, located
approximately 130 feet south of the southern termini of Brandy-
wine Avenue and Brightwood Avenue. Tax Map 97-4 (1) Parcel 3
and Tax Map 98-5 (1) Parcel 4 (Sheet 32).
Mr. Jacobson stated the Planning Commission recommended approv-
al of this request, subject to a single condition.
Mr. Jay Hoffman and Mr. Paul Bulifant stated the recommended
condition was acceptable.
There was no opposition present.
On motion of Mr. Dodd, seconded by Mr. Mayes, the Board
approved Case 87S142, subject to the following condition:
Within the required fifty (50) foot natural buffer re-
quired along the northern property line, there shall be
permitted one (1) entrance/exit. The entrance/exit
driveway shall be for the sole purpose of providing access
to the site for construction of and, routine maintenance
of, towers and shall be secured with a locked gate when
maintenance personnel are not on-site. At such time that
the broadcasting studio is constructed, access through the
buffer shall be eliminated and access shall be provided
from the east or south. (P)
(Note: This condition is in addition to Condition 5 of
Case 86S116.)
Vote: Unanimous
87S137
In Midlothian Magisterial District, FRICK MOTOR GALLERY, INCOR-
87-839
PORATED requested a thirty (30) day deferral of consideration
of rezoning for a Conditional Use Planned Development to permit
an automobile dealership and exceptions to setback and sign re-
quirements in a Community Business (B-2) District. This re-
quest lies on a 1.3 acre parcel fronting approximately 270 feet
on the north line of Midlothian Turnpike, approximately 125
feet east of Alverser Drive, also fronting approximately 103
feet on Alverser Drive, and lies northeast of the intersection
of these roads. Tax Map 16-12 (1) Parcels 2 and 3 and Part of
Parcels 1 and 4 (Sheet 7).
Mr. Daniel stated that earlier during the meeting Case 87S137
was deferred until December 9, 1987; however, the applicant had
requested that the case be double-advertised for the Board's
consideration at its November 25, 1987, zoning session. He
requested the rules be suspended to rescind the previous motion
for a deferral of Case 87S137 until December 9, 1987, and per-
mit double-advertising of Case 87S137 for the November 25,
1987, zoning session.
On motion of Mrs. Girone, seconded by Mr. Dodd, the Board
suspended the rules to allow for rescinding and reconsideration
of a previous motion for a deferral of Case 87S137 until
December 9, 1987, and permit double-advertising of Case 87S137
for the November 25, 1987, zoning session.
Vote: Unanimous
On motion of Mrs. Girone, seconded by Mr. Dodd, the Board
rescinded the previous motion for a deferral of Case 87S137
until December 9, 1987, and authorized double-advertising of
Case 87S137 for the November 25, 1987, Board of Supervisors'
zoning session.
Vote: Unanimous
12. ADJOURNMENT
On motion of Mr. Dodd, seconded by Mr. Daniel, the Board ad-
journed at 3:40 p.m. (EST) until 2:00 p.m. (EST) on November
12, 1987.
Vote: Unanimous
L~ne B. Ram'se~'.~
,,;
Harry G/ Daniel
Chairman
87-840