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1998-06-24 MinutesBOARD OF SUPERVISORS MINUTES Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator June 24, 1998 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. Steven Calab~o, Dir., County Airport ~ MS. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Legislative Services Ms. Becky Dickson, Dir., Budget and Management Mr. William D. Dupler, Building O~ficlal Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy CO. Admin., Human Services Mr. John W. Harmon, Utilities Mr. Russell Harris, County Ombudsman Ms. Tammy D. Haskins, Clerk to the Board Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis M. Pitaro, Dir., General Services Deputy Chief Paul Shorter Fire Department Mr. James 0. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office 6-24-98 98-433 Mrs. Humphrey called the regularly scheduled meeting to order at 4:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Barber, seconded by Mr. Warren, approved the minutes of May 27, 1998, as submitted. Ayes: Humphrey, Warren, Barber, Daniel, and McBale. Nays: None. the Board 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsay recognized Mr. Daniel who had several portraits that he donated to the County including the Richmond International Airport and an original print of the concept of the Diamond. He noted that he gave all the papers to the Historical Society which led to the development and passage of the County Charter. He stated that Richmond has been a leader in regional efforts including the economic development partnership. 3. BOARD COMMITTEE REPORTS Mrs. Humphrey congratulated the School Board; Dr. Bosher, the School Superintendent; and Principals across Chesterfield County for the good array of students who graduated across the County. She acknowledged scholarships given to students in the County and stated that she is proud of all the graduates. She stated that it was a pleasure to attend a couple graduation ceremonies with Mr. Warren. She noted that Clover Hill High School completed its first full term of the Math and Science School and noted that this year's graduates were the first-time graduating class of the Science School. She stated that for the past sixteen years, her parents, now her mother, has sponsored a picnic at the farm on Beach Road for special needs children. She further stated that the Fire Department has been a partner in this event for the past two years and she expressed appreciation to the Department for their involvement. Mr. Warren stated that it was a pleasure to attend the recent graduations and that he is proud of the students. He further stated that he is proud to be a part of Chesterfield County at this time as he feel everyone is seeing the fruits of the School System's labor in putting out the very best students. He congratulated Mr. Daniel on his recent retirement. He stated that Mr. Daniel's input into the Richmond International Airport has been tremendous and that he has learned a lot from serving on the Richmond International Airport Commission. Mr. Daniel stated that he was the guest speaker at Meadowbrook and Lloyd Bird High Schools' graduation ceremonies. He further stated that on June 19, 1998 he accompanied Mr. Ramsay and County staff to Fredericksburg to attend a meeting to discuss the impact of growth on localities. 98-434 6/24/98 Mr. McHale stated that he was pleased to participate in the graduation ceremony for Thomas Dale Higk School and that it is exciting and rewarding to see the accomplishments of young people. 4. REOUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Daniel, seconded by Mr. Barber, the Board replaced Item 8.D.2., Authorization for County Administrator to Execute Change Order Number One to J.E. Liesfeld Contractor, Incorporated for the Clover H/ii Sports Complex Phase II Project and Transfer of Funds; deleted Item 8.D.16.a. b. and c., Authorization to Exercise Eminent Domain for the Acquisition of a Variable Width Water Easement and a Ten Foot Temporary Construction Easements, a. Across Property of Theodore C. Bu!lard and Mary J. Bullard, b. Across Property of Crenshaw Singleton Properties, and c. Across Property of Buford-Forest Hill Shopping Center, Limited; and replaced Item 8.D.26., State Road Acceptance, and, adopted the Agenda, as amended. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING MRS. LYNNE E. COOPER FOR HER SERVICE ON THE CHESTERFIELD-COLONIAL HEIGHTS SOCIAL SERVICES BOARD Mr. Hammer introduced Mrs. Lynne Cooper who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesserfield-Colonial Heights Social Services Board is a citizen Board established by the Code of Virginia, responsible for oversight and policy guidance to the department in its pursuit of excellence in providing services to individuals, families, and the community; and WHEREAS, Mrs. Lynne E. Cooper was appointed to the Chesterfield-Colonial Heights Board of Social Services in 1990 and served as Chair from January 1994 through June 1997; and WHEREAS, Mrs. Cooper served in the capacity of Chair of the Capital Area Coalition of Social Services Board members, which is comprised of representatives from the Counties and Cities of Charles City, Chesterfield, Colonial Heights, Goochland, Hanover, Henrico, New Kent, Powha/an, and Richmond; and 98-435 6/24/98 WHEREAS, Mrs. Cooper actively participated in the Virginia Social Services Advocates -- a Statewide coalition for local Social Services departments and was a strong voice in advocating for departmental needs including assuming an active role in filling the position created by the resignation of a long-term director; and WHEREAS, Mrs. Cooper has demonstrated an unfailing commitment to all employees of Chesterfield-Colonial Heights Department of Social Services; and WHEREAS, the Virginia Initiative for Employment-Not Welfare was implemented in the localities of Chesterfield and Colonial Heights during her tenure and Mrs. Cooper represented the Board of the Community Response Team; and WHEREAS, Mrs. Cooper is committed to the protection of children, the elderly and disabled, and has served with distinction all citizens of Chesterfield and Colonial Heights and the department has experienced unprecedented growth and changes under her leadership. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and commends Mrs. Lynne E. Cooper for her dedicated and outstanding service to the Social Services Board and the citizens of Chesterfield and Colonial Heights. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Cooper and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey and Mr. Barber presented the executed resolution to Mrs. Cooper and expressed appreciation for her dedicated service to the Social Services Board. Mrs. Cooper expressed appreciation for the recognition. She stated that it has been a pleasure and enriching experience to serve on the Social Services Board. She expressed appreciation to Mr. Ramsey and County staff for understanding and respecting the role of the Social Services Board. 5.B. RECOGNIZING MS. ~TT,nRED TUCKER FOR HER SERVICE ON THE CHESTERFIELD-COLONIAL HEIGHTS SOCIAL SERVICES BOARD Mr. Hammer introduced Ms. Mildred Tucker who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield-Colonial Heights Social Services Board is a citizen Board established by the Code of Virginia, responsible for oversight and policy guidance to the department 98-436 6/24/98 in its pursuit of excellence in providing services to individuals, families, and the community; and WHEREAS, Ms. Mildred Tucker was appointed to the Chesterfield-Colonial Heights Board of Social Services in 1990, served as Chair since July 1997, and was Vice-Chair from July 1992 through June 1997; and WHEREAS, Ms. Tucker served as Chair of the Search Committee established to fill the position created by the retirement of a long term director; and WHEREAS, Ms. Tucker has been committed to all employees of the Chesterfield-Colonial Heights Department of Social Services; and WHEREAS, the Virginia Initiative for Employment-Not Welfare was implemented in the localities of Chesterfield and Colonial Heights during Ms. Tucker's tenure; and WHEREAS, the department has experienced unprecedented growth and change under Ms. Tucker's leadership; and WHEREAS, Ms. Tucker has served the Social Services Board and the community with commitment through her strong belief and support for family and children. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and commends Ms. Mildred Tucker for her dedicated and outstanding service to the Social Services Board and the citizens of Chesterfield and Colonial Heights. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Tucker and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey and Mr. McHale presented the executed resolution to Ms. Tucker and expressed appreciation for her dedicated service on the Social Services Board. Ms. Tucker expressed appreciation for the recognition and stated that it has been a pleasure and learning experience to serve on the Social Services Board. She further stated that through her service on the Social Services Board, she has been able to share a lot with the Baptist Children's Home, where she works. She stated that during her service on the Board, she had the opportunity to work with many children and that she adopted one of the children. 98-437 6/24/98 Mr. Daniel commended Mrs. Cooper for her service on the Social Services Board and recognized her as one of the original fifteen citizens who structured the County Charter, which received an overwhelming vote of approval in 1986. 6. WORK SESSIONS O 1998 GENERAL ASSEMBLY LEGISLATION Mr. Micas stated that this time has been scheduled for a work session to review the 1998 General Assembly legislation. He reviewed changes requiring Board action. He noted that the most complex required change of the 1998 General Assembly relates to the Community Services Board which would amend the State Code to clarify and redefine the role of community services boards as the entities that oversee the delivery of publicly funded mental health, mental retardation and substance abuse services. He stated that the three types of community services boards created by the bill are an operating board, an administrative policy board, and a policy advisory board. He further stated that the recommendation of staff is that the Board designate the existing Community Services Board as an ~administrative policy board" as modified by the Charter and that in August, 1998, the Board appoint a blue ribbon committee to further study the appropriate type of community service board for Chesterfield County. He stated that after that report, the Board could change the type of Community Service Board. He then reviewed other changes which may require Board action. There was brief discussion relative to amending the State Code to allow localities to define ~immediate family" to include aunts, uncles, nieces and nephews for purposes of family subdivision provisions and amending the State Code to allow localities to exempt cemeteries from local stormwater management fees. Mr. Daniel stated that he probably would not be inclined to have the amendment to the State Code, regarding exempting cemeteries from local stormwater management fees, to be included in the 1998 changes to the County Code. There was brief discussion relative to amending the State Code which allows the circuit court, at the request of a locality, to appoint up to three alternates to the board of zoning appeals. Mr. Micas noted that even if the Board chooses to hold a public hearing on issues, the Beard does not have to adopt the ordinance. When asked, Mr. Micas reviewed changes for which staff is recommending that the Board set a public hearing date. Mrs. Humphrey requested staff to prepare information for each Board member regarding 1998 legislative items and the Board public hearing process for these items. She stated that this 98-438 6/24/98 information can be sent to County citizens to help them better understand the legislative process and what actions were taken by the 1998 General Assembly. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the staff recommendation, as amended, designated the Community Services Board as an administrative policy Board, consistent with the County Charter; and set dates for public hearings to consider the following 1998 Virginia General Assembly legislative items which require ordinance changes: ao COMMUNITY DEVELOPMENT (Changes Requiring Board Action) Amendment to the State Code which requires localities to amend local ordinances involving the placement, screening or height of antennas to accommodate amateur radio antennas. Amendment to the State Code which requires the zoning administrator to make a decision or determination on administrative zoning matters within ninety days of a request unless the requestor has agreed to a longer period. Amendment to the State Code which clarifies and redefines the roles of the community services boards (CSB's), the entities that oversee the delivery of publicly funded mental health, mental retardation and substance abuse services. B. COMS{UlqITY DEVELOPMENT (Changes Which May Require Board Action) Amendment to the State Code which allows localities to define ~'immedlate family" to include aunts, uncles, nieces and nephews for purposes of family subdivision provisions. Amendment to the State Code which authorizes a local governing body or its designee to appoint assistant fire marshals. C. FIN~CE AArD Ti%XATION (Changes Which May Require Board Action) 10. Amendment to the State Code which increases from $20 to $25 the amount a local government may collect from a person using a bad check to pay taxes or other sums due. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Micas then reviewed changes affecting the County for which no action is required. (It is noted that a copy of the 1998 Virginia General Assembly Legislation affecting the County is filed with the papers of this Board.) 98-439 6/24/98 7. DEF~ There were no Deferred Items at this time. 8. NEW BU I 8.A. APPOINTMENTS 8.A.1. COM/4ITTEE ON THE FUTURE On motion of Mr. Daniel, seconded by Mr. McHale, the Board deferred consideration of a member, representing the Dale Magisterial District, to serve on the Committee on the Future, until July 29, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. On motion of Mr. McHale, seconded by Mr. Barber, the Board suspended its rules at this time to allow simultaneous nomination/ appointment/reappolntment of members to serve on the Citizens Transportation Advisory Committee; Board of Building Code Appeals; Social Services Board; Youth Services Citizen Board; and the Community Criminal Justice Board. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.2. CITIZENS TP~ANSPORTATION ADVISORY COMMITTEE On motion of Mrs. Humpkrey, seconded by Mr. Barber, the Board deferred consideration of a member, representing the County at- large, to serve on the Citizens Transportation Advisory Committee until July 29, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.3. BOARD OF BUILDING CODE APPEALS On motion of Mr. Barber, seconded by Mr. Warren, the Board simultaneously nominated/reappointed the following members to serve on the Board of Building Code Appeals whose terms are as follows: N~me District Term Timothy Griger Robert Foster Stephen M. Applegate G. Warren Vaughan Robert Andrus Ayes: Humphrey, Warren, Nays: None. Clover Hill Matoaca Midlothian Midlothian Midlothlan 7/1/1998 to 6/30/2001 8/1/1998 to 7/30/2001 8/1/1998 to 7/30/2001 7/1/1998 to 6/30/2001 7/1/1998 to 6/30/2001 Barber, Daniel, and McHale. 98-440 6/24/98 8.A.4. SOCIAL SERVICES EOAED On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board deferred consideration of two members, representing the County at large, to serve on the Social Services Board until July 29, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.5. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Youth Services Citizen Board whose terms are effective July 1, 1998 and will expire as follows: N~me District Term Dwight Brown~ Jr. Matoaca June 30, 1999 Christie Graham Clover Hill June 30, 1999 Morgan Wilson Dale June 30, 1999 Keith Sutton Midlothian June 30, 1999 Wendy Uber Midlothlan June 30, 1999 Linde Burns Matoaca June 30, 2001 Phyllis Bass Bermuda June 30, 2001 Pamela Masters Clover Hill June 30, 2001 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. And, further, the Board deferred consideration of one youth member and one adult member representing Bermuda District; one youth member representing Dale District; one youth member representing Clover Hill District; one youth member in Matoaca District; and one adult member representing Midlothian District, to serve on the Youth Services Citizen Board until July 29, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.6. COM~3NITY CRIMINAL JUSTICE BOARD On motion of Mr. McHale, seconded by Mr. Barber, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Community Criminal Justice Board, whose terms are effective July 1, 1998 and will expire June 30, 2000: Judge Timothy J. Hauler Judge Thomas L. Murphey William W. Davenport James C. Minetree Garland Stafford Colonel Carl Baker Eileen Brown (Circuit Court Judge) (General District Court Judge) (Commonwealth's Attorney) (Education) (Citizen) (Citizen) (City Representative) 98 441 6/24/98 Steve Sheffield Wave B. Tench, III Rene Sands Nays: None. (Police Chief Colonial Heights) (Sheriff Colonial Heights) (Community Services Board) Barber, Daniel, and McHale. 