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04-25-1979 MinutesBOARD OF SUPERVISORS MINUTES APRIL 25, 1979 Supervisors in Attendance: ~r. E. M~rlin O'Neill, Sr., Chairman ~r. Joan Girone, Vioe-~n~imnan ~r. $. Rnffin Apperson .~r. C. L. Bookman 9. R. Garland Dodd ~r. Nicholas M. l~iszer $ounty Administrator Staff in Attendance: Chief Robert Eanes, Fire Dept. Mr. Phillip Hester, Director of Parks and P~creation Mr. Jeffrey Muzzy, Director of Commmity Development Mr. Robert A. Painter, Utilities Director Mr. Dennis Parker, Airport Manager Mr. Lane Ranmey, Budget Director Mrs. Girone called the meeting to order in the absence of the Chairman at the Courthouse at 9:05 p.m. (EST). Mr. Dodd gave the invocation. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved the minutes of April 11, 1979, as amended. Ayes: Mr. Apperson, Mr. Bookman and Mr. Dodd. Abstention: Mrs. Girone because she was not present at the meeting on April 11, 1979. Mrs. G. M. Jordan of 8610 Middle Road appeared before the Board and cited illegal pit burning, noise curfew violations, erosion run-off, illegal landfill operation, an abandoned well and open pits as all violations against the County Code for which she had brought these to the attention of vari_'ous departments and to which she did not get a response. She cited the Zoning offices; the subdivision administration, the building construction department, the environmental health office, the erosion control office, fire prevention office and landfill information office as some to which she directed her questions and did not receive a response. after complaining about a new subdivision called Pocoshock. She stated that she would like a written reply to the violations cited from the Board of Supervisors and presented the County Administrator with a copy of her letter. The Board authorized Mr. Meiszer to prepare a written response for Mrs. Jordan. Mr. Bookman excused himself from the meeting. On motion of Mr. Apperson, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute necessary documents for the following water contract: W79-62CD/6(7)9622 Huntingcreek Hills-Section D Developer: Salem Church Road Limited Partnership Contractor: Stamie E. Lyttle Co., Inc. Estimated Contract Cost: $73,805.50 Estimated County Cost: $ 7,~641.66 (Refund through connections) Code: 366-1-111684-7221 Vote: Unanimous 79-177 III. Mr. Bookman returned to the meeting. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved and authorized the County Administrator to execute necessary papers for the following water contract: W79-63CD/6(7)9632 Wyntrebrooke - Section 1 Developer: S-C Developers, Inc. Contractor: Lewis H. Easter & Co. Estimated Contract Cost: $57,759.90 Estimated County Cost: $ 6,130.00 (Cash Refund) $16,650.00 (Refund through Connections ) and further the Board appropriated $6,130.00 from 563 Surplus to 380-1-69632-7212 and it is understood that $16,650.00 will be refunded through connections from 36~-1-11684-7221. Vote: Unanimous Mr. Bookman excused himself from the meeting. On motion of Mr. Apperson, seconded by Mr. Dodd, the Board denied the request from James R. Henshaw, President of Cardinal Realty Company, for a cash reimbursement of the balance of the refund due under Water Contract No. W76-68CD, Scottingham Subdivision, which request asks that these refunds be made prior to the connections being made which will be refunded as they are made .which is the normal policy. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Apperson, the Board awarded and .authorized the County Administrator to execute necessary documents for~Central Builders, Inc. for Water Contract W79-11C/6(7)9111 in the amount of $9,966.36 for construction of water lines to serve Sloan Drive and appropriated $10,962.99 from 563 Surplus to 380-1-69111-4393. Vo t e: Un animous On motion of Mr. Apperson, seconded by Mr. Dodd, the Board made adjustments on water and sewer projeCts as follows: Centralia Road - Water Line Extension W77-77C - Increase appropriation in the amount of $67.60 from 563 Surplus to 380-1-67771-2213 (advertising). Water Line Extension Along Bermuda Hundred & Allied Chemical Roads - W78-18CD - Increase appropriations in the amount of $15,000.00 from 364 (Advances by Developer) to 380-1-68182-4393. This is a contingency on the project not previously obtained at the time the Project was awarded. me Rocky Run Branch Sewer - S73-44C - Decrease appropriations in the amount of $50,573.26; $48,047.91 from 380-1-73441-4393; and $2,525.35 from 380-1-73441-2142 to 573 Fund Balance. Proctor's Creek Treatment Plant - 7032-5 - Increase appropriations in the amount of $22,084.37 from 573 Surplus to 380-1-70051-2141. This amount covers the inspectors' salary employed by R. S. Royer for one year. Timsberry Creek - S73-33T, Division B - Decrease appropriations in the amount of $0.01 from 380-1-73336- 4393 to 573 Fund Balance. 79-178 Johnson Creek P.S. - 7032-23B - Increase appropriation in the amount of $22.80 from 377 - Bermuda Escrow Reserve to 380-1-70231-2142. o Chester Collectors - 7032-27 - Decrease appropriation in the amount of $8.00 from 380-1-70271-2142 to 377 Bermuda Escrow Reserve. Vote: Unanimous Bookman returned to the meeting. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute necessary for the following sewer contract: S79-41CD/7(7)9412 Rockwood Square Shopping Center Developer: Rockwood Square Associates Contractor: Alpine Construction Company Estimated Contract Cost: $37,000.00 Estimated County Cost: $ 1,300.80 (Refund through Connections) Code: 573-1-11781-7221 : Unanimous On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved and authorized the County Administrator to execute necessary documents for the following sewer contract: S78-71CD~/7(7) 8712 Chester Station - Section A Developer: Winston Development Company Contractor: Alpine Construction Corporation Estimated Contract Cost: $65,000.00 Estimated County Cost: $ 364.00 (Refund through Connections) Code: 573-1-11781-7221 Vote: Unanimous Mr. Bookman stated Mr. Jack Shank, representing Cardinal Realty Company, was present to address the request for cash reimburse- ment of the balance of the refund due under Water Contract No. W76-68CD. The Board asked if Mr. Shank was present. Mr. Bookman stated he must have left. The Board stated their apology for not recognizing Mr. Shank and asked that Mr. Bookman extend this apology to Mr. Shank on behalf of the Board. Mr. O'Neill joined the meeting. Mr. Welchons stated the County had received a request for reconsideration from Mr. Charles M. Marchetti for sewage capacity to serve 229 lots adjacent to Kings Forest. Mr. Dodd stated he felt this was too intense a development for Chesterfield County-- placing 3.3 houses per acre--and stated he was opposed to the entire matter. He stated further that problems are coming out now with the zoning question~ the sewer is not designed for this intensity and he is opposed to the concept. Mr. Welchons stated the lines were put in deeper than necessary and are pulling sewage from outside the area which would not naturally flow this way and this is what is causing the problem. Mr. Bookman stated that the sewage from this area should go into this line. Mr. Welchons stated the..'sewer line was designed for the ~rainage area but other areas are now using this. Mr. Bob Carter, engineer for Kings Forest, stated they will be developing approximately 60 homes per year but he feels they .will begin development within the next couple of years on the land to be rezoned because if is consDdered the prime land. Mr. Carter stated they will be asking for a 30 day deferral of the zoning case this afternoon. Mrs. 79-179 VII. VIII. ~tated she felt more coordination was needed between Community )evelopment and Utilities in a matter such as this. Mr. O'Neill 3rated he felt this matter was a little premature coming before :he Board, as well. Mr. Dodd stated this was a bad piece of [and and he appreciated the problems of the developer but he ~id not feel it was fair to ask staff to make a decision which is political. He stated it is up to the Board to decide if they ~ant 3.3 houses on an acre. Mr. Welchons stated there are about 50 lots that can connect without surcharging. He added further _~here is no surcharging presently~..anywhere in the County. Rr. Charlie Summer, representing Mr. Marchetti, stated the Board ~as discussing a theoretical problem and not a real problem. {e stated there would not be any need for surcharging for about £0 years. He stated that Kings Forest ia continuing their ~evelopment and Mr. Marchetti would like to develop his land. He ~tated that to sewer this property it would cost approximately 3900,000 which is not feasible to develop 400 lots. ~r. Apperson stated he felt the sewer system needed additional :us~omers' and this is what Mr. Marchetti's property would bring. {e stated that the Board granted the 300 lots because no other 1eveloper was ready to begin, mc~ Mrs. ?mrchetti im ready and the ~uestion of the surcharge has come up. He stated that ~he pump station is $60,000 towards the $900,000. Mr· Carter ~tated that an initial outlay of $90,000 will be required with them recouping $30,000. Mr. Carter added further that if there ~re any.extra connections to be given they should be given to (ings Forest since they expended $35-40,000 extra towards this line. He stated further that Kings Forest has not been refunded ~ny money except for some small off-site work and if someone else ~enefits from this line, then Kings Forest should be given some ~ebates. kfter further discussion of the matter, it was on motion of ~r. Bookman, seconded by Mrs. Girone, resolved that this request ~e deferred until May 9, 1979, allowinE the narties involved to :omc to an a~ceptable agreement. fore: Unanimous )n motion of Mr. Dodd, seconded by Mr. Bookman, the Board approvedan mthorized the Chairman and County Administrator to execute an easen~nt agreement ith Virginia Electric and Power Company for a pole with guy wire ~t the County's Proctors Creek Sewage Treatment Plant' in ~ ermuda District. 