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10-24-90 MinutesOCTOBER 24, 1990 S~pervisors in Attendance: ~r. ~. H. Applegate ~r. Harry Q. Daniel Hr. Jesse J. Mayes Mr. Lane ~. Ramsey County Administrator Sullivan, Vice Chairman Ms. Amy Davis, ~z<ec. AsSt, to CO. Admin. Mrs. Dori~ Do,art, Assr. CC. Ad,in., Intargovern. Affairs NS. Joan ~. Dolezal, Clerk to the Board Chie~ ~o~e~t Eanes, Jr. Mr. ~ra~fem~ $. sammer~ Deputy Co. Admin., Mr. William H. Howell~ Dir., Gen. Services Dir., Planning Dept. Dir., Accounting Dept. Deputy CO. Admln., Human Services Mr. R. J. ~ccracken, Transp. Dir~o~or Mr. Richard MeElfish, Dia., Env. Eng. Dept. Mr. Steve L. Micas, Co. ~rs. Pauline Mitchell, Dix. Of N~wa & Public Info. Services Col. J. =. ~ittma~, Jr, Chief of Police F~. W~lliam D. Poole~ Chief, Dev. Review, Planning Department ~r. Richard Sale, Deputy CO, Admin., Mr. J.L.~'Ja~'~ Stegmaier, Mr. M. D. Stith, Jr., Dir. of Parks & Rec. Mr. David Welchon~, Dir. of U~ilities Mr. Frederick Willis, Dir. of Human Mr, Currln called ~he regularly scheduled me,ting to ordex at 9:10 a.m. (DST). Mr, Currin introduced Dr. Jame~ McKinnell, Pastor of Chesterfield Church of the ~rethrea, who gave ~he invocation. 90-789 10/24/90 I~T_-~_~4E OF A~LEGIANCE ~O '&~ FLAG OF THE ~ITED STATES OF AMERICA Mr. Robert L. ~asdenr Deputy County Administrator for Semen Service~, led the Pledge of Allegiunce to the Flag of the United States of A~eriea. Mr. Applegate arrived at the meeting. 3. APPROVAL ON motion cf Mr. Mayes, seconded by Mr. Daniel, the ~card approved tho minutea of October 10, 1990, as amended. Aye=: Mr. Currin, Mr, Appleqate, Mr. Daniel a~d ~=. Absent: ~r. Sullivan. 4. COUNT~ADMINISTP~TOR'~ ~ Mr. Ramsay introduced Ns. Jane ~nskerville, with the School System~ who b~iefly explained the Young Japane~ Teaeher~ ~rogram. she introduced five teachers who are observing and abating in school and eo~%nunity actlvitie~ in th9 County. Ogawa, Te~ L~a~r for the teachers, expressed appreciation for th~ many courtesies and hospitality extended ~o them during ~heir visit ~n the County, expressed a ~esire to t~ach in this gi~ts. Mr. Currin stated he was very p~oud uf tho progr~ and a~d d~v~iop relations between the U.S. and Japan. ~. R~sey i~trod~cad Nr. Gre~ Spurlock, Chai~an of th~ Emer~enQy Medical Services Advisory Council, who ~resented a brief synopsis of th~ ~ergency NedicaI Service~ system in the County which included emergency response time data~ per~onn~l, recruitment and training; upgrading a~ modlilcations to the sy~t~m~ ~tc. Mr. Daniel noted that ~he Emergency Medical Servic¢~ System program is primarily operated o~ a volunteer basis, suggested that efforts ~ made to reinf0~ce and publicize to the residents of the County the= i: is :hrough their co~unlty support, efforts and contr~bution~ that s~ch atrong volunteer E~ system exists and maintains its effective- ~ess a~d efficiency. The Board c~ended those involved this progr~ for their contributions to ~he County. Chi~ Eanes introduced M~. Ca=el Warner-Johnson, ~ Volunteer Fir~/Res¢~e Training Coordinator, a~ ~r. Ron Brown, EMS Vol~teer Fire/Rescue Recruitment and Retention Coordinator, who he felt had had a v~ry 9o~itive ~ff~t 0n the progr~. ~. R~sey i~trod~ced and welcomed Mr. Peter Bache, reporter for the Ric~ond Tim~ DispatQh, who was present in the of Mr. Rand~ Smith. 5. BOARD CC~Z'rr~P. EPORTS Mr. Daniel reported he at%ended the Rie~ond Regional Planning District Co~ission (~DC) mooting, at which there was discussion relative to a ~inar with re~ionaI legislators to discuss the Chesapeake Bay ~res~rvati0n Ac~ and the the Ric~ond Area M~tropolitan Transportation ~lanning regarding pledge bonds. Mr. Ma~es expressed apprecla=ion to all those involv~, particularly the County A~i~i~trutur and his staff, in the 90-790 10/24/90 m m preDate%ion of ~he 4ediQatlon ceremony of the 555th Paraoh~te Infantry Battalion Airborne Memorial B~idge ("Triple ~ic~le Bridge"), on October 18, 1990. He state4 members cf the 555th Parachu:e Infantry Battalio~ in attendance were very impressed and most appreciative of the honor ~e~towe~ upon them. Mr. Apple~ate reported h~ attended several meetings of the CaDi~al Regiou Airport Comnission (CRAC) and ~etropolitan Economi~ Development Council (MEDe); dedication ceremonies of the $55th Parachute Infantr~ ~atta~on Airborne ~emormial ~ridge and the widenin~ of Route lQ through Chester, and the new Courts Buildin~ facility. ~r, currin reported he a~Usnded ~he dedication Qer~monies Of the widening of Route l0 through Ch~t~r, Southern Route 288 and the ~55th Parachute Infantry Battalion Airborne ~emorial Bridge; co,ended previous Boards for their foresight in the realization of the needs of these roa~ networks and their diligent efforts in accomplishing same. the acquisitio~ and us9 of real property for public purposes 2.1-344 (a)(3) of the Cede of ViIginia, 1950, as amended; added reGuest for a raffle permiu for the Falling Creek Elementary Echoel; ~elot~d Item ll.B.3.b., R~quest for Permission to EncroaCh On an Existing 25 Foot Right-of-way Known ss Riverview Section 12-39 of the Code cf the County o~ Ch~steEfi~ld, 1978, aa amended, to Exempt Certain Athletie Officials from the Ayes: Mr. Ceftin, Mr. Applegate, Mr. Daniel and Mr. Mayes. Absent: Er. sullivan. 7. RESOL~TIONS AND SPECIAL There were no resolutions and special recognitions at this time. There were no hearings of citizens on unscheduled matters or claims. 9.A. CO~IDERT~A~OLITIO~OFTHE JO~H~ON'$ C~RRKSUBDIVISION AND DEVKLOPM~IT DRAiNAgE DISTRICT ESTABLI~ PURSUE TO SECTION 15.1-466 OF T~E CODE OF VIRGINIA AND SECTION 7.2-1 OF 'rn~ COIrNTY SUBDIVISIO~OKD~NANCE BY RES0~UTIONOF 'r~ ~OA~D OF SUPERVISORS ADOPTED ON 0~TOBER 26, 1977~ AR AM~%IDEDONAl~RIL 25~ 1979 ~. Micas stated that at ~h~ Octo~r !0, 1990 Board of $~p~rvi~ors m~tlng~ a p~lic hearing was held tc consider tho abolition of the Johnson's Creek Drainage Di$=ric=~ no~d ~hat prior to [h~ public hearing, property owners in the District were specifically informed of that p~lic hearing date; stated the public hearin~ was closed and ~he matter i~ now before the Board for consideration. He noted the Board had de~err~d the 90-791 10/24/90 matter pending additional in£orma~£on from ~ta~f on its pogitlon and on the at,eOt of abolishing the Distriot. Mr. Currin disclosed to the Board that he ow~s approximately three-fourths of an acre which may be within the proposed Johnson's Creek Drainage District and drains to Johnson's Creek, declared a potential conflict of intere$~ pursuant to the Virginia Comprehensive Conflict of Interest Act and excused himself from the meeting. ~r. Sale presented a brief histor~ of the propose~ $ohnscn's Creek Drainage District, depicting the boundaries of the District, financial implications, etc. There was discussion relative to the financial impac~ of repealing the District; citizens CO~cerns that due to cha~qing development trends/patterns the public health, safety an~ welfare require less i~ts~se uses for the area; developable versus undevelopable land withi~ the District~ re£~ds including interest to developers on a pro-rata basis of the unaxp~de~ balance of the fees previously collected for drainage ~acillties and the impact, if any, on the County budget; that those individuals that need tO comply with the installation of ~form water management systems be so informed to develop said plans; and that in the future when such major issues arise that the Board be provided with a presentation prior to the public hearing. It was gen~rally a~reed a letter b~ wrxtten advisin9 p~epsrty owners es to the status of their property as to developability. On motion of Hr. Applsgate, seconded by ~r. Daniel, the Board adopted the following resslution: WHEREAS, The Johnson's Creek Sttbdivisien and Development District (the "District"~ was established pursuant fo Section 15.1-466 of the Code of Virginia and Section 7.2-1 of the county Subdivision Ordinance by Resolution of the Board of Supervisors adopted on October 26, 1977, as amended on April 25, 1979, for the purpose of constructing drainage facilities within the District; and WHEREA~, The regulations for development within the Dintrict require landcw~er~ tO pay their Droportlonate share of the total estimated cost of such drainage facilities when their properties within the District develop; and WHEREAS, The total estimated co~t of such dralna~e facilities is approximately $4,3Q0,000.00~ and only approximately $358,S90.67 ha~ bssn collecte~ from landowners since the Creation o~ t~e District, with a balance on hand as of June 30, 199O, after pa!rment of angin%%ring and other costs, of only approximately $272,570.12~ and W~REAS, Commercial and industrial properties within the District are developing more slowly than anticipated, and it does not appear likely that the balance of the total estimat~ cost of drainage facilities serving the District will be collected within the foreseeable future; and WH=REAS, Citizens have ~×prassed concerns that due ~o chan§i~ development patterns, :he public health, ~afety and welfare r~q~ire that the area be designated in the County's comprehensive ~lan for less intense use~. NOW, T~E~EFORE, BE IT Pd~SOLVED, by the soard of supervisors of th~ County of Chesterfield, Virginia, that the Joh~son~ Creek Subdivision and Drainage Distrlot is hereby abolished. AND, BE IT FURTHER RESOLVED, tha~ the County Administrator is directed to refund to develoDer~ on a pro-rata basis the unexpended balance of the fees previously collected from them 10/24/90 i i i ~or drainage facilities pursuant tO the regulations for development within the Johnson's Creek Subdivision and Drainage District. AND~ BE IT FURTHER REsoLVED, that the Director Of Planning is directed to review the Eastern Area Land Use and Transportation Plan and recommend to the Board of supervisors whether it we~ld be advisable for the Board tc request the ~lenning Co~ission tO prepare an amendment to such Plan designating the area previously contained in the Johnsen'~ Creek subdivision and Drainage District for less intense Ayes: Mr. Applegat~, Mr. Daniel and Mr. Absent: Mr. Currin and ~r. Sullivan. Mr. cu~rin returned tc the meeting. 9.B. ADO~I0~OE~E$0LUTION AUTHOR~ZINGT~ ~UANCE OF $14,807~000 IN G~%~AL O~IGATION ~OND~ FOR COUNTY CAPITAL Mr. Micas stated in November, 1988, County voters approved the issuance of $165,800,000 in debt to f~nd school and County capital i~pr0vement needs; briefly explained that the Bear~ previously adopted resolutions authorizing the issuance of bond~ for se~ool projects and reallocation of bond proceeds among the various COUnty and School ~rojeo~e; and i~dicated, aa a result~ staff is requesting approval of unl~ the port,on associated with County p~O]ects~ $14,807,000, ~o be at thim time. On motion of Mr. Daniel, sa¢cnde~ by Mr. Applegate, the Board adapted the following resolution: A I~E$OLUTIO~4 AUTHO~IZINS AND ~IDING FOR ISSU~CE, S~E ~ DEWILY OF ~ ~LLiON EIG~ ~ iSSU~CE ~ ~ OF A LI~ WR~CI~ ~ OF P~LIC I~R~ ~ ~CIPA~ON ~S IN D~ IT REEOLVED BY THE BO~ OF SUPEKVI~O~ OF TNE COUN~ OF CH~STE~IELD, VIRGINIA: SECTIO~ 1. Findings and Determinations. (aj Pursuant to Chapter 5 of Title 15.1 of the Code of virginia, 1950, as ~ended (th= same being th~ public Finance Act), election duty called and hold under the Public Finan=~ Act th~ county o~ Chesterfield, Virginia {the "County"), on Nov~ber 8, 1988 and an Order of the Circuit Court of Cowry dated December 8, 1988, ~ke C0~ty is authorized, inter alia, to ~ontract deb~ a~d issue its qenzral obligation b0nd~ ~ the maxim~ ~oun~ o~ one ~undred sixty-five million ~ight hundred thousand dollars ($565,880,000) for the purposes set forth below as follows: (i) g~n~ral obligation bonds in the maxim~ of one hundred ~hix~y-five million nine hundred thousand doklars ($135,900,000) to provid~ capital sohool improvement projects ~n the county; (ii) general obliganlun bon~s in th~ maxim~ amount of 91even million six hundred thousand dollars ($11,600,QOU) to provide pub!i~ safety improvement projeCtS i~ the County, incl~di~ a fire ~tation and a police and fire ~raining acad~y and related a~inistra~ive facilities; 90-793 10/24/90 (iii) general obligation bo~ds in the maximum amount of five million three hundred thousand dollars ($5~F~0,000) to previde park and recxeation improvement projects in the Cott~ty; (iv) general obligation bondz in the maximum amount of seven million one hundred thousand dollars ($7,100,0001 to provide library improvement projects in the County; and (v} general obligation bonds in the maximum amount of five million nine hundred thousand dollars to provide mental health and mental retardation improvpment projsota in the County. (b) As of the date hereoft forty-nine m±llio~ hundred twenty-five thousand dollars ($49,125,000) prinoipa5 amount of such general obligation bonds authorized by the voters of the CO~Bty at the aforementioned election held on November 8, 1958 have heretofore been issued by the Count~ pursuant to resole:ions authorizing such issuance adopted september 26, 1990, October 11, 1989 and January 24, 1990, as amended on September 26, 1990, for th. following (i) Forty-three million ~our hundred eighty-seven thousand dollars ($43,487,000) for capital school improvement proj~t~ in the County in~ued pursuant resolutions authorizing such issuance adopted by the Board of Supervisors on December I4, 19~, as amended on September 26, 1990, October 11, 1989 and January 24, 199Q, as emended on September 26, 1990; (ii) Four hundred nine thousand dollars ($409,000) for public safety improvement projects in the County issued pursuant to resolutions authorizing such issuance adopted by the Board of Supervisors on Decenlb~r 14, as amended on $~p~a~b~r ~, 19~0, an~ January 2~, 1990, as (iii) Four million four hundred ninety-six thousand dollars ($4,496,000) for park and recreation improvement projects in th~ County iSS~e~ pursuan~ r~$olution~ authorizing such issuance adopted by the Board Supervisors on December 14, 198~, as amended on Sepnember 26, t990, and Junuury 24, i990, as amended on 26, 1990; ~iv) Three hundred ~ifty-=hsee thousand dollars ($353~000) for library improvement projects in the County issued ~ursuant reeeluticn~ authorizing aooh i~auance adopted by the Board cf Supervisors on Decea~ber 14, 1988, as amended on September 26, 