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02-22-1995 Minutes
Gu~ervlsor~ in Atte~da~oe= Mr. J. L. M~Ha]e, III, Chairman ~-r. Arthur S. Warren, vice Chrm- Mr. Craig Bryant, Dir., M~. ~arilyn Cole, Asst. to County Admin. Chief Robert L. ~anss, ~r., Fire Department ~r. ~ichael Golden, Dir., Parks and Recreation Mr. ~radfcrd S. Deputy Co. Admin.~ ~apaqemsnt Services Mr+ Russell Harris~ Police Department Dir., Airport Ms. M~r~ Lou Dir., Accounting Deputy Co. Admln., ~r. Richard M, MoElfi~h, Dir., En~. Engineering Mr, etsven L. Micas, Mr. Kenneth The Board of supervisors met with the Metropolitan Richmond Convention and visitor's Bureau Board of Directors (MRCaVB3 at 12:30 p.m. at the ~alf-Way House Restaurant to discuss the accomplishments of the ~fRC&VB for the past year and issues facing the MRC&VB in the future including the need for ~dditional advertising funds~ expansion of the Richmond Centre; historical trends cf transient room ~axos; and other issues of mutual concern. The Board then traveled to the Cuurthous~ Complex %0 attend =heir regularly ~cheduled msetlng. Mr. McHale called the regularly scheduled meeting to order at 9:00 p~m~ at the Courthouse Complex Public Meeting Room. 1. APPROVAL OF MINUTES On motion Of E~, Barber, seconded by Dr. Nicholas, the Board approved the minutes of February $, 1995, as submitted. vote: Unanimous Dr. Nicholas stated ha attended the Virginia Municipal League/ Virginia Amsociation of Counties (VML/VACo) legislative session on February 9, 1995; the Capital Area Training Consortium F~bruary 13, 1995; the Civic and Progressive Action A~soclation the May~ont Foundation Board of Directors meeting on February Greater Richnond Partnership meeting on February is, 1995; that he attended the Chesterfield County Black History Month for the unveiling of the portrait of Ms, Elizabeth Cooper at the Ettrick/Matoaca Branch Library om February 19, 19957 that he was a guest speaker fur tho Ettrick/Matoaca Jayceee on February 21, 1995; and that he attended the Art~ and Mr. Daniel orated he attended the Virginia Assooiation of Counties (rACe) ~oar~ of Dir~otors meeting; the Richmond Regional Planning District Commission/Netropoli~a~ Planning Organization (RRPDC/~PO) meeting7 and noted on Maroh 11, 1995 a citizen meeting will be sponsored by the RRPDC and regarding wha~ citizens in %he region want for the futur~ of their so--unity. He further stated he attended a meeting with oi~izene from the Hopkins Road/Meadowbrook area and attended a joint network meeting with Bermuda and Bale Districts Board represents%ives. Mr. Barber stated he attended meetings ~ith the Chesterfield Business Counoil; the Chesterfield Professional Pirefighters; the Midlothian YMCA Management Committee; and the Health Center Commission. He further stated the County Council o~ PTA's will be sponsoring a '~Meet Your Supervisor Night" on February ~7, 1995; that he will ba a~ending the National Asmoc{at~on of Cduntie~ (NACo) l~gi~lative Conference on March 2, 1995; that his next "First Monday" constituents ~eetin~ will be held March 13, 1995 with the topic of discussion b~ing the ~iz~ and of C~esterfield County government; and that the Midlothlun YMCA will be holding a ground-breaking ceremony on March 9, Mr. Warren stated he attended the LaPvsde Dranoh Library rospening on February 13, 1995 and the Board of Supervisors/School Board Liaison Committee m~eting on ~bruary 20, 1995. Ha further stated he will be attending the County Council of ~Tk's ~Mee~ Your Supervisor uight~ on February 1995 and the University of Virginia Political L~adership Institute on February 24, 1995 and March 6~ 1995; that his next oon~tituents meetin~ will be held March 6, 1995 with the topic of discussion being the Route 360 Corridor Study; an~ tha~ the next Board of Supervisors/~chool Board Liaison Committee meeting will be held March 13, 1995. Mr, McHale sta~ed he attended a mea~ing with the D~legation of Elected Officials from the cities of Colonial Re~ghts, Hopewell, and Petersburg add the Counties o£ Chesterfield, Dinwiddi~, and Prince G~org~ to discuss the Base Real±~n~nt further stated he attended the Jefferson Davi~ Highway deneral Alonzo ~- Short, Jr., U.S- Army retiree; var±ou~ Black History Month activities; and a meeting with the Chesterfield ~usin~s Council ~n February 11, 1995_ Dr. Nicholas noted he will b~ holding Mateace District community focu~ m~etings O~ February 23, 1995 and February 2S~ 1995. Recognizing Mrs. Mary Jo Kramer for Her Contributions in Maintaining Water Quality in Chesterfield County] and deleted for ~edi£1cation of Airpor~ Industrial Park Side Yard =squire, regarding Ite~ S.~-, th~ Request of AdVance Energy 5. RESOLUTIONS A~D S~ECIbL RECO~N~TIONZ There were no Reselution~ and ~pecial R~cog~itions scheduled this time. There were no Work Sessions s~hgduled at thim time. On motion of ~r. Wart%n, ~econded by Mr, Barber~ the Board approved a streetlight installation cost approval at ~ecan Terrace~ in eul-de-sao~ in clover Hill District~ in the amount cf $1,76~. 95-94 2/22/95 II B, NEW BUSINESS 8.A. AUTHORIZATION ~OR ~DVEHTISEMENT OF TAX P~%TE8 ~OR ~Y96 Hr. Stepmaiar stated on ~aroh 29, 1915 the 5card will hold publi~ h~ari~g~ on th~ tax rate~, the F?~6 propo~d budget, and the FYS6-200© capital Improvement Proqram. He further ~tated sCa££ is requesting authority to ~ove forward with the advertisements in order to ~eet State required deadlines prier to the ~arch 29 public hearing. Ha stated staff recommends the e~i~tin~ toy rates be advertised which give~ the Board the authority to adopt any rate up to those rates advertised. He noted the Board created t~o ne~ classifications of personal property taxes including wild and exotic animals as a separate category for tangible personal property tax assessment and motor vehicles that use "olean special fuels". There was brief dlasussion relative to taxing wild and exotic animals and the ~oard having authority to adopt a lower tax rate for ~hat classifies=ice at the appropriate time. authorized advertisement of the following tax rates for the Personal Property Tax fur wild and txetic that use "clean special fuels" Airplanes $i. 09 $J,6o $0.96 $3.60 $3.60 $1.oo $0.50 On motion of ~r. McHale, seconded by Dr. Nicholas, the Board appointed Mr. Orville E. Duff, Jr., representing Bermuda District, to ~srve on ~he Disabilities Services ~oard, whose term is effective i~mediately and will expire December 31, 1997. Ve=e: Unanimous On motion of Mr. Denis], s~cond~d by Mr. B~rber, the Board approved the following etreetlight in~tallation cost approvals: 2/22/95 Dale District * New Apostolic Church, 6QQ1 Cogbill Road * Rock Spring Drive and West Sarthdale Road Cost to install light: Midlsthian DistriD~ Co~t to install light: $2,799.17. a.E. CONSENT ITEMS DAY" On motion of ~u. Rather, seconded by Dr. Nicholas, the Board adopted the following resolution: WHEREAS, Ms. Undlne smith ~o~re was ~orn August ~4, 1904 in Jarratt, Virginia -- ~he youngest of three children of James William Smith and Hardie Turnbull smith; and W~RR~A~ Ms. Moore wa~ educated in the public school system of Petersburg, Virginia; and WKEREAS, ~s. Moor~ gave untiringly of her music resource for mor~ than forty-five years at Virginia Sta~e university; who have ~istinguished themselves in some of America's most prestigious poeitions of musical leadership; commissioned, published, recorded, and performed by world renown musicians and artist~ na%ionally =nd interna~ieD~lly; Mertyr~ was nominated for s Puli=zer Prize; and WHEREAS, on Sunday, March 5, 1995~ selection of Ms, Smith Moore Chorale; and WHEREAS! the proceeds from this special event will be used to perpetuate tho Undine Smith Moore Music Scholarship at Virginia State University. NOW, THEREFOR~ ~ IT R~SOLVEQ, that the ¢ouDty Doard of Supervisors hereby proclaims Sunday, March 5, 1995, as "Un, ina Smith Moors Day" in the County of chesterfield ¢ontri~utluns %o this m~gicn an~ encourages their attendanc~ at this significant program. 8.E.i.o. RECO@NIZIN~ FEBRUARY 12-18, 1995 AS "LIFE INSURANCE On motion of Mr. Barber, seconded by Dr. Nicholas, the Board adopted the following resolution: WHEREAS, more families own life insurance than any other form of thrift and savings; and family financial seaurity planning; and WHEREAS~ llfe insurance both contributes to and b~n~fit~ from social and economic ohanges in our society that relate to ocn~]unity and family well being; and W~EREAS, life insurance renders a great service by carrying policy ~older dollars back to Hain Street, where they go to work aiding all segments of ~he economy and the community as a whole while awaiting call for benefit payment; and WHEREAS, all persons, both as policy holders and that is~ what it does and how it operates? and WHEREAS, the Petersburg T~i-Cities Association of Life underwriters is cooperating in a program to inform ~e Du~li¢ of th= many and broad aspects of life insurance. NOW, THF~R~FORE BE IT R~SQL~, that th~ Chesterfield County Boar~ o~ Supervisors hereby proclaims February 13-18, 1995 as "Life Insurance Week" in the County of Chesterfield and urges all citizens ts avail themselves of this opportunity to l~arn more about their life insurance and what it can do for SY2TEM~ (~T~) W~TER ~Nb ~WER F~CILITIE~ CONVER~ION On ~otio~ of Hr. Barber, seconded by Dr. Nicholas, the Board authorized ~he County Administrator to amen~ =~e contract with Westinghouse Landmark GIS, Incorporated, in the amount of $52~392, to complete the conversion of easements by separate ~asement. (~t is noted funds are appropriated end available in the G~ Project.) Vote: Unanimous ~.E.3. AUTHORIZATION FOR CO,UNITY SERVICES BOARD TO APPLY FEDERAL TRANSIT ADMINISTRATION SECTION 16 GRA~T AND BPPROPRIATION OF SAID FUNDS. IF AWARDED On mstion of Mr. Earber, seconded by Dr. Nicholas~ the Board ~u%horize~ the Con-unity Services ~oard to apply for the of $81,000, from the Virginia Dep~rtment of Transportation which would provide transportation services ts the elderly and disabled and appropriated ~aid fund~, if awarded. (It i~ noted e local match of twenty percent -- $16~200 -- is required. The ~surce of thi~ local march is %h~ ¢~unty fund reserved for cost of ~eplaeement vehiale~ -- $1~,sO0 -- and the Mental Health/ Mental Retardation/Substance Abuse Services Department budget - - $~,400.) Vote: Unanimous On motion of Mr- Barber, seconded by Dr. Nicholas, the Board donated $t,000r from the Mat0aca District Three Cent Road Fund to virginia State University for the Dr. Undine SMith Moore Scholarship Fund. Vote: Unanimou~ B.E.~. APPROVAL OF @0~0HA~E O~ ~RC~L OF LAND,~miD IMPROVEMENTS ~CCOUNT On motlo~ of Mr. Barber~ ~eoonded by Dr. Nich01as, the Boar~ approved the purchase cf a parcel of lan~ and improv=ments within =he County Administration Complex fron ~a. Theodore Munn Cogbill; authorized the County A~ministrator t~ execute the contrmc~ and ~eed; and transferred $152,800 from the R~serve for Future Capi=al Projects to %b~ project account. (It is noted a copy ~f the vicinity sketch is filed with the papsrs Qf this Board a~d that ~unds~ in the amount of $15~,000, are available in the Reserve for capital Projects to transfer Eot this request.) Vote: Unanimous 8.E.6. APPROVAL OF CHnNGE ORDERS ~×pansi~n Project, g88-016~E. (It is noted ~unds for this Pro~ec= are availabl~ in th~ original appropriation and currently available in tbs Capital Improvement Program.) of $520,000, (reimbursed by DuPont), for management of th~ program.) 8.E.6.c. SOUTHEP~N COE~TRU~TIO~ COM@ANY ~OR ~u%MBLEWOO~ the Ramblewood Road Drainage Project- (It i~ noted the Board prsviously appropriated $205,000 for this Project.) authorized the County Administrator ta execute a change order to Sale Constrnetion Company, in the amount ~f $~B,77~, for additional work on the retention pond for Bensley Fire Station ~3. (~t is noted funds for this Project are availabl~ in the current appropriations.) Voke: Unanimsus PeR M%DLO~HT~ BR~J~CH LI~F~¥ EXPANSION PEOJECT 8.E,?,a. CKANSE #008 on ~otio~ of ~. Barbe~, seconded by Dr. Nicholas, ~he Board approved a constrnction change directive amount of $32~059, to the contract for construction of the ~idlothlan Branch Library Expansion ~roject. 