8.B. STRBETLIGHT iNSTALLATION COST APPROVALS On motion of Mrs. Humphrey, seconded by Mr. McHale, the Hoard approved the following streetlight installation cost approvals: Matoaca District * Chital Drive and Deer Run Drive Cost to install light: $1,915.76 * Deer Run Drive and Deer Run lane Cost to install light: $3,484.65 And, further, the Board withdrew consideration of the following streetlight installation cost approval: * Deer Run Drive and the Entrance to the Deer Run Recreation Center It is noted that the following streetlight installation cost approvals were administratively approved: Clover Hill District Old Hundred Road, vicinity of Swift Creek Middle School Dale District Intersection of Deerfield Drive and Ironbridge Road Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C. COUNTY'S CASH PROFFER POLICY Mrs. Dickson stated that each year, staff recalculates the fiscal impact, per dwelling unit, for certain selected capital facilities. She further stated that based on the figures presented by staff, the Board of Supervisors establishes a maximum acceptable cash proffer, per lot, for the upcoming fiscal year. She reviewed the County's Cash Proffer Policy including annual net cost calculations. She stated that the calculated impact to the County in FY98 was $6,819 and that st the July, 1997 Board of Supervisors meeting, the Board established a two year phased-in increase and adopted that for FY99, the maximum acceptable amount would be $6,800. She further stated that last summer, for FY98, the maximum acceptable amount, based on the net cost of $6,819, was established at $6,000 per lot. She stated that staff, per the 98-442 6/24/98 adopted policy, had recalculated the cost of selected capital facilities and that the new maximum acceptable amount cannot exceed the newly calculated amount of $6,595 and that the $6,800 figure would have to be adjusted. She then reviewed cash proffer policy revisions which include changes to clarify and incorporate current legal requirements and administrative practices; revising the school portion of the policy regarding the expenditure of funds; revising the transportation portion of the policy to reflect the Board o~ Supervisors previously adopted policy on commercial rezoning and to provide more flexibility to address road impacts. She then reviewed the proposed three school proffer sheds and indicated that the new shed corresponds to grouped high schools James River, Midlothian, Monacan, Clover Hill, Manchester, and Matoaca, and Meadowbrook, L.C. Bird, and Thomas Dale. There was brief discussion relative to the outlining of the map which demonstrates County school proffer sheds. Mrs. Dickson stated that money collected from a development within a shed would be spent on school improvements within the shed or on improvements which provide relief to the shed. She further stated that staff recommends the Board approve the proposed cash proffer policy revisions. She stated that staff is recommending a maximum amount, not to exceed $6,000 per lot, for FY99. She noted that the Budget and Audit Committee recommended the maximum amount of $6,200 per lot for FY99. Mr. Barber inquired as to the philosophy of how staff reached their recommendation since it was the intention of the Board of Supervisors to phase in an increase over two years to reach the maximum amount of $6,800 per lot. When asked, Mrs. Dickson stated that the primary reason that staff recommended $6,000, is because the net cost figures change every year and for simplicity reasons. Mr. McHale indicated that he supports the sense of Mr. Barber's comments. He stated that the clear message from the Board last year was that it would move toward the maximum calculated cost because it reflects the philosophy of the Board in that development should pay its own way. He further stated that he feels it is fair to say that the Budget and Audit Committee did have some concerns that the trend had changed this year. He stated that the Budget and Audit Committee felt the figure should not be increased to its current maximum amount so that the County would not be in a situation of costs going up and down, like had happened this year. He further stated that the Committee felt that $6,200 was consistent with the County's policy of trying to recover costs over time and at the same time did not want to further complicate the system, which would have the County increasing and decreasing maximum amounts as the market fluctuates. Mr. McHale stated that the recommendation of the Budget and Audit Committee is that the Board move towards the maximum, but observe the marketplace to see if there is a downward trend. 98-443 6/24/98 When asked again, Mrs. Dickson stated that staff did not recommend the $6,200 amount because the net cost mumber has gone up and down over the past few years and to keep the FY99 maximum constant with the FY98 maximum. Mr. Barber stated that the Board established a policy to reach the maximum allowable number ($6,800) in a two-step process and that his expectation was that this policy and its corresponding recommendations would be presented to the Board at this time. Ne further stated that then, the Board, at its discretion, could decide if that number needed to be lower. Ne stated that he is curious ss to why the Board's original philosophy was not carried through. He further stated that he feels with what proffers are meant to be~ the Board should be minimizing what the impact of residential growth is on providing capital facilities and that the Board should be considering the two- phase step to $6,800 per lot. Mr. Daniel stated that the Budget and Audit Committee felt that there should be movement towards the maximum calculation. Mr. Warren concurred with the comments expressed by Mr. Daniel and stated that he feels the Board should be moving in the direction of reaching a level equal to what the costs are in an effort to balance cost of new development. Mrs. Dickson stated that staff is recommending that the Board increase previous cases by Marshal & Swift Building Cost Index by 2.2 percent. She briefly reviewed again the Cash Proffer Policy revisions. On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the County's Cash Proffer Policy, as amended, and set the maximum cash proffer amount for FY99 at $6,200 per lot. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. (It is noted that a copy of the Cash Proffers Policy is filed with the papers of this Board.) Mrs. Humphrey introduced MS. Bambi Davidson, Legislative Coordinator of the Homebuilders Association, and expressed appreciation to her for representing the Homebuilders Association and noted that Ms. Davidson will be leaving the Association. Ns. Davidson stated that she will be leaving the Homebuilders Association at the end of July, 1998, after almost twelve years, and will be accepting the position of Senior Vice President for Government and Public Affairs for the Greater Richmond Chamber of Commerce. Mrs. Humphrey, on behalf of the Board, wished Ms. Davidson well in her new endeavors. 98 444 6/24/98 8.D.1. ADOPTION OF RESOLUTION~ 8.D.l.a. RECOGNIZING MRS. A1TNCREWS, MANAGEMENT SERVICES. UPON HER ETIR HE On motion of Mr. McHale, seconded by Mr. Barber, the Eoard adopted the following resolution: WHEREAS, Mrs. Ann Crews has faithfully served Chesterfield County for twenty-four years in Data Processing, County Administration, and, most recently, Management Services; and WHEREAS, by providing quality public service and being an avid supporter of Total Quality Improvement, Mrs. Crews has symbolized the type of employee the County seeks; and WHEREAS, Mrs. Crews' special talents and skills in assisting everyone in getting the job done exemplifies a "can- do" attitude and she has demonstrated tremendous knowledge regarding Chesterfield County and its programs and the ability fo relate that to others; and WHEREAS, Mrs. Crews' desire to do the best job possible has been a primary factor that has permitted her to perform at a very high level while always striving for excellence and going beyond the call of duty; and WHEREAS, Mrs. Crews has been extremely effective in working with all groups including elected representatives, County Administration and staff, co-workers, and, most importantly, the citizens of Chesterfield County; and WHEREAS, Mrs. Crews is a sensitive, caring, and giving person who always has been thoughtful of others in times of distress or need and among the first to offer congratulations upon successes. NOW, TKEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Mrs. Ann Crews to Chesterfield County and expresses the appreciation of all residents for her service to the County and their best wishes upon her retirement. /LND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Crews and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 445 6/24/98 8.D.l.b. RECOGNIZING MS. LOIS MCCONNELL BENTON ON THE OCCASION OF HER 100TH BIRTHDAY On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Ms. Lois McConnell Benton was born on June 14, 1898 and grew up in Fort Blackmore, Virginia; and WHEREAS, MS. Benton became a high school teacher after graduating from high school; and WHEREAS, attending a teachers convention in Roanoke in 1922, MS. Benton met Mr. Bill Benton, and the two were married the same year; and WHEREAS, the newlyweds honeymooned in Richmond, Virginia; and WHEREAS, after raising three sons and living in Lynchburg and Middleburg, MS. Benton, since widowed, moved to Chesterfield County in 1993 to live with her son Bob and his wife, Sadie; and WHEREAS, Ms. Benton is one of Chesterfield County's most senior and most cherished residents. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors expresses its respect and best wishes to Ms. Lois McConnell Benton and wishes her continued health and happiness on the occasion of her 100th birthday. A~D, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Benton and that this resolution be permanently recorded among the papers of this Beard of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.2. AUTHORIZATION FOR COUNTY ADMINISTRl%TOH TO EXECUTE CF~NGE ORDER NLIMBER ONE TO J. E. LIESFELD CONTP~ACTOR, INCORPORATED FOR THE CLOVER HILL SPORTS COMPLEX PHASE II PROJECT ~ TRANSFER OF FUNDS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute Change Order Number One with J.E. Liesfeld Contractor, Incorporated, in the amount of $500,490, for the Clover Hill Sports Complex Phase II; transferred $460,000 from the Reserve for Future Capital Project to the Clover Hill Complex Capital Project Account; and transferred $100,000 from the Western Area Park Capital Project Account to the Clover Hill Complex Capital Project Account. (It is noted that this action will be effective with the FY99 Budget or after July 1, 1998.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-446 6/24/98 8.D.3. APPROVAL OF COMMUNITY ENF~ANCEMENT PROGRAM FUNDS FOR THE INSTALLATION OF A MESSAGE BOARD AT BENSLE¥ ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the utilization of $5,000 in Community Enhancement Program funds for the installation of a message board at Bensley Elementary School. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.4. AUTHORIZATION FOR COUI~TY ADMINISTP~ATOR TO ENTER INTO AN A~REEMENT WITH THE CENTP~AL VIRGINIA WASTE MANAGEMENT AUTHORITY FOR APPLIANCE ~ SCRAP METAT, HAULING AND RECYCLING On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a Special Project Service Agreement with the Virginia Central Virginia Waste Management Authority for appliance and scrap metal hauling and recycling services. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.5. APPROPRIATION OF ADDITIONAL COMPENSATION BOARD REVENUE AND AUTHORIZATION TO CREATE ONE NEW POSITION IN SHERIFF'S OFF!~ On motion of Mr. McBale, seconded by Mr. Barber, the Board appropriated $24,112 of Compensation Board revenue, with a corresponding increase in expenditures, and approved the creation of one new position in the Sheriff's Office. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.6. AUTHORIZATION FOR COUNTY ADMINISTP~ATOR TO EXECUT~ ~ COOPERATIVE MANAGEMENT AGREEMENT FOR THE DUTCH GAP C RVAT ON E On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a Memorandum of Understanding between the Chesterfield County and the Virginia Department of Game and Inland Fisheries for management of the Dutch gap Conservation Area, subject to approval as to form by the County Attorney. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-447 6/24/98 8.D.7. APPROPRIATION OF FUNDS FOR DESIGN OF IRON BRIDGE PARK - On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $20,000 from the Parks and Recreation Proffer Account to Ironbridge Park Phase IV (6NB) for the design/engineering of Iron Bridge Park Phase IV improvements. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. APPROVAL OF GRANT APPLICATION FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT FUAIDE FOR HOMELESS AI~ On motion of Mr. McHale, seconded by Mr. Barber, the Board approved U.S. Department of Housing and Urban Development Homeless Assistance funding and 1998 Continuum of Care Grant which is applied for and administered by Richmond United Way Services on behalf of Chesterfield, Henrico, and the City of Richmond. (It is noted that there is no County funding associated with this United Way Services Grant.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.9. APPROPRIATION OF COMMZ~qITY DEVELOPMENT BLOCK GP-~NT AND HONE PROGRAM INCONE FOR FY99 On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $56,000 in Community Development Block Grant program income and $20,000 in HOME program income for a total increase in appropriations of $76,000 for FY99. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.10. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE A POLICE MUTUAL AID JOINT AVIATION AGHEEMENT BETWEEN CHESTERFIELD ~ HENRICO COUNTIES ~ THE CITY OF RICHMOND On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute the Police Mutual Aid Joint Aviation Agreement, on behalf of Chesterfield County, between Chesterfield and Henrico Counties and the City of Richmond. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 448 6/24/98 8.D.11. APPROVAL AND APPROPRIATION OF STATE AIRPQ~? MAINTENANCE GRANT FUND~ 8.D.11.a. FOR DESIGN OF A WASHRACK AT THE COUNTY AIRPOPT On motion of Mr. McBale, seconded by Mr. Barber, the Board authorized the County Administrator to accept a State Airport Maintenance Grant and appropriated grant funds, in the amount of $22,128, for design of a washrack (CS0007-23) at the Chesterfield County Airport. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.11.b. FOR PAVEMENT CRACKFILLINO AT THE COUNTY AIRPORT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to accept a State Airport Maintenance Grant and appropriate grant funds, in the amount of $36,000, for pavement crackfilling (MT0007-23) at the Chesterfield County Airport. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.12. AUTHORIZATION FOR POLICE DEPARTMENT TO APPLY FOR A ONE YEAR FEDERAL GRA/qT TO FUND THREE PART-TINE CHIT,D SAFETY OFFICERS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Police Department to apply for a one year Office of the Governor Safe and Drug Free Schools Grant, in the amount of $43,299 and an in kind County match of $14,500 to fund three part-time Child Safety Officers for one year, and appropriated the necessary funds, if approved. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.13. APPROVAL OF LEASE OF PROPERTY FOR OFFICE SPACE ON HP~AUSE ROAD FOR COMMUNITY CORRECTIONS SERVICES On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a lease with Krause Road Properties LLC, for office space located at 10111 Krause Road for Community Corrections Services, effective July 1, 1998 for a period of thirty-six months for a total of $111,663.72 including $2,197.70 security deposit beginning July 1, 1998 with the option to extend the lease an additional twenty four months for a total of $80,137.32 and authorized the County Administrator to execute the necessary lease agreement, subject to approval as to form by the County Attorney. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 449 6/24/98 8.D.14. DESIGNATION OF PROJECTS FOR THE SUPPLEMENTAL FY98 ~TERFIELD ROAD FUND AND TRA/~SFER OF FUNDS On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $25,000 from the General Road Improvements Account (available after July 1, 1998) for the FY98 Supplemental Chesterfield Road Fund; approved the updated Chesterfield Road Fund Project Development Schedule; and adopted the following resolution: WHEREAS, Section 33.1-75.1 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to 25 percent or $500,000, whichever is greater, of funds received by it during the current fiscal year pursuant to the ~State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; and WHEREAS, the Virginia Department of Transportation (VDOT) has notified the County that $25,000 is the maximum amount of Chesterfield County funds that will be matched by the State as a supplemental FY97-98 allocation. NOW, THEREFORE BE IT RBSOLVED, that the Chesterfield County Board of Supervisors transfers $25,000 from the General Road Improvements Account for the FY97 98 Supplemental Allocation Program and requests VDOT to provide an equivalent match. AND, BE IT FURTHER RE$OLVED, tkat the FY97-98 supplemental funds be allocated for the following project: $50,000 Nash Road From Morrisett Road to Woodpecker Road ($25,000 VDOT, $25,000 County) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.15, APPROPRIATION OF FUNDS FOR THE FAMILIES FIRST PROGP, AM AND CREATION OF ONE POSITION On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $55,500 in State funding and created a Family Support Worker position (Grade 12 Social Worker Aide) for the Families First Program. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. ~s-450 ~/z4/98 8.D.18. ACCEPTANCE OF PARCELS OF LA/~D 8.D.18.a. ADJOINING THE WEST RIGHT-OF-WAY LINE OF W~?,T.