7ote: Unanimous ~r. Micas inquired if this was a tied down easement. light-of-Way Engineer, stated it was. Mr. Pope, It was generally agreed by tha Board to withdraw item no. VIII ~rom the agenda at this time regarding a resolution authorizing :he County Attorney to fil~ for right of entry on property owned ~y M. Lacy Fendley, Jr. and Joseph P. Pritchard, located south of ~enito Road, for the purpose of constructing a County landfill. )n motion of Mr. Apperson, seconded by Mr. Dodd, the Board deferred mtil May 9, 1979, consideration of a counter-offer from ~r. and Mrs. E. Joseph Hatcher for a water line easement across :heir property at 7900 Iron Bridge Road in Dale District. ~ote: Unanimous 79-180 In motion of Mr. Bookman, seconded by Mr. Apperson, the Board ~enied the counter-offer from Daniel C. and Barbara A. Altman in the amount of $400.00 for a sewer easement ~cross their property ~t 10216 Greglynn Road; the Board authorized the Right-of-Way Zngineer to negotiate a settlement no~. to exceed $300 and if this is not accepted, the Board authorized the County Attorney to )roceed with condemnation proceedings against the property owners [isted below if the offer as set opposite their names is not ~ccepted. And be it further resolved that the County Administrator .~otify the said property owners by registered mail of the intention )f the County to enter upon and take the property which is to be the subject of said condemnation proceedings. An ememgency existing this resolution shall be and it hereby is declared in full force ~nd effect immediately upon passage. ]aniel C. Altman and Barbara A. Altman Sewer Easement Across 10216 Greglynn Road $300.00 ~o te: Unanimous ~r. Meiszer stated this time and date had been scheduled for a ~ublic hearing to consider an ordinance vacating a portion of a itreet located in .the Bellwood Farm Subdivision in Bermuda District there being no one present in opposition, it was on motion of ~r. Dodd, seconded by Mr. Appersoni resolved that the following ~rdinance be adopted: An Ordinance to vacate a portion of a street 30 feet in width and 1577.95 feet in length, which street is located in the Bellwood Farm Subdivision, in the Bermuda Magisterial District of Chesterfield County as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 3, page 186. Whereas, the United States of America, acting by and through -~he Regional Director, Mid-Atlantic Region, National Park Service; I. Louis Reynolds and Glenn P. Reynolds, his wife; and, Exxon ~orporation have petitioned the Board of Supervisors of Chester- field County, Virginia to vacate a portion of a street which is 30 feet in width and 1577.95 feet in length and which is located in ~he Bellwood Farm Subdivision in the Bermuda Magisterial )istrict of Chesterfield County, Virginia and is more particularly ~hown on a plat duly recorded in the Clerk's Office of the Circuit ~ourt of said County in Plat Book 3, page 186, made by Paul King, ~urveyors, dated February 12, 1920. The street petitioned to be ~acated is more fully described hy reference to the aforementioned ~ecorded plat as follows: Beginning at a point on the north line of said thirty (30) foot road, thence proceeding N65OE, 442.90 feet to the south-west corner of lot 6, thence proceeding in a southeastwardly direction and including the entire thirty (30) foot road between lots 6, 7, and 8 and lot 9 as shown on the plat made by Paul King, Surveyors, dated February 12, 1920, and recorded in plat book 3, page 186. The street petitioned to be vacated can also be more fully [escribed, by reference to a subsequent unrecorded plat, as follows A street thirty (30) feet in width, being south and west of the following described north and east right-of-way line: Commencing at the point of intersection marked by a rod on the east right-of-way line of the Richmond- Petersburg Turnpike (I-95) Highway with the northern boundary line of property now or formerly owned by 79-181 J. Louis Reynolds; thence, proceeding northwardly along the east right-of-way line of the said Richmond-Pet'ersburg Turnpike (1-95) Highway on a course of N8° 32' 20"E, for a distance of 399.5 feet, more or less, to a point on the said east right-of- way line; thence, proceeding northeastwardly on a course of N29° 18' 20"E, for a distance of 114.1 feet, more or less, to the point of beginning, the north right-of-way line of the said thirty (30) foot street, thence proceeding eastwardly on a course of N60o 07' 33"E for a distance of 442.90 feet, more or less, to a point marked by a rod; thence proceeding in a southwardly direction along the east right-of-way line of said thirty (30) foot street on a course of S59° 22' 27"E 264.99 feet, more or less, to a point marked by a rod; thence proceed-~ ing southwardly on a course of S57° 40' 27"E 232.57 feet, more or less, to a point marked by a rod; thence proceeding eastwardly on a course of S77° 15' 20"E 637.49 feet, more or less, to a point marked by a rod, the point of termination of said thirty (30) foot street. Said street is shown more fully shaded in yellow on a plat made by The United States Department of the Interior, National Park Service, Denver Service Center, dated January 1979, a copy of which is attached hereto and made a part of this ordinance. Said street runs along lots 4, 5, 6, 7, 8 and 9 in the Bellwood Farm Subdivision. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; Whereas, the ~portion of the street to be vacated has been constructed; and Whereas, the present owners of contiguous lots 4, 5, 6, 7, 8 and 9, have no intention presently or in the future of using aid street for development; and Whereas, no public necessity exists for the continuance of street sought to be vacated. Now, Therefore, Be It Qrdai~ed by the Board of Supervisors Chesterfield County, Virginia: That pursuant to Section 15.1-482(b) of the Code of ~inia, 1950, as amended, the aforesaid portion of a street in the Bellwood Farm Subdivision is hereby vacated as it is longer necessary for public use. This ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia, pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effeet of this ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This ordinance shall vest fee simple title in the portion of the street vacated in the owners of the abutting lots free and clear of any rights of public use. Accordingly, this ordinance shall be indexed in the names of the County of Chesterfield as grantor and the United States of America and J. Louis Reynolds and Glenn P. Reynolds, his wife, or their ~uccessors in title, as grantees. Vote: Unanimous 79-182 XII. Mr. Meism. er stated this time and date had been scheduled for a public hearing to consider an ordinance vacating a portion of a plat the Ivey-Tract Subdivision. There being no one present in opposition, it was on motion of Mr. Q'Neill, seconded by Mr. Apperson, resolved that the following ordinance be and it here- by is adopted: An Ordinance to vacate a portion of a plat within the Ivey-Tract Subdivision, Matoaca Magisterial District, Chesterfield County, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 8 at page 52. Whereas, Mary A. Overton has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a plat within the Ivey-Tract Subdivision, Matoaca Magisterial District, Chesterfield, Virginia more particularly shown on a plat recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 8 at page 52, made by J. W. Pugh~ Registered Engineer, dated October, 1945. The portion of the subdivision plat petitioned to be vacated is more fully described as follows: A portion of Ivey-Tract Subdivision, more fully described as follows: Lot 11, Block A in its entirety, all as more fully shown outlined in red on a plat made by J. W. Pugh, Registered Engineer, dated October, 1945, a copy of which is attached heret, o and made a part of this ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the portion of subdivision sought to be vacated and the vacation will not abridge the rights of any citizen; Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the ab. ore described portion of the Ivey.Tract Subdivision is hereby vacated and is no longer necessary for public use. The County hereby reserves all the rights, title and interest in a sewer easement granted to the County by agreement dated September 16, 1975 and recorded December 5, 1975 in Deed Book 1178 at page 710. This ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this ordi, nance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. Accordingly, this ordinance shall be indexed in the names of the County of Chesterfield as grantors and Mary A. Overton, or her successors in title, as grantees. Vote: Unanimous 79-183 o XIII. o XIV. B.A. 3.B. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved and authorized the County Administrator to accept a deed of dedication from Branderm~ll conveying a 50' right of way which is known as Hunts Bridge Lane and as shown on the attached plat filed with the papers of this Board. Vote: Unanimous Mr. Painter presented the Board with a list of developer water and sewer contracts approved by the County Administrator. Mr. Muzzy stated that the Chairman of the Virginia Department of Highways and Transportation notified various local governments that four public hearings would be held throughout the state to eli¢i~t suggestions on the existing policy for acceptance of subdivision streets into the state system. He stated the proposed suggestions will not affect the cost of developing or building in the County but will affect the administrative procedures and will clearly indicate what the procedures are exactly. Mr. Apperso inquired if this would cause more problems. Mr. Micas stated the Highway Department intends to pass statewide standards no matter what the County does but this will ~help the developers in Chesterfield realize what needs to be done and what is happening regarding road construct~'~n. Mrs. Girone stated that she Wanted the staff to keep in mind that anything sugges by the Comty should not increase the red tape, timmtables, etc. After further discussion,.,.o~ the matter, it was on motion of Mrs. Girone, seconded by Mr. ~Apperson, resolved that the following resolution be adopted and the attached statement be sent to the Virginia Department of Highways and Transportation: Whereas, the Chesterfield County Board of Supervisors was asked by the Virginia Department of Highways and Transportation to comment on the existing policy for subdivision requirements; and Whereas, on March 29, 1979, staff members did attend the public hearing; and Whereas, the Chesterfield County Board of Supervisors is concerne, d with the orderly development of new subdivision roads in the County. Now, Therefore, Be It Resolved that the Chesterfield Board of Supervisors requests that the Highway Commission place in the official record, the attached statement. Vote: Unanimous On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved the installation of street lights at the intersection of Normandale Avenue and Omaha Street and at the intersection of Rochelle Road and Kiefer Road with any associated costs for these street lights to b~ expended from the Bermuda District 3¢ Street Light Funds and further the Board denied the request for a street light at the intersection of Troydale Road and Omaha Street because it does not meet the criteria. Vote: Unanimous 'It was generally agreed to defer consideration of a request for a street light at the intersection of McHoward Road and Saldale Road until the Environmental Engineer has investigated the matter further and deferred the request for a street light on Courthouse Road until June 27, 1979. 79-184 3.C. 4. A. Vote: Unanimous Mr. Muzzy stated the James River Bus Lines has made application to the State Corporation Commission for authority to operate two daily routes between Richmond and Petersburg along Route 1-301 and 1-95. Mr. Apperson questioned the exception that was asked to be removed regarding not picking anyone up between Richmond, Peters- burg and Hopewell. Mr. Micas stated that will permit them to stop any place under the new application which was not permitted under the old application. Mr. Bookman inquired why they were not requesting a route on Route 360. Mr. Muzzy stated there'is a report being compiled as to viable bus routes in the County and they will coming back?to the Board with a recommendation. On motion of Mr. Dodd, seconded by Mr. Bookman, the following resolution was adppted: Whereas, the Chesterfield County Board of Supervisors believes that the mass transportation needs of the public are provided more effic,ientlyand economically by private transit operators; and Whereas, James River Bus Lines is willing to operate a bus service along the Route 1-301 corridor in Chesterfield County between Richmond and Petersburg. Now, Therefore, Be It Resolved that the Chesterfield County Board of Supervisors requests the State Corporation Commission to approve the application of James River Bus Lines for the operation of bus service utilizing. Route 1-301, Route 10 and 1-95 in Chesterfield County. Vote: Unanimous Mrs. Girone stated that in the middle of May a report would be ready which explains a program that will be a demonstration bus project for one year to det-ermine its success and the Boar~ wi!! receive a copy of the May ,report. On motion of Mr. O'Neill, seconded by Mr. Dodd,~ the Board requested that a "County Property" sign be placed on a dedicated 50 ft. road from ,~.reely Road to Branders Bridge Road to prevent private individuals from plowing, etr. the roadway. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an amendment to the Johnson's Creek Subdivision and Development Drainage District. Mr. Muzzy and Mr. McElfish, Environmental Engineer, were present and explained the changes which reduced the size of the district from 4,700 acres to 479; which increased the cost per acre from $3,152 to $5,419+; and which will permit the County to refund prorata payments to those who have contributed and who are not now in the district. Mr. Gilman Sloan, Mr. BUtler a~d Mr. Bob Porter were sent and stated they would like to See this amendment approved. Mr. M~Elfish stated that he did not allow a building permit or recordation until the prorata share of the district cost is paid. He stated there is a lot of flexibility as to how this can be paid, whether if should be done initially, if the Cotmty put up some frc~ money, etc. but that could be determined at a later date. Mr. George Woodall, Director of Economic Development, stated there is a great deal of activity in this area, there is good transport capabilities and the tax climate is favorable. He stated this area is excellent for industrial development and agrees with the adoption of this amended district. Mr. Dodd stated the ~money was not.available except for the enginee 79-185 4. B. ing and the Board would have to commit to this expense at a later date for putting up front money if needed. Mr. Dodd inquired how the County collected this money from developers of the district. Mr. Micas stated that it would be .collected as a condition of development which is required by state law. Mr. Dodd ~inquired if this matter could be delayed for two weeks to discuss the financial assistance by the County. Mr. Micas stated that the financing method was flexible but it had to be done by some method. Mrs. Girone suggested that this amendment be adopted especially since the County Attorney says the method of financing is flexible and if an applicant comes with a proposal, it could be discussed at that time. Mr. Micas stated the boundary could be approved but if an industry comes in, they will have to pay according to the estimated engineering figures and will be assessed more or less on actual engineering figures when they are available. After further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that the amendment to the Johnson Creek Subdivision and Development Drainage District be amended as filed with the papers of this Board, ~hat Staff is directed to have this drafnage~ district engineered as to actual cost per .acre and.furth~er that the method of financing the improvements within the district will 'be consider at a later date. Vote: Unanimous Mr. Apperson excused himself from the meeting. Mr. Meiszer stated this time and date were scheduled for a public hearing to consider an ~rdinance relating to dog kennels. There being no one present in opposition, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that the following ordinance be and it hereby is adopted: An Ordinance to amend the Code of the County of Chesterfield, 1978, as amended, by amending Sections 21-3, 21-50, 21-81, 21-142 and 21-155 relating to Dog Kennels Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That Sections 21-3, 21-50, 21-81, 21-142 and 21-155 of the Code of the County of Chesterfield are amended as follows: Sec. 21-3. Definitions. Kennel, Private. A place where three or more dogs more than six months old are kept for private use. Kennel, Commercial. A facility where dogs are kept for boarding, breeding, care, grooming, sale or other purpose for commercial gain. Sec. 21-50. Parking spaces required. (w) Kennel, commercial Sec. 21-81. Same--Special exceptions. 1 for each 200 sq. ft. of gross floor area (m) Kennel, private. 79-186 ~c.. 21-142. Permitted uses--By r.i~ht, 5.A. 5.B. Vote: (f) Kennel, private, Sec. 21-155. Same--Conditional Uses. The following uses may be allowed by conditional use in the B-1 District, subject to the provisions of section 21-34: (a) Any conditional use as allowed in the R-40 District, unless previously allowed in section 21-153. (b) Jails, prisons, road camps. (c) Commercial parking lot. (d) Kennels, private. (e) Kennels, commercial. Unanimous Mr. Apperson returned to the meeting. Chief Eanes stated the Bon Air Volunteer Fire Department has contributed an additional $4,000 towards the purchase of a quick attack pumper with pump, booster tank and other related equipment in addition to the $15,000 originally proposed. He s~ggested that funds amounting to $28,100 from sale of used fire trucks be used to pay the remainder. After further consideration of the matter, it was on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that Emergency One, Inc. be awarded the contract for a quick attach pumper with other related equipment in the amount o~. $44,157 because it was considered to be the lowest and best bidder taking into consideration the qualities of equipment to be supplied, their conformity with the specifications, their suitability to the requirements of department and the delivery terms and fuzther the Board: 1. Increase Planned Budget Revenue account 111-1-00011-0801 Contributions - Misc. by $19,000. Appropriate $25,000 from the Unappropriated Surplus of the General Fund and transfer and appropriate $44,000 to Planned Budget Expense account 111-1-07120-4522 Fire Apparatus - New.