Loading...
05-27-1998 MinutesBOARD OF SUPERVISORS MI~TES May 27, 1998 Supervisors in Attendance: Staff 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 Colonel Carl R. Baker, Police Department Dr. William Bosker, School Superintendent Mr. Crs,ig Bryant, Dir., Mtilities Mr. Steven Calabro, Dir., County Airport Ms. Marilyn Cole, Asst. County Administrator Ms. Mary A~n Curtin, Dir., Legislative Services Ms. Becky Dickson, Dir., Budget and Management Chief P. W. Dolezal, Fire Department Mr. William D. Dupler, Building Official Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy CO. Admin., Human Services Ms. Tammy D. Haskins, Clerk to the Board Mr. Thomas E. Jacobson, Dir., Planning Mr. H. Edward James, Dir., Purchasing 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 Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy CO. AdlIlin., Community Development 98 313 5/27/98 Mrs. Humphrey called the regularly scheduled meeting to order at 4:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the minutes of April 22, 1998, as submitted. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey noted that several members of the Legislative Delegation will be present at the Board's dinner this evening to brief the Board on 1998 General Assembly results. 3. BOARD COMMITTEE REPORTS Mrs. Humphrey referenced a letter from Clover Hill High School expressing appreciation to the Board for the funds donated for their post prom party. She also referenced a card signed by the students along with a picture of their wrestling activity. She stated that she also received a letter from Mr. and Mrs. Charles Blocher, Sr., parents of Paul Blocher who was recently shot in the line of duty, expressing their appreciation to Chesterfield County, MCV, and the Fire Department for their quick response and efforts in saving their son's life. Mr. Barber stated that he held the first of four meetings regarding Route 288 and noted that the meeting was well received. He further stated that his next Constituents meeting will be held June 1, 1998 with the topic of discussion being Route 288. Mrs. Humphrey stated that her next constituents meeting will be held June 2, 1998 and that another Constituents meeting will be held June 8, 1998. Mr. Warren stated that his last Constituents meeting was held on the topic of the future of Chesterfield County and its youth and noted that the meeting was well attended. Mr. McHale stated that Capital One, one of the newest corporate constituents in the County, was at Camp Thunderbird this morning to brief County officials about their progress, noting that 600 jobs have been developed at the Rivers Bend location. He further stated that Capital One also made two generous grants to the County one for $100,000 to the Chester YMCA for the Capital One Child Care Center and the second for $130,000 to Chesterfield County Schools and to John Tyler Community College for a workforce development initiative. Mr. Daniel stated that the Lloyd C. High School Band performed, in recognition of their 20th Anniversary, at the Landmark 98 314 5/27/98 Theater, in which he and Mr. McHale attended. He further stated that the Band gave am outstanding performance and was very well attended. He stated that the Band is well known and has received many national accolades. He also noted tkat he will be retiring May 30, 1998 from Philip Morris, after approximately thirty years of service. 4. REOUESTS TO POSTPONE ACTION, ADDITIONS. OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. McHale, the Board added Item 4., Request to Change the Order of Presentation for Certain public Hearings and Zoning Requests on the Agenda; moved Item 7., Adoption of Resolution of Support for Designation of the James River as an American Heritage River to follow Item 8.C.23.g., Transfer of Dale District Three Cent Road Funds to Defray Costs of the Meadowdale/Meadowbrook Community Policing Office; deleted Item 8.C.16., Authorization to Exercise Eminent Domain for Acquisition of a Gas Easement to Provide Service to the Palling Creek Wastewater Treatment Plant Across Property of Peck Iron and Metal Company, Incorporated; added Item 8.C.19.c., Set Date for Public Hearing to Consider Adopting a UNo-Wake" Requirement for a Portion of Lake Chesdin to follow Item 8.C.19.b., Set Date for Public Hearing to Appropriate Funds for Completion of Development of Summerford Subdivision; replaced Item 8.C.20., State Road Acceptance; added Item 8.C.23.f., Transfer of Each District's Three Cent Road Funds to Purchase Uniforms and Equipment for the Chesterfield Soccer Club U/14 Soccer team to follow Item 8.C.23.e., Transfer of Matoaca and Dale Districts Three Cent Road Funds to Purchase Equipment for the County Babe Ruth Baseball Program; added Item 8.C.23.g., Transfer of Dale District Three Cent Road Funds to Defray Cost of the Meadowdale/Meadowbrook Community Policing office to follow Item 8.C.23.f., added attachment to Inem 17.B., Public Hearing to Consider a New Lease Agreement Between Chesterfield County and A.T. Massey Coal Company, Incorporated for a Hangar at the Chesterfield County Airport; and moved Item 8.C.10.d., Request for Permission from Mountaineer Properties, Incorporated to Construct a Concrete Retaining Wall and Fence on County Property to the May 28, 1998 Board meeting (which is a continuation of the May 27th meeting) and, adopted the Agenda, as amended. Ayes: Humphrey, Warren, Barber, Daniel, and McBale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING MR. ADDISON E. SLAYTON. JR., STATE COORDINATOR OF EMERGENCY SERVICES, UPON HIS RETIREMENT Ms. Lynda Furr, Coordinator of Emergency Services, introduced Mr. Addison E. Slayton, Jr. who was present to receive the resolution. 98 315 5/27/98 On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Addison E. Slayton, Jr. has diligently served the citizens of Chesterfield County and the State of Virginia as the State Coordinator of Emergency Services since 1985; and WHEREAS, Mr. Slayton joined the Virginia Department of Emergency Services in 1974 and served as Warden of the Virginia State Penitentiary and Associate Director, Division of Corrections, Department of Welfare and Institutions from 1956- 1974; and WHEREAS, Mr. Slayton has served in such distinguished positions as Chairman of the State Hazardous Materials Emergency Response Advisory Council; Chairman of the Virginia Emergency Response Council; Chairman of the Education and Public Affairs Committee of the National Emergency Management Association; Chairman of the Board of Visitors of the National Emergency Training Center; a member of the Virginia Joint Committee on Spill Prevention and Response Readiness; and a member of the National Business and Industry Advisory Council of the Emergency Broadcast System; and WHEREAS, Mr. Slayton has facilitated the establishment of many exemplary programs, such as the Virginia Hazardous Materials Emergency Response Program; the Virginia Oil and Hazardous Materials Emergency Response Plan; Virginia's first Hurricane Emergency Response Plan; and the Mutual Aid Compact for the Southern Governor's Association; and WHEREAS, in all these endeavors, Mr. Slayton has exemplified excellence in public service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Addison E. Slayton and extends their appreciation for forty-two years of public service and their congratulations upon his retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Slayton 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. Warren and Mr. Ramsey presented the executed resolution and an engraved plaque to Mr. Slayton, accompanied by his wife, Colonel Baker, Chief Elswick, and Ms. Furr, expressed appreciation for his dedicated service to the County and as State Coordinator of Emergency Services, commended him on his tremendous accomplishments, and wished him well in his retirement. Mr. Ramsey expressed appreciation to Mr. Slayton for all the assistance he has given Chesterfield County. 98-316 5/27/98 Ms. Furr expressed appreciation to Mr. Slayton for the service he has provided and for his cooperation and leadership over the years. Chief Elswick, on behalf of the Chesterfield Fire Department, presented Mr. Slayton with a badge, expressed appreciation for all the support he has provided the County, and wished him well in the future. Colonel Baker expressed appreciation to Mr. Slayton for his dedicated service and wished him well in his retirement Chief Dolezal expressed appreciation to Mr. Slayton for the support and guidance he has provided over the years and that his service will be missed by Chesterfield County. Mr. Slayton expressed appreciation for the recognition and stated that it has been a privilege and honor to serve as State Coordinator and to work so closely with Chesterfield County. 6. WORK SES I N There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. EW B I On motion of Mr. McHa!e, seconded by Mr. Barber, the Board suspended its rules at this time to allow simultaneous nomination/appointment of Clerk to the Board of Supervisors and nomination/appointment/reappolntmentof members to serve on the Capital Area Agency on Aging Board; the Industrial Development Authority; the Disability Services Board; the Richmond Metropolitan Authority; and the Citizens Technical Advisory Committee. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A. APP T S 8.A.1. CLERK TO THE BOARD OF SUPERVISOF$ After brief discussion~ on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Ms. Tammy D. Haskins to serve as Clerk to the Board of Supervisors whose term is effective May 30, 1998 and will be at the pleasure of the Board. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 9B-317 5/27/98 8.A.2. CAPITAL A~EA AGENCY ON AGING On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Bradford S. Hammer, representing Chesterfield County, to serve on the Capital Area Agency Board of Directors, whose term is effective July 1, 1998 and will expire June 30, 2001. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.3. INDUSTRIAL DEVELOPMENT AUTHORITY On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. John Ruckart, representing Dale District, to serve on the Industrial Development Authority, whose term is effective July 1, 1998 and will expire June 30, 2002. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.4. DISABILITY SERVICES BOA~RD On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mrs. Claire B. Velzy, representing Midlothian District, to serve on the Disability Services Board, whose term is effective immediately and will expire December 31, 1999. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. {It is noted that Mrs. Velzy is filling the unexpired term of Ms. Meade Boswell who resigned.) 8.A.5. RICHMOND METROPOLITA/~ AUTHORITY Mrs. Humphrey recognized Mr. Richard White who was present at the meeting and acknowledged the importance of those that serve on the Richmond Metropolitan Authority Board. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Richard White, representing Clover Hill District, whose term is effective July 1, 1998 and will expire June 30, 2002. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr Warren entered into the record a letter from the Chairman of the 360 Corridor Committee endorsing Mr. White for this appointment. 98-318 5/27/98 8.A.6. CITIZENS TECHNICAL ADVISORY COMMITTEE On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board simulnaneously nominated/reappointed Mr. Herbert Richwine, representing Dale District, to serve on the Citizens Technical Advisory Committee, whose term is effective July 1, 1998 and will expire June 30, 2000. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following streetlight installation cost approvals: Bermuda District * Lalonde Drive and Lalonde Place Cost to install light: $3,185.79 * Lalonde Place, vicinity of 15902 Cost to install light: $1,944.09 * Kriserin Court and Wellington Farms Drive, vicinity of 4901 Cost to install light: $2,422.81 * Gravel Neck Drive, corner opposite 10601 Cost to install light: $2,672.00 * North Enon Church Road, vicinity of 12708, on the existing pole Cost to install light: $41.27 Clover Hill District * Castle Glen Drive and Woodvale Court Cost to install light: $966.00 Dale District * Saldale Drive, in the cul de-sac Cost to install light: $2,092.76 Countv-wide Streetlicht Account: * Vicinity of Recycling Facility adjacent to the Animal Control Building Cost to install light: $638.45 * Intersection of Courthouse Road and Lucy Corr Drive Cost to install light: $3,286.08 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-319 S/27/98 S.C. CONSENT ITENS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING FIRE CHIEF F. WESLEY DOLEZAL UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREASr Fire Ckief F. Wesley Dolezal's fire service career began at the age of sixteen, in 1958, as a volunteer firefighter in the Manchester Volunteer Fire Department and was promoted to volunteer lieutenant in 1962; served as the President of the Manchester Volunteer Fire Department in 1968; and remained as a volunteer at Manchester through 1970; and WHEREAS, Chief Dolezal served as an emergency firefighter in the United States Coast Guard reserve from 1959-1969; and WHEREAS, Chief Dolezal was hired as Chesterfield's first fire training officer in 1969; developed the County's first basic fire training manuals and curriculum in 1970; introduced the use of video tape technology into the fire service in 1972; served as Battalion Chief in charge of the southern half of the County from 1974-1978; and was appointed as tke Chesterfield County's first Assistant Fire Chief in 1978, helping guide the department from being predominantly fire oriented to becoming a fire and rescue department; and WHEREAS, Chief Dolezal has served as Chairman of the Virginia Fire Service Council; served on the Executive Committee, the Legislative Committee, and President of the Virginia Fire Chiefs Association; served as a member of the Public Safety Policy Committee of the Virginia Municipal League; served as a charter member of the Equipment Maintenance Council; was the recipient of the Certificate of Merit for Outstanding Merit in the Field of Fire Protection from the Virginia Department of Education in 1978; was Chesterfield County's Employee of the-Year in 1982; served as a member of the Virginia State Fire Commission in 1983; and received the Certificate of Commendation for Exemplary Service to Humanity from the Veterans of Foreign Wars of the United States in 1984; and WHEREAS, Chief Dolezal was instrumental in establishing a State grant fund to assist localities in purchasing fire equipment and improving training facilities in 1986; served on the Governor's Task Force to develop a State wide emergency medical response plan for disasters in 1988; worked with the Congressional Fire Services Institute in Washington, D.C. on firefighter health and safety issues in 1991; worked with the Department of Defense's Naval Facilities Engineering Command to develop uniform firefighting vehicles for the U.S. Military in 1992; and prepared a safety bulletin for the National Transportation Safety Board on fire apparatus safety in 1992; and 98 32O 5/27/88 WHEREAS, Chief Dolezal served as Director of the International Association of Fire Chiefs' Maintenance Section, representing the southeastern United States; served on the Board of Directors and was Chairman of the Personnel Committee of the Chesterfield Employees Federal Credit Union; and was appointed by the Governor to the State Emergency Medical Services Advisory Board in 1996; and WHEREAS, Chief Dolezal was appointed Chief of the Chesterfield County Fire Department on July 1, 1996, responsible for a combination career and volunteer organization consisting of 350 career employees and 300 volunteers -- operating out of sixteen fire stations and covering 450 square miles and due to Chief Dolezal's initiative and long-range planning, the citizens of Chesterfield County supported four new fire and rescue stations in the 1996 Bond Referendumz and WHEREAS, as Chief, Chief Dolezal implemented a program to provide electronic traffic control at all County signalized intersections; began a County-wide study to review the delivery of emergency medical services to improve service delivery for Chesterfield citizens; and was instrumental in the initiation of the Public Safety Training Center in Enon; and WI{EREAS, throughout Chief Do!ezal's career, he bas enhanced the fire department; worked effectively with the Board of Supervisors and other elected representatives and officials; and has been a leader for regional cooperation. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Fire Chief F. Wesley Dolezal and extends their appreciation for his dedicated service to tko County and their congratulations and best wishes upon his retirement. A/~D, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Chief Dolezal 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 McRale. Nays: None. 8.C.l.b. RECOGNIZING MR. MORRIS G. VAUGFJkN. POLICE DEPARTMENT, ON HI RETIE ENT On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, Mr. Morris G. Vaughan will retire from the Chesterfield County Police Department on June 1, 1998; and WHEREAS, Mr. Vaughan has provided twenty-eight years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Vaughan has faithfully served the County in the capacity of Dispatcher and Patrol Officer; and 98-321 5/27/98 W~EREAS, Mr. Vaughan, for many years, provided guidance and direction for his fellow officers; and WHEREAS, Mr. Vaughan has been a reliable employee and has displayed a friendly and outgoing personality during his tenure with the Chesterfield County Police Department; and WHEREAS, Mr. Vaughan has expressed a high degree of concern and thoughtfulness for County en]ployees and citizens; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Morris Vaughan's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes Mr. Morris Vaughan and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Vaughan 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 8.C.l.c. RECOGNIZING MR. JO~ B. TITUS FOR HIS SERVICE AS PRINCIPAL AT MONACA/~ HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, Mr. John B. Titus served as Principal of Monacan High School from 1985 to 1998; and WHEREAS, as Principal, Mr. Titus exemplifies the ideals of leadership by consistently modeling personal standards of dignity, integrity, and character; and WHEREAS, Mr. Titus, through his wide ranging intelligence and understanding of the human character, inspires in others a serious quest for knowledge; and WHEREAS, Mr. Titus recognizes the significance of scholarship in his students and staff by providing a stimulating academic environment; and WHEREAS, in recognizing the School's mission to mold the academic and social development in its students, Mr. Titus shoulders the responsibility of providing a balanced curricular and extracurricular program for all; and WHEREAS, Mr. Titus supports students and staff activities with his presence and participation; and 98-322 5/27/98 WHEREAS, Mr. Titus motivates his produce their best efforts and, in turn, with individual commendation; and students and staff to rewards those efforts WHEREAS, Mr. Titus encourages professionalism among his colleagues and students by treating them with unfailing courtesy, fairness, and respect; and WHEREAS, through the example of his personal life and conduct, Mr. Titus touches and enriches the lives of countless students, staff, and citizens. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors commends Mr. John E. Titus for his thirteen years of dedicated service to the citizens of Chesterfield County and wishes him much success in the future. 2LND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Titus 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. 8.C.l.d. AUTHORIZING THE CRATER REGIONAL PARTNERSHIP TO RECEIVE FU~rDING FROM THE COMMONWEALTH OF VIRGINIA On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the ten jurisdictions within the Crater Planning District (cities of Colonial Heights, Emporia, Hopewell, and Petersburg and the Counties of Chesterfield, Dinwiddie, Greensville, Prince George, Surry, and Sussex) formally established the Crater Regional Partnership under the Virginia Regional Competitiveness Act; and WHEREAS, the Crater Regional Partnership qualified for fiscal year 1997-1998 Regional Competitiveness Program funding in September, 1997; and WHEREAS, the guidelines for Virginia's Regional Competitiveness Program require that participating local governments within the region adopt resolutions authorizing their partnership to receive State incentive funds on the participating jurisdiction's behalf. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Chesterfield agrees that the Crater Regional Partnership is authorized to receive 1998-2000 Regional Competitiveness Program funding on behalf of Chesterfield County to carry out the Partnership's approved Strategic Economic Development Plan. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-323 5/27/98 8.C.l.e. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD IIgDUSTRTAL DEVELOPMENT AUTHORITY FOR FINARCING OF iNDUSTRIAL REVENIIE BONDS FOR LUMBERG. INCORPORATED On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: The Industrial Development Authority of the County of Chesterfield ("Authority"), has considered the application of Lumberg, Incorporated (the "Applicant"), requesting the issuance of the Authority's revenue bonds in a principal amount not to exceed $3,000,000 (the "Ponds"). The proceeds of the Bonds will be used to assist the Applicant in financing the costs of constructing a building and purchasing and installing equipment for a manufacturing facility (the ~Project"). The project will be located on approximately 4.56 acres of land on Justice Road in the Sommerville Industrial Park in Midlothian, Virginia in the County of Chesterfield (the "County") and the new building will contain approximately 35,250 square feet of space. The applicant will use the Project in its business of manufacturing electronic components, including connectors for the industrial and electronics markets. The Applicant is a Virginia corporation that has its current principal place of business at 11351 Business Center Drive, Richmond, Virginia 23236 and will have its principal place of business at the Project site. Section 147(f) of the Internal Revenue Code of 1986, as amended {the ~Code") and Section 15.2-4906 of the Code of Virginia of 1950, as amended {the ~Virglnia Code"} provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of the County and the Project is located in the County. The Board of Supervisors of the County of Chesterfield, Virginia (the "Board") constitutes the highest elected governmental unit of the County. Following the public bearing held by the Authority on April 23, 1998, the Authority adopted a resolution (the "Inducement Resolution") in which it recommended and requested that the Board approve the issuance of the Bonds by the Authority. A copy of the Inducement Resolution, a brief summary of the Authority's public hearing and the Applicant's Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUI~TY OF CHESTERFIELD, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Autborlty in a principal amount not to exceed $3,000,000 for the benefit of the Applicant, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the 98-324 5/27/98 creditworthiness of the Project or the Applicant, but, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the County and the Authority, shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.l.f. RECOGNIZING J73NE 7-13, 1998 AS "NATIONAL HOMEOWNERSHIp On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, homeownership strengthens families, builds communities, and promotes economic growth as well as personal well being; and WHEREAS, Chesterfield County is actively engaged in increasing homeownership opportunities for its low and moderate income residents through the successful efforts of a partnership of public, private, and non profit organizations; and WHEREAS, the Chesterfield County Block Grant Office has primarily through the use of federal, local, and private resources and countless hours of volunteer work, managed to provide assistance for first-time homebuyers who are low and moderate income residents of Chesterfield County; and WHEREAS, Chesterfield County is committed to providing quality living environments for its residents. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of June 7 13, 1998 as ~National Homeownership Week". Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.1.~. RECOGNIZING THE 1998 MIDLOTHIAN MIDDLE SCKOOL GIRL~ SOCCER TEAM On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, Mr. Eric Robinson, Coach of the Midlothian Middle School Girls Soccer Team, has been in the field of coaching for the past twentywsix years; and 98-325 5/27/98 WHEREAS, under Mr. Robinson's guidance and direction, the 1998 Midlothian Middle School Girls Soccer Team finished the regular season with a 9 0 1 record, won the County tournament with a 12-0-1 record, and has a six year record of 73-1-4; and WHEREAS, the Midlothian Middle School Girls Soccer Team consists of Captain Ashley "Gidget" Pelans and her teammates -- Amanda "Spot" Creamer; Eve ~Twilight" Pollard; Allie ~'Freon" Moore; Jenna ~Hook" Ramer; Adrienne ~Quinn" Flinn; Sarah "Bud Rose; Avery "Aries" Drake; Ashley ~Torch" Moore; Myra ~Ridges" Roberts; Lisa ~Chuck" Spears; Morgann "Tiff" Wagner; Katie ~'Eck" Moore; Kelsie ~Dazzle" Bradberry; Jesse "Pooh" Whelan; Mary ~Rabid" Grief; Elizabeth "Yeller" Guise; Katie "Floz" Ford; Shannon ~Hypo" Lowe; Chrissy ~'Laree" Cogbill; Megan ~'Noey" Boardway; Heidi "Berg" Hinson; Kate ~Cobb" Cobbledick; Sarah ~Lowell" Doyle; Carl "Vicious~ Visotsky"; Avery ~Coffers" Coffman; Megan "Hersey" Miller; Allison "Boog" Powell; Robin "Walkie" Schaperjahn; and Emily "Cicely" Sounder. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby commends the 1998 Midlothian Middle School Girls Soccer Team for their outstanding accomplishments and splendid sportsmanship and expresses their best wishes, on behalf of Chesterfield County, for continued success. A~D, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to the Midlothian Middle School Girls Soccer Team and that this resolution be permanently recorded among the papers of this Eoard of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. $.C,l,h. MORALLY OBLIGATING THE BOARD TO FUND AAry SHORTFALL FOR THE APPOMATTOX REGIONAL GOVERNOR'S SCHOOL FOR THE ARTS A~rD TECH/~OLOGY On motion of Mr. McEale, seconded by Mr. Daniel, the Eoard adopted the following resolution: WHEREAS, the jurisdictions in the Appomattox Regional Area have recognized the benefit of an educational facility in the Area which is an integral part of the Governor's School Program established by the Commonwealth of Virginia to educate the most gifted students of the Area in the arts and technology; and WHEREAS, the Appomattox Regional campus of the Governor's School, located in the City of Petersburg, will serve students from eight Area localities; and WHEREAS, it is the desire of the parties that the Appomattox Regional Governor's School campus be financed solely by a combination of state, federal and private funding in the form of grants, credits, incentives and pledges; and 98 326 5/27/98 WHEREAS, a consortium of five banks (the ~Banks~) has committed to financing the principal amount of $10,400,00 to construct, expand, renovate and equip the old Petersburg High School into the new Appomattox Regional Governor's School; and WHEREAS, the Banks will hold a Note for such principal amount made by the Appomattox Governor's School, L.P. ("AGS"), a private, non-profit corporation. The Note, in addition to the Appomattox Regional Governor's School campus and the combined grants, credits, incentives and pledges to be obtained by the Appomattox Education Foundation, a private non-profit foundation ('~Foundation"), shall secure the obligation of $10,400,000 to repay the principal balance pursuant to the terms of the Note; and WHEREAS, the Foundation and the AGS expect that the combined grants, credits, incentives and pledges will ultimately be sufficient to repay the note plus the accrued interest payable under the terms of the Note; and WHEREAS, the Appomattox Educational Foundation is obligated to use its best efforts to promote the repayment of the Note plus accrued interest through such grants, credits, incentives and pledges; and WHEREAS, the County of Chesterfield, Virginia (~County") is willing to provide a non-binding and moral obligation to assist in paying certain deficits up to $2,000,000, as provided herein, with respect to that portion of the Note and accrued interest which is not ultimately paid by grants, credits, incentives, pledges and other non-County sources but only after such sources have failed to pay such deficits after demand and after a reasonable period of time to make such deficit payments through non-County sources has been afforded; and WHEREAS, if the County shall make a payment to the Banks which amount or portion thereof is ultimately collected by the Foundation, AGS, or by anyone else on behalf of the Foundation or AGS, from grants, credits, incentives, pledges or other non- County sources, the Foundation shall immediately refund to the County, with interest at the lawful statutory rate, the pa]anent made by the County to the Banks. NOW, THEREFORE, the County resolves that it will consider making payments to the Banks pursuant to a non-binding moral obligation under the following conditions: 1. The Foundation or AGS shall make payments to repay the Note and accrued interest from grants, creditsr incentives, pledges and other non-County revenue sources and will actively use its best efforts to obtain such non-County revenue. In the event that the revenues derived from the grants, credits, incentives, pledges and other non-County revenue sources and any other monies available to the Foundation, or AGS, or anyone else on behalf of the Foundation or AGS, for the purpose of making payments of principal and interest under the terms of the Note are insufficient to make such payments, the County's governing body will consider making a payment to the Banks in the amount necessary to prevent a default under the Note in combination with the payments made by other jurisdictions as provided herein. 