~ STREET FROM THE BANK OF MCKENNEY On motion of Mr. McHale, seconded by Mr. Barber, the Hoard accepted the conveyance of a parcel of land containing 0.119 acres adjoining the west right-of-way line of Wells Street (State Route 1302) from Bank of McKenney, a Virginia Corporation, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with tke papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.18.b. ADJOINING THE EAST RIGHT-OF-WAY LINE OF RIVER ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF REEDY BRANCK ROAD FROM GATEWAY HOMES OF GREATER RICHMOND, On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 2.558 acres adjoining the east right of-way llne of River Road (State Route 602) and the south right-of-way line of Reedy Branch Road (State Route 635) from Gateway Homes of Greater Richmond, Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.18.c. ADJOINING THE WEST RIGHT-OF-WAY OF JEFFERSON DAVIS HIGHWAY ~ THE NORTH RIGHT-OF-WAY LINE OF ALCOTT ROAD FROM AFFORDABLE RESIDENCES IN CHESTERFIELD, On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of parcels of land containing 0.0640 acres adjoining the west right-of-way of Jefferson Davis Highway, State Route 1 and 301, and 0.108 acres adjoining the north right-of-way line of Alcott Road (State Route 1613) from Affordable Residences in Chesterfield, II and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-451 6/24/98 8.D.18.d. FOR RELOCATED COMMONWEALTH CENTRE PARKWAY FROM WACHOVIA BlkN-K. N.A.. TRUSTEE On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land from Wachovia Bank, N.A., Trustee for relocated Commonwealth Centre Parkway and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.19. REOUESTS FOR PERMISSION 8.D.19.a. KAREN P. LAWSON TO INSTALL A WATER SERVICE FOR A NEW RESIDENCE ON WHITEHOUSE ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Karen P. Lawson to extend a private water service within a five foot private easement to serve a new residence at 3810 Whitehouse Road, subject to the execution and recordation of an agreement acceptable to the County Attorney. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.19.b. VIRGINIA T. CONDREY FOR A TWENTY FOOT GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY FOOT UNIMPROVED RIGHT-OF-WAY On motion of Mr. HcHale, seconded by Mr. Barber, the Board approved a request from Virginia T. Condrey to have a twenty foot gravel driveway encroach within a fifty foot unimproved right of way, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.19.c. LINDA O. ORAl, GE FOR AN EXISTING FENCE TO ENCROACH WITHIN AN EXISTING TWENTY FOOT SEWER AiqD DRAINAGE EAS~T ACROSS LOT 28, HEATHERIDGE, SECTION 3 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Linda O. Orange to have an existing fence encroach within an existing twenty foot sewer and drainage easement across Lot 28, Heatheridge, Section, subject to the execution of a license agreement. {It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 452 6/24/98 8.D.19.d. WACHOVIA BA~-K. N.A.. TRUSTEE TO DEMOLISH AND RECONSTRUCT PORTIONS OF COMMONWEALTH CENTRE PARKWAY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Wachovia Bank, N.A., Trustee to demolish and reconstruct portions of Commonwealth Centre Parkway, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.19.e. RICHARD E. AND PHYLLIS M. SLOAN TO INSTALL A PRIVATE SEWER SERVICE FOR A RESIDENCE ON OVERRIDGE DRIVE On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Richard E. And Phyllis M. Sloan to extend a private sewer service within a ten foot private easement across property at 4503 Extort Lane to serve their residence at 4400 Overridge Drive. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.19.f. NEW DELIVERANCE EVANGELISTIC CHURCH FOR EXISTIN~ CONCRETE CURB A/FD GUTTER TO ENCROACH WITHIN A SIXTEEN FOOT WATER EASEMENT ~ A VARIABLE WIDTH WATER EASEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from New Deliverance Evangelistic Church to have existing concrete curb and gutter encroach within a sixteen foot water easement and a variable width water easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.19.=. NYSTROM FAMILY TO CONSTRUCT A CONCRETE SIDEWALK WITHIN A PROPOSED SIXTEEN FOOT WATER EASEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Nystrom Family, L.L.C., to construct a concrete sidewalk within a proposed sixteen foot water easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-453 6/24/98 8.D.20. APPROVAL TO PUIRCHASE RIGHT-OF-WAY FOR ACCESS TO MATOACA HIGH SCHOOL SITE FROM JOHN E. SETTLE, JR. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the purchase of a right-of-way for access to the new Matoaca High School site from John E. Settle, Jr. and authorized the County Administrator to execute the sales contract and deed. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.21. SBT DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE TRANSIENT OCCUPANCY TAX ORDINANCE On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of July 29, 1998 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Section 9-152 relating to transient occupancy tax. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. APPROVAL OF CONTRACT ~ SET DATE FOR PUBLIC HEARING TQ CQNSIDER THE EXCHANGE OF LAND FOR THE NEW BENSLEY FIRE STATION On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of July 29, 1998 at 7:00 p.m. for a public hearing to consider the exchange of land for the new Bensley Fire Station Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.23. AWARD OF CONSTRUCTION CONTRACT TO T & E CONSTRUCTION COMPANY, INCORPOP~ATED FOR THE JEFFERSON DAVIS HIGHWAY - STATION ROAD TO MARINA DRIVE WATER LINE REPLACEMENT PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a contract with T & E Construction Company, Incorporated, in the amount of $112,363.00, for the Jefferson David Highway - Station Road to Marina Drive Water Line Replacement Project and author±zed the County Administrator to execute the necessary documents. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-454 6/24/98 8,D.24. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE A LEASE AGREEMENT WITH BEEC}{WOOD, INCORPOP. ATED FOE A POLICE COMMUNITY PATROL OFFICE IN ~EADOWBROOK PLAZA On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a lease agreement with Beechwood, Incorporated for a police community patrol office in Meadowbrook Plaza, in a form approved by the County Attorney. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. $,D.25. APPROVAL OF UTILITY CONTRACT FOR CHESTER VILLAGE GREEN UTILITY AND ROAD DESIGN, PHASE I PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a Utility Contract for Chester Village Green Utility and Road Design, Phase I Contract Number 97r0001, which provide includes the extension of 944 L.P.± of sixteen foot oversized water lines: Developer: Contractor: Contract Amount: Estimated Total - Total Estimated County Cost: Water {Oversizing) {Refund thru connections) Estimated Developer Cost: Code: (Oversizing) District: Bermuda Chester Development Associates, L.C. Castle Equipment Corporation $213,920.30 $ 15,060.00 $198,860.30 5B-572VO-E4C Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.26. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Beverly Acres, Amended, Section 3, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Beverly Acres, Amended, Section 3~ Matoaca District, meets the requirements established by the Subdivision Street Reculremen~ of the Virginia Department of Transportation, and Whereas, the County and tke Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the road in Beverly Acres, Amended, Section 3, Matoaca District, be and it hereby is established as a public road. 9S-455 And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1 229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Vernetta Lane Length: 0.04 mile From: Existing Vernetta Lane, State Route 1345, 0.03 mile north of Edwin Lane, State Route 1347 To: End of cul-de-sac, 0.07 mile north of Edwin Lane, State Route 1347 Guaranteed Right of Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 3 lots. This section of Beverly Acres, Amended, is recorded as follows: Section 3, Plat Book 76, Page 21, July 26, 1991. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Bon Air Hills R/S, Lots 1, 2, and 3, BLK D, Lots 22, 23, and 24, BLK C, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Bon Air Hills R/S, Lots 1, 2, and 3, BLK D, Lots 22, 23, and 24, BLK C, Midlothian District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the road in Bon Air Hills R/S, Lots 1, 2, and 3, BLK D, Lots 22, 23, and 24, BLK C, Midlothian District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1 229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: 98 456 6/24/98 Name of Street: Bayfield Drive Length: 0.03 mile From: Existing Bayfield Drive, State Route 2142, at intersection with Shasta Road, State Route 2141 To: End of cul-de-sac, 0.03 mile east of existing Bayfield Drive, State Route 2142 Guaranteed Right-of Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 6 lots. This section of Bon Air Hills R/S Lots 1, 2, and 3, BLK D, Lots 22, 23, and 24, BLK C, is recorded as follows: Plat Book 47, Page 87, November 15, 1984. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Michaux Creek, Section E, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Michaux Creek, Section E, Midlothian District, meet the requirements established by the Subdivision Street Recuirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Michaux Creek, Section E, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Michaux Crossing Lane Length: 0.14 mile From: Cul-de-sac, 0.14 mile southeast of Michaux Bluff Drive, State Route 976 To: Michaux Bluff Drive, State Route 976, 0.05 mile east of North Otterdale Road, State Houte 970 Guaranteed Right-of Way Width: 50 feet. 98-457 6/24/98 Name of Street: Michaux Wood Way Length: 0.14 mile From: Michaux Crossing Lane, 0.10 mile southeast of Michaux Bluff Drive, State Route 976 To: Cul-de-sac, 0.14 mile east of Michaux Crossing Lane Guaranteed Right-of-Way Width: 40 feet. Name of Street: Michaux Run Court Length: 0.10 mile From: Cul-de-sac, 0.10 mile south of Michaux Wood Way To: Michaux Wood Way, 0.08 mile east of Michaux Crossing Lane Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 39 lots. This section of Michaux Creek is recorded as follows: Section E, Plat Book 90, Page 73, May 28, 1996. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Roxshire, Section 13, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Roxshire, Section 13, Midlothian District, meets the requirements established by the Subdivision Street Recuirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McNale, seconded by Mr. Barber, it is resolved that the road in Roxshire, Section 13, Midlothian District, be and it hereby is established as a public road. A~nd be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Corner Rock Road Length: 0.12 mile From: Cul-de-sac, 0.25 mile south of Thornleigh Road, State Route 3139 98-458 6/24/98 To: Existing Corner Rock Road, State Route 728, south of Thornleigh Road, State Route 3139 Guaranteed Right-of-Way Width: 50 feet. 0.13 mile This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 12 lots. This section of Roxshire is recorded as follows: Section 13, Plat Book 89, Page 55, December 18, 1995. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.27. APPROPRIATION OF FUNDS FOR THE REPAIRS TO THE GATE AND INT~KE STRUCTURE AT THE SWIFT CREEK RESERVOIR On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $450,000 from Utilities Fund Balance for the repair of the existing 72 inch sluice gate and related modifications to the intake structure at the Swift Creek Reservoir Dam. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.28. AMENDMENT TO BOARD MINUTES OF SEPTRMRRR 14, 1994 On motion of Mr. McHale, seconded by Mr. Barber, the Board amended the Board minutes of September 14, 1994 as follows: FROM: "On motion of Mr. Barber, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation has made changes in the secondary system of state highways in conjunction with Project 0288-020-103,C501, and, as a result, is requesting the Board of Supervisors to abandon portions of roads no longer serving a public need and to approve the addition of new roads approved by the Commonwealth Transportation Commissioner. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors does hereby abandon, as a part of the secondary system of state highways, a portion of Newbys Bridge Road (Route 651) and Claypoint Road (Route 651} as shown on a sketch by the Virginia Department of Transportation, which sketch is incorporated herein by reference, pursuant to Section 33.1-155, Code of Vircinla, as amended. 98-459 6/24/98 ~ND, BE IT FURTHER RESOLVED, the Board of Supervisors does hereby approve the addition of a portion of relocated Newbys Bridge Road, Courthouse Road, Belmont Road, Claypoint Road, Cedar Springs Road, and service roads to the secondary system of state highways identified on the above referenced sketch, pursuant to Section 33.1-299, Code of Vircinia, as amended. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commonwealth Transportation Commissioner certify, in writing, that the portion of Newbys Bridge Road {Route 651) and Claypoint Road (Route 651) hereby abandoned are no longer deemed necessary for uses of the secondary system of state highways pursuant to Section 33.1-154 of the Code of Vircinia. TO: '~0n motion of Mr. Barber,, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation has made changes in the secondary system of state highways in conjunction with Project 0288-020-103,C501, and, as a result, is requesting the Board of Supervisors to abandon portions of roads no longer serving a public need and to approve the addition of new roads approved by the Commonwealth Transportation Commissioner. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby abandon, as a part of the secondary system of state highways, a portion of Newbys Bridge Road (Route 651) and Claypoint Road (Route 651) as shown on a sketch by the Virginia Department of Transportation, which sketch is incorporated herein by reference, pursuant to Section 33.1-155, Code of viruinia, as amended. AND, BE IT FURTHER RESOLVED, the Board of Supervisors does hereby approve the addition of a portion of relocated Newbys Bridge Road, Courthouse Road, Belmont Road, Claypoint Road, Cedar Springs Road, and service roads to the secondary system of state highways identified on the above referenced sketch, pursuant to Section 33.1-229, Code of Vircinia, as amended.. ANID BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. }~ND BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commonwealth Transportation Commissioner certify, in writing, that the portion of Newbys 98 460 6/24/98 Bridge Road {Route 651) and Claypoint Road (Route 651) hereby abandoned are no longer deemed necessary for uses of the secondary system of state highways pursuant to Section 33.1 154 of the Code of Virqinia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.29. APPROVAL OF YEAR END REVIEW FOR SCHOOL OPERATING FUND On motion of Mr. McHale, seconded by Mr. Barber, the Board approved $487,700 (pending audit results) of school operating funds to be reserved, carried forward, and reappropriated into FY99. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.30. AWARD OF CONTRACT TO POSSIE B. CRENAULT, INCORPOP~ATED FOR DRAINAGE IMPROVEME~T~ IN THE FALLING CREEK SUBDIVISION On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a contract with Possie B. Chenault, Incorporated, in an amount not to exceed $131,200, for the construction of storm-drainage improvements in the Falling Creek Subdivision. (It is noted that this project is an FY99 approved Community Development Block Grant project.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. CONVEYANCE OF EASemeNT TO BELL-ATLAnTIC, INCORPOP~ATED TO RELOCATE TELEPHONE CABLES FOR THE CHARTER COLOIqY PARKWAY WIDENING PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated to relocate telephone cables for the Charter Colony Parkway Widening Project. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 6/24/98 8.D.32. TRANSFER OF THREE CENT ROAD FLrND~ 8.D.32.a. MIDLOTHIA~ DISTRICT TO PURCHASE A DRAINAGE PIPE FOR WOODMONT. SECTION A SUBDIVISION On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $2,200 from the Midlothian District Three Cent Road Fund to Environmental Engineering to purchase 240 feet of 18 inch reinforced Class III pipe for Woodmont Subdivision, Section A. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.D.32.b. BEHMUDA DISTRICT TO THE INDUSTRIAL DEVELOPME~ AUTHORITY FOR THE FRIENDS OF THE CHESTERFIELD'S RIVERFRONT On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $875 from the Bermuda District three Cent Road Fund to the Industrial Development Authority to be disbursed to the Friends of Chesterfield's Riverfront, Incorporated. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH BRANDERMILL PARKWAY EXTENSION - (Effective 5/19/98) Route 1921 (Brandermill Parkway) - From Route 652 to 0.32 mile Northwest Route 652 0.32 Mi PuXRBOUR GREEN. SECTION I - (Effective 5/26/98) Route 4774 (Harbourside Court) - From Route 4772 to 0.05 mile East Route 4772 0.05 Mi 98-462 6/24/98 Route 4772 (Harbourside Drive) From Route 4706 to Route 2083 0.31 Mi Route 4775 (Port Side Drive) - From 0.07 mile West Route 4773 to 0~07 mile East Route 4772 0.20 Mi Route 4773 (Ships Watch Lane) - From 4775 to Route 4772 0.12 Mi HARBOUR GREEN. SECTION 2 Route 4775 (Port Side Drive) - From 0.09 mile West Route 4773 to 0.07 mile West Route 4773 0.02 Mi Ayes: Kumphrey, Warren, Barber, Daniel, and McHale. Nays: None. 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Courthouse Courtyard for dinner. