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12-18-96 Minutes MINUTES December ~8, ~r. Harry G. Daniel, Chalr~an ~r. Arthur S. Warron, Vice Ch~. ~r. Edward B. Barber Mrs. Renny B~ H~phrey Mr. J. L. McHale~ III County Administrator Staff in Attendance: Chief Cmrl Baker, Police Department Mr. Craig Bryant, Utilities County Airport MS, Marilyn Cole, Asst. County Administrator Ms. Faith L. cler~ to the Mr. William D. Building official ~arks an~ Deputy CO. Admin.~ Dir., Planning Deputy Co. Admin.~ Mr. Richard M. McElfish ~r. Uame~ J. L. Ste~maler, Deputy CO. Admin., oir., Libraries ~r. Daniel calle~ the regularly scheduled meeting Uo or,er at Mr. Daniel wished everyone a happy holiday and asked everyone that it will be his intention to nominate Mr. Warren for Chairman and ~re. Humphrey for vice c~=~rman at t~e next Board cf Sup~rvisor~ meeting. We expressed appreciation to everyon~ for ~heir supper= over ~he past year and stated the County 96-723 had a strong year in terms af financial matters, bond ratinqe, public support, securing a new ~chool Superintendent and Police for any information loading to tho arrezt and sonviotion of the person or persons responEible for tho two deaths at Clover Leaf Mall and that tho Board of Supervisors will be efferinq an additional $10,000 to the r~ward -- raising the total reward ~o $20,000. He requested that anyone who has info~ation regarding these murders to contact the Homicide Task Force er Crime Solvers and ~tated that all iuformati~n is confidential. It was generally aqreed that the Board would add Ite~ Board of Supervisors Offering an Additional $1O,000 Reward for information Leading to tho Arrest and Conviction of the or Persons Responsible for the Oeath~ at the All For One Store i~ C10vorloaf Mall. 1. ~ROV~ OF MINUTES aDDreved the minutes of Nove~er 26, 1996, as submitted, Vote: ~nanincue 2. CO%~TY ~DMINI~TRATOR~ COKK~NT~ ~ir. Ramsay introduced Dr. William ~. Nelson to brie~ the Board on the 1995 Infant Mortality rate fun Chesterfield County. ~r- Nelson stated recently released data for 1995 includes an Infant Mortality Rate of ~.7 per 1,000 live births for ~he county, which in consistent with the overall gradual drop in this rate. He further stated that Infant ~ortality Rate i~ eRpressed as deaths in the first year of life per 1,O00 live births and that t~e 3.7 rats is extremely positive and compares favorably ~ith the St=to rat~ of 7.$ Xnfan% 4eathe/1, O00 live births. He state~ that infant deaths are caused by birth defeots and premature delivery and additional efforts will be put forth ~0 p~o¥ide better care for infants and to reduce teenage pregnancy rates. He briefly reviewed teenage pregnancy rates and noted Chesterflsld County ¢ontlnues to have low teenage pregnancy rates. $. BOARD ~OMMITTEE RE~ORTS ~ark; added Item ~.D.17., A~end Interjurisdictionsl of N~r~ing Home Property ~o Planning Commlaslsn; ad,ed 0~ Virginia, 1950, as Amende~, to Discuzz ~he Acquisition 0f Real E~tate im ~e Bermuda ~agisterial District for a ~blic Re~e~t~ fo~ ~obile H~m~s and Rezoning ~e~its to follow Item i~.F., Resolution Recognizing th~ clover ~ill High Bchool of Chesterfield County by Performing in ~he London New Year~s Da 'h Vote: Unanimous added Item 8-~.~., Adoption of Resolution Expressing the Intention of the Board of Supervisors to D~iqnate $300,000 in the F¥97-95 Capital Improvement Program for Road Improvements to 5. R~SQLUTIONS AND BPECIAL R~COGNITION8 to accept the resolution. On motion of the Board, th= following resolution was add,ted: ~HEREA$, on June 18, 19~8, reprssentativs~ from ~a~yohuroh jointly with the Chesterfield-colonial Meiqht8 Depar~J~en= of Chesterfield-colonial Heights Alliance for Zocial ~inistry or CCHA$~; and WHEREAS, CCHA$~'$ 1996 membership has ~rown to include thirty-nine area churches of various denomlnatXon$ -- all serwin~ our aras citizens in need of food; ~erving the community on projects such as home r~pair for the elderly and handicapped, =ransDortation, and staffin9 the CC~LAS~ office; and Welfare Reform initiative and partnering with the Department of Sec£al Services to develop and implement a program to transition Chesterfield-Colonial Helghtn Alllanc~ for Social M~nistry and calla this recognition to the attention of all citi~en~. Vote: Unanimous agpreoiahion for their contributions to t~e County. There were no Work Sessions at this time. 0 CITIZENS ADVISORY COUNCIL On motion of Mr. McHale, seconded by ~r. D~rber~ the Board ~uspended its rules at this time to allo~ simultaneous nomination/appointment/reappoi~tm~nt of members to serve un citizens Advisory County; the Appomattox River Water Authority Board; the Parks an~ Recreation Advisory Commission; the Yout~ Services citizens Beard; the Cenmuni~y services Boa~d; t~e Solid Waste Advisory Committee; the John Tyler Community college Board; and the Personnel Appealm Board. Vote: Unanimous On motion e~ Mrs. Hunphrey, e~conded by ~r. Barber, the Beurd simultaneously n~minated/appointed Mrs. Charlotte representing Matoaoa Dietr~ot~ te ~erve ~ the citizens Advisory Council, whoge term is e£f~¢tive immmdiately and will be at the pleasure of the Board. Vote: Unanimous On motion ef Mr. Daniel, seconded by Mr. B&~ber, tho Board simultaneously nominated/appointed Mrs. Jessie W. Flening, re~resentin9 Dale Dis%rict~ to serve on the citizens Advisory Council, whose term is effective ir~mediately and will be at the pleasure of th~ Board. Vote: Unanimeu~ e.B.1. APPOMATTOX RIVER WATER AUTHORITY BOARD On motion of Mr. McHale, seconded ~y Mr. Barber, the Board slmultaneou~ly nominated/reappointed Mr. Craig S. Bryant, alternate member, to serve on the Appomattox River Water Authority Board, whose term is effeCtivs January 1, 59~? aR~ will exl~ir~ December 31, 1998. vets; Unanimous On ~otion of ~s. H~rmphrey, s~conded by Mr. ~arber, the Board s~multaneo~sly nominated/a~point~d Mr. ~arold ~c2~an~e and Mr. effective IK~ediately and will ~xpire December 31, 19~9. Vets: Unanimous 96-726 elmul~aneously nominatsd/appuln~a~ Ms. Jacqualine Bitlip~ representing Ma%casa District, to serve on the Youth Services citizen Board, who~e term is effsotiva immediately and will mi~ultaDeously nomln'~%e~/appointed/reappuinted Ms. Carolyn S. representing Clover Hill Dishrlct; Ms. Judith A. Warren~ representing Midlethian District, to serve on the Community will expire December 3I, 1999. There was brief discussion r~lativ~ to the appointmemt ~. Dona Link, representing Dale District, on th~ Solid Waste Advi$oz~j simultaneously no, ina%ed/appointed~reappointed the following 1997: ~ember ~tr_ Tim Gorzycki Var. ~ill Bar%blow Mr. Hugh Hawthorne Mr. Jame~ Kalangsm Mr. Horace Sims Mr. Joe Kannsdy Mr. William ~arri~h Mr. Gerald Jones Mrs. Marie Traioham Vote: Unanimous District Dale Clover Hill Clev~r ~ill Matoac= ~atoaca Midtothia~ ~i4!o~hian At-Large on ms=ion of Mr. Danisl~ ~e~o~ded by Mr. ~eHale, th= Board eimultan~ou~!y nominatad/r~appointed ~r. samuel A. N~on, representing the county a~-large! who~e te~ i~ =ffective 3anuary 1. 1997 an~ wall expire December 3 1, 1999. Vote: ~nanimous 96-727 declared a conflict of interest under the virginia Confliot of above.) B. NEW BUSINESS ~.A. STREETLIGET INSTALLATION OOST APPROVAL On motion of Mr. Barber, Seconded by Mr. Daniel, the De.rd approved the following streetlig~t installation oost approvalL: DALE DISTRICT ~ Cornerstone Boulevard and Turner Road, On the exis%ing pole No cost to install light · Cornerstone Boulevard, 450 feet east of th~ intersection with CoLt to in.tall light: $1,282.17 ~IDLOTHIA~ DISTRICT · HuntersdLll Lane and Old Ben Air Road, on the existing poll NO COSt to install light Vote: Unanimous S.O. ~CCEPTANCT OF COUNTY~ $ COMPrehensIvE ANNUAL bare issued an unqualified opinion on the Re~ort. He further stated that they DTesLbted the Report earlier %oday to the Budget and Audit Committee. Mr. McKele commended County ~taff ~nd the auditor oS the Report for their ~fforts regarding the audit. He further Ltated that the county ~eCuived a good report and feedback on the accomplishments of County s~aff. (It is noted the% no mecond is required for the motion.) 96-728 On motion of ~r. Daniel, s~conded by ~rs_ ~umphrey, the Board offered an additional S10,000 reward for information leading to the arrest and conviction of the person or persons responsible for the deaths et the All For One store in Cloverleaf Mall. vote: Unsninou~ CONSENT IT1MS 8,D,4,b. A~A~DONIN~ A ~ORTION OF WA~B BOTTOM SPRINGS .ROAD Mr. McHale ~tat~d that he received a call from a constituent who o~ns p~operty on Ware Botto~ Springs Road. Re requested ~hat th~ Roard d~er %hi~ item un~il January ~, 1997 to allow ~taff to addre~ the abandoning with this citizen. On ~otio~ of ~r~ McHale, seconded by Mr. Barber, th~ Board deferred Adoption of a Resolution Abandoning a Portion of Wa~e 5ottom Springs Road until January ~, 1997. Vote: Unanimous On motion of Nm. ~cHale, seconded by Pit. Barber, =he ~oar~ approved a $3~,000 donation to the Greater Richmond Community Corp~ and authorized the County A~ministrator to appropriate the funds. Vote: unani~0~a ~.b.~. ADOPTION OF TeE C~EST~RFIELD COUWTY 1997 LEGISLATIVE When asked, ~r. Ramsay stated that the basis for tha recommendation regarding It=m 16.~ Amend Section ~.1-4~6 of Code of vlr~inia to exempt certain public safet~ facilities from the r~q~ir~m~nt to obtain ~ubstantlal accord approval, was beoause~ in many oa~es, the Police and Fire D~partment are in eireum~tence~ where they need to expedite an operation of some type (suc~ as setting up a booth or having a space given to them a~ a ~hopping mall to 0~e~ate out o~ and covert operations). further stated that ~taff cur~entlM feels those operations have tO go ~hruugh the substantial accord process. He stated that for the sake of expediting police and fire oper~tion~, etaff feel~ these type~ of issues should be exempt from the requirement to obtain substantial accord approval. He requested that th~ Board ~en~ ~ki~ item forward. Barber, the Board adopted the Chesterfield Connty 1997 ~egimlative Program. (It is no,ed a copy of the Prcqra~ is filed ~ith the papers of this Board.) Vote: Unanimous 96-729 reSerred ~he R-9 zoning study and po~ibl~ deletion of R-9 zoninq classification to the Planning Commission for further review and rec0~endation. THE DESIGN OF THE GENITO ROAD WIDRNIN~ On motion of ~r. McHale, seconded by 1~. B&~ber, the Board adopted the following resolution: W~REAS, Genito Road, ~rum ~0u~e ~0 to 0lO Hundred Road, ourren=ly carries over 13~000 vehicles per day~ and WHEREAS, Semite Road mast be improved to safely and efficiently carry this volume o~ traIsi= and ~he relume of WHEREAS, the widenin~ of G~ni%o Road is inaluded in the ~c~ndary ~oa~ ~ix Year Improvement Plan for Chesterfield County; and WHEREAS~ the Virginia Department of Transportation (VDOT] NOW, THEP~FORE, ~E IT RESOLVED, that the Chesterfield County Board of Supervisors supports VDOT'~ Ganito ~oad design. AND, 5E IT FURTHER RESOLVED~ that the Board requests VDOT to proceed wi~h the widening cf Semite R~ad as quickly e~ possible. Vote: Unanimous APPROVAL OF RRALLOCATIONS IN COMMUNITY DEVBLOP~ERT BLOCK ~P~%NT FLrNDING TO FU~D ~ENSLEY ~IRE STATION There was Drie~ ~isoussi0n relative to this project having ne adVurseimpucts on Community Development Bleak Grant ~rojects. approved the reallocation of $58,000, in Community Development Blo~k Grant funding~ tc fund Bensley Fire Station construction VoUe: Unanimous EVALBATR DRAINAGE C0NCERi~ IN TRIPLE OROWN S~DIVISION On motion of ~r. ~eaale, seconded by MT. Barber, the Board tran~fe~ud $9,890, from the County'~ Re~rv~ £ur C~pltal Projects, £o~ an engineering assesa~ent of draina~ p~ablem~ i~ Triple Crown Subdivision between Citation Drive an~ Deer Kun Drive. Unanimous 96-7~0 8.D.7. SET DATE FOR PUBLI0 HEARINGS 8.D.7.e. TO CONSIDER THE RIVBRPRONT PLAN On motion of ~r. NcBale, seconded by Nr. Barber, the Board set ~he date eS January 22, 1~97 at 7:00 D-m- for a public hearing to consider the Riv~rfront Plan_ (It is noted a copy cf the Plan is £ile~ with the papers of thin Board.) Vote: Unanimous O.D.7.b. TO ,CONSIDER A~PROPRT~TION OP 1997 BO~D PROOE~D~ ~D PRO~ECT~ ~ ISSU;%NC~ EXPENSES: ADOPTION RESOLUTION AUTHORIZING ISSUANCE OF GENER~LOBLIG~T,I, ON BONDS: AND ADOPTION OF RESOLUTION APPROVING THE PRELIMINARY OFFICIAL STATEN~T PO~ THE NCNB I~SUE on motion of Mr. MoHale, Seeond=d by ~r. Barber, the Board set the dat~ cf January ~ 1997 at 7~00 p.m. for a ~ublic hearing to consider appropriation of 1997 Bond proceeds and i.terest ~arnings ~or $ohool and County capital proj~ets and issuance expenses~ adoption ~f resolution aufhorizing issuance of C~noral Obligation ~onds; and ad0p~ion Qf r~seluticn approv~n~ B.