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08-28-96 MinutesBOARD OF SU~ERVISOI~$ M~TES Supervisors in ~ttendaaee: Mr. Harry G. Daniel, Chairman Mr. Edward B. Barber Mrs. Renny B. ~umph~ey Mr. J. L. Morale, III Mr. Arthur $. Warren, Vice Chrm. Staff in attendance= Mr. Craig Bryant, Dir., u%~lltles Ms. Marilyn Cole, Asst. to County Admin. Ms. Faith L. Davi~, Cl~rk to ~he Board Ass~. Co. Admin., Intergevern. Affair~ ~r. ~ichael Golden, Dir., Deputy Co. Admin.~ ~ight-cf-way County Ombudsman Dir., Planning Mr. James NcKinnel], Dir., Transportation Mr. Gary R. MeLaren, Dir., ~concmi¢ Davelopment M~. Steven L. Micas, County A~orney Dir., Health Mr. Paul D. Patten, Acting ~eal ~state Mr. Erunoi~ M. Pitaro, Mr. Jame~ J. L- step, haler, Dir., Budget ~ ~anagement Dr. Robert Wagenkneoht, Dir., Libraries Mr, Frederiok Willis, Jr., D~r,, ~uman Resource ~gt. Mr. Daniel called the regularly mcheduled meeting to ord~ at ~:00 p.m. ~r. Daniel stated Mr. Warren will not be attending the meeting a~ he is out cf town. ~. ~RO~AL OF MII4UTS~ On motio~ of ~r, ~¢Hale, seconded by Mr. Barbe~, ~he ~oard approved the ninutes of J~ly 24, 1996, us submitted. Ayes: Mr. Daniel, ~r. Barber, and Mr. McHale. Absent: Mr. Warren end Mrs. Humphrey. sf~t96 96-506 Mr. Daniel stated Mr. Warren is on vacation and will not be present ut the meeting and that Mrs. Humphrey will bo arriving soon. accumplisr~uent. He introduced MS. Patsy Brown, A=slstan% ~s. Brown stated, on behalf of the Accounting Department, that she is proud to aeRnowledge receipt of tbs Award for Excellence in Financial Reporting for Chesterfield' ~ 1995 Comprehensive Arn~ual Financial Report. She further stated completion of the ~epert requires a tremendous team effort wi%him Accounting and noted other County departments and School Administrative staff appreciation ~o the Board far establishing add maintaining positive financial r=s~lts to consistently be reported. of t~e Award and acknowledged the spirit of Total Quality national Association of Counties (NACo). MS. Cole stated the County rocoivsd sixteen Achievement Awards Association of county Information Off~cers. sh~ then recogni=ed the following awardm and recipients of the 1996 NACO Department Budget amd ~anagenent Economic Development Extension Service Fire Department ~ana~e~ent Course Library Mental Bealth/Mental Retardation Parks and Recreation S~atistical Process Control ~eighborhoo~ Preservation: Strategies ~ow For Success in the Future ~i~tlng Industry Program Limited ~nglish Sp~aklng Program Multi-Agency Incident Cooperative School Inspection public-~rivate Immunization Partnership Dirsct Servlues System Outreach ~rlnntaI Addictions Services > Horseplay Planning Department > The Public Facilltles Plan Public Affairs > "chesterfield" Choise shoDDer Utilities Department > Pro-active Customer Service Ms. Cole recognized Public Affairs for reseiving.fiYe awards ~xcellenee for the December County Call-in Show which featured home zafety tipz for children; the County Comuments received an Award Of ~xcellenc~ amd Merit Award~ for two articles written - to the County' s water; and a final Merit Award for the There were ne Board Committee Report~ at this time. 4. REgUBSTS TO ~09T~ONE.~C~ION, ~DDITIONS, OR On ~ntion of ~r. Barber, seconded by Mr. McHale, the B~ard added an Attachment to Item 7.A., To Comsidmr an ordinance to Amend thc Code of the County of c~esterfield~ 1978, us Amended, by A~ending and Reenacting section 6-5 Relating to Boar~ Building code Appeals and added Item 8.B.21., Approval of Purchase of Lend ~or Improvements at Thomas Dale High School follow Item 8.B.20,b.~ Appropriation of Clove~ Hill. Three Cent Road ~unds for the Purchase and Inztalla~icn of Four P~rking" signs in County Right-of-Way and, adopted the agenda, Ayes: Mr. Daniel, F~r. Barber~ and Mr. McHale. · 6. WOrK GBG~IONS There were no Work Sessions scheduled a~ this Kr. Micas stated a public hearing to con~id~r aD ordi~aBce relating %o increasing the size of the Board of Building Code Appeal~ from nin~ to ~l~v~n members was held at thc July 29, 1996 Board meeting. He further stated there was some difficulty in filling that ~o~rd because of the oblige=ion to include a number of tradesman. He stated since the public hearing, sta~ has reviewed several i~ema that were o~ concern to the Board. He further stated ~taff recommend~ that the Board not create a separate Board of Fire Code Appeals os the limited number cf fire ease app~al~ a~ well a~ the value Of h~viBg e~p~rtise from various areas on a single board. stated ~taff ha~ detarmlnedthat the State Board of ~Qu~iag considering a nu_~ber of change~ in ~tate regulations that would redefine the m~ber~hip an the local a~peals bear~s, ~herefore, s~aff re~o~ond~ waiting on the decisions from the ~tate before the Board consider~ any changes in the actual makeup of the Boaxd Of Building Code Appeals. M~ further ~tated the County Administrator recommends that the size of the Board be to adopt an ordinance increasing the Boar~ of Buildinq Code Appeals from nine to eleven nembers. Mr. Daniel stated h~ can support th~ motion. nine to eleven m~bers and a= least on~ of ~e two individuals would have fire code expertise. ~ QRDIN~C= To~ND THE CODE 0F THE C0~TY ~D REENACTING S~CTION ~-~ ~TING T0 BO~D OF BUILDING CODE ~PEALS B~ IT O~AIN~D by the Board of Supervisor~ of Chesterfield County: (1) That Section 6-5 of the Cods of the County of (b) the board of buildin~ ~ode app~mls shall consist ~l~ven (11) me~ber~, at l~a~t fo~ (~) of whom shall t~ade~n, and shall be appcintRd and function in with section 11~.0 cf the Virginia Unifo~ ~tatewide Building Code. i~ediately upon adoption. nu~p~nded it~ rule~ at thi~ time to allow s~multaneous nomination/appointment/reappointment of members to se~e on th~ Rid~finders Board aRd the Co~unity Criminal Justice Board. 8/2S/96 8.A.1. BIDEPIND~R~ DOARD ~imultaneously nominated/appointed/reappointed Mr. Jim Banks, ropresentlng the County at-large, and Mr. John Mocraeken and Mr. Oteven $i~onson, alternate mea~bers, to the Ridefinders expire August 31, 1998. Ayes: Mr. Daniel, Mr. Barber, and ~r. Mc~alo. Absent: Mr. Warren and Mrs. Humphrey. Mrs. Humphrey nrrlved at the heating. Judge Philip V. Daffron Judge Frederisk G. Rockwell, III Mr. Pai~e W. Fo~tsr ~, Rober~ L. Maaden Sheriff Clarence G, Williams ~$. Jane ogletree Mo. Elvira Shaw Mr. Thomas L. Vaughn ~,B,2, CO)~U~ITY CRIMINAL JUSTICE BOARD On motion of Mr. Mc~alO, seconded by ~r. B~rber, the Board simultaneously nominated/ap~ninted/~eapp0i~ted th= following mombors to ~erve on the Community criminal Justice ~oard whose terms are effective i~ediately a~d will expire June 30, 1997: Name ~osition ~en~ral District Court Judge Juvenile & Dome=tlc Ra]atien~ Judge Defense Attorney Chief Magistrate! Chesterfield Chesterfield County and Colonial ~eights Representative Ches%erfiel~ community Services Board Representative Chesterfield County Sheriff Colonial Heights citizen At-~rge Colonial Heights citizen A~-Large Colonial Heights conunonwealtn Attorney And, fo:Chex the Board simultaneously nominated/appointed~ ~eappointed the following members to serve on tho Co.unity and will expire June 30, 1998: Judge Timothy J. Haulsr Judge cleo E. Powell Colonel Curl ~uker Mr. William W. Davenport M~, Dorothy ~errington Major Garland Stafford MS. Eileen Brown ~r. walter E~ath Circuit Court Uudgm General District Court Jud~s Chesterfield County Chief of Police citizen At-La.ge Chesterfield County Commonwealth Attorney Chesterfield County~ducator Che~%erfleld County citizen At-Large colonial ,~eights Community $orvicoo Board Representative colonial aeig~to S~erilf 96-510 ~t2~/96 Ms~ Amy i. Repard Mr. Steve Sheffield Ayes: Chesterfield County and Colonial Heights Representative Colonial Heights Chief of Mr. Daniel, ~. BarbEr, Mrs. Humphrey, and ~r. McHale. ~. W&rren. R~NK O~ EAGLE SCOUT on motion of ar. ~cHala, seconded by Mr. B~rber, the Board adopted the following re~olution: WHBREAE~ the Boy Scouts of America wa~ in~orporatedby~r. william D. $oyce on February ~, I910; and WHEREAS, the Boy Scouts Qf America wa~ founded to promote citizenship training, personal devetopment~ and fitness of i~dividuals; and I~q~REA$, after marning at least twenty-one meri~ badge~ in a wide variety of fields, serving in ~ leadership peelt~en in a ~rocD, carrying out a s~rvice project ~enefloial to his spirit, and living up tu thc Ecout Oath and Law; an~ WHEREAS, Mr. Je~fr=y $. PalmErs, Troop ~00, sponsored by Bethel Baptist Church, ha~ accomplished those high standards of co~itment and has reached the 1cng-sought g0al of Eagle Scout which is received by les~than two percent of those individuals enterln~ the Seoutlng movement; and ~{EREAS, growing through his experienue~ in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of him co~nty, Jeffrey i~ indeed a member of a new generation of prepared young citi~en~ of when we can all be very proud. NOW, THEREFORE BE IT ~AESOLVED, ~at t~e C~erfi~ld Ce~ty Board of ~upervisor~ hereby extends its congratulations to Mr. Jeffrey S. Palmers and ac.knowledges the goo~ fortune of %he Co~nty to have ~ueh an out~tandlng young man as one of its citizens. Ayes: Mr. Dan~el~ Mr. Barber~ Mrs. Humphrey, and Mr. McHale. Absent: Mr. Warren. On mo~ion of Nr. H¢~=le, ~e¢on~ed by Mr. Barber, the Board adopted the following resolution: WHEREAS, Theodore Jason Cooper, III i~ a 1996 graduate Clover Fill High School where he finished his school starting kindergarten at the age of five; and WHEREAS, Mr. Cooper attended at lea~t 2,340 days of school; and record of & 9tudebt featured in thc Ric~nmond Afro-~rican for the same attendance feat; and pr~ram at Montclair ~tate University in Upper Montclair, and when =he ~iti~ens of Chesterfield County and central virginia can all be proud and whoso h~gh standard~ prosent a an~ motivation to his p~ers. NOW, THEREFO~ BE IT RESOLED, that ~e Chesterfield cowry Board of Supervisors hereby cungra~ula=ms ~. Theodore Jasen Cooper~ III for hi~ pe~fect atte~da~eu record and outstanding academic achievements, wishes him well in his future endeavors~ and acknowledge~ th~ good fortune of Co~ty to hav~ ~uch an outs~andlng young man a~ ~itizens. ~D, BE IT FURTHER RESOLVED, that a copy of this resolution be pre=en~eo to Mr. Cooper and ~ha~ thi~ resolution be pe~anantly r=corded umong the papers of this Board of ~up~visors of ~esterfi~ld Co~n%y, virglni=. Ay=s: ~r. Daniel, Mr. Barber, ~s. H~phr~y, and Mr. McHale. dmvslcpmsnt efforts; and with the virginia Department of Transps~tation.