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 12, INVOCATION Reverend Ann Tang, Pastor of Sherbourne United Methodist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF TRE UNITED STATES OF AMERICA Members of the Manchester ROTC led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITION~ 14.A. RECOGNIZING MISS CRRISTINE RING ~ MR. MICWaR?, NELSON FOR TREIR OUTSTA~DING ACADEMIC ACRIEVEMENT~ Mr. Golden introduced Miss Christine Ring and Mr. Michael Nelson who were present to receive the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, SAT's are taken by more than two million students throughout the United States and around the world; and WHEREAS, SAT scores are a measure of academic readiness to pursue higher learning; and WHEREAS, only 453 of 2,050,000 students obtained the maximum score in 1997; and 98 463 6/24/98 WHEREAS, Miss Christine Ring and Mr. Michael Nelson attend the Math and Science High School at Clover Hill; and WHEREAS, Miss Ring received maxima lum laude on her National Latin Exam and placed on all State Latin Convention tests. WHEREAS, Mr. Nelson is a National Merit Scholar and received a Mathematics and Science Award from the Air Force Recruiting Service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Miss Christine Ring and Mr. Michael Nelson for their academic achievements and wishes them mush success in their future endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Miss Ring and Mr. Nelson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Mrs. Humphrey presented the executed resolutions to Miss Ring and Mr. Nelson, commended them on their outstanding academic achievements, and wished them well in their future endeavors. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 14.B. RECOGNIZING MS. LILA MAE POARCH TAYLOR ON THE OCCASION OF HER 100TH BIRTHDAY Mr. Kappel introduced Dr. Marguerite Turner, Ms. Taylor's daughter, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Lila Mae Poarch Taylor was born on May 20, 1898 -- the eldest of eight children; and WHEREAS, Ms. Taylor married World War I veteran, John Wesley Taylor on December 24, 1919; and WHEREAS, the Taylor's resided ~n the Richmond area for many years until John's death in 1965; and WHEREAS, MS. Taylor has two daughters, five grandchildren, thirteen great grandchildren, and seven great- great grandchildren; and WHEREAS, Ms. Taylor moved to Belmont Road in Chesterfield County reside with her daughter, Marguerite, in 1975; and WHEREAS, Ms. Taylor is one of Chesterfield County's most senior and most cherished residents. 98 464 6/24/98 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its respect and best wishes to Ms. Lila Mae Poarch Taylor and wishes her continued health and happiness. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to MS. Taylor and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Ms. Turner, accompanied by her son Hobert, acknowledged Ms. Taylor as one of the County's most senior residents and wished her future health and happiness. Ms. Turner and ker son expressed appreciation, on behalf of her mother, for the recognition. 14.C. RECOGNIZING THE L. C. BIRD SKYHAWK BAND ON THEIR 20TH AI~NIVERSARY Mr. Golden introduced Mr. Earl Shaffer, Director, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, participation in high school bands has long been an integral part of Chesterfield County's educational, physical, and emotional development for students; and WHEREAS, the Lloyd C. Bird Skyhawk Band has celebrated its 20th year anniversary; and WHEREAS, under the guidance and direction of Earl Shaffer, Daryl Kinney, Aubrey Rohr, and Kristen Holland, the legacy has continued in providing excellent instruction and direction that has long been a tradition at Lloyd C. Bird High School; and W~EREAS, the Skyhawk Band is a source of pride for Chesterfield County and the Bird community; and WHEREAS, the Skyhawk Band is a four-time Commonwealth of Virginia Honor Band -- one of only thirty State-wide which has received a ~superior" rating at both the Virginia Band and Orchestra Director's Association Marching Band and Concert Band Festivals in the same school year; and WHEREAS, for the past nine consecutive years the Skyhawk Band has received straight "superior" ratings at the Virginia Band and Orchestra Director's Association Concert Festival, and, for the past three years, two bands representing the Skyhawk Band program performed at the Festival and both the Wind Symphony and the Symphonic Band received "superior" ratings; and 98-465 6/24/98 WHEREAS, the ~Band with the Sound" is the biggest in this area and has received a "superior~ rating at the Virginia Band and Orchestra Director's Association Marching Band Festival, four of the past five school years. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and commends the Lloyd C. Bird Skyhawk Band for their outstanding accomplishments and, on behalf of the citizens of Chesterfield County, expresses their best wishes for continued success. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Shaffer, expressed appreciation for his dedicated service to the Skyhawk Band, and commended them on their outstanding accomplishments. Mr. Shaffer expressed appreciation for the recognition and stated that he is proud of the Skyhawk Band students for their efforts and achievements. 14.D. RECOGNIZING MR. KENNETH F. HARDT FOR HIS SERVICE ON THE COMMITTEE ON THE FUTURE Mr. Stegmaier introduced Mr. Kenneth F. Hardt who was present at the meeting. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors and the County Charter for the purpose of assessing the future and long-range challenges which the County will face, advising the Board and making recommendations to lessen any adverse effect on the County of future changes; and WHEREAS, Mr. Kenneth Hardt was appointed as a member of the Committee in 1992 and has served the citizens of the Dale District with distinction; and WHEREAS, Mr. Hardt has served as Chairman of the Committee on the Future from March 1994 through September 1996 and as Vice Chairman from September 1996 through June 1998; and WHEREAS, the Committee wrote the County's .,Economic Development" strategic plan which made specific recommendations in the areas of strengthening the County's workforce, planning for growth and development, and preparing for the residents' needs and their impact on economic development; and W~EREAS, the Committee created the ,,Neighborhood Preservation" report which developed strategies to strengthen County communities by offering recommendations related to community organizations; neighborhood schools; community safety; crime prevention; and the maintenance, rehabilitation, and design of public and private facilities; and 98 466 6/24/98 WHEREAS, Mr. Hardt served as the Chairman of the Committee during the development of the "Neighborhood Preservation" report; and WHEREAS~ the Committee is currently pursuing the development of its youth report which will create recommendations to maximize the opportunity for Chesterfield County youth to become engaged contributors within their communities through community, church, and private organizations; volunteerism; and school involvement; and; WHEREAS, Mr. Hardt served as the Committee Vice Chairman during the creation of the youth report and has dedicated countless hours dedicated to the Committee during the past five years. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and commends Mr. Kenneth Hardt for his dedication and outstanding service to the Committee and to the citizens of Chesterfield County. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Hardt and expressed appreciation for his dedicated service to the Committee on the Future. Mr. Hardt expressed appreciation for the recognition and for the Board's support of the Committee on the Future. He stated that he will miss his service on the Committee. Mrs. Humphrey stated that Mr. Hardt provided an environment for everyone to learn and provided the best of leadership. She further stated that the Committee on the Future has provided many contributions to the County. She stated that tke County will miss Mr. Hardt's service and leadership. 14.E. RECOGNIZING MR. JAY ENDICOTT FOR HIS SERVICE TO E T FIEL 0 Mr. Kappel introduced Mr. Jay Endicott who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Jay Endicott joined COMCAST Cablevision, Incorporated in August 1995 and began working as a part-time Production Assistant in the Production Department; and WHEREAS, Mr. Endicott was promoted to Production Administrator in April 1996 and served in that capacity until leaving COMCAST in April 1998; and WHEREAS, during his tenure as Production Administrator, Mr. Endicott was the primary point of contact for Chesterfield County staff and elected officials working with COMCAST on County television programming; and 98-467 6/24/98 WHEREAS, Mr. Endicott supervised and coordinated scheduling, staffing, directing, and producing more than 250 television programs about Chesterfield County; and WHEREAS, Mr. Endicott's expertise and assistance helped to bring informative programming to Chesterfield County residents. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and expresses its appreciation to Mr. Jay Endicott and wishes him well in his future endeavors. ~LND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Endicott and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Barber presented the executed resolution to Mr. Endicott, expressed appreciation to him for tke services provided Chesterfield County, and wished klm well, on behalf of the Board, in his future endeavors. Mr. Endicott expressed appreciation for the recognition and stated that it has been a pleasure working with Chesterfield County. He expressed appreciation to Mr. Kirby Brooks, General Manager for Comcast, for allowing him the opportunity to excel. 14.F. RECOGNIZING BOY SCOUTS UPON ATTAINING P~%A~K OF EAGLE SCOUTS 14.F.1. MR. CHRISTOPHER F. BROOKS. TROOP 835 On motion of the Board, the following resolution was adopted: WKEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Christopher F. Brooks, Troop 835, sponsored by Hopewell United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Christopher is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Christopher F. Brooks and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Brooks, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Brooks expressed appreciation for the recognition and briefly described his scout project. 14.F.2. MR. ALLkN C. BUCCOLA. TROOP 877 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of ~erica was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Allan C. Buccola, Troop 877, sponsored by Chester Presbyterian Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Allan is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Allan C. Buccola and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and HcHale. 98-469 6/24/98 Mrs. Humphrey presented the executed resolution and patch to Mr. Buccola, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Brooks expressed appreciation for the recognition and briefly described his scout project. 14.F.3. ~IR. STA/~LE¥ ~L%~ER, TROOP 894 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHERE~S, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Stanley Hammer, Troop 894, sponsored by Saint David's Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Stanley is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Stanley Hammer and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Hammer, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Hammer expressed appreciation for the recognition and briefly described his scout project. 98 ¢70 6/24/98 14.F.4. MR. MICHAEL LAWRENCE KEEFE, TROOP 806 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. william D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and W~EREAS, Mr. Michael L. Keefe, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Michael is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Michael L. Keefe and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Keefe, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Keefe expressed appreciation for the recognition and briefly described his scout project. 14.F.5. MR. GEORGE E. WHITAKBR, JR., TROOB 459 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of A]nerica was founded to promote citizenship training, personal development, and fitness of individuals; and 98-471 8/24/98 WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. George E. Whitaker, Jr., Troop 459, sponsored by Mount Olive Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, George is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. George E. Whitaker, Jr. and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Whitaker, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Whitaker expressed appreciation for the recognition briefly described his scout project. 15. REOUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICA~T ACCEPTS THE RECOMMENDATION ~ THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 98SN0205 In Bermuda Magisterial District, ROAD RUNNER ENTERPRISES (C~_RL D. ADENAUER) requested rezoning and amendment of zoning district map from Agricultural (A) and Community Business (C-3) to Light Industrial (I-l) . The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 7.5 acres fronting approximately 270 feet on the east line of Jefferson Davis Highway, also fronting approximately 280 feet on Route 1-95 and located approximately 650 feet south of Forest Lake Road. GPIN 801-647-0171 (Sheet 41). 98-472 6/24/98 Mr. Jacobson presented a summary of Case 98SN0205 and stated that the Planning Commission and staff recommends approval subject to conditions and acceptance of the proffered conditions. He noted the request conforms to the Southern and Western Area Plan. Mr. Carl D. Adenauer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McMale, seconded by Mr. Warren, the Board approved Case 98SN0205 subject to the following conditions: A minimum fifty (50) foot buffer shall be maintained along the southern property boundary. This buffer shall comply with the requirements of the Development Standards Manual for fifty (50) foot buffers, Sections 19-520 through 19 522. (P) A minimum seventy-five (75) foot buffer shall be provided along the eastern property boundary adjacent to the Route 1-95 right of way~ This buffer shall comply with Sections 19 518 (d) and 19-521 (h) of the Zoning Ordinance. This buffer may be reduced or modified at the time of site plan review if it is determined that existing or proposed vegetation within the buffer will provide an acceptable stand of high story trees. (P) A~d, further, the Board accepted the following proffered conditions: Timbering Restriction. With the exception of timbering to remove dead or diseased trees which have been approved by the Virginia State Department of Forestry, there shall be no timbering until a Land Disturbance Permit has been obtained from the Environmental Engineering Department. Route 1/301 Dedication. Prior to site plan approval, sixty (60) feet of right of way on the east side of Route 1/301 measured from the centerline of Route 1/301 immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. No direct access from the property to Route 1/301 shall be provided, unless information is submitted to and approved by the Transportation Department verifying that adequate sight distance is available along Route 1/301. If adequate sight distance is available as determined by the Transportation Department, direct access from the property to Route 1/301 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. 98 473 6/24/98 To provide an adequate roadway system, if direct access from the property to Route 1/301 is approved by the Transportation Department, the developer shall be responsible for the following: Construction of additional pavement along Route 1/301 at the approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards; and Dedication to Chesterfield County, free and unrestricted, any additional right of way {or easements) required for the road improvement identified above. Prior to any site plan approval, a phasing for the required road improvements, as identified in Proffered Condition 3, shall be submitted to and approve by the Transportation Department. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16. PD-BLIC HEARINGS 16.A. TO CONSIDER~/~ ORDIN~CE TO VACATE A SIXTEEN FOOT SE~NER EASEMEN=f ~ ]TWO TEN FOOT TEMPORA_RY CONSTRUCTION EASEME~S ACROSS LOT 14. GATES BLUFF SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a sixteen foot sewer easement and two ten foot temporary construction easements across Lot 14, Gates Bluff Subdivision. No one came forward to speak in favor of or against this ordinance: On motion of Mrs. Humphrey, seconded by Mr. Mc~ale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, (,,GRANTOR") vacates to LAVEE~ PROPERTIES/R LIMITED PARTNERSHIP, a Virginia limited partnership, (,'GRkNTEE"), a 16' sewer easement and two 10' temporary construction easements across Lot 14, Gates Bluff Subdivision, MATOACA Magisterial District, Ckesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 71, at Pages 20 - 24. 