~D.7.C. TO ~ONSIDER APPROPRIATION OF F¥9~ ~HDOL EXPENDITURE Mr. Barber mtated that the School Board is requesting to spend nome appropriated funding that wa~ ~ot spent in last year'n list of where they would llke the~e funds mDent and requested the Board members to review th~ limt and use it in their Mr. Daniel sta~ed that undnr tho practice of several years, the funds that they nave. N~ noted that these funds equal Nr. HcKale stated that planning theme dollars back into the School Budget is in addition to the planning and pha~in~ that reduction. to consider appropriation of $1~143~850 in FY96 school Vote: Unanimous 8.D.7.d. TO CONSIDER THE CONVEYANCE OF A P~RCEL OF,,L~ND IN THE PARK the date of January S, 1997 ~t 7:08 ~.m. to consider the conveyance of a parcel of land in the Airpsrt Industrial Park. 96-731 FOR THE CO~HO~WEALT~I ~TTO~N~¥ TO ~L~N~ agreement with the Department of criminal Justice Servicem IDCJ$) to previde funding for a VSTOP/Domestio Violence Aqainst VOte: Unani~ou~ This day the County Environmental Engineer, in accordance with dlreotiene f~om thi~ Board, made report in writing upon him examinatien of the road in ~inecla, Section E, Bermuda TransDo~tat~on has advised the Director of Env~rennental Engineering, the street in Mineola, Section E, ~ermuda District, meets ~hs requirements established by the Street Req.uirements of th~ Virginia Departmen~ of Tran~purtatlon, and detention~retention facilities in the County. established as a 9ublic read. And be i% further resolved~ that the Virginia Department of Transportation~ be and ie hereby requested ~o take into the Virginia, and th~ Department's Subdivision Street Requirements, tk~ following: From: Permanent Cul-de-sac, 0.14 mile To: ~nd of ~xi~ting State Route State Rou~e 35~6 Thi~ request is inclusive of the adjacent slope, sight plat. Section E, Plat Book SS, Page $~ March 14, 1994. This day th~ County Environments! Zngineer, in accordance with directions ~rom this Board, made r~port in writing upon his e×aminatio~ of the roads in Walton Lake, Section D, Midlothian District, and Whereas, the Resident Engineer for ~he Virginia Department of Transportation has advised the Diro¢%er of Engineering, tbs street (s) in Walton Lake, Section Nidlothian District, meet the requirements established by the Subdivision Street RecfuiTement~ of the Virginia Department of Transportation, and Nhereas, the County and the Virginia Department of Transportation have entered into a~ agreement, record~ i~ Dee~ Book 24~, Page 40~, January 21, 1994, for all star,water detention/retention facilities in the County. Therefore, upon consideration ~ha~eof, and on motion of M=Hate, seconded by ~r. Barber, i= is ~esolved that the roads in Walton Lake, Section D, Midlothian District, be and they hereby ars established as public roads. And be it £ur~her tess]red, that the Virginia Department of Transportation, be and is hereby requested to %aka into the Secondary System~ purs~an~ to section 33.1-229, C~de of Virginia, and the D~partment~s Subdivision Street ~equirement~, the following: Name of street: Walton Lake Drive Length: 0.~I mile From: Existing Walton Lake Drive, state Ro~te 5300, ~.29 mil~ east of ~tat~ Route To: End of road, 0.~2 mile east of Triton ~prings Drive Guaranteed Right-cf-Way Width: 5~ feet. Name of Street: Port Elissa Landing Length: 0,0~ mile From: End of road, 0.05 mile south of Walton La~e Drivm To: Walton Lake Road, 0.05 mile east of Triton Springs Drive ~uaranteed Right-of-Way width: 50 feet. Name of street: ~ri~on springs Drive Length: 0,14 mile From: E~ieting Triton Springs Drive, State Route 9310, O.Q2 mile ~ertheast of Walton L~ke Drive~ TO: Cul-de-sac, 0.17 mile northeast of Walton Lake Drive, sta=e Route 5Z00 GUaranteed Right-of-Way Nidth: 50 feet. Name of Street: Queensgate Road Length: 0.10 mile From: Triton springs Drive, 0.13 mile east of Walton Lake Drive, State Route 5300 To: End of road, 0.10 mile north of T~iten Springs Drive Guaranteed Right-of-Way width: 50 feet. ~ame o~ Street: Rocky River Drive Length: 0.05 mile From: Cul-de-sac, 0.0S mile north To: Queensgate Road~ 0-06 mile north of Triton Springs Drive Guaranteed Right-of-Way Width: 50 feet_ Name of Street: Avon Lake circle Length: O.SS mile From: Queensgate Road~ 0.06 ~ile north o~ Triton springs Drive To: Cul-de-sac, 0.0S ~ile east ~f Queensgate Road Guaranteed Right-of-Way Width: 50 feet. This request is inclusive Of ~he a~jaGent slope, eight distance, clea~ ~on= and d~ignated Virginia Department of Transportation drainage sasement$ indicated on the development 96=733 This section of Walton Lake is rocorded as follows: Section D, Flat BOok ?4, Page 51, February 13, 1991. TO FUND IMgROV~M~NTS TO TME ~tJOY GARDEN'* AT SWIFT motion of Mr. McMale, seconded by Mr. Barber, the Board transferred $750 from the Clover Mill District Three Cent Road Fu~d to the School Board to fund improvements to the "Joy ~arden" at Swift Creek Middle School. . O~ motion of Mr. McHale, seconded by Mr. Barber, the Doard appropr~ate~ $~Q,QQ~ for preliminary engineerin~ to provide wastewater service to Carver Middle School and eurrounding Vote: UnanlmQue F~O~: ("GRANTOR") vacates to PHOE~IXUNIO~ L.L.C., a virginia Lim~te~ Liability Company, ("GRANTEE~'), pcrtionz Of Blocks A and B, and portions of Konton Drive and Grevelbrook Drive ~ithin Chesterfield Ccunty, Virginia, a~ ~hown on a plat thereof duly petitioned to be vacated ere more fully ~escribe~ as ~ortion~ of Blook~ k and B, end portions cf Grav~lbrook Farm Subdivision, the location of which is more fully shown on e plat by LEWIS & ASSOCIATES, P.¢., da=ed DECE~B~ 6, 1~3, a part of thio Ordinance. 431 of the ~ode of v~jc. qinia, 1958, a~ amended, b~ advertising; WHEREAS, no p~blis necessity exists for th= continuance of th~ aforesaid portions cf $ravelbroek subdivisiun, sought to be vacated and the vacation will not abridge the rights of any citizen. NOW THEReFOre, ~ IT ORDAINED BY T~E ~OAROOF SUPER¥I$OR$ OF CHESTERFIELD COUNTY, VIRGINIA: That Durnuant to section 15.1-482(b) of the Code of Virqlnla, 1PS0, as amended, the aforesaid portions of Gravelbrsok s~bdivisio~, be ekd are hereby GRANTEE hereby conveys unto the GRANTOR and hereby reserves a wator easement acros~ the entire portion~ of Gravetbrock Drivm and Rmnto~ Drive being vacated, as shown on tbs attached plat. This Or~nance mhall be in full farce and effect in accordance with Section 18.1~a82Ib) of the Code of Virginia, 1950~ as a~ended, a~d a certified copy of this Ordinance, together with the plat attache~ hereto shall De recer~ed no s~cnsr %~an t~irty days hereafter in the Clerk's Office of the Circuit Court uf Chesterfield county, virginia pursuant to Section 15.I-485 of the Code of V~g~iaia, 1950, as amended. The effect of thi~ O~d~nance pursuant to ~ction 15.L-483 i~ to de,troy th~ force and affect o~ the reccrdln~ of th~ portion of the plat Vacated. This Ordinance shall ve=t f~ simple title to the centsrlina of the portions of the rights sf way hereby vacated in the adjacent property owner~ and simple titls to the lots hereby vacated in the underlying o~llers, within GCaVelbrook Farm Subdivimion, fr~o and slsar of any rights o~ public use. Accordingly, this Ordinance shall be indexed in tko names of the COUNT~ OF CHESTERFIELD as ~P~%J~TOR, and P~0~NIX L.L-c., a Virginia Limited Liability Cumpany, or its in title, as GRANTEE. Certified by: Ayes: FEe. Warren, Mr. Barber~ Mrs. Humphrey, a~d ~r. Absent; ~r+ D~niel." TO: "AN ORDINA/~CE whereby the COUNTY OF CHESTERFIELD, VIRGT~IA, ("~NTOR'~) vacates to PHOENIX UNION L.L.C., a Virginia Limited Liability Company, ("GP~kNTEE"), portions of Elock~ A and B, and portions of Kenton Drive and Gravelbrook Drive wi=bin Gravelbrook Farm ~ubdivision, DALE M~gisterial Distric=, chester~iel~ County, virginia, as shown on a plat %heree~ duly recordsd in the Cl~rk'a office of the C~rcu~t Court of chesterfield County in Plat Book 11, at Page~ ~9 and 40- WHEREAS, R. HUNTER MANSON, ~et~t~oned th~ Deard of ~upervisors o£ Che~ter£ield County, V~rg~n~a to vacate portions of Block A and B, and portions of Kenton Drive and Gravelbrook Drive, within Gravelbroo~ ~arm Su~divisien, DALE Magisterial Die=riot, chesterfield County, virginia more particularly shown on a plat of record ~n the Clerk~ Office of the Circuit Court of sald County in Plat Book ll, Pages 39 and 40, dated JUNE 18, 1959. T~e portions of G=av~lbrook Farm Subdivision p~titioned to be vacated are more fully described as follow~: Portions cf Blocks A and B, and portions of K~nton Drive and Gravelbrook Drive~ within Gravelbrook Farm Subdivision, =he locations of which i~ more fully ~hswn on a plat by L~WIS ~ part of this ordinance. 96-735 h94E~EA~, notice has been given pursuant to Section 1~.1- 431 of the Code of VirGinia, 195~, as amended~ by advertising; WHEREAS, no public nsoeaalty exists for the of the aforesaid portion~ of Gravelbrook FaN Subdivision, right~ of any citizen. C~ C~ESTERF~ELD COUNTY, VIRGINIA: virginia, 1950, as amended, tho aforesaid portions of Gravelbrook Farm Subdivision, be and are hereby vacated. This Ordinance shall be in full force and offe~t in accordance with ~ection ~5-%-48~(b) of th~ Code of VirGinia, 1950, as ameeded~ and a certified copy of this ordinance, together with the plat a~tache~ hereto shall bs recorded sooner ~han thirty days ~ereafter in the Clerk's office of the Circuit Court of Chesterfield County, Virginia pursuant to The effect of this Ordinance pursuant ~o Section 15.1-483 is to destroy the force and ~ff~ct o~ the recording of the portion of tho pl~t vacated. This Ordinance ~hall ve~t fee simple title to th~ c~ntmrlin~ of kh~ por~ion~ of the rights of way hereby vacated in th~ adjacent prcpmrty o~rs and fee simple title to th~ lots h~e~ vacated in the un~srlying owners, within Grav~lhrock Par~ 9ubdivision~ free and clear of Accordingly, this Ordinance shall ba indexe~ in the of the COUNTY OF CHESTERFIELD as GRANTOR, and PHOENIX UNION L.L.C., a Virginia Limited Liability Company, or its successors in title~ &~ GRANTEE. Certified by: Ayes: Mr. Warren, Mr. Barber, Mrm. Humphrey, and Mr. Absent: Mr. Daniel." Vct~: Unanimous On motion of Mr. McHale, secsn~a~ by ~r. Barber, the Board approved a re~uem: fro~ Ms. Louise G. Lipford to oon~truet a driveway within an unimproved ~ight-of-way, subject to the ~xec~tion of a license agreement. (It is bored a copy of the plat is filed with the pa~ers of this Board.) Uote: Unanimou~ 8.D.l~.b. ~ROM THE ~O~SE OF PRAYER FOR A DRIVEWAY TO ENCROACH WIT~IIN AN UNIMPROVED RI~HT-OF-WA¥ On ~etion of Mr. Mc~ale~ seconded by ~r. Barber, the Board approved a request from The Nou~e of Prayer to oon~truot a driveway within an unimproved rig~-u~=way, subje== to the execution of a license agreamee=. (,It i~ noted a copy of the plat is filed w~th the pa~srs or this Board.) Vote: Unanimous 96-736 On ~OtiO~ Of Mr. McHele, meconded by ~. Barber~ the Board accepted, on behalf of the County, the conveyance of a ~aroel of land containing 4.35~ acres from Crimson Birkdale .Limited Partnershi~ ? V~rginia Limited Partnership, and authorized the County Administrator to sx~cu~e the necessary deed. (It i~ noted a oopy of tho plat is filed with the papers of thi~ Board.) vote: Unanimous O~ ~otio~ of Mr. McHala, ~cended by ~r. Barber, th~ Board approved a ~tilities contract for Rugge~ Marine, Ce~t~act Number 96-0074, a~ follows, which ~xt~n~io~ of 347 L.F. ~ of eight ~nch cff~it~ water improvements and author±sad the County Administrator to execute Contractor: Richmond Grading and ~tilltiss Contract Amount: ~s%imat~d Total Water (o~f~ite) $ Code: (Refund thru oonneotions) (Offsite) ~B-~7~V0-E4D District: Bermuda Vote: Unanlmou~ TO PU~O~SE FURNITURE AND EOUiPm~T Om motion of Mr. Mc~ale, s~cended by Mr. Barber, the Roard transferred $2,3~0,000 from the Reserve for School CaRital Improvements to the Carver Middle School Project ~n the School Improvement Fund~ te purchase furniture and equipment for the mew Carver M~ddle School. PROPERTY TO PLANNING COMRISSION On motion of Mr. McHale, seconded by Mr_ B~rb~r, the Board amended the Interjur~sdictional Agreement between the County county's equity portion of the fi~anclng at olo~inq for the new ~ursinq Home and referred rez~nin~ of Nursing Home p~operty to the Planning Commission to con~ider removal of entrance road requirement, ~ote: Unanimous TO DESIGNATE $3~.ooo IN THE FY97-98 CAPITA~ IMPROVEMENT PROGR~d4 FOR ROAD IMPRO~RMRNTS TO ~EL~ONT AITD CO,BILL ROADS On motion of ~r. ~eHa!e, seconded by ~r. Barber, the: Board. expressed its intention to designat~ $200,000 in the FY97-98 Capi~el Improvement Program for road improvements to ~lmont and Cogbill Road~. Vote: Unanimous 9. H~ARING$ OF CiTIZE~ ON UNSOHEDULED MATTERS OR CLAIMS Claims. 