(VDOT), a design of the proposed interchange; and W~A~, th~ County and VDOT conducted e oitizen information meeting on t/~e design in June, 1996. County Board of Supervisors supper~s the 1-29~/Meado~vill~ Road interchange design, and r~qu~t~ the Commonwealth Transportation Board ~o approve the design. ANO, B~ IT FURTHER RESOLVED, that the Boar~ requests VO0T tO p~eceed with the construction of the interchange mm quic~%y ~.E.l.d. APPROFIN~. TH~ VIRGINIA HOESING AUTHO~ITY'S'ACOUIRING AN OW~%~ ~NTEREST IN THE ~LE~ G~RDENAEkRTM~I~TS ~. McHale stated adoption of this resolution is a ~tep forward will signiflcantly be improved and propert~ will be upgraded substantially a~ Park Lee. He congratulated everyone involved for their efforts in this process. 0~ ~otio~ Of ~r, ~c~al~, s~conded by Mr. Barber, ~= Board ad~pted the following'resolution: ~EREAS, the Vir~{n~a Housing Development Authority considering acquiring an ownership intoro~t in the Park Garden Apartments; and ~R~S, ~e proposed rehabilitation of the Park Lem Gar~a~ ADartnents i~ consistent wi~ the goals reco~endations of %he Jefferson Davis Corridor Plan; ~S~ thi~ proposal will transform the imago of ~ark Lee from a ~ub~idim~d housing project to a co~uni%y %hat will attra=t a mix of incomes and ~e~iden=s~ WHEREAS, this proposal will ~educe the overall d~si=y from the current ~ift~n (~) units per acre to a more manageabl~ and comfortable neighborhood MOW, THEREFORE BE IT RESOLUED~ that the County Board of Supervisors h~reby c~rtifies, to the Virginia ~ouslng Development Authority, it~ aDp~oval of the multl-f=mily housin~ development called ~h~ park Lee ~arden Ayes: ~. Daniel, Mr. Barber, ~rs. H~p~ey~ and Mr. MoHalk- Absent: ~r. Warren. 8,B.2. AWeD O~ CONS~UCTION CO~T~OT T0 ~ On motion of Mr. McHalet seconded by Hr. Barber, the Board Evans Constructions COmpany, in =he amount of $$S4,592, for ~dition~ and renovations to the Chesterfield Cgunty Animal Capital Projects. REVEN~ES FOR THE CHESTSR~IESD COMMUNITY SERVICES appropriated $26,~00 in State Cha~tcr 10 Sunds, $20,900 in Department expenditure appropriation~ by $93,300~ and authorized the creation of throe Zull-time ~oeitione in ~he Mental Kealth/~ental Retardation/Sub~tance Abuse Department. A~sent: Mr. Warren. SET DATE FOR PUBLIG HEARING TO MEND THE ZO~IN~ ORnTN~NCS,.TO ~RMIT MOBILE ANDMANUFA~T~RED NOM~, L~ TH~N NINETEEN ~T WIDE, By RIGNT IN AGRICULTURAL ~en a~ked, ~. Mic~ ~tat~d thi~ 9ubllc h~aring to amend an hel4 d~e to a ma~4at~ fr~m th~ Gsneral A~sembly and is not County initiated. On motion of M~ McHale, seconded.by Mr. Barb~, th~ Boa~d ~he date of September 2~, 1996 at ~:00 p.m. for hearing to con~ider ~end~ng th~ zonin~ o~dinanCe to pe~it mobile an~ manure=toted homes, le~ than nineteen feet wid~ by right in agricultural (A) zoning district~. AyeS: Mr. Daniel, Mr. Barber, Mrs. H~phrey, and ~. Absent: Mr. Warren. 8.B.$. R~OUEST FOR FIREWORKS DISPLAY S.B.$.a. NOODLAKE PA?ILION/~/~HIT~P~TER On motlo~ of ~. M~al~, seconded by Mr. Barber, the Board approved a request from Ms. Karen Maynard-Heghaddas to stage a fireworks display at the Woodlake Pavilion//~mphitheater on sept~bmr 1, 1996, wi~ a rain da~e of September 7~ 1996. Ayes: ~. Daniel, ~r. Barber, Mrs. Humphrey, and~. McHule. Absent: ~. Warren. On motion cf Mr. Mc~ale, seconded by Mr. Barber, the Boa~d ~pproved a request f~om Torrance Hoover to stage a fireworks display at Bellena Arsenal on October 1~ 1996~ wit~ a rain date of October 13, 1996. Ayes: /~_r. Daniel, ~r. Barber, Mrs. Humphrey, and Mr. McHale. Absent: Mr. Warren. DESIGN PROJEOT On motion of Mr. Me,ale, ~econded by ~r. Barber, the Board appropriated an additional $50,000, from anticipated Virginia Depar~meng of Transportation reimbursements, for tbs Hopkins Road Recenztruction Design P~ejaet. Ayes: Mr. Daniel, F~r. Barber, Mrs. Humphrey, and ~r. ~oHale. Absent: Mr. Warren. E.B.7. TRANSFER O~ FUNDS FOR ~R~LIMINARY ~GIN~E~IN~ ~R THE 1-29S/KEADOWVIL~S ROAD INTERCF~ANGE on ~otion of Mr. MoHalk, ~eoonded by ~, Barber, the Beard transferred $~5,~00, fro~ th9 General Ro~d Improvements Account, for preliminary enqinee~ing fo~ the 1-295/Muudowville R~.In~er~hanq$ O~sign ~rojec=. 96-514 S.R.S. AUTHORIZATION TO TERMINATE THE SON~TRUCTIDN DOI~t~ACT CONSTRUCTION CONTRACT WITH WOOLFOLK CONSTRUCTION. INCORPORATED, A~ROVAL OF CHANGE ORDER TO CON~RACTDJG, ~ND TRANgFER ~UNDS FOR THE C~NTER ~OINT~ FIRE STATI0~ On motion of Mr. McHale, seconded by Mr. Barb=r, the Board approved the termination of the construction contract with viking Enterprise, Incorporated; authorized the County Administrator to award a construction contract, in the amount of $1,842,30~, to Woolfolk Construction, Incorporated; and approved change o~do~ to con,act with DJG, Inoorperate~ and transferred fund~, in tbs amount of $~R,4~7, for the Center Points Fire Station. (It is noted that $214,300 will b~ transferred fro~ th~ C~ntralia Fir~ ~tat~on, which will be receiving $214,300 in FY97 Cemmunlty Development Block GranL fund~ and $114,1~ will b~ transferred from the Northern Area Entrance Expansion Project.) Ayes: Mr. Daniel~ Mr. ~er~er~ Mrs. ~u~phrey~ and ~r. ~sHale. Absent: ~r. Warren. This day the County Environmental Engineer, in accordance with dire~tion~ from this ~oard, made report in writing upon hi~ e×an~nat~an of the road~ in A~cet Forest and portions of Whereas, the Resident ~ngineer for the Virginia Department of Engineering~ the street (s) in Ascot Forest and portions of requirements established by the Zubdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all ~tormwater detention/retention facilities in the Coun=y. ThereXers, u~on consideration whereof, and on motion uf ]ir. in Ascot ~srest and portions cf Hemline Rsa=h and Ascot mslnte, And be it furtker resolve~, that %he Virginia Depar%men~ of the following: To: Kinga~ate Read, S=at~ Rou~e 447, Guarunteed Right-of-Way Width: §0 feet. Wrom: ~eathstead Road, 0.05 mile north To: ~nd of permanent cul-de-sac, 0.19 mile Guaranteed Right-of-Way Width: ~0 Seat. 96--515 ~ame of ~treet: 01d Cheshire Lane Length: 0.O3'mils Fr6m: Kingstrsa~ Lane, 0.09 mile east of ' ~eathst~ad To: Old Cheshire Lane, State Route 4472, 0.O~ mile south of ol~ Cheshire Drive, State Route 4470 Guaranteed Right-of-Way Width: $0 feet. Name of gtremt: Royal Mews Ceu:t Length: From: Kingstream Lane, 0.14 mile east of Heathstead Read TO: E~d Of permanent cul-de-mac, 0.07 mile north, of Kin~stream Lane Guaranteed Right-of-Way Width: 40 feet. This request i~ inclusive of the adjauent slcpm, sigh~ d~stanom, clear zone and designated Virginia Department of Transportation drainage easements indicated on the developmen~ This section of Ascot Forest is recorded as follo~s: Plat ~ook $0, Pages $5 and 87, April 7, This section Of Hamlina Rea=h ie recorded as follows: Plat ~cuk 64, Page 8~, January 4, 1989. This ~ection of Ascot Poinne is re~orded as follows: Plat Book ~9, Page 21, November 9~ 1987. This day the County Environmental Engineer, in accordance direstions from this Board, made ~pO~t in writing upon his examination o~ the road ~n Bn~lsy, Section ~6, Clev~r Hill District~ and ~hereas, the Resident ~nginesr for the Virginia Depa~t~¢n~ of Transportat~sn ha~ advised the Director of Environmental Engineering, the =tre~t fn ~exl~y, Section 16, Clov~r Hill Pi=trio=, ~est~ th~ r~quirements established by the Sub~ivision Stree~Re~uirements of the Virginia Depar~nen~ of TrunsDor~aticn, and Whereas, th~ County and the Virginia Department of Book 2453, Pa~e 405~ January ~1, 1994, for all stormwater detentioB/retention facilitlms in the County. Mc~ale, ~econded byMr. 8arb%r, it i~ ~eSOlved that the roa~ ~exley, Section 16, Clover H~ll District, b~ and it hereby ~s~ablished as a public road. ~d be it f~rther resolved, that the Virginia Department Transportation, be and is hereby r~e~=ed ~o ~ake into ~e Secondary System~ pursuant to Section 3~3.1-~29, Code of virginia, and thm Departmen='~ Subdivi~ion Stre~ Requirements, the following: ~ame of Street: Ashcroft Way L~hgth: O.O~ nile From: Ashuroft Way, 0.08 ~ile ~or~hwest of Walhala Drive End of pe~anent cul-de-sac, 0.11 mi~e northwest of ~alhala Drive G~aranteed Right-of-Way Width: 50 feet. 96-516 This request is inclusive of the adjacent slope, sight distance, clear zone and designated Virginiu Depurtm=nt of Transportation drainage easements indicated on the development plat. ]yh~e road ~rv~ 4 ~is section c~ ~exley is recorded as follows: Section 16, Plat 'Book 76, Page 51, September 1~, 1991. Ayes : ~r. Danlel, Mr. Barber, ~rs. Numphrey, and Fir. Mc~ale. This day the County Environmental ~nqineer, in accordance with directions from this Board, made report in writing ~po~ examination of the roads in ~exley, Section ~5, Clover Hill District; and Wherea~, the Resident E~gi~e~ fo~ the Virginia Department of Transportation has advised the Director of Bnvlronmental Engineering, the ~treet (s) in sexley, section 