98-474 6/24/98 WHEREAS; LAVEER PROPERTIES/R LIMITED PARTNERSHIP, a Virginia limited partnership, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 16' sewer easement and two 10' temporary construction easements across Lot 1~, Gates Bluff Subdivision, ~ATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 71, Pages 20 - 24, by J. K. TIMMONS & ASSOCIATES, P.C., dated MARCH 22, 1990, and recorded MAY 17, 1990. The easements petitioned to be vacated are more fully described as follows: A 16' sewer easement and two 10' temporary construction easements, across Lot 14, Gates Bluff Subdivision, the location of which are more fully shown on a plat made by TIMMONS, dated MAY 12, 199~, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Co f Vi ini , 1950, as amended, by advertising; WHEREAS, no public necessity exists for the continuance of the easements sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Vircinia, 1950, as amended, the aforesaid easements be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2 2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2 2276 of the f V' ini , 1950, as amended. The effect of this Ordinance pursuant to Section 15.2 2274 is to destroy the force amd effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the easements hereby vacated in the property owner of Lot 14, within Gates Bluff Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRDJNTOR, and LAVEER PROPERTIES/R LIMITED PARTNERSHIP, or their successors in title, as GRANTEE. Ayes: Hu~nphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-475 6/24/98 16.B. TO CONSIDER A~ ORDINANCE TO VACATE A PORTION OF A TWENTY FOOT ALLEY AND A PORTION OF LARKSPUR ROAD WITHIN BON AIR SUBDIVISION Mr. stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a twenty foot alley and a portion of Larkspur Road within Bon Air Subdivision. No one came forward to speak in favor of or against this ordinance. On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the CO%TNTY OF CHESTERFIELD, VIRGINIA, (,,GRAZqTOR") vacates to FINER HOMES, INC., a Virginia corporation, JANE P. MCLEAN aka JANE B. MCLEAi~ and WILLIAM MCLEAN, (wife and husband), DONALD N. SNEAD and HEIRS OF WILLI~ HENRY SNEED, ("GRANTEE"), a portion of a 20' alley and a portion of B Street (now Larkspur Road) within Bon Air Subdivision, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 3, at Page 51. WHEREAS, FINER HONES, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 20' alley and a portion of B Street (now Larkspur Road) Bon Air Subdivision, MIDLOTRIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 3, Page 51, by BERKLEY & SCHMIDT, dated JANUARY 1912, and also shown on plat recorded in Plat Book 3, Page 65 by BERKLEY & SCHMIDT. The alley and street petitioned to be vacated are more fully described as follows: A portion of a 20' alley and a portion of B Street (now Larkspur Road), the location of which is more fully shown on a plat made by POTTS, MINTER & ASSOCIATES, P.C., dated JUNE 3, 1998, a copy of which is attached hereto and made a part of this Ordinance. W/qEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Vircinia. 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the alley and street sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 98 476 6/24/98 That pursuant to Section 15.2-2272 of the Code of virginia, 1950, as amended, the aforesaid alley and street be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2 2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2 2276 of the Code of Virginia, 1950, as amended. The effect of this Ordfnance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the alley and street hereby vacated in the adjoining property owners free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COL~NTY OF CHESTERFIELD as GP~ANTOR, and FINER HOMES, INC., a Virginia corporation, JANE P. MCLEAN aka JANE B. MCLEAN and WILLIAN MCLEAN, (wife and husband), DONALD N. SNE~i) and HEIRS OF WILLIAM HENRY SNEED, or their successors in title, as GRANTEE. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16.c, TO CONSIDER AI~ ORDINANCE TO VACATE A PORTION OF CO~ONW~ALTH CENTRE PARKWAY Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordnance to vacate a portion of Commonwealth Centre Parkway. No one came forward to speak in favor of or against this ordinance. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: COUNTY: At a regular meeting of the Board of Supervisors held at the Courthouse on June 24, 1998 at 7:00 p.m. AN ORDINAi~CE whereby the COUNTY OF ~, VIRGINIA, ("GRANTOR,,) vacates to WACHOVIA BANK. N.A.. (successor by merger to Central Fidelity Bank), Trustee, ("GRANTEE"), portions of Commonwealth Centre Parkway, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on plats thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 75, at Pages 17 and 18. 98-477 6/24/98 WHEREAS, WACHOVIA BANK, N.A., (successor by merger to Central Fidelity Bank), Trustee, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of Commonwealth Centre Parkway HATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on plats of record in the Clerk's Office of the Circuit Court of said County in Plat Book 75, Page 17 and 18, by BALZER & ASSOCIATES, INC., dated JANUARY 31, 1989 and recorded APRIL 19, 1991. The portions of right of way petitioned to be vacated are more fully described as follows: Portions of Commonwealth Centre Parkway the locations of which are more fully shown on plats by HGP, INC., dated ~2~Y 15, 1998, copies of which are attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia. 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portions of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOA/~D OF SUPERVISORS OF CHESTERFIELD COL~NTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of VirGinia. 1950, as amended, the aforesaid portions of right of way be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2 2272 of the Ced~ of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plats attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Vircinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2 2274 is to destroy the force and effect of the recording of the portions of the plats vacated. This Ordinance shall vest fee simple title to the centerline of the portions of right of way hereby vacated in the adjoining property owners free and clear of any rights of public use. Accordingly, this ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and WACHOVIA BANK, N.A., (successor by merger to Central Fidelity Bank), Trustee, or its successor in title, as GRANTEE. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-478 6/24/98 16.D. TO CONSIDER ADOPTING A "NO-WAKE" REOUIREMENT FOR A PORTION OF LAKE CHESDIN Mr. Micas stated that this date and time has been advertised for a public hearing to consider adopting a ~no-wake" requirement for a portion of Lake Chesdin. He further stated that the residents along Lake Chesdin have requested that the Board of Supervisors support the establishment of five Uno- wake" areas on Lake Chesdin. He stated that the Department of Game and Inland Fisheries is the ultimate authority to establish the "no-wake" zones, but their consideration must be proceeded by approval by the local governing body. Mr. Bill Boyer, a resident of Chesdin Landing, stated that they support adoption of the ~no-wake" requirement. Mrs. Humphrey stated that Lake Chesdin has become more crowded and acknowledged the importance of safety issues at the Lake. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adopted the following resolution: RESOLUTION REQUESTING THE ESTABLISHMENT OF FIVE REGULATORY ("NO-WAKE") MARKERS ON LAKE CHESDIN, A CHESTERFIELD COUNTY PUBLIC WATERWAY WHEREAS, Section 29.1 of the Code of Vircinia, 1950, as amended, allows persons to request the establishment of "no wake" zones on public waterways by submitting an application to the County for placement of "no-wake" markers; and WHEREAS, state law further requires a public hearing and the adoption of a Board of Supervisors resolution supporting the application before forwarding it to the State Department of Game and Inland Fisheries for final approval and implementation; and WHEREAS, Bill Boyer, III, on behalf of the Chesdin Landing and Golfers' Club, has submitted an application for five "no-wake" markers on Cattle Creek, Wasp Cove, and Newman Creek, all locations within Lake Chesdin, a public waterway located in Chesterfield County; and WHEREAS, the Chesdin Landing and Golfers' Club application explains that the ~no-wake" markers are needed for safety and ecological reasons, as well as to prevent the destruction of personal property; and WHEREAS, a public hearing was duly noticed and held on June 24, 1998 to receive public comment on the Chesdin Landing and Golfers' Club application. NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of Chesterfield County that the application for five regulatory markers (~'no-wake~) on Lake Chesdin as described fully in the attached application shall be forwarded with the approval of this Board to the Director of the State 98-479 6/24/98 Department of Game and Inland Fisheries for further approval and implementation. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16.E. TO CONSIDER APPROPRIATING $531.361 FOR COMPLETION OF DEVELOPMENT OF SUMMERFORD SIrBDIVISION. SECTION 1 Mr. Stith stated that this date and time has been advertised for a public hearing to consider appropriating $531,361 for completion of development of Summerford Subdivision, Section 1. Mr. McHale stated that funds for this project are monies from performance bonds that were posted by the developer and when he defaulted, the County pulled the bonds from the bank. Mrs. Humphrey commended staff on their expedient efforts in getting this project underway. No one came forward to speak in favor of or against this issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board appropriated $531,361 and authorized the County Administrator to enter into a contract with White Contracting Company, for an amount not to exceed $531,361, for completion of Summerford Subdivision. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16.F. TO CONSIDER AMENDMENTS TO THE ZONING AND EROSION CONTROL ORDINANCES Mr. Stith stated that this date and time has been advertised to consider amendments to the zoning and erosion control ordinances. NO one came forward to speak in favor of or against these ordinances. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 8-4, 19-159, 19-175, 19 221, 19-233, 19 240 A~D 19-264; BY ADDING DIVISION 6 AND SECTIONS 19 241, 19-242 AND 19-243 TO ARTICLE IV OF CHAPTER 19; AND BY REPEALING SECTION 19-224.5 ALL RELATING TO LAND DISTURBANCE HERMITS; OUTSIDE pL~BLIC ADDRESS SYSTEMS; INDOOR FLEA MARKETS; INCORPORATION OF THE DEVELOPMENT STANDARDS MANUAL; DESIGN AND SAFETY CRITERIA FOR STORMWATER Mi~NAGEMENT AND BEST MANAGEMENT PRACTICE RETENTION/DETENTION BASINS; EXCEPTIONS AND EXEMPTIONS; AND SITE PLANS SHOWING SOLID WASTE STORAGE AREAS 98 480 6/24/98 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 8-4, 19-159, 19-175, 19-221, 19- 233, 19-2~0 and 19-264 of the CQde Qf the County of Chesterfield. 1997, as amended, are amended and reenacted to read as follows: Sec. 8-4. Land-disturbance permits. (a) The environmental engineer shall not issue a land-disturbance permit to an applicant who has submitted a land-disturbance permit application unless: o o o (5) Any site plan or improvement sketch required by the zoning ordinance has been approved by the county and, when necessary, by the Virginia Department of TransportationT~ However, if the grading, drainage, erosion control and Chesapeake Bay Act requirements have been approved by the environmental engineer and the site plan has been deemed to be substantially approved by the development manager, the land disturbance permit, at the discretion of the environmental engineer, may be issued; ooo Sec. 19-159. Uses permitted with certain restrictions. The following uses shall be permitted in the C-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot he met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: o o o (d) Restaurants, fast food provided that such use is not located in the Chester Village Area. o o o Sec. 19-175. Conditional uses. The following uses may be allowed by conditional use in the C-5 District, subject to the provisions of section o o o (g) (I) (k) (1) Motor vehicle consignment lots. Occult sciences (includes fortunemtellers, palmists, astrologists, numerologists, clairvoyant, craniologist, phrenologist, card readers, spiritual readers, tea leaf readers, prophets and psychics). Outdoor flea market. Pawnbroker. Travel trailer parks. Subject to the following requirements, other uses which 98-481 6/24/98 are not specifically enumerated in this chapter and wkich are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar ~o, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. {Code 1978, ~ 21.1-176; Ord. of 2-26-97, § 1) o o o Sec. 19 221. Development Standards Manual. A portion of the development standards and requirements that apply to development in the county are found in this chapter. Additional standards are contained in the '~Development Standards Manual" which is adopted by the board of supervisors by ordinance and incorporated by reference into this chapter. The Development Standards Manual may only be amended in the same manner as the other provisions of this chapter may be amended. o o o Sec. 19-233. Resource management area regulations. Any use, development or redevelopment of land shall meet the following performance criteria: o o o (g) The director of environmental engineering may authorize the developer to use a retention or detention basin or alternative best management practice facility to achieve the performance criteria set forth in subsection (d) . {Code 1978, ~ 21.1-229.6; Ord. of 1-8-97(3), § 1) Sec. 19 240.Exceptions. o o o © Any person aggrieved by the director of environmental engineering's decision concerning an exception request may appeal the decision in accordance with section 19 26~9(e) . 9s 4se 6/2~/9s Sec. 19-264. Preparation and submission of site plans. o o o (d) Every site plan shall contain the following information, where applicable: o o o (30) The location and number of solid waste storage areas and detail of the solid waste storage area pad and screening; and o o o (2) That the ~O~¢ of the County of Chesterfield, 1997, as amended, is amended by adding Division 6 and Sections 19 2&l~ 19-242 and 19-243 to Article IV of Chapter 19 to read as follows: DIVISION 6. STORMWATER NLANAGEMENT AND BEST MANAGEMENT PRACTICE BASINS Section 19-241. Design criteria for all basins. Ail basins required by the director of environmental engineering as either a stormwater management facility or a Best Management Practice for water quality improvement or designed as a retention or detention facility for any new development or redevelopment of property shall conform to the following criteria: (a) Safety criteria (1) Outflow device safety measures. a. If a vertical sided weir box is located within the basin's e~ankment, a six-foot fence or dense vegetative barrier, or a combination thereof, shall be installed as prescribed by the director of environmental engineering. If a dense vegetative barrier is used, it shall be designed and installed in accordance with professionally accepted landscaping practices and procedures. Plans for the vegetative barrier, including the size and description of proposed plant materials, shall be approved by the director of environmental engineering. The dense vegetative barrier shall be a minimum of six feet in width. If a fence or vegetative barrier is to be established around the entire basin facility in accordance with subsection (a) (2), then no barrier or fence is required around the weir box. If a developer uses a concrete weir for either the principal or emergency spillway and the concrete weir is greater than three feet in depth, a pedestrian crossing or access structure shall be established across the weir. A fence Or vegetative barrier, or combination thereof, may be substituted if the pedestrian crossing is not practicable. Basin safety measures and dlmensions~ The following safety measures shall be required for that portion of each basin which has a side slope above the normal water surface which is steeper than 6:1 over a horizontal distance of 20 feet or more. (I) If the basin averages 4 feet or less in depth and one acre or less in surface area, then one of the following safety measures shall be used: A. A safety bench, or B. A fence which surrounds the basin. (ii) If the retention basin averages more than four feet in depth or more than one acre in surface area, then one of the following safety measures shall be used: A. Both a safety bench and an aquatic bench, or B. A fence which surrounds the basin. If a safety bench is used, it shall be provided at the toe of the slope of the basin and shall be a minimum of 10 feet wide. The slope across the bench shall be no greater than 10:1. If an aquatic bench is used, it shall be placed around the perimeter of the permanent pool at the normal water surface elevation and shall be no greater than 12 inches in depth and at least six 6 feet in width. If a fence is used, the minimum height of the fence shall be 6 feet. The fence may be made of a dense vegetative barrier. If the fence is made of a vegetative barrier, it shall be designed and installed in accordance with professionally accepted landscaping practices and procedures. Plans for the vegetative barrier, including the size and description of 98-484 6/24/98 proposed plant materials, shall be approved by the director of environmental engineering. If a vegetative barrier is used, the property owner or developer shall provide to the county a form of surety for the cost of materials and installation for the proposed plant materials. Provisions for maintenance of and access to the fence or vegetative barrier shall be included in the best management practice easement dedication. If a basin is located within 100 feet of any dwelling unit, school, child care center, playground, shopping center, library, hospital, public institution, pedestrian way or similar facility, the director of environmental engineering may, at his discretion, require fencing designed to protect the public safety. f Side slopes. The side slopes above the normal water surface elevation in basins shall be no steeper than 3:1 (horizontal to vertical). If the excavation of the slope to 3:1 will result in the removal of. dense vegetation or woodland which is acting to stabilize the slope, the developer may seek an exception from the director of environmental engineering pursuant to the provisions of section 19- 235 to leave the slope in its existing condition. (b) Perimeter yards. Basins on property located