98-327 5/27/98 2. The County's governing body shall not consider making any payments in excess of a combined total of $2,000,000 in payments. 3. Any monies provided by the County pursuant to this Resolution shall be immediately refunded by the Appomattox Educational Foundation, with interest accrued thereon at the lawful statutory rate, to the County if the Foundation or AGS receives any revenue from any source which, if such revenue had been available when the County provided such monies, such monies would not have been necessary to prevent a default under the terms of the Note. 4. The County shall be permitted to audit all records of the Banks, the Foundation or AGS regarding the Appomattox Regional Governor's School at any time, regardless of whether the County has made any moral obligation payments pursuant to this Resolution or not. This paragraph shall survive the full repayment of the Note, plus accrued interest, for two years after such repayment. 5. The County shall not be required to consider making any payments pursuant to this Resolution unless the Foundation shall specifically request the County to consider such payment and then only if such request complies with the provisions of this Resolution. If the County is satisfied that a payment complies with the provisions of this Resolution, it shall present the request to the Board of Supervisors for its consideration and decision at a public meeting. 6. The County's moral obligation under this Resolution is expressly contingent on other localities in the Appomattox Regional Area adopting moral obligation resolutions with the combined moral obligation amount of $1,000,000. Furthermore, notwithstanding any other provision of this Resolution, the County shall not be morally obligated to consider the payment of more than two-thirds of any payment requested by the Foundation. 7. The County shall not consider making a payment pursuant to this Resolution unless the County is satisfied that all other reasonably available non County revenue sources for such payment have been contacted by the Foundation, AGS, or the Banks and that such sources have been unable to make such payment, in whole or in part. The Foundation and AGS have specifically and affirmatively represented to the County that they expect non-County sources of revenue to be sufficient to retire the Note in full and on time in accordance with its terms and the County relies on these representations to adopt this Resolution. 8. This Resolution does not constitute an endorsement of the creditworthiness of the Appomattox Regional Governor's School project. The County shall not be obligated to pay to the Banks any payments pursuant to the terms of the Note except from the revenues and monies specifically approved therefor and from any other funds which may become available and are specifically approved therefor. Neither the faith or credit nor the taxing power of the Commonwealth or the County are or shall be pledged to any payments or payment requests pursuant to this Resolution. 98-328 5/27/98 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.2. APPROVAL OF DONATION OF FIRE UNIT #103 TO THE OLD DOMINION HISTORICAL SOCIETY On motion of Mr. McHale, approved the donation of Historical Society. seconded by Mr. Daniel, the Board Fire Unit #103 to the Old Dominion Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.3. APPROPRIATION OF FEE REVENUE AND INCREASE THE NEN~TAL HEALTH/MENTAL RETARDATION DEPARTMENT EXPENDITURE BUDGET On motion of Mr. McHale, seconded by Mr. Daniel, the Hoard appropriated $32,500 in fee revenue and increased the Mental Health/Mental Retardation/SubstanceAbuse Department expenditure budget by $32,500 to purchase equipment and other needed items. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.4. APPROVAL OF SCHOOL OPERATING FLrNDS FY98 THIRD OUARTER REVIEW On motion of Mr. McHale, seconded by Mr. Daniel, the Board increased both State sales tax and the School Operating transfer by $434,000; increased estimated various sources of revenue as well as the Instruction appropriation by $140,846; increased the School Federal Food Services by $230,000; and increased the School Non-Federal Food Services by $125,000, for a total increase in School Operating Funds of $495,846. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.5. APPROVAL OF FY98 YEAR END ~-DJUSTMENTS On motfon of Mr. McHale, seconded by Mr. Daniel, the Board appropriated revenues and expenditures for specific programs as well as authorized reallocations among General Fund departments and related funds; appropriated revenues and expenditures for specific programs and non-General Fund departments~ and authorized the County Administrator to carry forward into the FY99 budget unspent FY98 appropriations, continent upon the positive results of operations within individual departments and County-wide, as determined by the County's financial audit. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-329 5/27/98 8.C.6. AUTHORIZATION TO CREATE TWO POSITIONS IN THE INFOR/~ATION SYSTEMS TECHI~0LOGY DEPARTMENT ~ APPROPRIATION OF REVENUES AND EXPENDITURES 0n motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the creation of two positions within the Information Systems Technology Department and appropriated revenues and expenditures, in the amount of $104,000, effective July 1, 1998 for these positions. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.7. AUTHORIZATION FOR THE POLICE DEPARTMENT TO APPLY FOR A FEDERAL COPS GRANT TO PROVIDE FUNDING FOR TWENTY- THREE COMbEJNITY POLICING POSITIONS On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Police Department to apply for a Community Oriented Policing Services Grant, in the estimated amount of $1,725,000, to provide funding for creation of twenty-three police officer positions and appropriate the necessary funds if approved. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.8. AWARD OF CONSTRUCTION CONTRACTS 8.c.8,a. TO T & E CONSTRUCTION COMPA/~Y, INCORPOP3%TED FOR THE RUFFIN MILL ROAD WATER MAIN EXTENSION PROJECT On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the County Administrator to enter into a contract with T & E Construction Company, Incorporated, in the amount of $663,332.00, for the Ruffin Mill Road Water Main Extension Project, and authorized 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. 8.C.8.b. TO GERALD K. MOODY T/A SOUTHERN CONSTRUCTION COMPAI~Y FOR THE ALDRIDGE AVENGE WATER LINE REHABILITATION PROJECT On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the County Administrator to enter into a contract with Gerald K. Moody T/A Southern Construction Company, in the amount of $106,066.79, for the Aldrige Avenue Water Line Rehabilitation Project, and authorized 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.) 98-330 5/27/98 8,C.8.c. TO CQRFU CONTP~ACTOR'S. INCORPOP. ATED FOR TME TA~-K REPAIR A-ND PAINTING-DUTCH GAP ~ CENTRALIA TA/~KS PROJECT On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the County Administrator to enter into a contract with CORFU Contractor's Incorporated, in the amount of $464,100.00, for the Tank Repair and Painting Dutch Gap and Centralia Tanks Project, and authorized 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. 8.C.9. CONVEYANCE OF EASEMENTS 8.C.9.a. TO BELL ATLANTIC-VIRGINIA, INCORPORATED TO INSTALL UNDERGROUND TELEPHONE CABLES TO PROVIDE SERVICE TO THE LUCY CORR NURSING HOME ADDITION On motion of Mr. McHale, seconded by Mr. Daniel, 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 install underground telephone cables to provide service to the Lucy Corr Nursing Home addition. (It is holed a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McKale. Nays: None. 8.C.9.b. TO COLUMBIA GAS OF VIRGINIA, INCORPOP~ATED FOR THE INSTALLATION OF GAS LINES IN THE BAILEY BRIDGE ROAD AREA On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas of Virginia, Incorporated for the installation of gas lines in the Bailey Bridge Road area. (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. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR THE RELOCATION OF THE UNDERGROUND PRIMARY m~mnE FOR T~E EXPANSION OF LLOYD C. BIRD HIGH On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for the relocation of the underground primary cable for the expansion of Lloyd C. Bird High School. {It is noted a copy of the plat is filed with the papers of this Board.) 98 331 5/27/98 Ayes: Humphrey, Warren, Barber~ Daniel, and McHale. Nays: None. 8.C.10. REOUESTS FOR PERMISSION 8.C.10.a. FROM PATRICK J. AND DIANE S. MILLER TO }IAVE AN EXISTING FENCE ENCROACH WITHIN A PORTION OF A SIXTEEN FOOT DRAINAGE EASEMENT, SIXTEEN FOOT SEWER EASEMENT, AND A TEN FOOT EASEMENT ACROSS LOT 36, FOXCROFT. SECTION VI On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved a request from Patrick J. and Diane S. Miller to have an existing fence encroach within a portion of a sixteen foot drainage easement, sixteen foot sewer easement, and a ten foot easement across Lot 26, Foxcroft, Section VI, subject to the execution of a license agreement. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.10.b. FROM EUGENE T. MAPP FOR AN EXISTING CARPORT TO ENCROACH WITHIN A SIXTEEN FOOT WATER EASEMENT A~D A SIXTEEN FOOT SEWER EASEMENT On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved a request from Eugene T. Mapp for an existing carport to encroach within a sixteen foot water easement and a sixteen foot sewer easement, subject to the execution of a license agreement. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.10.c. FROM AMPLE STORAGE-HAMLIN CREEK. L.L.C. FOR CONCRETE CURB AND GUTTER TO ENCROACH WITHIN PROPOSED EIGNT FOOT A~D SIXTEEN FOOT WATER EASEMENTS On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved a request from Ample Storage-Hamlin Creek, L.L.C. to have concrete curb and gutter encroach within proposed eight foot and sixteen foot water easements, 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. 98-332 5/27/98 8.C.11. REOUESTS TO OUITCLAIM 8.C.ll.a. A PORTION OF A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS THE PROPERTY OF MARK P. CQOKE On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen foot drainage easement across the property of Mark P. Cooke. (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.C.11.b. A SIXTEEN FOOT DP~AINA~E EASEMENT ACROSS PROPERTY OWNED BY RIVER'S BEND LIMITED PARTNERSHIP On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a drainage easement across property owned by River's Bend Limited Partnership, a Virginia Limited Partnership. (It Ks noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.12. APPROVAL TO PURCHASE PARCELS OF LAND 8.C.12.a. FOR THE CHESTER LIBRARY/ARTS CENTER SITE FROM CHESTER DEVELOPMENT ASSOCIATES. L.C. On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved the purchase of a parcel of land containing four acres lying west of Centre Street, for $50,000.00 per acre plus development, site, closing, and acquisition costs, estimated at $440,000.00, for the new Chester Library/Arts Center Site from Chester Development Associates, L.C. and authorized the County Administrator to execute the sales contract and deed. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.12.b. FOR THE WESTERN AREA PARK FROM IRVIN G~ HORN-ER, ET. AL~, On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved the purchase of a parcel of land containing 246.4 acres, more or less, lying south of Genito Road, in the amount of $4,500.00 per acre plus closing and acquisition costs, estimated to be $20,000, for the Western Area Park from Irvin G. Horner, et. als. and authorized the County Administrator to execute the sales contract and deed. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 333 5/27/98 8.C.13. APPROVAL OF UTILITY CONTP. ACT FOR THE HILL SPRIMG. SECTION 1 AT STONEY GLEM WEST PROJECT On motion of Mr. McHale, seconded by Hr. Daniel, the Board approved a Utility Contract for the Eill Spring, Section 1 at Stoney Glen West Project, which project includes the extension of 1910 L.F. ± of sixteen foot oversized water lines as follows: Developer: Contractor: R.M.C. Contractors, Contract Amount: Estimated Total Total Estimated County Cost: Water (Oversizing) (Refund thru connections) Estimated Developer Cost: Code: (Oversizing) District: Bermuda The Reeds Landing Corporation Inc. $239,918.00 $ 40,665.00 $192,253.00 5B 572V0 E4C Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.14. ACCEPTANCE OF PARCELS OF LAArD 8.C.14.a. FOR THE EXTENSION OF VILLAGE SOUARE PARKWAY FROM MILLWOOD SCHOOL On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of a parcel of land containing 3.098 acres for the extension of Village Square Parkway from Millwood School 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~C.14.b. FOR THE EXTENSION OF KINGSTON AVENUE FROM RIVER'S BEND LIMITED PARTNERSHIP On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of a parcel of land containing 1.21 acres for the extension of Kingston Avenue from River's Bend Limited Partnership 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,C.14.c. ADJOINING THE NORTH RIGHT-OF-WAY LIME OF NESTR-U-NDRED ROAD FROM D.S.R., L.L.C. On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of two parcels of land -- one containing 0.233 acres and one containing 0.008 adjoining the north right- of-way line of West Hundred Road (State Route 10) from D.S.R., L.L.C., and authorized the County Administrator to execute the 98-334 5/27/98 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.C.14.d. ALONG THE NORTH RIGHT-OF-WAY LINE OF IRONBRIDGE ROAD FROM COMCAST CABLEVISION OF CHESTERFIELD. INCORPORATED On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of a parcel of land containing 0.058 acres along the north right-of way line of Ironbridge Road from Comcast Cablevislon of Chesterfield, 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.C.14.e. FOR PROPOSED LONAS PARKWAY FROM 360 CAPITAL PARTNERSHIP. L.L,P, On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of a parcel of land containing 5.685 acres for Proposed Lonas Parkway from 360 Capital Partnership, L.L.P., a Virginia Limited Liability Partnership, and authorized the County Administrator to execute the necessary 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.C.14. f. ON THE NORTH RIGHT-OF-WAY LINE OF RIVER'S BEND BOULEVARD EXTENDED FROM RIVER'S BEND LIMITED PARTNERSHIP On motion of Mr. McBale, seconded by Mr. Daniel, the Board accepted the conveyance of a parcel of land containing .052 acres for a pressure reducing vault located on the north right- of-way line of River's Bend Boulevard Extended from River's Bend Limited Partnership 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. 98-335 5/27/98 8.C.14.~. ALONG THE EAST RIGRT-OF-WAY LINE OF JEFFERSON DAVIS HIG}rWAY FROM PHILIP J. WI~ITE, III A~D JACOUELINE WI{ITE On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of a parcel of land containing 0.089 acres along the east right-of-way line of Jefferson Davis Highway, (State Route 1 and 301) from Philip J. white, III and Jacqueline White 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.C.14.h. FOR PROPOSED GALENA AVENUE FROM JEFF DAVIS, L.L.C. On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of a parcel of land containing 0.675 acres for Proposed Galena Avenue, extending from the east right- of-way line of Jefferson Davis Highway (State Route 1 and 301) from Jeff Davis, L.L.C., and authorized the County Administrator to execute the necessary deed, subject to the necessary assurances that Galena Avenue will be constructed and accepted into the VDOT State Secondary Maintenance System. (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.C.15. DESIGNATION OF RIGHT-OF-WAYS 8.C,15.a. FOR THE THOMAS DALE HIGH SCHOOL EXPANSION PROJECT On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved the designation of right-of-way for the Thomas Dale High School Expansion Project and authorized the County Administrator to execute the necessary Declaration. (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. $,C.15.b. FOR MOUNT HERMON ROAD EXTENDED On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved the designation of right-of-way for future Mount Herman Road extension and authorized the County Administrator to execute the necessary Declaration. (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. S8-336 5/27/98 8.C.17. APPROVAL OF CHANGE ORDER }~UMBER TWO FOR THE ALTERATIONS/ADDITIONS TO THE UTILITY OPERATIONB CENTER PROJECT On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved Change Order Number Two, for an increase of $93,209.00 and appropriated an additional $30,000.00 for the Alterations/Additions to the Utility Operations Center Project and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.18. APPROVAL OF LEASE OF PROPERTY WITH COURT SQTTAW~, INCORPOP~ATED FOR OFFICE SPACE FOR THE PLANNING DEPART~EN=f On motion of Mr. HcHale, seconded by Mr. Daniel, the Board approved a lease with Court Square, Incorporated for office spaced located at 9844 Lori Road for the Planning Department Zoning Inspection Division, effective June 1, 1998 and authorized the County Administrator to execute the lease agreement. (It is noted the lease covers a period of forty- eight months at a total cost of $85,263.00.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.19. SET DATES FOR PUBLIC NEARING~ 8.C.19.a. TO CONSIDER AMENDMEMTS TO THE ZONING AND EROSION CONTRLRDQ~ On motion of Mr. McHale, seconded by Mr. Daniel, the Board set the date of June 24, 1998 at 7:00 p.m. for a public hearing to consider amendments to the zoning and erosion control ordinances. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.19.b. TO APPROPRIATE ~DNDS FOR COMPLETION OF DEVELOPMENT OF S~ERFORD SUBDIVISION On motion of Mr. McHale, seconded by Mr. Daniel, tke Board set the date of June 24, 1998 at 7:00 p.m. for a public hearing to consider appropriating $531,361.00 to complete the development of Summerford, Section 1. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 337 5/27/98 8.C.19.c. TO CONSIDER ADOPTING A ~N0-WAKE" REOUIREMENT FOR A PORTION OF LAKE CNESDIN On motion of Mr. McHale, seconded by Mr. Daniel, the Board set the date of June 24, 1998 at 7:00 p.m. for a public hearing to consider adopting a "no-wake" requirement for a portion of Lake Chesdin. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.20. 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 roads in Eaglewood, Section 3, Clover Hill District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Eaglewood, Section 3, Clover Hill 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. Daniel, it is resolved that the roads in Eaglewood, Section 3, Clover Hill 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: Glenhurst Court Length: 0.06 mile From: End of cul-de-sac, 0.09 mile southeast of Northland Drive, State Route 790 To: Existing State Route 4224, 0.03 mile south of Northland Drive, State Route 790 Guaranteed Right-of Way Widtk: 50 feet. Name of Street: Castle Glen Drive Length: 0.20 mile From: Existing Castle Glen Drive, State Route 4222, 0.08 mile north of Castle Glen Terrace, State Route 4220 To: Existing Castle Glen Drive, State Route 4222, 0.04 mile south of Northland Drive, State Route 790 Guaranteed Right-of Way Width: 50 feet. Name of Street: Grovecrest Court Length: 0.07 mile From: Cul-de sac, 0.07 mile west of Castle Glen Drive To: Castle Glen Drive, 0.10 mile south of Northland Drive, State Route 790 Guaranteed Right-of Way Width: 50 feet. 98 338 5/27/98 Name of Street: Woodvale Court Length: 0.08 mile From: Cul-de-sac~ 0.08 mile west of Castle Glen Drive To: Castle Glen Drive, 0.18 mile south of Northland Drive, State Route 790 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. These roads serve 47 lots. This section of Eaglewood is recorded as follows: Section 3, Plat Book 86, Pages 16 and 17, November 2, 1994. 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 Fernbrook, Chatham Grove, Phase IV, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation kas advised the Director of Environmental Engineering, the streets in Fernbrook, Chatham Grove, Phase IV, Dale District, meet 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. Daniel, it is resolved that the roads in Fernbrook, Chatham Grove, Phase IV, Dale 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: Land Grant Drive Length: 0.10 mile From: Cul de-sac, 0.10 mile southeast of Chatham Grove Lane, State Route 3245 To: Chatham Grove Lane, State Route 3245, 0.03 mile east of Wind Grove Court, State Route 3247 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Cane Mill Lane Length: 0.25 mile From: Cul-de sac, 0.25 mile west of Chatham Grove Lane, State Route 3245 TO: Chatham Grove Lane, State Route 3245, 0.03 mile northwest of Wind Grove Court, State Route 3247 Guaranteed Right-of-Way Width: 50 feet~ 98-339 5/27/98 Name of Street: Locksley Lane Length: 0.09 mile Prom: Cul-de-sac, 0.09 mile southeast of Cane Hill Lane To: Cane Mill Lane, 0.06 mile west of Chatham Grove Lane, State Route 3245 Guaranteed Right-of-Way Width: 40 feet. Name of Street: Locksley Place Length: 0.04 mile From: Cul-de-sac, 0.04 mile southwest of Locksley Lane TO: Locksley Lane, 0.04 mile south of Cane Mill Lane Guaranteed Right-of-Way Width: 40 feet. Name of Street: Double Tree Lane Length: 0.09 mile From: Cul-de sac, 0.09 mile south of Cane Mill Lane To: Cane Mill Lane, 0.16 mile west of Chatham Grove Lane, State Route 3245 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 57 lots. This section of Fernbrook, Chatham Grove, is recorded as follows: Section IV, Plat Book 82, Page 41, October 13, 1993. 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 Meadowbrook Springs, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Meadowbrook Springs, Dale District, meets the requirements established by the Subdivision Street R~guirements 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. Daniel, it is resolved that the road in Meadowbrook Springs, Dale 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 Sectio~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Gilling Road Length: 0.08 mile 9s-340 5/27/98 From: Cul-de-sac, 0.12 mile west of South Melbeck Road, State Route 2118 To: Existing Gilling Road, State Route 2117, 0.04 mile west of South Melbeck Road, State Route 2118 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 12 lots. Meadowbrook Springs is recorded as follows: Plat Book 84~ Page 8, April 25, 1994. 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 kis examination of the roads in Antler Ridge, Section 10, Clover Hill District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, tke streets in Antler Ridge, Section 10, Clover Hill District, meet the requirements established by the Subdivision Street ReauiremenCm 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. Daniel, it is resolved that the roads in Antler Ridge, Section 10, Clover Hill 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: Whirlaway Drive Length: 0.07 mile From: Existing Whirlaway Drive, State Route 4901, 0.06 mile northeast of Alysheba Lane, State Route 4990 To: End of section limits, 0.13 mile northeast of Alysheba Lane, State Route 4990 Guaranteed Right-of Way Width: 50 feet. Name of Street: Ferdinand Lane Length: 0.18 mile From: Whirlaway Drive, 0.09 mile northeast of Alysheba Lane, State Route 4990 To: Cul-de sac, 0.18 mile northwest of Whirlaway Drive Guaranteed Right-of Way Width: 50 feet. 98-341 5/27/98 Name of Street: Seattle Slew Lane Length: 0.07 mile From: Ferdinand Lane, 0.14 mile northwest of Whirlaway Drive To: End of section limits, 0.07 mile east of Ferdinand Lane 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. These roads serve 30 lots. This section of Antler Ridge is recorded as follows: Section 10, Plat Book 87, Page 15, February 3, 1995. 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 Beechwood Forest, Section 1, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Beechwood Forest, Section 1, Matoaca District, meet the requirements established by tke 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. Daniel, it is resolved that the roads in Beechwood Forest, Section 1, Matoaca 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: Beechwood Forest Drive Length: 0.45 mile From: Bundle Road, State Route 654, 0.39 mile south of Woodpecker Road, State Route 626 To: End of section limits, 0.45 mile southeast of Bundle Road, State Route 654 Guaranteed Right of-Way width: 50 feet. Name of Street: Appleway Court Length: 0.04 mile From: Cul-de-sac, 0.04 mile northeast of Beechwood Forest Drive TO: Beechwood Forest Drive, 0.19 mile east of Bundle Road, State Route 654 Guaranteed Right-of-Way Width: 50 feet. 98-342 5/27/98 Name of Street: Bridlewood Court Length: 0.09 mile From: Beechwood Forest Drive, 0.32 mile southeast of Bundle Road, State Route 654 To: Cul de sac, 0.09 mile east of Beechwood Forest Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Cedarmill Court Length: 0.16 mile From: Cul de sac, 0.16 mile west of Beechwood Forest Drive TO: Beechwood Forest Drive, 0.34 mile southeast of Bundle Road, Btate Route 654 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 tko development plat. These roads serve 38 lots. This section of Beechwood Forest is recorded as follows: Section 1, Plat Book 74, Pages 74 and 75, March 7, 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 roads in Beechwood Forest, Section 2, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Beechwood Forest, Section 2, Matoaca District, meet the requirements established by the Subdivision Street Reauirements 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. Daniel, it is resolved that the roads in Beechwood Forest, Section 2, Matoaca 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: Beechwood Forest Drive Length: 0.tl mile From: Hunters Hawk Drive, 0.56 mile southeast of Bundle Road, State Route 654 To: Section limits at existing Beechwood Forest Drive, 0.45 mile southeast of Bundle Road, State Route 654 Guaranteed Right-of-Way Width: 50 feet. 98 343 5/27/98 Name of Street: Hunters Hawk Drive Length: 0.07 mile From: End of road, 0.06 mile west of Beechwood Forest Drive TO: End of road, 0.01 mile east of Beechwood Forest Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Hunters Hawk Court Length: 0.22 mile From: Cul-de sac, 0.22 mile southwest of Hunters Hawk Drive To: Hunters Hawk Drive, 0.05 mile west of Beechwood Forest Drive 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. These roads serve 21 lots. This section of Beechwood Forest is recorded as follows: Section 2, Plat Book 88, Pages 67, 68, and 69, August 25, 1995. 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 Brookstone, Section A, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Brookstone, Section A, 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 2493, 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. Daniel, it is resolved that the roads in Brookstone, Section A, 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: Derby Ridge Way Length: 0.33 mile From: End of road, 0.33 mile southwest of Robious Road, State Route 711 To: Robious Road, State Route 711, 0.65 mile west of Robious Forest Way, State Route 4193 Guaranteed Variable Right of-Way Width: 65 to 90 feet. 98-344 5/27/98 Name of Street: Arborcraft Drive Length: 0.07 mile From: Derby Ridge Way, 0.05 mile south of Robious Road, State Route 711 To: Temporary cul-de sac, 0.07 mile east of Derby Ridge Way Guaranteed Right-of-Way Width: 50 feet. Name of Street: Derby Ridge Loop From: Derby Ridge Way, 0.28 mile Route 711 TO: Derby Ridge Way, 0.05 mile Route 711 Guaranteed Right-of-Way Width: 50 Name of Street: Derby Ridge Court Length: 0.21 mile south of Robious Road, State south of Robious Road, State feet. Length: 0.04 mile From: Cul-de-sac, 0.04 mile south of Derby Ridge Way To: Derby Ridge Way, 0.04 mile west of Derby Ridge Loop Guaranteed Right-of-Way Width: 50 feet. Name of Street: Fox Hurst Drive Length: 0.04 mile From: End of section limits, 0.04 mile south of Derby Ridge Way To: Derby Ridge Way, 0.04 mile east of Derby Ridge Loop 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. These roads serve 43 lots. This section of Brookstone is recorded as follows: Section A, Plat Book 85, Page 83, October 7, 1994. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .C.21. On motion of Mr. McHale, seconded by Mr. Daniel, approved a request to write-off uncollectible receivable, totaling $199,932.93. APPROVAL OF REOUEST TO W/~ITE-OFFLrNCOLLECTIBLE the Board accounts Ayes: Humphrey, Warren, Barber, Daniel, and McHele. Nays: None. 8 .C.22. APPROVAL OF REOUEST TO AID LUTHER L. CAUDLE IN TH~ ACOUISITION OF A VARIABLE WIDTH WATER EASEMEI~T On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized Right-of Way staff to aid Luther L~ Caudle in the acquisition of a variable width water easement across property of Midlantic (Richmond) Investors, L.P., subject to the execution of a contract agreeing to pay for all costs. (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. 98-345 5/27/98 8.C.23. TRANSFER OF THREE CENT RQAD FUNDS 8.C.23.a. FROM EACH OF THE FIVE MAGISTERIAL DISTRICTS TO DEFRAY COSTS OF THE FIFTEENTH NATIONAL NIGHT OUT EVEBFP On motion of Mr. McHale, seconded by Mr. Daniel, the Board transferred $300 from each of the five Magisterial Districts Three Cent Road Funds, (totaling $1,500), to the Police Department Budget to defray costs of sponsoring the 15th Annual National Night Out Event. Ayes: Humphrey, Warren, Barber, Daniel, and McRale. Nays: None. 8.C.23.b. FROM MATOACA, CLOVER HILL, DALE, ~ MIDLOTHIAN DISTRICTS TO PURCHASE FLAGS FOR COO-NTY SCHOOLS On motion of Mr. McHale, seconded by Mr. Daniel, the Board transferred $2,170.00 in Three Cent Road Funds ($744 from Matoaca, $620 from Clover Hill, $186 from Dale, and $620 from Midlothian) to the School Board to purchase flags for County schools. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,C.23.c. FROM MIDLOTHIA~ DISTRICT TO SUPPLEMENT THE FY99 THEATRE IV COM~4%rk~ITY SERVICES CONTP, ACT On motion of Mr. McHale, seconded by Mr. Daniel, the Board transferred $2,000 from the Midlothian District Three Cent Road Fund to supplement the FY99 Community Services Contract between the County and Theater IV. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.23.d. FROM MATOACA DISTRICT FOR RENOVATION OF A SOFTBALL FIELD AT ETTRICK PARK On motion of Mr. McHale, seconded by Mr. Daniel, the Board transferred $900 from the Matoaca District Three Cent Road Fund to the Parks and Recreation Department for the renovation of a softball field located at Ettrick Park. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C.23.e. FROM MATOACA AND DALE DISTRICTS TO pURCHASE EO~IPMENT FOR THE COLrNTY BABE RUTH BASEBALL PROGP~AM On motion of Mr. McHale, seconded by Mr. Daniel, the Board transferred $750 from each of the Matoaca and Dale Districts Three Cent Road Fund, (totaling $1,500), to the Parks and Recreation Department to purchase equipment for the County Babe Ruth Baseball Program. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-346 5/27/98 8.C.23.f. FROM EACH OF THE FIVE MAGISTERIAL DISTRICTS TO PURCHASE UNIFORMS AND EOUIPMENT FOR THE CHESTERFIELD SOCCER CLUB U/14 SOCCER TEAM Mr. Daniel disclosed to the Board that his nephew plays on the Chesterfield Soccer Club U/14 Soccer team, declared a conflict of interest under the Conflict of Interest Act, and excused himself from the meeting. Mr. Barber requested that staff defer consideration of this item until the May 28, 1998 meeting. He stated that he has questions concerning the item. He further requested that the Chairman of the Board request staff to develop a policy that addresses athletic equipment. He stated tha% more of these requests are coming before the Board. He further stated that he would have considered pulling the item regarding the Babe Ruth Baseball Program, however, he will not do so at this time because the County Attorney has indicated that item is different than this item. He stated that he feels a plan needs to be developed that addresses these types of expenditures. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board withdrew Item 8.C.23.f., Transfer of Three Cent Road Funds from each of the five Magisterial districts to purchase uniforms and equipment for the Chesterfield Soccer Club U/14 Soccer Team, from Agenda and deferred the issue to the May 28, 1998 Agenda. Mrs. Humphrey acknowledged the importance of addressing issues such as this and requested staff to address a plan that will assist in the area of these types of expenditures. Mrs. Humphrey called for the vote on the motion made by Mr. Barber, seconded by her, for the Board to withdraw item 8.C.23.f., Transfer of Three Cent Road Funds from each of the five Magisterial districts to purchase uniforms and equipment for the Chesterfield Soccer Club U/14 Soccer Team, from the Agenda and defer the issue to the May 28, 1998 Agenda. Ayes: Humphrey, Warren, Barber, and McHale. ~bsent: Daniel. 8.C.23.a. FROM DALE DISTRICT TO DEFRAY COSTS OF THE MEADOWDALe/ COM~I/NITY POLICING OFFICE On motion of Mr. McHale, seconded by Mr. Daniel, the Board transferred $2,000 from the Dale District Three Cent Road Fund to the Police Department to defray costs of the Meadowdale/Meadowbrook Community Policing Office. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 347 5/27/98 ADOPTION OF RESOLUTION OF SUPPORT FOR DESIGNATION OF T~E JAMES RIVER AS A~ AMERICAN BERITAGE RIVER On motion of Mr. McHale, seconded by Mr. Daniel, the Board tabled consideration to adopt a resolution of support for designation of the James River as an Amercian Heritage River. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED ~2~TTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. Mrs. Humphrey recognized Mr. Bob Walker, President of Appomattox Region Foundation, who was present at the meeting in support of Item 8.C.l.h., Adoption of a Resolution Morally Obligating the Boards to Fund any Shortfall for the Appomattox Regional Governor's School for the Arts and Technology. She acknowledged the importance of how this action will assist in facilitated classes. Mr. Walker expressed appreciation to the Board for their support of the Governor's School. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Warren, 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: ADDITIONS LENGTH BRENTWOOD. SECTION - (Effective April 9. 1998) Route 3656 (Belfleld Circle) From 0.13 mile Southwest Route 1845 to Route 1845 0.13 Mi Route 3657 (Belfield Terrace) - Prom Route 1845 to 0.14 mile Northeast Route 1845 0.14 Mi DEER RUN. SECTION 2 - (Effective April 10. 1998) Route 4713 (Buck Rub Drive) - From 0.02 mile Northeast Route 4914 to 0.05 mile West Route 4716 0.22 Mi 98-348 5/27/98 DEER RUN, SECTION 2 Route 4769 (Velvet Antler Circle) - From Route 4702 to 0.03 mile East Route 4702 0.03 Mi Route 4766 (Velvet Antler Court) - From 0.10 Mile Southeast Route 4702 to Route 4702 0.10 Mi Route 4702 (Velvet Antler Drive) - From 0.01 Mile South Route 4701 to 0.02 mile South Route 4706 0,70 Mi Route 4767 (Velvet Antler Run) - From 0.09 mile West Route 4702 to Route 4702 0.09 Mi Route 4768 (Velvet Antler Trail) From 0.08 Mile Southwest Route 4702 to Route 4702 0.08 Mi Route 4704 (Velvet Antler Way) - From Route 4702 to 0.02 mile Northwest Route 4702 0.02 Mi MILLCREEK. SECTION 4 - (Effective 4 24 98~ Route 3779 (Roland View Court) - From 0.08 mile West Route 3455 to Route 3455 0.08 Mi Route 3778 (Roland View Terrace) - From 0.07 Mile West Route 3455 to Route 3455 0.07 Mi Ayes: Humphrey, Warren, Barber, Daniel, and McRale. Mays: None. 11. EXECUTIVE SESSION PURSUAATT TO SECTION 2.1-344A.3.. CODE OF VIRGINIA. 1950. AS A~ENDED. FOR CONSULTATION WITH LEGAL COUNSEL A/iD BRIEFINGS BY STAFF MEMBERS REGARDING LEGA?, MATTERS AFFECTING COMPENSATION IN THE POLICE DEPARTMENT On motion of Mr. Daniel, seconded by Mr. Barber, the Board went into an Executive Session pursuant to Section 2.1-344A.3., C©de of Vircinia. 1950, as amended, for consultation with legal counsel and briefings by staff members regarding legal matters affecting compensation in the Police Department. Ayes: Humphrey, Warren, Barber, Daniel, and McMale. Nays: None. On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Executive Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, 98-349 5/27/98 I) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Bxecutive Session to which this certification applies~ and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Daniel: Aye. Mr. Barber: Aye. Mrs. Humphrey: Aye. Mr. Warren: Aye. 12. DINNER On motion of Mr. McHale, seconded by Mr. Daniel, the Board recessed to the Administration Building, Room 502, for a dinner meeting with members of the Legislative Delegation regarding 1998 General Assembly Results. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey welcomed everyone to the meeting and Mrs. Curtin reviewed 1998 General Assembly results including School Construction Grants ($55 million in FY99, $55 million in FY2000), local school division to apply for the Grant, local match required based on composite index, Grants not being able to exceed actual expenditures, Grants may be used for debt service, and Legislative Commission to recommend Statewide method of assessing need and criteria for future allocations. She then reviewed School Construction Grants (Chesterfield's allocation for FY1999 and FY2000); Personal Property Tax Relief (five year phase-in program for vehicles worth over $1,000 and vehicles worth less than $1,000) . She continued to review Personal Property Tax Relief stating that actual State revenues are less than official forecast by 0.5% or more; that State December forecast shows revenues less than five percent greater than preceding fiscal year; and that State December forecast shows revenues will be less than budgeted. She then reviewed County legislative requests successes including passing of SB338- Building Code Violations; HB899 Assistant Fire Marshals; HB779 - Dutch Gap Land Conveyance; HB240 Certain tax Exemptions; SJRll5 Study/Sprinklers; HB952 r Warrant, Arrest Outside Locality. She reviewed County legislative unsuccessful bills including SB618 - Use Tax Distribution; HB824 Preferred Venue; SJR82 - Study of Powhite Parkway and Extension; and SB375 - Tax Credits for Fast Tolls. She reviewed other 1998 General Assembly successes including Richmond Centre Initiatives MB169, HB30, and SB144; Frederick T Gray Bridge, HB1427; C. Hardaway Marks Bridge, HB126; and 250 Anniversary License Plates, SB301. She reviewed other issues including SB570 Vested Zoning Rights; SB577 and EB335 - Telecommunications; ~Bl172 - Electric utility Deregulation; and SB~80 Amateur Radio Antennas. 88 350 5/27/98 It was generally agreed to adjourn to the regularly scheduled Board meeting. Reconvening: 13. INVOCATION Reverend Jerome Hancock, Pastor of Southside Church of the Nazerene, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF Boy Scout Pack 831 led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS kND SPECIAL RECOGNITIONS There were no Resolutions and Special Recognitions scheduled at this time. 16. REOUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMNENDATION A/gD THERE IS NO OPPOSITION - CASES WHERE THE APPLICA~Vf DOES NOT ACCEPT THE RECOM~{ENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 98SR0226 In Bermuda Magisterial District, BARBARA C. LEWIS requested renewal of Mobile Home Permit 88SR0088 to park a mobile home in a Residential (R-7) District and amendment of zoning district map. The density of this proposal is approximately 1.02 units per acre. The Comprehensive Plan suggests the property is appropriate for light industrial use. This property fronts the north line of Willis Road, approximately 270 feet east of Germont Avenue and is better known as 1800 Willis Road. GPIN 797-672-0743 (Sheet 23). Mr. Jacobson presented a summary of Case 98SR0226 and stated that staff recommends approval for seven years, subject to the standard conditions. Ms. Barbara Lewis stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 98SR0226, subject to the following conditions: 1. The applicant shall be the owner and occupant of the mobile home. Nays: No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied witk, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Humphrey, Warren, Barber, Daniel, and McHale. None. 98SR0237 In Bermuda Magisterial District, HENRY ~ AGNES BP, ANKLEY requested renewal of Mobile Home Permit 91SR0201 to park a mobile home in a Residential (R-7} District and amendment of zoning district map. The density of this proposal is approximately 2.23 units per acre. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This property fronts the west line of Ramona Avenue approximately 200 feet south of Melba Street and is better known as 10516 Ramona Avenue. GPIN 796-664-5325 (Sheet 32). Mr. Jacobson presented a summary of Case 98SR0237 and stated that staff recommends approval for seven years, subject to the standards conditions and amended condition number one which requires the mobile home to be occupied by the applicants' son, Henry Duane Brankley, and immediate family only. Mrs. Agnes Brankley stated that the recommendation is acceptable. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 98SR0226 for seven years, subject to the following conditions: 1. The mobile home shall be occupied by the applicants' son, Henry Duane Brankley, and immediate family only. 2. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for 98-352 5/27/98 rental property. 0nly one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning distr±ct shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SR0225 In Bermuda Magisterial District, WA~-DA FAYE MORGAN requested a Mobile Home Permit to park a mobile home in a Residential (R 7) District and amendment of zoning district map. The density of this proposal is approximately 11.11 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4 units per acre. This property fronts the west line of Brightwood Avenue approximately 200 feet south of Velda Drive and is better known as 10114 Brightwood Avenue. GPIN 793-666 9401 (Sheet 32). Mr. Jacobson presented a summary of Case 98SR0225 and stated that staff recommends approval for seven years, subject to the standard conditions. Ms. Wanda Faye Morgan stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 98SR0226 for seven years, subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as mobile home site, nor shall any mobile home be used for rental property. Only one {1) mobile home shall be permitted to be parked on an individual lot or parcel. 98-353 5/27/98 Ayes: Nays: The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0164 In Midlothian Magisterial District, THE SALISBURY CORPORATION, A VIRGINIA CORPORATION AND UNITED DOMINION REALTY TRUST, INC., A VIRGINIA CORPOP~ATION withdrew a request for amendment to Conditional Use Planned Development (Case 87S064) and amendment of zoning district map relative to the minimum size of dwelling units. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies in a Residential (R 9) District on 46.6 acres lying approximately 250 feet off the west line of Wylderose Drive, approximately 520 feet north of Midlothian Turnpike. GPIN 729-718-Part of 2361 {Sheets 5, 6 and 7). Mr. Jacobson presented a summary of Case 98BN0164 that the applicant is requesting a withdrawal. There was no opposition present to the withdrawal. On motion of Mr. Barber, seconded by Mr. Warren, acknowledged withdrawal of Case 98SN0164. Ayes: Nays: and stated the Board Humphrey, Warren, Barber, Daniel, and McHale. None. )8SN0182 In Dale Magisterial District, WALTER W. MARSH requested deferral of consideration for 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 density 98-354 5/27/98 of such amendment will be controlled by zoning conditions or Ordinance standards. 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. Jacobson presented a summary of Case 98SN0182 and stated that the applicant is requesting a deferral to June 24, 1998. It is noted that the applicant was not present at the meeting. There was no opposition present to the deferral. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board deferred Case 98SN0182 until June 24, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0185 In Matoaca Magisterial District, G. ~. COGBILL FAMILY PARTNERSHIP requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). Commercial and office uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed uses. This request lies on 14.2 acres fronting approximately 420 feet on the south line of Ironbridge Road, approximately 250 feet west of Beach Road, also fronting approximately 1,000 feet on the west line of Beach Road, approximately 200 feet south of Iron Bridge Road. GPIN 769 660-Part of 7197 (Sheet 31). Mr. Jacobson presented a summary of Case 98SN0185 and stated that the Planning Commission deferred this request to its June 16, 1998 meeting, therefore, the Board should defer this request to its July 29, 1998 meeting, pond the Commission's recommendation. John Cogbill, Esquire, representing the applicant, stated that the deferral is acceptable. There was no opposition present to the deferral. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board deferred Case 98SN0185 until July 29, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-355 5/27/98 98SN0186 In Dale Magisterial District, WALTER W. MARSH requested rezoning and amendment of zoning district map from Agricultural (A} to Light Industrial (I 1). 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 29.4 acres fronting approximately 1,075 feet on the north line of Cogbill Road, approximately 580 feet east of Belmont Road. GPIN 763 677-Part of 7240 (Sheet 22). Mr. Jacobson presented a summary of Case 98SN0186 and stated that the Planning Commission deferred this request to its June 16, 1998 meeting, therefore, the Board should defer this request to its July 29, 1998 meeting, pending the Planning Commission's recommendation. It is noted that the applicant was not present at the meeting. There was no opposition present to the deferral. On motion of Mr. Daniel, seconded by Mr. McHale, the Board deferred Case 98SN0186 until July 29, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 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 Residential (R-15) District. The applicant has agreed to limit development 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 Winterfield Road, approximately 350 feet south of Elmstead Road. GPIN 725 711-1557 (Sheet 7). Mr. Jacobson presented a summary of Case 98SN0142 and stated that Mr. Barber has requested that this case be deferred for at least sixty days. Mr. Brennon Keene, representing the applicant, requested that the Board consider a thirty day deferral, indicating that he felt the issues could be resolved in that time period. There was no opposition present to the deferral. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board deferred Case 98SN0142 until June 24, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-99~ 5/27/98 98SN0205 In Bermuda Magisterial District, ROAD RUNNER EA~TERPRISES (CARL 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). Mr. Jacobson presented a summary of Case 98SN0205 and stated that Mr. McHale has requested a sixty day deferral to allow the applicant time to correct some zoning violations which exist on the property. Mr. Derrick Johnson, representing the applicant, stated that the applicant is currently addressing the zoning violation issues. Be requested that the Board defer the case for thirty days as opposed to sixty days. There was brief discussion relative to the Planning Commission's reluctance to move the case forward until the violations were corrected. When asked, Mr. Jacobson stated that a zoning inspector visited the property on May 26, 1998 and that there is still a significant amount of discarded material and an illegal mobile home on the property. He further stated that there is still a significant amount of work needed to correct the violations and inquired as to whether the applicant feels the corrections can be made in thirty day. Mr. McHale stated that he will support a thirty day deferral , however, if the violations are not addressed in that time period, he will suggest further deferrals of the request. Mr. George Beadles stated that he feels thirty days is not ample time to correct the violations and, therefore, the Board should defer the case for sixty days. He further stated that he feels the applicant should have to pay for the privilege of keying a thirty day deferral even if the property is located in the Enterprise Zone. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board deferred Case 98SN0205 until June 24, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0190 In Bermuda Magisterial District, J~4ES F. BUBBARD requested rezoning and amendment of zoning district map from Agricultural (A) to General Industrial (I-2) . Office/warehouse, mini-storage and outside storage uses are planned. However, with approval of 98-357 5/27/98 this request, other General Industrial (I-2) uses would be permitted. 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 uses. This request lies on 8.52 acres fronting approximately 720 feet on the south llne of Old Bermuda Hundred Road, approximately 1,920 feet east of Ramblewood Drive. GPIN 808- 650-6746 and 809 650 0450 (Sheet 33). Mr. Jacobson presented a summary of Case 98SN0190 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Area Land Use and Transportation Plan. Mr. James Hubbard, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 98SN0190 and accepted the following proffered conditions: 1. The public wastewater system shall be used. Prior to any site plan approval, forty five (45) feet of right of way on the south side of Old Bermuda Hundred Road, measured from the centerline of that part of Old Bermuda Hundred Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access to Old Bermuda Hundred Road shall be limited to one (1) entrance/exit, located approximately midway of the Old Bermuda Hundred Road property frontage. The exact location of this access shall be approved by the Transportation Department. To provide an adequate roadway system, the developer shall be responsible for the following: a) Construction of additional pavement along Old Bermuda Hundred Road at the approved access to provide left and right turn lanes, based on Transportation Department standards; b) Relocation of the ditch to provide an adequate shoulder along the south side of Old Bermuda Hundred Road for the entire property frontage; and c) Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified above. 98-358 5/27/98 Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 4, shall be submitted to and approved by the Transportation Department. This development shall be designed to retain runoff based on post development 2, 10 and 100 year storms. The release rate shall be based upon the pre development 2, 10 and 100 year storms. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0192 In Midlothian Magisterial District, HERITAGE VILLAGE TOWNHOUSE ASSOCIATION, INC. requested amendment to Conditional Use Planned Developments {Cases 80S059 and 83S017) and amendment of zoning district map to delete requirements to build recreational facilities and to allow single family dwellings on 9,000 square foot lots. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies in a Residential Townhouse (R-TH) District on 5.5 acres fronting approximately 740 feet on the south line of Robious Road, also fronting approximately 400 feet on the east line and 380 feet on the west line of Early Settlers Road and approximately 400 feet on the north line and 250 feet on the south line of Red Lion Place and better known as Heritage Village. GPIN 746-711-1172 (Sheet 8). Mr. Jacobson presented a summary of Case 98SN0192 and stated that the Planning Commission and staff recommend approval, subject to one condition and acceptance of the proffered conditions. He noted that the request conforms to the Northern Area Land Use and Transportation Plan. Mr. Robert Small, Community Manager for Heritage Village, stated that the recommendation is acceptable. There was no opposition present. Mr. Barber commended the developer for being creative and taking it upon themselves to find a solution to their maintenance problems and bringing this application forward. He stated that he feels this project will be a great asset to the community. Mr. Barber then made a motion, seconded by Mr. Warren, for the Board to approve Case 98SN0192, subject to the following condition: Any single family residential lots shall be restricted to that portion of the subject property located in the southwest quadrant of the intersection of Red Lion Place and Early Settlers Road and being adjacent to GPIN 745- 711-9473 and 9855 and 746 711-0084. (p) (NOTE: With the approval of this request, the requirement to provide active recreational facilities is deleted.) 98-359 5/27/98 And, further, the Board accepted the following proffered conditions: Except for lot width, each single family residential lot shall conform to the requirements of the Residential District. Each lot shall have a lot width of not less than seventy-three (73) feet. In addition, the overall average lot size shall be a minimum of 12,000 square feet. Development shall be limited to a maximum of three (3) lots. Prior to, or in conjunction with recordation of a subdivision plat, the following restrictive covenants shall be recorded. The covenants shall not be amended and can not be withdrawn for ten (10) years from the date of recordation. 1. Easements along lot lines for alley ways and/or underground electrical and/or telephone service shall be reserved in their naturally landscaped state; provided, however, that when any such easements (i) crosses any lot and does not abut and follow lot line or (ii) such easement is for drainage or runs along natural water courses which abut or run through lots, this reservation shall not apply. No motorized cars, motorcycles, motorbikes, other motorized vehicles or bicycles shall be permitted to utilize such easements. 2. There shall not be erected on any on any one lot as suck lot may be prescribed and designated on the subdivision plat more than one private dwelling house and the necessary outbuildings suitable therefor, and said premises shall be used for private dwelling purposes only by one family. No part of any lot or improvement thereon shall be used for any business or commercial purposes. The main structure shall be not less than 1,500 square feet of finished living area. ~Living area" shall exclude one story porches, breezeways, basements and garages. The building style shall be colonial and made of wood frame construction. The exterior shall be made of wood or wood composite. No building erected shall be finished with asbestos siding, cement block or cinderblock exteriors of any kind. Any dwelling or other building when toilet facilities are located therein must be connected with a sanitary sewer system or septic system as approved and permitted by County and/or State health authorities. 4. All electrical, telephone, gas, water and sewer utility service lines and connection, including wires, cables, pipes and mains which are installed to serve the lot hereby conveyed or are connected with any improvement thereon, shall be 98-360 5/27/98 10. installed underground in conformity with the specifications of or approved by the utilities company involved, its successors of assigns. No such lines or connections shall be permitted on or above the ground. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently; provided, however, this clause shall not prevent servants' quarters being installed over a detached garage or other approved outbuilding. No sign of any kind shall be displayed to the public view on any lot except one residence identification sign of not more than one (1) square foot, one sign of not more than six {6) square feet advertising the property for sale, or signs used by the builder to advertise the property during the construction and sales period. No animals, livestock or poultry of any kind shall be allowed on any lot except that dogs, cats, or normal household pets may be kept thereon provided they are not kept, bred or maintained for any commercial purposes. NO noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No use shall be made of any lot which will depreciate or adversely affect the value of surrounding lots or of tko neighborhood as superior residential property. No lots shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste and none shall be kept on any lot except in screen sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean, sanitary condition in rear yards only and shall not be in public view. ~Public view~ is construed to include all adjacent owners. No individual sewerage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the proper state and local public health authorities. Approval of such system as installed must be obtained from such authority. Ayes: Nays: 11. Each and every covenant and condition herein imposed may be enforced by the owner or owners of any lot in the Heritage Commons Subdivision by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and/or recover damages therefore. If no such proceedings be initiated within sixty (60) days of any such violation, then it shall be conclusively presumed in any legal proceedings that the violation or attempted violation has been waived by all parties owning or having interest in lots in said Heritage Commons Subdivision, whether or not such parties have actual notice of said violation or attempted violation. Ail dwelling units shall have a minimum of 1,500 square feet of gross floor area. The foundations of all dwelling units shall be faced with brick. Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0201 In Dale Magisterial District, COPdqERSTON~ BAPTIST CHURCH requested Conditional Use and amendment of zoning district map to permit day care use in conjunction with a permitted church use. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies in an Agricultural (A) District on 9.48 acres known as 6100 Cornerstone Boulevard. GPIN 770-687-5996 (Sheet 15). Mr. Jacobson presented a summary of Case 98SN0201 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Mr. Dean Hawkins, representing the applicant, stated that the recommendation is acceptable. Someone was present wishing to speak to the request. On motion of Mr. McHale, seconded by Mr. Barber, the Board suspended its rules at this time to allow public comment for consent zoning requests. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-362 5/27/98 Mr. George Beadles expressed concerns relative to churches being a use permitted by-right in certain zoning districts. He further stated that he feels some churches have been constructed at inappropriate places and expressed concerns relative to parking conditions at churches. Mr. Daniel stated that the notion that churches should be regulated is not a new issue. He further stated that if the pandora box was ever opened for churches to be regulated in certain zoning districts, major opposition could be anticipated. He further stated this proposed daycare center would provide services in the safe haven of a church and, in no way, does it violate the zoning ordinances of this County. Mrs. Humphrey stated that the foundation of this County is its church community and the ties that they have across Chesterfield County and its boundaries. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board approved Case 98SN0201 and accepted the following proffered conditions: The child care use shall be conducted only in association with a church use on this property. Except where the requirements of the underlying Agricultural (A) zoning are more restrictive, any new development for child care use shall conform to the requirements of the Zoning Ordinance and Development Standards Manual for commercial uses in Emerging Growth Areas. Outdoor playfields, playgrounds or similar active recreational areas associated with any child care use shall be set back a minimum of forty (40) feet from all property lines. Turning lanes on Turner Road, if warranted, shall be constructed prior to occupancy of this site as a child care use. However, if the enrollment of the child care use is thirty (30) children or less, no turning lane improvements shall be required. At such time that the public wastewater system is extended to within 500 feet of the property llne, the owner/developer shall extend the wastewater line to the site and all structures accommodating child care use and generating wastewater flows associated with such use shall be connected to the public wastewater system. (NOTE: These conditions would not apply to any permitted use, such as a church, on the property.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 363 5/27/98 98SN0202 In Matoaca Magisterial District, J/~MES D. DELONG ~/FD PHYLLIS S. DELONG requested Conditional Use and amendment of zoning district map to permit a two-family dwelling in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. This request lies on 1.0 acre known as 18701 Church Road. GPIN 774-620-5691 (Sheet 48). Mr. Jacobson presented a summary of Case 98SN0202 and stated that the Planning Commission and staff recommend approval, subject to the conditions. MS. Phyllis S. Delong stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 98SN0202, subject to the following conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. Prior to the release of a building permit, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. {P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. ~8SN0203 In Bermuda Magisterial District, COMPSON SHOPPING CENTERS LIMITED pARTNERSHIP requested rezoning and amendment of zoning district map from Agricultural {A) to Community Business (C-3) on 11.3 acres, plus proffered conditions on 9.3 acres currently zoned Community Business (C 3) . Commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 20.6 acres fronting approximately 1,985 feet on the west line of Jefferson Davis Highway, approximately 1,250 feet north of West Hundred Road. GPIN 797- 655-7097; 797-656-2783, 3960, 5542, 6278, 6328, 7216 and 9909; 798-655-1298; and 798-656-0055 and 1616 (Sheet 32). 98 364 5/27/98 Mr. Jacobson presented a summary of Case 98SN0203 and stated that the Planning Commission and staff recommend approval, subject to one condition and acceptance of the proffered conditions. He noted that the request conforms to the Chester Village Plan. Ms. Ashley Harwell, representing the applicant, stated that the recommendation is acceptable. She further staEed that the applicant understands staff's position on the fifty foot buffer condition and accepts this condition; however, the applicant expressed the desire to continue to work with staff during the site plan process to reduce the buffer. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 98SN0203, subject to the following condition: A fifty {50) foot buffer shall be provided along that portion of the western property line that borders Rock Hill Road. This buffer shall comply with Sections 19-521 and 19-522 of the Development Standards Manual for fifty (50) foot buffers. And, further, the Board accepted the following proffered conditions: 1. Public water and wastewater systems shall be used. 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 disturbange permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. Ail buildings on the Property shall meet the requirements for Architectural Treatment outlined in the Development Requirements for Emerging Growth Areas contained in Section 19 595 of the Development Standards Manual. Ail buildings constructed on the Property shall be'%ompatible in architectural style, materials, colors and details. At a minimum, landscaping witkin the front yard setback along Jefferson Davis Highway shall meet the requirements for Perimeter Landscaping C outlined in Section 19-518 (g) of the Development Standards Manual. Subject to approval from the power company to relocate the existing power lines along Jefferson Davis Highway, the existing overhead power lines along Jefferson Davis Highway shall be relocated so that the utility poles are setback a minimum of 5wenty-five feet from the Jefferson Davis Highway right of-way. Prior to any site plan approval, sixty {60) feet of right-of-way on the west side of Route 1/301, measured from the centerline of that part of Route 1/301 immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 98-365 5/27/98 Direct access to Route 1/301 shall be limited to one (1) entrance/exit located approximately 690 feet from the southern Property line. The exact location of the access shall be approved by the County Transportation Department prior to site plan approval. NOTE: This distance is based on VDOT minimum spacing requirements for median cross-overs. The intent is to provide for a full access entrance at this stated location if a raised median is ever constructed on Route 1/301 in front of the Property. Based on the previously approved shared access required by zoning case 988N0151, the Property will share the signalized entrance with the parcel to the south. An access easement, acceptable to the County Transportation Department, shall be recorded across the Property to insure shared access with the adjacent property to the north {GPIN 797 686 8592}. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 988N0204 In Bermuda Magisterial District, WILLIAM M. WII~N requested rezonlng and amendment of zoning district map from Community Business (C 3) to General Business (C-5) . The applicant has proffered to restrict C-5 uses to boat and boat trailer sales. However, with the approval of this request, the property could be developed for permitted C-3 uses in addition to boat and boat trailer sales. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. This request lies on 0.4 acre fronting approximately 135 feet on the north line of East Hundred Road, approximately 610 feet east of Kingston Avenue. GPIN 819-651- 9663 (Sheet 33}. Mr. Jacobson presented a summary of Case 988N0204 and stated that the Planning Commission and staff recommends approval and acceptance of the proffered conditions. He noted the request conforms to the Eastern Area Land Use and Transnortation Plan. Mr. William M. Winn stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 988N0204 and accepted the following proffered conditions: The only uses allowed on the property shall be those permitted in the Community Business (C-3) District and boat and boat trailer sales. There shall be no servicing or repair work done on premises. 98-366 5/27/98 The maximum number of boats and trailers displayed outside shall not exceed six {6). (Note: A trailer which has a boat on it shall not be counted separately. A trailer without a boat shall be counted separately.} Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0206 In Midlothian Magisterial District, MARY KATHERINE NELSON requested amendment to Conditional Use Planned Development (Case 89SN0139) and amendment of zoning district map to permit pet shop and grooming uses in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district use. This request lies on 0.7 acre known as 1201 Crowder Drive. GPIN 729-708-4468 (Sheet 7}. Mr. Jacobson presented a summary of Case 98SN0206 and stated that the Planning Commission and staff recommend approval, subject to one condition and acceptance of one proffered condition. He noted that the request conforms to the Midlothian Area Community Plan. Ms. Mary Katherine Nelson stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 98SN0206, subject to the following condition: The following additional uses shall be permitted: 1. Pet shop 2. Pet grooming. (Note: These uses are in addition to the uses permitted with the approval of Case 89SN0139.) And, further, the Board accepted the following proffered condition: There shall be no dogs permitted on the property. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-367 5/27/98 98SN0207 In Clover Hill Magisterial District, RON MACAULAY/~TEXTEL COMbU3NICATIONS requested Conditional Use Planned Development and amendment of zoning district map to permit a 125 foot communications tower and buffer, landscaping, architectural treatment and setback exceptions in Residential (R-7) and General Business (C-5} Districts. A communications tower incorporated into a Virginia Power structure 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 mixed use corridor use. This request lies on 0.7 acre known as 7500 Hull Street Road. GPIN 764-696-Part of 0128 and 0172 (Sheet 15) . Mr. Jacobson presented a summary of Case 98SN0207 and stated that the Planning Commission and staff recommend approval, subject to conditions. Mr. Howard Martin, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. Mr. Warren commended the applicant for co-location with the Virginia Power Transmission Line and expressed appreciation to the Planning Commission and staff for supporting this request. Mr. Warren then made a motion, seconded by Mr. Barber, for the Board to approve Case 98SN0207, subject to the following conditions: There shall be no signs permitted to identify this use. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FA3~ approval shall be submitted to the Planning Department, prior to release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. 98-368 5/27/98 Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: The tower shall be grey or another neutral color, acceptable to the Planning Department. The tower shall not be lighted. (P) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. In conjunction with the approval of this request, a ninety (90) foot exception to the 110 foot setback for communications towers in General Business (C-5) Districts, adjacent to Residential (R 7) Districts, shall be granted. (P) (NOTE: With the approval of this request, the communications tower and accessory structures are exempted from setback landscaping, buffering and architectural treatment requirements.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0208 In Midlothian Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map to permit a 160 foot communications tower in a Community Business (C-3) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 0.21 acre lying approximately 1,100 feet off the north line of Midlothian Turnpike, measured from a point approximately 600 feet east of Granite Spring Road. GPIN 764-708 Part of 6312 (Sheet 9). Mr. Jacobson presented a summary of Case 98SN0208 and stated that the Planning Commission and staff recommend approval, subject to conditions. He noted that the request conforms to the Northern Area Land Use and Transportation Plan. Mr. Chuck Rothenburg, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. 98-369 5/27/98 On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 98SN0208, subject to the following conditions: 1. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) 2. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether F3~A approval is required for the erection of the tower. If FAA approval is required, a copy of F~J~ approval shall be submitted to the Planning Department, prior to release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: a. The tower shall be of a monopole design. The tower shall be grey or another neutral color, acceptable to the Planning Department. c. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Humphrey, Warren, Barber, Daniel, and McHale. None. Ayes: Nays: 98-370 5/27/98 98SN0215 In Bermuda Magisterial District, RESUN LEASING, INC. requested amendment to Conditional Use Planned Development (Case 89SN0403) and amendment of zoning district map to permit modular trailer sales, service, repa,r and rental. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies in a General Industrial (I-2) District on 4.5 acres fronting approximately 30 feet on the east line of Express Lane, measured from a point approximately 1,050 feet north of Reymet Road. GPIN 796-668-4878 and Parts of 1292 and 1678 (Sheet 23). Mr. Jacobson presented a summary of Case 98SN0215 and stated that the Planning Commission and staff recommend approval. He noted that the Jefferson Davis Corridor Plan suggests the property is appropriate for general industrial use. Mr. Peter Eberly, Vice President of Operations for Resun Leasing, Incorporated, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 98SN0215. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0216 In Matoaca Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map to permit a 195 foot communications tower and setback exceptions in a Light Industrial (I-l) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies on 0.9 acre fronting approximately 20 feet on the west line of Iron Bridge Road, approximately 1,150 feet north of Landfill Drive. GPIN 772-657-Part of 8977 (Sheet 31) . Mr. Jacobson presented a summary of Case 98SN0216 and stated that the Planning Commission and staff recommend approval, subject to the conditions. He noted that the request conforms to the Central Area Plan. Mr. Rothenburg, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. 98-371 5/27/98 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 98SN0216, subject to the following conditions: 1. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) 2. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department, prior to release of a building permit. (P) 3. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (OS) The owner/developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: a. The tower shall be grey or another neutral color, acceptable to the Planning Department. b. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) 6. At suck time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Humphrey, Warren, Barber, Daniel, and McHale. None. Ayes: Nays: 98SN0217 In Midlothian Magisterial District, MASCOT SELF STORAGE, L. C. requested rezoning and amendment of zoning district map from Corporate Office (O 2) to Light Industrial (I-l) . The applicant has agreed to limit uses to office warehouse use and to the permitted uses in the Corporate Office (0 2) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed uses. This request lies on 3.5 acres fronting approximately 275 feet on the east line of Huguenot Road, approximately 225 feet south of Greenspring Road. GPIN 739-712-7240 (Sheet 7). Mr. Jacobson presented a summary of Case 98SN0217 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions, including a requirement that a mini-self storage use have an office-like appearance. He noted that the request conforms to the Huguenot/Robious/Midlothian Area Plan. Mr. Andy Duke stated that the recommendation is acceptable. He displayed a picture of the proposed self storage facility. There was no opposition present. On motion of Mr. Barber, seconded by Mr. Warren, the Board approved Cass 98SN0217 and accepted the following proffered conditions: The only uses permitted on the property shall be for office warehouses (i.e., self-storage facilities, mini- warehouses, mini storages) and those uses allowed in the Corporate Office (0-2) District. No tenant or customer of any office warehouse (i.e., self storage unit) located on the property shall be allowed to operate a business on the site. Any office warehouse use shall not be open to the public between the hours of 10:00 P.M. and 7:00 A.M. Any office warehouse facility shall be constructed generally as represented by the site plan, prepared by Menze Buildings, dated 3-9-98, and the artist's rendering both of which are submitted with the application. Provided, however, the roofline of the one story warehouse units shall employ a roofline compatible with that of the office and three (3) story building and that measures such as solid fencing shall be employed to screen the warehouse loading doors from Huguenot Road. Any building other than an office warehouse building shall have a colonial architectural style compatible with the colonial architectural style that predominates along the Huguenot Road corridor. The exact architectural style and materials shall be approved at the time of site plan review. 98-373 5/27/98 Prior to any site plan approval, sixty (60) feet of right of way on the east side of Huguenot Road, measured from the centerline of that part of Huguenot Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access to Huguenot Road shall be limited to one (1) entrance/exit. This access shall be located towards the southern property, and shall be shared with the adjacent property to the south. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to ensure shared use of this access with the adjacent property to the south. Prior to issuance of an occupancy permit, additional pavement shall be constructed along the northbound lanes of Huguenot Road to provide an additional lane of pavement from the Green Spring Road intersection to the southern property line, plus a right turn lane at the approved access. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for this improvement. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. ~8SN0218 In Midlothian Magisterial District, CHARLES W. A~FD VIRGINIA P. KEBLUSEK requested amendment to Conditional Use Planned Development (Case 78S160) and amendment of zoning district map to permit a sleep disorder center in an Agricultural (A} District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 0.8 acre known as 2529 Professional Road. GPIN 758-718-7997 (Sheet 3). Mr. Jacobson presented a summary of Case 98SN0218 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted the B©n Air C©mmunitv Plan suggests the request property is appropriate for office use. Mr. Charles W. Keblusek stated that the recommendation is acceptable. There was no opposition present. Mr. Barber commended Mrs. Humphrey on her affiliation with MCV and the fine work that she does in all types of medical areas, this being one of them, and wished her continued success. 98-374 5/27/98 Mrs. Humphrey stated that specialized health services are becoming community-based. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 98SN0218 and accepted the following proffered condition: A maximum of five (5) patients shall be accommodated between the hours of 7:00 p.m. and 7:00 a.m. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0219 In Bermuda Magisterial District, NEXTEL COM/~/NICATIONS/RON MACAULAY requested Conditional Use Planned Development and amendment of zoning district map to permit a 165 foot communications tower in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial/industrial corridor use. This request lies on 0.1 acre lying approximately 565 feet off the west line of Jefferson Davis Highway, measured from a point approximately 1,700 feet north of Happy Hill Road. GPIN 799-632-Part of 2779 (Sheet 49). Mr. Jacobson presented a summary of Case 98SN0219 and stated that the Planning Commission and staff recommend approval, subject to the conditions. He noted the request conforms to the Jefferson Davis Highway Corridor Plan. Mr. Howard Martin, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 98SN0219, subject to the following conditions: 1. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. {P) 2. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department, prior to release of a building permit. (P) 3. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an 98-3'75 5/27/98 engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. The owner/developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: The tower shall be grey or another neutral color, acceptable to the Planning Department. Ayes: Nays: b. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking ligkts. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. Any building or mechanical equipment shall comply with Section 19-603 of the Development Standards Manual relative to architectural treatment of building exteriors and screening of mechanical equipment in Post Development Areas. (P) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Humphrey~ Warren, Barber, Daniel, and McHale. None. 98BN0222 In Matoaca Magisterial District, ETOR-ALL PROPERTIES, INC. requested rezoning and amendment of zoning district map from Agricultural (A) to General Business (C 5). The applicant has agreed to limit uses to office warehouse use and uses permitted 98-376 5/27/98 in the Corporate office (0-2) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 4.1 acres fronting approximately 400 feet on the south line of Hull Street Road, approximately 950 feet west of Mockingbird Lane. GPIN 729 673-3149 and 4458 (Sheet 20). Mr. Jacobson presented a summary of Case 98SN0222 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted the request conforms to the UDDer Swift Creek Plan. Mr. Jim Theobold, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 98SN0222 and accepted the following proffered conditions: Use Restriction. The Property may only be used for a self-service storage facility with an accessory office and dwelling unit for its manager and such uses as are customarily accessory and incidental thereto and uses permitted in an 0-2 zoning district. Rear Yard Setback. No buildings, parking areas or drive aisles (unless suck drive aisles are otherwise required for emergency vehicle purposes) shall be located south of the twenty (20) foot AT&T easement granted in Deed Book 858, page 51. Screenina. Screening of loading areas for any self- service storage facility from adjacent properties shall be achieved through the positioning of the self-service storage buildings in a compound-like manner such that the walls of buildings closest to the eastern, southern and western boundary lines shall be generally parallel to such boundary lines. Prohibition on Materials Stored. No self-service storage facility shall permit the storage of flammable, hazardous, radioactive, illegal or any other similar materials on site. Hours of ODeratiom. The self-service storage facility shall not be open to the public earlier than 6:00 a.m. nor later than 9:00 p.m. Monday through Friday and no earlier than 9:00 a.m. nor later than 5:00 p.m. on Saturdays and Sundays. Site Plan Approval. Site plans shall be submitted for Planning Commission review and approval as set forth in Section 19-269 of the Zoning Ordinance. The developer shall notify the last known President of the Deer Run Civic Association and the Community Manager of the Brandermill Ccmmunity Association on file with the Planning Department at least twenty-one (21) days prior 98-377 5/27/98 to the Planning Commission's consideration of the site plan of the time and date of site plan consideration. Timberina Restriction. With the exception of timbering to remove dead of diseased trees which has been approved by the Virginia State Departmez~t of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. TransDortatlon. a. Prior to any site plan approval, one hundred (100) feet of right-of-way on the south side of Route 360, measured from the centerline of that part of Route 360 immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access to Route 360 shall bl limited to one (1) entrance/exit, located toward the eastern property line. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the Property to ensure shared use of this access with the adjacent property to the east. c. Prior to the issuance of an occupancy permit, an additional lane of pavement shall be constructed along the eastbound lanes of Route 360 for the entire property frontage. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this road improvement. Outside Storace. There shall be no outside storage of materials or goods on the Property. Site Plan amd Elevations. Development of the Property for a self-service storage facility shall be in substantial conformance with (I} the architectural appearance and materials shown on the elevations dated May 8, 1998, prepared by Gregory Anderson, PA., Architect attached hereto as Exhibit A; provided, however, that the portions of the building closest and parallel to Hull Street Road and facing Hull Street Road which are of metal siding, shall be modified to include shutters such as are shown on ~Side Elevation (View from West Side)" on Exhibit A; and (ii) the conceptual site plan dated April 8, 1998, prepared by Gregory Anderson, PA., Architect attached hereto as Exhibit B, unless otherwise approved by the Planning Commission at the time of Site Plan review. 98-378 5/27/98 Lighting. All exterior lighting for a self-service storage facility shall be low sodium vapor. Building mounted lighting shall be positioned below the roof line so as to minimize the impact of such lighting on any adjacent property. 12. Building Height. Except for any office/manager's quarters, ne self-service storage building shall exceed the lesser of one (1) story or fifteen (15) feet in height above grade to the roof, exclusive of mechanical equipment, chimneys or other architectural design features. 13. Sicnage. Any free standing signs shall be monument style and, if lighted, internally lit. 14. Tree Retention. Within the setback from Hull Street Road, trees shall be preserved in accordance with the requirements of Section 19 518(d) of the Development Standards Manual; provided, however, that the trees to be retained shall be those having a caliper of six (6) inches or greater. 15. Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. Ayes: Humphrey, Warren, Barber, Daniel, and McRale. Nays: None. Mrs. Humphrey briefly reviewed the order of the remainder of the Board Agenda and requested that speakers keep their comments to a minimum. She noted that the zoning request and lease agreement regarding the First Tee golf course would be heard consecutively, with the zoning request being considered first. Mr. Daniel stated that he agrees that both the zoning request and lease agreement regarding the golf course should be heard consecutively. He further stated that he has received additional information since the Planning Commission meeting regarding this issue. When asked, Mr. Micas stated that the zoning request and lease agreement must be voted upon separately, however, speakers may comnlent on either item when addressing tke Board. 17 PUBL H AR S 17.A. TO CONSIDER THE SALE OF SURPLUS COUNTY PROPERTY ON RIVER ROAD Mr. Stith stated that this date and time has been advertised for a public hearing to consider the sale of surplus County property on River Road. Mr. Kent Pond indicated that he supports the sale of surplus County property on River Road. 98-379 5/27/98 On motion of Mrs. Humphrey, seconded by Mr. McMale, the Board approved the sale of surplus property on River Road to Mr. Kent Pond, in the amount of $6,701.00, subject to staff conditions. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.B. TO CONSIDER A NEW LEASE AGREEMEN~ BETWEEN CHESTEHFIELD COD-NTY AND A. T. MASSEY COAL COMPA/~Y, INCORPORATED FOR A F=~NGAR AT THE CHESTERFIELD COUNTY AIRPORT Mr. Calabro stated that this date and time has been advertised for a public hearing to consider a new lease agreement between Chesterfield County and A.T. Massey Coal Company, Incorporated for a hangar at the Chesterfield County Airport. No one came forward to speak in favor of or against this issue. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved a new lease agreement between Chesterfield County and A.T. Massey Coal Company, Incorporated for a hangar at the Chesterfield County Airport. (It is noted that for this lease agreement, the County will receive $1,500.00 monthly from A.T. Massey Coal Company and that a copy of the lease is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.C. TO CONSIDER AN ORDINAi~CE TO VACATE PORTIONS OF AN EXISTING FIFTY FOOT RIGHT-OF-WAY KNOWN AS OUEENS CROWN DRIVE WITHIN OUEENSPARK SUBDIVISION, SECTION B Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portion of an existing fifty foot right-of-way known as Queens Crown Drive within Queenspark Subdivision, Section B. 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 COUNTY OF CHESTERFIELD, VIRGINIA, {,GP3LNTOR") vacates to MICHAEL P. BARDANO and BARBARA C. BARDARO and ANDREW P. FRISCH and PEGGY ANN FRISCH, ("GRANTEE"), portions of an existing 50' right of way known as Queens Crown Drive within Queenspark Subdivision, Section B, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, ss shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 53, at Pages 20 and 21. 9s-3so s/27/ss WHEREAS, MICHAEL P. B~J~DARO and BARBARA C. BARDARO and ANDREW F. FRISCH amd PEGGY ANN FRISCH, petitioned the Board of Supervisors of Chesterfield County~ Virginia to vacate portions of an existing 50' right of way known as Qneens Crown Drive within Queenspark Subdivision, Section B, MIDLOTHIAN 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 53, Pages 20 and 21, by J. K. TIMMONS & ASSOCIATES, P.C., dated APRIL 11~ 1986, and recorded JUI~E 17, 1986. The portions of right of way petitioned to be vacated are more fully described as follows: Portions of an existing 50' right of way known as Queens Crown Drive within Qusenspark Subdivision, Section B, the location of which is more fully shown on a plat made by J. TIMMONS & ASSOCIATES, P.C.~ dated APRIL 11, 1986, and recorded JUNE 17, 1986, 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 de f Vir inia, 1950, as amended, by advertising; WHEREAS~ no public necessity exists for the continuance of the portions of right of way sought to be vacated. NOW THEREFORB~ BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COIINTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of VirGinia, 1950, as amended, the aforesaid portions of right of GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a variable width water easement, as shown on the attached plat. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the f V'r in' 1950, as amended, and a certified copy of this Ordinance, together with the plat attacked 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 Ordinance 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 of the right of way hereby vacated in the property owners of Lot 1, Block D and Lot 6, Block C, within Queenspark Subdivision, Section B free and clear of any rights of public 88-381 5/27/98 Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRA~NTOH, and MICHAEL P. B~RD~LRO and BARBARA C. BARDARO and kNDREW F. FRISCH and PEGGY ~ FRISCO, or their successors in title, as GP~A/qTEE. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17,D, TO CONSIDER AN ORDINANCE TO VACATE AN EIGHT FOOT EASEMENT ACROSS LOT 7 ~R~D A PORTION OF AN EIGHT FOOT EASEMENT ACROSS LOT 13, ME~%DOW~ROOK FARi~ SUBDIVISION. SECTION F Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate an eight foot easement across Lot 7 and a portion of an eight foot easement across Lot 13, Meadowbrook Farm Subdivision, Section F. No one came forward to speak in favor of or against this ordinance: On motion of Mr. Daniel, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, (,,GRANTOR") vacates to ROWE ASSOCIATES, LTD., a Virginia corporation and STONE RIVER BUILDERS, INC., a Virginia corporation, ("GRANTEE"), an 8' easement across Lot ? and a portion of an 8' easement, across Lot 13, Meadowbrook Farm Subdivision, Section F, DALE 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 91, at Page 26. WHEREAS, ROWE ASSOCIATES, LTD. and STONE RIVER BUILDERS, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate an 8' easement across Lot 7 and a portion of an 8' easement across Lot 13, Meadowbrook Farm Subdivision, Section F, DALE 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 91, Page 26, by BALZER & ASSOCIATES, INC., dated MAY 17, 1996 and recorded JULY 2, 1996. The easements petitioned to be vacated are more fully described as follows: kn 8' easement across Lot 7 and a portion of an 8' easement, across Lot 13, Meadowbrook Farm Subdivision, Section F, the locations of which are more fully shown on two plats made by BALZER & ASSOCIATES, INC., one dated NL~RCH 5, 1998, and revised NLARCH 31, 1998 and APRIL 1998, and one dated SEPTEMBER 24, 1997~ 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, 98-382 5/27/98 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 Virginia, 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 Code of Virginia, 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 portion of the plat vacated. This Ordinance shall vest fee simple title of the easements hereby vacated in the property owners of Lots 7 and 13, within Meadowbrook Farm Subdivision, Section F, 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 ROWE ASSOCIATES, LTD., a Virginia corporation and STONE RIVER BUILDERS, INC., a Virginia corporation, or their successors in title, as GRANTEE. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 17.E. TO CONSIDER AN ORDINA/~CE TO VACATE A SIXTEEN FOOT DRAINAGE EASEMENT IN RIVER'S BEND SUBDIVISION, SECTION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a sixteen foot drainage easement in River's Bend Subdivision, Section 12. NO one came forward to speak in favor of or against this ordinance. On motion of Mr. Daniel, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF_CHESTERFIELD, VIRGINIA, ("GRANTOR,,) vacates to RIVER'S BEND LIMITED PARTNERSHIP, a Virginia Limited partnership, ("GRANTEE"), a 16' drainage easement, in River's Bend Subdivision,, Section 12, BERMUDA 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 93, at Pages 57 and 58 and Pages 98 and 99. 98 383 5/27/95 WHEREAS, RIVER'S BEND LIMITED PARTNERSHIP, a Virginia limited partnership, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 16' drainage easement in River's Bend Subdivision, Section 12, BEP_MUDA 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 93, Pages 57 and 58, by TIMMONS, dated FEBRUARY 18, 1997. The 16' drainage easement petitioned to be vacated is more fully described as follows: A 16' DRAINAGE EASEMENT in River's Bend Subdivision, Section 12, the location of which is more fully shown on a plat made by TIMMONS, dated APRIL 16, 1998, 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 Code of Virginia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the drainage easement 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 Virainia, 1950, as amended, the aforesaid easement of road be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Vircinia, 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 Ordinance 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 of the easement hereby vacated in the property owner of the lots within River's Bend 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 GRANTOR, and RIVER'S BEND LIMITED PARTNERSHIP, a Virginia limited partnership, or their successors in title, as GRANTEE. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98 384 5/27/98 18. REMAINING MOBILE HOME PERMITS 98SN0115 In Bermuda Magisterial District, WILLIAM M. FRIDLEY, FRIDLEY'S WELDING SERVICE requested rezoning and amendment of zoning district map from Community Business (C-3} to General Business (C-5) . The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 1.01 acres known as 7708, 7712 and 7716 Jefferson Davis Highway. GPIN 791 677 4189, 4284 and 4379 (Sheet 23). Mr. Jacobson presented a summary of Case 98SN0115 and stated that staff recommends approval because the request conforms to the Jefferson Davis Corridor Plan. He further stated that there was neighborhood opposition to the request at the Planning Commission meeting, specifically regarding buffering, intensity of uses, etc; thereforef the Planning Commission recommended denial. He stated that subsequent to the Planning Commission meeting, the applicant has proffered four additional proffers which will restrict the uses on the property and provide improvements consistent with the Master Plan, prohibit access to Taw Street and provide a buffer or screening to minimize the impact on the single family neighborhood. He further stated that if the Board wishes to consider the four new proffered conditions, it must amend its rules of procedure. Mr. Dean Hawkins, representing the applicant, stated that the applicant has worked with adjacent property owners on these proffered conditions. He further stated that the recommendation of staff is acceptable. There was brief discussion relative to the timing of the construction of the berm and buffer adjacent to Taw Street. There was no opposition present. Mr. McHale expressed appreciation to everyone who worked on this request for their cooperation and efforts. He commended Mr. Phillip Cunningham, Bermuda District Planning Commissioner, for his diligent work on this request. Mr. McHale then made a motion, seconded by Mr. Warren, for the Board to suspend its rules at this time to consider the four additional proffered conditions. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. On motion of Mr. McHale, seconded by Mr. Warren, the Board approved Case 98SN0115, subject to the following conditions: A minimum twenty five (25) foot buffer shall be maintained along the western property boundary adjacent to the Taw Street right-of-way. This buffer shall conform to the requirements of the Development Standards Manual for buffers, Sections 19-521 and 19-522. {P) 98 385 5/27/98 A buffer shall be provided to screen outside storage areas from properties to the east and west. This buffer shall be accomplished by building design or by the use of durable architectural walls or fences constructed of comparable materials to the principal building and using a design compatible to the principal building on the property. The treatment of this buffer shall be approved at the time of site plan review and approval. And, further, the Board accepted the following proffered conditions: Prior to any site plan approval, sixty (60) feet of right-of way on the west side of Routes 1 & 301, as measured from the centerline of that part of Routes 1 & 301 immediately adjacent to the request property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access from the request property to Routes 1 & 301, shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded to ensure shared use of this access with adjacent properties. The use of sanitary sewer shall be employed when a public sanitary sewer line is in place and operational on the western side of Jefferson Davis Highway (U.S. Routes 1 & 301) and is within 200 feet of the request site. Notwithstanding the requirements of the Chesterfield County Zoning Ordinance, the proffered conditions stated herein and any conditions of zoning, this site shall be constructed as per the Preliminary Site Plan by Dean E. Hawkins, ASLA, dated 9 February 1998, which shall be considered the master plan for any Contractor's Shop and Storage Yard developed on GPIN 791 677-4189, 4284 and 4379. All storage areas shall be paved with concrete, bituminous concrete er other similar material. Any equipment stored on site shall not exceed a stored height of ten (10) feet. Uses permitted shall be restricted to the following: a) Amy permitted uses in the C-3 District. b) Any permitted uses in the I-1 District. c) Boat sales, service, repair and rental. d) Building material sales yard, not including concrete mixing. e) Commercial automobile parking. f) Contractor's shops and storage yards. g) Farm implements and machinery sales, service, rental and repair establishments. h} Motor vehicle sales, service, repair and rental. 98-386 5/27/98 j) Utility trailer and truck rentals. 98~N0221 RECREATION requested Conditional Uae and amendment of zoning district map to permit a golf course uae. The density mi such amendment will be CQntrelled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property ie appropriate for Iron Bridge Park. This request lies in an Agricultural {A) District on 354.6 aor~s fronting approxxm~ely 250 feel on the east line of Iron Bridge Road, also fronting approximateIy 3,800 feet on the north line of Route 288 and located in the northeast quadrant of the~e reade, also fronting approximately 3~4Q0 feet on the north line and approximately approximately 900 feet mn the east line an~ ~pprex~mmtely 950 fe~t on the ~est line of Hunting Creek Drive. GPIN 770 669 Mr. J~cobson presented a summary of Ca~ 98SN0221 and stated that ~tAff ~eeomm~nds approval and acceptance of the proffered an mppropriate use in Iron s~idge Par~$ wAich is a designated as a regional park on the County's Public Facilities Plan and Parks Master Plan. He further stated that th~ Planning Commission recommended denial by a 3-2 vote. ~e stated =hat the proffers include a 10~ foot setback that is inclusive of 50 foot buffer a 200 foot setback for the driving range; limitation~ on ho~r~ of opezation and lighting; and no wells being permitted on the preper~y. Re no,ed that the request conforms to the Central Area Plan. Mr. Golden briefly reviewed the b~¢kground og Pirst Tee partnership proposal wi~h the County regarding constructing a new golf course. He stated that the course would be ~horter than a regulation course; that the course would be designed for children to learn to play golf; ~nd that the course would almo well ~zve ~enior citizens. He further stated %hat ssvsral si~es in the County were considered for the facility and it was the COnClusion that Iron Bridge Pamk would posuibly bau good ~ite. ~e ~tated that ~h~ original ~evelopm~n~ plan for Iron Bridge Park included an amphitheater and nature center. He further stated that as the project began to move forward ma%y issues arose. He stated that th~ ~arks and Recreation Department feels ~hi~ golf course wo~l~ provide opportunities for county citizens. Ha further stated ~ha~ there will be some existing u~e~ of the property that will be displaced if the proposal i~ approved ~uch as trails for biking and hiking. ~e stated that some of those activities can ~e accomplished in other places and tha~ staff would look tc construct the new two to three miles of trails within Iron Bridge Park to address ~ome of the hikin~ and biking opp©rtunitic$ that would b~ lost. Ka further stated that staff is s~ill proposing to save trails along the Reedy Branch Creek and some othsr trails~ if the 98-3~7 5/27/98 proposal is approved. He s~ated that another concern is that the County will lose the opportunity at this site ~er ether activities if th~ golf coarse is approved. He furtka~ stated that as demands for athletic facilities increase in the future, the County wial Need to locate additional bpace. He ~tated that in 1993 the County accepted a ~rant of $2V0,000 for th~ first phas~ construction at Iron Bridge Park and thmt g~ant was stated that there are conditions on the u~e of that gr~nt and r~str~ctions of what the County can do with the property as result of having accepted that grant. Me Stated tha~ extensive conserva~io~ has ~aken Dimes with the Psper~men~ Conservation and Recreation, the ~tate agency that administer~ these grants. He read m portion of a letter from Mr. Ronald Hedlund~ Director of the ~ivi~ion o~ Planning and Recreation Resources with the Department of Conversation and Recreation, s~aLin~ that ~the expressed purpose of the Land and Water Conservation Fund Act is to assure that projects are protected in perpetuity for public outdoor recreational use; ~ ~olf original park master plan, i~ oon~istent with the purpose of facility ttnd~r the Act; %here is no evidence that this proposal is a violation of the original grant agreement; it appear~ to bm a request 9or a chan~e of u~e; thi~ action i~ permissibl~ entered into the record a copy o~ ~he letter. Ke stated the Parks and Recreation Advisory Commission was asked to consider unanimously to endorse the golf project. ~e suggested that thi~ golf proposal is a new element that could be incorporated into ~he County's regional park system and stated then he hope~ request. When asked, he stated that mpproximately seven or Mr. Cogbill, representing the developer, s~a~e~ tha~ Firs~ Tee, a puDlic/priva~e partnerskip~ wishes to make a $3 million investment in the County an~ provide twenty jobs. only p~id member of thi~ organlzation~ Mr. charles Pike~ a civil engineer £rom Timmon~; Mr. Rot Beyd, with Williams Environmental; and Mr. Lester George, the golf course architect with Colonial Golf D~ign, who w~re present ~t ~he meeting, committe~ 8tate resources to the national First Tee and entered into the reeo~d a copy 0£ a report regarding Case an~ staff recommends approval and briefly reviewed the reasons why staff recommended approval. Ke displayed a copy o~ park and the proposed golf course. Ke stated that drainage will be located to be m~v~d away from .khe existing drainage and away from cour~a pl~ying area~. Ha further stated that this proposal is consistent with ~he mission and goals of proposal also supports draft objectives of the County's stated that the County could be on the forefront and a leader in this area. He stated that the proposed reques~ is consistent with the ~Guiding Principlee~ adopted for the of First Tee including teaching kids how To ploy golf; offering provided equipment~ when needed; linking junior ~olf wink other kids' organizations; providing incentives for kids to dc well in school~ and encouraDing family tog=therness. He reviewed corporate leaders in the community involve~ in this project. ~e stated that [h~ u~developed portion of Iron srid~e P~rk, which is being considered £er the ~olf course, could be complex to house four balliield, and two o~di=io~at soccer ~ompl~×~. Ee further stated that a golf course i~ a loss intrusiv~ u~e ~han ballfields; that the establiehed hikin~ Reedy Branch Cr~k; and that up to 2.S mires of new bike trails reserved for the new bike trails, a possible location of new provided from the Un/tad ~¥es ~olf Association, indlcaLs ghat golf courses are ideal habitat ~or wildlife, especially birde. environmentally sensitive and that no w~lls shall be permitted in conjunction with the golf course operation. He then reviewed terms of the lease including constructing and ~t~bility necessary ~o maintain the facility and its operations for the norm of ~he lease"; providing appropriate property and include naming the County as additional insuzed~ opening golf course ~o the public, but dedicated for children in program~ the County gettin~ use of the course twice each year~ getting us~ of faciliuies aZ agreed times ~ree of char~s"; County designating First Tee Board members; nc alcohol allowed ~he County having the right to inspect ~he facility and audit records; the County having the zigh~ to hake back property if there is a lsase default~ the facility rever~in~ to sublease or subcontract of ~h~ facilities wi~hou~ tho County's is a unique opportunity for Chesterfield County and 5/27/98 Mr. Kevin Peyto2, a resident of Clover Hill District, stated that he feels the issue is ~hother this proposal is a proper use of 150 a~r~ at Iron Bridge Park. He ~tated that he does not feel the gslf coarse is a prcpsr uso o£ tho Park. Ha requested that the Soar~ listen to County residents and ~axpayers and the Plonnin~ Commission, and not the outside interests when ~onsid~rin~ the proposal. He requested that the Board not support the request. Mr. Joe April, a resident of Salem Woods Subdivision and President of tho Salem Woods Homeowners Association, stated that h~ joins the hom~o~n~rs of Th~ Woods and Alton Subdivisions in opposition tO the golf course at Iron Bridge Park. ~a expressed concerns relative to environmental impacts. He stated that he feels this r~uest is an example of fleecing of Chesterfield County. ~e further stated that any development in Iron ~ridga Park should occur according to the Park Masaer Plan and in line wiEk legsl requirements. He requested that the Board deny the request. Mr. Clayton Rhcade smazed that he mountain bikes and plays golf. He state~ that he feels approval of this request will reduce area property values and will increase crime in the area. He further stated ~he~ there are ~©t many areas in the County to bike and requested tha~ the Beard deny %hi~ roquest~ ~e stated that tko Iron Bridge Perk is a good, safe place to take children. He requested that the Board consider the consequences of their vote if they ~pprove ~hs request. Mr. Brian Writs, President of the Local ~ottntain Bike Virginia Chapter, stated that riding in Iron Bridge Park ~ave him ~ s~art in mountmin biking and racing and has given him the challenge and ability ~o find his personal and inner strength. ~e ~ur~her stared that he volunteers in maintaining Lhe trai!~ at Iron Brid~e Park; that it has given him self worth; and that it qav~ him ti~e to spend with his son and to Leach his son the values and respect of nature. He requested that the Board deny the proposed request nnd recognized approximately thirty mountain bike supporters who were pre,ertl at the meeting, Mr. Michael G~rtz s~ted that hs supports ~he request for a golf course at Iron Bridge Park. He further stated that he feels the proposed golf course will give children an oppor%uni~y, not available at priYataly owned golf courses, to learn to play golf. Mr. Jordan Richards stated that he has b~en mountain biking for three years and s~ted ~hs~ I~on Bridge Park ia a good park to bike and learn ~o bike. He further stated that he spends more time with his family mountain biking than with any other sport. ~a. Emily Bauer, a student at Manchester High School, submitted into the record a petition of approximately 1~1 fellow classmates in support of the First Tee proposal. 98-390 5/27/98 Mr. Jeffrey Richard stated that he mountain bikes and ~lays some golf. He expressed concerns relative to the proposed r=quust and relative to what children will do if the b~ko ~rail~ are taken away from Iron Bridge Park. He stated that he volunteers his time in maintaining the hiking and biking ~rails at Iron Bridge Park and ether County parks. Ms. ~ateland Brown, a resident of the Midlouhian Dissrict~ stated that ~ha i~ excited about the proposal as she feels ell children should have the opportunity to learn to play golf, Btu further stated tha~ First Tee would give her the e~portuni~y ~o learn to play golf and that she could play with her family, she stated tha~ she ~eels the golf course will bring many good things to the County. Mr. Elliott Zavik, ~ re~ide~¥ of the Midlothian Distriat~ stated that he is a member o~ ~he %~on Bridge Mountain Bike Club of Mountain Bike Virginia, sta~ed that he is strongly opposed to the CO~etructin~ a public golf course a~ Iron ~rldge 9ark. Me fur=her ~tated he and many o~ hi~ mountain bik~ club members have spent many hours maintaining the trail~ at Iron Bridge Park. He stated that Iron Bridge Park has cna of the best biking trails on th~ east coast. Mr. Jimmy Reid, a studen5 aD Manchester Middle School, stated thet he wants the chance to learn to ~lsy gol~ and that approval of this proposal would allow him the opportunity ~o do Mr. Chris Bishop stated that he resides in tho Midlothian District and that he is opposed to the pr©p©~e~ request. He further ~ta~ed %ha~ he is a mountain biker and bikes at Iron Bridge Park. Mr. David Brown, a resident of Nidlothian District~ e~ated that his mom and dad play~ golf ~d tha~ he and his si~ter want to learn ~e play golf. Ke exprem~e~ concern~ relative to the high cost of learning to play golf and stated that approval of the ~roposed ~olf COurSe would allow him th~ opportunity to learn to play golf, wither= the high expense of adult courses. Mr. Michael Dart, a resident of the Salem Woods Subdivision and SeCretary of the Iron Bridge Chepter of ~ountain Bike stated that they feel consideration needs to be give~ to these who enjoy passive activities such as hiking, running, wa!king~ and biking in wooded natural areas. ~e further stated that tho mission Statement o~ Park and Re~r~ation clearly state~ i~ ~bQu~ providing a comprehensive system o~ leisure and sduca~ienaI o~portunitie~, and recreational facilitiu~ for all its' citizens, while conserving and protecting eavironmental historical and ¢~l=~ral Mr. Andrew ccsby stated that he is in the gifted pro,ram at Manchester Middle School stated that he feels tko existing serves a good wholesome put-pose just the way i~ is and that constructing a golf course ~t Iron ~rid~e Park is in no way beneficial to tho County. ~e further stated that he du~s not £eel a let of children will usa this course. Me r~a~ ~nto record a letter he wrote to the Richmond Times Dispatch~ which 98-391 Tee proposal. Ms. Betsy Moorer, Advisor for th~ Youth Council of the Chesterfield County Branch of the N~%CP, stated thaL she £eals approval of the request would be a good way to teach children integrity and responsibility. She requested the Board's favorable support of the requemt. Mr_ ~ward Baptist, representing Blue Ridge Mountain Spo~ts, stated ~hs% they feel dimi~i~hment of the wooded trails would constitute a serious curtailment of hiking~ biklnp~ and walking activities. He further stated that if the =ourse is constructed, one-fifth Of the existing ~raile will be eliminated. Hs stated R lot of time and effort has been made to maintain the bike trails and noted that the work on the trails i~ voluntary. K~ further s~ated that mountain biking encourages great attributes and spor~sm&nehiD. He expressed · requested that the Boar~ ~eny the request. Mr. Daniel Colmber, President of the State Organization Me~tain Bike Virginia, showed pictures of events held at th~ Iron Bridge 9ark and other areas. ~s stated ~ha~ there have been over %r~OO 2,0OO hours of volunteer efforts to maintain %h~ bike trails at Iron Bridge Park. He further stated that he understands First Tea's support for a public~private partnership~ however, requested the Beard, on behalf of the twelve Chapters of Mountain Bike Virginia, =he 3~o active paid members in Mountain Bike Virginia, 4,500 affiliated event partleipants throughout the ~tate and from neighboring Bt~t~s, Mr. John McKinney~ a resident of Dale District~ stated that he was for its privacy. ~ further ~tated that Iron Brid~e Park is the first place in which he has been able to ri~e his bike. He stated tha~ he would li~e to learn values at the existing park facilities with his family rather than at a golf couf~. ~z. Mark Richard~ Treasurer of Mountain Bike Virginia, Chesterfield Chapter, stated that they have ~truggled with their opinion on this request. Ke further s~a~d ~har ~hey attempted Lo negatives with First Tee regarding Lhis proposal, however, he £eel~ they were not cooperative in their negotiations. He referenced a golf course being constructed at Robions and Winter£ield Roads, which includes an extensive junior program ~nd access ~er youth and bris£1y reviewed infurma~ien about the course and expressed concerns relative to duplicating the effort by constructing two golf courses. ~e presented information from the Virginia State Golf ksso¢ia~ion and Virginia 0o1£ Magazine regarding a proposed course ts be b~il~ near Chesterfield in Powhat~n County. Mn. ROger McKinney, a resident of Tho Park Subdivision, stated that the propo~ golf course will be at his backyard; thaL he supports mountain bikers; and that he supports the attitude c~ First Tee t0w~rd~ children. He further stated that he supports the golf Course, but not at Iron Bridge Park. Ee expressed 5/27/98 concerns rslative to First Tee and the County ~ot receiving input ~rom citizens regarding construction.of thls course and stated that he opposes the request. Mr. James ~rickhester, Jr. ~×pressed concerns relative to the current high level of traffic on ~untingtcncraek Drive and sta~ed that approval of thi~ request will increase traffic in area neighborhoods. Ne stated that he wi!! respect the decision e~ the Board of Supervisors regarding the Mr. Mike Stone~ a student a% ~ird Migh School~ sta~ed ~ha~ he supports ~hs requss~ and ~ha~ ~he course will be affordable. He further stated that ha feels the golf Course will be a po~itiv~ influence on children and will reduc~ area crime. stated that the c~urse will also o~fer 5he opportunity for jobs he feels Iron ~ridga Park would be an appropriate place for Dr. F~ederick Nisholas, a forme~ member of the Board of ~imilar major request tha~ was before the Beard in 1994 regarding ¢on~tructlon ©f a sports complex in Richmond, which would r~qui~ ~h~ u~e of County tax dollars sod noted ths request was approved. Ke stated that he supports bikers and golfers- He further stated that peopl~ have referenced this projest as a "social experiment~ and $~a%ed he £~els experiments~ can ~e good or bad, Ke stated t~at he ~eels if an un~iase~ survey was done of the young people ~or which thi~ proposal is being projected, ~he young people will largely support the proposal. ~e requested ~he Board's consideration of %he requas~ in an effort ~o do something positive for the young people. Mr. ~rank Schahopka stated that he re$1~ea near Hopewell and expressed concerns relative ac abe County ~iving up public land to e privets ~roup for practically free, 5e inquired as to the use of the income generated by the golf course~ if placed on use of the source by First Tee and inquired about course ~s constructed and ~tated ~hat h~ feels the needs ~o be further add~es~d ~efore a decision ms made. Mr. Don Jen~ a resident of Matoaca District and Senior Vice President for the ~CA O~ Rickmond~ staled th~ ~wu facts are golf course will serve thousands of children. He farther stated that the ~CA will be happy to partner with First Tee in this endeavor~ Mr. Charlie Smith, a physical education teacher in Chesterfield and a golf coach, stated that he ~eele children need to be given the opportunity to learn the game of golf. He further stated that First Tee would provide more young people the chance to learn the game. He ststed that he fuels the proposud golf facility would be a great asset to :he County and its youth. Mr. Robert Murray, a r~ident Of Ettrick and President of Che~terfleld Branch of the N~CP, orated that he feels Chesterfield County kas become a leader in the region. He further stated that he feels approval of this proposal would be the right thing and now is the right time %0 de it, Be stated that this is another example of regional cooperation and requested the Bosrd's favorable consideration Of the petitions with 114 people in suppor~ of the First Tee proposal, . because it is e~ e£~orda}le way ~or ~hildren to pa~tlsipata in group spor~s and that she feels it will keep children our of trouble and give them something positive to do. She requested proposal. MS. Ye~enica Templeton, Executive Director of Youth presented each Board me~lber with a copy of their annual report. She stated that Youth Hatters is an organization eomprlsud of forty individuals from Chesterfield, ~snrico, and Rich~ond~ Eta ~urther stated that the mi~iono£ their organization is to improve the henlth and safety of youth in the region through inclusion and collaboreuion and ~o increasing the number of effective and quality programs ~or young people. She orated feels th~ program is an excellent example of ~ prevention program. ~h~ further stated that sbu fuels ~hie program will be an asset ~o ~heeterfield County. She a~knewledge~ teen crime rates in the County and ~tated that mere programs, such as the proposed golf course, need to be in the County. requested the Beard's favorable consideration of the re,feast. It was generally a~reed to recess for five minutes. IlL A citizen state~ that he supports the regnant and acknowledged the increase in violence in young peopl~ activities. ~e further stated that there needs to be more pregr~m~ e~ded ~or children and requested the Board's favorable sonsi~eratlon o£ Mr. David Reecho, a resident of Glunwoo~ Subdivision, stated tha~ he is involved in many spelts, including ~ol~, and that he is opposed to the proposed 9cl~ course. Hs further stated that he doe~ not feel golf i~ the answer to curing young people of their problems. He stated that he feels people are using entered