15, Clover Will Street R~cuirements of the Virginiu Du~artment of T~anspo~tation, Whereas, the County and the Virginia Department of Transportation have entered into an agreement, record=d in Deed ~uok 24~3, ~aqe 405, January 21, 1994, fo~ all stormwater dstention/r~tention facilitie~ in the County. Therefore, upon consideration whereof, and o~ motion cf Mr. McKal~, seconded ~y Mr. Bar,er, i~ is resolved that ~he in Bexley, Section 15, Clover Hill District, be and they are established as publia roads. ~d b~ i~ ~ur~er resolv~, ~ha~ %h~ virginia Dgpartmen~ of Transportation, be and is h~reby requested to take into thc Virginia, and the Departm~nt'm Subdivision ~treet R~irem~t~, the following: Name of Street: Walhala Drive Length: 0,14 mile From: ~xinting Walhala Drive, ~tat~ Rout~ 2637~ 0.09 mile east Of Ransgate Lane~ End of petuuanent eul-de-sac~ 0.2~ mile east of Ra~sgate Lane, state Reute 263S Guaranteed Right-of-Way Width: 60 feet. N~m~ of S~reet: Ashercft Way From: Walhala Drlve~ 0.13 mile east of Ramegate Lane, ~tate Route 2635 0.08 mile northwest of Wslhala Drive Guaranteed RiqhtJof-Way Width: 50 feet. Wa~e of ~tr~et: walhala From: Walha~a Drive, 0.19 mil~ ~ant of northwest of Walhala D~ive ~uarantee~ ~ight-of-way width: 90 feet. L~gth: 0.0~ milo Length: 0,04 mile 96~517 This request is inclusive of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transportation ~rainage easements indicat~ un the development pl~t. Thi~ Section of Bexlsy i~ recorded as follows: Section 15, Plat Book 76, page 50, ~eptember 16, 1991. Ayes : ~r. Daniel, Mr. Barber, Mrs. Humphrey, and Mr. MeHa!e. Absent: F~. Warren. SCHOOL On motion of Ftc. McHale, seconded by Mr. Barber, the Board aq~horized the county Adminie=rator to execu=e a con~raet with Brooks and Company, in the amount of $411,700, f~r the eonst~ueti0n of rest~es~/e0ncession facilities a~ W~rbro Athl~ti~ complex and ~anche~t~r High School and transferred fund~, ~n the amount of $180,000, from the Capital Keserve to the County Capital Project Fund, to fully fund th~ project. Ayes: Mr. Da~iet, Mr. Barber~ Mrs. Humphrey, andMr. NcHale. Absent: Mr. Warren. CBESTERFI~LD COUNTY On motion of ~r. ~c~ale, seconded by Mr. Barber~ the Board authorized the Police Department to a~ply for a O~e year federal COPS grant, in the amount cf $96,510, to analyze and problem ~clve rcbberiez in chestsrfield county. (It is noted that approval of thi~ grant application by the grantor will constitute an appropriation of u~ to $96~510. There is no local match required.) Ayes: ~r. Daniel, ~r. ~axbsr, PLr~. Humphrey, an~r. ~cHale. Absent: ~. Wa~en. PILOT APSE& COUNSELING PROGRAH FO~ TH~ ~OLICE DEPARTMENT OD ~otion of F~. MoHnle, ~econdsd by ~r. Ba~bsr, t~ Board a~thorized the Police Departmen~ ~e apply for a one year f~deral grant, in the amount of $4~,950, to pilot a peer counseling program for the Police Department. (It is noted that approval of ~hi$ grant applicatio~ by the grantor will constitute an a~ro~riatisn of up to $41r95Q. The local m~teh will be provided as in kind sergic~s and will, therefore, ~res~nt nO n~w cost to t-ha County.) Ayes; Mr. Daniel, Mr, Barber, Mrs. Humphrey, and Mr. McHale. Abnent: '~r. Warren. 96-518 S.B.11.C. TO ~.E USED FOR I.,~.W EI. IFORCEPiERT FUD. PQSES On motion 'of Mr. McHale, sesonded by Mr. Barber, the Board authorized the Police Departnent to apply for a federal block grant, in the amount of $70j617, available through the U.S. (It is noted that the local match is ten percent or $7,846 and will be absorbed within the Police Department. ~pprsval of this grant application by the grantor will constitute ~n appropriation of up to $70,617.) Ayes: Mr. Daniel, Nr. Barber, Mrs. Humphrey, an~ Mr. MoHale. REOUESTS FOR PERMISSION FROM PINKIE R. PORBMkN TO INSTALL WATER ~ERVICE FOR A~ EXISTING RESIDENCE OFF EPJ~NDYWI~E On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a raqu~s= from Pinkie R. foreman to ins=all a water service within a private water easement to serve a ~recordatlon of an agreement acceptable to the County Attorney. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes~ F~r. Daniel, Mr, Barber, ~rs, Humphrey, and Mr. McCall. 8.E.lI.b. FROM F,S. M~RGUERITE F. ¢XRZSTZM~TO ZN~TALL A WATER SERVICE FOR AN EXISTIN~ RESIDENCE OFF On motion of Mr. McHals, seconded by ~r. Barber, the Beard approved a request fro~ Ms. Marguerite F. Christian to extond a 9riYa=e water ~ervise within a ~rivate water easement to serve a residence off Brand,wine Avenue, ~ubject to the County Atto=ney. (It i~ noted a copy of ~¢ plat i~.filed with the ~apers of this Bu~rd.) Ayes: Mr. Daniel, Mr. Bar,er, ~s. ~umphrey, and Mr. ~cHale. 0~ ~otion u£ ~r. McHale, ~acon~ed by Mr. ~arber, the board construct a ~i~ewalk an~ concrete curb and gutts~ within a of a lioen~e agreement. {It is noted a copy of the vicinity sketch is filed with the paper~ of this Board.} Ayes: Mr. Daniel, ~tr. Barber, ~rs. Humphrey, an~ ~. ~c~ale. 96--519 9..B.~L2.d. PROM..MR.....ANDMRS. G~d~VEL DRETEWAY WITEE~_.AN EXISTING TWENTY FOOT D~INA~ Con,tact a g~avel ~iveway ~ithin agreement. (It is noted a copy of ~e v~cin~ty ~ketch i~ filed with ~e papers ~ this Aymm: Mr. Daniel, Mr. B~rber, MT~. ~umphr~y~ and Mr. ~c~ale. S.E.12.e, FROM TEE OLD COUNTY BIFFFBT TO CONETRU~T A CONCRETE P~DWITHIN~NEXISTT~_Fj~RIABLE WIDTH WATER~EMENT AND PROPOSED S~ ~S~E~ On motion of ~. McHala, ~onded by Mr. Barber, tha Board concre=e pad wi~in ~n existin~ variable width w~te~ easement license a~eement. (It is noted a aopy of the vicinity sket~ 8.B.12.f. ~R0~ VIRGINIA POWER TO CONSTRUCT OVERHEAD D~DICATED TO THE CODNTY OP ~HESTER~IBLD On motion of ~r. ~¢Hal~, saoonded by Mr. Barber~ the Board approved a request f~om Virginia Power to cpnstruct overhead Dower Iinem w~thin an e~isting fifty foot ri~ht-ef-way dedicated to thx County of Chesterfield, subject to the sxeoution os a license apreemen~. (It is noted a copy of the p%at ia filsd with the papers of this Bsard.) Ayes: Mr. Daniel, Mr. Barber, Mrs. ~umphrey~ and ~lr. M~al~. Absent: ~r. Warren. DRIVE,rAY EN~RO~CH WITHIN ~UINNFORD BOULEVARD On ~otio~ Of ~r. MoHale, seconded by M~. Barber, the Board approved a request fro~ ~s, ~ildred S. Smi~ to have an exis~ing~iveway encroach within Qui~fo~d BOUlevard, s~ject of the plat i~ filed wi~ the papers of thi~ Board.) Ayes: ~. Danial, ~r. BaYbe~, ~. H~phrey, ~nd ~. McHale. Absent; ~. Warren. BOX CULVERT R~PAIR PRO~ECT FOE GU~RDR~IL RE~L~CBMENT AND TRANSFER OF FUNDS approved a Change Order, in the amount of $29,875, to the replacement and transferred $50,000 from tho General Rsad Ay~m: Mr. Daniel, Mr. Barber, Mrs. Humphrey, and Mr. McHale. Absent: F~r. Warren. 96-520 8.B.14.a. A PORTION OF AN EXISTING ,SIXTEEN FOOT S~W~R E~SEKENT i~CI~OSS P~OPBRTY OWNED BY MR. R. EARL JOHNSON AND NS. On ~otio~ of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of supervisor~ and the Co~ty Administrator to execute a quitclaim d~ed to vacate a property of Mr. R. Earl Johnscn'and N~. Gaii W- JohDsos and authorized ~hs coun=y Administrator to execute the necessary de%d. (It is noted a copy of the plat in filed with th~ pa~er~ of ~his Boar~.~ Ayes: Fir. Daniel, Mr. Barber, Mrs. Humphrey, and Mr. MeMale. AND~ PORTION ~_.AN EXISTiN~ SIXTEEN ~OOT SEWRR EASEMENT ACROSS PROPERTY OP WAL-PIART STORES. INCORPORATED On motion of Mr. Mo~ale, seconded by Mr. Barber, t~e Board autl%orized the Chairman of th~ Boa~d of Supervisors and the County Admlni~tratsr to ~x~cute a quitclaim deed ~e vacate a property of Wal-Kart Stores~ Incorporated. (It is noted a copy of the plat is filed with the 9~pers of this Boar~.) Ayes: Mr. ~ani~l, ~r. Barber~ ~_rs. Kumphrey, and Nr. MuHale. Abssn~: Mr. Warren. 8.B.~5.a. ~b$&¢zm~ TO O~KLAKE BOULEVARD ~ROK MR. WI~IAW B. DU~AL ~ MS. eEN~ H. DURAL On motion of Mr. ~cH~l~, seconded by ~r. Barber, the Doard of land containing 1.1lB acres alonq and adjacent to Oaklake authorized the County Administrator to e~ecute the necessary of this Board.) Ayes: ~. Daniel, Mr. Barber, Mrs. Numphr~y, and ~. ~sent: Mr. Warren. 8.~.15.b. ~ON~ ~ELE~TI~ L~E FROM ~. RO~ R. accepted, on b~lf of the County, th~ conveyance of three parcels -of land along Cel=~tiul Lane fr~ ~r, Rowland of this Board.) Absent: ~. Warren. B.B.15.O. FOR WELLSPRING ROAD FROM RICHMOND HOMES DEVELOPMENT. TNCOR~0R~TED On notion of l{r. Morale, ~econded by Mr. B~rber, tile Board aucepted, on behalf of the County, the conveyance of a paroel of land containiDg 5.44 acres for W~llspring Road from Richmond ~omas Development, Incorporated, e Virqinia Corperatioh, and authorized the County Administrator tO execute the necessary deed. (It is noted a copy of the plat is filed with the papers of thi~ Boar~,) Ayes; Nr. Daniel, Mr. Barber, Mrs. Humphrey, and Mr. McHala. ~sent: ~. Warren. ALONG WEST RUEDRED ROAD F~OM CLAYBROOK INSURANCE of land containing 0.0~7 acrem along West Rh/ndred Road (State dee~. (It ~ noted a cody of the plat is filed with the paper~ S~rRSHIN~_~EVELOPME~T, On mot~on of Mr. M~ale, ~econded by Mr. Barber, the Boe~d ac~epte4, on behalf of the County, the conveyance of twa parcel~ of land containing a total of 0.~43 acre~ along-Gill lo) from Sunshine Development, L,L.C. and a~tho~ized tho County A~ministrator to execute the necessary deed. (It is noted a copy of the ~lat is filed wit~ t~e papers of this Board.) Ayes: Mr. Daniel~ Mr. Barber, Mrs. Humphrey, and Mr. McCall. Absent: ~r. Warren. 8.B,lS,f. ~LON~ POW~TE P~K~AY AND COALFIELD RO~D FROK IDLEW00D ~OPE~TIE~. 0n motion of ~. McHale, seconde~ by Mr. ~arber, the Board acc%pted, o~ behalf of the Co~ty, t~e o0~veyance of two a~d Coalfield Read f~om Idlewood Proper~ie=, Incorporated add authoriaed ~a County Aominis%ra%0r %o ex~u~e the necessary deed. (It i~ noted a copy of th~ plat i~ filed with th~ papers 0f this Board.) Ayes= ~. Daniel~ ~r. Ba~be~, ~s. H~m~hrey, ~nd ~. Absent: Mr. Warren. 