in an R, ~-MF or R-TH district or upon any other property used for residential purposesr schools, child care centers, playgrounds, or within residential subdivisions shall be enclosed by a minimum of a 50 foot vegetative perimeter yard around the basin, measured from the 100-year water surface elevation or the downstream toe of the dam, whichever applies. All basins located within 100 feet of the above described uses and any pedestrian access ways (i.e. sidewalks, bicycle paths, walkways) shall be separated from such uses by a minimum of a 50 foot vegetative perimeter yard measured from the 100-year water surface elevation or the downstream toe of the dam, whichever applies. Except as modified by the Planning Commission through the site plan process or the Board of Supervisors through the zoning process, retention or detention basins shall not be located within a buffer required by the zoning ordinance or zoning conditions. The perimeter yard shall be · designed to provide a horizontal distance and vegetated open space between the basin and the above listed uses. 98-485 6/24/98 Sec. 19 242. Minimum criteria for basins serving as a Best Management Practice for water quality improvement. Depth. Basins sized solely as best management practice facilities in conformance with the Chesapeake Bay Preservation Act shall have a range in depth of 3 to 8 feet to prevent stratification. For those basins which have been designed with sections which exceed eight feet in depth, only those portions which are less than 8 feet in depth shall be included as part of the best management practice facility volume. Basins which are less than one acre in surface area shall not exceed 8 feet in depth. Lemgth to width ratio. The distance between the inflow and outflow points in basins shall be a minimum of 3:1, length to width ratio. If the director of environmental engineering determines that the site conditions do not allow for this ratio, a 2:1 length to width ratio shall be provided. The length is defined as the flow path from inflow point to outflow point, and is to be calculated as prescribed by the most recent edition of the Virginia Erosion and Sediment Control Handbook. If the director of environmental engineering determines that site conditions preclude achieving a 2:1 ratio, the use of baffles or anotker means of lengthening the flow path shall be required. Placement of the pond inlet. If the inlet pipe(s) are submerged, there shall be a minimum of three feet from the invert-out of the pipe to the bottom of the pond. If this distance cannot be achieved due to the depth of the permanent pool, then a sediment forebay shall be excavated to obtain a depth of 3 feet. Sec. 19-243. Exemptions and Exceptions. Any applicant may seek an exception from the requirements of this division pursuant to § 19-235 and § 19-236. In addition, the exemptions contained in § 19-234 shall apply to this division. ~3) That § 19-224~5 of the C@de of the County of Chesterfield, 1997, as amended, is hereby repealed as follows: (Ord. of 12-18-96, § 1) 0 0 0 (4) That this ordinance shall become effective immediately upon adoption. 98 486 6/24/98 And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE DEVELOPMENT STAlqDARDS MANI3AL OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997~ AS AMENDED, BY AMENDING AMD REENACTING SECTIONS 19-503, 19-518, AND 19-571, 19-572, 19-575, 19-593, 19-594, 19-595, 19-598, 19- 601, 19-602, 19-603, 19-604, 19-611 AND 19-612 AND REPEALING SECTION 19-596 AMD ADDING SECTION 19-570 TO ARTICLE III, DIVISION I ALL EELATING TO SCREENING AMD MINIMIZING THE VIEW OF OUTSIDE STORAGE AREAS~ SOLID WASTE STORAGE AREAS, LOADING AREAS, AMD MECHANICAL EQUIPMENT; SOLID WASTE STORAGE Ai%EA SERVICING AND PARKING SETBACKS; UNDERGROUND UTILITY LINES; LAi~DSCAPING ~-ND PLANT MATERIAL REQUIREMENTS; ARCHITECTURAL REQUIREMENTS; CEKTAIN YARD REQUIREMENTS AND SETBACKS; AND HEIGHT REQUIREMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-503~ 19-518, 19-571, 19-572, 19-575, 19-593, 19-594, 19-595, 19-598, 19-601, 19-602, 19 603, 19-604, 19 611 and 19-612 of the Development Standards Manual of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 19 503. Solid waste storage areas. a. With the exception of garbage can and recycling container areas which serve single or two-family dwellings, solid waste storage areas (solid waste storage area, garbage cans, trash compactors, recycling containers, etc.) shall be screened from view of adjacent property and public rights-of- way as follows: Solid waste storage areas on property which is adjacent to an A, R, R-TH or R MF district shall be screened from view of such district by a masonry or concrete wall which is constructed of comparable materials to and designed to be compatible with the principal building that the solid waste storage area serves. However, solid waste storage areas that are located a minimum of 100 feet from the above referenced district line may be screened in accordance with subsection 2. Ail other solid waste storage areas shall be screened by a solid wall, fence, dense evergreen planting or architectural feature, provided that: located in residential projects and in places that can be seen from a public right-of-way, which must comply with the screening requirement of subsection 2, visible from beyond the project need not 98-487 6/24/98 (b> In 1-2 and 1-3 districts, solid waste storage areas need not be screened from view of any I-2 or I-3 district or from any public right-of-way that does not accommodate or is not intended to accommodate through traffic movements. b. Ail solid waste storage areas shall observe the parking setbacks of the districts in which they are located. c. Solid waste storage areas (excluding garbage can and recycling container areas serving single or two-family dwellings) located within one thousand (1,000) feet of any A, R, R-TH or R-MF districts shall not be serviced between the hours of 9:00 p.m. and 6:00 a.m. Such areas shall be prominently posted with a sign not to exceed six (6) square feet designating the hours in which the solid waste storage area may be serviced. (Code 1978, ~ 21.1-206) o o o Sec. 19 518. Plant material specifications. o o o (e) Maintenance: The owner or his agent shall be responsible for the maintenance, repair and replacement of all required landscaping materials. All plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris at all times. All unhealthy, dying or dead plant materials shall be replaced during the next planting season. All landscaped areas shall be provided with a readily available water supply; except that in I-2 or I-3 districts, a readily available water supply shall only be required in the setback along any public right-of way, which accommodates or is intended to accommodate through traffic. o o o Sec. 19-571. Utility lines underground. Ail utility lines, such as electric, telephone, CATV or other similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within projects. (Code 1978, ~ 21.1-238) Sec. 19-572. Loading areas. Sites shall be designed and buildings shall be oriented in accordance with article I, division 4, of this manual so that loading areas are screened: (I) from view of any adjacent properties on which such uses are not permitted; (ii) from property in an A district that is designated on the 98-488 6/24/98 comprehensive plan for a district in which loading areas are not permitted; and (iii) from any public right of-way, except for limited access roads. The view of loading areas shall be minimized from limited access roads. Views may be minimized through site and architectural design, topography, landscaping, setbacks or other features. In I-2 and I 3 districts, loading areas need not be screened from view of any I-2 or I-3 district or from any public right-of way which does not accommodate or is not intended to accommodate through traffic movements. (Code 1978, ~ 21.1-239) o o o Sec. 19-575. Outside storage areas. Ail outside storage areas shall be screened, in accordance with article I, division 4, of this manual: (I) from view of any adjacent properties on which such uses are not permitted; (ii) from property in an A district that is designated on the comprehensive plan for R, R-TH, R-MF, A, O or I-1 districts; and (iii) from public rights-of- way. The view of outside storage areas shall be minimized from limited access roads. Views may be minimized through site and architectural design, topography, landscaping, setbacks or other features. In I-2 and I 3 districts, outside storage areas need not be screened from view of any I 2 or I-3 district or from any public right of-way which does not accommodate or is not intended to accommodate through traffic movements Outside storage shall include, but not be limited to, parking of all company-owned and -operated vehicles, with the exception of passenger vehicles and trucks designed such that the cargo area may be accessed from the driver's seat without exiting the vehicle. (Code 1978, ~ 21.1 241) o o © Sec. 19-593. Yard requirements for office, business and industrial districts within emerging growth areas. o o o © Side Yards: The side yard setbacks for buildings, drives and parking areas shall be a minimum of thirty (30) feet with the installation of perimeter landscaping A. However, within I-2 and I-3 districts, when adjacent to I-2 or I~3 districts, perimeter landscaping within side yards shall not be required. One foot shall be added to each side yard for each one foot that the building height adjacent thereto exceeds forty-five (45) feet. (d) Setbacks along limited access roads and rear yards: The minimum rear yard setback for buildings, drives and parking areas and any yard adjacent to a limited access road shall be forty (40) feet with the installation of perimeter landscaping A. However, within I-2 and I-3 districts, when adjacent to I-2 or I 3 districts, perimeter landscaping within rear yards shall 98 489 ~/24/9s not be required. One foot shall be added to each rear yard for each one foot that the building height adjacent thereto exceeds forty-five (45) feet. o o o Sec. 19-594. Permitted variations in yard requirements. The required minimum yards for any zoning lot or parcel, or adjacent to limited access roads, or as noted below, may be reduced as follows with the provision of additional landscaping: (a) Setbacks along major arterials: Except in I 2 or I-3 Districts, the required setback for buildings, drives and parking areas along major arterials may be reduced to fifty (50) feet with the installation of perimeter landscaping C. (b) Front and corner side yards: Except in I-2 or I-3 Districts, the required front and corner side yard setback along public rights-of-way other than major arterials may be reduced to twenty-five (25) feet with the installation of perimeter landscaping C. o o o Sec. 19 596. Architectural treatment. (a) No building exterior (whether front, side or rear) which would be visible to any A, R, R TH, R MF or O district or any public right-of-way shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors, but rather shall preclude the use of inferior materials on sides which face adjoining property. No portion of a building that is constructed of unadorned concrete block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R TH, R-MF or O district or any public right-of-way. No building exterior shall be constructed of unpainted concrete block or corrugated and/or sheet metal. Sec. 19 598. Heights. The maximum height of all buildings and structures within any office, business or industrial district shall be as specified in this section, except as outlined in section 19-507 and 19- 507~1 or otherwise provided in this chapter: o o o Sec. 19 501. Yard requirements for office, business and industrial districts within Post-Development Areas. o o o 98-490 6/24/98 {d) Side Yards: The side yard setbacks for buildings shall be a minimum of twenty (20) . One foot shall be added to each side yard for each one foot that the building height adjacent thereto exceeds forty five (45) feet. (e) Rear Yards: The minimum rear yard setback for buildings shall be twenty (20) feet. One foot shall be added to each rear yard for each one foot that the building height adjacent thereto exceeds forty-five (45) feet. o o o Sec. 19 602. Permitted variations in yard requirements. o o o © Side Yards: In the I-2 and I-3 districts, the required side yard setback for buildings may be reduced to 10, except when adjacent to any A, R, R-TH or R-MF district. The required side yard setback for buildings may be reduced to zero in all other districts except when adjacent to any A, R, R-TH or R-MF district. o o o Sec. 19 603. Architectural treatment. (a) No building exterior (whether front, side or rear) which would be visible to any public right-of-way shall be constructed of unadorned concrete block or corrugated and/or sheet metal. (Code 1978, ~ 21.1-255) Sec. 19 604. Heights. The maximum height of all buildings or structures within any office, business or industrial district shall be as follows, except as outlined in section 19-507 and 19-507.1 or as otherwise specified in this chapter: o o o Sec. 19-611. Architectural treatment. (a) Within the Ettrick Business Core: (1) New development shall be compatible with the pedestrian scale and historic village character of Ettrick. New or altered buildings should be generally consistent in height, scale, massing (shape) and materials with existing structures in the village. The intent of this section is to insure functional and visual compatibility, not to specifically encourage imitation of past architectural styles. (b) Within all other Village Districts: No building exterior (whether front, side or rear) shall consist of architectural materials inferior in quality, 98 491 6/24/98 appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different exteriors (which would be acceptable if representative of good architectural design) but rather, shall preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreci- ation of property values. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF or O District or any public right of way. Further, buildings shall be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings shall possess architectural variety but shall be compatible with existing structures, especially nearby structures of high historic interest. New or remodeled buildings shall enhance an overall cohesive village character as reflected in existing structures. This character shall be achieved through the use of design elements -- including, but not limited to, materials, balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines or other appurtenances such as lighting fixtures and/or planting -- as are described in the applicable adopted plans and guidelines. (Code 1978, ~ 21.1-255.7) Sec. 19-612. Heights. The maximum height of all buildings within any O, C or I district shall be as specified in this section, except as provided in section 19-507 and 19-507.1. o o o (2) That ~ 19-596 of the Development Standards Manual of the Code of the County of Chesterfield, 1997, as amended, is hereby repealed as follows: (3) That the Development Standards Manual of the Cede of the County of Chesterfield, 1997, as amended, is amended by adding Section 19-570 to Article III, Division I, to read as follows: Sec. 19-570. Architectural Treatment. (a) Architectural treatment of buildings, including materials, color and style, shall be compatible with buildings located within the same project. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. (b) Ail junction and accessory boxes except those in I-2 and I-3 districts and those not visible from beyond the project shall be minimized form view of adjacent property and public rights-of-way by landscaping or architectural treatment integrated with the building served. In I-2 and I-3 districts, junction and accessory boxes need not be minimized from view of any I-2 or I-3 district or from any public right-of-way which 98 492 6/24/98 does not accommodate or is not intended to accommodate through traffic movements. e Mechanical equipment, whether ground level or rooftop, shall be screened from view of adjacent property and public rights of way and designed to be perceived as an integral part of the building, except as sea{2ed herein. In I-2 and I-3 districts, mechanical equipment need not be screened from view of any I-2 or I-3 district or from any public right-of-way which does not accommodate or is not intended to accommodate through traffic movements. (Code 1978 § 21.1-248) (4) That this ordinance shall become effective mmmediately upon adoption. Ayes: Humphrey, Warren, Barber, Daniel, and McRale. Nays: None. 17. REMAINING MOBILE HOME PERMITS A~59 ZONING REOUESTE 98SN0142 In Midlothian Magisterial District, ATACK PROPERTIES, INC. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). A single family residential subdivision with a minimum lot size of 17,500 square feet is planned. Residential use of up to 2.90 units per acre is permitted in a ResJ.dential (R-15) District. The applicant has agreed to limit dev'elopment to a maximum of 49 lots yielding a density of approximately 1.25 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. This request lies on 39.2 acres fronting approximately 160 feet on the west line of WinterfJeld Road, approximately 350 feet south of Elmstead Road. GPIN 725-711~1557 {Sheet 7). Mrs. Humphrey excused herself from the meeting. Ms. Beverly Rogers presented s summary of Case 98SN0142 and stated that the Planning Commission recommends approval and acceptance of the proffered conditions. She further stated that staff recommends approval subject to the applicant addressing concerns relative to Proffered Condition 14, relating to front entry garages. She noted that the request conforms to the Midlothian Area Community P~. Mr. Brennen Keene, representing the applicant, stated that the recommendation of the Planning Commission is acceptable. He further stated that much effort has gone into this request in addressing neighborhood concerns. Mrs. Humphrey returned to the meeting. 