8,E,7.D, GHA~SE #007 On ~otien of ~ Barber, seconded by Dr. ~icholas, th~ ~urd approved a construction change directive amount of $34,292, to the contract for construction of the Eidlo~hian Branch Library Expansion Pro~sct. 8.E.8. REQUEST FOR BINgO/RAFFLE PERKIT On notion of Mr. B~rber, s~conded by Or- Nicholas, the Board a~reved a raffle permi~ for Robious Elementary School P.T.A. for calendar year 8.E.9. BTATE ROAD ACCEPTANCE This day the County Environmental Engineur, in accordance with directions from t~is Board~ made report in writing upon his examination of the road~ in River's Bend~ Section 5, Bermuda District, and Whereas, the ~esid~nt Engineer for the Virginia Dep~rtm~nt of Transportation has advised the Directo~ of Environmental ~nginaering, the streets in River's Bend, Section 3, Bermuda District, meet the ~equiFe~enks emhablished by the Subdivision S~reet Requirements of the Virginia Department of Transportation, and whereas, the County an~ the Virgini~ Department of Transportation hRve entered into an agreement, recorded in Deed Book 24D3, Page 40~, January 21, 1994, for all sturmwatsr detention/retention facilities in the County. Therefore~ upon consideration whereof, and on ~Otion ~f Mr. in River'~ B~nd, Section 3, Bermuda District, be and ~hey hereby are established as ~ublic roads. A~d Be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant te Section 33.1-229, Code of virginia, and the Department's Subdivision street Requirements, the following: Name of Street: Scrimshaw Drive Length: 6.43 mile From: the intersection with State Route 4S55, River's Bend Road TO: the intersection with Nightingale D~ive Guaranteed Right-of-Way Width: 50' feet. Name of Street: Scrimshaw Court Length: 0.05 mile Prom: the intersection with scrimshaw Drive To: the cul-de-sac Guaranteed Right-of-Nay Width: ~0' feet. ~eme of Street: Scrimshaw Circle Length: O.OS mile From: the intersection with Scrimshaw Drive $uarenteed Right-of-Way Width: 50' fe~t. ~am~ of Street: Nightingale Drive Length: Q.47 mile From: the in=erase%ion wiZh s=rim~haw Driv~ TO: the temporary turnaround Guaranteed Righ~-ef-Way Width: 50~ ~eet. This request is inclusive of the adjas~nt slope, ~ight distance, clear zone and designated Virginia Department of TranSportation drainage easements indicated on the ~evelopment plat. Th~se roads serve 69 lots. This seoLion ef ~iver's ~end is recorded ~s follows: Ssctisn 3. Plat ~oQk ~. Pages ~3, 6~, ~, & ss, Maro~ S~ 1989. Vets: Unanimous This day th~ County Environmental Engineer, in accsrdanue wit~ directions from thi~ Board, ~a~e r~porh in writing upon his examination of the roads in St. Regents Lake, Section 1, Clover Hill District, and Whereas, the Resident ~ngineer for ~he virginia Department of Transportation has advim®d tho Director of Envirorn~ental Engineering, th~ streets in gt. Regents Lake, Seation 1, Clover ~ill District, meet the r~quirem~ntS eetabliehe~ by Subdivision Street Recuirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department cf Transportation have entersd into an agreement, recorded in Deed Book ~&B~ Page 405, January 21, 1994, for ~11 stor~water detentien/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Barber, ~econdad by Dr. Niehola~ it is resolved that the roads in St. Regents La~e, Section 1~ Glover ~ill Digtrict~ be and they hereby ar~ established as public reade. And be it further resolved, that the Virginia Department of Transpor~etlon, bm and is hereby re~uesred to take into the S~condary Sy~tem~ pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Kequir~m~ntg, th~ following: 95-1oo N~me of Street: Peaee Road To: the cul-de-sac N~me of Street: Taplow Road ?roy: the intmrmection of state Route 2055, Mmrk~y Road Length: 0.O3 mile Length: 0.26 mile To: the cul-de-sac Cuarantoe~ Right-of-Way Width: 5~' feeT, Name of ~treet: TaDlow Terrace Length: From: the inter,action of TaDlow Road To: the cul-de-sac Guaranteed Right-of Way Width: 50' feet. Name of Street: Taplow Circle Length: From: the intersection of TaDlow Road To: th= cul-de-sac 0.07 mile mile This request ia inclusive of the adjacent slope, sight distance, clear zone and d~signated Virginia Department of Transportation drainage ea~ement~ indicated on the development The~u roads serve ~ lots. Thi~ section of St. Regents Lake is recorded as follows: Section l, Plat Book 58, Pages 44 & 4~, September 16, Vote: Unanimous T~i~ day the County Environmental Enpinser, in accordance with dlrec~ions from this Board~ made report in writing upon his examination of the roads in Spring Trace, Section I, Matoaca Dis~rict, and Whereas, the Rosidon~ ~nginear for the Virginia Department of Transportation has advised %he Director of Environmental Engineering, the streets in Spring Tr~ee~ Section I, Matoaca District, meet the requirements established by the Subdivision Street Resuirements of the Virginia Department of Tran~portation, and Whereas, the County and the vi=ginia D~partmeo~ of Transportation have entered into an a~ree~ent~ ~eoorded i~ D~ed Book ~4~, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. TAerefore, upon consideration whereof, and on motion of Mr. Barber, seconded by Dr. Nicholas, it is resolved that the roads in ~pring Trace~ Section I, Matoaca District, be add they hereby ar~ established aa pu~llc roads. And be it further resolved, that the virginia Department of Transportation, bu and is hereby requested to take into the Secondary System, pursuant ts Section ~3.1-~9~ Code Virginia, and the Department's Subdivision Street Requ%rements, the Name oS Street: ~olly View Court Long=h: 0.05 From: the intersection with ~olly View Parkway, Stats Route 47~8 Guarantee~ Right-of-Way Width: 40' feet. q [ ~ I .................... T ~a~e of Street: Holly View Place Length: 0.Q5 mile Prom: the inter~eetion with Holly view Parkway~ State Route To: the cul de-eec Guaranteed Right-of-Way Width: 40~ feet. Name of Street: Holly view T~rrace Length: 8.09 mile Frcm~ the intersection wi~h Holly 4728 the cul-de-sac Guaranteed Right-of-Way Width: This request is inclusive of th~ adjacent slcpe~ ~ght distance, clear zone and designated Virginia Department of Transportation drainage easements indicated cn the development plat. Va%o: Unanimous On motion of Mr. Barber, seconded by Dr. Nicholas, ~he Board approved a sewer oonqraot for Poxcroft Trunk guwer, ContraCt Number 94-0~S~ am follows, which p~jeot includes the extension of t,862 L.F. Of l~ inch and 10 inch wastewater lines and authorized th~ County Administrator to execute any neceseary documents: Developer: D~lmarva Properties contractor: Lyttle Utilities, Incorporated Contract Amount: Estimated Total $122,960-00 To,al [stimated County Cost: Wa~tewater (Oversizing) (Refund thru connections) Estimated Developer Cost: Cede: (Wast~water) District: Clover Hill Vote: Unanimous $ 9~4t~.34 5N-572VO-E&C 8.B.11. REOU~ST TO OUITCLAIM a ~ORTION OF A TWENTY FOOT au=horized the Chairman of the Board and the county Real ~stat~ Company. (It is noted a copy of th~ vicinity sketc~ is filed with the papers of thio Board.) Vote: Un&nimO~ I I 8.E.12. AUTHORIZATION TO EXERCISE EMIE~NT DOMAIN ACRO~ PROPERTY nF NS. MILDRED P. S~RNCER FOR ~CQUiBIT~ON OF AVIATION EASEME~ FOR INSTALLATION OF THE On motlon of Mr. Barber, seconded by Dr. Nicholas, tke Board authorized the County Attorney to proceed with eminent domain on an ~merg~ncy ba~i~ and e~r~ise i~m~diate right of entry purmuaat to Section 15.1-238.1 of the Code of Vircinia for acquisition Of an aviation easement across property of Ms. Mildred P. Spencer for installatien of the Instrument Landing Dyst~m at the County Airport and authorized the County Administrator to notify the owner by certSfied mail on February 24, 199~ of the County's intention tu take possession of the easement. (It is noted a espy of the vicinity sketch is filed with the papers of this Board.) a.E.l.a. ~DO~TION OF RESOLUTION ~B?ABLISNIN~ A RB~iONA5 WATRR On motion of Mr. Daniel, seconded by Dr. Nicholas, the Board nomination/appointment of m member to ~a~ve on the Regional ~ater 91anning Committee. On motion of Mr. McHale~ seconded by Mr. Barber, the Board simultaneously nominated/appointed Mr. Craig s. Bryant, Director of Utilities, to sarv~ ~n the ~egional Water Planning Committee~ whose term is effective immediately and will be at ~he pleasure of the Board. And, further, the Board adopted the following resu!utian: Henrico and the City of Richmond racogni=e the importance of the continued economic development of the rugion; and WHEREAS~ the four localities have interconnected water distribution systems and inter-local water ~upply agreements; WHEREAS, coordinated regional water planning will benefit residents cf the regisn through more efficient, eaonomical, and reliable supply of water. NOW, THBREFORE BE IT RE$OLVBD, that the Cheeterfield Public Utilities of Ckes=erfield County to serve on the R~gional Water Planning Committee. AND, BE IT FURTHER RESOLVED, that the Regional Water Planning Committee shall coordinate local water plans to develop u regional plan that assures adequate, safe water supplies and where feasible, provides mutual suppor~ during AND, B~ IT FURTHER RESOLVED, that the Committee shall ~ubmit a report =o ~ha Chief A~ministrative offiuars by June 30 95-103 2/12/9~ AND, BE IT FURTHER RESOLVED, that the Committee ~hall organize, within ~ixty days after approval of appointment re~olutions by all four local governing bodies. Vote: Unanimous B~RTHUR~T Mr. Micas stated Mr. Larry Barthurst has made a claim to the Board, in the amount $21,764.~7, fur property damag~ of his house located ~t 4217 Fordham Road in Dele District. He ~urther ~tsted in Decembsr~ 1994, Mr. ~arthurst requested the Utilities D~p~rtment to disconnect water service to t~e h0use~ that following standard procedures, the utilities Departnent disconnected service on December 9, 1994; and thst the remaining water from the pipes was ne~ drained and slues oleo=rio service to the residence had also been dieoonneoted, the house was not receiving ~ea=, the water ~ipes fro~ and buret~ ca~sing w~ter damage. Ee stated that sometime after house which ceuse~ additional flooding damage to the te be~iev~ the County did anything inproper; and that granting th~ claim would ~et a p~eeedent. Frank Degastani, Esquire, representing ~r. Barthurst, stated t~e clo~in~ date for Mr. Bar,burst's home was December 9, 1994 and therefore Mr. B~rthurst had ~equested the Utilities DeDartment to d~sconnac% water service ~ th~ home effective December 9~ 199~. He further ~tated water service had ~ot Peen disconnected on apDroximately Sanuary 9, 199~ when Barther~t V%~ited the home; that Mr. ~rthurst has not ~enied the pips~ had not been drained; that had the water service been limited to the amount of water in the piges; that Mr. Darthurst claims he did not have the ~¢ater service re-connected; that the When asked, Mr. Bryant ~tated County r~cords document that the ~r, Barthurst. There was brief discussion relative to it nut bein~ difficult Vote: Unani~ous Iii is noted a packet of information relative to the claim and submitted on behalf of Mr. Barthurst is filed with the papers o~ this Board.) L0. REPORTS On mo~ien cf Mr. Barber, seconded by Mr, ~cHale, the Board accepted a Status Report on the General Fund Balance; Re~erv~ for Eutura capital Prsjaut~; District Road and Street Light F~nde; and Lease Purchases. Vote: Unanimous 11, DINNER On ~otion Of Mr. Barber~ seconded by Mr. MeBale, the Board recessed to the Administration Building, Room 502, for dinner. Vote: Unanlmou$ Re¢onvenin9: Reverend Mark Jordan, Pastor of Ironbri~ge Baptist Church, qave the invoCetion. AMERICA Mr. Burr Kramer led the ~ledge cf Allegiance to the Flag of the United States of America. receive tho rauolution. WHEREAS, the Chesterfield County Board of Supervisors wishes to recognize county citizens who undertake outstanding efforts for the betterment of their conu~unity; and WHEREAS, ~r~ Mary J. Krsmer, a resident of the Harbeur Points community, has volunteered a ~igniflcant amount of time, effort, energy, and technical expertise iu the pursui= of the maintenance of hig~ quality water in t~e Swift C~eek Reservoir as well as ether critical waters of Chesterfield County; and w~B~A$~ ~re. ~ra~a~, a ~etired phy~icis~ with and college t~aching, and a mo~her of six children, bring~ to the County a significant amount of understanding of highly technical information and a genuine concern for %he quality OS life in the County as well a~ ~mpathy for the concerns of her fellow Chesterfield citizens~ and WHEREAS, Mrs. ~/amer has dedicated the part five years of her llfm studying water quality and reservoir is~ues including the review of numerous technical papers, comDuter models and other informational mat~riaI to gain a true understanding of how reservoirs and other water bodies function; how they are affected by growth; an~ what mea~ure~ are needed to protect them from b~coming degraded; and WHEREAS, Mrs. Kramer has provided County stoff with many positive contributions relating to Swift Creek Reservoir re~ultlng in th~ improvement of ~any on g~{ng ~regrsms including input on the Reservoir and Tributary sampling and analysis program; the issue of reservoir drew-down; phosphorous concentration; and their effect on algae growth in the reservoir; and WHeReAS, Mrs. Kramer has done an exhaustive study of the design and effectiveness of retention and detention ponds which, from rims to time, ham inoludmd visiting the ponds during rainfall even=s ~o obtain s=mples of [h~ water being discharged from th~m; and signifisantly