~ Vote: Unanimous Chief Eanes stated that at the Fire Committee meeting on January 10, 1979, the Board requested that a concrete proposal be presented to them from the District Chief's Association for a professional county-wide recruitment program for volunteer firefighters. He stated that it was the Chiefs' unanimous decision to recommend Carlton Communications, Inc. whose program would invOlve~an audio-visual presentation to be used by volunteer radio spots, print ads and posters to be used in newspapers, company publications, and high sch0ols~ newspapers, a portable dis- play to be used at the County Fair, shopping malls, etc., flyers to be distributed through water bills in addition to news releases articles and press conferences. Mr. Bookman felt the volunteer firefighters would be the be~t salesmen for the recruitment of additional'.!firefighters. Chief Eanes stated most firefighters were employed full time, Volunteered time to the fire department and probably would not have time to volunteer for the recruitment program. He stated there are approximately 200 active firefighter in the County at this time compared to about 500 before annexation He stated it would be healthy to have approximately 25 volunteers per station which should average about 17 men to a fire~ 79-187 He stated at the present time five to eight volunteers may res to a fire. Mrs. ~Girone stated she felt something of this type was needed to make ithe public aware of the need and exposure see to be a good idea. Chief Eanes stated that there was no way to guarantee any success from this program but the cost of the program would pay for one paid firefighter for one year. He stated there are 12 companies in the County, 7 of which are both paid and volunteer and five that are strictly volunteer. After further consideration of the matter, it was on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that the Board appropriate $15,000 from the Unappropriated Surplus of the Genera Fund to Planned Budget expense account 111-1-07120-2985 Recruitment Program by Carlton Communications, Inc., as outlined in their proposal. Ayes: Mr..O'Neill, Mrs. Girone, Mr. Apperson and Mr. Dodd. Abstention: Mr. Bookman. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board: Increased Planned Budget Revenue account 111-1-00012-0925 Chapter 10 Grant by $2,369, and increased Planned Budget Expenditure account 111-1-09310-2955 Camp Baker by $2,369. Increased Planned Budget Expense Revenue accounts as follows.: (CETA Contracts) 220-1-00012-1061 220-1-00012-1062 220-1-00012-1063 220-1-00012-1064 220-1-00012-1065 Parks & Recreation Grant Land Use & Dev/Com. Dev. Making & Servicing Rural Housing Economic Resources Research Title VI Sustainment Total $ 5,033 16,039 13,210 6,080 58,810 Also increased Planned Budget Expenditure accounts as follows: 220-1-10603-1201 Salaries & Wages-Part Time 220-1-10603-1311 FICA $ 4,742 291 220-1-10604-1201 220-1-10604-1311 220-1-10604-2371 Salaries & Wages-Part Time FICA Travel 13,841 848 1,350 220-1-10615-1201 Salaries & Wages-Part Time 220-1-10615-1311 FICA 12,447 763 220-1-10621-1201 220-1-10621-1311 220-1-10621-2361 220-1-10621-2371 Salaries & Wages-Part Time FICA Training Travel 4,992 306 285 49 7 220-1-10645-1201 220-1-10645-1311 220-1-10645-2361 Salaries & Wages-Part Time FICA Training Total 54,000 3,310 1,500 $99,172 Decreased Planned Budget Expenditure account 111-1-31400-4123 Contingency by $2,000 and increased Planned Budget Expenditur. account 516-1-11310-4301 Renovation to Structures by $2,000 (Airport basement~ighting). Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the Board appropriated $3,486.30 from the Unappropriated Surplus of the General Fund to pay for legal services rendered by Frederick Gray who represented the Board of Zoning Appeals in the American Fletcher v. Board of Zoning Appeals Case. Vote: Unanimous 79-188 On motion of Mr, Apperson, seconded by Mrs. Girone, b.e it resolved that pursuant to the request of Chesterfield Aviation, Inc., this Board hereby terminates a Lease Agreement between the County and Chesterfield Aviation dated October ]., 1978 for office space to conduct a flight school and other business at the Airport. This termination is by mutual agreement of the parties and is without forfeiture, waiver or release of the County's rights to any sums of money due under such lease for rents fees or fuel purchases. ' Vote: Unanimous On motion of Mr. Apperson, seconded by Mrs. Girone, b~ it resolved that the Board approves a Lease Agreement between the County and Air Chesterfield, Inc. to operate a flight school at the Chesterfield County Airport for an annual rent of $600.00 plus certain other fees included in such lease. Vote: Unanimous Mr. Dennis Parker, Airport Manager, stated the reason for these changes is because the owner now wants to operate a flight school rather than rent it out. On motion of Mrs. Girone, seconded by Mr. Apperson, be it resolved that pursuant to Section 58-1016 of the Code of Virginia 1950, as amended, the County Attorney is directed to enforce the County's lien for delinquent real estate taxes on the following parcels of land: A parcel of land located in the Matoaca Magisterial District of Chesterfield County, designated as lot 10 on tax map (181-4)(1). A parcel of land located in the Dale Magisterial District of Chesterfield County, designated as lot 3 on tax map (81- 9) (1), o A parcel of land located in the Bermuda Magisterial District of Chesterfield County, designated as the western half of lot 135, block K of the Village of Chester Subdivision. A parcel of land located in the Midlothian Magisterial District of Chesterfield County, designated as lot 11 on tax map (17-12) (1). Vote: Unanimous 10. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved the following erroneous tax claims for payment: Bonnie B. Byrd Jean Ann Vall~ c/o Eugene M. Valle Uwe McDermott Christine M. Stiles County Vehicle License County Vehicle License County Vehicle License County Vehicle License $ 15.00 15.00 15.00 15.00 Vote: Unanimous 11. Mr. Don Unmussig, representing the Chesterfield Baseball Clubs, Inc., requested that the Board approve a lease agreement between their group and Chesterfield County for the concession facility at Rockwood Park. He stated this is the same agreement as adopted in previous years except that they would like it to be a three year lease rather than one year because they want to borrow money to improve the facility with an air conditioning system, 79-189 12. and a large ice machine. He stated it would take approximately three years to pay off the loan of $3,000 for these items and the Parks.. and ,.Recreation Department does agree with this proposal. Mrs. Girone commends Mr. Unmussig and CBC for the fine work they are doing with the children. Mr'. Unmussig stated the Parks and Recreation Department has done an outstanding job keeping the fields in good playing condition. After further discussion of the matter, it was on motion of Mr. Bookman, secondE by Mr. Dodd, resolved that the County Administrator enter into an agreement with Chesterfield Baseball Clubs, Inc. for a three year lease agreement for the concession facility at Rockwood Park, a copy of which is filed with the papers of this Board. Vote: Unanimous Mr. Meiszer stated the County had been formally notified that the roads in the following areas had been accepted into the State System effective as indicated: Brandermill, Northwich S~ction 1 (April 5, 1979) Length Northwich Court - Beginning at Northwich Drive thence northeasterly 0.08 mile to a cul-de-sac. 0.08 mi. Northwich Drive - Beginning at Millridge Parkway (State Route 1920) thence southwesterly 0.03 mile to Northwich Road thence southwesterly 0.14 mile to Northwich Drive thence southwesterly 0.03 mile to Northwich Court thence westerly, northerly and easterly 0.11 mile to Northwich Drive. 0.31 mi. Northwich Road - Beginning at Northwich Drive thence northerly 0.05 mile to Northwich Terrace thence northerly 0.03 mile to a cul-de-sac. 0.08 mi. Northwich Terrace - Beginning at Northwich Road thence southwesterly 0.11 mile to a cul-de-sac. 0.11 mi. Pennwood - Section 1 (April 5, 1979) i,Barkbridge Road - Beginning at Belmont Road (State Route 651) thence westerly and northerly 0.31 mile to Barkbridge Court. 0.31 mi. Barkbridge Court - Beginning at Barkbridge Road, thence northerly 0.06 mile to a cul-de-sac. Roxshire, Sections 1 and 2 (April 5, 1979) 0.06 mi. Old Gun Road West - Beginning at intersection with Robious Road, State ROute 711, and going 0.18 mile southerly to intersection with Weisinger Lane, thence 0.08 mile southerly to intersection with Framar Drive. 0.26 mi. Weisinger Lane - Beginning at its intersection with Old Gun Road West and going 0.05 mile westerly to a cul-de-sac. 0.05 mi. Weisinger Lane - Beginning at its intersection with Old Gun Road West and going 0.13 mile easterly to a temporary turnaround. 0.13 mi. Framar Drive - Beginning with its intersection with Old Gun Road West and going 0.05 mile westerly to intersection with Carbon Hill Drive, thence 0.06 mile westerly to a temporary turnaround. 0.11 mi. Framar Drive - Beginning at intersection with Old Gun Road West and going 0.10 mile easterly to intersection with Carbon Hill Drive, thence 0.03 mile easterly to a temporary turnaround. 0.13 mi. 79-190 Roxshire, Sections 1 and 2 (continued) Carbon Hill Drive - Beginning at intersection with Framar Drive and going 0.09 mile southerly to inter- section with Diamond Hill Drive, thence 0.09 mile south- erly to intersection with Carbon Hill Court, thence D.09 mile southerly to a temporary turnaround. Carbon Hill Drive - Beginning at intersection with Framar Drive and going 0.04 mile southerly to a temporary turnaround. Diamond Hill Drive - Beginning at intersection with Carbon Hill Drive and going 0.12 mile westerly to a temporary turnaround. Carbon Hill Court - Beginning at intersection with Carbon Hill Drive and going 0.06 mile westerly to a ~ul-de-sac. Centralia Gardens~ Resubdivision Lots 67 and 68 (April 5, i979') rhornington Drive - Beginning at State Route 788 thence west 0.14 mile to a temporary turnaround. Brandermill, Timber Ridge (April 5, 1979) Timber Ridge Court - Beginning at Timber Ridge Road ithence northerly 0.05 mile to a cul-de-sac. Timber Ridge Road - Beginning at East Timber Ridge iRoad, thence north and westerly 0.23 mile to Timber iRidge Road. Beginning at East Timber Ridge Road, thence south and westerly 0.22 mile to Timber Ridge Court thence north and easterly 0.20 mile to Timber Ridge Place, thence northerly 0.06 mile to Timber Ridge Road, thence 0.04 mile to Brandermill Parkway (Route 1920). East Timber Ridge Road - Beginning at Millridge Parkway (State Route 1920) thence westerly 0.04 mile to Timber Ridge Road. Timber Ridge Place - Beginning at Timber Ridge Road thence southeasterly 0.10 mile to a cul-de-sac. Rocky Run - Section 2 (May 1, 1979) Donegal Drive - Beginning at intersection with Qualla Road (State Route 653) westerly 0.20 mile to inter- section with Donegal Court thence westerly 0.20 mile to a temporary turnaround. Donegal Court - Beginning at inter.