1990, and January 24, 1990, as amended on ~eptember 26, 1990; and (v) Three hundred eighty thousand dollars for mental health and mental retardation improvement projects in the County issued pursuant to a resolution authorizing ~ueh i~uenoe adopted by the Board SupervisQrs on December 14, 1988, as amended on September 26, 1990. in the best interests of the county to authorize and provide at this time for the issuance, sale and delivery of fourteen million eight hundred seven thousand dollars ($14,807,000) aggregate principal amount of general obligation bonds authorized ~or issuance by the voters of the County at the aforementioned election called and held in th~ County on November 8, t988+ The proceeds of sale of such gen~reI obligation bonds shall be applied to finance the costs of one or more of the categories capital improvement proj~ct~ 90-794 10/24/90 i i described in clauses (i) through (v) of paragraph l(a) hereof. The general obligation bonds authorized for issuance shall be in addition to %he general obligation bonds for oapltal School i~provem~nt proj~ct~ authorized for i~suance but nnissued pursuant to the resolution adopted by the Board Supervisors on October il, 1989. $~¢T%ON 2. A~=horisation of Bonds. For thc purpose . of financing thu costs of various capital improvement projects in thc county, as authorized by the voters of the County at the election held in the County on November 8, ~988, there are hereby authorized =o ~c issued, sold and delivered an issue fourteen million eight hundred seven thousand dollars ($14,807,000) principal amount of general obligation bend~ of the County =o be designated and known as "Public improvement Bonds" (hereinafter referred to as the "Bonds~']. The Bonds shall be issue~ and mol~ in ~heir entirety at one time, or from time to time in part in series, as shall be determined by the County Administrator of the County. The Bonds may be sold the same time as other general obligation bonds are sold by the County. The Bonds shall bear interest at such rate or rates per annum as shall be specified in the bid accepted by subscq~en~ ~csolu[ion of the Board of Supervisors for the purchase of the Bonds of such series, if any bid therefor be accepted. Tbs County A~mlni~tratcr is au~horiza~ ~o determine, in accordance with and subject tO the previsions of this resolution: whether the Bonds of any series shall be in ~ull¥-reg%sterad or book-entry form; the denomination or denominations of the Bonds; the me,hod of numberinu the Bonds; thereof~ the record dates far the puyment of interest thereon; ~he maturity dates tAereo~; the amount of principal maturing on mash maturity date; the place or places of payment thereof and the paying agent or paying agent~ therefor; the p~a~e or of registration, sxchange or transfer and ~he registrar therefor; and whether or not the Bonds shall be subject to redemption prior to their stated maturity or maturities and if subjec~ to such redemption, the premium, if any, payable upon such redemption und the =espective periods in which such premiUmS are payable. Bonds~ Books of Registry; ~xohange~ and Transfers of Bonds. (a) Appointment of Reqistrar Subje=t to the approval of the Board of supervisors by subsequent re~olution adopted on the date of sale of the Bonds, the County Administrator is hereby authoiized to s~lect, for each series oi Dond~, the registrar for the Bonds of ~uoh series (hereinafter referred to as the "Registrar")~ which Registrar may be the County Treasurer. (bi Pal~ent of Bonds. (i} At any time during which the Bonds of any series shall be in fully registered form, the interest on ~he Bond~ of such ~eries shall be payable by check or draft m~iled by the RegiStrar to the registered owner~ of on the books oX registry as o~ th= record date for the paln~nt of interest on the Bonds of such series, and the principal of and premium, if uny, on th= Bonds shall be payable at the ~rinclpal c~ice OX ~e ~egistrar. (ii) At any time ~uring which the Bonds of any series shall be in hook-entry form, the principal of premium, if any, and interest on the Bonds o~ such series shall be payable in accordance with the arramgements made with the depository for the Bonds of such series. ~iii) The principal of and premium, if any, and interest on the Bonds shall he payable in such coin er currency cf the U~ited States cf America as at the respective dates of 9a~men~ is legal ten,er for public and private 90-795 1~/24/90 (e} Books of Registry; Exchanqe~ and Transfers of Bonds. (i) At ali times during which an~ Bond remains outstanding and unpaid, the Registrar shall keep or cause to be kept at its principal office, books of registry for tko registration, exchange and transfer of the Bonds. Upon presents:ion at the principal office of the Registrar for such purpose, the Registrar, under such reasonable rsqulation~ as it may prescribe, shall Ee~ister, exchange, transfer, or cause to be registered, exchanged or tra~s£erred, on the books of registry the sends as herein set forth~ provided, however, that the Registrar shall not be requi~ed t~ do so with respect to any Bo:d a~ter the elcsm of business on the forty-fif:h day next preceding any date fixed for the redemptio: of such Bond cz any portion thereof. {ii) Any Bond may be exchanged at the principal office of the Registrar for a like aggregate principal amount of Bond~ in other authorized principal amounts of the sa~e interest rat9 and maturity. (iii) Any Bond ma~, in accordance with its terms, name it is zeqistered~ in person or by hi~ duly authorized cancellation, accompanied by a written ±nstrument of transfer authorized agent, in form ~atisfactory to the Registrar. ~iv) All tEa~sfers or exchange~ p~rsuan~ to this Section 3(c) shall be ~ade without o~ens~ to the registered (v) Ail Fonds surrendered pursuant to this section Z(c) shall ~e cancelled and not (a} Provisions for Redemption~ Subject to the approval of the Board of supervisors by subaecuent remolution Administrator shall determine %he provisions for the redemption of the Bonds. (bi Notice of Redemption. Notice o~ any much redemDtie: shall be mailed not le~'~han thirty (~0) days prior tO the date fixed for r~demption ~y first cla~s mail, maturities of tho ~onds to ~e redeemed, the date and place fi~ed for their redemption and the premium, if any, payable amount of any Bond is to be redeemed, that such Bond must be redeemed and the issuance of a new Bond equalling in principal red~J~ed, and shall also state that upon the date ~ixed for rademptlon there shall become due and payable upon ~aoh Bend together wi~h the applicable redemption premium, if any, and the interest accrued on such principal amount to the date fixed ~or reder~ption, and that from and after Such date interest on (c) ~ffect of RedemFtlon. When notice of redemption 90-796 10/24/90 shall become due and payable en t~o redomption date speoifiod in such notice at a ~rice equal to the principal amount thereof and redemption premium, ii any, thereon, together with the interest accrued on such Bond (or on the principal amount theroof to b~ redpemed) to such dare. Whenever ps,anent of such redemption price shall have been duly made or provided fort interest on the Bond lot o~ the principal amount thereof to be and after the date sc Specified for redemption. (d) Canoollation. All redeemed Bonds shall be cancelled and not r~fssue~- S~CTION 5. ~xocuticn and Authentication of Bonds~ CUSIP Identification Nkmtbers. (a) Execution of Bonds. The Bonds shall be executed i~ the name of the County by the manual er faoslmile ~ignature of the Chairman of the Board of Supervisors, and th~ corporate seal of the Board of superviscre shall be impressed, or a facsimile thereof printed, o~ the Bo~d~, attested by the manual or facsimile signature of the clerk of the Board of Supervi~ore, neither of w~ic~ siq~atur~s is required to be manual. (b) Authentioatlon cf Bonds. The County Administrator shall direct th~ Registrar to authenticate the Bends an~ no Bond shall bo valid er obligatory for any purpose unless and until the certificate of authentication endorse~ on such Bond shall have been manually ~Mecuted by an authorized signat~r cf the Registrar. Upon the authe~ioa%ien of any Bo~d, the Registrar shall insert in the certificate of authentication the date as of which such Sond is authenticated as follcws~ (i) if the Bo~d i~ authenticated prior to the of the date the Bonds are delivered to and paid for by the initial purchasers thereo£; (ii) i~ the Bond is authenticated upo~ un interest pa%ament date, the cartificat~ shall be dated as of such in~erest payment date~ (iii) if the Bond is authenticated on or after the record date for the payment of intoros~ on the Bonds and prior to such interest payment date, the certificate ~hall be dated as of ~Ch interost payment date~ and (iv) in all otker instances, the certificate shall be dated the date upon which the Bond is authenticated. The execution and authentication cf the Bonds ~i~ ~he manner above Set forth Us a~opted as a due and sufficient authentication of the ~cnds. (c) CUSIP Identifioation Numbere. CUSIP identifica- tion numbers may be printed on the Bon~s, but neither the failure to print any such number on any Bonds, ~or any error or omission with respect thereto, ~hall constitute cause for failare or refusal by the successful bidder for the Bonds to accep~ delivery of and pay ~or the ~onds in accordance with the terms of its proposal to purchase the Bonds. NO ~uch number ~hall constitute or be deemed to be a part of any Bond er a part of the contract evidenced thereby and no liability ~hall attach to ~he county or any of i%~ officers or agents because of or on account cf any such number or any use made thereof. SECTION 6. Tax Covenant. The County covenants and agrees to compl~ with the provisions of Sections 103 and ~41-150 Of the In~ernal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throuqhuut the term SECTION 7. Sources of Payment of Bonds. The full faith and credit of the Co~ty shall be and is hereby irrevocably pledged ~o =he punctual payment of the principal cf and interest on the Bo~ds as the same become due. There shall be levied and collected annually, at the same time and in the same manner as other taxes ar~ assessed, levied and collected, 90-797 10/24/90 ad valorem taxes without limitation as tc rate cr amount, sufficient to provide for the payment of the principal o~ and interest on the Bonds as the same respectively becnm~ due and payable. ggdTIoN 8. Form of Bonds. The Ponds shall be in mub~tantially the form set forth below with such necessary cr appropriate variations, omissions and insertions as are incidental to their numbers, interest rates agd maturities er as are otherwise permitted cr required by law or this resolution: (EACH] UNITED STATES OF AMERICA C0~0~WZALTH OF VZ~INIA COUNTY OF CHESTERFIELD PUBLIC IMPROVEMENT BOND SERIES OF HEGISTEt{ED NO. R- INTEREST RATE: MATURITY DATE: REGISTERED OWNER: PRINCIPAL A~OUNT: REGISTERED ORIGINAL ISSUE DATE: CUSIP NO: The County cf chesterfield (hereinafter referred to as the "County"), a pol~tlcaI gubdivi~ion of the Commonwealth of virginia, ~or value received, hereby promises to pay to the Registered Cwner (~amed above), cr registered ss~igas, Qn the Maturity Date (specified shovel, unless this Bond shall have been d~ly called for previous redemption and payment of the redemption price shall have been duly made or provided for, zhe Principal Amount (specified above), and to pay interest en such Principal Amount on , 19 and semiannually on each and thereafter from the date hereof er from thu interest palrment date next preceding the date of authenticatien herao~ to which interest ~hall have been paid, unless such date of auth*ntication i~ an int~remt payment date, in which case fram such 5ntereet payment date if interest has been paid tu ~uch date, cr unless such date o~ authentication is within the period from [insert appropriate language depending on whether interest payment date is first or fifteenth day of calendar month] to such interest payment date. in which case from such in~erest ~ayment da=e if in~erest has been paid to such date, until the pa~ment of such Principal Amount Ieaeh such dale is hereinafter referred ~o as an inter,st pal~m~nt date) at the Intera~t Rate (specified above] per annum, by check or draft mailed by the Registrar hereinafter mentioned to the Registered Owner hereof et his Registrar, at the close o~ business c~ [in~t appropriate language depending on whether interest payment date is first or fifteenth day of calendar month]. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of in the __ of , (the "Registrar"). The principal of and premium, if any~ and interest on thi~ Bond are payable in such coin or currency of the United States of America as at the respective dates of patun~nt is legal tender ~or public and private debt~. REFERENCE IS MADE TO T~IE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVER~E HEREOF, WHICH FURTHER PROVISIONS 90-7~8 10/24/90 SHALL FOR ALL PURPOSES HAVE T~E EFFECT AS THOUG~ FULLY SET FORTH BEREIN. The full faith and credit cf the County are hereby irrevocably pZedged to the payment u£ the principal of and interest on this Bond as the s&me become due. This Bond ~hatl not be valid or obligatory unless the certificate of authentication hereon shall have been manually ~igned bF an a~th~rized si~nator of the Registrar. It is hereby certified, re.ired and declared tha~ all aots~ conditions and things required to have happened, to exist and to have been performed precedent to and i~ che i~muance of this Bond and the series of which i~ is one, do exist, have happened and have been perform~ i~ regular and due 5ime, form and manner as required by law~ and that this Bond and the Bonds of the series of which this Bond is one de not exceed any constitutional o~ statutory limitation of indebtedness. I~ WITNESS WHEREOF, the County, by it~ Board of Supervisors, has caused this Bond to be executed by the manual or facsimile signature o~ the Chairman of such Board; a facsimile of the Gorporate seal of such Board to be imprinted hereon, attested by the manual or facsimile signature of the Clerk of such Board; and this Bend ts he dated aa of · 19 . Attest: Clerk of the Board of Supervisors Date of Authentication: chairman of the Scard of Supervisors CERTIFICATB OF AUTH~NTICATIO~ This Bend i~ one of the Bonds delivered pursuant to the Within-mentioned proceedingm. ], Registrar Authorized $ignator [SacK] ~OUNTY OF ~HESTERFIELD, PUBLIC :~ROVEM~NT BOND, S~RIE~ OP 19 This Bond is one of a duly authorized issue of (herein referred te as the "Bonds") of the aggregate principal Dollars ($ ) of like date and tenor herewith, except for number, denomination, interest ra~e, msturi%y re~emp=ion provisions, a~d is issued for the purpose of financing the oozts c~ varioua capital improvement projecBs in and for the County, under and pureuant to und in full co~plianc~ with the Constitution and statutes of the commonwealth of virginia, including Chapter 5 of Title i5.1 of the Code of Virginia, 1950 (the same being the Public Finance Act), an election duly held in the Count~ under s~ch Chapter on November 8, 1958, and resolutions d~ly adopted by the Board o~ Supervisors cf the Count~ under ~ueh Chapter 5 on 90-799 10/24/90 The Bonds of the serie~ of Bonds of which this ~ond is one maturing on or before shall not be subject to redemption prior to their stated--maturities. The Bonds of the s~ries of Bonds of which this Bond i~ one (or per,ions thereof in installments of $5,000) mac,ring on and after shall be subject to redemption at the option of the County prior to their state~ maturities on or after , in whole at any time, or in part from time to time on any interest payment date in such order as may be de=ermined by the CoUnty (except that if at any time less than all of the Bonds of a maturity are called for redemption, =he particular Bonds Or portions thereof to be redeemed shall be selected by the Registrar By lot), upon payment o~ thc following redemption prices (expressed as a percentage of the principal amount of Bonds to be redeemed), together with the interest accrued on such principal amount to the date fixed for the redemption thereof: Prices If this Bond or any portion cf the principal amount hereof shall be called for red~z~ption, notice of the redemption hereof, specifying the date, number and maturity of thi~ ~ond, the date and place or places fixed for its redemption, premiur~, if any, payable upon S~¢h redemption, and if less than the entire p=incipal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and the issuance of a ~ew Bond equalling in principal a~oumt that portion of the principal amount hereof not redeemed, shall be maiSed not less than thirty (30) days prior to the date fixed ~or redemption by thiz BOnd at his address as it appears on the b~oks of registry kcp~ by the Registrar. If notice of redemption of this Bond ~hall have been given as aforesaid, and payment of the principal amount of this Bond (er the portion of the principal amount hereof to be redeemed) and of the accrued interest premium, if any, payable upon such redemption shall have been duly made or provided for, interezt hereon (or on the portion of the pr±ncipal amount hereof to be redeemed) ~hall cease from and afte~ the date so specified for redemption. subject to the limitations and UpOn payment cf the charges, if any, provided in ~he proueedings a~thorizinq the ~onds of the series of which this ~end is one, this ~ond may he exchanged at the prineipa! office cf the Registrar for a like aggregate principal amount of Bonds of the series of which this Bond is o~e, of ether authorized principal amounts of the same interest rate and maturity. This ~ond is translatable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, at the puincipal office of the Registrar but only in the manner~ ~ubject to the limitation~ a~d palrment of the charges, if any, provided in th~ proceedings authorizing the Bond~ of the series of which thi~ Bond is one, and upon the nurrcnd~r hereof for cancellation. Upon transfer, a new Bond or Bonds of the serle~ of which this BOnd is once of authQrized denominations and of the same aggregat~ principal amount, will b~ i~sued to th~ ~rans~eree in herefor. Notwithstanding the foregeing~ the Registrar shall not be required to exchange or frans!er this Bond later than the ~lose of business on the forty-fi~th {45th) day next preceding any date fixed for thc redemption cf this Bond or any portion hereof. For value received, th~ unOersigne~ hereby assign(s) and transfer{s) un~c 90-800 10/24/90 (Please pri~r or type name and address, including postal zip code, of transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANgFE!qEE: ] the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorneyr to transfer such Bond on the ~ookg kept for the reqiztration thereof~ with full Dower o~ substitution in the premises. Da~ed: Signature(z) Guaranteed NOTICE~ Signature{s) mu~t be guaranteed by a member firm of Tho New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature(s) of Registered Owner ) NOTICE: The signature(s) above must correspond with the ~ame o~ the Registered Owner as it appears on the ~ront of this Hond in every particular, without altera- tion or enlargement or any change whatsoever. SECTION 9. Bond Anticipation Notes. Public improve- ment bond anticipation not~ are authorized for issuance and sal~ by the County in antlc~pation ~f the issuance cf the public impxovemont bonds authorized ~or issuance heroin. Such note~ shall ~ature and be payable within two years from their date and shall be sold at competitiv~.o~..ne~otiated sale at not less than par plus accrued interest and on such othe~ terms and ¢ondition~ as are de,ermined by tho county Administrator. If such notes are offered for competitive sale, a Summary Notice of Sale and/or Detailed Notice of Sale shall be prepared, published and distributed, and a form of Proposal for purchase prepared and distributed, in accordance with Section 10 hereof. There is also authorized to be prepared and distributed in accordanno with Section 1~ hereof a preliminary and final official Statement relating to such notes in z~oh form as shall be approved by the County Administrator. The issuance and details o~ such notes shall be governed by the provisions of Section 15.1-225 of the Code o~ Virginia, 1950. The p=evi~ion~ of Sections 6 and 7 heroo£ shall apply to such notes to the same extent the same apply to the Bonds except, in the cas~ of the provi~icn~ of such Suction 7, only to the extent such notes are not paid from the proceeds of the Bonds or from any other available iunds. The sale of such notes and ~he ~orm and other details thereof shall be approved, ratified and confirmed by resolution of the Board of Supervisors of the county, Bonds in anticipation of which ~uch bond anticipation notes are issued pursuant to this paragraph may be issued and sold in accordance with the prevision~ of this resolution at any time within fiv~ [5) years of the date of issuance of the first notes issued in anticipation of such Bonds. SECTION 10. Sale of Beads. The County Administrator is hereby authorized to oauzo to be published and di~txibuted a 90-g0i 1O/24/98 Summary Wotioe of Sale and/or Detailed Notice cf Sale of the Bond~ and to cause to be distributed to prospective purchasers of and investors in the Bonds such Sun, nary Notice of Sale and/or D=tailed Notice of Sale, a form of Proposal for the purchase of the Bonds and a Preliminary Official Statement of the County relating to the Bonds. SECTION 11. Filing of Thi~ Re~olution. The County Attorney is hereby authorized and directed to file a copy of this resolution, certified by the Clerk of th~ Board of supervisors to be a ~rue and correct oopy kersef, with the Circuit Court of the County of Chesterfield. SECTION 12. Invalidity of Sectionar PurugraphSr Clauses cr P~ovision~. If any section, paragraph, olause er ~ruvision of ~his resolution shall be held invalid or unenforceable for any reason, th~ invalidity or ttnenferce- ability of such section, paragraph, clause or provision ~halI nut affect any of the remaining portions of this resolution. SECTION 13. Headinuu of Seetionm. The headings o~ the sections of ~his resolution ~hall ~e solely for convenience of reference and shall not affect the meaming, eo~stTuction~ interpretation or effect o~ such Section8 or of :his remolution. SECTION I~- Effective Date. This resolution shull take 6ffeet upon its adoption. Ayes~ Mr. Currln, Mr. ApDleqate, Mr. Daniel and Mr. Mayes. Absent: ~r. Sullivan. ]0. l~dBLIC ~EA~INGS 10.A. TO CON~IDER AN ORDINANCE TO AMEND TITLE 8 OF 'r~ CODE OF · £...~ COUNTY OF CHE~r~{FIR?~ 1978~ AS A~ED~ ~Y ADDIN~ A N~WS~CTION ~-1~,2 ~E~TINGTOT~U~TANGIBLEPERSONAL P~0P~qTY TAXATION OF I~O~OR ~ICL~ O~NED BY ~ 0~ VO~%T~T~M/~RESC~E S~UADSANDVOLUNT~RFI~E DEP~S ~r. Micas stated this date a~d ~e had bee~ advertise~ for a public hearing to co~sider an ordinance to ~end the Code ~ =kc County of Chesterfield, i978, as ~ended, relating to the tangible p~r~onal property taxation of motor vehicles ~ed by department~ and briefly explained tho proposed ordinance. chief Robert E~n~ and ~r. Greg S9uxlock, ckaizma~ of the Advimo~ Council un ~merge~cy ~edical Services, were prement to answer No one c~m ~orward to ~Deak in favor of or a~ains~ the matter. Mr. Daniel mudu a ~otio~ to adopt the fotlowin~ ordinance, effective for the 19~1 calendar year: OF 'r~ CODE OF '~ CO~ OF ~S~IE~, 1978, T~TION OF ~R ~I~ O~ BY ~ OF B~ IT O~AI~D by the Board of Supervlsora of Chesterfield County ~ha~ the Code of the ~ountv o~ chesterfield, 1978, ~ended, is amende~ by adding a new section 8-13.2 as follows: Sec. 8-13.2. Motor vphicles owned b~ members of volunteer (a) ~otor vehicles owned by member~ of a vol~tuer ~guad or volunteer fir~ de~ar~n= hereby constitute ~ s~parate 10/24/90 to the standards, conditions end requirements provided in this section. (b) For any tax year, only one motor vehlole per owner (e) To qualify for separate clacsi~icatlon under this section, the motor vehiste must (1) be owned by a member of a volunteer rescue squad ur volunteer firs dspartmsnt (2) be used regularly by the member to respond to rescue squad or fire department emergency calls or used by a member who regularly performs other duties for the rescue squad or fire department and (3) must ~e used for such calls or to perform ~uch other duties more often than any other motor vehicle owned by the (d) Any membsr of a votuntesr rsscue ~quad or volunteer classified for a tax year under this section must, prior to January 31 of the ta~ ysar, furnish the commissioner of r~v~nu~ with a certification, signed under oath, by the chief er head e~ the member's volunteer organization, that (1] the membsr a member o~ the organization, (2} the member regularly responded to emergency calls received by the organization ox regularly performed other duties for the organization during ths previous calendar year, {3) the motor vehicle for which a s~purate clussification was regularly used to respond to such calls or to p~rform such othsr duties and (4) suck motor vehicle was used for such calls more often than any other vehicle o%~nsd by the mem~r. Discussion ensued relative to approval of the proposed ordinance setting a precedent for other organizations to r~uest the ~ame type exemption; action by the General Assembly amending the Code of Virginia to permit said action; criteria for qualifyin~ for th~ exemption; ets. Mr. Daniel requested that staff provide the Board with pertinent data regarding the sacrifices in the County budget which would have to be effected to provide the separate personal property tax classification for motor VehiCleS Owned by ~mbers of rescue squads und volunteer £ire departments. ~kr. Daniel restate~ his motion, seconded by ~Lr. Applegate, that the Board adopt the following ordinances, e.ffective for the 1991 calendar year: AN ORDINANCE TO AMEND TITLE 8 OF ~'~ CODE OF 'l'~ COONTY OF CSESTF~F!~r~D, i978, AS ~5~D~D~ BM ADDING A R~W ~TION S-13.2 RELATIN~ TO x~ TANGIBLE PERSONA~ PROPER~Y TAXATION OF 19OTOR V~nTCLE~ OWNED BY ~BEP~ OF ~ESCUE SQUADS AND VOL~r~F~EEI~ FIler DEPARTM~TI~ ~E IT ORDAINE~ by thc Beard $~ Supervisors ~£ County that the code of the countM of Chesterfield, 1978, as amended, is amended by adding a new section 8-1~.2 as follows: see. 8-13.2. ~c~or vehicles owned by members of volunteer rescue squads and volunteer fire departments. (a) ~otor vehlcl=s owned by members of a volunteer rescue squad or voluntee~ fare departmen~ hereby constitute a separate classification for tangible personal property taxation, subject to the standards, conditions and requirements provided in this section. It) For any tax Fear, only one me,or vehicle per owner may be separately classified pursuant to subsection (c} TO qualify for ~eperate classification under this section, the motor vehicle must [1) be owned by a member of a 90-803 10/24/90 volunteer rescue squad or volunteer fi~e department (2) be used regularly by =he member to respond to rescue squad or fire department emergency calls or used by a member who regularly performs other duties for the rescue squad or fire department and (3) must be used for such calls ur tc perform such other duties more often than any other motor vehicle owned by ~he (d) Any member of a volunteer re~oue squad or volunteer fire department who seeks to have a motor vehicle ~la~slfi~d for a tax year %h~der this section must, prior to January 31 of the tax year, furnish the Qo~issioner of revenue with a certification, signed under oath, by the chief or head of the member's volunteer organization, that a meJ~ber of the organization, (2) the member reqularl¥ responded to emergency calls received by the organization ur regularly performed other ~qties for the organization during the previous calendar year, (3) the motor vehicle for which a separate classification was re~larly used to respond to ~uch calls or to perform such other duties and (4) such motor vehicle was used for such call~ ~o£e often than any other vehicle owned by the member. Ayes: Mr. Currln, Mr. A~Dlegate, Mr. Daniel and Mr. Mayes. Absent: Mr. Sullivan. 10.