96-737 ~0. REPORT~ On motion of Mr. McHale~ seconded by ME. B~rbur, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a statu~ report on the General Fund Eslance; Reserve for Fut~r~ Capital Purchases; and School Board Agenda. And, further, the Board accepted the following road~ into th~ STONEMILL, S~CTION D - (Effective 11-19-96% Route 2S1~ (~arwood Drive) - Fro~ Rout~ 161S to 0.09 ~ile West Route 2718 0,09 ~i Route 3434 (Pri~chard Terrace) - From Route 2615 ~0 0.23 ~ile Nurth Rou~s 2518 0.23 Mi Vote: U~a~imou~ PERFORKANCE OF A S~CIFtO APPOINTEE OF THE BOARD 11.B. On motion o~ Hr. ~cHsls~ es=ended ~y Mr. Bsrber, the Hoard went into Exeo~tiva Session pursuant to Section 2.1-344A.1.~ Code of ~t 1950~ as ame~ded~ relating to the performance of a specific appointee of the Board and pursuant to Section 944A.3.~ Code of Virginia,, 1950, aa amended~ to discuss the acquisition of real estate in the ~ernuda Ma~isterlal D~strict for a public park and conservation area. On moUion of Mr. McEsle, seconded by Mrs. Humphrey, t~e £olluwlnq resolution was a~sp~e~: WHEREAS~ the Board of supe~isur~ has this day adjourned into Executive Session in assordanc~ with a formal vote of the BOard and in accordanc~ with the provisions of the Virqinia Freedom of Tnfo~zaklou Act; and WHEREAS, the virginia Ereedom of Information Act e~Seotive July 1, 198~ Drovi~es for certification t~at such E~aoutive Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED~ the Board of ~upervi~ors doe~ hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open me,ting requirements under ~he F~esdo~ o~ Information Act were discussed in the Exeou=ive Me,glen to which this certification aDDlies, and ii) only such public business matters as were identified in ~he Motion by which the ~xecutiveSes$ion was convened were heard, discussed, or considered by She Soard, No me~ber dissents from thi~ ~erti£ication. The board bein~ Dolled, tns vet~ was as follows: Mrs. ~umphrey: Aye. 95-738 suspended its rules a% ~hlm time to emend the agenda to allow for t~h~ nominatlon/reappointmsn~ of ~ member to serve on the Selid Waste Advisery Committee. Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. MOHalk, the Board slmultanenu~ly nominated/appointed Mrs, Donna Link, representing Dale D~trict, to serve on the Solid Waste Advisory Committe~ whose term is effective ~enuary 1, 1997 and will expire ~ece~ber 71, 1997. vote: Unanimous 12. DINNER On motion of Nr. ~c~a!e, seconded by Mr. Berber, the Beard recessed to tho ldmiaistra%ien Building, Room 502, for ~inner. Vote: Unanimous I~. INVOCATION Reverend Johnnie Fleming, Jr,, Pastor of second Baptist C~ureh, gave the invocation. AMERICA Me, bets from Soy Scout Troops ~11, 815, au~ ~69 lsd the Pledge of Allegiance =o twa Flag e~ the United States of America. Mr. MeHale stated that after discu~sion with the County Attorney, he may have to declare a conflict of interest under the Virginia Conflict of Interest Act regarding Item Ko, emotion/Appointment %o the John Tyler Community College, becomes he could possibly earn in e~eeaa oS $I0,000 under a contract to provide consulting services to the College, He then declared a conflict of interest under the Virginia Conflict of Interest ACt for Item On motion of Mr- ~¢~ale, ~econds~ by Mr. Barber, the ~card ~uspended its rules at this tire to add an Item to the Agenda. Vot~: Unanimous On motion of ~r. McHale, ~eccnded by Mrs. Humphrey, the Board added Ite~ 16-D., Authorization for County Administrator to Enter into e Purchase Contract and Effectuate th~ Ap?roximately 600 Acres from Tarmac Hid-Atlantic, Adjust Prior 9reject Appropriations; and Transfer $500,000 from ~hn Reserve for capital Pro)sure for %he Purpose o~ .creating the Dutch GaD Con~ervatiom Area at Henricus Park to follow Item 16.c.~ Public ~earing to Consider the Tax Exemption Request off the Henricus Foundation. Vote: Unanimous ~r. Warren ~tated that the Board is proud of ~r. Danial'g l~ader~hip ~nd accompli~hments over the past year, On notion of the Board, the following resolution was adopted: WHEREAS~ The Honorable Harry G. Danlel~ Supervisor representing Dele District, served as Chairmen cf the Board of s~pervisors from January, ~996 to Dece,mb~r, 19~6; demonstrated exemplary leadership, courage, and zns:ght ~n dealing with i~ue~ facing th~ County; ~as r~pon~ive ~o the needs of its citizens w~ile maintaining %he quali~y of llfe at an economically acceptable leveli and demonstrated dedication of the ~ig~est caliber to ~romoting Chesterfield County as a pro~re~sive and well managed ~vernmental entity throughout the Region, State, and Nation; and 1~/1a/96 96-739 I[ . : IL_____~lILLl . . ; : I I [I e~ertise and commitment have been recognized not only by the ~Qa~d, the Administ~atien, the business community, and County W~EREA$, under Zrl Daniel's Chairmanship~ the County confronted many ehallenge~ and accomplishments including th~ overwhelming passage of the November Bond Referendum; construction Qf Centre Pointe Fi~e Station and the new Credit Union building; installation and completion of th~ ~nstr~ment ~anding System at the Chesterfield County Airport and completion of the Benmley Fire 8ration; initiation of four summer ~een programm; opening of the Ettrick Community Center a~d t~e Clover Hill ,Sports Complex~ Phas~ T, ~ates ~ill and Chester Linear Park s~tes; construct~on currently underway for a replacement ~ursing ~s~e; initiation of the Committee on the Future's recommendation uf County Barks and ~ecreatien maintenance,of sche~l grounds; a~proval of a joint resolution with Virginia S~ete Un~vers~ty ~n support of the VSU/Ettrink Riverfront Trail Project; approval of a Lease Agreement with the ~enrieus Foundation for construction and operation of th~ Hi~toric Citi~ and Visitor's Center; establishing a partnership with Johnston-Willis Hospital providing a full time nurse practioner at Bens!ay School Health Center; ~n~tiatlon of a compreDeneive lea~ screening program for children; expansion of immunisation ~ervioeo and o~ation of a Healthy Families . Pro~ra~ to reduce f~t~re c~ild abuse and juvunile problems; award of a March of Dimes grant to provide prenatal education for pmegnant teens; and award of a grant from Virginia Department of ~alth ~reast and CerviGal Cancer program to ~rovide screening, treatment, and emotional support to targeted ndigent women. WHEREAS, Mr. Daniel ha~ represented the County well by serving on the GO~ernor's Advisory Commission On Intergovernmental Relations; the Richmond R~gional District Co--lesion; the Rich_mood Area Metropolitan Transportation Planning Organization; ~he capital Region Airport Commission; the Greater Richmond Partnership; e_he Vlr~inia ~unlc~pal Leagne'~ General Government committee~ the ~etropolitan Richmond Convention & visitors Bureau; the Budget and Audit Committee; the School Board Liaison Committee; C~&irin~ the Regional Meeting o~ Ar~a ~%eot~d 0ffioial$ in March, 1996; ~n~ serving as past President and member o£ the Board of Direet0rs ~er VACo. NOW, TKEREFORE BE IT RESOLVED~ that the Chesterfield County Board of Supervisors does hereby recognize and applaud the untiring efforts and commitment to excellence displayed by the Henorabl~ Harry ~. Daniel. AND, BE IT FURTKER RESOLVED, that the ~0ard of inscribed as follows: Ha~y G. Daniel Chair~n Board of Supervisors, Chesterfield County January, 1996 ~o December, 1996 Vote: Unanimous Fir. Warren presented the executed ~emolution to Mr. Daniel, on behalf of the Board, and expressed appreciation for his efforts over the past year. Mr. Ramsay expressed appreciation to ~=. Daniel leadership and Rresen=e~ n~n with t~e subscribed plaque and a Success to Trade bowl. Mr. Daniel briefly re¥icwed the history behind th~ bowl and express,d appreciation for th~ gift. PUBLI~ LIBRARY OW THEIR ~I4TY-~IFTH ~NNIVER~ARY ~ Mr. Masdan introduced Ms. Mary Ann Harmon, President of the Friends cf the Library, who was present to accept the resolution. o~ ~otio~ of the Board, the following resolution wa~ W~EREA$~ the Friends of the Chesterfield county Public Library organization was established in 1970 by twelve vioienary o~tizens and h~s continued to support the goals of an ~pa~diRg library as our community hao grown from 76,~5~ to %K4~R~kE, tb~ Friends of the Library, since devoted special and continuous co,port to the Summer Read,ns Pro,ram that has reached out to children and fa~ilieo -- ~lmost ~00,000 individuals who aspire to develop reading as a most important personal and community asset; and WHEREAS, the ~riends of the Library have developed opportunities Sar the youth o~ the County to participate in special contests and durin~ their 25th anniversary celebration, a hook mark contest for youth 5ttracted oven 500 entrants; an essay eontes~ for student ~ritere a~traoted 534 entries; and an anthology of these work~, in tribute to the youth in Chesterfield County, ~ill soon be published; ~R~$, the Friends of the ~ibrary have offered con=inueus encouragement and maintained enthusiasm for support of library issues by federal, Stets, and County representatives plus providing a foundation for the success of library bond referenda pasoed in 1975, 1978, 1~S8, and ~99~; and WHEREAS! a member Of ~h= Friends of the Library participated an th? Governor's and President's Conferences on Libraries a~d Public Information in 1979 and 1~91; and WHEREAS, the Priends of the Library hav~ provided financing for unfunded budget needs, that hav~ amounted to well over a quarter of a million dollars over twenty-five years, for ares~ of need such a~ th~ Summery Readin~ Program; childrmn an~ a~ult programs; and public access equlDnent such as public catalog, typewriters, public seating, service de~k~, matching funds :o enhance video colloctione~ landscape improvements, and addltion~ to book, audio, and special art book collections.; ~nd WHEREAS, the Priends of the Library have provlde~ ~anag~ment of public and staff copy m~rvice sznce 19~7 end have recently contributed $30,00Q to provide public electron±o, on- line periodical servio~ in full =ext and abstracts at all nine library locations -- this gist introduces major technologisal improvements for the library system which will b~ further developed by the Library's Technology Plan ~000; and WHEREAS, the Friends of the Library have also made contributions to continuation of the rtl-city Literacy Council and outreach efforts such as undaNwri~ing the local broadcast of Reading Rainbow Public Televioion which pro~eteu the dimcov~ry and enjoyment of reading through a mediu~ most familiar to our youth; and WH~EAM, the Friends of the Library have encourag'ed library's local community to bsoom~ involved in its own Friends of the Library group to ~dentify and provide special needs such asvideo/CD/aud±o racks, childrens'spesiai progra~ing, popular book sales, and the Chester Volunteen Program, which received national award ~ecognition in 1989. ~0W, T~R~FORE DE IT RESOLVED, that the chesterfield County Board of supervisors here~y ~eeaqnizeo the Friends of the Chester£iel~ County Public Library far their outotanding contributions to the quality of life in the COUnty. AND, BE IT FURTHER RESOLVgD, that a copy of thio resolution be presentsd bo the Friends of the Library and that 96-741 thio Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. Daniel presented the executed resolution to Ms. Earmon, expressed appreoiatlon for the Friends of the Library members outstanding contributions the County, and wished the~ future M~ Ha~on expressed appreciation for the recognition, stated that there are ~00 ~ri~nds of the Library members, and on¢o~raged moro individuals to be¢~me involved wi~h ~he Friends cf the Library. 