to the County's ability tc dsvelop programs which critical waterways within the County as well. quali~y of life in chesterfield County. vets: Unanimous accompanied by msmbers of h~r family~ and expressed Captain Hope introduced Ms. Kay Nelson, a member of the Saint resolution. WHEREAS, dogs and oats give companionship to and share the 14 and 17 million dogs and cats eac~ year simply because there of dollar~ annually through animal con~rol programs trying to cop~ with the millione of unwanted pets; and 95-106 2/22/95 WHEREAS, spaying and neutering dogs and cats has been shown tu drastically reduce cat and dug overpopulation; and WI~EREAS, veterinarians, humane societies, and national and local animal protection organizations have joined together to advocate the spaying and neutering of companion animals on "spay Day USA". NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Beard of Supervisors hereby recognizes February 28, 1995 as "Spay Day USA" and calls this resolution to the attention of all aitizens in observing this day by having their dug or cat another's dog or ca=. vote: Unanimous Mr. MeHale presented The executed resolution to Ms. Nelson and ewpr~$~ed appreciation for the Amsoaiation's efforts in h~lping to control the overpopulation of animals. Ma. Nelson expressed appreciation ~sr t~e recognition. There were ne Public ~earings scheduled a~ this time. 16. REOU~TS FOR rezening from Agrioul=ural (A) :o Residen=ial (R-~}. A single family residential subdivision with a minimum lot siz~ of per ~cre is permitted in a Residential (R-~) District. The Cemprehenslve Plan designates the ~roperty far residential use of 1.~1 to 4-0 units per acre. This r~qu~t lies on 54.5 acres fronting apprexlma~ely 2~2tQ feet on the sou~h line of Lucks Lane, approximately 110 feet east of Exbury Drive. Tax Nap 37- 4 (1) Parcel 6 [Sheet 1~}. applicant has requested the Board remand the cas~ to the Planning commission for reconsideration in conjunction with additional property. There was no opposition present. Dr. Nicholas stated ke has discussed this rogues= with the applicant in which the applicant has indicated he would like =he came remanded to the Planning Commission. He further stated he has received a letter fro~ Mr. Louis F. Lombard letter into the record. On motion of Dr. Nicholas, seconded by ~r. Warren, the Board remanded case 945NQ~19 to the Planning Ce~ission. Vote: Unanimous In Midls~hian ~agis~erial District, CO~EL CELLUL;kR requests Conditional Use Planned Development to per, it a 285 foot communi¢a%ione t~wer in an Agricultural [A) District. The density of such amendment will be controlled by zoning conditions or ordinance sfiandards. The Comprehensive Plan designates the proper~y for regional mixed use. This request lies on 1.O acre lying approximately 1,000 feet off the south llne of Old Farm Road, measured from a point appro×imanely 250 feet west of Larkhill LaDe. Tax Map 17-1 (1) Dart of Parcel~ $ and gA (Zheet g). Mr. PeeLe presented a summary of Ca$~ 95BH0196 and stated the Planning Commission and staff recommends approval subject to conditions. He stated since the planning Commission meeting, one letter has been received e×Dressing concern absut the request and that con=em has been discussed with the DistTict Supervisor. He noted the request conforms Po the Huuueneb/Robious/MidlothiaQ Ar~a Plan. Mr. Bill Axselle, representing the applicant, sPa=ed the recommendation is acceptable. There Was no opposition present. ~r. Barber ~tated the citizen concern received was in reference to a recent assessment obamg~ of that particular citizen's property and was unrelated to the location of ~he towe~ for t~is request, ae noted ~he o©nc~rnm of that citizen have been addressed by the appropriate ~taff. On motion of ~r. Barber, seconded by Mr. Warren, the Board approved Case 955N~196 subject =o ~he following conditions: 1. There shall be no signs permitted to identify this Th~ base of the tower shall be enclosed by a minimum six (6) foot high ~snse, ~eaigned to preclude trespassing. Prior to release of a building permit for the tower, a copy of FAA approval shall be submitted to the Planning Department. 4. The tower and equipment shall be designed and installer as not to interfere with the Chesterfield County Public Safety Trunked system. The developer shall perform an engineering ~tudy to deter-mine the possibility of radio frequency in~erfereDee with the County system. Prior to release of a building permit, the study shall b~ submitted ~o, and approved byr the Chesterfield County Communications and ElectroDios ~taff. 5. The owner shall be responsible for correcting any frequency ~rublems which affect the Chesterfield County Public Safety Trunked System caused by this use. such corrections shall be made immediately open notification by the Chesterfield County Communications and Electrenic~ staff. 6. The color and lighting system for the tower shall be as follows: a. The towe~ shall be grey or another neutral cQ~er, acceptable to the Planning Department- b. aedium in~ensiry strobe lights with upward reflection muy be used durin~ daylight hours. c. If thc tower is lighted during night-ti~s hours, only soft mlinking red lights shall be used. 7. All driveways and parking areas ~hall be graveled or pav~d and maintained ts ~ini<ize dust problems and provide ease 95-i0a 2/22/95 Any Building or mechanical equipment shall comply with S~ction 21.1-248 of the Zoning Ordinance relative to arshitectural trea~men~ of buildin~ exteriors and ~cr~ening of ~ech~nical equipment. (P) IMOTE: This condition would require the screening of mechanical eguiDmmnt located on ths building or ground from adjacent properties and publi~ right~ cf way. Screening would not be required for the tower or tower- mounted oquipment,~ In conjunction with the approval of this request, a l~ foot exception to the 150 foot heiqht l±~itation shell be ~ranted. (P) At such time that the tower ceases ho be used, it shall be dismantled and removed fro~ the site within one (1) year. (cpc) amendment to Conditional U~e [Cas~ ~7S02~) ~o permit a pest office in an Agricultural (A) District. The density of such amendment will be controlled by zonin~ conditions or Ordinance standards. Th~ Comprehensiv~ Plmn designates the property 27). Mr. Pools presented a summary of Case 95SN0198 and stated the confo~m Lo the Southern and Western Area Plan, it is zoned and partially developed for light industrial uses and