~. TO CONSIDE~ AN O~DINANCE TO ~ ~HE CODE OF T~ COU~ISf O~ CHEST~I~, 197~r AS ltN~ND~D, ~ADDING A~[EW INC~ IN ~ING ~ ~CIES Mr. Micas s~at~d thi~ date and tim~ had been ~dve~ti~ed for a public hearing to consid~ an urdlnan~ to ~end th~ Code of the County of Chesterfield, 1978, as ~ended, r~iring th~ reimburs~nt of expense= incurred in responding to emergsncie~ i~volvi~ hazardous materials and briefly explained ~he proposed ordinance. Mr. George Beadl~ expressed concern that verbiage o~ the proposed o~dinan~ was unclear as to who was responsibl~ coordination of respon~ to e~e~gencies involving hazardous materials, determination of th~ responsible party and/or parties ~or rei~ursement to th~ Co~t~ fo~ all costs and expenses incurred while ul~anlng uD or otherwise ~l%eviating th~ danger of such hazardou~ materials, and S~t~ he felt the matter should be deferred for further study. Chief ~anes conveyed dats relative to previous incidents invelving the r~oval/clean~p o~ hazardous waste materialu and a~sooia~ed Co~=~. ~r. Ap~l~gate expressed concern relative the charge of only extraordinar~ ~xpen~m ~u =hu taxpayers. Mr. R~sey explained the intent of the Dro~ed ordinance is to consultant~, e~gineers, performance of lab analysis, etc. Mr. Currin conveyed details of an incident involving one o~ his businesses and necessity for r~oval/cl~anu~ of hazardous material at said sit~ an~ inquired if a conflict of ~xisted. ~r. ~icas s~a=ed n~ conflict existed as the Dis=uss{on enmued relative to th~ en~ling legislation of the proceed ordinance; what costs/extraordinary e~p~$~s ar~ not provided for in ~he a~ual budget that may b~ incurred involv- ing responses to emergencies/incidents relative r~moval/oleanup of hazardous materials; id%ntification and hilling of the re~nsible party or par~ies for re~ursement of said r~oval/cleanup; Federal hazardous waste material removal criteria as o~pos~d to criteria of a local ordinance; 90-804 10/24/98 discussion relative to the billing of responsible parties insurance companies ts recoup said expenses; how the party and/or par~ies responsible for reimburz£ng the County for costs and expenses in excess of the County's aormal opera~ing costs be identified; ate. Mr. Daniel indicated ~e did net feel County citizens ~hould bea~ the burden of the expense of cleanup or other negligence above and beyend what is normall~ paid bT the County. When responsible for the determination of the party and/or parties responsible for reimbursement of said expen~e~ to the County those q~estions. Chief Eanes noted the Police D~Dartment can assist in much situations. ~r. Oliver D. Rudy re~ounted an incident involvinq the d~pin~ of hazardous waste material on Mr. ~er~erson~s property; the mc~ions involve~ in ~he ~emoval/cleanup of said material; and indicated he felt ih wa~ not th~ r~n~ibility of the averag~ what is normaI%~ paid Dy ~k~ County. cleanup of ~uch inoi4en~s; ~he responsibility for ~uoh a~tion being within the par~ters of the Fir~ D~partm~nt as per the Cede of Virginia cfi:erie; ~he occurrence o~ unusual situations on p~Iic highways involving the d~pin~ of such materials that the Fire D6par~nt/Emer~ency Servi~s is not e~ipped or f~ded to abate to provide for publl~ health, mafety and sufficient to provide His department the ~lexibilitF to abate property o~er on the County level. Mr. Daniel made a me,ion, seconded by ~r. Apple~a%e, ~o adop~ and/~r its aWen~s" be ~eplacmd with ver~iawe to stats "th~ Fire BE IT ORDAI~ by the Board of supervisors of Chesterfield amended, is amended by adding a new section 10-7.1 as follows: ~10-7.1. Rei~urs~ment ~or R~moval of ~azardous Materials. (1} If the Fire Department and/or its agents re~pond~ to an incident, accident or emergency involving hazardeus materials as that term is defined in $~ction 44-146.34 of the Code o~ Virqinla, 1958, as amended and the Fire Department and/er its agents undertakes to clean up, or otherwise alleviate the danger of the hazardous materials, the r~sponslbl~ party ~r par%ica shall rei~urs~ the tottery for all costs and expenses incurred by the County in cleaning up, or otherwise alleviating the danger of such hazardous ~a~erlalm, which costs and expenses are in excess of the County's normal opera~ing costs. Such co,ts ~hall include, but shall not be limited to, costs for non-reusable supplies and equip~ent~ 90-§0~ 10/24/90 consultants costs, workers compuns=tion und overtime for personnel engaged in the cleanup. There was discussion relative to eliminating workman compensa- tion and overtime for perso~el 9~gag~d in thc cleanup versus retai~ing ~ame; She number of increased incidents occurring Micas indicated the County would be responsible for recouping from the responsible part~/pa~tie~ reimbursement expenses materials. After further discussion, it was on motion o~ Mr. Daniel, seconded by Mr. ApDlegate, resolved to adopt the following ordinance: AN ORDINANCE TO A~END BE IT ORDAINED b~ the Board of Su~rvi~o~s Cou~ty ~ka~ ~ Code of the Count~ of Cke~terfieLd, 197S, a~ded, i~ ~ndsd ~7 a~in~ a n~w section ~-7,~ (1) If the county responds to an inciden=, accident or emergency involving hazardous material~ as that term im defined in Section 44-146.34 of the qmde of Virqinia, 1950, as amended and ~he County undertakes to olean up, or otherwise alleviate the danger of the hazardous materials, the responsible party Or p~rtiez shall reimburse the County fo~ ali costs and expenses incurred by the Count~ in cleaning ~p, or otherwise alleviating the danger of such hazardous materials, which costs and expenses are in excess of the Count~'~ no~mal operating costs. Such costs shall include, bo= shall not be limited to, co~t~ ~or ~o~-r~ble supplies a~d ~g~ip~t, censulta~t~ co~ts~ workers compensation and overtime for personnel enqaged in the cleanup. AyeS: Mr. Currin, Mr. Applegate, ~r- Daniel and Mr. Mayes. Absent: ~r- Sullivan. On motion 'of Mr. Daniel, seoon~e~ by ~Zr. Noyes, ~he ~oard approv~ xoqN%~mt~ for bingo/raffle permits ~or the following organizations for calendar year t990: OR~ANIZATIC~ Kiwanis Club of ~idlothiun Breakfast Cren~haw Athletic Association Saint Ann's Catholic Churc~ Falling Creak Elementary School TYP~ Raffl~ Bingo Raffle Ay~: ~r. C~rrin, Mr. Applegate, Mr. Daniel and Mr. Noyes. Absent: Mr. Sullivan. 90-806 10/24/90 This day the County E~Vironmental Engineer, in accordance with dizsctions from this Board, made report in writing upon his Wroxham Road, QId Wrexham Place, and Old Wrexha~ Circle in seconded by Hr. Mayes, it is resolved that Chesterfield ~eadows And be it further resolved, that the Virginia Department of Seeondar~ system, Chesterfield Meadow~ Drive, beginning at thc eastern end of existing Chesterfield ~eadcws Drive, State Route 929, and going easterly 0.04 mile to the intersection with Memory Lane, then continuing easterly 0.14 ~ile to the 0.09 mile, then turning and going $ou~hgasterly 0.04 mule then ~urnin~ and going southerly 0.08 mile, the~ turning a~d going southwesterly 0.05 mile to the intersection wi~h Homeland Ceurt~ then continuing southweaterly 0.04 mile to the £ntersectie~ with Old ~Eexham Road; Homeland Court, beginnin~ northerly 0-05 mule to end in a cul-de-sac~ 01d Wrexha~ ROad, beginning at the intersection with Centralia Road, State Rout~ 145, and going southerly 0.U4 mi~e to the intersection with Old Wrexhsm Circle, then continuing soutkgrly 0.0~ mile to the iatersectien with Old Wrexham Place, then continuing southerly ~.85 mile to the intersection with Chesterfield Meadows Drive~ then continuing southerly 0.10 mile to the intersection with to end in a dead end; Old Wrexham Circle, beginning at the intersection with Old Wrexha~ Road and going wez~erly 0.04 mile to end in a cul-de-sac; and Old Wrexham Place, beginning at the intersection with Old Wr~xham Road and going westerly 0.04 mile This request is inclusive of the adjacent slop~, sight distance and designated Virginia Department of Transportation drainage And be it further resolved, that the Board of ~upervisors guarantees tu ~he Virginia Department ef Transportation a 50' right-of-way for all of these roads except Chesterfield Meadows Drive which has a 50' ri~ht-of-way and Old Wrexham Read which This section of Wrexham Estates is recorded as follows: Phase 1. Plat Book 54, Pages 7~ and 76~ October 3, 1986. AWARD CONT~AC~ ~OR PP. OFHSSIONAL LAND~CA~ING I_M~ROV]~H~F~S IN ~IDLOTHIANVILLA~E There was brief discussion relative to equitable Consideration being given to streetscape improvement Droject~ County-wide, where appropriate; comparison of th~ EeCO~endation of the Midlothian Area Co~th~ity Plan as opposed to the Nidlothian Seautifieation Project~ etc. 90-807 10/24/90 On motion of Mr. Daniel, seconded by Mr. Mayas, the Board awarded a contract, in the amount of $42,000, %O Lardner/Kleln Landscape Architects, P.C., for professional landscape architectural design services (detailed plans and s~oificetions) for the installation of aesthetic improvements in the Village of Kidl0thian along a 1.2 mile segment of Route 60, between Old Buckingham and Winterfiield Roads, which ineludes stree~ trees, period lighting, decorative paving, benches, etc., which action is initiated by recommendation o~ the ~id!othian Area community Plan (adopted April 12, Z989) which provides ~er enhancing the historic and aesthetic character in the Village; and authorized the County Administrator to execute any necessary contract documents. (It is noted a copy of the Scope of Services and Budget Summary furnished by the consultants is filed with the papers Of this Board.} Ayes: Mr. Currin, Mr. Applegate, g~r. Daniel and Mr. Mayas. Absent; Mt. Sullivan. Several B~ard members i~dica~ed s~aff should be prepared for funding ~imitar projects in the future. There was brief discussion relative to provisions for absorbing costs e~ the program u~on expiration u~ the grant ~unding; any budgetary increases being absorbed by the Mental ~ealth/Mental Retardation/Substance Abuse Deparment; etc. On motion of Mr. Daniel, seconded by Mr. Mayas, the Board accepted a three (3) year National Demonstration Grant from the U. S. Department of Education, Office of special Education and Rehabilitative Services (OSERE}, in the amount of $95,900 ~or the first year, $96,000 for the second year, and $64,000 ~or the purpose of developing and implementing a model "open Doors" recreation project that integrates persons with disabilities into existing co--unity recreation programs, with the understanding that said project sunsets at the end of the three year period; and which program will place and support approximately 40-50 ±ndi~iduals with dimabilities during the first year of the project~ and authorized the hiring e~ one (1) temporary, full-time Program Coordinator position and six (6) part-time leisure coaches. (It i~ noted this grant will fund the recuested full-time position for a period of 18 months; no provisions ware included in the grant for salary increases th~se should be minimal because the full-time position will be eliminated; any increases will be absorbed by MH/F~/SA; and f~ture Federal funding is subject to appropriations and will be Ayes: Mr. Currin, Mr. Applegate, ~r. Daniel and Mr. Mayas. Absent= ~r. ~ulllvan. 11.A.5. SET DATE FOR I~UB~IC ~JATN8 TO ~ONSID}~ AN ORDINANCE AMENDING THE CODE OF 'xku~ COUNTY OF CHEb'ra~FXELD PJiA?I_N$ ~ '£~ ~GIST~ATIO~ OF SHORT-'r~M ~AL on motion of Mr. Daniel, seconded by Mr. Mayas, the date of November 28, 1990 at 9:OU a.m. for a public hearing to consider an ordinance to amend the code of the Countv of Chesterfield, 1978, as amended, by amending S,ction 8-67 relating to certificates of registration for shore-term rental businesses. Ayes: Mr. C~rrin, ~ir, App!$gat~, ~r- Daniel and Mr. Mayas. Absent: M~, S~llivan. 10/24/90 ll.A. 6. SET DAT~ FOR P~LIC ~.~K~ TO Cf~SIDER AN OP~INANCE ~F~DING THE CODE OF T~Z COu~'rx OF CHI~s'naa<~±ELD the date of Wovember 28, 1990 at 9:00 a.m- for a pLhbiio hearing to co,sider an ordinance to amend the Code o~ the County of Chesterfield, 1978, as amended, by amending and reenacting Section 12-39 to exempt certain athletic offiaia]s from the ll.B. ~LITIES DEPARTmeNT ITemS ll.B./, l~Lr~L~C H~J%F~I~ ~ CON.~ID~ A RESOLUTIO~ ~ OIIDF21 TO ABANDON A PORTIC~OF 5A~BARHOAD~ RDU'~ Z034 Mr. S~!e stated thi~ date and t~e had been adver~ise~ for a p~blic hearing ~o conai~er adoption of ~ resolution and order to abando~ a portio~ of S~ar Road, Route 2034. Mr. C, ~. Wilson, o~er of property ~djacent ~ Estates~ ~xDressed oo~¢~rn that closure of this portion of S~ar ROad would landlock property and urged the Boar~ to seriously consider the r~ifioations of olosing said street relativ~ %o future development in that area. A~=er brief ~is~u~sion, it was on mutio~ of Mr. ADDle~ate, seconded by ~r. Daniel, that %he ~oard /esolved to ~ef~r until ~ovemb~r 28, 1990 consideration of a resolution and order abandon a pOrtiO~ of sambar Road, Roe=9 Ayes: Mr. Currin, Mr. Appl~gate, ~r. Daniel aad ~. ~sent: Mr. ~ullivan. 11.B.2. KX~I{T-OF-WA¥ ITEMS ll.~.~-a- AUTHORIZATION TO AClU. IRE PRObiTY FOR xku~ CH~$~ LANDFILL V~OJ~CT BY ~X~IN~NT DOMAIN - ~r, Sale noted that staff has been unabl~ to lcca~e the heirs of Mr. Hinton A. w=lls, the las= owner of record, and since the acquisition of this parcel is necessary to construct ~ retention basin for the chester Landfill Project, it is necessary to procee~ with eminent domain on an emergency basis for the health and safety of the ~ublic. He furtheI noted staf~ will continue to att~pt to locate the heirs and negotiate a settlement, There wa~ discussion re~arding the use of eminent domain to ae~/ire the s~bjeet parcel; what prucedure~ were used to determine no other mechanism than eminent domain could be used; that if heirs w=ru located they would be paid fair marEet price for said property; etc. Mr. Mayas expressed eo~eern regardinq the use of eminent domain to acquire property and that no heirs of the l~s~ know owner have been located. O~ motion of Hr. Daniel, ~uconded by M~. Appleqate, the Boar~ authorized the County Attorney to ~xercise ~minent domain on an emergency basis for the acquieition of a parcel of land containing 5.5 acres ~ necessary for the Chester Landfill Projec~ from the heirs of Mr. Hint~n A. Wells, county Tax Map 114-15. (It is noted a copy of said plat is filed wi~h the papers Qf this Board.) 