into the record a petition of fif.ty-nine signatures in opposition to the proposal. Be requested the Board tc deny the Ms. Pat Rollins, a resident of the Bermuda District, stated that her son, John, is currently the Virginia ~tate Golf Amateur Champion and has turned professional. She further stated that it was very difficult to ~et her s~n to this point and to pursue his dream. He stared tha% i: is very difficult Lot children to learn the game of ~olf~ however, the foundation of First Tee is a great opportunity for many children to learn the qame. She ~equested the ~oard~s favorable consideration Qf the r~quest. Mr. skitch Rudy, a County resident, stated that he o~poses the request and that the people who have ~poken on behalf of maintaining the iron Brid~e Park in it~ existing oon~itlon kava spoken with a t~e concern and a desire ~o preserve this Park. ~a expressed concerns relative to the terms of the lease. ~e requested thRt th~ Board listen to the citizens' concerto. ~ expressed concerns relative to the First Tee being able ~o use any of the net income for any purpose in which they chooss~ including usin~ it for other £ac£%it~es. Mr. Stay@ Gualkey, accompanied by his son Daniel, a~d a resi~en~ of The Park Subdivision, sta~ed tha~ hie scna play ~evera% sports and assist in the clean-up a% Iron Bridge Park. ~e further stated that he ccn~u!ted six area n~igkbors this afternoon, five of which supported tko request and one in opposition. H~ stated that he psrsonally~pcke with th~ owner of Bermuda Golf Course who supports this endeavor. Me further ~tated that he has attended many meetings regarding the proposed 9elf course end even though thmra has been a lot of proposal. ~e then introduced his son, Daniel. ~tated ~ka~ h~ and many of his friends enjoy playinq golf. He entered into the record a petition of i2O signatures from ~tudent~ who attend Bird Eigh School! in guppor~ of the proposal. Mr. Bill ~astin~ a resident of th~ Matoaca District, that he is Opposed to First Tea's proposal. ~e further that he is affiliated with Pocahontas 6~ata Park; that he hem donated Ov~r 1,500 boule in building trails, et~. at the Pocahontas State Park. ~ ~tated that he feels going a bond referendum for a g01f course is Lhe right direction to go. ae further stated that many people, whether opposing supporting thi~ request, care for the children. ~e stated that he feels the issue is l~nd u~e and how ~he County can most effectively meet ~he ne~ds c~ under~Drivileged children in the community. Mr. Ralph Bowling~ a resident of ~he Matoaca District, stated that h~ supports ~e proposai~ ~e further skated that he has worked with the youth in Chesterfield for the past ten y~ars. He stated that over thoM¢ ~n years he has learned that children need to be pr~vided the nsceseary resources~ which assists them in becoming productive citisens. Mr. TOm Sharing, a resident of the Treemont ~ubdivie~on, stated that he regularly hike~ ch~ bike trails at Iron Bridge Park . ~e commended everyone involved ~or their effort8 in m~intaining tko trails at the Park, He stated that he tepee the Board will the~e hr~ils so that everyone has the opportunity to enjoy this very spatial area. MS. Ellen Cosslett, a resident of Iron Bridge Road, ~tated her property abuts Iron Bridge Park. She further stated ~hat she has a pond located in her backyard in which bird migrate each year. She stated that she cannot accept the destruction of the wildlife and habitat currently enjoyed in this area, Ke further stated that she does not wan~ a golf course located adjacent Ko her yard as she feels it will de~troy her pond. ~he expressed concerns rel~tlve to the loss of her pon4 and . wildlife in th~ area if this course is constructed and that she feels there are ample golf courses in ~he County, MS. Diana Perker, representin9 th~ Sierra Club of the Fallg of the James Chapter, read into the r~cord e letter from the Environmental ~ducetlon Chairman~ exprsssin~ t~sir ~uppert of the Planning C0mmie~ion's recommendation to deny the proposed request and requesting the Board of ~upervisors to deny the request as well. She stated that she is mlse representing h~rself as a ~ermuda District citizen and expressed concerns ~eiativs 5o the negative environmental impact to the area if this course is constructed. She ~urther stated that she feels the old growth hardwood ~orest should be preserved in its natural at.ts to buffer future uses at the Park and to allow multi-use passive acLivity. She further mteted .that she received e certification from the U.S. Army Corps of Engineers stating "that the current project h~$ a jurisdictional wetland; th~ property is planned to be used for a public children's introductory golf course; no plan of development has been submitted for zeview; all of the property is in hardwood forest, laced with numerous bike trails; surface elevations range from 150 ~o 194 feet above sea level; surface water drainage is in a northern direction 5oward the creek; Reedy Creek is a large rural system that is quickly h~eomlng urbanized, it g~nsrslly d~ains east to Kingsland Creek which drains in~o tko Jamo~ River; e few minor hydrology modifications were present in the form of man-made ditche~ excavated in uplands; and these modifications did no~ have any into the record a copy of the Site Report and pictures showin~ the types of hardwood trees located at Iron Brld~u Park. She requested the Board to de~y the proposal. people and families bike ut Iron Bridge Park. She further stated that she is also an active volunteer member with inner-city youth. She stated tkat she deals with children a lot and ~hat she does not feel golf will solve their problems. She requested that the Board Support another location for the wolf course. She stated that she also feels there is a lack of mountain bike trails in the County. She further stated that she is also reoresenting two other gentlemen this evening, who were unable to attend nke meeting, in opposition of the request, Ms. Betty Taylor stated that she and kef h~a~and have resided on Iron, ridge Road ~or forty-two years and requested that the Board deny this request. She further stated that Iron Bridge Park is a great Park for senior citizens and commended the · aintenance of the Park. She expressed concerns relative to the environmental impact to this Park with the construction of e ~olf course. She stated that she feels Iron Bridge Perk is a very safe Park, however, she does not feel there will be course. She further stated that she deem not feel Iron Bridge Park is the proper location for the proposed golf course. She golf COurse would be good i~ it were located somewhere el~a. ~. Dormey Oman~ a resident of the Midl©thlan District and a v~lunt~r wi~h ~rat ~, ~tated that ~ke is also a member of the Planning Committee ~or t~e Youth Maccers Program and President of the Community Foundation serving Richmond and Central Virginia, which financially eupport~ a variety of public programs serving young people and anhanoin~ public life in 5he community, she further stated that she supports this program from a youth perspective as an economic d~velopment tool for the County and the region and an enhancement to Dubl±cly owned Dr0perty that will remain tilled to the County. She stated that there is no commercial nature to thi~ project. She further stated tha~ Pirst Tee will r%eaiv~ n0 personal enumerations for this project. She stated that in %he lee~ ~here is no~ only a governance rule, ~pecifieally far a member for the Board o~ Supervisors to appoint a reDresentative~ but the County ourrent!y has voluntear~ from the region including three additional members who are Chesterfield County residents~ who are serving in a volunteer capacity. She further stated that the lease terms provide end require on cite inspections by representatives from the County~ financial accountability, and independent public audit. ~ha stated that all pu~lic~ chari~aDle organizations, which is the structure of First Tee program, ars' required to make their documents as a public charity available for public inapectlon. 9he further stated that in addition to the enthu~iastis f~n~n¢i~l and volunteer suppor~ o£ Richmond F±r~t Tee ~0ard of Dirso~ors, an additional $~OQ,QQO commitment has 5est ~ade fram the national First Tee program, which i~ a dire~t cash a~sistance, in addition to the tec.hnical nssi~tanoe and support that is being provided at ~he national level. She stated that uncompensated assistance is being provided by Colonial Golf oe$ign~ that gol~ equipment i~ Mullet ~hri$~ian & Do,bins law firms, Timmans, PDS, Incorporated~ and Williamsburg EnviPonmcntJl. She further crated that PGA o~ America confirmed bhat the proposed eperatin~ plan of the Richmond First Tee ~rogr~m we%id be conservative and ~ttainabls. ~he encouraged the ~o~rd to support the proposed request and stared that she feels the proposal is an excellent example o~ public/private partnership. 98-397 Mr. John Early~ a resident cf Evergreen Subdivisionj indioaDed concerns as to whether the First Tee organization has the ability to manage this busin%ss and to the County giving away public property. He stated than he would hate to see a recreational experimenU fail in Chester~iel~ County. He requested ~ke Board deny 5he request. M$~ Chrissy Apperoou, a resident of the Midle~hlan District, stated that she ~s a begiu_~ing golfer. ~h~ rscd portions e~ a letter in which ~he wrote to members of the Board stating that she has worked o~ a golf COurse for the past eleven years and can attest that a golf course can be a haven for abundant wildlife~ such ~S plants, trees and animals. She slated that Iron Bridge Park has wondsr~ul t~ails as well. She requested the Beard's favsrnbls consideration Of this request. Mn. E~ndy Cosby, a residen~ of Eingsland Bead, stated that her property ba¢~s up tn Iron Bridge Park at ~esdy Branch Cresk~ She axe, reseed concerns relative to the legality of thi~ proposal and noted that matching grant ~nding received from the State years ago were given for the purpose of preservin~ ~he Park in its nauural state. She stated that an impacE and archeelogical study are required if r~quest~d by the citizens. Sh~ read portions of the National ~nviroumenLal Policy Ac~ of 1~9 requiring federal government agencies to address environmental consequences of proposed actions. She referenced portions amd objectives of past County grant applications. She expressed concerns rsla~Xv~ ~o the woodlands ~hat will be eliminated and buffering that the trees provide. She stated ~hat an archeolog~cal survey was performed in 1984. which stated that additional arch~logical surveys would be required relative to =he preservation of wetlandm ia =his area and to ~he Mr. Jerome Dodson, a resident of the Midlothian District, read portions af a letter he sent to members of the Board of Super'visors expressing the natural wildlile sanctuury that a gulf course can previde~ noting that he works at a ~olf course ma%ntenance facility. ~e requested the Board's favorable Ms. Tarri Tingsn, a resident on Reedy Branch Road, concerns relative to who would incur tko ccmt of liui~ation if citizens take further legal stsp~ against the County if the request is approved. She expressed concerns relative to residents of th~ City of Richmond supporting the proposed project when ~hey opposed the project in the City of Riuhmond. She stated that a child's character is not helped by playing ~elf, rather by spendin~ time with them~ learning their and th~ influence and guidance of lovin~ p~rsnt~. indicated that she ~eels an independent study should have been Mr. Alber~ Myers, Jr., a golf course superintendent in Chester£ield, stated that h~ son is looking forward to ~laying golf. He further stated that he feels the First T~ program cours~ will provide a safe and affordable option for him tS would be a nice addition te the already fine recreati0nD1 ~acilitiee in the County. He noted the benefitm of turf grams mad requested the Board'~ favorable ~onslderation of the request. Mr. Joe Crockett, a Midlothian District regident, stated that he has attended many meetings regarding thio issue. ~e noted that petitions with approximately 400 signatures~ in opposition of the recpzest, was submitted to the Planning Commission. He expressed concerne re!ativa to the financial impact to County citizens if the golf course fails, ~s requested ~kat ~he Board support the recommendation of the ~lanning commission and deny this proposal. Mr~ Tom Yeager~ a resident of the Clover Rill Dis~rict and Commissioner of ~hs Colonial A~hle~ic Association in Richmond, sta~ed that he feels the County needs to respond to the divereity which exists i~ the County. He further stated that he feels this proposal is a win-win opportunity in which golfers and bikers will both be well served. He no,ed that the proposed Virginia Gel{ Association was to be a high chill level ~r. Brit Ragle, a residen~ of winterpook, ota~ed ~ha~ ~e rides motorcycles and plays tennis. He further stated that he supports the ~olf course at Iron Bridge Park and that he feel~ the course will give children and many others the opportunity to learn the game of golf. He expressed concerns rela~ive to the high cost cf current country club fees. He stated that Chesterfield County should be commended for being proactiv~ in this venture and that it is an opportunity tko County should no~ pass up. MS. Patricie Lohr, President of Fuqua Farms Civic Association~ expressed concerns relative to giving the ~nrk away without e Tee can provid~ a got~ opportunity in another area and requested that the Board deny the golf course proposal. Mr. Mike Pelker, a resides= of Clover Hill District and a men.er o~ the Pro~essioael Golfere Association of America, Mid- Atlantic SesSiOn, for twenty eight years, ~tated that he feels this proposal is an unfair busine~ practice, Me fur=her ~tated that ~hls projec~ is on tee much cf a ~as~ track, deriving from the Tiger WOO~S Foundation, which is an effort to get inner-city children involved in golf. He requested that the Board do the right thing when uonsidsring fhls request. ~e to play gol~ for ~ree, but Chesterfield children having to pay a fee. Re stated that £f the proposal is approved, all children ~hould be able to play for frog, Ke furEher stated that character and integrity is not learned hy playing the game of golf and urged the Board not to approve the p~oposal. Me suggested that the Co~nty file for federal and Stat~ ~un~s to purchase the old Pocechoek Gol~ Course for public use, ~hereby reaping the profits. He reques~a4 the Board consider citizene' concerns when considering this request. Mr, Hollum McCabe stated that he has resided in Khe County for thirty-£ive years. Me further s~a~ed that when he voted on the bond issue in 1984, he voted for a park, not a golf course. ~e place it On a ballot for a citizens~ vote. Ka stated that he does n~t feel a golf Course is needed in this area. He further elated that he feels the Iron Rridge Park would be destroyed if a golf course was con~truct%d. He stated that he feels tko located in Chesterfield. which gives Richmond First Tee permission to mortgage the lease she f~els this clause should be dele%e~ She expressed net surplus may be designated for developmen~ or maintenance of additional facili~i~m" and stated that she f~ls that lO,~. which sta~ss 5hat "the Facility will bo eden to the should be ~uarantmed a block o~ time ~cr general public use. She further statsd tha~ relating to section 10~b,, ~hat since County taxpayer dollars are mubmidizing ~he ~olf course~ the recelv~ a substantial discount. She stated that ~he feels all senior citizens should be allowed Zo play fr~ one day per shall b~ made reasonably available free of charge for County pub]~c schools for physical education cla~se~ and a~d ~ta~ed that since the County is providing the land for the property line...~ and the~, traditionally, developers are required tc bear the e~pen~e of utilities' extensions. She Ches%erCield County taxes, based om fair mmrket assessed value. ~he further state~ that she feels that the proposed lease is in Mr. Warren requested a copy of Ms, McCa~frey's remarks. Mr. Joe $irome, representin9 the Jefferson Davis Cozridor Association, stated that they support the First Tee Pro,ram. He ~urther sta~ed tha~ he is al~o a memb~ of the Falling Creek Middl~ Sci~ool Council end quoted a statement by the Principal of the school stating that ~I am glmd tO hJve rhs opportunity ~o t~ach my kids how to play golf. We have never had this Brid~e Perk and stated that he feels the facility could be a win-win situatiom. Re further s~sted tha~ he ieels if many people in opposition of the request could get past their first level of thought process, this could hms win-win situation for the entire County and its residents. He requested he Reard~s favorable consideratlen o~ the request. 5/27/98 Mr~ Ceorge Beadles stated that nothing remains the same over time~ Ke further stated that ke feels there should De a conditional use governing all p~k$ witb'a master'plan and not allowed to he changed without changing the conditional use. He requested the Board approve the request and indicated that he also would like to see the bike trails remain. Mr. Robert Wrenn staeed that he played golf on the PGA tour and is now a golf announcer on ESPN and grew up in Chesterfield. who were melmbers cf a private golf club as he was growing which gave him unlimited access to playing golf. He stated that he feels golf teaches a person a lot about themselves~ integrity, and interaction with each people. He further stated that he feels the First Tee p~ogram would provide a variety of reersat£onal sct~vities. ~c stated that he feels lot~ of children would like tc learn golf, but it i~ ~trictly a factor of aceessability and affordability. H~ further ~%a~ed ~ha~ he is a First T~e Board member and he ha~ never received any El;De of payment from First Tee and never will. ~e stated that First Tee ~s ~first~ ~ecau~e it is ~st" for children. ~r~ Walter Marsh, a Chesterfield resident, stated that he not feel this project ~issa to a level high enough to place it as a priority on the capital budget. H~ further stated that he feels tko demands on the taxpayers ar9 tOO high. ~e expressed co~c~rn~ relative to prc~fered condition number 4, regarding ee=back~ an~ ~0 number 5, regarding design to keep golf balls out of adjasent propertie~. ~e ~tated that he feels setbacks should be 3U0 feet~ not 1~0 end that proffered condition number 5 needs tO be more re~trictiv~ to minimize Lulls hitting homes, He further stated that ha feels the County should afford the adjacen~ property owners the same protection as public rights- of Mr. Gary Haddar, a resident of Hsnrieo County, stated that he feels this is clearly an iSSue about the choice of the resources in Iron Bridge Pa~k. Me further stated that ]ulf has many positive impacts on his life. Mr. Willard Childres~ stated that he does not feel a golf ~ourse should b~ located at Iron Bridge Park and expressed concerns relative to the n~gatlve impac~ the golf course would h~ve on the environment. He ~urther stated that he does not feel the plan will work sad that the County mheuld not risk the chance. Ke referenced the federa~ gran~ ~or the Park~ ~peoific~Ity ~s i~ rela~ee tc protection o~ natural resources3 the amount of acreage that is to remain undisturbed; and to fees relating to activities at the Park. He stated tha~ Henrico County ha~ a public g~lf course and %hat in June, !997~ ~ rounds o~ youth golf was played and in February~ 1998 eleven round~ of youth golf was played. He noted that the cost for youth playing at that golf Course was approximately $10 per further. He further stated that he would lika First Tee to have a target regarding the amount of gulf that will be and if the target is not reached, th~ sponsors of the prcjec~ could be compelled to make changes. He further stated that it relates to the lea~e, he feels that the proceeds ~rom sale of timber should be given tO the County and that First Tee the dirt also belongs to the County and that if a pond or lake from the sale of any such dirt. HS requested that the Board Mr. Jim Blatley~ a resident of ~untingcre~k Hills Subdivision and aa adjacent property owner for seven~een years, stated that h~ 0ppo~e~ the request. Es ~urther stated that county Dar~s f~td~, etc~ He referenced the federal grant that would allow 1/3 of Iron Bridge Park to re~ain undeveloped. Ee stated that privately owned ~ol% course, He further stated ~hat as ~ar as he i~ aware~ this i~ the only public/private partnership that will take park land and convert it ie~o a privately owned, fee ba~ed ~a¢ility. ~e requested that the Board deny this r~queat~ ~e stated that he hopes that the Board would also consider any l~ft in th~ CounYy. Ke suggested ~hat ~he County give First Tee some other idle County land, not park land. Ke requested that the Board keep this property as a nature preserve. Ms. Leigh Spore, a resident of the Clover ~ill District, stated that st9 opposes the ~olf c0u~ae as %co much of the County~ natural resources would b~ taken away, she further ~tated that she Ceels this property should remain in its natural ~%e~e and requested the~ ~he ~oard ~eny the request. MT. Paul.Mickian, a resident of Clover Hill District~ and repre~ntativ~ of the Professional Golfers' Association and President of the Southern Chapter, state~ that he ~upports junior golf. ~e further stated than he Zeals this golf course will be a success. Mr. Dave Floor, a resident of Plum Creek Subdivision, that he feal~ the proposal is a bad idea, ~s. Ruth Kersey ~tatad that she is opposed to the golf course at Iron Bridge ~afk. Mr. David Rrown~ a resident of Midlothian District, stated that h~ feels First Tee is looking to develop the game of ~$1~ family and ki~s nog to reap :he benefits of money. stated ~kat he plays gol~ and his family is laarnin~ the ~ame~ He ~urther stated that he ~upports construction of the Ms. Phyllis Latay sta~ed uha5 she opposes the request. She e~pressad ~onc~rn~ relative to the loss of the trees if the being ~OO ~0O years old. she requested the ~oard deny the Mr~ Ruben Waller, a resident of ~hs Mi~lothian Di~trict~ stated ~he~ he supports the reques% an~ requested that the Board apprcvs the request. Ha fnrthmr stated that he ~eel~ the ~olf course will add a valuable Commodity that is missin~ in the quality o~ life in Chesterfield County. 9~-402 ~/27/98 Ms. Irene Rosco stated that ~he does not fe~t the self course is viable for the community and that she feels the proposal needs to be furthe~ addressed. She e~pr~ssed concerns that an impact study has been 'so~ducfed and sfate~ that s'he feels many other types of studies meed to be considered as well before a deciaion is made regarding this proposal. Mr. Barton Vanderherfhen seated that ns social or ecien~i~ic study has guaranteed that this progrs~ will wo~k~ He further ~tatad that h~ fe~ls there has been a lack of courtesy to those who reside in this area. ~e ~a~ed that he enjoys Iron Bridge Park and expressed concerns fhf~ a majority of those in support of the request do not reside in the proximity of the Park. He expressed concerns relative to the inCreaSe in congestion in this area i£ the golf course i~ approved, He ~a~ed that other people, no~ only ehildren~ need to be considered as this proposal is voted on. Me. ~ancy Finch~ Chairman of the Citizens for Responsible Qovernment, state~ that ~hs ~oes not like to see thi~ propoeal being described ~n anti-environmental issue. ~h~ further orated that the Citizens for Respon~ibl~ ~overnmeut request the ~card's favorable consideration of the request as they feel this effort will provide a whole~ome and healthy opportunity ~cr outdoor activity for young people and oth~r~ in ~ha community. ~h~ commended ¢ommvni%y members who have mad~ this endeavor possible. She entered ia~o the record a copy of her remarks. A citizen expressed concerns relative te the negative environmental impact that the golf course will have on the area; whether the course can be funded next year; smd whether the course will be approDriafely staffed. She r~quested that the Board further address this proposal before making a Park land. Glen Golkey, a student at Lloyd C- Bird ~igh School. stated th~ many of his friends ~upport the golf ceurea Dropnsal and requeeted that the Board ~uDport the request. Mr. Tom ~ethews~ a resident of Midloth~an District, mad ems of the owners of Roekwood Golf Park, stated that he has jus~ commenced oonD~ruG~ion o~ a $2.5 million golf practice facility on ~ull 8treat Road. He further ~tated that, lik~ First Tee, his company is prepared to make a $2.5 million investment and crea~e approximately ~wenty jobs in chesterfield County. He s~a~ed KhaZ they did net ask the County t~ donate public land to their project and that they will be p~ying County taxes. ~e further stated that they oppose the golf driving range portion o~ the First Tee proposal because i~ is wrong for Chesterfield donnty ~o subsidize a golf driving range that will compete directly with privately owned driving ranges. ~e stated that the private sector is already ful£illi~g Yhe need for golf driving ranges in the Counuy, which ~rovids inexpensive programs for children to learn to play golf. He stated that they suppor~ First Tea's end. aver, however, are requesting that the lights be removed f~Om the ~olf driving range so ~hat First Tee will not directly compete wi~h existing ranges. He presenta~ an overview of a map showing the ten mile radius 5f27/~S markets of each respective facility. When asked, he stated that he anticipates opening si.their facility by Labor Dayl Mr. barren Gardner, representing Kingsland Meadows Subdivision and three property owners whose agriculturally zoned property surround Kin~sland Meadows Subdivision, submitted into the record a copy of a petition with nin~ signatures out of eleven homeowners in the Subdivision, supporting the golf propo~al~ ~e commended Pirst Tee for this endeavor and all the inv~Dtore who are willing to put thelm ~on~y back i~to the community, 5e stated that ha feels that it is time that Chesterfield embarks on new territories and requested Board's favorable oonsideza~ioa Qf ~his request. M~. David Ccsby~ edjoining property mwn~ to Iron Bridge entered in~o the record a copy of the Application em the Commonwealth of Virginia Commission cf Outdoor Recreation for Matching Grant Funding (recommendation for recreation access funding for Dele Park Phase I Development). H~ commended Mr. Daniel for hie efforts regarding this proposal. He briefly reviewed sections of the Application/ He ex-pressed concerns relative tu constructing a golf course at Iron Bridge Park and tm issues surrounding the irrigation of Iron Bridg~ Park. stated that th~ County agreed to leave one-thir~ Q~ thi~ property in a natural passive sta=e. He also entere~ into record copy of information from The Contract Bond Book relating to Owner-BuildinU Bonds to Lender. He expressed relative to the leas~ agreement ea~ sta~ed that the lease is very vague. Ee requested thai the Board deny this request. Mr. Fred Tatter~all, President of the ~atlo~al First Tee Chapter in Richmond, stated that Virgt Tee will not benefi~ financially from ~his program. Ee further ~tate~ tha~ organization is yeuLh-oriented. ~e ~ated that their goal is to addre~ the major problems of affordability and accessibility as it relates to children and golf. ~e further stated that ~ ~iving range is necessary to teach children the game cf gol~ and that they do want lights available at the range to help raise revenues because they want to subsidize the program~ for children. ~e ~t&ted that ~he virgini~ State Golf Association hopes to construct a golf ~aeility in the rotate, however~ the fncug will not be children. He ~urther ~tat~d that one of their purposes is to try to Iocat~ in a moderate income ~rea. ~e further stat~d ~ha~ he feels ~his program will be a great project for everyone in ~he Countyl Mrl [oo[y EdwarA$~ ~ resident of Kingsland Woods Subdivision, stated that he feels a main issue is ~hau ~he project is bein~ forced without all the details being sddresssd. He presented a 198~ Master Plan of Iron Bridge Park, showing a number of nature trails. Mr. Mike Thomas, a resident of the Dale District~ stared that public/p~ivate partne~hip~ a~e good, he,ever, h= feels it is different in thig gituation b~cauee this proposal will disrupt the £n~erest of many citizens. Ee further sta~ed that he does opposed to change, but are ©pDos~ng change without input. 98-404 5/2?