0X ~otien Of Mr. MoHalk, seuundsd by Mr. Barber, tho Board approved a Memorandum of Under,tending with Powhatan County for the purchase Q£ water uapacity and sewer ~ervio~. (It is noted a copy of the Memorandum of Understanding ~ filed with the papers of this Board.) Ayes: Mr. Daniel, Mr. Barber, F~rs. Hu~phrey, and Mr. McKale. Absent: Mr. Warren. On motion of Mr. ~cHale, seconded by Mr. Barber, the Board approYe~ the purchase of two parcels[ cf land containing 7. 344 of $95~000 plus ols~ing and acquisition costs, lying north of Little Creek Lane and adjaoent ~e the MeadowDrooK Hig~ school contract and d~d an~ transfer $97,000 from the school Ca~ital Improvement ~Un~ for purchase eS additional property and School. (It is no,ed a copy oS the vicinity ~ketch i~ filed with the papers of this Board.) FUNDS On motion of Mr. McBale~ ~econded by ~r. ~arber, the Board appruv~d the purchase of a parcel ef lend containing 6.703 acres, more or less, in the amount of $~9,$27, lying south cf Old ~undred Road, £or a Suture elementary ~ohool and park site; appropriated park cash proffers, in the amount of $~,427, and transferred schcul Ca~ital Improvement Pro, ram Reserve f~nds to~aling $55,0~0; and authorized the County Administrator to execute the contract and deed. Ayes: Fir. Daniel, Mr. Barber, Mrs. Humphrey, end Mr. McHale. Absent: ~4r. Warren. On motion ~f Mr. McHale, seconded by Mr. Barber, the Board a~pruv~d a Sewer Contract for the Great Coastal Off-site sewer E~tension Project which projec~ includes the ~xtsnsion of 32Q contrast A~o~nt: Estimated Total $2S~,182.21 Tutul E~timated County Cost: Wa~tewater (Off-SAte) 72,479.49 ~6--523 8/2B/96 code: {R~fund thru connections) (over~izing) 5N-572V0-E4C (Refund thru connections) (Off-Site) 5N-57~VO-~4D District: Bermuda Ayes: Mr. Daniel, Mr. ~arber, Mrs. Humphrey, and Mr. McHale. Absent: Fir. Warren. 8.E.20. APPROPRIATION OF THREE CENT ROAD FUED~ B.B.20.a. MATOACA DISTRICT TO ~LrPPORT THE ~ONST~UCTION 0P ~ On motion of Mr. McHale, ~e=onded by Hr. Barber, the Board Fund, to the School Board Operating Fun~, to support the sonstruotion of a new sign at cren~haw Elementary School. Absen=: Mr. Warren. transferrsd $2o0, from the Clovsr Hill District Three Csnt Road 9urch~se an~ ~nstallatlon of four "No Parking'~ sie~s in County Right-of-way. Ayes: ~fr. Daniel, Er. Barber, ~rs. Humphrey, and Mr. NcHale. · .B.~i. ~PRovn~ CF ~¢H~SE OF LA~D FOR TMPR0V~K~NTS AT THO~ D~LR HIgH ~CHOOL O~ ~otion of M~. McHale, aeoo~d~fl by ~r. Barber, the Board approved ~he purchase of a parcel of land containing a~r~, mere or less, in th~ amount of $55,000, ly~q east of Old eentrmlla Road and n~ar th~ Thoman Dale High School Complex~ for improvements a= Thomas Dale High School, from Dorothy ~. chewninq an~ au=horized the county A~inim~rator execute th~ de~d. (It i~ ~oted a Copy of the vicinity sketch is filed with the papas of ~his Board.} Ayem: ~. Daniel, Mr. Barber, Mrs. Humphrey, and Mr. receive t~e resolution. on ~o~ion of =hs Board, ~he following resolution wa~ adopted: WH~RF~AS, Mr. John E. Tye has faithfully served the Cho~t~rfie14 County Department of Seal Estate Assessments for eighteen years; and W~EREAM~ by p~ovidiag quality p~blio service, Mr. Ty~ has s!aubolized the ty~e o~ employee ~esterfield County seeks; and the real estate asmemsment profession; and 96-524 ' I ;r r 7 3. -- WHEREAS, Mr. Tye has been extremely effective in working with all groups, including ~he Virginia Association of Assessing Officers and the International Associatiom of Assessing o£ficsrs; and WHeReAS, Hr. Tye ~isplays~ a uarlng at:~tude tewsrd all of his customers and coworkers, often going out of his way to help those in need and demonstrated excellent tea~wsr~ eRills by always being available to assist his ccworker=; and W~ER~Z, Mr. Tye hA~ demons%rated his loyalty to Chesterfield County through hi~ dedication and caring attltud~. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board cf Supervisors publicly recognizes the outstanding contributions of M~. John E. Tye, e×presse~ the appreciation of all re~ident~ for hi~ servi~e to the County and extends their appreciation for hi~ 0edicAted service to the county, their congratulations upon his retirement, and their best wlshss far a long and ~appy r~ti~ement. AND~ BE IT FURTHER RESOLVED~ that a copy of this re~olutien be presented'to F~r. Tye and th== this resolution be permanently recorded among the papers Of this Boar~ of S~p=rvi~urs of Chesterfield County, Virginia. Ayes: ~r. Daniel, ~r. Barber,-~rs. Humphrey, and ~=. ~cHaie. Absent: Mr. Warren. Mr. R~msey presented the executed resolution to Mr. Tye, accompanied by Hr. Paul Patton, expressed spprss{ation ~sr his dedicated s~rvice to the County, and wished him well in his retirement. Mr. Tye ~xpressed appreciation for the recognition and for the opportunity to work fo~ Chesterfield County. 0 CLAIM OF FORTER~A CORPO~U%TIO~R~AR~IN~ CONSTRUCTION OP ~r+ Mincks stated in 1993, the County contracted with Eorterra Corporation, e Vir~inin Beach construction company, to build the Clover Hill Library (then known a~ the ~e~t Branch Library). He further ~tated the o~iginal contract pri~e $1.47 million, but approved change orders for the project increased the sset to approximately $1.5 ~ill~on. He ~tated th~ Library was completed in June, ~99~ ~e~eral ~onthe after ~he scheduled completion date~ primarily due to the management of the project, by Fort,rrA. He further stated that in Kay, 1994, Ferterra advised County staff that ~t was ~ubm~tt~ng a claim fo~ $?§,000 in additien~l compensation on the project. He stated Fortsrra did not mtate a legitimate factual basis for th~ claim A~d di~ nec provide ~taff with sufficient documents to substantiate the claim. Re further stated since that time Forterra has change~ ~he ~meunt of its claim several times, to its present amount of $372,855.36. He stated in July, 1996 Forterra, for tbs first time, previde~ staff with the ~o~u~e~tation which allegedly forms ~he basis cf its claim. He further stated staff's review of Forterra~s clalm establishes ~at it ~aS ~O £aetuel or legal basis an~ that the numerous claims submitted byForterra are either factually groundless or or nut legally permitted by the contract or Virginia law. He state~ s=aff recommends the Bear~ of Supervisors d~ny the claim ~ member of Forterra Corporation, who was present at the meeting to present the olsim on behalf of Forterra Corporation. KS. Farinholt stated she was the final project manager on thi~ project and that Forterra is ~urrantly trying to work out, in good faith, a ~ettlement with Chesterfield Coenty regarding regarding this claim and requested the Board's cooperation in reviewing any information forwarded in the future. on notion of F~r. Daniel, sesonded by M~. MCHale, the Board denied the claim of Forherra Corporation, in tho amount of $372,885.36. Ayes: Mr. Daniel, Mr. Barber, Mrs- Fu~phrey, a~d Mr. McHale. ~.b~ent~ Fir. Warren. 10. REPORTS On motion of Mr. ~c~alo, ~conded by M~. Barber, the Board aooepted th~ following reports: ~ro~¢t~; Di~triot Road and Street Light Funds; and Leasa S~ate Secondary System: Route 4824 (St=phons Point Drive) - From Route Route 978 (Michaux Creek Place) - Fron Route Route 979 (Mich~ux Ridge Court) - From Route RoUte 977 (Hiohaux view Way) - From 5.03 mile ~erth Route 976 te 0.12 mile ~orthwe~t 96-526 ~t~at96 On motion of Mr. MoHale, seconded by Mr', D~rber, the Board went of Virginia, I95~, as Amended, to Discuss the Acqui~£tion of Area and Other Public Purposes. Reconvsning: On motion of Mr. McHale, seconded by F~C. Barber~ the Board adopted the following resolution: WHEREAS, the ~eard of ru~er¥isors has this day adjourned into Executive Session in accordanc~ with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Informution ACt; and WHEREAS, thc Virginia Yraedum of Information ACt effective July 1, 19a9 provides £or Cer=i£iaation that such Executive Session wa~ conducted in conformity with luw. NOW, THEREFORE BE IT RESOLVED, the Board of su~e~visor~ i) only public business matters lawfully ex~pted f~ open discussed in the Executive Session to which this certificaSion aDpl~m, and i~ th~ NotXo~ by whx~h ~e ~x~cutive S~on wa~ convened heard~ discussed~ or considered by the Board. ~o dissents from this certification. Vote: Unanimous The Board bring ~olled, th~ vo~ wa~ a~ Ayes: Mr- Ayes: ~rs. ~um~hrey. Ayes: Mr. Daniel. On motion of Mr. Mc~ale, ~econded by Mr. Barber, the Board reo~ed to the AdJ~iDi~trati~n Building, Roo~ 50~, for dinner. Absent: Mr. Warren. Reconvening: 96-527 gpve the invcsutlon. Members cf soy scout Troops 877 an~ 927 led the Pledge of Allegiance to the Flag of the United States of A~erica. "Chesterfimld County has worked with several public and private area of over 860 plus acres adjacent to the Henricms ~ark on Virginia Power, Virginia State Di¥isiun of Games and Inland historioally significant sites in the nation, having been Jamestown. The ara~ also contain~ e ~ich history from the additional protection for the abundant wildli£o, us well as to providu additional public access to the ~ames River for outdoor recreational activities. We now have the o~Dortunity to Wildlife ~e4sral Grunt and with =he held of our several grunt £un~ing is previ~e~ we will Be able to accomplish this to allow for the amendment of the agenda to allow for a paper to be introduced. ~a further stated th~ title of th~ paper is to ~e= a public hearing for appropriation of anticipated grant suspended its rules at thi~ t~m~ to amend the Agenda to u~d an Ayes: Mr. D~niel, ~r. Barber, ~rs. Humphrey, and Mr. year and =he community has como tu~othar in an effort to maks th~ project possible. ~e f~rth~r Stated the Board has been su~urtiYe in bringing this project forward. this project including Mr. Phillip Lownes, ~ssist~nt CbXef ,of the Lands and Engineering Division wi%h =he Department o~-Game Mr. Lowne~ ~at~d they are happy to b~ a Dart this partnership this is a unique opportunity to blend public and private partnerships together. 