90-809 10/24/90 Ayes: Mr, Currin, Mr. Applegate, Mr. Daniel and Mr. Mayes. Absent: xr. Sullivan. ll.B.2.b. AF~HORIZATION TO A~UIR~ A B~A~T SEWER D0~/N ~0R ~ ~%~D])OCK POINT SUBDIVISIO~ ACROSS PROP~Ti"fOF FRANg[P. A~)DORISK%-AS~IdF, A On motion of Mr. Currin, seconded by ~. Daniel, th~ authorized th~ Coun~y Attorney to proceed with the u~e of eminent domain a~ainst the following Dxo~r=y owner(s) ~or the acquisi~ion of a 16' ~srmanent sewer ~a~ent and two temporary Construction eas~ent$ if =he ~ount as set op~omite ~heir n~es is no= accepted. And be it ~rther resolVe~ that the County A~inistra=or notify said proDsrty o~er(s) b~ registered mail on ~tober 25, 199Q cf the County's intentio~ to enter upon and t~ the propert~ which is to ~e the subject of said us~ of eminent domain. This action is on a~ ~m~rgency entry, pursuant to Section 15.1-238.! of thg Co4e of virginia. (It i$ noted a oo~ o~ said plat is filed with the papers Frank Paul and Doris 13060 Jefferson Davis $1,334.Q0 Kvasnicka Tax ~p 116~14(1) Ayes: ~=. Currin, Mr. Applegate, Er. Daniel and Mr. Nayem. Absent: Mr. Sullivan. Mr. Sale noted that nQ counteroffer has been made; however, staff will continue to negotiate with the o~ers in an to reach a settlement. Mr. Cut,in disclosed to the Board that he o~ns property adjacent to th~ ~ubject properties in conjunction with lI.B.2.c., Acceptance of Parcel of Land from P.E.Y. Construction Co., Inc. - Along Enon Church Road~ and ll.B.2.d., Acceptanc$ of ~arcel o~ Land from Mr. Oliver D. Rudy, Trustee - A1onq Enon Church Road, resp~otively; declared a con~lict interest pursuant to the Virginia COmprehensive Co~lic~ Interest Act and stated he woul4 excuse himsglf from the meeting. He ~ur~her stated that h~ doe~ not own any of propert~ under consideration in conjunction with Ite~ ll.~.2.e., AcceDt~ce of Parcel of Land from Er. Oliver Rudy, Trustee Along Rash Roa~ Under the Provisions of C~rtain Trust Agreement Dated March 20, 1988, b~t, due ~o his close associatloa with th~ individuals involved with th= s~ject property, hu has been advised by th~ Comonwealtk's Attorney's Office that he may have a conflict of i~tur=st, and therefore, he declared a ~tential conflict of pursuant to th~ virqinia Comprehensive Conflict of Interest Act and excused himsel~ from th$ meeting. li.B.2.o. ACCEPTANCE OF PARCEL OF LAND FRO~ P.E.¥. CONSTRUCTTON CO.I INC. - ~GENO~TCH~RCE~OAD On motion of ~r. ApD1egate, seconded by M~. Ma~es, the Board accepted on behalf of the county the conveyable o~ a 45 foot ~nd variable width parcel along Enon Church Road from P.E.Y. Construction Co., Inc., A Virgini~ Corporation, and authorized th~ County A~inim~xato~ tu e~ecute th6 necessary deed. (It i~ noted a copy of said plat im filed with the papers of this Board.) Ayes: ~r. Agplegate, Mr. Daniel and Mr. ~ayes. ~sent: Mr. Currin a~d Mr. sullivan. 90-810 10/24/9~ lI.B.2.d- ACCEPTANCE OF PARCEL OF LARD FRO~. OLI%~RD. On motion of ~r. ApplegaEe, Seconded b~ ~r. ~ayes, th~ ac~Dt~d ~he conveyance Of a ~5 foot and vari~l~ width ~arcel along Enon Church Road from Mr. Oliver D. Rude, Trustee, and authori~e~ the County A~i~is~rator to execute the necessary deed. (It is noted a copy of said plat is ~iled with the papers o~ th~ Board.) Ayes: ~. ADDlaga~e, Mr. Daniel and Nr- ~sent: ~r. Currin and ~. Sullivan, 11.B.2.e. ACC~TANC~ OF PARCEL OF LAND FRO~ M~...~L/V~ D. ~UDY, T~3$xr~ -ALONG NAS~ROADONDERTH~i~ROVISI0~$ OF A cF~PTA~NTRUSTAGP~E~ZNTDA'£~MARC~ 20r 1988 On mu~ion of ~I. Appleg~te, ~conded by ~r~ Ma~e~ the Board parcel u~ land along Nash Road from Mr. Oliver D, Rudy, Trustee the paDer~ o~ this Board.) Ayes~ Mr- A~l~ate, Mr. Daniel and ~- Mayes. ~s~ ~r. Currin and Mr. S~llivan. ~r. Currin r~t~rn~d to the meeting. ll.B.Z. C~SENT ll.B.3-&- ~=PPROVAL OF UTILITIES CON~CT FOR II~C~BRIDGE BOULEVARD Ek"l~q$ION AT IR~NBRIDGE ~A~u~waY On motion of Mr. Daniel, s~co~ded by ~r. ~ayes, the approved ~he following U~ilities contract and authorized the County Administruto~ bo ex,cute any necessary documents for: Ircnbridqe Boulevard Extension at Irenbridge Developer: Irunbzidg~ D~veiupmen~ Company ¢o~ractor: ~iedmont ConstruCtioe Company Contract Amount: ~s=ima~ed Total - Togal ~stilsated Count~ Cost: :'_ Water {0v~r~iz~ng) (Rpf~nd thru connections) Wastewater (Over~ising) $ 960.8~ [Reload thru connectio~z) Estimated D=¥¢loper Cost= $24,509.72 Code= (Water Oversizing) 5H-58350-890732 (Wastewater Oversizing) 5P-58350-~907Z0 Ay~$~ Mr. C~rrin, Mr. Apple~ate~ Mr. Daniel and Mr. Absent: Mr. SulSivan. ll.B,3.O. ACCePtANCE OF pAaC~r-~ O~ LA~D ll.B.3.~.l. ~. R~/ ~. C~OSS - AL(~I~ WINT~R~OC~ ~OAD on motion of Mr. Daniel, seconded by Kr. ~ayes, the Board accepted on behalf of the County the conveyance of a 0.0931 acre parcel along wintsrpcck Road from ~s. ~uth M, Cro~ and 90-$11 10/24/98 authorized abe County Administrator to e~eoute the necessary deedt which dedication is required for the construction of West Pensley Road in proposed Su~merford Section A. (It is noted a copy of said plat i~ filed with the papers of this Beard.) Ayes: Mr. Currin, Mr. Appleqate, Mr. Daniel and Mr. Mayee. Absent: Mr. Sullivan. 11.~.3.c.2+ ~ONWEALTE GLAZI)IG SYSTEI($, INC. ~ ;~C$1S COIYR~OUSE ROAD On mo=ion of Mr. Daniel, seconded by Mr. Mayes, the Board accepted on behalf of ~he County the conveyance o~ a 30 fOOt parcel of land along Courthouse Read from Commonwealth Gla~ing systemg~ Inc. and authorized the County Adyainistrator to execute th~ necessary deed- (It is noted a copy of ~aid plat iR filed with the papers cf this Board.) Ayes: Mr, Ceftin, Mr. Applegate, Mr. Daniel and MI. ~ayes. Absent: ~r. sullivan. ll.B.3.e.3. MS. HARR~'rr~ ~. Eo~iER - ALONG COurTHOUSE ROAD On motion of }ir. Daniel, su¢ended by Mr. ~ayes, the $oard accepted on behal~ of the County the conveyance of a 30 feet parcel of land along Courthouse Road frem Ms. Harriet~ M- ~orner and authorized the County Administrator to execute the necessary deed. lit is noted a copy of said plat ~s filed with the paper~ of this Board.) Ayes: ~r- Currin, Mr. Applegate, Kr. Daniel and Mr. Mayee. Absent: Mr. Sullivan. It.B.3.c.4. CUR'"~I~TI'A~ LAND S~J~ES~ IN~. - ~/~ONG CA~TIt~LAND WOODpE~ROADS on motion of Mr. Da~iel~ ~econd~ by Mr, Mayes, the Board accep=~d on behalf o~ =h~ County the conveyance of a 4.828 acre parcel cf land alonq Cattail and Wo~pecker Roads from Continental Land ~ales, I~o- and authorized the County A~inimtrator to execute the nece~sar~ deed. (It is noted a cop~ of sa~d plat is ~il~d with the pap~=~ of thi~ Board.) AVG~: Mr. Currln, ~. ApDlegate, Mr, Daniel and ~r. Mayes. Absent: Kr. ~ullivan. ll,P.3.d. CONVEYAIt'~OF ~TO CaP TEI~:~OI',rZ COMPANY ALONG ~OUTE l0 AND DUTCIt GAP FIRE STATION SI~ On motion of Mr. Daniel, seconded by Mr. Mares, the ~oard a~horis~d the Chairman of =he Bcaxd and the COUnt~ Administrator to execute an easement agreement with C&~ Telephone Company to install undergro%ald cable within a l0 foot easement along Route ~0 and the west property line of the Dutch Gap Fire Station site to provide service to Br~ckenridge Shopping Center. (It is noted a copy of said plat i~ filed with the papers of this Board.) Ayes: ~r. Ceftin, ~r. Applegate, Mr- Daniel and ~r. ~ayen. Absent: ~r. Sullivan. lt.B,4. Mr. Sale pre~ented the Boar~ with a report On the developer wa%e/ and sewer contracts executed by the County A~lm±nistratcr. 90-812 10/24/90 for Futur~ Cap£~al Project~, District Road and Street Funds, Leaze Purchases and soheoi Board Agenda. Mr. Ramsey stated the Virginia Depar~ent e~ Transportation has formally notified th~ County Of the acceptance of tho following MOLLY TRACE - SECTION A {Effective 10/04/90) Route 2089 (Simplicity Street) - From 0.09 mile South Route 3153 to Route 3567 0.04 Mi. Route 3567 (Holly T~ace Drive) - From Route to 0.07 mile Northwes~ Route 2089 0.22 Mi. Route 3568 (Holly Txace Court) - From 0.01 mile Southwest Route 3567 to O,01 mile Northeast Route 3567 0.02 Mi. IRONBRIDGE P~-~WAY & BOULEVARD (E££eotive 10/04/9Q) Route 632 (Ironbridge Boulevard) - From Route 10 to Route 1569 Route 999 (Ironbridge Place) - Prom Route 632 to Route 1589 Route 1589 (Ironhridge Parkway) - From Route 10-West to Route 10-East 0.40 Mi. 1.99 Mi. RILLTO~ FARMS - SECTIOH C [Effective 10/50/90) Route 3582 (Farm Field Dr~ve) - From Route 3583 to 0.0t mile East Route 3578 Route 3578 (~arm Field Court) - From Route 3582 to 0.06 mile SOUth Route ~6~2 0.06 Mi. 0.06 Mi. FIELD VIEW (Effective 10/12/90) Route 1592 {Elfinwood Road] - From 0.03 mil~ West Route 1591 to Route 3225 0.12 Mi. Route 32~$ (Chris~ield Drive) - From 0.05 mile ~orthwest Route 1592 to 0.03 mile Southeast Rout~ 1~92 O. O8 Mi. Mr. Applegate noted he had received numerous telephone calls from concerned citizens regardin~ the City of Richmond'e approval of a proposed m~dical waste iacility on ~opkins Road. ·here was brief discussion regarding the ramification~ and potential adverse impacts of said facility tO the County. It was generally agreed staf~ would compile data for the Board to determine what action, if any, should be pursued. Mr. currln noted that, due to a previous commitment, it was necessary that he leave at this time in order to attend a meeting i~ Richmond. There was bEiu~ discussion and, due to time constraints and prior commitments, i= was o~ motion of Mr. Daniel, seconded b~ Mr. Applegate, resolved to defer until after the Requesta for R$zoei~g uhe Executive Session pursuant to Section 2.1-344 (a)(7} of the Code of Virginia, 1950, as emended, to consult with oounsel re~ardinq legal issue~ 90-813 10/24/90 involvln~ the James River Trunk Extension ~reject and Fzu-Con v. County and Me,ceil & Eddy, Inc.; and pursuant kc Section 2.1-34& (a)(3) of the Code of Virginia, 1950, am amended, to discuss acquisition of real estate involving County schools and Da~k site and the acquisition and use of real property for public purposes rela~ing to the extension of Route 288, respectively. Ayes: Mr. Currin, ~r. Appleqate, Mr. Daniel and Mr. Mayes. Absent: NS. sullivan. The Board recessed at 10:55 a.~. (DST) to travel to the Chesterfield County Industrial Park for the ~aruchan Virginia, Ine, b~ildi~g dedication ceremony. ii.E. ~$TS ~OR~IffG In Cl~vcr ~ill ~aui~te:ial District, DR. ~S r~ested rezoning from Agricultural (A) to Rusidu~tial (R-iS). Residential development of up to 2.] units Der acre permitted in a Rp$id~ntlal (R-15) Dimtrict. ~e Comprehensive Plan designates the property for agricultural/fores=al u~e with density to b~ con,soiled by zoning conditions or Ordinance standards. This request lies on a 39.5 a~r~ parcel fronting approximately 1,260 f~t on th~ nouth line Of Genito Road, apprcxima=ely 2,000 feet we~t of woolrid~e Road. Tax ~p 46 (l) Parcel 57 (Sheet 12). Mr. Jacobson ps,senSed a s~a~ of Case 89SN0333 and ~tated the applicant is requesting deferral to the April 24, 1991 Board of Supervisols meeting. Dr. Coleman stated a deferral is desired so tha~ he may asseas %he ~p=c% o~ th~ proposed Upper Swift c~eek Plan on the proposed development. Nr. George Beadles voiced opposition to th~ requested deferral. deferral, the ca~e would be placed in itm regular sequence on In Matoaca ~agisterial District, SKINQUARTER PROPERTIES, INC. re~este~ rezoning ~rom Agrioul~ur~l (A) to Residential of t34.9 acr~, and Residential ~lti-F~ily (R-MF) of 25.1 acres with Conditional Use Planned D~velo9mun= to permit use and bulk ~xcu~tionm. R~id~ntial use of up to 4.84 units per acre is permitted in a Residential (R-9) District. ~e density of Such ~en~ent will be controlled by ~on~n~ condition~ Ordinance standards. ~e Comprehensive Plan designates ~rop~y for agricultural/force,al u~ with d~n~it~ to be determined by development regulations. This re~es~ li~s on a total of 160 aczes fron~in~ approximately 227 ~eet on the south line of ~ull Street Road, approximatel~ 2,120 feet west of th~ ~tannlng Co~ission reco~ended approval, S~bj~ct 90-814 10/24/90 conditions. Mr. Applegate disclosed to the Board that ha is a trustee and noteholder o~ property adjacent to the subject site, declared a conflict of interest pursuant to the Virginia Comprehensive Conflict of IntereSt Act and excused himself from the ~eting. ~r. George Beadles indicated he had concerns regarding the Eubject request. Mr. eurriD stated, since there ~¢aa concern expressed, the request would be placed in its regular sequence on the agenda for discussion. Mr. Applegate returned to the meeting. 89SN0355 In Clover Hill Magisterial District, D~VA PROPEP~TIES~ INC. requested rezon~ng from Agricultural (A) to Residential (R-15). Residential use of u~ to 2.~ units per acre Residential (R-15) District. The comprehensive Plan designates the pro~ert~ for agricultural/forestel use with density to bm ~etermined by development repulatio~s. This iequest lies on a 215.3 acre parcel £ron~iag approximately 1,760 ~et on tho north line cf Woolridge R~ad~ approxlmately ~ feet northeast of @~terdale Road. Tax Map 60 (1) Part o~ Parcel 2 (Sheets 12 and Mr. JacObsen presented a summary of ¢as~ 89SN03~5 and stated the PlaDning Co,emission race,ended ~pproval, s~j~ct conditions. woul~ ~ impac=e~ b~ the proposed Upper Swift Creek Plan which is scheduled for consideration by the Board og ~ove~er 14, %990, stated he ielt th~ reqUegt ~hould be deferred until after that Plan had bee~ discussed and suggested such sohe~uled on the agenda until a~ter the Board has acted upon the plan. ~r. Applegate stated that he fe!