15.D. RECOGNIZING THE 1995 CHESTERFIELD B~SEB~LL CLUES PONY ~r. ~old=n introduced Mr. Dennis Field, Sr., Mr. Charles accept the nesolKtion. On motion of th~ Board, th~ following resolution was adopted: WHEREAS, participation in high 6ohool epe~t~ ~ae long been an integral part Of chesterfield County's educational, coached ~y ~r- Bonnie Field~ St., Mr. Charl~ Norris, and ~r. Don Un~ussiq~ participated in and finished First Place in the Washington, Pennsylvania~ where the Team finished Third 91ace - - a Tournament consisting of teams from Calife~nip,,Indiana, ~ennsylvania, Puerto Rico, Taiwan, Texaa, and Virginia; and record of 12-2 and included playar~ Wichola5 Bennett; Adam Buren; B~ock Butler; Brock Daniels; Glen Daniels; Matt Farrier; Dennis Fze!d, Jr.; Freddie Johnson~ Tony Ma~in; Chico ~endeza; Timmy Neville; Michael Norris; Justin Tatro; and Andy vo~tecky. Team fo~ its outstanding representation of Chesterfield County. of the citizens o~ C~ester£icld County, hereby co~ends the Hr. Danlel pre~ente~ =he executed re,dictions Nor~, FL~. Unmus~i~, and member~ of the Team, 18.n. R~co~NI~I~G NS. ~AYE ROLLINGS-CARTER AS THE 1997 ~HE~TE~FIELD COUNTY TKAOHER OF THE YEAR 96-742 On motion of the Board, the following resolution was adspted: WHBREAS, the Teacher of ute Year Award Program recognizes WHEREAS, Mrs. Fays Rollings-Carter was selected to represent Chesterfield County in the 19~7 Virqinia Teacher of the Year Program selection ~rocass; and WHEREAS, Mrs. Rollinge-Carte~ received a Masqer's Degree in German Culture and Linguistics in Austria through the University of N~rth~rn Iowa; and WHEREAS, early in her career, ~rs. Rollings-Car%er taught in Henries County and was named ~enrico County ~e~ohar cf the spent a year in 6ermany es a participant teaching and last WHEREAS, Mrs. Rollings~Cartar rep~asan~e~ chesterfield County by competing for regional and State honors and was named 1997 virginia Region I Tescher of the Year. fortune o£ t~e Couoty to have such an outstanding individual as one of its teachers. Teacher of the Year and acknowledges her dedication to Vo~e: Unanimous teaching. Ms. Rollings-carter expressed appreciation for the recognition. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of ~erica was incorporated by citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one ~erit bed~es in a ~ide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to him community, being active in the ~reop, demonstrating Scout spirit, and living up to the Scout oath and Law; and W~EREAS, Mr. Christopher R. Irving, Troop RI§, ~po~$ored by Chester United Methodist Church, has accomplished theme high standards of commitment and has reached the long-sought goal of 96-763 Eagle Scout which is received by less than two percent of thone individuals entering the scouting movement; and WNEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Christopher citizens Of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield ~f th? ~ounty to have such aD outstanding young man as one of Vu~e: Unanimous Mr. ~sHele p~es=nted the executed r=solution to F~r. Irving, congratulated hi~ on hi~ o~t~ta~di~g achievementS, and wished him well in h~s future endeavors. ar, Irving expressed appreciation for ~he recognition. were present to accept the resolution. On motion of the Board, the following re~o]utlon wa~ adopted: WI~BREAS, participation in high school sper~s ha~ long bscn ~n integral part of Chestsr£imld County's educational, physical, and emotional development for students; and coaching; and 1996 Clov~r Nill Lady Cavaliers~ consisting of Amy Fowler, Er~stln Lanio, Katie ~ason, Jennifer Norton, Sunlen Miller, $~r~h Dreeding, Katherine Zinder~ and a~y Mo~ana finishs~ =he and central Region Championship, and finished first in the State ~ Championships. County Board of ~upervi~ors h~reby co.ends the Clover ~ill of =h~ oi~izen~ of Chesterfield County, hereDy expram~e~ their congratulated them for their superio~ achievements representation of Chesterfield County, and wished them. Ms. Norton ezpresse~ appreciation ~ur ~he recognition stated that coaching the Team wa~ a great experience. Cavaliers Band, who were present =o accept the resolution. WI{EREAR, partioipatio~ iH high school musical bands has long been an integral part of Chesterfield County's mduca%ional and cultural development for students; and High School Hatching Cavaliers Band will perfor~ in the 1997 perform in the GaSa Concert $~ries and tour London, the City cS windsor Castle. County Board of Supervisors hereby co--ends the Clove= Kill o~ %ho citizens of chesterfield County, hereby e×pr~es their best wishes for continued ~ccess to the Clover Hill Sigh school ~arching Cavaliers Band. Mrs. Humphrey presented the executed re~olution to Mr. Conley Mr. Cenley expressed appreciation £or ~hs recngnition and for the active support of all parents who have made t~is program possible. In Dale Magisterial District, A. T. 5INEGAR requested rezoning from Corporate Office !0-~) to community Business (c-3). A planned. ~owever, with approval of this r~qu~st, uther C-$ u~e~ would be permitted. The density of such amendment will be controlled by zoning conditions or ordinanse s~andards. The Comprehensive Plan suggests the property is appropriat~ for aDproximately 277 feet on the ~ast lima of Iron Bridge Re%d, a~proximately 270 feet north of Cogbill Road,. mlmo fronting from Howell Drive. Tax ~ap 52-14 {~) Parcels 22, 128 and 131 {Sheet 15). that the appliasnt is requesting that thi~ request be On motion of ~r. Daniel, seconded by ~rs. ~umphrey, the soard withdrew Cass 96SNQ226. ~6~N~?~ In ~idlathian Magisterial District, ~EDARWOOD DEVELOPHENT, 96-745 (O-~) to Neighborhood Business {C-Z). Th~ density of such amendment will be controlled by zoninq conditions or Ordinance standards. The Comprehensive Plan suggests that the property is appropriate far office use and residential use cf 4.01 7.00 unit~ per a~rs. This request lies on 13.1 acrec fronting approximately 200 fee% On %he west linc of Huguenot Road, approximately 850 f~t on th~ northwest tlne of Alverser Drive and appro×imat~ly 900 fe~t on the ~ortheast line of Old Buckingham Road and located at the intersections of these roads. Tax Map i~-S (1) Parcels I, 3, 6 and ~2 (sheet 7). Hr. Jacobsen presented a summary of Case 96SN0275 and stated that the applicant is requesting that this requ=st be withdrawn. There was no opposition present to the withdrawal. Mr. B~rber ~tated the request is being withdrawn be=sues it ocnflzcts wzth the land use plan is place, the adjoining nsighbor~ desire to rmmain with the land u~e plan, and the recommendation of the Planning Commission. He further ~tated that withdrawal of the request allows the property owner to readdresc uz~ of the property. Mr- Da~er then made a motion, seconded by Mr. Warren, for the Boar~ to withdraw Case 96SN0275. Mr. Warren stabed tha~ he received many calls fro~ a~ea cltizan~ regarding this request. He further stated that he was unable ts return all phone calls and expreg~ed appreciatio~ for their input~ ~r. Daniel called for the vote on the motion made by Mr. ~arber, seconded by Mr. Warren, for the Board to withdraw Ca~e 96SN0275. Vote: Unanimous In ~ale Magisterial District, ~ULBERR¥ CORPORA~IO~ requested rszoning from Agricultural (A), Kesidential (R-l] , R~nidential (R-15), Residential Townhouse (~-TH), Residen=iat ~lti-family (R-MF) and Community Bu~ines~ (c-~) to Residential (R-9) ~??-~ ~oreo, and from Agricultural ~A tu ~eighborhocd Business C-2] o~ 3.~ acres. A single family residential subdivision having a mln~u~ lot si~e of 9~00o gross square feet ~s planned for the R-9 portion of this request. Commercial u~es planne~ along Belmont Road, acro~s fro~ its i~tersecticn with Cogbill Read, for the C-2 portion of this request. Residential use of up to 4.S4 units p~r acre is permitted in a Residential (R-9] District. The denslty of =he Neighborhce~ ~usiness tract will ~e con~relled by zoning condltion~ or Ordinanc~ ~tsndard~. The Comprehensive Plan designates th= property for public/~emi-publi¢ and for r~sidential use of 1.5 units acre or less. This request lies on 1~0-9 ~cres approximately 1,300 feet on the west line of Belmont Road, across from Cogb~ll Road, also fronting approxima=ely 800 feet on the east line of Newbys ~ridqe Road, appro~ma:~ly feet northeast ef Burnett Drive. Tax Map 6~-3 (1) Parcel 26; Tax Map 64-8 (1} Parcel 1; and Tax Map 65-5 (~) Part of Parcel I (Sheets 21 and Mr. Jacobsen presented ~ summary of Case 965N0201 and stated that the Planning Commission r~co~meuds approval and acceptance of proffered conditions. He £urthe~ sba=ed that the appliean= has recently submitted new proffered conditions and an amended proffered condition for ~his request and briefly reviewed ~e proffers. He stated that the Board would need to ~u~psnd its rules in order the concide= the amended proffers. Mr. Daniel requested Mr. Jacobsen to review the proffers tha~ were ~mitted ~iter the advertising e£ the last Board of Supervisors meeting, but were not par: cf t~is request at the last Board mee~nq. ~Lr. Jacobsen stated that Proffered Condition Number 3 amends the total number uf dwelling units to a maximum of ~6 for the 9~-746 antir~ project; P~offered Condition Number lb requir~ that the d~veloper notify th~ potential owners cf the property of the the County a party, to anychan~ee, in termsof the development Being a minimum of three acres in size and will provide for some development restrictions. John Cogbill~ E~ff~ire, repr~en~ing thc applicant, requeste~ that the Board suspend its rules to allow the new proffered conditlon~ be added. ~ stated that the applicant reduced the density from S35 dwelling units to ~6; that the applicant has Condition a~ part of the covenants that ~tat~ that the r~strictions on th~ ~± acre parcel is for the benefit of the County and is intended to protect the County Airport ~e lea~e~ship in assisting in a ~olutinn regarding this requeet~ The sln~la family residential portion of t~e Prcpert~ ~hall not exceed an overall density of 296 dwelling uni~ covenants for the residential portion of the Property tha~ shall incorporate by re~erenoe t~e existing Bock 21~ at ~g~ 1809 (the "Covenants')~ Mo~ver~ theme restrictive covenants will not include prov~sions a "mu~tifamily sa~tion' (which provisions are currently included in the Covenantm}~ A copy of the Covenants are attached am Exkibit A. Thee~ ~m~rictive covenantm shall also ~rovide that future home ow~er~ o~ t_ke lots on the residential portion of the ~ropert¥ wil~ have noticm of the loGa~ien of t~e Chesterfield County Airport and its proximity to the Property; that an a~verti~in~ brochure sh~wing a vicinity ~ap of the Property and its proximity to the Airport shall be ~iven display mad in the sales center wilt identify the concerning th~ Tare Rar¢~l (as hereinafter defined) shall he deemed a covenant for the benefit of Chesterfield county and may be enforced by the County as a third party beneficiary. Nothing contained herein particular covenant is intended =olely to protect the County's ~nterest in th~ Chesterfield County Airport. Tax Map Parcel 65-1-(1)-1 as shown on Exhibit B (the ~Tate Parcel") shall be four (4). Thes~ lots shall be a minimum of 3 acres in size. Any residue land not included in ~he division ol the Iour (4) lots may be uae~ for recreational usa~ (subject to any restrictions in the Zoning Ordinance) and incorporated into the existing recreational area or left as open apace and shall bs entitled to ccns~uc~ up to two (2) 1ora fronting on Belmont Road and uD to t~ree (3) lots fronting on Cogbill Road Extended; provided, however, 12/18/96 the total number of lots on the Tats parcel shall not exceed four (4) lots. Ail lots frontin~ on Belmont Road er ¢ogbill Road Extended shall have front yard building setbacks of 75 feet and the buildinq metbaok line shall bm rmoorded on the record plat. Vote: Unanimous Mr. Daniel stated that the last public hearing regarding this request wac closed. He further stated that the only part of the public bearing this