/98 Park to be constructed. He inc~irsd as ts the County's unwillin]ness to.abide by the conditions Hr. Jim Murphy, e partner in the ROckwOod Gulf Park on Mull that liuhts at their driving range are not necessary. Xr. Tim Merry, a r~ident e£ the Midlothian District and Executive Director of Richmond First Tee, mtated that this ie $ win-win situation ~or everyone. He further stated that he is the only First Tee member that is paid. Ea stated ~hat ~hey als0 Gon$~ruo~ a golf course in the City. He briefly reviewed the process that took place in the City of Richmond which e~aSed thus there are hundreds of requests being made te the ~tional ~irs5 Tee in an effort to become part of the First Tee pro,ram. ~e requested that the Board wive the First Tee that the ~atlen$1 First Tee currently has projects at ~ive existing golf facilities in Other States where they ere refurbishing existing courses. There ~eing no one ales to a~reee this issue, the publis heeriny was closed. Mr. Cogbill stated that the issue raised is that this project would bs good ~somewhere else" and that putting a pro,eot ~eomewhere else~ always seems to be a good idea. He further ~tat~d that lif~ holds no ~uarant~. ~e ~tate~ th~ mountain believ¢~ la wha~ ~hey are doing and have done. ~e ~tated, however, that the petition ~t%bmitt=d by the mountain bikers, in opposition to the request, had lS~ of the 390 signatures by residents of ~hs City o~ Richr~ond. He further stated ~han the applicant is trying to build m new faeiliuy that benefits ~he County, He s~ated that he feels the mountain bikers have legitimate concerns, however~ he feels the concerns are being addressed by staff. ~ requested that the ~oard be a leader in local governmen~ and ~uppor~ this request. He read portions of a letter fro~ former President George Buuh supporting this request. Mr. Daniel exprensed appreciation to everyone for their input. issue of golfing for children is not ~hs only issue. Ke s~aZed that the core issue~ relate to~ in hi~ judgement, a trust in allowed %he County to move in this direction so quickly, Me stated the5 h~ supported his colleagues in moving forward the Board failed, alsnq the line, in dealin~ with the publlo I ..................... i ...... J~ Commission has r~commended denial of the proposal, He further statsd that he has reviewed tke'trenscripte and videos of the Planning Commission me~tin~ in an attempt to gain public Planning Commission meeting Ykere ware twenty-two speakers in opposition and eixteen in support. He ~urther stated that there were approximately 60 70 speakers this evening with the was no provisions for a central area par~. He further ~tated that from that bond referendum, the County made technical adjustments for lighting and secured some funds. He stated that using thos~ f~n~s~ approved by County vo~ers, Iron Bridge Perk has bean blessed with a continuous and orderly development. Me further stated ~hat es far as the strategy to deal with young people, the County hesa long-range planning committe~ which is dealing with involvement and opportunities for children and %hat recommendations will be brought before the Board of Supervisors by this committee in the future. stated that the less~ originelly was fur ~wenty years and now Xt i~ ior thirty years. He stated that the original concept f~r this particular tract included an amphitheatrs~ which the Board has never taken any action on~ it included nature trail~, but no golf course. He stored that there was a conducted which concluded that ~olf was not even in the top ten Sports desired by County citizens. Me further stored thet no time was a 9elf cours~ eemarked for ~his property. He further sta~ed ~ha~ et no time has the Boerd o~ Supe~visore aver a~reed to, or suggested, partnership, own~rship~ or having its own municipal course. He expressed concerns relative to th~ lease and stated that the County has never given any public preper~y away without ~eouring a significant return on investment for the public. He stated that hu contacted Hr. Tod Leiweke, Exeeutlve Director of First Tee. regarding this request. He further stated thet conversations revolved around naming the organization Chesterfield First Tee and the merket boundaries of the facilities. He stated that he doe~ not feel this is a lease of value, but one of convenience. He expressed concerns relative to the languege in the lease rslatin~ to land lease ~es and stated that there is a heavy price for land di~urbance~ He expressed concerns relative to the burden to tko ~axpeyers at the end of tko thirty years. He indicated the lease is not ~e~trlctlv~ enough. There was brief discussion relativ~ to the cost of extendin~ the wat~r llnes. Mr. Daniel stated that First Tee hes epproprie%e liability, however, if any lawsuits result from the facility, citizens will ge a£ter the deep pocket theory because the organization is not ~elf-in~ufe~. Ee further stated that he did not sea anything i~ the lease that would require First Tee to cover all costs, £ee~, awards, or any other legal bills that may come forward from such lawsuits. Hu stored that if the facility defaults, the County will be held responsible. He further stated that he feels PXr~% Tee i~ truly eimcare in helping young people, however, the organization is new, has a limited ateS~, and that their funds ere available for only thTee years. ~e stated that First T~e will sanction e three or nine hole course, therefore, the COunty has the option of doing much less than an eighteen hole golf course. ~e further stated that he does not feel this project is uhe public's will. He concerns relative to First Tee, durinG the approval process, zequiring alcohol.and lacking a busigeee~plen. Ks stated that he feels traffic will incrsase in this area if th~ golf course is ~onstructe~ and that environmental i~ue~ D~d to be addressed. He referenced the co,meat of Dr. ~icholas regarding the ~atltorlum, which was to b~ a re~iona~ effort ~o bring ~he Olympic Festival to the metropolitan arsa and that after the Olympic Festival, it was to be marketed for children. stated that area localitiss did not support the County in thin endeavor~ therefore, the faoility wes no~ constructed. He further sta~ed that he would pre,ar a referendum regarding the project. He stated that the County still ha~ the opportunity tO COmpromise and an opportunity to still ~ove forward. He %urther s~ated that he would suggest working wi~h the private sector in an effort to look for another location. ~e ~tated thst the Board has been exposed to a lot of information re~arding this project. ~e iurther stated that he was made aware that the bike trails at Iron Brid~e Park are currently used for commur~ity policing s~or~s. We ~urther ~tated that he ~eels there are too many unresolved issues that need to be further addressed. He stated that h~ does not feel the Board has heard ~rom the wilt of the people fo assure that ~hera is total support for this project. He further stated that no business plan has ever Dean submitted a~d that the lease does not give long-term protection to the Coumty. ~e stated that there is no referene~ to public use of golf in the currant Capital Improvement Program. He further stated that ha plans 5c make a motion for denial at the appropriate time, however, he would support a tong-term deferral. He stated that h~ does not feel the paper before th~ $oard is ready fQra public affirmative vote at thi~ time. When asked, MB. Joan Salvati, of Environmental Engineering, stated that with golf courses, there is always a putsntlal for nutrient, as wall as pesticide and herbicide runoff_ She further stated that her comfort level for this project elevated because of proffered condition number 9 requiring nutrient management plan ~ud proffered condition number requiring buffazi~ which will filtsr nutrient or pesticide~ run-off from the ~o1~ course. DiSCUSS~On~ oomments, and questions e~eusd relative to th~ site plan approval ~rocese as it relates to this request~ the site plan process being a public process; the zdequacy of the ~nvironm~ntal assessment; the appeal procesn on a slt~ plan decision; environmental r~q~iremente; and the timing e~ the Corps of Engineers and D~Q approvals. Mr. Warren stated that he f~l$ it i~ normal for the Board ~o ~ake action prior to detailed plans and studies being ~inalized. Me further stated ~hat he does not feel it would be normal to wait for the necessary pelvaits and then take action on the proposal. 95-407 There was bri~ discug~iQn relative to what activity can occur without having a land disturbance permit; the timeframe in receiving s land disturbance permit; and to County staff ensuring appropriate approval is obtained before the pzojeut When asked, Mr. Micas stated that there are no indications that there are any legal barriers that would prQhlbit er preslude the State from approving this golf course use. Discussion, comments, and questions ensued relative tm the m©umtain biking community working closely with Pocahontas S~ata Park on the construction of a new b~ke trail~ there being approximately ten miles of new bike trails being completed ~oo~ at Pocahcnta~ State Park; and to the differ~n¢~ between this proposal and ~hat of the Sam snead Golf or~snizatlon to start a Virgini~ ~olf tra~l_ Mr. Cogbill stated that th~ ~pplican~ did aunemp~ to initiaua discussiens with ~he County regarding First Tee assisting zn the funding of the new trails at Western A~a Park, howsver~ was unsuccessful. He further stated that he weuld be willing to recommend ~o his client to begin that dialogue again~ however, he ~oes not feel he could make a commitment tonight regarding this issue. Mrs, Humphrey stated that there are several mountain bike groups who should be part of the discussions with First Tee end County staff regarding the construction and funding issue for the new traila. Discussion, uommen~s~ and questions en~ued relative to The efforts that the mountain bike group has put into the construction/ maintenance of the trails at Iron Brid~e Park3 whether a permitting process was followed as it relate~ to trail construction; there bainU no formal agreement that the t~ails woul~ never be eliminated; the types and location of trails at Iron Bridge Park~ appro×imate~y six miles Qf trails being eliminated aZ Iron Bridge Park if the course waa constructed; the construction of two to three miles 0f trails, which would be more along the b~gi~u~%r ti/pa trails; bikers citizens being able to walk the course so lsnf as there is no golf activity taking place; and the length of the cart paths for this golf course being approximately three miles. Warren stated that h~ feels the mountain hikers n~d to be included i~ futur~ recreational committees to assist in deuision- making processes. to work with ~ke Mountain Bike Association. M~. Daniel stated that it appears that he does not hav~ enough votes tu sustain his position, but requested that the Board not consider the lease a~ this time because it has many judiciary issues that need to be further addressed. Hr. Warren co~curred with the request regarding the lease made by Mr. Daniel, .. Mrs. Humphrey also c~ncurred with the comments expressed by Mr. Daniel. Mr. McHsle stated that h~ w~s prepared to make a motion. ~urther stated that he has very mixed emotions about this request. He stated that ha feels it is difficult to act upon a case such as this, particularly~ when it is located in another Board me, er s Dzstr&ct. Me further staued ~hat he has enormous respect for Mr. ~anlel. He sta~ed that this is a land use issue and that he ~eele the zoning i~ keeping with the Plan. He further stated that he feels there are reasonable alternatives for the mountain bikers; ~hat the golf cour$~ will allow young children the o~portuniZy to play ~olf~ and tha~ he ~eals ~his proposal is a worthwhile project. Me further stated that he is alarmed and ~eels that it is v~-~ dangerous that there is a use in the County parks that has become, in some peoples eyes~ vested without any action by the Board of careful about who is using County parks and how they are using them. Ha further stated that he is comfortable that the envir©nm~nzal i~$u~ will be addressed an the ap~roprlate time and place. ~e commended everyone for their input. Mr. McHale then made a ~otion, seconded by Mrs. Humphrey, for ~he Board no approve Case 98E~0221 and accept the pro,fared zonditicns. Mrs. Humphrey stated uh&t $hs efts plan process is where many environmental issues will be addressed, she referenced a leLter from She Commonwealth cf virginia, Department of Conservation and Recreation, regarding there possibly being ~rOtocol challenge to whether Priends of Pocahonta~ ~tats ~n actually issue an official position on a zonin~ ~squest in Ches~erfie!d County. Mr. Daniel offered mn amendme~ ~o the me,ion to add dlstur~snce w~ll mc~ur until ell necessary De,mits have been secured. He ~ated that he feels this amendment w~uld raise th~ comfort level of many people. legitimate request~ land disnurbance permit is issued once they meet the County's requirement and notificati~n~ are sent to DEQ~ whil~ some of the other approvals are being reviewed. He further stated ha understands Mr. Daniel'~ amendment to prohibit any construction/activity until all permit~ w~e secured~ which w~uld be outside the normal process. ~r. Daniel staked that the fears of citizen~ are that something would show that the Board ~e going the e~tra mile and ~ome £aith in the Board of Supervisors. 9S-409 5/27/9~ No one seconded Mr, Daniei'~ proposed amendment to the mohion~ would be good for mountain bikers to be coneidored to servel of wild~ife ze~uge at Dutch Gap and tko Board concurred with citizens. Me further stated that the County has done some that for those reasons he is comfortable with supporting the motion· Mrs. Humphrey called for th~ vote on the motion made by Mr. Morale, seconded by Mrs. Eumphrey, ~or she Board to approve Case 98SN0221 and accept the following pro~fored eonditionS~ Uses shall be limited to the iollowing: k golf courme and driving ran~e~ plus customary accessory uses ~o include, but not necessarily be limited to putting ~re~ns; a clubhouse; a pro shop; a snack bar/r~tau~ant; an offi~ for maintenance personnel; ~ain~e~nsa facilities; parkln~ for m~intonan~e vehicles, golf cart$~ and emergency vehicles~ and other such uses that are customary access©l~ and incidental ~© golf course course shall not be open to th~ public between the hours of 9:00 p.ml and 7~00 a.m. The ~riving range and customary accessory uses to Khe driving range shall not be open to the public between the hour~ of 11:30 p.m. and 7:00 a.m. With the exception of the driving range customary accessory us~s shall not occur between the hours o~ 12:00 midnlgb~ and 9:00 a·m. With the exception of after-hours security liuhting, only th~ driving Iang~ and custommry accessory uses to the ~iving range shall be lighted. A~y ligh~in9 fixtures to accommodate the driving range use shall be designed to either direct th~ tight away or shield the light $ourc~ from adjacent residentially zoned property ho the north, sou~h and southeast and away from agriculturally zoned property to the north and east- Security lighting may only b~ permitted by tho ~Ianning Commission upon review and approval of a llghrlng plan Except as noted herein, all facilities shall be se~ back a minimum of 100 ~eet £rom Dro~erty boundaries adjament to residentially zoned property to tho north, south and southeast and from esriculturally zoned properties to tko north and east. The driving range and customary accessory uses shall be set back a minimum Of 200 from adjacent residentially zoned preperties ~o the north, south Hnd ~outheast and from agriculturally ~ened properties tO the north and ~a~tl Within these setbauks, and adjacent ~o the aforesaid property boundaries, a fifty (50} foot buffer shall be maintained. Within this buffer, existing, vegetation shall be maintained unless removal is approved by the Planning Commission thr©ugh site rovlaw. The only facilities allowed within this buffer shall be bicycle end walking trails associated with public park uae, but not gol~ course use; and security fencing; and utili=ies which run generally perpendicular through the bu~er. Facilities shall be deskgnsd to minimize the possibility of halls in play from entering public rights of way or adjacent properties. The design shall preclude Ehe use of physical barriers along the public rights of way other than decorative fencing or walls~ topography requirement shall bo submitted for approval in con~unction with site plan review. ~×cept wh~ru the rsquiremen~s of the underlying A§ricultarat {A) zoning ara more restrictive or ~tandard and with th~ exception of the requiremen5 that the sourc~ for lighting of ~he driving range and customary accessory uses be shielded from view ~rom any adjoining A or R District and any public right o~ way~ Zoning Ordinance and D~velopment S%an~ards Manual for Corporate office (O-2) Dis~rist~ in Emerging Growth Use of wells ~or water supply shall be prohibited. Any lease negotiated between the County and any oth~ entity to construct, maintain or operate the golf course ~hall includ~ a pruvi~iun ~ha~ statue them the lessee or its sublessees or assigns shall not permit the sale or consumption of alcoholic beverages on the property. County, the lessee, ifs sublesse~ or assigns abide by uhis lease term. ~rior to operation of the gol~ course, a fertilization plan fur tho golf course shall bs submitted Lo the Chesterfield county Extension Agent for approval. A mcnitorin~ program, acceptable to th~ Extension Agent, shall be implemented ~c e~sure compliance wi~b she approved fertilizatiun pla~. 9s-411 5/27/98 10. Except for timbering approved by the Virginia State Department mt 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 and the approved devices have been installed~ It wa~ generally agreed to recess for five minutes. Mre~ Kumphrey ~tated that the public hearing on the lease this evening. She further stated that there are many issues Mr. Ramsay clarified that th~ motion would be to suspend rules to consider one additional i~em ~his evening, zoning requeM~ 98SN0191~ ~nd then the Board would recess to 8:00 p.m. Ayes: ~um~hrey, Warren, Barber~ Daniel~ and McHale. Nays: None. rezoning and amendment of zonzng district map from NeighborAoed Bu~ine~ (C 2} to Res±d~ntial (R-12). Conversion of a commercial building into a gingle [~mily ~e$1d~nce is planned. R~den~ial u~e o~ up to ~.6~ unit~ pe~ acre is permitted in a Residential (~ 12} District. The Comprehensive Plan suggests the property is appropriate for neighborhood commercial use. This request li~s on O.~B ac~ known as 2%101 Chesterfield Avenue. GPIN 795-~11-9466 (Sheets 53 and 54 ). Mr, Jac©bson presented a summary of Case 9~$N0~9% and stated that the Planning Commission recommend~ ~pprov~%. Me further s~azed ~kat staff zecommend~ denia~ because ~ha proposed zoning and land u~e dm not oonfor~ to ~he ' ' and c©mmerei~lly zoned properties lying adjacen~ to this property. Mr. Jeffrey Anderson stated that the recommendation of the Planninq Commisszon is acceptable. On motion of MrS. Humphrey, seconded by Mr. Barber~ the ~uard approved Case 988N0191. On motion of Mrs. Kumphrey~ seconded by Hr. Warren, the Beard recessed at 5:00 a.m. to th~ same day, May 28~ 1998, at 8:00 Ayes: Humphrey, Warren, Barber, Daniel. and McH~ie. Nays; None. a~forts in conducting this evening's meeting and to Comcast staff for their efforts in having to work ~uch a long meeting. Mrs. ~umphray expressed appreciation 50 %he ui~izens for zheir input and patience. N~s. Humphrey called ~he meeting to order at ~:00 p.m. on May 2~, 1998. Hr. Stith ~ave the invocation. Hr.' Eammer led the Pledge 0£ Allegiance Zo the Flag of the UniZed States of America. on me, ion of Hr. warren, seconded by Mr. McHale~ the Board suspended it~ rules at this ~ime to change the order of Ayes: Humphrey, Warrsn~ Barbsr~ Daniel, and McHale. Nays: None. Mr. Ramsay clarified that the order of ~he Agenda in which ~he ~oerd would consider would be I~em 1~., Remainin~ Mobile Home Permits and Zoning Rogues=e; I=em 8.c.10.d., RequeSt fur Con~tructa RetarDing Wall and Fence on County ~roparty~ Item ~C.23.f.; Transfer of Three Cen~ Read Funds from Each of the Five Magisteri~! Distrlct~ to Purchase Unifo~s and ~cpaipment for the Chesterfield ~occer Club ~/t4 Bocc~ Team~ an~ Uhen Item 17.F., Public ~e~ring ~u Consider a New Lsa~e A~reemen~ Wi~h ~ichmond First Tee for ~pproximazely 150 Acres in Ironbrid~e Park for the Purpose o~ Cons~ructin~ and Operatin~ an iS-hole Golf Course. (Amended) In Clover Mill MaglsZeria! District, ~O~ DEPOT U. S. Ac, INC. 2%~9D IRVIN G. HOP~NER requested retching and amendment Of ~o~ing district map from Agricultural (A}, General Business (C 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 o~ Conditionml Use Planned Development Case gSS1B3 o~ a tract currently zoned Light indu~tzlal {I 1) relative to uurb and gutter, pavement. road improvements and permitted uses. A mi~ cf commercial and industrial uses is planned. Th~ density of such amendment will be controlled by loning =onditlons or Ordinance a~andards. The Comprehensive Plan suggesLs the property is appropriate for light industrial use, This request lies on 174.7 ~cres ~r~nuin~ ~pproximately 2,500 fmet on the north line of Mull Street Road, approximately 1.~00 feet on the west line of Warbro Road and approximately 1~800 feet on the east li~e of Route 288, and looated in thc northwest cfuadrant of the ' intersection of Mull Street and Warbro Roads. ~PIN ~7 650 and 20}. ~. Jad©bs©n presented a summary of C~$e 9~$~0175 and stated that =ha Planning Commission seeommend~ approval and acceptance of ~k~ proffered conditions. Me further stated that staff recommends denial because while the proposed light industrial zoning and land uses conform to the Rowhite/Routs ~8~ Devolvement. ~rea L~nd Use and TransDor~ation Plan, which suggests the reque~L property is appropriate for ligh~ industrial ~se~ the proposed commercial zoning and land uses do not conform to the adopted ~n. ~e s~at~d %ha~ there are alternative sites available for z~tail usaa including the zoned~ undeveloped property located in the northeast quadrant of Route 3~0 and Warbro Road. He briefly reviewed several of the proffered conditions. Mr. Warren eta%ed ~hat it is his intention to remand ~his request to =he Planning Commission. Wh~m a~ked~ Mr. John Easter s~a~ed tha~ any ty~e of dal=y would cause some hardship and that ha feels the project is bein~ put at risk with any delay. ~e further ~t~t~d that a sixty day deluy is much mor~ of a concern ~ha~ a thirty day delay. He $~a~ed ~hat the applicant's pre~aranoe would be a shorter delay and that the r~quest not be remanded to the Planning Co~miesion. Ms stated that he p~rsonally feels that th~ Planning Commission hag work very h~rd and feels ~h~t th~ Commission has done wha~ they can with ~ha request, Lhere~or~, he would request that the Bo~rd support a deferrel rather then remanding the request to the Planning Commission. When asked, Mr, Jacobsen stated that he feels this request is a major deviation of the Comprehensive Plan. He further ~tat~d that this is a good location for employment centers and light industrial uses. Me stated that ~taff i~ ~neouraging raservaLion of strategi~ areas for future employ~en~ sites. 98 4Z4 5/27/98 being significant inquirie~ abouB this property.for retail use; ~or light industrial development; the massive amount of already zoned commercial development in the area; the degirs %o have proximity to the freeway system; and liph~ industrial development generating less traffic. amendin~ the request in ~ manner which 1) maintains the spirit ~/~d~ransoortation Plan recommendations for ligh~ industrial uses in this area; 2) such ~hat there will be no significant increae~ in the commercial square footage already zoned Route 28S and Route 360; and 3) that appropriate %~nd use suggested in .P_,'k~, be maintained. timeframe in which ~he reques~ would have to come b~o~ before wi~h the necessary individusls in addressing this ~r. Warren $%a~ed %h~ in conversations with Mr. ~aeKer and win-win situation become c£ ~his request. Ke stated ~hat his some direction. diligence in keeping 5his request on a schedule that would There was brief discussion relative to ~seping the pro,eot on schedule; 5he request being heard by the Planning Commission at days~ issues could be addressed during ~ha~ ~ime frame and beard a~ the Board of ~upervisQrs June 24, 1998 meeting. Me the reque~ u~ %h~ Planning Commission. be r~manded to the Planning Commission ~acause c~ the between the applicant and the neighborhood regarding some additional property near the request site. He further stated that if the additional property is added tm this zoning application, it would require the request to go back to the Plannin~ Commission. ~e stated that if there are only changes request would not require going back to the Planning Commission. Mr. Daniel stated ~ha~ he feels the motion be~ers the ~oard ~ives the maximum flexibility ~o address all issues and that he will support the motion, When asked, Mrs. Kumphrey requested ~hat the motion include dires~in~ staff Lo adverEise CaEe 95SN0t76 for the June 16~ 1998 Planning Commission m~etin~. motion. Mr. John Easter stated that ~f uno o~ the conditions cf the mQ~Qn i~ that ~hers be ne increes~ in square footage o~ the no square footage limitation on the curr~nt zoning which permits some commercial uses. ~r. Wsrren clarified that the three issues he addressed were to be used as guidelines. Mr1 Eas~er steted that he would rather the request not be remanded to the Planning Commi~Eion, however, the ap~licsnt will ~ut forth all eif©rts in working with everyone to reach a solution. Mr, ~eorge Beadla~ stated that h~ feels the request should be double advertised for the month of June in an effort to move the project forward mere quickly. Brandermill N~ighborhood Coalition who were present a~ the m~etln9. He acknowledged tka~ ~he Cualiuion supporns his motion to reman~ the request to the Planning Conmi~ion and stated that the Coalition is willing to work with the applicant durin~ this Mr, Warren stated that he would ~u~port the idea of double advertising. Mrs. Mumphr~y concurred with Mr. Warren regarding double adv~rtislng the request. 5/27/98 seconded by Mrs. ~umphrey, for star{ to a~vsr~iee Cass 98SNQ176 for the June 16, '1998 Planning Commission m~etinq and the June 24, 1998 Board of Supervisors meeting. Ayes~ Humphrey, Warren~ Barber, ~aniel, and Mc~ale. Nays: None. Mr. Mi~e~ stated that the Board would only consider %he rsques~ an its June ~, 1998 meeting if the Planning Commission Mrs. ~umphrey called for the vote cn the motion ma~e by Mr. Warren, seconded by her, for the Board to reman~ Ca~e 98~NQ176 ~o ~he Planning Commission and direct staff ~o advertise Case 98SN0176 for the June 16, 1998 PIannin~ Commission meeting and the June ~4, ~99S Board of ~up~z~zisors meeting. ~umphrey, Warren~ ~arber~ Daniel, and McHa!e. In Bermuda Mu§isterial District, D. ~. R., L. L. C. requested Conditional Use and a~endm~nt ef toeing district map uo a computer counrolted, variable-message, electronic ~iqn in General Bu~fnee~ [C-5} District~ The density of ~uch amendment will be controlled by zonln~ conditi©n~ or Ordinance The Comprehensive Plan suggests the property is apprepriaLe llgh~ industrial use. Thi~ request lies on 2~2 acres ~rontin~ approxima=ely 670 feet on CUe east line of Old Sta~e Road, also frunting approximately 232 feet on the north line o~ West in~ruac~ion cf these roads. GPIN 803-65%-7161 and 792S (~heet Ms. g~verly Rogers pre,anted a summary of Ca~e ~85N0212 and s~a~d Uha~ thc Plannin~ Commission recommends approval and acceptance of the proffered conditions. She ~urther stated that sta~i r~commends approval, subjec= ~Q the recommended coudi~ions which would requir~ ~he preposed sign to ~enform to the adopted Board of Supervisors' poli~y f©r controlled, variable message, electronic signs. recommendation of 5he Planning Commission is acceptable. There wa~ ne opposition present. There was brief discussion relative to the essential difference between the recommendation of the Planning Commission and staff being th~ timing of the changes of the message on %Us reader board. Mr. McHale stated that his motion will be to support the recommendation of the Plannin~ Commission as ke feels it will be easier t© administer. 98 5t27198 I ......................... I ..... L ........ J. Board ~o approve case 988NOZZZ end accept the following proffered conditions: 1. Th~ electronic messages un tho proposed sign shall nut ~ha~ge in Lheir display design or content at an interval of time greater than 20 e~cond~. 