~ act on the cas~ if the applicant's ~epresen%ative comfortable with acceptin~ consent approval, subject %o the plan adopted by the ~uar~ of Sup~rvisor~ for t~e Upper swift e~pressed, the request would b~ pla~ed in its regular science 89SN0~57 (Amended) In Matoaca ~agieterial Distric=, J A~D ¥ CO. requested rezoning from Agricultural (A) to Residential (R-25). development of up to 1.74 ttuitc Der acre is p~l-~itted in Residential (R-15) District- The Comprehensive Plan designates the prop~rt~ for re~identleI devalepman~ Of 1.B units per a~re or less. This request lie~ on a 249.9 acre parcel fronting approximately 1,320 feet On the north line of Beach Road, across from second Branch Road, also f~cnting approximately feet on the south line of Donegal Drive, across from Donegal Terrace. Tax Mmp 92-15 (1) 9croci i and Tax Map 110-11 (1) Par¢o~ 6 (Sheeh 29). Mr. Jacobsen presented a summary of case 89SN0357 and stated the Planning Comm~sslcn recommended approval and acceptance of Mr. Jim ~ayes and ~r. Oliver D. Rudy, reprsa~n:in~ the applicant, ~tated =h~ r~oo~en~ation was acceptable. When asked, ~r, ~aye~ s~mitted to the Board a copy of a letter from %he applicant indicating the intent to utilize p~lic water and ~ewer in conjunctio~ with the development of the 90-815 10/24/90 property, which letter is filed with the papers of thi~ Board. Mr. Soh~elz stated the Department of Utilities has completed preliminary study addressing the feasibility o~ expanding the public wastewater system into the Middle Swift Greek area~ they are aisc in the prcces~ cf updating the Wastewater system master ~lan, which is anticipated for completion in the Fall, 1991; a~d stated a =ecision on expansion of service into the Middle Swift Creek area will ~ot be made until that time. Mr. Rudy state~ this is a long-range project, it is not anticipated the property will be developed until after said study has made available, there has ~en favorable conmnunity input/involvement and the applicant has proffered signifleanC road i~provements and right-of-way dedication an accordance with ~he Thoroughfare ~lan. There was no opposition ~r. Mayes questioned the number of units planned for proposed ~evelOp~ent; stated none of the subdivisions within the vicinity of the subject property have public water; expressed concern relative to Board policy permi~tlng development s~ subdivisions on sepPi¢ systems ad~acent to residences ob well water; stated his position on same is well-known by fh~ Board and throughout the County; he hoped that in the future there would be c~uity toward the southern portion of the County as there is toward the Upper swift creek area; and stated h~ would not vote for another septic system in th~ southern end of the County as long as he r~ained on the Board. On motion of Mr. Daniel, seconded by Mr. Applegete, t~e Board approved Case 89SN0357, accepted the ~ollowing p/offered conditions and the letter as submitted by the applicant's representatives: 1. In conjunction with recordation for the first section of the s~bdivision %¢hi~h section must be approved by the Planning Commission through the tentative subdivision proceSS, after notice by the develQper in writing to all adjacent property owners in ascordane~ with the notice provisions of the county zoning ordinance for zoning cases. The developer shall d~dicate free and unrestricted to and for the benefit of Chestsrfield CQUnty, a sixty (60') foot wide right-si-way for the proposed east west road through the ~tt~ject property without being required to submit construction plans and/or bond or surety at that time. Said construction plans and bond oz sure~y shall be suk~nitted prior to th~ Iecerdation of any s~ction of said subdivision adjaoeDt to said road. The location of the east west road shall b~ approved by the TranSportation Department. The developer shall be responsible for constructing a minimum two (2) lane road in the east west right-of-way through subject property. Road construction plans for the east west road shall be submitted to and approved by the Transportation Department. 2. The developer shall dedicate ~ree and unrestrloted, te and for the benefit of Chesterfield County, forty-five (45) feet cf right-of-way along th~ north side of Beach Roa~ measured from the centurline of that part of tho road in~ediatel¥ adjacent to the s~bj~ct property, and be responsible for the following road improvements: Ia) Prepaiation of construction plans for the reconstruction o~ Beach Koad to %~DOT Urban ~inor Arterial Roads Standards as determined by the Transportation Department for the entire frontage of the property. ~owever, this distance may be reduced by the Transportation Department upon the sol,mission and ~pproval of cunStr~ction plans. The plans ~hall include, among other things, reconstruction of a two (2) 90-816 10/24/90 lane road, and left and right turn la,es on Beach Road at the Second Branch Road/site road intersectiO~ (D~ D~dioatlon of all rigkt-of-Wa~ necessary ~or reconstruction of BsaGh ~oad as iden~ified in (a) above. Such dedication shall occur in conjunction with the ~irst section o~ the subdivision whisk accesses Beach Road. {c) Reconstrustion of Beach Road shall be conformance with the plans approved under 2 above, such construction shall be accomplished ~n conjunction with access to Beach Road. 3. The developer shall dedicate an extension of Thoreau Drive into the subject property and ~onstrnot a cu!-de-sec at the end of said extension in accordance with a tentative plat to be approved by the Planning Commission at the time of subdivision approval. 4. The developer shall dedicate a road extension off Donegal Drive into the subject preper~y and construct a cul-de-sac a= the end of said e~ten~ion to serve the approximately 35 acres ~f developer's proporty off of Donegal D/ire. It ks underEtecd that if these ~ots are developed without utilities they would contain a minimum of 4Q,QOO feet, Said ~xtension and c~l-de-nac shall be in accordance with a tentative ~lat to be approved by the Planning Csmmisslum at the time of s~Kiivision approval. AyeS: Mr. currin, Mr. ADDlegate and Mr. Danlel. In Midlnthia~ Magisterial District, T~[~ S]~]~a C(~4PANY, INC. requested amendment to Conditional Use Pla~ed Developments (cases 79S078 and g4S141) rmlative to parking. The density of suGh ~en~ent will be controlled by zoning conditions or Ordinance standards. ~e Comgrehenslve ~lan designates th~ property for general bu~ines~ use with density to be ~gtmrmined by develo~nt regulations. This request li~s in an office Business (0) District on a 0.g ~cre parcel frontln~ approximately 20~ ~eet on the sou~k line of Old Buckingh~ Road, also fronting approximately 203 feet on the east line o~ A1verser Drive, and located in ~hu uo~theast ~adrant of %he inter~ection of these roads. Tax Map 16-8 (1) Parcel 32 and ~r. Jac0b~on presented a ~ary of Case 90SN0252 and ~ta~ed the ~la~ning C0~is~io~ reco~ended denial of exceptions t0 the re~ired n~er of parkin~ sDace~ and approval of an ~en~ent to allow staff to appr0v~ off-site par~i~g, ~ject to certai~ conditions. He noted the applicant did concur with the planning Co~ission's reco~endation. Mr. David Shes stated th~ zec~ended condition was acceptable. ~e~6 was no opposition prement. ~en asked, Mr. Jacobsen stated the proposed request wa~ not discussed with Mr. Sullivan prior to ~i~ leaving on vacation. Mr. Shes in~ica~ed ic was ~portant t0 obtain approval at this time due to ongoing lease On motion of ~. Applegate, seconded ~ Mr. Daniel, the Board approved an ~en~ent to allow staff to approve off-site parking, m~3ect to the following cuadltio~: 90-817 1G/24/90 The Director of ~la~ing may approve parking on land, other than tho zoning ~ot on which the building is located, provided the owner of the building obtains a l~ase, the duration of which shall be aoceptable fo the Director of Planning Or provided the owner of the building obtains an easement, the terms of which shall be acceptable to the Director cf Planning, Any ~uch lease ur easement shall be recorded with the Clark of the Circuit Court~ (~} (NOTE: This condition is in addition to conditions of approval for cass 795075 and $4S141 for ~his site 0ely. Ail conditions of zoning approval for Cas~$ 79S078 and 84S141 remain in effect.) Ayes~ ~r. coffin, Mr, kpplegate, Mr. Daniel and Mr. Absent= Mr. Sullivan. Ia Matoaoa ~agi~terial District, ~OP ~A~TN~RS requested renoning from Agricultural (A} to Rssideetlai (R-~2~. Residential use of up to ~.63 ~nits par acre is permitted in Residential (R-12) District, The comprehensive Plan designaLes the property for residential use of t.§l to 4.00 units per acre. This request lies on a 7.8 acre parcel fronting approximately 307 feet on the northwest line of ~arohrith Drive, approximateI~ 1,316 feet southwest of Happy Rill Road. Tax Sap 149-6 [1) Parcel 1 (sheet Mr. Jacobsen presented a summary of Case 905~0254 and the Planning Co~ission reGOn~nended apprOVal of the re~e~t and acceptance o~ the applicant's proffered oo~dition~. Mr. Daniel expressed concern regarding Condition 1, paragraph "d" and stated h~ felt it did not reflect %h~ majority policy burn disagreement regarding this issue but the condition, written, i~ that which the Board adopted and ham b~en the policy to which previous rpguests hav~ a~hered. Ke indicated a review of ~aid policy is anticipated. Mr, Daniel stated there are details that need to be resolved to allow for ~he of co~s regardle~ of when the building p~rmit is issued. Further discussion ensue~ relative to financial impacts on capital facilities; additional language in =h~ condition regarding a =urmty bond sufficient to ~over the costs of such pa~ents; the prox~mit~ of p~lic ~acili~ies tO the subject site; ~ifferences with ~espect to the s~ject r~e~t compared to another r~qu~st in the area regarding imprOV~ents tO Marobrlth Road; the n~er of lots, lot size, etc., required by the proposed Residential ~R-12) r~zoning; etc. When asked, Mr. Sc~elz explained County policy requiring public water and/er sewer iaciliti~s. Mr. Ma~e~ indicated that if the applicant were utilizing public water and sewer in conjunction with 40,000 sq~ai~ fo~t l~ts, he could ~upport the howerver, he ~ould not SUppOrt tbs portio~ of the dealing with septio Mr. Curzi~ suggested ~hat ~he request be deferred for thirty days in order to clarify certain issues. Mr. James Harrison, reproach=lng the applicant, stated he did not desire a a~ hi~ clisnt has a potential b~yer f~r the ~tructure on the 90-818 10/~4/9~ rezoned, when asked, the applicant stated h~ would be willing to consider proffering a condition to utilize public water and sewer on tbs undeveloped portion of the subject property. After further dis~s~io~, it was on motion cf Mr. Mayas, seconded by ~r. Currin, the Board deferred Case 90SN0254 until November 28, 1990. Ayes: Mr. Currin, Mr. Applegate, Mr. Daniel and Mr. ~ayes. Absent: ~r. Sullivan. 90SN0257 In Bermuda Magisterial District, DAWR JI~AN HILL requested Conditional Use to operate a f~ily day care home. The density of such amendment will be con,relied by zoning cenditions or ordinance standards. The Comprehensive Plan designates the property ~or residen~ia! use ~ 2.5i to 4.00 unit~ pe~ acre with density to h~ d~te~i~ed by development regnlations. This request lies in a Residuntlat (R-9) Distric~ on a 0.3 acre parcel frontinq approximately 75 f~at on tbs north line of Farm Fia!d Drlvu, across from Hilltep Field Drive, Tax ~ap 97~2 (6) Billtop Farms, Section D, Block A, Lot 23 IShse% Mr, Jacobsen presented ~ sl%K~ary of Case 90SN02~7 and stated the Planning Commission recommended approval, subject certain conditions. Ms. Dawn Jean ~ill stated th~ recommended conditions were On motion of Mr. Currin, seconded by Mr. Applegate, the Board approved C~se 90SN0257, subject =o the following conditions: 1. The Conditional Us~ ~hall be granted to and for Dawn Jean 2. The nu~her cf children 9ermltted at any One time shall not exceed nine (9). Other [hen the applicant and her immediat~ famil~ members, the number of employee~ involved in the operation at any one time shall be limited to more %hen one (1) person. (p) 3. Except for the addition depicted on the plan submitted with th, application, there shall ~e no addltionm or use. 4. There shall ~e ne ~igns permitted t~ identify this use. Ayes: Mr. Ceftin, Mr. Appl~gate, Mr. Daniel and ~r. ~ayes. 98SN0265 I~ Mateaca Magisterial District, C~A~J~ES ~. F~r, ~. A~D C.F. CURl%IN, J~. requested amendment to Conditional Use 91armed Devalepment (Ca~e 87S114) to permit a motor vehicle wash. The d~nsity of such amendr~ent will be co~trOlled by zoning conditions or Ordlnanse standards. The ~emDrehensive Plan designates the property for residential use of 1.51 to 4.00 units per ~c~e and for ~i~h~ industrial use with density to be determined by development regulations. This request lies in a Convenience Business (B-l) District on a 12.7 acre parcel fronting approximate]~ 4~0 feet on the east line cf Iron ~ridge Road, appro×imately 350 feet noxth o~ Landfill Drive. Tax Map 114-1 (1) ~art of Parcels 2 and 3 (Sheet 31). ~0124/90 ~r. Currin disclosed to the Board that he is a co-applicant on ~he subject request, declared e conflict cf interest pursuant to the Virginia Comprehensive Conflict of Interest Act and exc~eed himself from the meeting. Mr. Jacobsen presented a summary of Case 9QSNO2~ and stated the Planning commission recommended approval subject to a single condition and acceptance of the applicant's proffered conditions. approved Case 90SN0265, subject to the ~ollewing condition: INOTE: In addition to the u~es permitted by Case 87Si14 for the portion of Tract B which is the subDect of this application, a motor vehicle wash shall be permitted. This con~i~ion is in addition to conditions of approval of Case 87S114. All other conditions of zoning approval for Case 87Sl14 remain in effect.) And f~rther, the Do~rd accepted the following proffered conditions: The developer shall: Prior to the issuance of a b~ilding permit, 100 of right of way on the east side of Route m~a~u~ed from the centerline of that part of Reut~ i~mediately adjacent to the property, shall be d~dicated, free and unrestricted, to and for benefit o~ ch6sterfield county. B. Provide an adequate roadway s~stem at the time complete development of the proposed project, the developer shall be responsible for the follewing~ (1) Construction of a~ditional pavement along the northbou~ lane~ of Route 10 to provide an additional lan~ (i.e., third through lane} for the entire length of the property, plus a right turn lane a= each (2) Construction of a new srQs~over with left turn lanes in both directions along Route 10, if requested by ~he developer and approved b~ the Transportation Department. adjacent properties as determiaed by (3) ~11 cos~ for signalization cf the Route 10/~ite road interse:tlon, if warren=ed, ¢, In addition to submission of road construction shall a~so be submitted to, and approved by, the Ayes: Nr. Apple~ate, Mr. Daniel and Mr. Mayes. Absent: Mr. Currin ~nd Mr. Sullivan. 90-820 I0/24/90 89SN0333 In Clover Hill Magisterial District, DR. CUSTI~ requested rezoning from Agricultural (A) ~o Residential (R-15). ~esid~tial d~velopment of up to 2.9 units per acre is p~mitted in a Residential (R-15) District. The Comprehensive Plan designates the property for agrlcultural/forestal use with density to be controlled by zoning conditions or Ordinance s=andards. This request lies o~ a 39.5 acre parcel fronting approximately 1,260 feet on the south line of Senite Road, (1) Parcel 57 (Sheet 12]. ~r. Jacobsen presented a sur~ary of Case SPSN0333 and stated the applicant is ro~uestlng deferral to fha ADrii 24, 199I Dr. Coleman stated a deferral is desired so that he may bettes assess t~e impact cf the prDpssed Upper Swift Creek Plan on proposed development. On motion of Mr. Applegate, seconded by Mr, Daniel, the Board deferred consideration of Case 89SN0333 until April 24, Ayes: ~r. Ceftin, Mr. Applega~e, ~r. Daniel and ~r. Absent: ~r. ~ullivan. 