evening that =an be dimeueeed will deal wi~ the new Pr~ffered Conditions that have been submitted. Mrs. Susan Wasick, r~prementinq Five ~orks Village, ub~t=d that they support the new Preffermd Cen~iti0~s presented by the applicant. this request, she stated that they feel the recommendations of Planning staff should be followed and that the Central Area Plan be considered before any action is taken regarding this request, Bhe further stated that ~hey feel staffs recommendation for light industrial use is good. She further stated ~hat they feel ~e Airport is a valuable County asset and can be attractive to new light industries~ ~he stated that the r~eommendatlon for this requemt i~ inconsistent with the land u~e plan. She recommended that th~ Board de~y this request at this time, M~- John Dewelle, a reeiden~ of Glenwood Subdivision and a Chairman for the past year. He ~tat=d that he supports the new Proffered Condition~ and requested the Board's favorable ~r. Ams Carter, chairman uf the Board e~ Stewarts of Fair Havens Methodist church, stated that they ~.u~port the requeat request. Mr. Douq Hackman, adjoining landowner te th~ prap0se~ property, stated that they have worked closely with the a~plioant to remoh the currant terms of the Proffered Conditions, and requested ~he Board to approve the request~ as p~esented. Ms. Farris~ a resident of Belmont Road~ expressed concerns relative to consideration bsin~ given to th~ residents oD Belmont Road and to the noise zmp~ot. She stated that the shoppin~ center will be a negative zmpaot for Belmont Road and requested the Board to consider approval of the housing development and postpone the sh~pping center portion of the request. Mr. Tom FaMri~, adjoining ar~a~landowner, expressed c0noerns relative to not being notlf~ed a~out the new Proffered Conditions. Se requested the soard to defer the request until the citizens further understand ~hese P~offe~ed C~editlom$. Mr. Jackie Dankoa, representing ~he Virginia Aviation Beard, stated that they support the new Proffered Conditions. ~e requested that ~ore details on disclo~ur% of noise and air traffic be addressed and commended ~veryon~ for their effort~ Concerning this project. Mr. Jim Keil, representing Robinwood Development, eta~ed that he supports the new Proffered Conditions. Mr. Tom Rikes, a resident of Five Fe~ks Village, stated that he eupport~ the request, e×pre~sed conce~nm relative to the request being deferred at the last Board meeting, and commended the Board for working together on this request to reach a M~. Willi~ Blackwood, representing the Board of Director~ of the Chesterfield Business Council, referenced a letter from the Council to each of the Board members stating their to th~ request- ~o s~ated that they still oppose the zoning due to t~n predo~lnanae o~ single-family homes wzthin the approach and take-off zone for Runway 33 at the Airport. He requested that the Board defer the request until after the a~endment to the Central Area.Plan is adopted. ~.~tated if the Board does approve the request this evening; he fe~ls it would be in e¥~ryones best interest if further and emphatic statements regarding future noise an~ vibrations that ' will be e~sriencsd ~y future single-family homeowners. ~ir. Walter Marsh stated that he ~upports the new Proffered Conditions and requested the Board's favorable c~nsideratlen of Mr, Charl~ W. ~undley, an attorney and also 'representing Control Equipment Assooiate~ Incorporated a~d RSK Leasing~, Imcorporated~ ~tated that they promot~ responsible growth and development and that they feel it i~ gignifkcant that many affected by this zoning case, being land and business owners~ do not oppose the request. Ee further stated that the Airport is an important public asset and that they feel the request will net adversely ~ffsct the A±rport. ~e that Airport minimum standards be revised to include reasonable noise and other reasonable standard~. There he~ng no one els~ to addre~ this issue, the publis hearing w~s cloE~d. Mm. Cogbill rs~erenced the Ssuthside Church of the Nazerene zonin~ request, a slm~tar re~u~t that went before the Board and was approved. Ha stated that this request ~as filed in January, 1996~ long before the Central Area Plan was considered and that the Airport is an asset to the County. He further stated that th~ applicant has euggested and have worked with the Planning Commission and staff an the issue of .providing notices for all residential development within the noise impact area as part of the marketing plan. He requested the ~oard's favorable consideration of the request. ~Lr. Daniel stated that there are two option~ regarding this request - to accept as presented or to deny. Ke f~rth~r stated that denying ~he request wnald etill give the existing landowners a right to develop the twenty-two ± a~re~ to the same level of development proposed and will also provide, on the existing tract a rathe~ high dense development of approximately 740 houses of which approximately 145 are single- family. ~e further ~tated that the revised Proffered Condition, when accepted in the new zoning, will reduce the government is a process owned by the people; commended area cit~zens~ from subdivisions in the arose of Newbys Bridge, Falling Creek, Bel~ont~ and Cogbitl Road~, for leadership; and stuted that all these ¢itizene are in support of thi~ ~oning request. ~e further stated that wit~/ the negotiations that County A~ministration ~ad with the and the new Proffered Condition, the A~inistrat~on has r~oved proposal wa~ never mattered a~ a per~ect zoning request, but was marketed a~ th~ b~t option that the County has at th~s timm. Mr. Warren seconded thR motion. Mr. Barber stated that there was a difference in th~ new Pro~fered conditions as opposed to the Boar~"m action at th~ lamt p~li~ h~arin~. He further s~ated tha~ he did not fe~l that the current ~onin~ for apart~ents/townhouse~ likely to b~ developed. ~e mtat~d h~ fmels the initial premise Was faulty, in presenting to the citizens th~ choice Of the mingle-famzly reszdents or the apar~m~nt~/townhoumem ~ that there was more value to developing property as m~lti-family. dollar investment on ~e part of the County~ State, and Federal Govmr~ent. H~ stated that h~ feelm to hav~ Dammed 12/18/96 96-749 original zoning would have been a travesty for the A~rport. expressed some concerns about complaints coming from future residents because of t~e Airport noise und being located near .light industrial development_ He further stated that he feels good planning would dictate that the Central Area Plan be Administratar for taking the initiative tc affect the proposed changes ~a£cre the Board this evening. Ke mtated that it is his understanding that concerns of the Airport have now b=~n satisfied regarding this request. He inquired as to whether the changes in this zoning cass, , from the original protect the Airport from adversely being affected by this zonkng request? Mr. Calabro state~ that he hope~ the c~angss will protect the future sf the Airport. He further stated that he would like to see some type of condition included to require notification to futura property owners of possible noise and vibration e×po~ur~ f~e~ Airport activity. There was brief discussion feint'lye to Proffered Conditions relating to notifying perspective property owners about proximity location to the Airport and there being a Condition, under the ~e~trictive Convanants, in whzch the developer notify property owners of the proximity to the Airport. Mr. Darber stated that the County has no jurisdiction en restrictive covenants and eanno~ enforce or change the covenants. ~a further stated that th~ County is relying on goa~ will of the developer to notify perspective property owners that they are buying u home that is in an area that can be affected by aircraft. Discussion, comments, and questions ensued relative to Prsffered Condition Number 13 which descrlhes the previsions cf the restrictive cov~nants~ ~he Virginia Department of Aviation Board censiderinq a grant to improve lighting at the Airport; and addressing the ~ssua cf nQtificatlon for specific areas surrounding the Airport regarding impact~ from the Airport. ~r. Warren stated ~hat these latest comments are very r~assuring about the impact o~ the development to the Air~ort. example sf local government at work and that area neighborhood associations have shown their sophistication for understanding the dynamics of the issues of zoning and planning and theii ability to realize what was a good plan and what was net good .planning. ~e commanded everyone for their efforts regarding thi~ request an~ stated that he lacks forward to working with t~ose involved in this request in the future. He further stated that thi~ request defined, more clearly~ the relationship =nd responsibility of restrictive covenants limits development in proximity of the Airport. He stated that tremendous support is required in order te have changes occur to restrictive covenants. ~ £urther stated that hs will ~upport this re0fues~ and commended Mr. Daniel for his efforts in bringing about a reasonable solution. ~r. ~sHale ~tnted t~at when the Airport gat~ involved and there i~ stron~ businezs co.unity input, the level of interest in the ca~e ~ broadened. He further stated that ~y 9ppr~i~ately ~he year ~000, the County will have over $2o m~ll~on zn State, Federal, and county dollars in t~is Airport, which is a Significant County rasuu~ue. He stated that he feels the request before the, Board a few weeks ago was a rapid step to put thi~ substantial public investment at risk and to put support from the State and Federal Aviation Boards at risk. Me oorm~ended ~r. Rumsey and everyon~ involved for ~heir efforts over the past few weekm in r~achimg a solution. He seated t~at County at any mere risk now than when the property was originally zoned. Me further stated that he will support th= request because he feels the County A~rport i~ at less risk Mrs. ~umphrey stated that mush of what is taking ~lace with request was inherited by %his Board. She forthsr stated that this Board had come to a conse~,~us over the past few we~k~ and that she will support the requ~ st. She stated that she feels Mr. Daniel called for the vat , an the'~otion made by him, seconded by Mr. Warren, for the soard to approve Case 96SN0~01 and accept the following proff~ ~ed conditions: 2. Ex~ept for the timbsring approved by the virginia Stat% Department of F~restry for the p~rpose of removing dead or diueased trees, there shall be no timbering on the Property untll a la~d disturbanc~ permit has been obtained from the Environmental Engineering Department an~ ~he spprove~ ~ev~oes have ~een installed. . The single family residential portion ef the Property ~hell hot ekceed an overall density of ~6 dwelling units. The average lo= size for the single Ssmily residential development shall be ~1,000 equate feet. The Applicant shall dedicate! free and unremtricted, to and for the benefit of Chesterfield County th~ following: A. Eorty-fivs (45) feet u~ right-o£-way along the entire Property frontage adjacent to Newby~ s Bridge Road as measured from an approved revised centerline. The new cunterline shall be based on VDOT urban minor arterial standard (50 MPH) ~r other standard a~ approved by the Purty-fiv~ I45] ~eet of right-of-way alon~ the ~n VDOT urban minor arterial ~tandard (50 MPH) or other standard as approve4 ~y the Transportation Department. C. Ninety (90) f~t wide ri~ht-ef-way for the east/west major arterial (Csgbill Road Extended) from Belmont Rs&d/Cogbill Road intersection to Newby' s Bridge Road. D. ~eventy (70) foot wide right-of-way for the north/south collector (Fiv~ Forks Lane ax=ended) from ~he northern Property line to Csgbilt Roa~ Extended. The exact location of these riqhts-of-way shall be Prior to an~ site plan or tentative subdivision plan right-of-way dedications described in proSfer~ 5.A and Prior to any site plan approval or in conjunction with recordation of the first subdivision plat, whichever occurs first, the rights-of-way d~$cribed in proffers Prior to any site plan or tentativ~ subdlv~E~on plan Nswby's Bridge Road, Belmont Rs~d! C0gbilt Road Extended and Five FORKS Lane Extended shall be submitted to and approved by =he Transportation