98 493 6/24/98 Mr. Keene then presented an overview of the realignment of Winterfield Road and stated that the proffered conditions address concerns relative to the realignment of Winterfield Road to the south. He further stated that until realignment is completed for Winterfield Road, the proposed development will require access onto existing Winterfield Road. He stated that tke proffered conditions will require safe access onto existing Winterfield Road. He further stated as it relates to Proffered Condition Number 14, relating to front entry garages, the applicant intends to develop homes with side or rear entry garages, however, there are times when special typographical conditions make it difficult to employ a side or rear entry garage. He further stated that Proffered Condition Number 14 was created in cooperation with Mr. William Shewmake, Midlothian District Planning Commissioner, and the area neighborhood. He requested the Board's favorable consideration of the request. Mr. Bob Pinkum, a resident of Salisbury Subdivision, expressed concerns relative to public safety aspects surrounding the proposed request and to there only being one access into the proposed development until the realignment of Winterfield Road is completed. He requested that the Board not approve this request until adequate measures are taken to realign Winterfield Road in its entirety. Ms. Annette Sullivan, a resident of Winterfield Road, expressed concerns relative to the developer being able to develop with sole access to existing Winterfield Road and to the current traffic dangers along Winterfield Road. She stated that she feels the developer should be required to complete the realignment of Winterfield Road in its entirety. Mr. Steve Sullivan, a resident of Winterfield Road, expressed concerns relative to safety issues as it relates to the proposed development. He stated that he feels Atack Properties is a good builder, however, he is concerned about the location and timing of the proposed development. He further stated that the development should not move forward until the realignment of all of Winterfield Road is completed. He displayed pictures showing the location of a recent accident on Winterfield Road, which is tke same location that the developer wants to construct his access to Winterfield Road. He reemphasized safety and timing issues surrounding this proposed development. ~e stated that he would like the Board to consider delaying this development until adequate safety issues and other concerns are addressed. Ms. Faye Palmer, a resident of Salisbury Subdivision, stated that there is a lot of concern for public safety and the dangers on Winterfield Road if this development is approved. She further stated that she does not feel this is the appropriate time to address the construction of the access to Winterfield. She stated that while there is another possible entrance into the proposed development from Treport Road, the Salisbury neighborhood is opposed to this correction. She further stated that the developer has agreed not to correct to Treport Road. She noted that a large tree trunk is located on 98-494 6/24/98 Winterfieid Road, causing a sight distance problem. She suggested that the tree trunk be removed to improve the sight distance. Mr. Keene stated that a five percent increase in traffic is expected onto Winterfield Road from the proposed development. He further stated that the applicant is developing a tentative subdivision plan which will be brought back to the Planning Commission for review, at which time the safety of the access to Winterfield Road can be reviewed. Mr. Warren excused himself from the meeting. There was brief discussion relative Lo the engineering of the proposed access and the location of tree trunk. Mr. Barber requested staff to negotiate with the property owner, if necessary, to address the removal of the tree trunk. He stated that he originally questioned the ninety day feasibility study relative to the purchase of the adjacent property to the south (the Jefferson property), however, after discussions with Mr. Jefferson he feels more comfortable with the time period, as Mr. Jefferson stated that it was normal language in a contract. He stated that he feels, with some level of confidence, that two thirds of Winterfield Road will be constructed in the short term. He further stated that County funds are not available to complete the realignment of Winterfield Road, therefore, it will be the responsibility of others to complete the road. He stated that he depends on the engineers as it relates to construction and safety of the entrance. He further stated that the applicant kas increased the square footage of homes and lot sizes to an acceptable level. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to approve Case 98SN0142 and accept the proffered conditions. Discussion, comments, and questions ensued relative to the realignment of Winterfield Road. When asked, Mr. Keene stated that the applicant has proffered to not access Treport Road from this development. There was brief discussion relative to the investment the applicant is making; whether wetlands are located on the property; and that a wetlands evaluation had not been completed at this time. Mr. Daniel stated that when he reviewed the proposed request, it appeared to be a standard zoning case, however, as he studied the request further, he felt it is a classic example of in fill zoning. He further stated that this request does not appear ready for action. He stated that he feels if this zoning is approved, a portion of Wisterfield Road will be constructed, which will only be utilized by the people that will ultimately live in the proposed subdivision. He expressed concern that there will eventually be a demand on the public 98 495 6/24/98 to complete construction of realigned Winterfield Road. He stated that ke is unsure of the proper action at this time, but he will vote for anything which allows the applicant to continue to further work on, and study, this proposal. He indicated that he does not feel he is in the position to approve the request and that he does not feel the request is ready for public commitment. Mr. Barber stated that there have been many neighborhood meetings and a lot of effort put into this request. He inquired as to any suggestions Mr. Daniel may have in making this request better. Mrs. Humphrey expressed concern that a wetland delineation has not been conducted on the proposed development property and that the amount of wetlands may significantly impact the development of the Jefferson property. She expressed concerns that the drainage issues have not been adequately addressed. Mr. Barber stated that what he has attempted to accomplish is to get the two area property owners together so that the alignment of Winterfield Road can reflect the County's future expectations of where the road will be located. He further stated that at this time, the Board cannot demand that the applicant purchase the adjacent property or construct a road on someone else's property. He stated that the role the Board can play is to ensure that the plans are laid for the future realignment of Winterfleld Road. He further stated that it is his understanding that homes would not be built in wetlands and that run-off will be handled. Mrs. Humphrey stated that her concern is not the Atack property, but with the Jefferson property. She further stated that she is uncomfortable that there are not any guarantees regarding the realignment of Winterfield Road in its entirety at this point. She stated that she would be more comfortable with this request if eighty-five percent of the road were proposed at this time. Mr. Barber stated that this Board is not in the position of demanding people to purchase someone else's property. There was brief discussion relative to how the run-off from this development would be handled. Mr. McElfish stated that staff is not aware of any severe run- off problems in this area. He further stated that if there were problems, staff would have recommended certain conditions at this time. He indicated that Michaux Creek has no impact on this zoning request. Mr. Barber reiterated that a lot of time and effort has been put into this request by the applicant, community, the Planning Commissioner, and himself. 98-&96 6/2~/98 Mr. Warren stated that the drainage issue is an important issue and that he does not feel safety issues have been thoroughly addressed at this time. Mr. McCracken stated that staff feels that the proffered conditions give the County the tool needed to achieve the necessary improvements to Winterfield Road to ensure as safe an access as possibIe. When asked, he stated that realigned Winterfield Road will have to be constructed into the property to accommodate the initial development. Mrs. Humphrey expressed concerns relative to traffic dangers at the proposed access and requested staff to address these concerns. Mr. McRale stated that he feels the proposed zoning is appropriate for this area. He further stated that as he understands it, if the Board approves this request, there will be another opportunity for public input regarding the details of addressing the issues of safe access. He stated that if this request is approved, it allows the opportunity to accelerate improvements on Winterfield Road, however, if the Board denies the request, nothing will be improved. He further stated that he feels the Board has an opportunity at this time, if the request is approved, to begin addressing the issue of the unusual curves on Winterfield Road. He stated that the developer will have to make some substantial off-site improvements. He further stated that he can support the proposed request. Mr. Daniel acknowledged the efforts that have gone into this request and stated that the request is a difficult case. He further stated that he agrees that R-15 is an appropriate land use. He stated that the Board is bound by its judgement as to whetker the actual granting of the zoning will impacm the health, safety, and welfare of 5he public at-large~ He further stated that he feels there are significant outstanding issues regarding this request. He inquired as to whether Mr. Barber would consider a deferral to allow staff to address safety issues regarding the access to existing Winterfield Road, Mr. Barber stated tkat many community meetings have been held regarding this request and all issues concerning the proposed development were discussed and resolved. He further stated that he concurs that the curve on Winterfield Road is dangerous, however, access will not be allowed to existing Winterfield Road until there are assurances regarding safety. He stated that if the request is not approved or is deferred, the dangerous curve remains that much longer, therefore he feels the Board should expedite this request. He further stated that at the May 27, 1998 Board meeting, he did request a thirty-day deferral to address the winterfield Road realignment. Re stated that in his best ability and judgement, this request is ready to move forward. He further stated that he will not amend his motion, which would be to approve the request and accept the proffered conditions. 98-497 6/24/98 Mrs. Humphrey stated that she would feel more comfortable if she better knew that the Jefferson property would also be developed in a timely fashion. Mr. Barber stated that the Jefferson property belongs to someone else, not the developer. He further stated that the applicant is not in a position to present that parcel to this Board at this time and the owner of that property has not come forward. He stated that he has done all he can to move this request forward and to improve the safety for constituents in the Midlothian District. Mrs. Humphrey stated that she is not totally comfortable with all the components relating to this request, however, she will support the request. Mrs. Humphrey called for the vote on the motion made by Mr. Barber, seconded by Mr. McHale, for the Board to approve Case 98SN0142 and accept the following proffered conditions: 1. Public water and wastewater systems shall be used. 2. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Chesterfield County Environmental Engineering Department and the approved devices have been installed. 3. The Applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district of the Property: a. $6,000.00 per lot if paid prior to July 1, 1998; or b. The amount approved by the Board of Supervisors not to exceed $6,819.00 per lot, if paid between July 1, 1998 and June 30, 1999; or c. The amount approved by the Board of Supervisors not to exceed $6,819.00 per lot adjusted upward by any increase in the Marshal and Swift Building Cost Index between July 1, 1998 and July 1 of the fiscal year in which the payment is made, if paid after June 30, 1999. In the event the cash payment is not used for the purpose for which proffered within fifteen (15) years of receipt, the cash shall be returned in full to the payor. 4. The Property shall be subdivided into no more than forty nine (49) residential lots. 5. At time of recordation of the first subdivision plat, thirty-five (35) feet of right of way on the west side of Winterfield Road, measured from the centerline of that 98-498 6/24/98 part of Winterfield Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefi~ of Chesterfield County. To provide for an adequate roadway system at time of complete development and to account for the County's intention to realign Winterfield Road through the Property, the Applicant shall be responsible for the following: At time of recordation of the first subdivision plat, a seventy (70) foot wide right of way for the north/south collector ("Winterfield Road Relocated") from Winterfleld Road to the southern Property line, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right of way shall be approved by the Chesterfield County Transportation Department (the "Transportation Department"); Construction of additional pavement along Winterfield Road, at the Winterfield Road Relocated intersection to provide left and right turn lanes; Construction of two (2) lanes of Winterfield Road Relocated to Virginia Department of Transportation ('~VDOT") Urban collector standards (40 mpk) from Winterfield Road to the southern Property line; and Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified above. Direct access to Winterfield Road shall be limited to Winterfield Road Relocated. Direct access to Winterfield Road Relocated shall be approved by the Transportation Department. The Transportation Department shall approve the exact location of these accesses. Prior to any road and drainage plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6, shall be submitted to and approved by the Transportation Department. 9. Ail driveways on each individual subdivision lot shall paved. The exact pavement type, which may include asphalt, concrete~ aggregate materials, and brick or stone pavers, shall be approved by the Planning Department. 10. All exposed portions of the foundation of each dwelling shall be covered with brick, stone, or dryvit type materials. Ail exposed portions of coal burning or wood burning fireplace chimneys for each dwelling shall be covered with brick, stone or dryvit type materials; gas or ornamental fireplaces may be wall-vented with no chimneys as allowed 98-499 6/24/98 by applicable building codes; however, such vented enslosures shall not be cantilevered and must have a base to match the foundation. 12. Ail residential lots that abut Salisbury Heathlsnd and Lintenfield sections and Michaux, Section C shall have a minimum lot area of twenty-five thousand (25,000) square feet. Ail other residential lots shall have a minimum lot area of twenty thousand (20,000) square feet. 13. The gross floor area of each dwelling unit shall be a minimum of two thousand two hundred (2,200) square feet. 14. Except as stated herein, all dwellings that provide a garage shall employ side or rear entry garage design; provided, kowever, if the provision of a side or rear entry garage cannot be reasonably or feasibly accomplished because of features on or around the lot, such as topography, utility and drainage features and easements, grading, or other applicable features or governmental requirements that would effectively prohibit the provision of safe access and orderly design of the lot if a side or rear entry garage design is employed, then a dwelling may employ a front entry garage design. 1s. Any open basins required for water quantity or quality control designed to serve the Property shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for the uses developed on the Property. At the time of subdivision plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. 16. The Tentative Subdivision Plan for the Property shall be submitted to the Planning Commission for review and approval. 17. Except as provided herein, all trees having a caliper of six inches or greater within twenty-five {2B) feet of Salisbury Heathland and Lintenfield sections and Michaux, Section C shall be maintained. The trees may be disturbed for the installation of utilities, and any dead or diseased trees may be removed. The twenty five (25) foot tree preservation area shall be exclusive of any required setback. 