96-52~ Mr. ~az~l mtat~d that they are very pleased this pro,eot is Being made possible and that it isa great opportunity to show how the b~ein~ =o~u~nity Can work with local and State Mr. Dunkan ~tated that it has been a pleasure to work sn =hi= project. CONTRACT On motion of Hr. McHale, seconded by M_rs. Humphrey, the Board set the date of September 11, 1996 at 7:00 p.m. for a public hearing tu Consider apprupriation of anticipated grant funds, donationz, and othe~ ~ouroez for t~e purchase of property a~ja¢~nt to aenricus Historical ~ark an~ authorized tho County Administrator ts execute a real estate purchase sontract. Ayes: Hr. Daniel, Mr. Barber~ ~Irs. Humpbrey~ and Mr. MoHale. Absent: ~r. Warren. CHESTERFIELD COUNTY M~. McLaren introduced ~. Ian Torrance, ICI sits Manager, who wa5 present to receive the resolutlcn. On motion of the Board, the following resolution was adopted: ~EREAS, Mr. Ian Torrance has served three years as Site Manager for ICI Americas, Incorporated where he has performed admirably, on behalf of ICI and hi~ com/~unity, and will be leaving the Chesterfield site to accept a promotion as Global Safety, ~ealth, E~vironm~ntal and MaDufacturing Network Manager for ICI Poly~:~rs ba~ed in Wilton, England; and ~ER~8, under Mr. Torrance's leadership~ Ici Americas has initiated an Annual Open House for citizens, customers, government official~ and other~ to visit and to~ the ICI ben,fit of all; and WEER~S, ~. Torrance has been a faithful and active participant in the D~partment of. ~conomic Dev~lo~nt'~ ~aTte~Iy Existing Industry Breakfast~ from which group he helped initiate a Zafety Co~ittee to se~e a~ a for~ for the major industries to share ideas and solutions on co,on ~eart A~o~i~tion, and United W~y, as well a~ ~erg~cy ~ervices~ particularly through t~e Enon Voluntee~ Fire Department and ~e Bentley-Bermuda EHS; and ~ER~S, through ~. Torran~'~ t~ad~r~hip~ TOT ha~ sponsored environmental awareness education for students often Elementary School; actively participated in ~e Che~terfleld County R~verfront Plan; and ~uppor~ed the ~eation of the Virginia Co~onwealth University School of Engineering. N0~, THEREFORE BE IT ~SOLVED, that the Chesterfield County ~oard of Supervisors her~ reo~nize$ Mr. Ian TOrrance, on behalf of staff and citizens of ~esterfield County, as an 95-529 b~st ~i~he~ to him and hi~ family a~ he undertakes his newly expanded rolo with ICI. AND, B= IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Torrance and that thls resolution ~o permanently rocordsd among the paper~ of ~his Board of Supervisors of Chesterfield County, Virginia. Ayes; Mr. Dani~i, ~r. Barber, Mrs. Humphrey, and H~. McHale. expressed appreciation for his contributions to Ches~erfinld County, and wished hi~ well i~ his new position with ICI. the County's continued support of ICI. Be stated ICI values its asuociution with Ch=sterfield County. and requested the Beard to adopt ~he resolution at this time. Ee noted ~taff will be contacting Mr. Zchoening to reechedule him for another meeting or ~o forward the resolution to him. On notion of the Board~ ~he following ~eselution was adopted: William D. ~oyce on February 8, l~10; and W~REA$, the ~cy ~ceuts of America was founded to promote citizenship training, personal development, and fitness of individuals; and W~ER~A$, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a ~or~ice project beneficial to his oo~nunity~ being active in t~e t~oop, demonstrating Scout spirit, and living up to the Scout Oath and Law; an~ Saint Mark's Unit=d ~ethodist Church, has accomplished those o£ those individuals entering tho scouting movement; and W~ER~AS, growing through hie sx~erience~ in scouting, himself cn nhe great accomplishments of ni~ County, Laymen is of whom we can all bo very proud. County ~oard of Supervisors hereby extends its congratulations to Mr. Laymen Sshoening and acknowledges the good fortun~ of the Ayes: Mr. Daniel, Mr. Barber, Mrs. Humphrey, and Mr. MeHale. 96-530 Hr. Micas stated this date and time ha~ been advertised for a public hearing to consider an agreement subordinating the r~v~rsisn clause in the deed from the County of chesterfield and ~he Che~te~fleld Health Center Co~is~ien which conveyed the flnanc~ng. HO f~rther stated in 1992, the Board conveyed the Nursing Home to the Chesterfield ~aalth Center Commission. ~e stated in that conveyance, the deed contained a reversion olan~a that stated if the property was ever used for something et. her t~an a Nursing Hom~ facility it WOUld ~Vert tO th~ COquetS. H~ stated $inc~ 19~$, the Co~ission has been working on an e~an~ion plan for a new and e~andcd Nursing Home and now with the partnership of Tolu~ia/~, ~roug~ borrowing from ~e Department of Housing and Urban Development (~D), the Co~ission i$ prepared to borrow ~e funds necessary ~o e~and and renovate the ~rsing Home. Me further stated that as ~art of that financing, ~D has indicated that ~ ~tipulation of th~ existing deed, ~e~i~in~ ~at upon foreclosure the p~operty be Boa~d before they would issue the debt. He stated if this paper eliminate the Opportunity that upon foreclosure the prope~y would continue to have =o ba u~ed for a heal~ care facili=y. No one cam~ forward to ~pesk in favor of or against this issue. On no=ion of ~. Barber, seconded by ~. Daniel, ~e Board amended an agreement subordinatin~ ~ r%ver~ion clau~e in~e dee0 from the County of Chesterfield andre Chesterfield H~al~ Center co~is~ion which conv~yed the Lucy Corr ~ing E~e to ~e proposed Nursing Home expansion flnancin~. Aye=: ~. Dmnlml~ ~. Barber~ Mrs. ~phrey~ and Mr. Mc~ale. Aborn=: ~. Warren. Mr. Micas stated this date and t~me has been advertised to con~der authorizing th~ exao~tion of a ~eed of Correction to reflect the correct legal sane of the Mealth Center Commission of Chesterfield County. He f~rther stated this paper would correct the deed from the County te the Health Center Commlss~an and reflect the proper name which is the "Health Center Commission for the County of Chesterfield." ~o one came forward to speak in favor of or against this issue. On no=ion of M~. Barber, seconded by Mr. MoHale, the Beard ~thorized the execution and recordation of a Deed of Correction to reflect the Health Center C~mmission's Legal name which is the "~ealth. Center Co~i~io~ for ~he County o~ chesterfield." Ayes: Mr. Daniel, ~r. Barber, FJs. Humphrey~ an~ ~r. Me, ale. Absent: Mr. Warren. 15.C. TO CONSIDER i%N ORDINANCE TO ~ACATE LOTS IN BLOCK ~ OB~IL Mr. Harmon staked this 0ate and time has been advertised to consider an ordinance to vacate lots in Block 3, Quail Oaks subdivision, sec=ion 1. No one came ~orward to sDsa~ in favor' ef or against this ordinance. On motion o~ ~4r. McHale, seconded by Mr. ~arbe~, the Board ado~tcd the followi~q AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates %o ~ANS¥ HARVEY HIGH, ("GRA~T~="), Lots 1- 5, 7-14 and a portion of Lot 6, Block 3, within Quail Oaks Subdivision, Section 1, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the circuit Court Chesterfield COUnty ih Plat Book 8, ~t P~ge 45. WHEREAS, OLIVER D. RUDY, petitioned the Board of Supervisors of chesterfield County~ Virginia to vacate Lots 1-5, 7-14 and a portion of Lot 6, Block 3, within Quail Oaks Subdivision, ~ction 1, ~E~LMUDA ~agisterial District~ Chesterfield County, ~irginia more particularly sho~n on a plat of record in the Clerk's office of the circuit Cou~t of said County in ~lat Book ~, Page d6, dated JU~E, 19~. Th~ portion of Block 3 petitioned =o be vacated are moro fully doscrlbed as £011cw~: Lots 1-~, 7-14 and a portion Of Lot 6, Block $, within Quail Oaks Subdlv~sion, Section 1, the location of which i~ more fully ~how~ un a plat by JORD~d~ CONSULTING ~NGI~RS, P.C., dated F~I~CH 1, 1996, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the.Code of Virginia, 1950, as amended, by advertising; and, WHEEEA$, no public necessity exists for the of the aforesaid portion of Quail Oaks Subdivision, Section 1 sought to be vacated and the vacation will not abridge ~ights of any · NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: .. That pursuant to Section lS.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid portion of Quail Oaks Subdivision, Suction i be and is heruby vasakud. GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a 10' easement across the portion of the lots being vacated which abutt Oarlock Rosd~ Quail Oaks Avenue~ and Egee Drive, as shown on th~ attached plat. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(D) of ~e Code of Virginia, 1950, as amended, and a certified oopy of this Ordinance, together with the plat attached hereto shall be recorded no ~oon~r than thirty days hereafter in the Clerk's Office of the Circuit Court of Chestorfield County, Virginia pursuant to The e~ect of this ordinance pursuant to Section'!D.1-48~ is to destroy the fOrCe and effect of the ~ecording of the portion OS the plat vacated. This Ordinance stall vest fee slm~le title to the lots hereby vacated in the underlying 96-532 owner~, within Quail o~k~ Su54ivision, Section 1, free a~d Clear of any rights of public uos. Accordingly, thio ordinance shall be indexed in the names of the COUNTY OF CHeSTerFIeLD as GRANTOR, and PA~$Y HARV~Z HIGH, or her successors in titlei as GRANTEE. Ayes: Mr. Daniel, Mr. Barber, Plrs. Nump~n~ey, and M~. McWale. ~ment: Mr. Warren. ~5,.D. TO CONSIDER AN ORDINANCE TO V~ATE ~ PORTION OF ~%= ~TREET WITHIN ~A~T CNE~T~R BU~DIVI~ION landowner requesting that their application to vacate a portion of ~ae S~rse~ ~s withdrawn. No one cane foTward to opeak in favor of or against the withdrawal. On motion of Mr. McHale, seconded by ~r. Barber, the Boar4 accepted the withdrawal of the public hearing to co~ider an ordinance to vacate a portion of ~ae Street within East Chester s~bdivision. Ayes: ~Lr, Daniel, M~. Barber, ~rs. Humphrey, and Mr. McHale. Absent; ~r. Warren. · 5.S. TO CONSIDER ~/q ORDIN~/~CE TO V~C~T~,,~ ,PORTION O~ LINDE~ L~ WITHIN POCOSHOBK HILL~ ~BBDIVISION ~r. Harmon stated this date and time has been ~dv~rti~ed to co~ider an ordi~nc= to vacate u portion of Linden Lane within Pocosheck Hill= Subdivision. ~o one came forward to speak in ~avor ef or against this ordinance. On ~otio~ uf Mr. Barber, ~econded by ~4r. Nc~ale, ~e Board a~op=ed the following ~ 0RDIN~C~ whereby ~e COUNTY dP CHESTERFIELD, VIRGINIA, ("G~TOR") vacates to C~IE B. JOHNSON of ~inden Lane adjacent %0 and north of Lot 15~ Pocoshock Hills S~bdivi~ion, C~VER HILL Magisterial District, Chesterfield County, virginia, as sho~ on a pta~ thereof duly recorded t~e Cle~'u office cf the Circuit COUrt Of Ches~rfiel~ County ~AS, JU~ITA $, DAVIS, ~e~itioned =he Board of Of Linden Lane, adjacent to an~ north of s~ivision, C~VER HI~ Nagisterial District, Chest~f~eld cowry, virginia more pa~=iQularly shown on th~ Cle~ office of the Circuit Co~t of said County in Plat ~QQk S, Pages 25 an~ 26, dated J~E ~, 1941, T~e portion of ~ight of way petitioned to be vacated is follows: A portion of Linden Lan~, adjaoent to and ~or~ of Lot 15, Pocoshock Hill~ Subdivision, ~e location of which i~ more fully shown on ~e above mentioned plat, a copy of whfch 96-533 WHEREAS, notice has been given pursuant to Section 15.1- 4~1 of the Code of Virqinia, 1950, as amended, by advertising; of the right of way sought to be vacated. That pursuant to 'Sect±on 15.1-482(b) of the Code of way be and is hereby vacated. This ordinance ~hall be in full force and effect in accordance with section 15.1-482(b) of the Code of Virginia, 1950, ag amended, and a certified copy of this Ordinance, together with ~he plat attached hereto sh~ll be recorded no seo~e~ than thirty days hereafter in th~ Cl~rk's 0friGo of the circe±= Cour~ os C~oster£iel~ County, Virginia pursuant to simple title of the right of way hereby vacated in the property owner of the abutting lot within Rose,hock Bill Subdivision, free and clear of any rights of publio use. since the portion of Linden Lane hereby vacated i= located On ~he periphery of the aforementioned recorded subdivision plat~ this 0~dinance shell vest fr~e simple title in th~ entire width of the portion of Linden Lane bein~ vacated in the owner of the lot within Poooshoek ~ills Subdivision. Accordlngly, ~hls ordinance shall be indexed in the names J0~N$0N, or her successors in title, as GRA~Tt~. In Midlothian Magisterial DistrAct, CLIF~O~ L. AND GLORIA J. · ~/4ST~ r~quest renewal of M~bile ~ome ~ermit ~9SR0276 to park a mobile home in a Residential (R-?) District. T~ d~nsity of this proposal i~ approximately 1.20 units per acre. The Comprehensive Plan designates the proper~y for rnsidentia~ use. This property f~snt~ t~e South line of We~tfie]d Road, approximately 88O feet east of win~erfield Road and is baster ~own a~ 14011 We~tfield Road. T~ ~ap 1~-7 (1) ~aroel 9~ Mr. Jacobsen presented a summary of case 9SSR0274 and stated staff recommends ~ppreval of the request for seven years, located in an area designated by the. Midlothian Area Co--unity Mrs. Armstead stated thc recommendation was asceptable. There 96-534 On motion of Mr. Barber, seconded by Mrs. H~mphrey, the Beard approved Case 96SR~274 for seven (7) years, subject to the following conditions: %. T~e applicant shall be the owner and occupant of the mobile home. 2. NO lot or parcel may be rented or leased for use aea mobile home site, ncr shall any mobile home be used for rental preperty, only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. 3. The minimum lot size, yard setbacks, required frent yard, and ether zening requirements of the applicabl~ zening district shall be complied with, except that no mobile home shall be located closer than 2Q feet to any existing residence. 4. No additional per~anent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall net be placed on a permanent foundation. 5. Where public (County) water and/or sewer are available, 6. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building official. This shall be done prier to the inmtallation or relocation of the mobile home. 7. Any violation of the above conditions shall be 9urounds for rewocatlon of the Mobile Home Permit. Absent: Mr. Warren. 97~N0108 In Matoaca ~agisterial District ]4RRY H~BBA~D requests a Mobile ~o~e ~ermi~ to par~ a mobil~ h~e in a Resi4ential iR-?) Distr~t. The density of thi~ 9re~e~al i~ a~ro~imately O.096 unite per a~re. The Comprehensive Plan deeignatee the property far residential use of 1 to 5 acre lots; suited for R-$8 zoning. This property fron~s the north line of ~a~oaca Road, approximately 2,900 fart north=ust of Hickory Roud, in the vicinity of 6118 M~%tcaca Road. Tax Map 173 (1} parcel 96 ~r. Jucubsen presented a s~u~ of C~e ~TSN0~08 and ~tuted sub, eot to standard conditions. H% requested ~a Board to impoEe an eighth Condition which would essentially re,ire the maintenance of a buffer Rround the mobile home site to~intain the screening for adjacent property a= development will oocur within the area. H~ sta~ed if ~i~ property wa~ agricultural and m~e~$ standard setback and zoning conditions for stickbuild house~, state law requi~es t~at the re~e~= be permitted without any review on b~half of the Board supervisors. He noted the mobile ~o~e is located in an a~ea designate4 ~ th~ Southern/western Area ~nd use Plan for residential use. Mike Kelly, Esquire, ~eD~e~enting the applicant, stated t~e r~commen~ation wa~ acceptable. There was no o~Dosiuion present. on notion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 97SN0108 for seven (7) years, ~nbjeet to the following conditions: 1. The .applicant shall be the owner and occupant of the mobile home. 2. NO tot or parcel may be r~nt~d or l~a~ed for ~oe as a mobile home site, nor shall any mobile home be used for rental property. 0sly one (1) mobile home shall be permitted to be parked sn an individual lot er parcel. 3. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of ~he applicable zoning district shall be complied with, except that no ~obile home shall be located closer then 20 feet to any existing residence. 4, NO additional pe~%~anent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on e permanent foundation. Where D~blio (County] water and/or sewer are available, they shall be used. 6. Upon being granted s Mobile Moms Permit, the applicant shall then obtain the necessary permits from the Office of the ~uildln~ O~fi=~al. Thim mhall be done prior to the installation e~ relocation of the mobile home. Any violation of the above condition~ ~hall ha qrO~ds ~or revocation o~ th~ Mobile Home P~rmit. 8. A minimum twenty (20) foot buffer shall be maintained this buffer, existing m~ture vegetation shall he preserved ~nd maintained. This con~ition zhai1 not be applioable to =he removal of dead or diseased trees. Absent: In Matoaca Magisterial District~ DAVID O. AND MARJORIE P. requested rezo~ing from Agricultural (A) to ~esi~ential IR-9) of 208.95 acres and Corporate Office (0-2) of ~99.75 acres with Conditional Use Planned Development to permit use and bulk exceptions. Residential use of ~p.to 4.84 unit~ per acre is permitted in a Residential (R-9) Distriut. The density of amendment will be controlled by zoning condition= or Ordinanc~ standards. The comprehensive Plan designa=es ~be property for zin~le family ~e~ide~tial use of 2.2 units per acre or conservation/passive recreation, and regional mixed use with density to b~ determined by development regulations. request lies on two (2) parcels totaling 408,7 ~cree. one (1) fronting approximately 720 feet on t_he south line of 01d ~undre~ Road, approximately 2,850 feet southeast of Otterdale Road! and the ~econd parcel frontinq appro×imately 4,000 feet on thewest line of Ottsrdale Road~ a~proxlmatsly 1,400 fe~t south of 01d Hundred Road. Tax Map 35 (i} Parcel 8 and Tax ~ap ~-~ Parcel 1 (fiheet~ 12 and Mr. Jacobsen stated the applicant has requested to withdrawal ~here was no Opposition present to the withdrawal. 9~-~$6 On motion of F~r~. Hunphrey~ seconded by ~r. McEale, the Board accepted the withdrawal e~ Case ~9s~0327. Ayes: Hr. Danlsi, ~r. Barher~ Nfs. Humphrey, and Mr. Ms.ale. Absent: ~r. Warren. 96~010G (AJ~ended) In Dale Magisterial District, LENA B. BIXSBH AND ROBBRT JACQUESTNE ROYALL requemt~d r~zon~ng from R~midential (R-7) to Corporat~ offioe {0-2} and Neighborhood Business (C-2). Co~unerclal u~, to include a pharmaey/~r~g store, ar~ plarn~d. The density of such a~endment will be controlled by zoning cendition~ Or Ordinance ~tandard~. Th~ Comprehensive ~lan designates the property for light commercial and office use. This request lie~ on 4.2 acres k~own as 6911 and 6955 Wal~ley Boulevard. Tax Map ~0-6 (1) Parcel~ 50 and 51 (Sheet 15). ~r. Jacobsen p~e~ented a ~u~ma~yef Cas~ 96SN0106 and sta~ed the Planning Commission and staff recommends approval and accepPance of ~e ~roffe~ed conditions. He noted the request conforms to th~ Central ~r~a ~and us~ and TransDertatio~ Plan. Le~ Sa~ders, ~squir~, representing ~he applicant, stated the reco~endation wa~ There wes someone D~e~ent to speak to the request. Mr. Daniel placed in its regular sequence on the In Bermuda Magisterial District, JAHE$ W. ~LACK~%N, ~equested rezcning from Residential (R-7) ts Ccmmunity Business (¢-~). The density s£ such amendmsnt will be controlled zoning conditions o~ Ordinance standards. The Comprehensive Plan suggests th~ property is aDpropriat~ for community approximately 70 fee~ on th~ north line of General ~eulevar~ approximately 200 fe~t w~st of Jefferson Davis Highway. Tax Map $2-13 (~) Central Park, Block ~, Lots 32 and 33 (Sheet M~. ~a~es Blackburn, Jr. stats~ the reconmendatlon was acceptable. There was no opposition present. Ayes: ~r. Daniel, Mr. Barber, Mrs. ~phrey~ and Mr. McHala. 