89S1~0219 (Amended) In Mateaca Magisterial Distrist, ~KINQ~ART~R PR~PERTIE~, INC. reque~te~ Zezoning from Agricultural (A) to Residential of 134.9 acres, and Residential Multi-Family (H-MF) of 25.1 acres wi~h Conditional Use Planned Development to permit use and bulk exceptions. Residential uae of up to 4.84 units per acre is permitted in a Residential (R-9) District. The density of such amendment w~ll be controlled by zoninu conditions or Ordiaance s~andards. ~he Comprehensive ~lan designates th~ property for agricultural/fcrestal use with densit~ to be determined by development regulations. This request lies on a total of 160 acres fronTin~ approximately 227 feet eh the south line of Hull Street Road, approximately 1,120 fee% west of Otterdal~ Road. Tax Nap 74 (1~ Parcel 48 (Sheet 19). Mr- Jacobsen presented a sit, mary of Case 89SN0219 and stated the ~lanning Commission recommended approval, ~ubje¢% to ~r. Applegate disclosed to the ~eard that he is a trustee ~Oteholder of property adjacent to the subject site, declared a con,list O~ interest pursuant to ~he virginia CemRrehensive Conflict of interest Act ~nd excused himself from the meeting. Hr. Jay Wei~berg, representing the appllcant~ accepted the reCOmmended conditions and stated the applicant intends to On motion of ~r. Ha~es, seconded by Hr. Danlel~ the approved Case 89SN0219, subject to the following conditions: 1. Th~ following conditions notwithstanding, the Textual sLatement and plan prepared by uharle~ ~. TOWhee and AssociateS, R.C., titled "Ott~rdals II, Rezoning Application," dated February 17, 1989, revised December 18, 1989, and January 30, 199~, shall be the master plan. 90-821 10/24/90 {NO~: Approval Q£ the plan by the County does not imply that the county ~ranted final approval of any particular road alignment cr typical seotlons~) 2. The developer shall extend a twenty-four (24) inch water main along Route 360 to the request site. Prior to submittal of any schematio~ site or tentative s~bdivisien plans, a layout of thc proposed water distribution system, accompanied by supportive deeign data, shall be submitted to the utilities Department, Planning Section, for approval. The design of the on-site system shall be coordinated with the waSez distribution ~or the proposed mixed use development (Case 87S103) to the east. The developer shall participate in the expansion of the Dry Creek Wastewater Pump Station- 5. The developer shall extend a wastewater trunk line along Dry Creek to serve the request site and provide the ability to serve adjacent ~pstream propertiem within the drainage basin. k fifty (~0) foot buffer shall be provided adjacent ~o the proposed east/west collector road and the north/south collector road and between the Residential ~R-9) and Residential Multi-family (R-MF) Districts. The area of the huff~r shall consist of an unbroken strip of open space and ~hall be planted at 1.5 times the density of Perimeter Landscaping C. Prior to apprOVal of any final site plan or recordation of any pla~, the developer shall flag this ~uffer strip for inspection, and shall post a bond to eov~r the implementation of the landscape plan, if such plan is rec~aired. Except for approved public road access(es), no accuse shall be permitted through this buffer strip. This b~ffer strip ~hall be noted on any final site plans, and any final cheek and recordation plats. The Planning co, lEsion or the Director of Planning may modify this condition with respect to at the time of tentative subdivision review. 7. A uniform and coordinated s~stem of signage shall be imple~ente~, with a conceptual signaqe package ~bmit~ed to the Planning Department at the ti~e of schematic/site plan review. This package shall comply wish Section 21-67,23. k fifty (50) foot buf£ar shall be maintained on those portions of the develo~men~ whore non-r~sidential ~Ees are adjacent to r~sidential u~es. The area o~ the buffer shall consist of an unbroken strip of open space and shall be planted at 1.5 times the density o~ Perimeter Landscaping C. Prier to approval of any final site plan or recordation of an~ plat, the developer shall flag this buffer strip for inspection, and shall pe~ a bond to cover the implementatio~ of the landscape plan, if such plan is required. Except ~or approved public road access(es), no access shall be permitted through this buffer strip. This buffer strip shell be noted on any final site plans, and any final check and recordution plats. The Planning Commission er the Director of Planning ~ay modify thie condition wi~ re~pect to accuse a= the time of te~tatlve subdivision review. (PIT) Textual Statement, the permitted ~ses, restricted uses and required conditions shall be limited to those ~pecifically enumerated in the Residential (R-MF) and corporate office (0-2) and Convenience Business (C-l) Districts of the Chesterfield CountV Zoning 0rdinance~ ~rovided, however, the non-residential uses allowed in the R-MF District 90-822 10/24/90 (3) acres may be devoted to c-1 uses. This grants an parcel size requirement in Residential Multi-£amily Districts. Uses ether than multi-family shall De limited Plan. 10. In conjunction with, er prior to, submittal of the first recreational facility shall be identified- Eowever, if an agreement can be reached with the adjacent property owners (otterdate Properties Associates, Zoning Case joint facility ~ay be built to accommodate members of both communities. There shall be at least One (1] swimming pool fur each 1,000 dwelling units, as well as other facilities such as picnic areas or tot lots. The service area Of ea=h £acility shall net exceed a one (1) mile radiu~, and the re~uired recreation facilities shall be And further, =he Board accepted th~ following proffered conditions: (1) The tract boundaries may be adjusted to meet field than twenty percent (20%) within any tract provided that: (i) open space shall not be ~ocroassd by more than twenty pc=cent (20%); (ii) i~ such an adjustment encroaches shall be provided within the tract; (iii) tracts in the tyges of land usus, circulation patterns, building bulk, (2) Public water and se~er shall be used. In conjunction with recordation of the first section of the subdivision Dr prior to issuance of any commercial buildin~ permit, whichever occurs first, the developer shall dedicate to Chesterfield.. County, an ninety (9O) £oot wide right of way for the proposed ~ast/west arterial through the subject property and an unrestricted ninety (90) foot wide right c~ way for the to =be northern property lin~. The location of these arterials shall be approve~ by the Transports%ion The developer shall be responsible for constructing a minimum two lane road in the east/west arterial right of way through the s~jec= proper=y. The developer shall phasing plan for the bondinq may be submitted to and approved by the Transportation Department. (5) In addition to s~bmi~sion of road construction plans to VDOT and Environmental Engineering, the plans for the east/west and north/SOUth arterial shall be submitted to and approved by the Transportation Department. (6) The entire area of the req-~est shall be sub]eot to the requirements of the Corridor Overlay District, Article III, Division 11.2: Section 21-67. (7) Prier to, or ~n conjunction with, the submittal of the 9~-823 10/24/90 walkway plan for the e~tire development shall be $~bmitted to the Planning Department for approval. This plan shall facilitate pedestrian movement~ thro~hcut the development. The plan shall be imDlemente~ in con3unction with development of any lot or parcel which adjoins the pedestrian rye:em. Detailed pla~ for construction of each phase of the system shall be submitted to the Planning Department for approval in conjunction with submission of final site plan or final check plats. (8) Prior to the issuance of building permits on the R-MF parcel adjacent to u. s. Route 360, a one hundred (100) foot right-of-way, measured from =he existing oenterllne of Route 360, along the frontage o~ the parcel, shall be dedicated to the County cf chesterfield. (9) All building and site designs will be subject to approval by the Commercial Architectural Review Committees maintained ~y the Developer. (10) Density shall nc: exceed two hundred fifty (250) dwelling units for those tractm zoned R-9, Ayes: Mr. Ceftin, Mr. Daniel a~d Mx. Mayes. Absent: Mr. Sullivan and Mr. Appleqate. M~. Applegate returned to the meeting. In Clover Hill Magisterial District~ D~f~aHVA PROPERTIES, INC. requested rezoninq f~om Agricultural (A) to Residential Residential use of up to 2.9 units per acre is permitted in a Residential (R-15] District. The Comprehensive Plan designates the property for agliculfural/foreEtal use with density to be determined by development regulations. This request lies on a 216.3 acre parcel fronting approximately 1,760 feet on the north line cf woo~ridge Road, approximately ~,400 feet ncrtheas~ of Ctterdale Road. Tax Map 60 (1) Part o~ Parcel 2 Mr. Jacobsen presented a brief summary of Case 89SN0355 and stated the Plannio~ CoK~ission recommended approval, subject to certain conditions and acceptance o~ the applicant's proffered conditions. Mr, John Cogbill, representing th~ applicant, s~a%ed the recommended conditions were acceptable; requested the record reflect, as outlined in condition $1, exclusive of eaaemsnts, lot area and required yards ~hall be established and maintained horizontally above the ooRto~r line along the northern boundary of the request sit~ immediately adjacent to swift Cro~k Reservior and same was compatible with the Bra~dermill community; that the applicant would be willing to proffer as a condition compliance with the requirement~ cf the qpper Swift Creek Plan when said Plan is adopted. It was noted new proffered conditions could not be accepted at this time since they had not b~n received in writing prior ~o ~hu public hearing. There was no opposition. on motion of Mr. Applegate, seconded by ~r. Mayes, the Board approved Case 895N035~, subject to the fnllowlng conditions: 1. A 100 foot buffer exclusive of easements, lot area and required yards shall be eetablishud and maintained horizontally ~ove the 17S.00 foot contour line along the northern boundary of the re,est site irm~ediately adjacent to Swift Creek Reservoir. The area of =his buffer strip shall either be lu~t in its natural state, if sufficient vegetation exists to provide adequate screening; or he planted and/or bermed in accordance with a landscape plan 10/24/90 vegetation does not exist to provide adequate screening. Prior to approval of any final site plan cr secordatlon of any plat, the developer shall flag this buffer for in~pection, and shall post a be~d to cover the implemen- tation of the landscape plan, if such plan is required. EXcept ~sr approved public road acceSs[es), pedestrian bicycle paths, no access shall be permitted through this buffer strip. This building setback and buffer strip shall be noted on any final site plans and any final or recordation plats. (P & U) 2. A ~i~ty (50) los% buffer ~trip, ~xclusive of easements and required yards, ~hall be established and maintained adjacent to wcolridge Road (Route 665). The a~ea of this buffer strip shall either be left in its natural state, if sufficient vegetation exists to provide adequate scraening~ er be planted and/or hemmed in accordance with a landscape plan approved ~y the Planning department, if sufficient vegetation ~oes not ex~t to provide adequate screening. Prior =e approval of any final site plan or recordation of shy plat, the developer shall ~lag this buffer strip for inspection, and shall post a bond to cover the implementation of th~ landscape plan, if such plan is required. EXCept for approve~ public road access(es], no access shall be permitted through this buffer strip- This buffer strip shall bo noted on any final site plans, and any final check a~d recordatio5 plats. The ~lanninq Con~ission or ~he Director of Planning ~ay modi£y this COndition at the time of tentative ~ubdivision revieW. (P&T) And further, the Board accepted the following ~roffered conditions: 1. 'In conjunction with the development of the first ~ection uf the subdivision, the developer will dedicate to the County, free and unrestri=ted, such land as may be necessary to ~stabli~h 45 feet cf right of way on north side cf Woolridge Road (as measured from tho centerline of that part of Woolridge Road immediately adjacent tO the Property.) 