Department. Aeces~ for 7. · Te provid~ an adequate roadway system at the ti~e of com~let~ development, ~he Applicant ~hall be responsible 96-751 for the following: A. Construction of two ~2) lanes of Cagbill Road Rxtended [based on VDOT urban minor arterial standard (40 ~PH)] fro~ the Belmont Road/Cogbill Road intersection to Bridge Road, Cogbill Road Extended shall be d~gn~d ~n a curvilin~ar d~sign, a~ d~termin~d by the Transportation Department; E.' Construction of two (23 lanes of Five Forks Lane Extended [based on VD©T urban collector line to CogbilI Road Extended; C. Reconstruction/realignment of N~wby'e Bridge Ros~ [~a=ed on UDOT urban m~nar arterial standard (50 MPB) ar other standard as approved by the Transportation Department] along the entire Pr0pa~ty frontage adjaCunt tO Newby's Bridge Road. The exact design and length of this improvement skal~ be approved by the Transportation Department; D. Reconstruction/realignment of Belmont [based on VDOT urban minor arterial mtandard (50 MPH) or other standard as ~ppro¥~d by the Transportation Eepartment] from the Cogbill Road/Cogbill Road E×tende~ intersection along th~ Property frontage adjacent to Belman= Road. The exact design and length of ~his imDrov~ent shall be approved by t~e Transportation Department; Coustruction of additional pavement along ~ewby's ~ridge Road, Belmon~ Road, CaRgill Road =xtsnded and Five Forks Lane Extended at each approved acG~ss to pro¥ide for left and right if warranted, based on Transportation Department standards; ~. Full cost of traffic nignali~ation at th~ Cogbill Road Extended/Newby's Bridge Road and at the CaRgill Road E~tended/Co~bill Road/Belmont Road intersectisns~ if warranted, ba~d on Transportation Depar~ent standards. after issuance of the last occupancy permit on the Rroperty; and Dedication to C~terfield County, fre~ and unrestricted, any additional rightE-of-~ay (or easements) required for the road improvements identified above. The phasing plan for the r~quired improvements specified in proffer 7.A. shall be as £ul!owm: A. Cogbill Road Extended for a distance of appro×imately 1500 linear feet from Belmont Road to Five Forkm Lane Extended shall be completed as determined by th~ Department prior to recordation of ~ub~ivi~ion plats for more than a cumulative total of residential lots on the Property. CaRgill Road Extended from it~ temporary terminus described in 8.A. above to NewLy Bridge Road shall be co~pleted as determined by th~ Transportation ~e?a~tment prior to (i) the a cumulative total of ZO0 residential lots on lot within lQ00 feet of NewDy' s Bridge Road, ~hichever donuts first. In any event, Cogbill Road Extended shall not be connected to ~ewby's Bridge Road until (x) the end of ~ight years from the date of rezoning; or (y) the completion o~ the ~Newby's Bridge Road ~2/18/96 10. 11. 13. Newby's Bridge Road Improvements are d~fined as Walm$1ey Bouiovmrd to its intersection with Cogtill Need Extended as a two-lane roadway Road Extended is connected to Newby' s Bridge Road (as set forth above) the Applicant shall read from coghill Read Extended to Newby's Bridqe Road. [NOTE: It is recognized that until the time of the ultimate connection of there may have to ba an except~en request, made at the time of ~ubdivision approval! pertaining to limits on the number of residential public road access is provided and an e×caption request to the limitations Consideration of the impact of this proffer should be given at the tine of ~entative subdivimion plan approval.] approval, whichever oaaurs first, a phasing plan for the required road improvements~ as idenbified in pro,far 7.B-G, shmll ~e submitted to and approved Dy t~e shall pay a total cash proffer of $~,~?.~0. The cash application. ~k~ total amount shall be divided equally and paid ena par lot ~asis for the first 100 lots. The following by-ri~h~ Uses on th~ C-2 zoned Property are restricted as follows: A- Any use which provides for the sale cE ~oaks, distribute any materials which may be defined or Penthouse. Dry oleanin~ pick ~p and drop o£f ara perl~itt~d. A. Cocktail lounges, dining halls and nightclubs, cafeterias. [NOTE: Th~ purpose ~f t~ie proffer is. to restrict uses which prl~arlly sell on-gremzse= alcoholic beverages; however, restaurants with accessory sale ef alcoholic beverages intended te be included in this ~estr±ction-.] B. Occult sciences such as palm readers, prophets~ etc. Th~ Developer ~hall pr~pa~e and record r~ztrio~ive covenants for the ~e~idential De~tion of the that ~hall incorporate by reference the existing restrictive covenants of Piv~ ForkE Village; including the ~aster Declaration cf Covenants, Easements and Restrictlens, dated July 26, 1990, and recorded in Deed 12/18/96 96-753 Book 2102 at wage l~O~ (the "covenants"). However, thes~ r~trictlve covenants will not include ~roviuions for ~alnste~ houoin~,, "tcwnkouses or condomlnium~ a "multifamlly oec~zon (whis~ provisions are currently includsd in the Covenants}. A copy s~ the Covenants are attached as Exhibit A. These reBtrictive covenants on the reszdsntial portion of the Property will hays notice o~ the location Of the Chesterfield County Airport and its proximity to the Property; that an advertising h~ochure showing a vicinity map of the Property and it~ proximity to the Airport shall be given to each p~ospeetive purchaser~ and that the vicinity display map in the sales center will identify the Airport and its proximity to the Property. The covenant concerning the ~ate ~arcel (as hereinafter defined) shall be deemed a covenant fur the bsnefit of Cheoterfiel~ County an~ nay be enforced by the County as a third party beneficiary. No~hing ~ontained herein ~hall be construed to maks the County a benef~c~ar~ of or a party to any othe~ restrictive covenants for thi~ or any other property subject to th~se Covenants. This particular covenant i~ intended solely to protect the County's inTereot in the Chesterfield County Airport. MA~T~R DECLARATION C~ COV~NANT$~ ~A$~M~NT$ A~D R~STRICTIONS is nude u~ of by HOW, THEREFORE, hereby declares that the reel ~tate and s~eh addltkon~ thereto as ~ay h~reafter be made pursuant to Article hereof is and shall be held, tranmferrs~ gold o~nvsy~-~ and occupied ou~jec~ to the covenants! rsstrlotions~ easements~ char~es and l~ens hereinafter set forth, as the same may be amended or e~pplemented from time to time. US~ ~$T~ICTIONS Limitations on Uses. On the property described on Exhibit , ~newn es a part of the Tats Parcel! the total nu~Der of residen=ial lot~ shall be four (4]. These lots shall be a minimum of 3 acres in size. In addition, any residue lend not included in the division of the four (4) lots may be used for recreational uses (~ubject =s any rootricti~n~ iQ thc Zoning Ordinance) and incer~orate~ into the ex&s~&ng reureatlonal ~r~a or left es open space. This covenant is for the benefit of Chesterfield County ~n~ muy be unfo~ced by t~e County a third p~rty beneficiary. Nothing contained h~re~n shall b~ con~trued to ~ake th~ County a b~neficiary of or a party To any oth~r restrictive covenant= for This or any st_her property su~jsc= to thefts Covenants. Thio p~rtioular covenant is intended solely to protect The County' ~ interest in the Chssterfield Co~ty Airport- COMMON AR~A$ AND R~CR~ATION kR~A Obli~ation~ of the Association. The Association, subject tu the rights of the Owners as sst forth D~cl=rution~ ~hull ~e r~sponsi~le for the management, operation and control o~ the Common Areas (~c~pt fur such ~ortions thereof as are the responsibility of Owners or the Club as hereinafter set forth} and all improvements thereon (including fixt~e~, personal property ~n4 equipment related thereto) ~n accordance with the requirements of the Zoning ordinance, %his Declaration an~ any Supplemental good~ clean and attractive condition, o~der and repai~. Ow~e~' ~i~hts...pf Enjo~ut and Use of Co--on Areas. Subject to the provision~ of thi~ D~claration and any every Owner shall have a right of ~njoyment in and to paos .with the title =o every Lot. The Common Areas s~all be used by ~ners only for the purpose or purposes for which the Co,men Area~ may ~ave bee~ improved by Declarant or the A~oclation and subject to any 12/18/96 9d-7~4 opDlicable restrictiens in the Zoning Ordinance.. Any Cor~en Area which kas net been improved for ~ particular use i~ intended to remain in it~ natural ~onditian ~o ~p~eved~ and any uss thsreo£ by an Owner shall not damage or dlm%urb such natural condition or the nnjeyment thereof by ether Owners. ~eneral Limitation~ on Owners' Riqhts. ~he Owners' rights of enjoyment in the Common Axeas shall ~a subject to th~ following: (i) the right of the A~ooiation to reasonable rules and requlatiohs and to charge reasonable admission and other fees for t~e of the Common (ii) ~ubject %0 the limitation imposed by the last ~entsnce of Sectien 55-514C cf the Virginia Code, the right of the Association to ~n~psnd the right of an Ownek to use ~r benefit from any of the Co--on Areas for any p~riod during which any assessment against his Lot is d~linquent! (iii) the rlgh~ of the Association to ~u~pend right o£ an Owner to u~e or benefit fro~ any of the Com~on Areas for any period during which any othe~ infraction by the Owner of this rute~ promulgated by the Association pursuant to this becla~abion remains uncorrected after the last day of a period established for correction ~y the Association C~uc~ period to With a statement of the infraction not mor~ t~an sixty days after such eorr~tien; (iv} subject to the Bylaws, the right of the (v) subject to the Bylaws, the right of. the Declarant or the Association to grant utility in Section (~i) ~ubject ~o the Bylaws, the right Of the part of the Common Areas to any public agency, authority or utillty for ouch purposes and subject to such conditlone os ney be desired by (vii) all of the other easements, eovanant~ re~triction~ provided for in this Declare%ion Architectural Re~iaw Commit%es. There is hereby e~ta'b~ish~d a committee (the ~Archlt~ctur~l Review Committee") for the purpose of reviewing and, as appropriate, approving or disapproving all Plans (hereinafter daf f ned) submitted Dy Owners in accordance with ~hie Article . Tho architectural Review on which the Class B membership terminates or Declarant delegates thio responsibility to th~ Association. The or the Board of Director~ of the Association., as the case may be. Plans to ~e Su~mltted. Before commencing the construction, erection or installation of any building, £enc~, wall, animal pen or shelter, exterior lighting, sign mailbox or mailbox support, improvement or structure (each of the foregoing being hereinafter referred to am an "Improvement~) on a Lot, including 9ny site work in preparation therefor, and before commencing any alteration, enlargement, demolition or removal of an ~mprov~snt or any portion thereof in a manner that alters the exterior appearance (incl~din~ paint color) of the Improvement or of the Lot on which it is situated, each Owner shall submit to the Ar.chitectural Review Committee a proposed construction schedule and at least two sets of plans and specifications Of the proposed construction erection, installation alteration, enlargement, demolition or removal, which plans and specifications shall include [unless waived by the Architectural Review Committee): (i) a site plan e~owing the ~ize~ location and configuration of all Improvements, including driveways ~nd landscaped areas, and all setback lines, buffer areas ~nd other feature~ required under the Zoning Ordinance, (ii) as to Improvements initially oonstructe~ on a Lot, landscaping plans showing the tress to be removed and to be retained and shrubs, plante and qrcund cover ~o ~e installed, and {iii) architectural plans of the Improvements showing color~, driveway material and such other information aS the Architectural Review Committee in its discretion review any ~lans unless and until ~he Plans contain all of the foregoing items. The Plans and the proposod construction schedule ma~ be ~ubmitted to the ~rchitectural Review CommLttee at the address of Declarant in the sams manner as notices are to bs sent to Declarant pursuant to Section ~ for so lcnq as ali of the members of the Archi~ect~i Review Committee are appointed by Declarant, and thereafter the