~ection with Donegal Drive southerly 0.06 mile to a cul-de-sac. Mr. Meiszer listed appointments which were still vacant, Length 0.27 mi. 0.04 mi. 0.12 mi. 0.06 mi. 0.14 mi. 0.05 mi. 0.75 mi. 0.04 mi. 0.10 mi. 0.40 mi. 0.06 mi. Mr. Bookman excused himself from the meeting, On motion of Mrs. Girone, seconded by Mr. Dodd, the Board awarded the construction of the Mz~dlothian Branch Library to LADCO, Inc. who submitted the low bid of $515,775.00 as recon~nended by the co~s.ultant ~which bid includes the cedar shake roof. Landscaping is to be done be County forces and is not part of this contract. Vote: Unanimous 79-191 13. Mr. Bookman returned to the meeting. Mr. Meiszer distributed a proposed schedule for the awarding of the cable television franchise and a list of procedural rules for the conduct of the public hearing on awarding of the cable television franchise. Mr. Micas stated he felt these procedures needed to be set in order to be fair to all and that they would have to be strictly adhered to. After further consideration of the matter, the Board agreed with the following schedule for the awarding of the cable television franchiSe: Preliminary Evaluations Completed by Consultant 05-01-79 Applicants Submit Responses to Consultant's Further Inquiries 05-21-79 Consultant Completes Evaluations and Submits to County Administration 05-28-79 Public Hearing on A~ard of Cable ~TV Francbise~ · '~(7:00 p.m.) 06-07-79 Award of Franchise at Board Meeting 06-13-79 and further the Board generally agreed to the procedural rules foe the public hearing and authorized a copy to be sent to each of the three bidders. The Board generally agreed to recess for lunch. Reconvening: 79SR071 In Midlothian Magisterial District, Mounty K. May requested renewal of a Mobile Home Permit to park a mobile home on property which she owns and better known as 210 Twin Ridge Lane (Sheet 8). Tax Map 18-15 (1) parcel 5. Ms. Virginia Kelly was present representing Ms. May. There being no opposition present, it was on motion of Mrs, G~rone, seconded by Mr. Dodd, resolved that this request be approved for a period of five years. Vote: Unanimous 79SR072 and 79SR073 In Dale Magisterial District, Shoosmith Brothers, Inc. requested renewal of a Mobile Home Permit to park a mobile home on property which they own and better known as 11800 Lewis Road (Sheet 31). Tax Map 113 (1) parcel 21. In Dale Magisterial District, Shoosmith Brothers, Inc. requested renewal of a Mobile Home Permit to park a mobile home on property which they own and better known~ parcel lin the vicinity of 11800 Lewis Road (Sheet 31). Tax Map 114-9 (1) parcel 1. Mr. Thomas Guy, representing Shoosmith Brothers, Inc., was present There being no opposition present, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that these two requests for mobile home permits be and they each are hereby appr¢ for a five year period. Vote: Unanimous 79-192 ~d 79SR074 In Dale Magisterial District, Wesley A, Chapman requested renewal of a Mobile Home Permit to park a mobile home on property which he owns and better known as 4700 Little Creek Lane (Sheet !5). Tax Map 52-15 (1) parcel 3-1. Mr. Chapman was present~ There being no opposition present, it w on motion of Mr, Apperson, seconded by Mr. Bookman, resolved that this request be and it hereby is approved for a period of five years. Vote: Unanimous 79SR075 In Bermuda Magisterial Dist=ict, Mildred Tiller McCray requested a Mobile Home Permit to park a mobile home on property which belongs to Olga Tiller, mother of the applicant, and better known as 12517 S. Chester Road (Sheet 32). Tax Map 115-15 (1) pa=cel 8. Ms. McCray was present. There being no opposition present, it was on motion of Mr, Dodd, seconded by Mr. Apperson, resolved that this request be and it hereby is approved for a period of five years. Vote: Unanimous 79SR076 In Midlothian Magisterial District, Gertrude B. Draper requested a Mobile Home Permit to park a mobile home on property which belongs to Charles Burford, brother of the applicant, and better known as 1402 Westfield Road (Sheet 7). Tax Map 15~7 (1) parcel 2-2 Mrs. Draper was present to answer any questions of the Board. There being no opposition present, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request be approved for a period of five years. Vote: Unanimous 79SR077 In Midlothian Magisterial District, Clifton Armstead requested a Mobile Home Permit to park a mobile home on property which belongs to Henry Burford, grandfather of the applicant, and better known as 14011 Westfield Road (Sheet 7). Tax Map 15-7 (2) lot 31. Mrs. Draper was present representing Mr. Clifton Armstead. There being no opposition, it was on motion of Mrs. Girone, seconded by Mr, Bookman, resolved that this request be and it hereby is approved for a period of five years. Vote: Unanimous 14. 79S025 In Midlothian Magisterial District, Virginia Landmark Corp. requested a Conditional Use for multi-family development in a Residenti~l (R-7) District on a parcel fronting approximately 500 feet on Westfield Road also fronting approximately 320 feet on Railroad Avenue and located in the northeast quadrant of the intersection of these roads. Tax Map 15-8 (1) parcel 26 (Sheet Mr. Doug Woolfolk was present represeB_tir~ the sellin~ party as well a~ the Virginia Landmark Corporation. He stated he felt this Condi~ion~ Use ~as good for the overall development of the area and he felt 79-193 Vi. mginia Landmark would do a commendable job. the conditions were agreeable, He stated that There being no opposition present, it was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that this request be and it hereby is approved subject to the following condi, tions as recor~ended by the Planning Commission: An overall site and landscaping plan shall be prepared in accordance with Chapter 21, Article III, Division 12 of the Chesterfield County Code and approved by the Department of Community Development prior to the issuance of any building permit. 2. 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 surrounding area. The developer shall submit a plan to the County Engineering Department which will provide for on and off-site drainage contrOl. The plan shall explain the method and shc~ the facilities to be utilized in th hydraulic engineering of this project. This plan shall be approved by Environmental Engineering prior to the issuance of any building permit or clearing of land and implemented prior to the issuance of any occupancy pe 3. The developer shall subfnif A plan for erosion and sediment control to Environmental Engineering. Such a plan shall be comprised of vegetative and engineering practices (as outlined in the "ErosiOn_~ and Sediment Control Technical Handbook" published by the James River Soil and Water Conservation District) to be utilized as erosion and sediment control measures for the project. The plan shall be approved by Environmental Engineering prior to the issuance of any building permit and implemented prior to clearing any land. Public water and sewer shall be used and the developer shall submit water and sewer plans for approval to the County Utilities Department prior to the issuance, of any building permit. All necessary water, sewer and drainage easements, a~ may be determined by the County Right-of-Way Engineer, shall be granted to the County of Chesterfield prior to the issuanc~ of any building permit. The number of units permitted shall not exceed eighty (80). The total number of dwelling units in any one building or structure shall not exceed ten and no structure shall exceed a length of 200 feet. Thirty (30) feet of right-of-way measured from the center- lines of Westfield Drive and Railroad Avenue (improved portion for the length of the property, shall be dedicated to and for the County of Chesterfield, free and unrestricted. These dedications shall be accomplished prior to the release of any building permit. Railroad Avenue, from its intersection with Route 60 north- ward to Westfield Drive, shall be constructed to the VDH&T standards prior to the issuance of any occupancy permit or shall be under construction with approved surety. Railroad Avenue shall be dedicated as a sixty (60) foot right-of-way for the entire length, as described above. The existing twenty (20) foot right-of-way of Railroad Avenue shall be constructed so as to align with the proposed entrance road into the project. The entrance road leading from Westfield Drive shall be a two~ lane public road throughout the entire project. This road shall have a minimum right-of-way width of sixty (60) feet, shall be constructed to State specifications and taken into the State System prior to occupancy of the fiftieth unit. 79-194 10. 11. 12. 13. 14. 15. 16. 17. 19. 