2, The maximum density of this development shall ~ot exceed 250 lets, and the developer shall be responsible for the following road i~provementa: a. Preparation of con, traction plans for the reconstruction of that portion of Woolridge Road adjacent to the Property: such plans to be prspared ~o VDOT ~rban minor arterial road classification and construction standards MPH), as determined by the Transportation Department. The plun~ shall include, an~ong other things, left and right tur~ lanes along Woelri~e Road at the approved amcems tc the Property. The plans shall be submitted %© and apprcve~ by the Transportation Department. h. Dedication of all right of way necessary for the reconstruction of wool~idge Koad as identified in paragraph 2.a. above. Such dedication shall occur in conjunction with ~hs fi=st recordation of a subdivislom plat. R~construction of that portion of Woolridge Road adjaceDt to the Property, as determined by the Transportation Department; Kuch reconstruction shall be in accordance with the road constructio~ plans which have been approved by ~he Transportation Department in accordance paragraph 2.a. above and shall be aCComplished 90-$2~ lO/2~/go in conjunction with developmen= e~ the first suction of the subdivision- Ayes: Mr. currin, Mr. Applegate, Mr. Daniel and Mr. Mayes. Absent: ~r. Sullivan, 8g:~0353 ~n Ma~oaca Magisterial District, T~BLMA Z. POWELL, ET rac~ueete~ rezQ~ing from Agricultural (k) to Residential A single family residential subdivision is pl~d- This re~uast li~S on ~ 4.9 acr~ parcel fronting approximately 421 feet on the northea~ li~e of ~arrowgate Road, als~ fronting approximately 795 fe~t on the southwest lin~ of ~appy Hill Road, appro~i~tely 800 ~eet west of Tetris Lane. Tax Map 132-12 (4) ~arden City Meights, Lots 18 and 2O (sheet 41). ~. Peele presented a m~ary o~ Camm 89s~035] and stated the Planning co~ission race--ended approval, s~ject =oa ~ingle ooDdition; no,ed ~if~Ges in staff'= and th~ applicant's right-of-wa~ dedication; Thmre was brief disoussion relative to =h~ necemsit~ for reco~nd~d fifty (50) foo~ buffer to five (5) ~=et; ~tc. Mr. Daniel exous~d himself from the Mr. Horace Powell presented an overview of the proposed r~quest; ~ndicat~d his mubmitta! of a prof~red condition rgardin~ the dedicatio~ cf right-of-way along Har~Owgate and Happy Hill Roads; stated he fel~ failure to reduce th~ buffer requirment from 50 ~o 5 feet would adversely ~pact the value and developability o~ his property; and asked favorable cOnsideTatlon o~ his ~r~ wag no opposition pre~Dt. ~en asked, Mr. Pools explained differencmm in s~aff regarding the n~er of lo%s, buffer widths, utC. ~r. Daniel r~tUrned to the meeting. O~ motion of Mr. Mayer, s~conded by ~r. Applegate, the Boar~ A fiv~ (5) foot buffer strip, exclusive easement= and required ~ards, ~hall b~ es=abli~hed and ~intai~ed adjacent to ~arrowgate and Happy Hill Roads. ~ area ~ ~hes~ buffer stride shall either be left in their natural state, if sufficient screening; or be planted and/or be~ed in aocor~ance with a landsoap~ pla~ approved vegetation ~oes not e~ist to provide ads,ate ~creenin~. Prior to approval of an~ final ~ite plan or r~ccrdatio~ of any 91at, the developer shall flag these buffer land,cape plan, if s=ch plan is r~ired. E~cep= for approved p~lio rued access(e~), buffer st=ip$. These bu~er strips ~hall be noted o~ any final sit~ plans, and any ~tanning cool,mien or ~he Director of 90-826 10/24/90 Planning may modify this condition at the time of tentative subdivision review. (P, T &BOS) And further, the Board aGcepted the following proffered condition: In conj~eticn with recordation of the first subdivision plat, zix=y (60) feet of right-of- way on the east side of Harro~¢gat~ Read and for=y-five (45) feet of right of way on the west side of ~appy Hill Road, measured from the centerline of that part of the roads immediately a~jace~t ~o the property, shall be dedicated, ~ree and unrestricted, to and for the benefit of Chesterfield County. Ayes: Mr. Currln, Mr. Applegate and Mr. Mayas. Abstention: Mr. Daniel, as be was not present for the entire discussion of =he subject request. Absent: ~r. Sullivan. 90s~0155 In clover Hill Magisterial District~ J~ES F. rezonin~ from Agricultural (A) to ~elghborhoed Business (c-2). The density of such amenc~zent will be controlled by zoning conditions er Ordinance ~a~dards. The Comprehensive Plan designates the property for office use with density to bm determined by development regulations, ~his request lies on a 9.3 acre parcel fronting approximately 920 feet on the south line of Hull Street Road, also fronting approximately 450 feet on the east line of Fordham Road, and l~cated in the southeast quadrant of the i~%e~$ecticn of these roads. Tax Map 50-5 Parcel 1 (Sheet Mr, Jacobsen presented a sun~ary of Case 90SN0185 and stated acceptance of the applicant's proffered conditions. He no,ed ~r. J~es Hubbard s~ated the reco~enda~ion wa~ acceptable. indicated h% had met with area rmgidents and felt their concer~s had been adequately resolved. There wa~ no opposition ~ere was brief ~iSCussion regarding the type~ of us~s proposed On motion of Mr. Appleqate, seoonded by M~. Daniel, the board approved Case 9~0~85 and accepted th~ followin9 proffered conditions: 1. The following uses shall not be permitted: d. Laundromat~ e. Occult ~cienc~ such as Palm Readers, astrologers, ~ortune tellers, tea l~af readers, prophetE, etu. f. Rental of health and party equipment and small home hardware, toela and squipment h. Rental an~ sales of videos Ail structures shall have a compatible architectural style. All structures shall have an architectural style compatible with the residential neighborhood to the south. Compatibility shall be achieved through the usa of similar 98-827 10/24/90 building mam~ing, material~, scale ur uther architectural ~eature~. Architectural plans to be ~ubmitted to the Planning Commission for approval in conjunction with site plan review. Prier to s~b~ission of architectural a~d site plans to the Planning Commission, the owner/developer shall submit such plans to the Fe~nbroek and Falling Creek Fa~s civic Associations. Site plan to be aubmlttcd to the Planning Commis~ion for approval. 4. The owner/developer shall notify all adjacent property owners in writing at least thirty (30) days prior to the Planning Commission meeting of the time and date of site plan consideration, The owner/developer shall provide the Planning Department with an affidavit that such notification has been done, 5. With the exception of a restaurant which shall not be open to the public between 10:0g p.m. and 6:00 a.m., no use shall Be open to the public between 9:00 p.m. and 6. There will be no construction activity on saturday or 7, During construction, with the exception oi access Fordham Road relocated and ingress/egress to the site from e~aot location of the construction ao~ess shall be approved by the Transportation Department. Prior to first sate plan approval, all fill material removed end the ~rainage outfall from For~h~ Road shall IQ. Prior to the issuance of a building permit, or within sixty (60) days ~rom the date of approval o~ this rezoning of Route 3~0 and on the east side cf ~ordham Roa~, immediately adjacent to the prupurt~ identified On the current VDO9 construstion ~lans ~er the widening of Route 360, shall be dedicated, free and unrestricted, to and the benefit of chesterfield County. 11. Prior to the issuance of an occupancy permit, the developer shall construct the following mitigating road improvements: Additional pavement along the eastbound lanes of Route 360 ~e provide an additional lane third through lane) for the entire property frontage, ~lus a separate right-turn lane at the approved access. ~) Close the existing crossover along R~ute 360 Route ~60 to ali~n ~regory's ~¢nd Road, as d) Additional pavement along Fordham Drive to provide a minimum three (3) lanes ~yRical section (i.e., one (1} in-bound lane a~d two (2) 90-828 10/24/90 out-bound lanes) at its intersection with Route 3601. e) Additional pavement along Fordham Road to provide left- and right-turn lanes at the f) 0ne-half (1/2) the cost for traffic signaliza- tion at the Fordham Road/Route 360 i~tersuction, if warranted, as determined by the Transporta- tion Department. 12. Prior to obtaining a building pelnmit, one of the following shall be accomplished for fire protection: A. For building permits obtained on or b~fore June 30, 1991, the owner/d~v~loper shall pay to the County $150 per 1,000 square feet of groom floor area. if the building permit is obtained after June 30, 1991, the amount of the required payment shall be a~justed upward or downward by the same percentage that the Marshall Swift Building Cost Index i~creased or dec,eased between June 30, 1991, and the date of pa~ent. With the approval of the Count~s Fire Chief, the owner/developer shall receive a credit toward the required payment for the cost of any fire suDDre~aion system not otherwise required by law which is included as a part of the development. OR B. The owner/developer ~hall provide a fire suppression system not otherwise required by law which the county's Fire Chief determines substantially reduces the need for County facilities otherwise necessary for fire protec- Ayes: ~-r. currin~ Mr. Applegate, Mr. Daniel and ~r. Ma~es. Absent: Mr. Sullivan. 90SN0228 In Bermuda ~dagisterial District, B~ MCLAUG~LIN requested rezoninq from Community Business (B-2) to Community Business (c-3}. The density of the proposed amendment will be oo~trolled Dy zonin~ conditions or Ordinance standards. The Comprehensive ~Ia~ designates the property for general commercial with density to be determined by development regulations, This request lies on a 0.83 acre parcel fronting approximately 100 feet on the west line of Perl~ont Road, approximately ~00 feet north of Willis Road, also fronting approximately 150 feet on the east line of Oak Lawn Street. Tax Map 81-8 (~) Crescent Park, Block ~, Lots 3~, 3~, 37, 38, 39 and 40 and Lots 77, 78, 79 und 80 (Sheet 23). Mr. Jucobson presented a sun~ary of Case 90SN0228 and stated ~he ~Ianning Commission race--ended approval cf the re~uest and acceptance of the applicant's proffered conditioR$ an~ note~ there was one Iettar of opposition on record. ~e stated staff race--ended a fifty (58) foot buffer, berm and fence along the western pre,arty bcundary~ however, if the applicant's engineer could design an appropriate layou~ o£ the si=e, staff could accept a twenty-five (25) foot buffer. Mr. Barney MoLaughlin stated the recommendation wes acceptable and submitted photographs to the Board for their perusal, copies of which are filed with the papers cf this Beard. There was no opposition present. 90-829 10/24/90 On motion of Mr. C~rin, seconded by Mr. Apptegate, the Board conditions: 1. To minimize the ~raffio impact, A. Prier to the issuance of a building permit, forty-five (45) ~eet of right of way on the west side Of PerrMmont Road, measured from the centerline of that Dart o~ ~er~ent Road beeefit of Chesterfield B. PriOr to the issuance o5 an occupancy permit, left- and right-turn lanes, as determined by the Transportation Department, shall be along Part,merit Road at the approve~ access. 2. A twent~-~iva (25) foot Duffer shall be maintained along the western propert~ boRndm~y. Within this buffer, a minimoJ~ five (~] foot high be~ shall ~e ig~tmlled. Further, a six ~6) foot high solid board f~nce ~hall be ins~lled at the =op of the berm. Lands~aplng shall be installed on both sides of fha feno~ in a~cordanC~ with ~his buffer, landscapin~ ~encing or other buff~r/mcreenlnq features, there shall be no facilities o~ acGems throush In addition; a minim~ six (~) ~oot high soli~ board fence shall be installed along the northern proper~y boundary This ie~e ~hal~ be ~equired u~til sR~h ~ime ~m thm adja~n~ property to ~he north is utilized right or wi~h res~riction~ in =he C-2 District, plus a motor vehicl~ waah. ~y moto~ vehicle wash shall not be open tc the p~lic between the hours of 8:08 p.m. and 7:00 a.m. Further, an attendant ~11 be on-line ~etw~e~ the hour~ o~ 10:0O and 8:00 p.~. Ayms: Nr. Currin, Mr. ADpl~gate, Mr. Daniel and ~. ~sent: M~. ~ullivan. ~0s~10256 In Clover ~ill Mag£~herial District, SyE~qEYM~MALTY CO~ORATIO~ ~equested rescning ~xom ~e$1dential (E-7) tQ Corporate Office (o-2). ~e demsiky of Such ~en~nt will be controlle~ by zoning condi5ions or 0rdinan~e standards. ~e Comprehen~iv~ 4.00 units per acre w{~h density to be datelined by develOp- ment r~gulations. Thi~ reguest lies on a .56 acre parcel fronting approximately 330 feet on the south line of KnightS- bridge Road, also f~onting approximately 12Q f~et on the west line o~ ~orth Arch Road, and looa~ in the Southwest quadrant of the intursec~ion of ~huse roadm. Tax Map ~8-1 (1) Parcel 12 (Sheet S). Mr. Peele precepted a s~rM of Case 90SN0256; noted ~here was residential opposition at %he Plannin~ co~ission meetinq addressin~ concerD~ relative tQ ~ran~portati~n, access, noted that the Flannin~ Co~ismiQn r~co~ended denial ~f the re,est. 90-838 10/2~/90 overview of the proposed develoument; submittsd a oop~ of the layout design of %he site to the Board for their review~ stated the applicant has m~t wi~h area rssidents in efforts to renolve %hair concerns and that the proffered conditions reflected the applicant's efforts to address these concerns; Ms. Batricia Creed, Ms. Jane Chandler, and MX. Kidd voiced property would be overdeveloped, that there is existing office that the proposed project would encroach upon and disrupt ~he the proposed use of 0-2 due to its intensity; noted alternative appropriate use for the site. area. Mr. ARPlegate stated he was very familiar with the already existing in the area and f~lt the area residents' concerns were justifiable; and could not support the project. On motion cf Mr. Apptcgats, seconded by ~r. Daniel~ the ~oard denied case 90SN0256. Absent: Mr. Sullivan. On motion of Mr. Appl~gate, seconded ~r. Daniel, the Board went into Executive Session pursuant ta Section 2.1-344 (a)(7) to consult with counsel regarding legal issues involving th~ River Trunk extension project and Ftc-Con v. County and Mctcalf & Eddy, Inc. and discussion pursuant tn Section 2.1-344 of the Code of Virginia, 1950, as a~ended, regarding the a¢cfaisition of real estate involving County schools and park site and fha aoguisitio~ and use Qf real ~rs~ert~ for public purposes relating ~o ths extension of Route 288. Ayes: Mr. ceftin, Mr. AD~cgate, Mr. Daniel a~d Mr. Absent: Mr. Sullivan. On motion of Mr. Applegate, seconded by Mr. Daniel, the Board adopted the following resolution; WHEREAS, the Board of SU~erv~$orS has this day adjourned int~ Executive Session in accordance with a fo~al vo~e of the Board, and in accordance with the provisions of the Virginia Fr=edom Of Information Act; and W~REAS, the Virginia Freedom of Information Act effective July 1, 1989, provides for certification that such EXeCUtive ~ession was conducted in oenfol~mity with law. NOW, THEP~FORZ~ BE IT RESOLVED that the Board of County Supervisors does hereby ce=~ify =hat %o the b~st of each 90-831 10/24/90 exempted from open meeting r~quirements under the Preedom of Information Act were ~iscussed in the Executive Session to which thi~ certification applie~, and ii) only suck public business ma%tots as were identified in the Motion by which the oons~dered by the Board. NO member dissents from this certifi- cation. The Board being polled, the vote wa~ as follows= Mr. Daniel: Aye. Mr. Mayes: Aye. Mr. Applegat~: Aye. Mr. Sullivan: Absent. Mr. Cuxrin: Aye. 12. ADJO~ 0n motion of Mr. Applegate, ~e~en~e~ ~y Nr. Daniel, the Beard adjourned at 5:80 p.m. until 2:00 p.~. on November 14, 1990. Ayes: ~. Currin, Mr. Appleqate, Mr. Daniel and ~r. ~ayes. Absent: Mr. Sullivan. L Ra y Count~ Administrator ~. F. Currin, Jr. Chairman 10/24/90