96~N0263 requested rezo~i~g f~om Community Bu~in¢~ (C-3) to General B~iness (u-5}. The density of su~ amendment will he controlled by Soning conditions or Ordinanc~ standards. The comprehensive Plan B~e~s the property ia s~DrsDriate for regional mixed uss. This request lies on ~.~ acres known as ~11 Jefferson Davis Highway. Tax Ma9 82-13 (3] Rosalie, Lot 64 (Sheet ~3). Mr. Jaco~son presented a summary cf Case 96SN0263 and stated the Planning Commission and staff recommends approval and acceptance of ~hn proffered conditions, He noted the request conforms the Jefferson Davis Biqhwa¥ Corridor Pl_an~ Mr. James Blackburn, ar. stated ~he recommendation was acceptable. There was no opposition p~esent.. On notion of Mr. McHale, seconded by M~. Barber, the Board approved Case 965N026~ and accepted the following proffered conditions: 1. Public wastawater shall be 2. ~rior to any site plan approval, thirty-five (55) feet of right-of-way sn the north side cf Reymct Road! measured fro~ the Centerline sf that part of Reymet Road immediately adjacent to the Property~ shall be dedicated, fr~e und unrestricted, to an4 for the benefit of Chester=ield Coun=y. ~rior tu any site pla~ approval, si~ty I60) feet of right-of-way on the east side ~f Route. 1/~0~, measured from the centerline nf that part of Route 1/~01 immediately adjacent to the ~roperty, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 4. Prior to the issuance of an occupancy permit fo~ any in traffic abov~ the traffic generated by the current Department, access to Rsymot Road and Route 1/~01 shall be limited to one (1) entrance/exit for each roadway. The exact location of these accesses shall ~e approved by th~ Transportation Department. Ayes: Mr. Daniel, Mr. Barber~ Mrs, Humphrey, and Mr. McHal~. Absent: .Mr. Warren. In ~idlothian Magisterial District, ~15 LIMITZD PARTNERSHIP requested re~oninq from Agricultural (A} and Residential to ~eigh~srnood ~u~inss~ (C-~). The density of such amendment will be controlled by zoning conditions or Ordinance ~tandard~, The comprehensive Plan sugge~t~ t/~e property is appropriate for village shopping district use. This request lies on l.l acres known as 1115 Crowder Drive. Tax MaD 15-12 (1) Paresis 6 and 98 (Sheet 7). Mr. Jacobson presented a ~un~nary of Ca~$ 96SN0264 and stated the Planning commission and staff recommends approval and acceptance of the proffered cendition~. ~e noted the request conforms to the Mldlcthian Ara~ Community Plan, Mr; ~att Farris~ rep~esenting the applicant, stated the recommendation was acceptable. There was no opposition present. On motion of F~r. Barber, s~conded by Mr. McHale% the' Board approved Case 96SNQ]64 and accepted the following p~offe~ed conditio~m: I. At such time =~ additions are made to t~e existing building located on Tax Map ~5-12 (1) Parcel 6 Crowder Dive) and/or new buildings are erected en Tax MaD 15-12 (1) Parcel 6 or Parcel 98, the property owner ~hall extend a public ~aatawa~er llne ~o the alta and connec~ all existing and new buildinq$ to the public wastewater 8y25/96 9~-538 With the ~xception cf the existing houme and any associated parking smd driveway ureu, any sn-slte runoff based upon the two (2) year and ken (10) year post- development condition ~nd r=leased based on the two year and ten (10) year pre-development csndi=isn, respectively. 3. Prior to mny sits plan approval, thirty (20) feet of right of way on the east side of Crowder Drive~ measured from tho oon%erline of that part of crowder Drive i~ediately adjacent to the property, shall be dedicated, free and unrestricted, to and fcr the benefit of Chesterfield COunty. 4. Prior to the issuance of an occupancy permit, additional pavement and curb end gu~ter, as require0 by the County Tran~pertatien Department, shall be constructed along Crowder Drive for =he entire proper=y frontage. Ayes: /4r. Daniel, Mr. Barber, Mrs. Humphrey, and Mr. ~Ab~n~: Mr. Warren. :,96~0265 In ~i~lothian Magisterial District, OHZP~NH~M& JO~TON-WiLLI~ HOSPITALS# INC. r~quest=d amendment to Conditional Use (Cas~ 925N011~) %0 purmit ~arking at an existing hospital complex for an ~djacent commercial indoor/outdoor recreational use. The density of such amendment will be csntrslle~ by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the prsperty is appropriate for office use. This request lies in an A~ricultural (A) District on 2.3 acres fron=ing approximately ~0 feet on the east line of Johnston Willie Drive, also fronting approximately 3~0 feet on ~arly Settlers Read and located in the southeast quadrant of the intersection of the~e rca~s. Tax Map 17-6 (1) Part of Parcel 9 (Shes5 8). Mr. Jacobsen pre~ented ~ ~ummary of case 96s~0265 and stated the Planning Commission and staff uecom~ends approval 5ubj~ct to one oendi%ion. Gloria Frye, Esquire, representing the applicant~ stated the recommendation wam acceptablm. Th~r~ wa~ RS opposition On motion cf Mr. Barber, meco~de~ by FLr. M¢~al~, the ~oard up,raved CaBs 96SN0265 subject to the following condition: In addition te the uses permitted on the request property by the approval of Ca~ 9~$M0118, parking for commercial indoor/outdoor recreational uses mhall be pe~mitted. (NOTES: A. This condition modifies Comdition 1 of Case 9~N011S, relative %0 uses permitted on the request property. Ail conditions of zo~img approval far Case 9ZSN0118 remain in effect with the approval Ayes: ~r. Daniel, Mr. Barber, Mrs. Humphrey, and Mr. McHale. Absent: Mr. Warren. D6~0106 In Dale Nagi~terial Dietrict~ LENA B, BIXLER AND ROBERT AND JACQUELI~ ROY/%LL requested rezening from Residential (R-7) to corporate office (o-z) and NeighDor~ood Boniness (C-2). Commercial uses, to include a pharmacy/drug store, are planned. The density cf s~oh a~e~d~e~t will be controlled by zoning conditions or 0rdinanoe standards. The Comprehensive Plan designates the property for light commercial and office ~iS request lies on 4.2 ecrus knu~ as 691] ~n~ 6933 Walmsi~y Mr. Tillman Siva, an adjoining p~Operky owner, in--ired a~ to wh~ther he has any input into ~e buffering and screening; wheth~ the ~ingl~ 'family residents have to go to a public wastewater system; whether approval of ~he re,est will increase or d~creuse ~e land value; how traffic ~ill be affected on Walm~ley ~oul~var~; whether footage will ~e taken from area properties for the 4~ foot right-of-way; and whether drainage on opposed to the request, but would only l~ke %o be update4 an~ ~. Pools reviewed the traffic pattern relating to the the applicant, has agreed to mak~ road improvements, partioularly, at both of the access points; t~at t~e applicant ha= agreed to providu right-of-way along =heir ~roDerty; and that the applicant will attempt to at, ira the right-of-way if they should need property on adjacent ~n a~k~, ~r. ~cCraoken stated Mr. simms i~ in control of the ~ight-of-way in front of hi~ property. ~. Pool~ ~taT~d b~ca~se of the new development on thi~ property and the ~oten=ial for flooding downstream, the applicant has p~uffered to r=~trict th= drainage ~=t ~ns off the ~e f~er stereo the applican~ will have to limit drainage after d~valopm~nt to be equal to ~ainage prior to ~en asked, he stated the proffered condition speaks to retention an~ detention on~si~. He ~urth~r mtated thereby a need for off-sitx improvenents if the applicant doe~ not retain ~h= w~ter on-~ite. He stated the drainage on adjacent properties will be monitored through th~ Sit~ Plan R~vi~w Proce~. H~ briefly reviewed ~he process that will take place when a development plan has been's~bmitted to ~e co~ty and what adjacent property owner~ can do at t~at time. Hu ~tated if the property is $0n~d, the zoning ordinance would require fifty ~oo= buffers basically around all sides of the property und ordinmnc~ would r~aommend that any large ~ree~ be retaine~. He fur~er s~ated ~e ordinance al~o sets a oertai~ ~i~i~ n~ber of plant~ that have to be in that buffer. Me stated the buf~erlh~ i~ determined during ~e Site Plan Review Process at whi~ time ~r, Simm~ will have a chance to review theplans and development will have to connect to public water an~ ~ey have proffered to connect to public sewer. He stated the neW ~evelopment will have no impact on ~. si~s having to Mr. Randy Phelps, Senior Engineer for the Utilities Department, und ~ere is u good opportunity that they may have to extend pro~er~y and ~here will be nu retirement for ~. s~m connect to public water and mewer~ 96-540 Lea Saunder~, Esquire, stated he met with Mr. Silgo to review meeting. He farther stated the zoning application was already in progress when Mr. simms bought his home adjacent to tho property. When asked, Mr. M¢Cracken stated it may bE possible that the developer ~ay need some of Mr. Simms property for righ~-ef-way and briefly reviewed the process followed in attemptin~ to acquire the riqht-of-way. He noted Mr. simms would be compensated for his property. Mr. Daniel stated it is nice to see everyone work together in bringing abou~ a zoning request of this t~e and commended everyone involved in this request for their efforts. Mr. Daniel then made a motion, seconded by Mr. Barber, the Board .approved Case 965N0106 and accepted the following proffered condition~: 1. The public wastewater system shall be used. For any portion of the property which drains under Able Road~ onsi~e retch=ion/detention shall be employed. The retention/detention shall be designed so that the release rate shall be based upon a two-year pre-development storm and the ~torage ~hall be baaed upon a 100 year post- development storm. 