20. This road shall be stubbed into adjacent property to the northeast. A fifty (50) foot radius 'shall be provided at the end of all stub roads. A minimum of twenty-four (24) feet of pavement width shall bE provided on all access roads leading from public roads and o~ all other private streets and driveways. As used herein, "access roads" shall be those roads designated as such by the Department of Community Development. Ail roads,~driveways and parking areas shall be paved, curbed and guttered. Ail buildings constructed along any public road(s) shall fro~t that road(s) or the rear yards of such buildings shall he screened from view from such roads. A plan for the screenin~ of such yards shall be submitted to the Division of Develop-~ ment Review for approval in conjunction with final site plan review. A fifty (50) foot buffer shall be maintained along all property lines. The ~erection of any structures shall not be permitted within these buffer areas, patios & decks shall however, be permitted within these buffers. Parking, access roads and public roads may encroach within these buffers no more than thirty (30) feet, except in those areas shown on the revised site plan dated 3/15/79, the right-of-way may encroach into the fifty (50) foot buffer forty (40) feet. These buffers shall consist of the existing natural vegetation supplemented with additional evergreen planting in cleared areas of one hundred square feet or greater. Clearing or grading within these buffers shall not be except in areas where parking, access roads or public roads a~ provided. A landscaping plan depicting these requirements shall be submitted to the Division of Development Review for approval in conjunction wi~h final site plan review. Ail structures shall be a minimum of fifteen (15) feet from any parking ~pace. Sidewalks shall be provided and shown on the plan at the discretion of the Department of Community Development. Such sidewalks shall have a width of at least four to six feet as deemed necessary by the Department of Community Development. Parking spaces shall be provided at a ratio of two (2) per dwelling unit. A centrally located storage area for boats, camper~s,~ travel and utility trailers shall be provid ed, the total of which may be subtracted from the total number of required spaces or the parking of boats, campers, travel and utility trailers shall be prohibited by deed res triction. A plan showing the area and facilities for recreation shall be submitted to and approved by the Department of Community Development prior to the issuance of a building permit. A community building and swi~m~ing pool shall be included in the construction of the first 50 units. There shall be two (2) independent and physically remote exitways from each dwelling unit so as to afford reasonable fire safety to occupants. Where the roof surfaces of adjacent townhouse units are not in the same plane, there shall be a minimum distance of eight inches between the planes of the roof surfaces. Fire retardant material shall be used for the decking and support ing members on both roofs within four feet of the centerline 79-195 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. of the party wall, where the roof surfaces are between eight inches and two feet eight inches apart and the party wall may terminate under the deck of the higher roof. The developer shall provide fire hydrants. The required number(s) and location(S) shall be in accordance with national. ly recognized standards. A plan for the provision of fire hydrants and main sizes shall be submitted to and approved by the Chesterfield Fire and Utilities Departments. An all weather fire lane, in accordance with the Chesterfield Fire Prevention Code, shall be provided to afford access to each building for fire fighting activities and equipment or a horizontal dry standpipe shall be provided to the rear of all units. Ail structures shall be separated by a minimum of twenty (20) feet. (Note: Reduction of separation from thirty (30) to twenty (20) feet may require a higher water pressure for fire fighting purposes.) Automatic sprinklers, fed by domestic water system and equipped with flow alarm switches tied into a building fire alarm bell, shall be provided in Mechanical Equipment rooms, laundries, repair shops, and rooms or spaces used for storage of combustible supplies and equipment. Project owner and/or manager shall provide and approve fire extinquisher in each cooking area or kitchen. Ail roof covering shall be Class C, or better, as defined by the Virginia Uniform Statewide Building ICode. An in-depth plans review shall be conducted prior to the issuance of building permit, Plans review shall cover items such as, but not limited to, height and area computations, means of egress, fire protection, light and ventilation and mechanical systems. A pre-occupancy inspection shall be conducted by the Fire Prevention Bureau in cooperation with the Building Inspector Office prior to the issuance of any occupancy permit. The developer shall provide an adequate number of trash containers, the number of which shall be determined by the County Health Department. All outdoor trash receptacles shal be screened from view by a solid board fence or evergreen planting. Trash collection shall be on a regular basis in order to prevent any health problems. The architectural design shall be similar to that depicted in the renderings submitted with the application. The above noted conditions notwithstanding the plan submitted with the application and attached hereto shall be considered the plan of development. Vote: Unanimous 79S026 In Clover Hill Magisterial District, Elwood Williams and Eastern Construction Company requested a Conditional Use to operate a landfill on a 37,459 acre parcel fronting approximately 50 feet on Coalboro Road and located approximately 4000 feet south of its intersection with Beach Road. Tax Map 108 (1) Parcel 34 (Sheet 28 Mr. Williams and Mr. Paul Robins were present and stated the neighbors in the immediate area were in favor of this request, Mr. Bobby Bates, an adjacent property owner, stated he did not 79-196 oppose this request for a. landfill to dispose of forest materials like dirt, stumps, etc. He stated further the County should look into recycling these types of wastes which might pay its own costs and bring some additional revenues to the County. Mr. O'Neill stated the Board had been investigating this possibilJ since 1972. Mr. Balderson indicated three letters from other property owners had been received voicing their support of this application. Mr. Thomas Reynolds, a resident in the 'area, stated that he felt this was merely a business opportunity and he did not want to live near.,~a lar~dfill. He stated the roads were not constructed for heavy industrial use, there is an existing landfill 300-600 fl down the road; his real estate value will decrease if this land- fill is located this close to his property; there will be falling debri off the trucks; that a landfill should not be located so close to a water source as it is to the Winterpock Creek which flows into the Appomattox River; and he would prefer that dumping be back off the road out of site distance. Mr. O'Neill stated that the State Health Department would have to approve this request as well and if it were not approved, Mr. Williams could not operate the landfill. Mr. Bookman stated the State Water Control Board would also have to consider this and issue a permit if it were approved. He stated that landfill dumping would not occur .'on the road but approximate- ly 500+ off the road because Mr. Williams will have to be 100 ft. from Mr. TJ~ndse¥'s property line before he could dump. He also added that the road will have to be scarified. ~ He stated further that he felt Mr. Williams would do as he said and run a clean operation but should he violate any of the conditions, Mr. Thomas could call this to the attention of the Zoning Office. Mr. Williams stated this would be for their own personal use only. There being no further discussion, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be approved subject to the conditions as recommended by the Planning Commission:~ This Conditional Use shall be granted to and for Elwood Williams and Eastern Construction Company and shall not be transferrable nor run with the land. No dumping shall occur closer than one l~undred (10.0) ft. to property line or creek. This one hundred foot area shall be considered a buffer with no clearing or grading permitted within this area. Only one access shall be permitted to the parcel. This shall be secured so as to prohibit the indiscriminate dumping of materials and the applicant shall be responsible for the removal of any materials dumped along the access road. The road shall be gravelled and maintained to all weather road s t andards. 4. This landfill shall be restricted to the dumping of stumps, land cleared materials and building materials. At the end of each week, all dumping shall be covered to a depth of not les than six (6) inches. Upon completion of fill, the area shall be graded and seeded. This Conditional Use shall be granted for a period not to exceed five (5) years from date of approval and may be renewe~ upon satisfactory reapplication and the demonstration that thi operation has not proved a detriment to adjacent and area properties. 6 Prior to the dumping of any building materials, the State Health Department shall be contacted and grant approval for the operation. No dumping shall be permitted except between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday. 79-197 A record of exact fill location and extent shall be maintained and reported to the Department of Community Development upon completion of fill.