is consistent ~it~ existing development. There was no opposition present. Dr. Nicholas stated this is a rural area, the citizens in the area will be well served by the new po$~ 0~ice, and he £e~ls approval of the request is a step in the right direction. Dr. Nicholas then made a motion, seconded by Mr. Warren, for the Board to approve Case 955~0198 subject to the following condition: In addition to th~ us~s permitted on th~ subject property, a post office s~all De permitted. (NOTES: A. This condition i~ in addition to Condition d of Case 878028. ~. All other conditions of Case remain applicable.) Vote: Unanimous Mr. Hudgins expressed appreciation to the Planning and staff for their efforts ~n the request. In Matoace Magisterial Dis~rict, eH~STEtFIELD ~ERR~ ~;J~M, INC. requests renewal of ~ Conditions1 Use (Case aPSN0224) to permit retail sales and outdoor recreation activities in conjunction with a ~armin~ operation in an Agricultural (A) District. The density of such amendment will be controlled by zoning eondi=ions or Ordinance standards. The Comprehensive Plan d~slgnates the property fur rural conservation area use. This request lies on 15.0 acres lying approximately ~$0 feet off the w~rn t~rminus uf Pear Orchard Road- Ta~ Map 85 (1) Part of Pascals 9 and 12 (Shee~ Mr. Pools presented a summary Of Case 9~S~0199 and stated the Planning Commission and staff r~commends approval ~ubjec% to eonditinn~. He noted the request is consistent with the Southern and Western Area Pt%~ which designates t~e property for rural conservation uses. Mr. Oean Hudnu~t, representing ~h~ applicant, stat~d the recommendation is acceptable. There was no opposition On motion of Dr. Nicholas, seconded by Mr- Daniel, the Board approved Case 95SR0199 subject to the ~oll0~ing conditions: 1- The retail sale of items not produced on =he proper=y and outdoor recreational acti~itie~ for which a fee im charged may ~ccur only as secondary ume~ to the permitted farming uae. 2. In conjunction with ~etail sales allowed with the permitted farming uae, retail salem of items not produced on-slta shall be permitt®~ and ~ay include, but shall net necessarily be limited to, apples, cider, seasonal decorations, nevalties, jams, jellies, canning crafts and craft ~upplies. In conjunctio~ with farming operations, outdoor recreational activities rot which a fee is charged be limited tQ such activities which are farming related and may include, but shall not necessarily be limited to, hay rides, bee fires, seasonal festivals and picnics. 4. These uses shall not be open to the public between the hours of 9:00 p.m. and S:00 a.m., Monday ~hrough Thursday; between th~ hours of la:30 p.m. and 5:0Q a.m., Friday aaa Saturday; and between =he hours of 6:00 p.m. and ~0:©0 a.m., Zunday. 5. The area between the farm entrance road and the line ~hall be maintained as a buffer. This buffer shall comply with the requirements of the Zoning Ordinance, Sections 21.~-$26 through 21.1-329. 6. A minimum of l~a parking spaces shall be provided. If it is determined by the planning b~part~nt at a later date that the 10~ parking spaces ara insufficient, additional spaces shall ~ provided upon request by the Planning Department. 7. Outdoor lighting shall c~mply with sec~i0n 21.1-a4o of the Zoning Ordinance. (NOTE: These conditions apply only to the retail 9ale of activities for which a fee is charged and do not apply to harvesting operatlon$.) Vote: Unanimous 95-110 2/22/95 Xn ~a~oaca ~a~ieterial District, THE OHZeTER~IELD COUNTY BOARD C~ S~ERVT~OR~ request~ Conditional U~ to'permit a golf course in a Re,ides=iai (R-88) District. The density of such amendment will be controlled by zoning conditions er Ordinance standards. The comprehensive Plan dosignatss the property for r~sidential use on 1 to 5 scr~ lots. This request lie~ on 25Q.0 acres lying off the south line of Ivy ~ill Read, west of River Road. Ta~ ~ap ~7 I1) ~art of parcel 5; Tax ~aD 16~ (1) Part of Parcel 1; and Tax Map 170 (1) Part cf Parcel 7 (Sheet 46). ~r. Pools presented a summary of Case 95SN0226 and stated the ~lansing cemmizmicn and staff rec0~mends approval subject to conditions. He further stated the requmst im uonsistent with the adopted S0uthe~ a~d Wemte~ A~sa Pla~ a~d the use will be compatible with the adjacent planned residential development. H~ notmd Condition Number 6 was modified at the Planning Commission meeting. Oliver Rudy, ~mquire, repreeentin~ C & g geal~y end Gray Loblolly, stahmd th~ recommendation is acc~ptabl~. The~e was no Opposition present. ~r, MoH~le stated the Board of Supervi~orm i~ the applicant for this requemt because when th~ came firmt came before the Board, t~e Board requested the applicant to remove the golf course from their request, therefore, the Board fult it was not appropriate to request the applicant ~e pay the fee ~or the Board to reconsider m conditional use for a privately owned and operated golf course. Dr. Nichola~ recognized Mr. Scott Camp, the develop%r, who was present at the nesting. He sta~ed it has been a pleasure to work with M~. Ca~p end Mr, Rudy and he feels this project will greatly enhance the Southern and Western Area Land Use Plan. the Board tc ~pprove Case 95SN0226 subject to the following conditions: fairways, tees, greens and practice te~s shall drain through a ~MP, turf management for golf courses shall be submitted to the shall provide for the mininum fertilization necessary of t~e Extension Agent to approve or disapprove t~e plan within sixty (60) days from its submittal shall be deemed approval cf the plan. 3. A buffer shall be provided benwe~n the gulf course playing area and public right of way. This buffer shall not be 21.1-228 of She Zoning Ordinance. This buffer shall be designed to minimi=e thc possibility of balls in play entering ~h~ public right uf way. T~e design shall rights cf way other than decorative fencing or walls, topography and/or landscaping. A plan for achieving this with site plan review for the golf course. 95-111 2/22/95 Prior to site plan epprsval, thirty-five <~5) feet cf right-of-way on the south side of Ivy Hill Road, measured from the centerline of that pa~t of Ivy ~ill Road immediately adjacent to th~ prcpartyr shall be dedicated free and unre~tricte~ ~o and for the b~n~flt of chesterfield County. (T) 5. Additional pavement shall be constructed along Ivy Mill turn lanes. Any additional right-of-way (or easements) required for these improvements, shall be dedicated, free and unrestricted, to ~nd for the benefit ~f Chesterfield County. (T} Prior to issuanc~ of an occupancy permit for any golf course use, ~he fullowinq road improvements ~hali be completed or nommi=tsd as determined by ~he Transportation Department: A. Construction oS a fiv~ (5) foot wi~e mhoulder on each side of Ivey Mill Road from it~ easternmost intersection with River Rea~ w~t along its eximting paved section (total distance apprmximetely 0.