3. Hotels, post offices and funeral homes or mortuaries shall not be permitted in the corporate office (O-~) tract. Direct access to Turner Road shall be limited to one (1) entrance/exit leeate~ at the southern property ~ine. Direct access to Walmsley Boulevard shall be limited to one (1) entrance/exit located a~ the western Property line. These aoces~eu shall be generally losated as shown on the Plan prepared by Balzcr and A~sociates, Inc., dated June 26, 199S~ t~tled "Revoo~ Turner Rd. & Walmsley Blvd., soh~matlo Plan.' The exact location of these accesses shall be approved by tho Tran~portati0n 5, No direct access shall De p~evided ~o LiSesey Lane. · . TO provide an adequate roadway oe~plete development, the Developer shall be respon~ibl~ for the following: (a) Construction of additional pavement along Walmsley Boulevard at the approved ncc~s~ ts provide left and right ~urn Construction of additional pavement along Turner Road et th~ spproved aacesm to provide left and right turn lanes; and (c) Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or identified above. In the event the Developer is unable to acquire the r~ght-of-way necessary ~or the improvements as described above, the Developer may request, in writing, the County to acquire such right-of-way as a public road ~mprovement. Ail costs associated with the acquisition of tho right-of-way shall be borne by the Developer. In the event the County chooses not to assist the Developer in acquisition of the "off-site" rigbt-o£-way, the tho fell-site" .right-of-way, and provide only the ro~d improvements that can be accommodated 'w,i~hin the a%ailabl¢ right-of-way . as determined by the TransportationDopar%msn~. Prior to any sits plan approvai, a phasing plan for the required road improvements as identified in Proffer Csn~i%ion 6 shall ~s su~itted to and approved by the Transportation Department. Prior to site plan approval or upon request by the County~ whichever occurs first,' forty-five (45) f~et of right-of-way on the south side of Walmsley Boulevard, and forty-five (45) feet of riqht-ef-way on the west side of Turner Road, measured from the centerlinee of that part of the roadways immediately adjacent to the Property, shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. R~lief or ~arianoes from the buffer and setback requirements of the Zoning Ordinance shall not be ~ought. ~02~9 In ~toaca Magisterial. bist~iet, ~IOHA~TAT~ OF VA~ :INc. requested ,Conditional U~e to permit eight (~) in,ocr/outdoor recreational uss wi~hln a 240 acre tract zoned Residential (R-15). Recreational uses in conjunction with a single family residential subdivision are Dlann~. The density of such amendment will be ~ont~olled by ~oning condition~ or Ordlnancs standards. 'The Comprehensive Plan suggests the property is appropriate for residential u~e of ~.] units per acre or less. Thi~ request lies on 24O acres fronting approximately 1,750 f~et on ~_he north line of Woolridgo Roa~ across from Fox Club Road. Tax Map 60-7 (1) Part of ~arcel 2 (Sheet 19),' ~r. PosSe' presented a summary of Case 96SN0259 an~ ~tated' the Planning Commission and staff recommends approval subject to conditfon~ and acceptance of the proffered c~ndition=. condltlon relatlng to buffering of. the more uso~. Ho s{&~od tho Plans'ins Commission recommends that a,fifty foot ~etback on ~r~ mid~s an~ a 100 fOOt $~tback on the fourth side while scoff rose,ends a f00 foo~ setbao~ on all sides, scrod %hat th~ C~i~sion also ~dded a notification requirement desired to assure that DooDle buy 10ts and homes adjacent to ~e more active use~ with an understanding of wha~ will constructed there. He noted ~ rs~e~t is conmi~t~nt ~ith the UuDer Swift Creek Plan. ~r. Hari~y Joseph s%a~ed a lot of work has gone into this request. He furthe~ ~tated that t~e ~eco~unduticn of the Planning Commission is acceptable, which con~:sts, of. one' exceptio~ to 6taff's ~eeo~undation relatin~ tu the buffering of ~he swiping pool. He ~a~ed ~hat t~ey have submitted ~lans on the four lane parkway coming back to the ~wi~ing pool site; thaC they haV~ submitted ~lan$: 'on th~ ~irot fifty lots, i~ediately adjacent to the swi~inq pool; .and that pending approval of ~h~ Planning Commi~ion'~ race--ended condition, they will be ~ubmitting the sit~ p~n for the pool in the near 96-~42 On motion of ~r~. Humphrey~ seconded by Mr. McHale, the Board approved Case 96SN0259 subject to th~ following conditions: 1. The following setbacks and buffers shall apply: 'a. .With the e~ceDti~n cf playground areas whi=h accommodate swings, jungle gyms, or similar such Club site" on a plan prepared by Bichabitats of virgi~ia, Ins., titled Fs~fire- Master Plan, and dated 4-~-96, as revised, all outdoor playfi~tds, courts, swimming pools and active recreational ar~a~ ~hall b~ located mln~mun of 100 feet from any proposed or existing singl~ family r~sidential lot lin~. b. For that area identified a~ = Typlc~l Club on a plan prepared by Biohabitatm of Virginia, Inc., ti=led Foxfire- Master Plan, and dated 4- ~3-96, as ~evised, wi~h ~he e~oaptio~ ~layqround areas which accommodate swings, j~ngle gyms, or similar such facilities, all outdoor playfi~ld~, court~, ~w~mming pool~ and similar acti¥c rccrcation=l areas shell bo located a minimum of fifty (~0) feet from 11 and 1~ and 4~ ~hro~gh 47, and 100 feet from conjunction with rzcordation of any lot adpaCent to the" Typical Clu~ site" area as identified cn =lie plan, the recreational area shall be uses and required conditions so noted. c. In addition, all outdoor Dlayfields, courts, swimming poo~s and similar a~tive recreational area~ shall be located a minimtt~ of fifty (50) feet from any existing er proposed public road. d. Nothing herein shall prevent development of indoor facilitle~ and/or parking within th~ foot setback. e. ' Within th~ 100 and the fifty (5o) foot setbacks, a fifty (~0] foot buffer shall be provided along the perimeter of all active recreational facilitle~ except wh~r~ adjacent to any or proposed road. This buffer shall conform to the requlrement~ of the Zoning Ordinance for f~fty (50) foot buffers, Sections 21.1-227 and 2. Any playground areas (i.'e., areas accommodating swingm, jungle gym~ or similar such facilities) shall be located a minimum of forty (40) feet fr~m all property lines. A Cor~y (40) foot buffer s~all be provided along the perimeter of all active recreational facilitiem except where adjacent to any existing or pruposcd roads. ~his buffer shall conform to the requirements of the Zoning Ordinance, sections ~l.l-z~7 and zl.1-]zs for fifty (~0) foot buffers. 3. Thcr~ shall be no outside public address system or speakers. (p) And, further, the ~oard accepted the follcwin~ condition: A B~ shall be placed in the significant dralnageway along the eastern property llne, a~ ~hewn on t/%e ~lan prepared by Biohabit~ts of VA~ Inc., submitted with the Ayes: Absent: application and dated ~-~0-9~, revised 4-~-D~. The BNP shall be subject ts the design approval and direction of the ~nvir0r~ental ~gi~eering Department in terms of timing of design, bonding, SW~4/B~ easement recordation, Hr. Damial,.Hr. Barber, Mrs. Humphrey, and Mr. Mc/~ale. Mr. Warren. In ~ermu~a Magisterial Dietrich, PANSY HArVEy HIGH recluest~d amendment to a previously ~ranted rezonlng [Case 7~S0~) relative to buffers and access. The density of such a~end~ent will be controlled by zoning ¢onditlon~ or Ordinance standards. T~e Compr~enslve Plan sugge~t~ the property is appropriate for co--unity co~ercial use. This r~quest lies in a General ~umlness (C-5) District On 4.1 aoras fronting approximately 420 feet on the south llne of P~rlock Roa~, a~proximately 200 feet we~ of Jefferson Davi~ Highway, a~so fronting appro2inately 370 feet on Egee Drive, approximately ~0 f~t w~$% o~ Jefferson Davis Highway. Tax Map 81-12 (5) Quail Oakm, S~ation 1, Block 3~ Lot 6 and Tax Map R~-16 (4) Quail Oaks, Section 1, Bloo~ 3, · Lotm 7 ~ou~ 14 (Sheet 23). s~ary of Ca~ 96SN0261 and stated the Planning C~ission and uondi~ions. ~kitch Rudy, ~squire, reprm~enting the aDDlioant, stated the a~ivi=ies going on in th~ Jefferson Davis Corridor~ ~e o~ner ~h~ p=op~y a~ flexible as possible for potentAal co~ercial u~er~, which i~ the reason the applicant asked th~ Board to vacate the subdivision pla= earlier an~ iz, at this time, applicant has proI~ered not to ac~e~ the property from ~ail Oaks Avenue. There was no opposition pre~ent. ~. Charlie Gee, stated his parents hav~ r~i~ed on Q~ail oaks to keep all co~erclal traffic on Jefferson Davis Highway an~ keep it from turning back into the neig~bhorhood from Perlock ~. M~Mal~ r~qu~t~d ~t%ff ~o address ~. Gee's concmrn tn the site Plan Development proce~. Ke stated when ~he applicant included in the ca~e. approved Case 96SN0~61 and a0o~pte~ the following proffered con~i~ion~: A minimum fifty (~0) foot buffer shall ~e maintaine~ along the western pr0pert~ boundary adjacent to Quail r~iremen%~ of ~e Zoning Ordinanc~ for buffers, sections 21.1-227 Ia) through [h) an~ 21.1-228.. ~y~s: ~r. ~aniel, ~r. Barber, M~s. Humphrey, and Mr. McHale. 96-544 adjournad at S:25 p.m. until August 29, 1996 at 7:15 a.~. for 5 breakfast m~eting with citizens for Responsible ~overnm~t at Restaurant. 96-545 Chairman/ 8/28/96