~ Vote: Unanimous 79S031 In Clover }{ill Magisterial District, Murphy L. Gentry requested rezoning from Agricultural (A) to Residential (R-7) of a 5.465 acre parcel fronting approximately 53.61 feet on Courthouse Road and located approximately 1000 feet southeast of its intersection with Edenberry Drive. Tax Map 27-1 (1) part of parcel 2 (Sheet 8) Mr. Ray Gentry was present representing his father, Mr. Murphy L. Gentry. There being no opposition present, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that this request for Rmsidential (R-7) be approved as reommmnded by the PL~mir~ Comnis sion. Vote: Unanimous 79S032 In Clover Hill Magisterial District, Kings Forest, Ltd. requested rezoning from Residential (R-9) to Residential (R-7) of a 121. 771 acre parcel fronting approximately 1700 feet on Cogbill Road and located directly north of its intersection with Cyrus Street; also in Dale Magisterial District, requested rezoning from Residential (R-9) to Residential (R-7) of a 201.629 acre parcel fronting approximately 5000 feet on the south line of Cogbill Road measured from a point 170 feet west of its intersecti¢ with Old Zion Hill Road. Tax Map 65-3 (1) parcel 1; Tax Map 65-7 (1) parcel 1; Tax Map 65-3 (2) Kings Forest, Section 2, Block B, Lots 45 through 60 and Lots 68 through 77; Block F, Lots 11 through 15; Tax Map 65-4 (5) Kings Forest, Section 2, Block B, Lots 61 through 67 (Sheets 15 & 22). Mr. Balderson stated the application would like a deferral. Mr. stated he would like to have the zoning matter solved prior to discussion of the sewer matter and that the sewer matter had been deferred until May 9, 1979. It was on motion of Mr. Apperson seconded by Mr. Bookman, resolved that this matter be deferred until May 9, 1979 and should come up prior to the sewer item involving Kings Forest. Vote: Unanimous 79S033 In Dale MAgisterial District, Centralia Association requested rezoning from Agricultural (A) to Residential (R-9) of a 72 acre parcel fronting approximately 1000 feet on Centralia Road also fronting approximately 400 feet on Krause Road and located north- east of the intersection of these roads. Tax Map 96-9 (1) parcel 1 (Sheet 31). Mr. Pete Dinger was present to answer any questions. There being no opposition present, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that'~this request for Residential (R-9) be approved as recommended by the Planning Commission. Vote: Unanimous 79S034 In Matoaca Magisterial District, Charles and Mary Cardwell 79-198 requested rezoning from Agricultural (A) to Residential (R-15) of a 3 acre parcel fronting approximately 210 feet on Lewis Road and located approximately 2000 feet north of its intersection with BradleYs Bridge Road and better known as 13110 Lewis Road. Tax Map 131 (1) parcels '7-5 and 7~6 (Sheet 40). Mr. Cardwell was present and questioned the dedication which would be required. Mr. O'Neill asked that Mr, Balderson notify Mr. Cardwell about the second 15 ft. dedication prior to it being imposed. There being no opposition present, it was on motion of Mr. O'Neill, seconded by Mr. Apperson, resolved that this request for Residential (R-15) be approved as recommended by the Planning Commission. Vote: Unanimous 79S035 In CloVer Hill Magisterial District,i:Mamie B, Moody requested rezoning from Agricultural (A) to Residential (R-15) of a 2.755 acre parcel ~{~zonting~approximately 300 feet on Courthouse Road also fronting approximately 250 feet on N. Cottonwood Road and lies approximately 350 feet south of their intersection with Cherylann Road and better known as 1121 S. Courthouse Road. Tax Map 38-2 (1) parcel 1 (Sheet 14). No one being present either for or against the application, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request for Residential (R-I5) be and it hereby is approved as recommended by the Planning Commission. Vote: Unanimous 79S036 In Midlothian Magisterial District, Bob E. Hodgins, Sr. requested rezoning from Residential (R-7) to Office Business (O) of a 1.72 acre parcel fronting approximately 140 feet on Midlothian Turnpike and located approximately 1000 feet west of its intersection with Crowder Drive and better known as 13730 Midlothian Turnpike. Tax Map 15-12 (2) parcel 45 (Sheet 7). There being no one present either for or against the application, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request for Office Business (0) be and it hereby is approved with the applicant profferlhg the following conditions as recommended by the Planning Commission: Ail structures shall be of colonial design and be similar in style to Sycamore Square. Buffers to consist of retention of existing trees and shrubs, where possible, and erection of a six (6) foot high privacy fence or hedge as depicted on the site plan, shall be provided along the east and west property line. o The site plan submitted with the application, prepared by J. K. Timmons and Associates dated 2/1/79, shall be considered the plan of development. Vote: Unanimous 79S037 In Dale Magisterial District, John E. Dodson requested rezoning fro:c Agricultural (A) to Community Business (B-2) of a .5 acre parcel fronting approximately 180 feet on Iron Bridge Road and located approximately 150 feet south of its intersection with Omo Road and better known as 6307 Iron Bridge Road. Tax Map 66-2 (2) 79-199 Ampthill Gardens, Block 1, Lot 63 (Sheet 22). Mr. John Dodson was present, There being no opposition present, it was on motion of Mr. Apperson, seconded by Mr~ Bookman, resolved that this request for Community Business (B-2) be and it hereby is approved as recommended by the Planning Commission. Vote: Unanimous 79S039 In Bermuda Magisterial District, .Donald B. Heslep requested rezoning from Community Business (B-2) to Light Industrial (M-l) of a 4 acre parcel fronting approximately 100 feet on West Hundred Road and located approximately 880 feet west of its intersection with Old Stage Road. Tax Map 116-8 (1) part of parcel 2 (Sheet 32). Mr. Heslep was present. There being no opposition present, it was on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that this request for Light .Industrial (M-l) be and it hereby is approved as recommended by the Planning Commission. Vote: Unanimous 79S040 In Bermuda Magisterial District, Taylor-Parker Co. requested rezoning from General Business (B-3) to Light Industrial (M-l) of 5.25 acres plus a Conditional Use for Planned Development to permit reduction of the required 100 foot setback adjacent to Residential (R-7) Districts on a parcel fronting approximately 235 feet on Jefferson Davis Highway and located approximately 190 feet north of its intersection with Drewrys Bluff Road. Tax Map 67-3 (1) parcels 22 and 24 (Sheet 23). Mr. Balderson stated the applicant had requested a 30 day deferral There being no one present to discuss the matter, it was on motion of Mr. Dodd, seconded by Mr. Apperson, ~esolved that this request be deferred until May 23, 1979. Vote: Unanimous 79S042 In Midlothian Magisterial District, Continental Motor Inns of Virginia, Inc. requested an amendment to a previously granted Conditional Use (Case #76A230) to permit a free standing sign in a Community Business (B-2) District on a parcel fronting approximately 200 feet on Forest Hill Avenue and located approximately 50 feet southeast of its intersection with McRae Road and better known as 8932 Forest Hill Avenue. Tax Map 10-2 (1) parcel 11 (Sheet 3). There was no one present either in favor or in opposition to the request. Mrs. Girone stated she had spoken with the attorney representing the Continental Motor Inns of Virginia, Inc. and he understood that this could not be granted. It was on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that this request be and it hereby is denied as recommended by the Planning Commission. Vote: Unanimous 79S043 In Midlothian Magisterial District, David L. Raine, Sr. requested an amendment to a previously granted Conditional Use to 79-200 permit expansion of an office building and parking facilities ir, a Residential (R-15) District on a parcel fronting approximate] 110 feet on Buford Road and located approximately 350 feet north of its intersection ~ith Forest Hill Avenue and better known as 2735 Buford Road, Tax Map 10-2 (3) Bon Air Heights, Block B, Lot 2 (Sheet 3). Mr. Raine was present and stated the conditions were acceptable. There bei~,g no opposition preSent, it was on motion of Mrs. Giron~ seconded by Mr. Bookman, resolved that this request for an amendment to a previously granted conditional use be approved subject to the following conditions: This Conditional Use shall be granted to and for David L. Raine, Sr., exclusively, and shall not be transferrable nor run with the land. The proposed addition shall be similar in architectural style to the existing structure. No additional alterations or construction shall be permitted. One sign, not to exceed eight (8) square feet in area, shall be permitted. This sign shall not be luminous, nor shall it be illuminated. Prior to the erection of any sign, a rendering shall be submitted to the Division of Development Review for approval. The southern access shall be designated as a one way entrance and the northern access shall be designated as a one way exit. The above noted conditions notwithstanding, all applicable bulk requirements of the Office Business (0) District shall be applicable. An evergreen hedge having an initial heig~,t of not less than six (6) feet shall be in~.talled along the eastern property line. Vote~: Unanimous 79S044 In Midlothian Magisterial District, Ludolf W. Siemens requested a Conditional Use to permit a Montessori School in an Agricultural (A) District on a parcel fronting approximately 480 feet on Courthouse Road and located approximately 140 feet northwest of its intersection with Keithwood Parkway and better known as 120 Courthouse Road. Tax Map 27-2 (1) parcel 2 (Sheet Mr. Siemens was present. Mr. Bookman stated he would like Saturday as well as Sunday not included in the days of operation and would also like to see a dedication of 45 ft, from the cente~ line of the road accomplished for future widening of the