Plans and the proposed oonstructi0n ~chedule may be submitted to the Architectural Review Committee at the addres~ of the A~ociation in the same manner as notices are to be sent to the Association pursuant to ~ection Consultation with Architects, etc.; Administrative F~e. In conneuticn with the discharge of its responsibilities! the Arshitectural Review Committee engage or consult with architects, engineers, planners, surveyors, attorneys and others. Any person seeking the approval of ~he Architectural Review Committee agrees to pay ali reasonable fees thus incurred by the Architectural Review Committee and further agrees to ~ay an administrative fee to the Architectural Revlew CDmmittee may fr~m time to time reasonably establish. The payment of all such fees is a ~ondition to the approval or disapproval by the Architectural Review Committee o~ any Plan~, and the commencement of review of any Plans may be conditioned upon the payment e~ the Architectural Review Committee s estimate cZ such ~ees. Aoorsval of Plan~ The Arch'iteetural Review Committee shall not approve the Plans for shy Improvement that would violate any of the provisions of this Declaration or of any Supplemental Declaration applicable thereto. In all other respects, the Archmtectural Review Committee may exercise its sole dlscretlun in determining whether to approve or disapprove any Plans, including, without limitation~ the location of an Improvement on a Lot. Notwithstanding anything contained herein to the so~t~a~y, the ArChitectural Review Co~itta= shall ~ot have the right to.approve ~ny changes to th~ landscaping on ~n¥ %~t In a Section except upon the initial construction cf Improvements on such Lot. If the Archltec=ural Rsvlew Committee does not approve or disapprove, or approYs subject to conditions, any Plans or proposed construction ~hedule within 60 days after it receives the same in compliauce with' Section and any fees to which it is entitled under ~ectio~ __, $~¢h Wla~$ (or 9~-7~6 No ~tructur~s to be Constructed. etc. Without Approval. NO Improvement shall be constructed, erected, installed that alters the exterior appearance (includln9 ?aint color) of the Improvement or of th~ Lot on which it is therefer have been approve~ by the Architectural Review removed strictly in accordance with the approved Plan~. in~tallatisn, alteration, enlargement, demelltlen or removal of an I~provement, all of the work related thereto shall be carried on with reasonable diligence schedule approved by the Architectural Review co~ittee. Guidelines MaV Re ~stablished. The Arohiteot~mal Review Committee may, in its discretion, establish guidelines and standards to be used in considering whether tc approve or disapprove Plans. Such guidelines may Tmprove~ent~ On a Lot on the grounds that the layout, other a~peets of Improvements approved by the Architectural Review Cemmittee of any Plans, and any of the adequacy~ t~chni~al sufficienc~ or safety of the Improvements described in such ~lans, as the same may be ~odified, and the Architectural ~viuw Committee shall have no liability whatsoever for the failure of t~e Plans or the Improvements to comply with applicable building ce~es, .laws and ordinances or to comply with practices. In addition, in no event shall the Architectural Review Committe~ have any liability Architectural R~view Committee's approval, disapproval Other R~sDonsibilities of Architectural Review a~thcrity ~rovided in ~his Article , the Architectsral Review Cemmi~%ee shall have such ot~r rights, authority and responsibilities a~ may be provided elsewhere ~n this De~la~atien, in any Supplemental Declaration and in the Bylaws. EASEMENTS Utility Easy,eats. Declarant reserves perpetual . ~ments rights'and privileges to inst~ll, maintain, repal~, replace and remove .poles~ wlr~g~ ~able$, condu~ts, p~pes, malay, pump~n~ station~, silts=ion basins, tanks and e~her facilities, systems and equipment for the conveyance and use of electricity, teleDhc~e servi=e, sanitary and storm eews~, water, gas, cable television, drainage and other publi~ convenience~ or utilities, upon, in or e~er those portions of the Properties (including Lot~ and Common Areas) as the Declarant, its succe~ors or ansigU~ may consider to be reasonably necessary (the "Utility Ease~ents")~ However, no Utility Essmmsnts shall be placed on the 96-757 psrtlon of a Lot on which is already located a building which was approved.by the Architectural Review Co~ittee er on which a building i~ to De located p~uant to Plens approved by the Architectural Review Committee or Supplemental Declaration applicable to such Lot. The utality ~a~ements shall include the right to cut treeu, bushes or shrubbery and such other right~ as Declarant or ~h? governmental authority or utility company prov~dzng the utilities may require. The utility lines ~nstalled pursuant to the Utility Easements may be provided in any Supplemental Declaration. Declarant shall have the right to aonvey Utility Easements to other Owners, to governmental authorities or utility companies, to the Association and to any other party or parties. ~a~e~t, right and privilege to ente~ ~pen any Lot or Common Area, and the Association is granted a easement, right and privilege to enter upon an~ Lot, si%her before or after a building has been taking such erosion eonSrol measures as Dsslaran% er the Association deems necessary te pr~vant ar correct sell Declarant ~r the Association shall not e×erci~ such right unless it has given fha Ownur of the Lot or the prior notice thereof and the Owner or the as the case may be, has failed to take appropriate action to co,rest or prevent the erosion or siltation problem. The cost incurred by the As~oiatio~ in undertaking ~uch eromion control measures on any Lot s~all become a special assessment upon the Lot and shall constitute a lien against the Lot an~ shall collectible in ~he manner provided herein for the payment of a~essment~. Thi~ Section shall not apply to Lots owned by Declarant. Maintenance of Lot~. Declarant reserves the ~er~etual easement, right and privilege, and th~ A~$o¢lat~on granted the perpetual easement ri~h% and privilcSe, to enter upon any Lot after at least ten days' notes9 to the owner =hereof~ for the purpose of mowing, clearing, cutting or pruning underbrush, weeds or ether UnSightly growth, dispensing pesticides, herbicides and ~ertilizer and grass seed, removing trash and taking such other action a~ =he Declarant or the Association may consider neeesssry to tartest any e0ndition which detracts from the overall beauty ~f the ProDertie~ or which may constitute a hazard or nuisance. The cost incurred by the Association in taking such actio~ shall con=tltutea ~pecial assessment upon the Lot and shall payment of assessments. This Section shall ne~ apply LOts owned by Declarant. ADDITIONS AND AMENDMENTS Declarant reserv~ the right, at it~ discretion, at ~uch time or times as it shall determine on or before year~ from the date hereof, to subject the Additional Area, or such portions ~hereo~ as Declarant shall determine, together with improvements thereon and ea~ement~, ~iqhts and appurtenances thereunto belon~±~g or appertuining, to the provision~ of this Decluration in whole or in part. Any portion of the Additional Area whie~ is not, on or be£or~ yoar~ from the hereof, subjected to the p~ovisions uf this Declaration in whole or in par~ pur~uan~ to this section and thereby constituted a part of t~e "Properties~all cease to be "Additional Area~'. Each of t~e additions authorized pursuant to this Section shall ~ made by Declarant's recording in the Clerk's Office an appropriate instrument 4escribing the portien~) ef the 16. 17. 18, ~dditional Area subjected to thi~ D~clara%ion. Each ~uch inetrumont may contain such additions, deletions and modifications ts the provisions Of this Dec!station am m~y be demired by the DeolaMant~ However, nc negative reciprocal casement ehsll arise out of any additions, deletions or modifications to this Deola~ation made in the instruments subjecting the Additional Area to this Declaration except as to the r~al ~$t~t~ expressly subject tu ouch additions, deletions and modifications. ' Each cf the additions authorized pursuant to Section shall be made by Declarant's recording in the Clerk's Office an appropriate iDstr~ment describing the portion(=) of the Additional Area subjected to this Declaration. Each such instrument may contain such addit~onm, deletions and modifications to the ~rovioions of this Declaration as may be desired by the Declarant. In addition to subjecting thc Additional Area to this Declaration as provided in Section , Declarant may, supplemental declarations (each a "~upptemental Declare=ion~') fo~ the purpose of establishing certain additional or different Covenants, easements and restrictions applicable to a ~pacifi¢ Section or This D~ela~ation may bs amended either (i) by Declarant without the consent sf any other Owner5 for so long as D~clarant'm Class B membership continues 6r (ii) by a vote Of two-thirds of the Claes A votes (including Declarant as to Class A votes held by Declarant) and with the written coesen~ of Declarant for so long as its Class B m~mb~rship in %he Association continues. In addition, Declarant shall have Bhe riqht without th~ any Tempest am may be necessary or ~pDroDriate in order Corporation ur the Federal National Mortgage Association, a~ the same may ~e amended from time to time, wi~h respect =m their purchase of mortgage loan~ secured by Lots. The vicinity map on final subdivision pl~ts shall show the pro~i~ity of the Property to the Chesterfield County The le~s within 110 feet from the e×iet~ng center line The total nunber of lots north of th~ Colonial Pipeline [NOT=: The purpose cf this requirement is to encourage larger lot s~zcs ~n this ~cction of the Property.] The unanforc~uhility, illegality, elimination, revision enforceability s~ the other proffers er the unaffected part cf any such proffer. similar to exigtlng Five ?orks village. Compatibility may h~ achieved through the use of similar building fea%ure.s. The materials used shall he similRr to the or regional sign, logo or celer~ as part of its sign or 96-7§9 logo and colors are consistent with the requirements of the ordinance and this proffer. 19. The total number of residential lots on the residue of Ts× ~ap ~arcel 6~-1-(1)-1 as shu%~n on ~x~ibi~ ~ (the "Tats Parcel"} shall be four (4). T~esa lots shall be a minimum of ~ ~cre~ in ~ize. Any residue land not included in th~ division of the four use~ ~or recreational uses (subject ~o any r~tri~tions in tns zonin~ ordinance) and incorporated into the ~xi~tin~ recreational area or left as eden ~aee end dedicated to the Five Forks Village Home Owners Association. This land shall be ~e~tric~ed as set forth in the Covenants attached as Exhibit A. The Applicant shall be entitled to construct up to two (2) lots fronting on Selment Road and up to three (3) lots fronting on Cogbill Road Extended; provided, however, the total number Of lots on the Tats Parcel shall not exceed fou~ (4} lots. Ail lots fronting on Belmont Road or Cogbill Road ~×tended shall have front yard building setbacks of 75 feet and the building setback line shall be recorded on tho record plat. The Applicant will p~t~tion the Transportation Department to request VDOT to post the speed limits along Cogbill Road Extended et 25 ~y some eitizen~ about the ~peed cf automebile traffic as ~elleoto~ type roads.] It was generally agreed to rece~s for five minutes. REQUIREMENTS FOR RETENTION OR DETENTION BASINS IN TEE PEVE~OP~E~T STANDARDS SECTION OF T~E ZONING ORDINANCE Mr. stith stat=d that this data and time bas been advertised for a publlc hearing to oon~ider an ordinance to e~end the Code of the County of Chesterfield, 1978, as amended, by addin~ and enacting Section 21.1-~12.2 rela~ing %0 development requirements far retention or detention basins in the d¢¥elopment standards ~ection of the uoning urdinanee. ~o one =ama forward to speak in favor of or against this ordinance. adopted e. ha ~llowin~ ordinance: Chesterfield County: County ef Cheeterfield~ 1975, as amende~, is added and enacted (al Any new dsvelop~ent o~ redevelopment of property for w~ich the Director of Environmental Engineering or hi~ deslgnee meet the ~af~ty criteria