2. Only one (%) computer controlled, variable massage, eleetroniu $i~7~ shall be perl~itted. This sign shall be incmz-porated into a free,tending zign. Messages shall have a maximum of two (2) lines of copy. Copy may fade. but shall not movs, Copy shall be of on~ color, either whise er yellow. Flashing and traveling messaqe~ stol] b~ prohibited. ~ijou lighsin~ affects shall bs p~ohlbi~sd. 8. Animation ~hall be prohibited~ (STAFF NOTE: Ail frsssUanding and building ~©unted signs, including the computer-controlled variable message ~lectronic Standards Manual for si~sns~) Humphrey, Warren, Barber~ Daniel~ and McHale, Nays: Mr. ~arber s~a~ed that he is recommending approval cf this item, with cendition~ to in~lude 1) the roads within Section A and approved by the V%rginia Department of Transportation; 2) that the retaining wall, required for Section B of Sycamore village Subdivision, will have been eppr©ved by the Director of Environmental Engineering and tbs Building Official for engineering design, construction dstails, and compliance with the saildin~ code! and 3) uhat the architectural d¢~ign o~ the retoinlng wall, required for $eotion B of Sycamore village Subdivision, ~hall be approved by the Director of Planning and condition regardin~ the material having to be ~o~ethin~ other ~concr~te~ b~ ~eletgd from tbs A~snda I~em. He displayed a copy of a flyer ~hat has been distributed in Sycamore Village stating when paving will begin so that residents nan 98-418 5/27/98 the Board to approve a request from Moun~aln~er Pro~erti~s, Incorporated to construct a retaining wall and fence on county property~ ~ubject to the f~llowing oonditions: 1) ute roads within Section A of Sycamore Village Subdivision will have been paved standards and approved by the Virginia Department of Transportation; E) that the retainin~ wall, required for Section B o~ Sycamore Villaqe Subdivision, will have b~en approved by the Director ~f Environmental Engineering and the Building O~icial for engin~erlng design~ Con~tIA/ction de~ails~ architectural design cf th~ retaining wall, required for Section B o~ Sycamore Village Subdivision, shall be approved by the Director of ~lanning and shall be constructed of material other than plain poured ~encre~e or cinder block and subject to the execution of a license agreement. Ayes: Humphrey, W~rren, B~rb~r, Daniet~ mud Mo~ale~ ~y~: None. FIVE M~ISTERIA~ DISTRICTS TO P~IRCHAS~L%~iFORMS AND EO~IPME~ FO~ T~ ~ELD, SOCC~R CL~ ~1% Mr_ Daniel disclosed to hh~ Bu~rd that his nephew play~ on the Ch~terfi~l~ SOccer Club U/%4 Soccer ~eam, declared a ~on~llct himself 9rom the meeting. Agenda as s~aff ha~ found another source and method tc meet the objectives for ~he soccer team. E~ipmant for the Chesterfield Soccer Club U/%4 Soccer Team. THE PURPOSE OF CONSTRUCTING AND OREPJ~T~N~ AN iR-~OI,~ Mr. Micas stated that earlier today, the Board approved Zoning Request 98SN022~ that would permit the Qperation of a ~elf ~ourse at Iron ~ridge Park. ~ further stared that this ~ate and ~ime has been advertised for a public hearing to consider a new lease agreement with Richmond Fir~ Tee for approximately 150 acres. He stated that th~ lease provides for an initial quality standards and fiscal integrity obligations from the ...................... I ......... L ...... J, national First Tee group. He Eurther stated thai Richmond First Tee will construct and develop a Medium l~ng~h golf ~Ourse predomin~t¢ly for use by youth and senior citizens. stated that the lease would provide a construction bond to ensure completion and annual reports of the flnanciml strength of the oo~Doration. He ~urther stated that the lease would al~o include times that would be made available, free of charge~ to the School System as we~l as ~o Parks and n~gotiR~ione Were conducted with First Tee~ based on many of ~he reque~t~ made by citizens at the toning public hearing. Me further stated that in the new A~enda l~em, nine addiZlons have been lis~ed that were a product cf citizen comments. Hs then reviewed ~ke additions including ~) The name of the ~olf course will be ~Th~ First Tee Chasterfleld"; 2) Richmond First Tee will share the expense of ralocatlnq ~he ~ike and hiking trails displaced by construction of the facility up to $20~000~ Richmond ~irs[ Tee guarantees that the fecilily will be eden ~he general public on a schedule approved by the County; 4) addition to ah/ldree~ adults 65 years or older rssidin~ in chesterfield will receive discounted rates; 5) Richmond First Tee must reinves~ 5o% ef all excems revenues beyond capital and operational reserves towar~ capital improvements in ~acitity or reducing Sees char§ed to the publi~ 6) the county's obligation to pay 8400 per ~vent to use the fecility has been deleted; 71 the County Administrator or his d~signee shall serve on the Board of D~rsctors of Riohmon~ Firs~ Tee, and~ additionally, the ~oard of Supez~visors shall appoint a citizen of she County ~o =hs Seard of Directors, beginning in February, 1999~ 8) Richmond First Tee ~hall provide a start-up performance bond for the first three years of the lease; and 9) Richmond First Tee is prohibited from mortgaging lease are available for the public and expressed appreciation to everyone for their patience during fhie process. She further ~tated that the public hearing this evenin9 i~ only be held on the terms of the lease an~ that the Board will not permi~ personal a~tacks. Gloria Frye, Esquire, and Nylla Towhee Ahmed, Esquir~ introduced themselves as representatives of the applicant. Ms. Towne$-Ahmed s~a~ed that she is also a Richmond First Tee Board Ms. Frye expressed appreciation £0~ th~ opportunity tc work with County sLaf~ in a~dreseing issues that were identified st .the public hearing last svenin~ She further stated that the applicant i~ in agreement wkth the summary presented by Mr. when as~e~, Me, Townee-Ahmed elated tha~ First Tee anticipates completion date of the project to bs June, ~999. Mr. willard Childress, a residea~ of Matoasa District, stated that he never s~w the public hearinq advertisement in the newspaper to consider the lease agreement. M~ ~×press~ concerns relative to no~ having ample time to review ~he lease something of this importance should at least be before the public for two weeks to allow for their review. He requested a copy of the advertisement of this public hearing. Mr. Micas sta~ed that th~ Clerk has obtained the cerZifi~atio~ that the public kearlng was advertised in bonh the Richmond Time~ Dispatch and Progres~ Index. There was brief discussion relative to the advertisement of the lease agreement public he,ring. Mr. Micas clarified that the l~ase ~greemen~ publio hearing was properly advertised. Mr. Ramsay stated that staff will previd~ Mr. Childress with an authentic copy showing the proper adve:vimsment of ~him public ~aaring, Mr~ Childress stated that he would lire time to review th~ le~le at this time and would like the opportunity to address stated that the golf park i~ ~ $2.5 million golf practica £acili~y. He further stated that Rockwood ~olf Park will cater to ~amilias; will offer reduced rmtem to families~ juniors, and $~ni©r~; and will offer junior golf approval for Firs~ Toe's proposal, will put the financial feasibility of their project in je0pardy~ Re stated that their Go~f Park. He further stated ~hat ke is requesting a small compromise at this time 50 r~strict the hours o~ operation of the driving range for First Tee. He stated that the nighttime ~hat he sees no reason why Firs% Tee, wi~k their stated agenda~ ~tated that he deem not feel First Tee should be given all the advantag~ i~ h~ b~en given. Ke requested that the ~oard restrict First Toe's h~u~s of operation, of the lighted drlvln~ direct competition ~itk his facility. He stated t~at he hopes le~se. He further stated Kha% he feels that the le~e should specify that there will be no comgensation to the First Tee Board m~mbers; th~ tko lease should specify that the ~alaries" will b~ in line with other comparable ~olf cours~n located on public land~ that ~11 p~rmi~ed uae should be enumerated within the lease, as should all standards; and that he feels the lease term should be much ~herter, possibly ending ~Rent~ portion of the lease ~hou!d include only the direc~ 98-521 5/27/98 property. Hs further crated tha~ he feels e×act u~e~, permitted end not permitted need to be specified and ex~z~sse~ eonc~rn~ relative to the County, by this lease agreement, relim~ehlng all authority or in£1uence in the eonsracting and construction of the proposed facility. He stated that he feels the bondin~ issues in the ice,s are inadequate and doe~ not ~roteet the Ccu~ty and that he feels the language in ~ection 5.c., relating to the inspection of the ~ite~ should be deleted. ~e further s~a~ed tka~ he feels ~he environmental aspects of ~he proposal azs lackin~ in discussion; that ~olf courses are not environmentally friendly; and e~pr~sed concerns relativ~ to ~he negative environmental impac~ ~hat ~his facility will have on the area. He e~ressed concerns relative to the fees related to this facility and stated that he feels the fees should be specified in the lease and maintained substantially lower than any nun-~unicipal course, any public course, and any area full size course. He expressed concerns relative to the language in Section 10.c. relatin~ to establishment of capital ~nd Operational reserves and stated that he feels there ~hould be nO r~venue coming in from ~he use of public park land that would be u~ed outside o~ the County. ~e s~aLed that acceptance of ~he change in this proposal, that keeps all the funds within Iron Brid~ P~rk an~ ~h~ ~olf facility, will give citizens much needed comfort. ~e e~ressed concerns relative to the language in ~ection 1P.d., relating to the facility being available to the County two times p~r year, as he feels it is placing undue restrictions on the County. ~e should have all op~ione open ~o them, not ~usu during non-peak hours and e~presssd concerns relative to the language ~subjuct to Facility capacity restrictions~ in Section 1D.c. ~e indicated that he ~sels the appointmen~ process to the Pirst Tee Board is vague in the lsaee. He expressed concerns relative to semtien 12.~ r~lating to the County's right to inspect the facility, and stated that he feel~ the ~$u~age ie restricting the rights of rte County ~0 inspect ~he ~aeili~y. He further sta~ed that he feels the lease should be further reviewed by other legal experts and inquired as to who ccmpo~ed icrward with any actual consideration cf this lease. Hs ~u~thsr ~tated that he feels further consideration of the lease Mr. David Cosby presentsd a copy of a letter from thc Commonwealth of Viruinia Department of Conservation and Recreation which he said stated that it is illegal for the with a case re~arding a request in another State that he said went t~ th~ C~urt of Appeals who overthr~w th~ r~quest and had thc land rover=ed back =c the locality. He expressed concerns the project will be completed and inquired as to why the hOurS Mr. ~sorge Beadles stated that he feels it would be prudent for the County to require a performance bond for each year tha~ Firs~ Tee is in opera,ion. Ea further stated that tho~e 98-422 5/27/98 to maln~aln ~h~ fa~il%~y in case the £acility does not succeed. Ne expressed concerns relative to the language ~as isq in Section 1,, relating to Leased Property, and ~tated that ~eels there should be some language added that states that the golf course is not an easement and has not be~n crested illegally. ~s stated that as it relates ~o the language in Section 10.a., "...be open to the general public on R ~chedule approved by the County...", he ~aals the lease should designate who that approval person will b~. ~e fur:her ~tated that the fe~ egh~dule should be desi~a~e~ to a par;isular person in the County. He stated he feels that the County and ~ret should work together regarding contrclling the schedule for special events a2 the facility, Ee inquired as to whether the two members, ~eferenced in 'Section 1Q.~., Operations amd ~anagement Qf the Facilities and Leased ~roperty, are voting or non-voting members. ~e sta~ed that he feels ~ection 10.g.~ as i~ rela~ee to ~he laneuage ~ruls~ and regulatlens~ should he addressed more spseifioally~ such as addressing what the rules Ms. Myrna McCa~frey, a resident of the Matoacs District, referenced changes addressed by Mr. Daniel regarding protecting Chesterfield County and in th~ event of any laweuit~ Richmond First Tee would reimbur~ the COunty. Mr. Micas stated that ~nsurmnee requires that the County re,in co insured end would be defended, if it chose to, by free i~surS~de counsel. M~. McCaffrey stated that she feels the language "unless such claims arise a~ a result of the County's (or any a~ents or employees of the County) willful or neqligent acts or omissions~ should be deleUed from Section 9., Indemnification~ Mr. Micas stated that it i~ a cooperative relationship and the County and the ~shool Sys~e~ will be using the facility for recreational ~nd School ~ro~rams, therefore, there will bsa County connection with this facility. He furthe~ stated that the exclusion for willful or grossly negligent aCtS i~ a typical type of requirement ~or obtaining insurance to hold the and noted that a lot of County people will be on the facility. Hu clarified that the County will not be at risk, will be an additional co-insured~ and ~irst Tee will indemnify the county. an~ ~he County has the no~at Virginia sts~utory immunity. th~ Facilities and Leased Property~ and stated tk~t she feels the revised language, still ha~ the same meaning it had before r~ud noperating e~pense~~ and now it read ~program expengeg". She stated that she feels by adding ~'program expenses~'~ that allow~ First Tee to use the money for any pro,ram they choose. "50% must be used for eapital'improvemen~s to the Facility or for reducing tk~ fees charged to the public" needs to be I J .......... 1 .............. J~ cody of her requested changes. Dr. Betty Munter-Clappr a resident of Clover Hill Dis~rict~ reiterated that there ara dangers with public/private partnerships and that the County should be cautious of these liability issues surrounding thi~ proposal. She stated that she f~ls there are a lo~ of complications with this lease and that further time needs ~o be given to further review this lease. She further stated that the pthblic/privete Ownership of the reservoir land has resulted in many kinds of delays an~ ccn~usion. She expressed concerns relative to environmental imDaste o~ th~s proposal. She sta~ed that she has played golf and supports children playing golf, however, requested that as complications, which deserve further time ~e review. She · possible for the citizens. .[ Mr. Warren acknowledged the involvement tha~ Dr. Hunter Clapp Board ~pent a 10~ e~ time at last evening's public hearing addressing ~he environmental i~sue~ relating to this p~cject and how the issues will be addressed by various agencies. Mr. ~arlem Ma¢Cab~ ~tate~ tha~ he resides two miles from Iron Bridge Park. Me further sta~ed =haZ he is a small business owner and that he fetls the lease needs to be further lea~e term to First Tee, rather than thirty years. Me s=ated that any profits from the gol£ coarse should ~e put back ~nto the facility to purchase equipment, et~. for the children. Me asked the Board to listen ~o the citizens and take addiZional time to further address this lease before makin~ a decision. the golf course needs to remain Chesterfield. Ma further $20~000 ~ee to extend the water lines. Mr. HtahoDsga expressed concerns relative to the language in Manger, th~ approval of which shall not he unreasonably wlthheld...~. He further stated thaZ he feel~ Zhe purpose of tha~ phrase i~ to disable ~he authority Of the County and the 5/27/98 reasonably, and the clau~ mentioned by Mr. Stakopska merely states the existing law. MB. Phyllis Latay stated that she is concerned about wt~ether the citizens are being heard as it relate~ to this proposal. She expressed concerns relative tc the citisens not having the proper time ~o review the lease agreement. There being n~ one else to address this igsuej ghe public Mr. Daniel stated that he feels there has bee~ progress made since last evening regardinq the lease ~greement. MB then reviewed some of ~he changes "including %ha5 the Golf course will be named ~The First Tee - Chesterfields'; that Richmond First Tee will share the expense of relocating the bike and hiking trails displaced by construction of ~he faGili~y, uD to $~,000~ and ~ha~ ~irst Tee shall provide ~ $~0O,0QQ ~tart-up stated that one of the issues that he addressed lmst evenln~ was the fact that the County had no business plan on how to monitor whether Lh~ pubZic'e asset~ were being used correctly. He offered an additional a~sndment to the lease whist would include the lan~ua§~ ~Durin~ normal workdays! workin~ hour$~ the County will kayo the righ~ to ins~e~ ~he facility end inspeot or audit 5he records of the facility for the purpose of determlnin~ compliance with the lease and its conditions. Zn addition, Richmond First Tee shall provide the County annually~ by August 1, with a business plan for operations for the next capital i~provements, Or other financial plannin~ information that the County may reasonaJ~ly request." ~e staned that this language is a standard technique that is used at the Richmond stated that he feels the additional language will cover many of particular amendment. Ke suggested th~ the ~oard change the lease ~o ~wsnty years, rather than thirty years. He skated ~han he suppor~e nhe issue of ~ny pro,its from timber, dirt~ or other things of commercial velue, being put back into the facility. the timber, dirt, etc. from the property be put b~ck igto the ~r. Me,ale clarified that the Boerd is leasinq ~he surface~ not the mineral rights of the property. Mrs. Humphrey requested that Section 1c.c., Operations and Management of the Facilities and Leased Property, the language wi21 read ~To the extent there are any revenues in excess of ©p~rating expenses derived from ~he Faeiliby ~OQ% must be used for capital improvements ~o the Facility ~r for reducin~ the fees charged ~a the public." acknowledged that they would like this project to be a Chesterfield program. Me further stated that he does no~ agree with the concept that this project should not serve a w~der region than simply Chastsr£ield. Ne su~este~ that it would be e benefit for the Csunty to allow some of the funds, in which he hsd su~e~ted 50%, to go towards other developments such the drivin~ range in the City of Richmond an~ ~en~ioo's site. Be further =t~Ve~ ~ha~ if this concept is follow¢~, he %eels it will further ~dv~noe First ?ee's mission and makin~ it more accessible for children in other area~ to ~mt to a facility. He stated that if 100% p~rcent of the fund~ remain in Chesterfield, then Chesteriield wil5 always ~ considered the facility of ~hs re,ion. ~e further ~tated that he fael~ it would be best for thi~ proposed facility to assist other facilities throughout the region. ~e noted that funds used rB~ionaily would bene~i~ everyone in the Mrs. Humphrey stated that ~he supports 100~ percent of the revenues derived from this slt~ going back into The First Tee - Chesterfield. She ~urther ~tated %hat ~here are possibly o~hsr appreciation to Mr. Barber for his comments, however~ stated that she would like the lease to read year~ the Board may accept alterln~ this po~tlOn of the lease if th~ business plan indicates that tko %00% figure might be altered to the benefit of regi0~l MrSr Humphxay stated that in order ~o alter the 100% figure, the issue would have tc come before the public each year that ~he would not be comfortable with changing that fibre without a pub%it hea~ing~ Mr. Daniel sta~e~ that hy securing a %ees~ that clearly identi~ies First Tee Richmond, there will be untold capital expenditures that the County has not planned for. ~e iurther stated that aG ?i~st Tee dlacovers there is a need to chanwa %he 100~ figure, the County can petition ~o revise the lease end have it considered On its merits. ~e stated that the citizens fe~l comfortable in that the Board ha8 Mr. Barber stated that ke £eele there ~hould be ~ome type of flexibility as it relates to the 100% figure and to possible ex~am~ion of the site pro,ram around the region. Mr. McHale stated that ute Board'~ curren~ intention is however~ that do~s not ~ean it cannot chanqe in the future. He f~rther stated that this Board, or future Boards, would have the ability ~o look at the issuem raised by Mr. ~arbar. further sta~ed ~ha~ the County does have flexibility in the area of lease revisions i~ future Beards feel the chan~es merited.. Mr. Micas clari£isd tha~ any Board can initiate an smendment to the lease through the public hearing 98-426 5/27/98 for the first few years, do everything possible financially to mak~ this project succeed first_ Me further $~eted ~hat if this facility succeeds~ many other areas wi!! wan% Es begin this came typ. e cf partnership. Mrs. Humphrey o%a~e4 thai as it relates to Section 10.c., she would like ~o eliminate the language ~Any raY,hUeS generated fro~ ~undraisin~, sp©n~or~hip~ and other ~ource~ other than ~acility usaue 9ecs may be designated for us~ by Richmond First Tee ~or ~uch other nonprofit purpos~ ac Richmond First Tee deems appropriate and consisl~n~ with its corporate purpose.~ Mr. MoHale stated that if the language that Mrs. Mumphrey just mentioned i~ ~limina~ed~ i~ would preclude First Tee from raising funds for projects in neighboring towns and jurisdictions. Mrs. ~umphrey stated that her intent with ~sction 10.c. is ~hat 100% of revenues from First Tee stay with the Chesterfield ~acility. She clarified that she would not be removing th~ that she suDports changing the na~e to Chesterfield First Tee. When ~sked, ~. Tow~es Ahmed stated that, presently, the Richmond First Tee Board consists of ~en ~a~ber~; that each two Chesterfield Board member~ will also have full voting rights. She clarified that with ~he new languaga~ five chesterfield residents can possibly sit on the First Tee Board o~ Direotor~. ~he stated that First Tee i~ committing tc the two me~ber~ from Chesterfield. When asked, she stated that Board m~mbers ars elected by existing Board m~mb~rs, she further ata~ed than in Lie future, when vacancies occur, the existing First Tee Board member~ will select the new member~, ~xc~pt f~r the two members who will always be designated to rppre~ent Che~Per~ield. There was brie£ discussion relative to there bein~ an ~V~n distribution of Chesterfield m~mbers on the First Tee Board Director~ and who are involvpd in ~he process of aDpeintin~ members to this Board. ~r. Micas ¢lari£ied that Richmond F~r~9 Tee is the sor~orate operoting body and Chesterfield First Tea is the Chesterfield operation, net a separate governing bo~y. He stated that all this lea~e doss is guarantee that the Board of Supervisors can appoint two melmbers to the Richmond ~irst Tee BQ~r~ O~ Directors. There was brief discussion r~lative to the by-laws allowln~ for a maximum of twelve members to ~erve on %h~ First Tee Board and th~ possibility of the County having four of tho~e seats at this time. 98-427 5/27/98 ~r, McHale stated that his c©~eern is the County's membership on the Richmond First Tee Board GE Directors. He further stated ~hat Chesterfield is approximately a one-third stake holder in the major initiative of First Tee and that he feels the County's representation on the First Tee Board should be reflective of its investment and commitment in this endeavor. He stated that he is not necessarily ~ug~esting that only political representatives serve on the First Tee Board, however, he would like to see the County g~t about a ors third membership on tho First Tee Board~ appointed by the soar4 of Super~isors~ He further ~tated that the membership would include possibly a staff member designated by the County Administrator and citizen members who w~uld ~e appropriate Mr. Barber stated that this proposal came before th~ Board just at the ~ime %~e Roskwood Golf Park was beginning development. ~e further skated 5hat he feels Mr~ Matthews has brought ~o the attention the inherent conflict between their driving range and the drivin~ range that First Tee would construct and ~e noted that a~ part of ~ho zoning request regarding this Toe ~aeility to be 7:00 a.m. to 11:30 p.m.~ including the lights at the driving range. He stated that he f~els further r~trietien 0~ those hours~ where it pertains to the lighted driving range, wh~ch is in direct conflict with Rockwood Golf Park~ is prudent. He reCOmmended that the lease shall restrict the commercial use of the exterior lights for the driving range to 9:00 a.m. to ~:00 p.m, He stated First Tee was not totally satisfie~ with ~hese hours, however, he ~eele that 9:00 p.m. is a fair and just compromise. He stated that he f~ls it is important t~at after the First Tee facility reflect upon and %hose hours of operation for the driving range may n~ed to be adjusted, if it is having a direct affect on service level that is provided to the young people. Mr. Hammer clarified that First Tee offered to permit pedestrian u~s of tko cart trails before opening hours of the facility. Mr. Warren stated that he fssl~ the $100,000 performance bond should be paid by First Tee annually, not only for the first thre~ years. Mr. Daniel stated that he was comfortable with the three yea~ bond. Mr. ~mmer s~ate~ that non peak hours of operation at the golf course re,er to .the rime when the course is not busy, such as during la~e afternoon. He further stated that prime time in golf is anytime from early mor~isg hours ~o approximately 2:00 3:00 p.m. ~e stated that afte~ 3:00 p.m. is considered twilight golf, non prime golf, Mr. Micas clarified that non-peak hours is meant for use by the general pub%lc, Mr. ~ammer stated that thi~ during the ~eh001 ySar~ non-peak hours could be defined as when children ar~ in school, 5/27/98 therefore, this facility im unique 'because it ham some variations from nornel golf courses. There was brief discueeion relative to the extension of the water lines for this golf facility. Mr. McHale stated that it is his intention ~or the First Tee Beard to grow to aDDro×imately cna-third membership and es existing members cone off the Board~ the Board of Supervisors wuuld offer replacement for tkose peopl~ which would be consistent with Firs~ T~s'~ ~bjectlves for ~he d~¥el~pmen~ ef their Board and for the growth of the organization. He requested language be added to ~he lease in regards to this issue. Mr. Warren staned that hs supports with the comments expre~se~ by ~r. McHale and that Chesterfield County h~s the largest population in central Virginia, which has the largest ~take in this organization. Mr. Barber stated that Firet Tea is a private organization and not ~ political Board and that he ig not sure if the County should insi~ on i~ ~emberehip on the First Tea ~oard. Mr~ MsHale stated that the County is ~ major stakeholder in this organization~ even though not the majority stakeholder. Ke further s~aued tha~ he is not suggest~n~ nhat the Board of SuDsrvisors have the ability to appoint the majority cf the First Tee Board~ but does feel that the Board of Supervisors should be able to appoint members of that Board~ in e proportion ~ha~ i~ z~flective of ~hs County's investment. M~. Townes-Ahmed stated that First Tee i~ willing to assist in maintaining 1/3 of the Board, with Chesterfield representation, however, would ask that First Tee, aea private en~ity, to select 5he additional two members that may be required to serve On the F~rst T~e Board. Bhe further stated that they do have some concerns ~s a non-prufit entity, such as fundrmising, and that there i~ ~ome l~ti~ude ~hat ie needed by Firet Tea wi~h respect to 5his issue. W~en asked, she stated that Fires Tee would offer these ne~inees to the Boa~d of Supervisors for approval. Mr. McHale sta~ad that hs is comfortable with the comments ex-pressed by Ma. TowneS-Ahmed. they feel that there is a distinction that should be made further stated that Rockwo©d's faeillty ie fur pre,it, ~ireK T~e'~ facility i~ no~ for profit; tka~ any surDlus funds from ~ha First Tss ~acility will go back into the facility; and that any surplus fr©n Re~kwood G~lf Park~ will only be~e£it the owners. She stated that i~ has never been ~he idea cf First subsidized through fundralsing or by increasing adul~ fees. I ...................... I .... L ....... J .J, Board be mindful cf the potential adverse impact that this loss o~ gouts may have on the facility and to possibly review this issue cn an annual basis, Mr. Daniel stated that when the three year annual plan o~ the can be addressed a~ that time~ therefore~ the hours of operation can be di~eus~ed at that time. Ms. T©wnes Ahmed stated that in nsuotiations with the County regmrding the revenues, First Tee went from no revenues to 50%. She further stated that First Tee did that because they need the flexibility to operate Richmond First Tee in an manner tha~ will truly benefit the County and its ether potential facilities in the Richmond metropolitan area, she stated if 100~ of its revenues have to be designated to capital i~prOv~m~nts mud to a reduction in fee~, ~at ~Ry, reduce or restrict, First Tee~s ability 5o utilize and have aome~ to fund for transportation for children within the County~ purchasing additional equipment for th~ facility~ etc, She requested the Board to work with Pi~sk Tea i~ achieving a compromise regarding the 100% figure. There was brief discussion relative to ~irat Tee having the ability to have a capital reserve in which %ranepcrtaticn and ~quipment would be funded. Ms. Townes AJ~med stated that First Tee would also like to have the flexibility tO u%ilize iUndS to assie~ with other facilities potentially in Ehis area, if necessary. Mr. Barber suggested that in order to meet the needs of First Tee and th~ County, FirS~ Tee could bring ~o the Board of Bupervisors a specific regional project and the Board could give its approval of that projee~ and some designation of f~ndin§ for that project. There was brief discussion relative to there having to be public comment i~ the Board decided to ever change the 100~ surplus figure. Mr. ~icas stated that if the Board wants to amsnd the languase re~srdis~ ~he revenues, the language would read ~...100% would be used for capital improv~m~ntm to the facility~ reducin~ the fee~ charged ho the pub%ie~ ol regional projects approved by the Board." ~irst Tee reviews its budget and business plan~ i£ it has something that is identi{i~d, outside of the scope of the lease, they ~am go through the public process. Mr, Zicae stated that if i~ were to be something tha~ would be outside the two ~tated parameters, then the Board of at the driving change and was not mean5 to be the opening and closing hours of the golf course. Mr. Ramsay further ~tated that tho language ~... unless otherwise approved by the Board of Supervisors throuuh a public hearing prcces~~ ~hould be included in the lease. Mr. Micas reviewed the six additional amendments ~o =he lease~ recommended by th~ ~oard a~ ~hls meeting, which include Requiring th~ adoption of a business plan; 2~ Chan~e the initial lease term from thirty to twenty yea~$; ~) ~gurc that net revenue irom timber and dirt be u~sd fo~ ~he Chesterfield First Tee e×psnses; ~) Increase nhe percenz~ge of surplum to be u~d for First Tee to lOP%, which would also include Mr. Ra~sey~s lan~u~We regarding additional spending opportunities, 6} the change in the membership, which means that if the membership remains at ten~ the Board of $opcrvisQxe would eppoin~ ~wo members, a ~kird member i~i~ially appointed ~y zhe Fire~ Tee and approved by the Board and if the size of the First Tee Bo~rd of DireCtors increased to twelve, then the Board of Supervisors would again appoint two m~utber$ and Pirst T~e would appoin~ an additional ~wo chesterfield res£den~e no be confirmed by the Board o~ Supervisors. Mr. Daniel made a motion, seconded by Mr. Mc~%e, ~or the Board %o ~pprove ~he new lease agreement with Richmond Firs~ Tee for approximanely 150 acre~ in Iron Bridg5 Park for the purpsse of constructing and operating aD %8-hole golf course~ as amendcd~ and authorized the County Administrator %O pre~en% the lease 50 First Tee. Ayes: Humpkrey~ Warren, Barber, Daniel, and Mc~ale~ ~ays: None~ Daniel expressed apprsciauion ~o uhe Board ~or considering Mrs. Eumphrey expressed appreciation to the citizens and First Tee for their efforts and input in this public hearing process. She welcomed the First Tee organization to Chesterfield County. Mr. McHale expressed appreciation to ~r. Daniel for his efforts in working with the Board of Supervisors regarding ~hi~ issue, Mrs. ~umphrey recognized Mr. Daniel and no%ad ~hah he will be retiring ~rom Philip Morris on May 29, 1998. Ayes: Mumphrey, Warren, ~arberj Daniel, and McHale. County Admlnist ratd/r Chairman 98-432 5/~7/98