~ milel; B. Improvement of Ivey Mill Road ~o an eighteen (1~) foot wide paved road~ five (5) foot wide shoulders and mix (6) feo~ wide ditch section~ f~om it~ property line; and C. Dedication to and for the ~ene~it of the County, free and unre~tricted~ any additional right-of-way (or easement} required for the improvement~ identified above. (NOTE: All applicable G~nditions and prsffered conditions of Ca~e 95SN0161 remain in effec~ for any development on the Mr. War~en complimented Qr- ~ichola~ and the ~atoaca District planning Commissioner for ~heir efforts in w~rkinq on this through a SMP. (S~) 2. In eonjum~tien with zubmissiQn of the site plan for the golf course~ a fertilikaaion plan in keeping ~ith normal within sixty (60) days from it~ submittal shall be deemed approval of ~e plan~ (~) A buffer shall be provi4ed between th~ golf ceurs~ playing ar~a and public right of way. This buffer shall n~% be preclude the use of physical bazriere alsng the public topography andjor landscaping. A plan far achieving this r~quirement shal~ be suDmitted for approval in conjunction with site plan review for the golf course, 4. Prior to site plan approvai~ thirty five (35) feet of right-cf-wsy on the south side of Ivy Mill Roadf measured from the centerline of that part of Ivy Mill Road immediately adjacent, to the property, shall be dedicated free and unrestricted to and for the ben,fit of 5. Additional ~svemenb shall be ~onmtruc~ed along Ivy Mill Road at each approved access to provide left and right turn lanes. Any additional right-of-way (or easements) required for thQm~ improvements, mhall b~ d~dicat~d, fr~ and unremtricted, to and for the benefit of Cheeterfield County. ~=io~ to issuance of am occupancy permit for any golf course use~ th~ following road improvemente shall be completed or committed a~ d~ter~in~d by th~ Department: A_ Construction of a five (5) foot wide shoulder on intersection with River Road west along its existing paved section (total diszance approximately 0.9 mile); B. Improvement o~ Ivey Mill Road to an eighteen (1~) foot w~de paved road, f~ve (5) foot w~de shoulders and six (6) foot wide ditch sections from its existing paved section west to the northernmost property line; and Dedication to and for the benefit of th~ County, free and unrestricted, any additional right-of-way (or easement) required for the ~provem~nta identified above. (NOTE: All applicable conditions and proffered ccnditiens of Cage 9BSN01~% remain in ~ffect for any development on the request property.) In Claver Mill Mauisterial District, TH~ RESTAU~ ¢OMP~ request~ rezcning from Corporate Office IO-2] to Community ~usine~ (C-~). The density of such amendment will be controll%d by ~onin~ conditions or Ordinance standards. The CemDrehensiv~ Plan designates the 9rcper~y ~or offic~ use. This request lies on 18.0 acres fronting approximately 770 feet on the northeast line of Genitc Road, approximately 555 feet se~th of Clintwood Road, al~o lying at the southeastern termini of Devetayne and Delgado Roads, and the southw=st~rn terminus of 0akmea~ow Lane. Tax ~ap 49~9 (l) Parcel 31 (Sheet 14). ~s. Beverly Musselman~ Planning Administrator, presented a sugary of Case 93SN~223 and stated the Planning Commission and ~taff reco~ends denial as the proposed zoning and land property for office use. Mr. Jim Theobeld, representing the applicant, ~tated the Planning Cem~i~ionTM recommendation iq acceptable. Thar~ was no opposition present. Mr- Warren expressed appreciation to the clover Hill Planning CQm~issiener and staff for their ~ffort$ on thi~ request. ~hen asked, Mr. McCracken stated staff feels a traffic ligh~ not desirable for Genito Road becaus~ of its close proximity to Rout~ 360. On metion of ~r. Warren~ ~econded by Dr. Nich01a~, th~ Board approved Case 93SN0223 an~ accepted the following proffered conditiQns: 1. Permitted Uses - 0uadramts I and III. The following shall be the only uses permitted on Quadrants I and III of the Property as shown on Exhibit A attached hereto (~he -Plan~,): without an outside public address system or with without dri¥=-in winiows. · Underground utility u~es except as provided in such uses are lecated in easem~nt~, or in public roads rights of way. ·Phflan:hropic and charitable uses. Schools--music, dance and business. · One (1) r~staurant, including ~ fast food ~nd carry- public address system, which restaurant shall only shall be o~en Sot ssrvice to the public after 11:00 initially opened a~ an Arby's Restaurant. permitted pre~ise~; and Ia) The dishes ar~ accessory to a principal use; Ih) The diameter of the dish do~s not ex=eed twelve (12) feet. without an outsi~ publlu a~resz system er with or without drive-in windows. 2/22/95 Berber or beauty shop. Bo~k er s~ati~nery store- Brokerage. Camera store. Candy Store, D~ug store/pharmacy. Dry Gleaning, Dick up and drop off. feet. Newspaper or magazine sales. professional. Shoe repair shop. Tsitoring and dressmaking shops. Unde~gmsund utility uee~ except as provided in Section 21.1-146(a) of the Zoning Ordinance, when roads rights of way. feet, Catering seta~lishmsnts. Communications studios, offices nnd stations, Health clubs; provided that all fitnes~ activities Libraries. Locksmith operations. o~fice supply steres. Pain= and wallpaper storms. Pet sheds, including pet grooming Ins boarding or out&ida runs), Photography studios, sal~s and services ~et in excess of S,000 gross Schomls--musim~ dance and business. ~wlng machln~ sales, instruction and services. Spor~ing gauds sales. Travel arranging and transportation ticket forty-mime (49) percent of all menu entree items of including burgers. No drive-thru windows shall be Other accessory u~s~ ~ot otherwise prohibited, customarily accessery and incidental to any permitted use. Outside display of merchandise for sale shall be permit/md provided much display conforms to the parking setbacks of the District in which located; otherwise, nc outside storage shall be permitted. · TempOrary construction