specified in Sestlon 21.1- perimeter yard cr~torla s~ecified in Section ~l.1- (b) Basins require~ for development or radevelopmen~ on u~flce, commercial add indu~trtal!y zoned property shall comply with the ~af~ty and p~rima%er yar~ criteria only is s~ property i~ located within on~ hundre~ (1oD) feoz of or a~]aeent to rssi~en=ially zone property or any property used for residential purpoee~, schools, child car~ c~nt~rs, That this ~rdinance shall become effeot~vs immedia=ely upon adoption. Vote: Unanimous 16.B. TO VACATE A ~ORTION OF TOWER LIGHT RO~D WITHIN Rt. $%ith stats~ %his date aed time has been advertised for ~ public hearing to vacate a.portion of Tower L~ght Road within winterfield Subdivision. No one came forward to ~ps~k in favor of or against this ordinates. On motion of Mr. Barber, S~ond~d by Mr. McHale, the Bo~rd adopted t~e following ordinance: AN ORDINANCE whereby the CatTY OF C~ESTERFIELD, VIROINIA, ("GRANTOR") vacates to DAVID I. VIMCENT JR. and ~ARG~RZT J. VInCenT, (husband and wife), HELEN M. BRANCH, ~SSIE M. JONES, ~DWARD F. MI~S, OR., Trustee for JUANITA M. ~IMMS, and ELOISE NIMMS, ("GRAMTEE$"), a portion of Tower Light Road within winterfield Subdivizion, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, a~ ~hown Oua plat thereof duly recorded in the Clerk's Offico of the Circuit CQUXt Qf Chesterfield County in Plat Book 1, a~ Paqe 27. WH~S, DAVID I. VINCENT, JR.z petitioned the Board of Supervisors ~f Chesterfield County, Virginia to vacate a portion of Tow~ Light Road, Win%erfield SUbdivision, MIDLO~I~Nugisterial Dimtrict, Chesterfield Coat%y, Virginia more particularly mho~ on ~ plat of record in the Cl~rk's ~7, prepared by U. E. ~P~D=, dat~ ~Y 18, 1873. The described as follows: A portion of Tower Light Road~ Wint~rfield Su~ivision, ~he location of which is more fully shown on a map attached hereto and ~ad~ a pn~t of thim Ordinance. WHER~S, ~o~ice has been ~iven pursuant to Section 15,1- 431 of the Code of Virqinia, 19~0~ as amended, by advertising; ~EREAM, no public necessity exists rom the continuance ~OW T~R~FORE, Bg IT ORDAINFD BY T~ ~OARD 0F SUP~VISORg 96-761 That pursuant to Section 15.1-dS2(b) of the Code Of vi:oinia~ 1950, as amended, the aforesaid portion of right of way b~ and i~ hereby vacated. This Ordinance ~hall be in full fore* and effect in a~eordsnoe with Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, and a certified copy of this Ordinance~ together with the map attached hereto shall be recorded no ~ooner than thirty days hereafter in the Clerk's office of the Circuit Court of Cheeterfield County, virginia pursuant to ~ection 15.1-4~5 of the Code of Uirqinia, 19§0, as amended. Tho effect of thi~ Ordinance pursuant to Section 15.1-~83 is to destroy the force and effect of the reoording of the portion of the plat vacated. Thi~ Ordinance shall vest fee ~imple title of the right of way hereby vacated in the Droper~y c~e~s of %h~ ~u%ting lot~ ~ithin Winterfield Subdivision~ free and cl~r Qf any ri~ht~ of public use. Accordingly! thi~ Ordinance ~hall he indexed in the names oft ha COUNTY OF CHESTERFIELD as GRANTOR, an~ DAVID I. VINCENT JR- and MARGARET J. VINCENT, (husband and wife), HELEN M. BRk~C~, BESSIE ~. 3ONES~ EDWARD ~. MIMMS, JR., Trustee for Vote: Unanimous 16.O. TO CONSIDER THE TAX EXEMPTION REOUE~T OF THE HENRIOUS ~OU~DA~ION ~r. ~icas stated that this date and time has been advertised for a public hearing to consider the tax exemption request of the Kenricus Foundation. No one came forward to speak in favor of ar against this On motion of Mr. Mc~ale, seconded by Mrs. ~umphrey, the adopted the following resolution: RESOLUTION SUPPORTING THE DESIGNATION OF PERSORAL PROPERTY OF THE HA%IRICUS FOUNDATION AS EXEMPT TAXATION BY THE GENERAL A$SEF~LY OF VIRGINIA N~R~, the ~nricuE Foundation iE a non-stock, non- profit corporation which is dedicated to rebuilding the 1~11 c~ti~ of ~nricu~ and to educat~nq the public of the ~mportance of this hlstorloal site; and ~EREAS, the Henricus Foundation o~s office equipment located in Chesterfield County, Uirqinia; and ~EREA~, personal property used exclusively for historical and patriotic purposes bye qualifying organization Ehall be exempt from taxation a~ authorized by Article ~ctiun 6(a) (6) of the Constitution cf Virginia, upon action the G~neral A~s~bly of Virginia and so long as such organization is operated n0~ for profit an~ the pro~er~y ~x~pt is used in a~ord~n~e with the pu~ose for which the urganlzatlon is classified; and ~R~AS, =he Beard of Supervisors of Chesterfield Co~y, ~irginia has considered the foll~wing factors before the of ~e Henricu~ Foundation as follows: Revenue Cod~ of 1986- 12/~8/96 96-762 $- Mo current annual alcoholic beverage license for serving alcoholic beverags~ has been issued by the Virginia Alcoholic B~verag~ control Board to the Henricus Foundation for use on the organization's property. 3. No director or officer of the Henricus Foundation is paid any compensation in excess of the value of the ~ervices performed in such position with the corporation. No part of the net earnings of the Henricus Fo~nd&tion inures to th~ b~n~fit of any individual. 5. The ~nricus F~undstion provides services for the common good of the public. 6. No par= of the activities of the Hen~ieus Foundation involves carrying on propaganda Or otherwise attempting to influ~ncs legi&lation. The oo~po~atio~ does not participate in, or intervene in, any political campaign on Dehel£ of any oandidate for public office. ?. The Henrious Foundation has no rule~ regulation, policy or practice which discriminates on the basis of rallgiou~ conviction, race, color, ~× or national origin. This year th~ above-mentioned property will generate ~250.00 in County personal property tax. Yn 1995, the Chesterfield County as follows: 1. That this Board supports the request of the property pursuant to Article X, Section 6(a) (6~ of the Constitution of Virginia and the provisions of Chapter 3~ Of Title 58.1 cf the Code of Virginia, 1950, as amended~ and that such exemption should be categorized as historical and patriotic. 2. That the County Administrator is directed to forward a certified copy of this resolution to th~ members of the General Assembly rapresec=inq t~e County Of Chesterfield w~th the request that the proper leglslatlon be introduced in 3. The effective dat~ of thi~ r~ol~tien shall be December 1~, 1996. On motion and second to adopt re~oluticn, motion was Vote: Unanimous AFPROXI~IATELY 800 ACRE~ FROM TAR~ACMID-ATL~NTIC~ TRANSFER SSO0,O00 FROM THE RESERVE FOR C~PITAL ?ROJECT$ FO~ T~E PURPO$~ OF CREATING TKE DUTON G~P Mr. McEale made a motion, seconded by Mr. Warren, for the Board to authorize ~he County Administrator to enter into a purchas~ contract, in a fern appro~ed by the County Attorney and effectuate the amount of $1~000,000, from Tarmac Mid-Atlantic, Incorporated; 96-763 lb L ,,11 i%~.. i I I,I , . adjust prior project appropriations(S220,000 in grant matches, $250,00U in anticipated revenue from sale of easements); and transfer $500,000 from the ~esmrve for capital Projects for the purchase of crsating the Dutch GaD Conservation Area at Eenricus Park. Mr. McHala then stated that this is a onc~ in a lifetims Opportunity and an important step for the County. He commanded County staff and Tarmac for their efforts cn this project. Mr. Daniel stated ~ha~ he also feels this is a ones in a lifetime opportunity and will be a tremendous assst to Chesterfield County. Mr. Daniel called for the vote on the motion made by Mr. McEale, seconded by Hr. Barber, for the Board to authorize the County Administrator to enter into ~ purchase contrast, im a form approved Dy the County Attorney and effectuate th~ purpose cf approximately 808 acres, in the amount of Tarmac Mid-Atlantic~ Incorporated; adjust prior project appropriations ($330~000 ~n ~rant matches, 8250,000 in . anticipated revenue fro~ sale of easements); and transfer $500,000 from the Re~erve for capital P~ojeots for th~ purchase of creating thc Dutch Gap Conservation Area at Eenricus Park, 'vote: Unanimous permi= above-ground utility structure~ and ~etbae~ and fence height ~xcepfion~ in a Residential (R-40) District. .density of such amendment will be controlled by zoninq conditions or ordinance standar~. The Comprehensive Plan Suggests the pro~eMty is appropriate for residential use of 1.0 dwelling per acre or less. This request llss on ~ .04 acre Lynn Road, approximately 900 fee~ ~outh of Kin~smill Road. Tax Map 8-13 (1] Parcsl 2 (Sheet 2). the Planning Commission and staff recommends approval, subject to conditions. He noted that Condition Number 1 wa~ a~ter the Planning Commission meeting, at the direction of the Planning CO~mission. Mr. Cogbill, representing the applicant, stated the r_hat allows the applicant to put the landscaping cate approved Case 975N0129, subject to the following conditions: 1. Ali mechanical squipment shall be enclosed by a minimu2m ~ix (6) foot high fence, designed to materialm that provide screening of the facility. developm~nt. Land,capias shall be employed around the outside perimeter of th~ fence se as to minf~ixs the view of the fence from adjacent properties. The exact approved by the Planning Department. i~/ists5 96-764 paved and maintained to minimize dust or tracking probl~ and to provide ~$e cf in,tess and e~ress, (P) Any huildin~ and all mechanical mquipment shall comply with Section 21.I-248 ~f the Zoning Ordinanc~ relative to architectural treatment of building exteriors snd ~reening of mechanical equipment. (P) Vote: Unanimous This condition will require that existing end future aboveground utility ~truct~res not enclosed within a building be ~creened from adjacent prop~rtie~ and public rights of way. Only ~hlrty 9ercant (S0%) of ~he request property can be occupied with aboveground utility etrueturem.) requested Conditional U~e to permit a child day car~ facility in association with a church use. ~he density of ~uch s~andards. The Comprehensive ~lan suggests the property is This request li~s in a Residential (R-~) Dis:r~ct On 14,5 acres 17 and Tax Map 81-12 Il) Parcel 2 ~shest 2~), to conditions and aoceptanc~ of a proffered condlti~n. ~. McHal= stated %hat First Baptist Church im beginning a substantial investment in ~amily life ministry and that ~he Board to approve dams 97SNG136, subject to thefollowing conditions: association with church use on the 2. Except where the re~u~rement~ of the ~nd~rlying in Emerging Growth Area~. (P) shall be sst back a minimum of forty (A0) fact from all property lln~. (NOT~: Th~$e conditions apply only to child day care u~e and ~euld ~ot apply to any p~rmitted use, such as a church, on the property,} 96-765 IL .......... IL ,,11.~ ......... L I~ . condition: Prior to issuance cf an occupancy permit for any day car= use anticiputed to generate traffic that would warrant left and/or right turn lane, base~ on · Trunmportation Department standards, additional pavement shall be constructed along Kingsdale Road bt the approved access to provide left and/or right turn lanes, The Developer shnll dedicate, fr~e and unrestricted, to and for the benefit of Chesterfield County any additional right of way (or easements) required for these improvements. amendment to Conditional Use Planned Development (Case to permit a motor vehicle wash in a Neighborhood Business (C-2) District. The density of ouch amendment will be scntrollsd by zoning conditions or ordinance m~andard~. The Compre~enzive Plan suggests the property is appropriate for community mixed Road. Tax ~ap 7~-$ (1) Parce~ 2Z (Sheet approved Ca~ 975NO144, subject to the following eonditionm: 1. The entrance/exit to any bay doors associated with any motor vekiole wash shall be oriented generally parallel architectural style with, and smpley cumpa~i~le other buildings located on the property. 3. In ~ddition to the us~s permitted on the subject property (Part of Parcel Al, a motor vehicle wash shull he permitted en the subject property only. (P) a. T~is condition is in addition to the conditions of ~arcel A, conditions of only_ Ail ether condition~ of Caze~ 85S035 and ~85N003~ remain applicable.) Vote; Unanimous 96-766 adjourned at 9:2~ p.m. until ~anuary ~, 1997 at F:00 p.m. Vote: Unanimou~ Lane B. Ramsay County Administrator Chairman 96-767