road. Mr. Siemens stated these conditions were acceptable as well as the ones recommended by the Planning Commission. There being no opposition, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that this Conditional Use be approved subject to the following conditions: This Conditional Use shall be granted to and for Ludolph W. Siemens, exclusively, and shall not be transferrable nor run with the land. This Conditional Use shall be restricted to between 7:00 a.m. and 3:00 p.m., Monday through Friday. No Saturday or Sunday operation shall be permitted. This Conditional Use shall permit the keeping of no more than 80 children on the parcel at any one ~time. 79-201 o 10. These conditions notwithstanding the site plan submitted with the application shall be considered the plan of development for the parcel in question. The structure erected on the parcel shall have the..,.appearance of a residence and be similar to the renderings submitted with the application. This operation shall be governed by the minimum requirements established for such use by the State of Virginia. One sign, not to exceed eight square feet, shall be permitted. This shall not be luminous nor illuminated. Prior to the erection of the sign, a rendering shall be submitted to the Division of Development Review for approval. Ail outside activity involving children shall be confined to the play area shown on the site plan, This area shall be screened from view by a combination of fencing and evergreen vegetation. The entrance drive shall be constructed so as to provide the best sight distance possible and the embankment along Courthouse Road shall be granted in a manner so as to accomplish this. Prior to the issuance of any building permit, 45 ft. from the centerline of Courthouse Road acCoss .the entire parcel of land shall be dedicated to the County for future widening of Courthouse Road. Vote: Unanimous 79S045 In Clover Hill Magisterial District, R.E.A.L. Limited Partner- ship requested rezoning from Residential (R-7) to Agricultural (A) plus a Conditional Use to permit an office building on a .39 acre parcel fronting approximately 100 ft. on Pocoshock Boulevard and located approximately 675 feet north of its inter- section with Hull Street Road and better known as 2533 Pocoshock Boulevard. Tax Map 40-5 (2) Pocoshock Hills, Lot 6 (Sheet 15). Mr. George McNeill was present and requested that condition #2 as recommended be deleted. It was generally agreed to replace condition #2 with the dedication of 30 ft. from the centerline of Pocoshock Boulevard. Mr. McNeill inquired if condition #4 would prevent him from modifying the rear stoop. Mr. Balderson stated it would not. There being no opposition present, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolvmd that this request for Agricultural (A) and a Conditional Use be approved with the understanding the applicant has prof£e=~d the following conditions: This Conditional Use shall be limited to professional offices exclusively. Prior to occupar~cv, the apolicant shall dedicate 30 ft. ~rcm the center]in, Pocoshock Boule.yard to the County for future widening of said Boulevard. across the entire parcel fronting on the road. Only one sign, not to exceed eight (8) square feet in area shall be permitted. This sign shall not be luminous nor shall it be illuminated. The colors of the sign shall be subdued earth tones. Prior to the erection of the sign, a rendering shall be submitted to the Division of Development Review for approval. There shall be no exterior alterations or additions to the existing structure other than normal maintenance. 79-202 All parking shall be confined to the rear and north side of the structure, There shall be no parking permitted in the front yard. The above noted conditions notwithstanding, all bulk requirements of the Offi~e Business (0) District shall be applicable. Vote: Unanimous 79S046 In Dale Magisterial District, James Clark requested a Conditional Use to permit the operation of a day care center in an AgriCultural (A) District on a parcel fronting approximately 140 feet on Iron Bridge Road and located approximately 2600 feet south of its intersection with Beulah Road. Tax Map 79-8 (1) parcel 5 (Sheet 22). Mr. John Dodson was present representing the applicant and stated the conditions were agreeable. There being no opposition present, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request for a Conditional Use be and it hereby is approved subject to the following conditions as recommended by the Planning Commission: TEis Conditional Use shall be granted to and for James Clark, exclusively and shall not be transferrable nor run with the land. This Conditional Use shall permit the keeping of no more than fifty (50) children on the parcel_ at any one time. Hours of operation shall be restricted to between 7:00 a.m. and 6:00 p.m., Monday through Saturday. No Sunday operation shall be permitted. This operation shall be governed by the minimum requirements established for such use by the State of Virginia. One sign not to exceed eight (8) square feet in area shall be permitted. This sign shall not be luminous nor illuminated. The sign shall employ subdued earth tone colors. Prior to erection of the sign, a rendering shall be submitted to the Division of Development Review for approval. Ail outside activity shall be confined to the play area shown on the site plan submitted With the application. This area shall be screened from view by a combination of privacy fencing and evergreen planting. o Ail parking and driveway areas shall either be paved or graveled. A minimum of one parking space for each employee plus four additional spaces shall be provided. Employee parking shall be located to the rear and sides of the structure. o The above noted conditions notwithstanding, the site plan submitted with the application shall be considered the plan of development. ~ote: Unanimous 79S047 In Clover Hill Magisterial District, Pocono Civic AssociatDon, Inc. requested a Conditional Use to permit a recreational facility in 79-203 a Residential (R-15) District on a parcel fronting approximately 120 feet on Pocono Drive 'and located opposite its intersection with Aldersmead Road. Tax Map 17-15 (5) Pocono, Section C, Block P, Lot 1 (Sheet 8). Mr. Sam McIntire was present and stated he would like to have the restrictions speak to a 15 foot buffer rather than 25 ft. Mr. Balderson stated the changes were fncomporated into the conditions. There being no further discussion and no one present in opposition, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request for a Conditional Use be and it hereby is approved subject to the following conditions as recommended by the Planning Commission: A 25 foot buffer shall be maintained alon~ the south property line and a fifteen (15) foot buffer shall be maintained along the ~east property line. No trees greater than five inches in caliper shall be removed.. Within this buffer, there shall be planted dense evergreens in cleared areas of 100 square feet or greater. No structures or other facilities, with the exception of an access drive, the location of which shall be determined at the time of final site plan review, which mat be used for ingress and egress to Pocono Drive. Ail outdoor lighting shall be designed so as not to project into adjacent property. The hours of operation shall be limited to Sunday through Thursday 8:00 a.m. until 9:00 p.m. and Friday through Saturday, 8:00 a.m. until 12:00 p.m. This Conditional Use shall be limited to the construction of a community building. The above noted conditions notwithstanding the site plan submitted with the application shall be considered the plan of development. Prior to release of a building permit, detailed site plans shall be submitted to the Division of Development~ Review for approval. Vote: Unanimous 79S048 In Bermuda Magisterial District, Ernest L. Belvin requested rezoning from Community Business (B-2) to General Business (B-3) of .90 acres on a parcel fronting approximately 200 feet on Jefferson Davis Highway and located approximately 300 feet north of its intersection with Moore's Lake Road and better known as 2021 Jefferson Davis Highway. Tax Map 116-2 (1) Parcel 15 (Sheet 32). Mr. Belvin was present ~_nd thanked the Board for waiving the fee for the application. There being no opposition present, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that this request for General Business (B-3) be approved as recommended by the Planning Commission. Vote: Unanimous Mr. Painter presented the Board with a recor~,,l~endation for consultants for the water and sewer projects. Mr. Bookman stated he was still very much interested in a water line from Qualla Road to the Physic Hill Subdivision because there are 300 families on a private well system. Mr. Meiszer stated the projects could be changed. 79-204 There was some general discussion regarding the consultants for the first seven projects and it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that the first seven projects and consultants be approved as follows: No. Project COnsultant 1. Appomattox Punp Station Wiley & Wilson Estimated Cost $ 400,000 2 Tanks - Courthouse & River Road Greeley & Bansen 946,000 3. 16-inch water line--Punp Station to Legat, Elrod & River Road Tank Asscciates 429,000 30-inch water line frcm AR~A 1,427,400 5. 30-inch water line frcm AM~A Lewis & Owens 1,427,400 6. 30-inch water line from AR~A Weston 1,570,000 7. County Supervision & Coordination of Projects 1-6 Total 30,000 ,229,8oo Vote: Unanin~us Mr. Meiszer stated the staff will negotiate prices for the project and bring the results back to the Board for consideration. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board adjourned at 4:45 p.m. Vote: Unanimous Nicholas M. MeiszeC--~ County Administrator Chairman 79-205