18. The Property shall not have access onto Treport Road. Ayes: Humphrey~ Warren~ Barber, and McHale. Abstention: Mr. Daniel. It was generally agreed to recess for five minutes. Reconvening: ss 5oo 6/2a/ga Mr. Warren stated that during the recess, discussions were held between the applicant, attorney, and the neighborhood coalition concerning the Home Depot U.S.A., Incorporated and Irvin G. Homer zoning request (98SN0176). He further stated that the applicant is going to request that the case be remanded to the Planning Commission and, therefore, requested that the Board hear this request at this time. Mrs. Humphrey called Zoning Case 98SN0176 out of order at this time. 98SN0176 (Amended) In Clover Hill Magisterial District, MOME DEPOT U. S. A., INC. AND IRVING. HORNER requested that consideration for rezoning and amendment of zoning district map from Agricultural {A), General Business lC 5) and Light Industrial (I-l) to Community Business (C 3) and Light Industrial (I-l) with Conditional Use Planned Development to permit use and bulk exceptions plus amendment of Conditional Use Planned Development Case 85S153 on a tract currently zoned Light Industrial (I 1} relative to curb and gutter, pavement, road improvements and permitted uses be remanded to the Planning Commission. A mix of commercial and industrial uses is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 174.7 acres fronting approximately 2,500 feet on the north line of Hull Street Road, approximately 1,200 feet on the west line of Warbro Road and approximately 1,800 feet on the east line of Route 288, and located in the northwest quadrant of the intersection of Hull Street and Warbro Roads. GPIN 737-680- 0386; 735-683-Part of 0636; and 738-682-Part of 0134 (Sheets 13 and 20). Mr. John Easter, representing the applicant, stated that the applicant would like the opportunity to amend the case to include property east of Warbro Road and to substantially reduce the amount of the commercial square footage potential on that property. He further stated that from a procedural standpoint, this process would involve bringing into the request some property that is not currently part of the proposed request. He stated that while he would prefer a deferral, it would be necessary to bring the amended request before the Planning Commission since that property had not been included in the original request. He further stated that the request, therefore, needs to be remanded to the Planning Commission. He stated that Mr. Warren's preference would be that the entire request, as currently before the Board, be remanded to the Planning Commission and then the additional property would be included in the request. When asked, he stated that the Planning Commission will consider the request, including the additional property, as a single case. Mr. Irvin G. Homer stated that he supports the case being remanded so as to include the additional property. 98 501 6/24/98 When asked, Mr. Warren stated that he is not in favor of double-advertising this request, but does support moving the request forward as quickly as possible. He further stated that it is always a public perception that if a request is double- advertised, all issues have been completely addressed and resolved. He requested that the Planning Commission consider the request as soon as possible. There was brief discussion relative to when the Planning Commission could consider the request. Mr. Warren expressed appreciation to Mr. Easter for his willingness to continue working on this request. He recognized approximately ten citizens, representing the neighborhood coalition, who were present at the meeting. He stated that it is his intention to remand this amended request to the Planning Commission. Mr. Micas stated that the Board's procedures provides for the public to comment on the motion to remand the request to the Planning Commission. Mr. Homer inquired as to whether the Board of Supervisors has the authority to request the Planning Commission to hear a certain request on a particular date and, if so, stated that he would like the Commission and the Board to consider the amended request at their July meetings. Mr. Micas stated that the Board can request, in its motion, that the Planning Commission hear the case at a particular meeting but cannot require that they do so. Mrs. Humphrey clarified that the Board could request that the Planning Commission consider Case 98SN0176 at its July 21, 1998 meeting, therefore, the Board of Supervisors would consider the request at its August 26, 1998 meeting. NO one came forward to speak in favor of or against remanding the proposed request to the Planning Commission. Mr. Warren made a motion, seconded by Mr. McHale, for the Board to remand Case 98SN0176 to the Planning Commission for the purpose of amending the request to include additional property and request the Commission make every effort to consider this request at their July 21, 1998 meeting. Mr. Daniel noted that he was considering not attending the evening session of the August 26, 1998 Board meeting, however, stated that he is willing to be flexible in changing the meeting date to consider this request or consider the request during the afternoon session of the meeting. Mr. Barber stated that he would support meeting on Tuesday, August 25, 1998. Mr. McHale requested that the Board decide on its meeting time at the next Board meeting. 98 502 6/2¢/98 Mrs. Humphrey called for the vote on the motion made by Mr. Warren, seconded by Mr. McHale, for the Board to remand Case 98SN0176 to the Planning Commission for the purpose of amending the request to include additional property and requested the Commission make every effort to consider this request at their July 21, 1998 meeting. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0157 In Clover Hill Magisterial District, RUDOLPH CONSTRUCTION CO. requested rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12) . A single family residential subdivision with a minimum lot size of 15,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential {R-12) District. The applicant has agreed to limit development to a maximum of sixteen (16} lots, yielding a density of 2.35 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 6.8 acres fronting approximately 700 feet on the west line of Clintwood Road, approximately 150 feet north of Dumaine Drive, also located at the western terminus of Dumaine Drive. GPIN 742 687 5026, 5864, 7824 and 7941 (Sheet 14). Ms. Rogers presented a summary of Case 98SN0157 and stated that staff recommend approval. She further stated that the Planning Commission recommends denial because of concerns relative to the proposal's lack of compatibility with what currently exists in the area, especially setbacks, lot and house sizes, density, amd architectural treatment. She noted that the request conforms to the Northern Area Land use and Transportation Plan. She stated that the applicant submitted two revised proffered conditions and four additional proffered conditions this afternoon in an attempt to address concerns raised by area residents. She further stated that since the proffers were not submitted in accordance with the Board's procedures, the Board would need to suspend its rules if it wishes to consider the revised and proffered conditions. She stated that the revised proffered conditions limit development to a maximum of thirteen lots, as opposed to sixteen lots originally proffered, and yield a density of 1.9 units per acre. She further stated that the new proffers require an overall minimum average lot size of 20,000 square feet; limits the nun~er of lots which could front along Clintwood Road to a maximum of four; prohibits wood, masonite, or stucco siding; requires a minimum setback for dwelling units on lots adjacent to Clintwood Road; and requires that any dwelling unit, located on a lot adjacent to Clintwood Road, front that road and have a brick front and sides. She noted that the proffers would allow a dwelling unit to side Clintwood Road, provided that all four sides of the dwelling unit are constructed with brick. She briefly reviewed other additional proffered conditions. ~8-503 6/24/98 Mr. Warren stated that he held a constituents meeting regarding this request on June 22, 1998 in which the applicant attended. He further stated that at that meeting, the applicant had no new proffers to offer. When asked, Ms. Rogers stated that staff received the new proffered conditions this morning. She further stated that the citizens attending this meeting this evening did not receive the proffers until the meeting began. Mr. Warren expressed concerns relative to the applicant submitting proffered conditions at such a late time in the process. He stated that he cannot support adding new proffered conditions at this time because he nor the citizens have had time to properly review the conditions. He further stated that by briefly reviewing the conditions, he does not feel they fully satisfy the issues. He stated that he is not interested in accepting the new proffered conditions at this time. Mr. Daniel stated that he concurred with the comments expressed by Mr. Warren. He further stated that the Board's policy is that it will not consider requests in which additional proffered conditions are submitted at a very late stage in the process. He stated that due to the lateness of the submitted proffers, he would not be prepared to vote on this request. He further stated that he would rather not consider the request at this time as the proffers were not submitted in sufficient time. Mr. Warren stated that he feels the additional proffers are an attempt to wear down the citizens' participation and that the applicant has had sufficient time to offer additional proffers. Mr. Barber stated that he agrees, to a great extent, with the comments expressed by Mr. Warren as it relates to accepting proffered conditions at such a late time. He further stated that he does feel that all cases should be given a thorough hearing. He stated that if the additional proffers address some of the concerns, he feels a deferral is more appropriate than not considering the revisions. Mr. Warren stated that the Planning Commission unanimously recommended denial regarding this request and yet the applicant had not offered additional concessions until today. He further stated that it is his recommendation that the Board consider the request, based on what was considered by the Planning Commission. Mr. Daniel stated that the only issue he has at this time is whether the Board is reasonably consistent in its process. He further stated that he supports deferring the request and to not hear the proposed request at this time. He stated that he does not feel hearing the proposed request at this time will solve anything. 98-504 6/24/98 Mr. Warren stated that it is his interest and the interest of citizens present this evening, to hear the request as originally proposed, however, if it is the majority of the Board to defer the request, he feels the citizens would support & deferral. Mr. McHale stated that he agrees that the Board should not suspend its rules and consider proffers at such a late stage, therefore, if the request is heard this evening, it would be considered without the new proffered conditions. He further stated that he could not vote on the request without the consideration of the new proffered conditions. He stated that he is somewhat uncomfortable with considering the request, knowing that discussions concerning the request took place as recently as June 22nd and the proffers were submitted as a result of that meeting. Mr. Warren clarified that the discussions which took place June 22nd concerning this request did not result in any change in the applicant's proffered conditions, however, the applicant came forward with new conditions this evening. He stated that based on the fact that there were no concessesions by the applicant at the meeting on June 22nd and recommendation of denial by the Planning Commission, the citizens assumed that the Board of Supervisors would at least take Lnto consideration the Planning Commission's recommendation. He further stated that he respects the input of the Board members regarding this request, however, he does not personally feel anything can be worked out regarding this request. He stated that if the Board feels this case could use further consideration, then he would support a deferral. Mrs. Humphrey stated that she will not support accepting additional proffered conditions at such a late stage in the process. She commended the citizens for their efforts regarding this request and stated that she would support a deferral at this time. Mr. Barber stated that he is sensitive to the comments regarding citizen involvement in this request. He further stated that he feels if the request is considered, as presented, it would not be approved, however, this property owner or a new property owner will submit an application again next year. He stated that he will support Mr. Warren in his recommendation, but stated that this fs a process that will repeat itself over and over until there is some success regarding this property. When asked, Mr. Andrew Scherzer, representing the applicant, stated that the applicant would agree to a ninety-day deferral. When asked, the citizens present at the meeting indicated that they would support a ninety day deferral. Mr. Warren made a motion, seconded by Mr. McHale, for the Board to defer Case 98SN0157 until September 23, 1998. 98-505 6/24/98 Ms. Aletha Hayes stated that the Lake Genito Subdivision, would prefer that the Board hear the request at this time, however, will support the deferral. Mr. Warren clarified that the applicant has agreed to the ninety-day deferral, which was upon the recommendation of the Board of Supervisors. Mr. Scherzer stated that the applicant does agree to a ninety day deferral. He further stated that a number of issues were discussed at the June 22, 1998 meeting and that the revised proffered conditions are only slightly different than what were verbally discussed at the meeting. He stated that the applicant has not created revised proffers at the last minute for any devious reason. He further stated that he feels the request deserves consideration, expressed appreciation to the Board for their recommendation for a deferral, and stated that the applicant looks forward to productively working with the Board regarding this request. He stated that the applicant will attempt to not allow this type of situation to occur in the future. Mr. Warren stated that he does not feel any devious actions were taken by the applicant; that his frustration relates to the process; and that the Board cannot condone the submission of proffered conditions at a late stage in the zoning process. Mrs. Humphrey called for the vote on the motion made by Mr. Warren, seconded by Mr. McHale, for the Board to defer Case 98SN0157 until September 23, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0182 In Dale Magisterial District, WALTER W. MARSH requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) . A single family residential subdivision with a minimum lot size of 12,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit development to 2.5 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use 1.0 to 2.5 units per acre and for light industrial use. This request lies on 78.1 acres fronting approximately 945 feet on the north line of West Belmont Road, measured from a point approximately 500 feet west of Licking Creek Drive. GPIN 759-677-0631 and 760-677-Part of 3805 (Sheet 21). Mr. Jacobsen presented a summary of Case 98SN0182. There was brief discussion relative to the location of recent plane crash at the County Airport. Mrs. Humphrey excused herself from the meeting. 98-806 6/2~/98 the the ~ocatioa of the subject property in r~!atlonshlp the Airport~ ~e stated that the Plannin~ Commigslon a~ staff recommends denial because the proposed zoning and land u~e does not eon£orm with the Ar a Plan. Mr. Walter W. Marsh stated that a~ter a fair ~meunt of Board remand the request to the Planning Commission ~o allow an amendment to include additional area for industrial development in the southern portion of the Mr. Daniel stated that he fe~l~ the only option for epplloan~ is to continue zo work on the request, ~e ~ur~her ~ata~ ~ha~ ~r. Marsh has raised some important issues to him regerdin~ this request. He ~tated that ha could not vote on the propesed request at this time end that he would like Board ~o allow ~ke applican~ additional time and opp0r~unity address issues relatinq to this request. He further stated that a Plan ia a PI. un and it must b~ followed, however~ a cam b~ a~ended. Ke stated 5hat hs feels i~ is time that a join~ mee~in~ b~ held between the Board e£ $upervissrs and the Plannln~ Commission to discuss ]and use issues. He further ~tated that the Board eau ~ither hear the case, in which will most likely be denied, 9r rsmaad the request to Mr. Barber stated a pt~blic hearin] still needs to be held on deferral or un the proposed request. Ke requested Mr. ~aniel ~0 mak~ a deoision on hearing the request or on a deferral and stated that he would be supportive of either recommendation. ~r. Daniel stated that he doe~ net support a deferral. Mr. Daniel then ~ads a motion~ seconded by Mr. Warren, for the Mr. Warren s~a~ad ~hat ha would like language added to the notion to explain why the reques~ is being remanded back to the Plennin~ Commission. Mr. Daniel ~a~ed ~het h~ feels the Plannin~ Commission is the proper body to examine all options, howevur, h~ is not s~nding the request back to the CommiSsion wi~h a dictate that re~ues~ be recommended for approval. Cas~ 98SN0182 to the Planning Commission. 9s ~07 s/24/~s I .................. J J 2~ Daniel, seconded by Mr. Warren, for the Board to ~amand Ca~e 9S~NQi@2 ~o the Planning Commission to allow the applicant tk~ opportunity to amend the request LO include a~di~ienal area for On motion of ~r, ~arber, seconded by Mr. NoKal~, ~ho ~oard adjuurn~d a~ 10:4~ p.m.~un~il July 29, i99s at 4:00 p.m. Ayes: Humphrey~ Warren, BarbeT~ Danisl~ and McHale~ R~ny ~. ~{umphroy Chairman