trailers/buildings provided that: (u) The temporary structure shall be devoted e×clumivuly to construction activities on the premises; and The temporary structure shall be r~moved upon activities- · Satellite dishes provided that: (a) The dishes ars a=¢essory to a principal use; The diameter of tbs dish do~ not exceed twelve (12) conditions 1 and 2- · Laboratories--medical or dental. Medical clinics wibhou~ abortion. · Carpenter and cabinetEakers' offices and display · Con,rectors' offices and display rooms. · ElecTrical, plumbinq Or hem=ina supply sales~ · Printing shops provided that only copying and/or duplication machines are used. NO high volume office/warehouses provided that such uses ~hall be set back a minimum of 100 feet from adjacent residential, o~ice or similar properties or areas residential or office uses when loading/warehouse areas are oriented howard adjacent residential or business(es) located on the Property- Hei~h= Restriction. NO buildings constructed on Quadrant~ buildings constructed on the remainder a£ Quadrants I and and the ~uilding scale and form of such facades will bo residential areas and s~all be constructed predominantly areas. ReuSing materials will ~e 95-116 2/22/95 Hours of Op@rati~n. Except fur permit%ed parking, no on Quadrant~ ~ and III shall be open to the publis after 6. Buffers. A total ~of 100 feet of buffer mhall be maintained along the northwestern and northern ~undarie$ of the Property where adjacent to residential zoning aa generally ~hown en th~ Plan. The first twenty-five (25) feet in width of such buffers adjacent to the northwestern and northern Property lines shall conform ~e the requirement~ o£ Sections 21.~-22~, 21.1-227(a) through and 21.1-228 of the Zoning Ordinance~ provlded~ however, that utilities shall be p~rmitted to run parallel to the Property line through the initial twenty-five (25) feet in width e~ ~he Northwestern ~u£fer only. T~e remaining seventy-five (75) feet of th~ Northwestern and Northern Buffers shall conform to Sections 21.1-225, through (h) and 21.1-22~ of the Zoning Ordinance. Further, in conjunction with the first phase of development, an eight foot high integral color split face ~look wall shall ~e installed within the Northwestern Buffer and an eight foot high wooden board fence shall b~ installed within :he Northern suffer. The exact location and design of the wall and fence shall be approved at the tim~ of Site Plan review, bu~ shall ~enerally Be closer to that edge of each buffer that is away from the Property line. At such time aa buildin~ are constructed within Quadrant T of the ~r~p~rty, th~ aforementioned fence shall be rap]aced with a continuation of the above-referenced 7. Parkin~ Restriction - 0uadrants I and IIT. No tractor Quadrants I and IIi within sixty (60) feet of the Northern S. Notification Of site Plan7 Consideration bv Plannin~ Commission. The last known president of the Lake Genito Community Association and all property owners adjacent to the entire property shall be mailed notices by the owner/developer of site Plan submission to Chesterfield County. Prior to Site Plan approval, th~ owner/developer shall provide the Plaunin~ Department with evidence such mailings. The r~que~t for approval of the Site Plan shall be c:nsidarad by the Planning Cummisslon. 9. Genito Road Ri*~t of WaY. Prior to any site Plan approval, forty five (45) feet of right of way on the east side of Genlto Road, ~easured from the cente~line of that part of Conito ~oad immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Cho~torfiold County. 10. Sinqle Access; Access Road Construction. Access to Genito Read ~hall be limited to one (1) entrance~exit_ This acces~ shall bm the existing entrance/exit that aligns 01d Genito Road and shall b~ ~hared with the adjacent properties to the south and northeast. Prior to any Plan approval, acces~ easement(s) acceptable to the Transportation DeparL~ent shall be recorded. To ~rovlde for an adequate roadway system at th~ time of complete development, the developer shall b~ r~sponsi~le for =OBStruction of suck access road from Genito Road to the adjacent prnparty to the northeast. No parking ~paces location of this access road shall be approved by the 95-117 2/22/9S 11. Turn Lane. Prior to issuance o~ an occupancy per, it, addltiomal pavement shall be constructed along the northbound lanes of Genit0 Road at the existing entrance/exit that aliqn~ 01d Genit~ Road to provide a right turn lane. The developer stall dedioa%e, ~res and unrestricted, tQ and for the benefit of Chesterfield County, any additional riqht-of-way (or easement} required for this improvement. In the event the developer is unable to acquire the right- of-way necessary for th~ right turn lane improvement aa described above, the d~v~lcper may request, in writing, the County to acquire such right-of way as a public road improvement. Ail coats asssciated with the acquisition of the right-of-way shall be borne by the developer. In event the County chooses no% to assist the developer in acquisition sf the "off-site" right-of-way, the developer shall be relieved of the obligation ~e acquire the "off- site" right-of-way and provide the ~aid improvements at that location. 12. Phasin~ of Access ~oad. Prior to any site plan approval, a pha$iDg plan for required read improvements i~¢ntified in condition 10 shall be s~bmi~:ed ~o and approved ~y the Transportation Department. 13. $icn~liyatiun- Th~ developer shall b~ responsible fe~ one-half the cost of a traffic ~ignal ~% the site access/Old Genlto ~oad/Cenito Road intersection, if warranted, a~ d~termin~d by the Transportation Department, at such time as either of the following first (a} prior ts site ~lan approval for an~ buildings on Quadrants I and II; or (b) at such time ~s payment by others of the ether half of the cos~ of such signal is made, but only if buildings have been constructed on both Quadrants III and IV. 14. Storm Water oischarce. Th~ developer shall be subject to a stormwat~r management concept limiting the ultimate water~hed development 2~ 10 and 1QQ yea~ stor~ event discharge to a peak discharge less than ar equal to th~ Vote: Unanimous gubdivision, in suppor~ of the rec!u~at. 0~ ~otie~ of ~u. Daniel, ~econded by Mr. Barber, the Board adjourned at 7:49 poR. un=il February 27, 1995 at 7:30 p-m- for a meeting with ~he County Council cf PTA~s at the $C~OOl Board Administration Building. Vote: Unnnimou~ County AdminimtrahJr 95-118