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07-23-1997 Minutes
BO~RD OF SUPERVISORS MINUTES July 2~, %997 Mr. Arthur S. Warrsn, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. Edward B. Barber ~r. Harry G. Daniel Mr_ J_ L. McHale, III Mr. Lane B. Ramsey County Administrator Colonel Carl R. Baker, Police bep~rtmen~ Mr. Craig Bryant, Dir.~ Mr. Steven Calabro, Dir,, County Airport ~outh Services Ms. Marilyn Clerk to the Beard Fire Department Mr. William D. Dupler,. Build~ng official Mr. Michael dolden, Dir., Deputy Co. Admin., Mr. Russell Harris, County Ombudsman Dir.~ Planning Dir.~ Purchasing ~nvironmental Engineering bir., Accoun~inq Dir., 9ransportation ~nteragency Services General Servlues Social Servica~ ~. M. D. stith~ Jr., Deputy Co. Admln., Community 5lock Gr~nt Office Warren oalls~ ~he regularly ~oh~duled meeting to o~dur at p.m. 7/23/97 On motion of Mr. McHale, seconded by Hrs. Humphrey, the ~oard Mr. Rameey stated that ~snriuo County issuo~ a challenge to Dennis Turllngton, Chesterfield employees responded and are He further stated that the challenge issued by Mr. virq±l raises the highest units of blood each yea~ ~ill have the hono~ of displaying a plaque. He stated that the plaque will be passed on each year to the locsllty with the highest units of bleed. He further stated that Chesterfield County had the largest number of units in the region last year. ~e then introduced Dr. Sally cook, chairman, and ~. Weedy Hcoiok, with last year's v~y muccesmful blood drive. Dr. Cook stato~ tha~ Virginia Blood Services in the sole supplier of blood p~oduets to all hompitals in the Richmond equipment that will b~ u~ed for c~ncer patients a~ the Arboretum Donor center, she stated that last year patients in Chesterfield County. She expressed appreciation to virginia Blood Services and to the patients of area hompitalm and in making this oommuni:y e better plane to work and live. ~s. ~oslok briefly reviewed the history of Henrioo County's blood challenge which began in 1993 when Hr. Hazelett ~eveloped this plan resulted in a 262 percent increase in blood donations Association of Csunties as w~ll as the Americmn Association cf ~or mantle9 ~enri~o County's challenge and resognized MS. Christie ~orter an4 Fur. ~red Colvin, repre=entinq Virginia ~lood Senv~oes~ and who are responsible for working with in the drive. He stated that the collective efforts of everyone has a~gigted ~en an4 wom~n, bc%h young amd old, congratulated Chest~rfiOl~ County for ~heir outstanding efforts in ~ontributing blood end then pre~ented the plaque to Mr. Ramsey, accompanied by Captain Dennis Turlington. 71~/~7 ~7-445 ~r. Barber ~tat~d that County Planning staff, ae well as several Directors, attended a joint ~atoaca/~idlothian ~on~munity meeting an July 22, 1997 with the topic of discussion being the planning stage for the Route ~8 project. He further ~tated tha~ the meeting was well attended and that he and Mrs. Humphrey are pleased with the response and interaction between the citizens and County s~aff. Re exDrezsed appreciation to County staff for their attendance. Mrs. Humphrey sl~o expressed appreciation to County staff for their attendance in the joint Matoaca/Midlothian community ~eeting. She stated that the m~a~ing was very positive and that ns one in attendance expressed any adverse comments about the Route 288 project. Nr. ~cKale ~tated that the James River Heritage Partnership has mat and decided to endeavor to get Heritage Rivar'u d~sign~tion for the entire length of the James ~iver. He further spared that he attended a meeting with Mr. Richard Beep, the leader of ~ewlstt Packard's new ~nv~stm~nt in Chesterfield = Americas Product ComDletio~ Canter at Rivsr~ Bend. He stated that one of the major rea=on~ that ~ewlett Packard ralomated to the County was t~e County's ability to turn aroumd the plan~ for their operation in a Very rapid period of ~ima. He noted that this is another eYe. pla of %stat quality initiative and the r~lts ara outstanding. He aemmended everyone involved in th~ initiative for their efforts and ingenuity. Mn. ~niel introduced Chief Dolezal. He stated that he recently attended the Governors Esoncmia ~evalopment trip to Germany~ as Chairman of the Greater Richmond ~conomic Development Partnership. He further stated that he visited one patcha~. ~e ~tated that ChesterField county appreciates its role in the County's Fire Department organization. handle~ and well attended. 4. R~OV~%~,,TO ~O~T~ONE On motion sf ~r. ~cHale, seconded by ~r. Barber, th~ ~oard added Item ~.C.l.e., Adoption of ~esolution Reeo~ni=ing Authorization fur Police ~epar=ment no Apply for a Grant to Restructure the Department and CYeat~ a Third District; added item s.c.36., Transfer of Dale Distric~ Three Cent Road Funds for Replacement of a Playground swing Se~ at Iron Bridge Park; added Item ~.C.~?_, Transfer et Clover Hill Diatrlct Three Cent Road Funds to Replace Ballfi¢td Lighting at Rockwood 9ark; adde~ Ite~ ~.c.3~., Apprepriation of Reimbursements from the Virg~nla Department of Transportation for the Design of the Routs 10 Widening from I-~5 to Meadowville Road{ added Item ~.C.39~, Authorization for County Administrator te Execute a Subordination Agreement for Property Located at 3613 South Street; Ettrick; moved Item 9., R×~utive Session Pursuant to 97-44~ Relating to ~ha Assignment, Appointment and Premstion of Specific Public Offi~ial~ in Chesterfield County to fellow Item 12., Reports; replace~ an Attachment to Item I$,B., Resolutions Recognlzinq Boy Soo~t$ Upon Attaining Rank of Eagle Scout; replaced Item M.C.~8.b., authori,atien to Utilize Community Enhanoemen5 Program Funds ~or the Installation of the J.G. Hening Sign~ and added Item ~.C.40., Authorization to Exercise Eminent Domain for the Acquisition of a Parcel of land to Provide a Permanent Access Between the Athletic Facilities at Providence Middle School and David Elementary School from Posie H. Wright and Beulah Mae Wright and, adopted the agenda, as There were no Work Sessisns at thio time. 7. DEFERRRD O COUNTY'S CASH ~ROF~R POLICY Mr. Ste~mai¢~ stated that at the ~une ~, 1997 Beard of Supervisors meeting, the Board deferred consideration of the County's Cash Proffer Policy. ~e stated that at that ~ime, staff identifie~ ~hat the current fiscal impact per dwellin~ unit, calculated by ~ethod~ in the Policy, is $~,8~9. He further stared that a numbeF Of issues were also identified for future study relating to caeh prcffere including possible amendments to the County's Comprehensive Plan and Zoning OrdiDance to define relationship between land use~ density, and the ne~d for public facilities~ defining ~nique circumstances that might mitigate the impact of development on public facilities; identifying areas cf the County where development ~hould be encouraged through the use eS incentives; and revising the County*s eu~ant Cuuh Proffer Poli~y that would allow applicants to identify particular circumstances which might affect the ~mount of the calculated cash proffer. further stated that at the June 11, 1997 meeting, the Board r~quested stsff to review the Policy and come back to th~ Board with a recommendation that would, over the n~xt two years~ move the c~sh proffer up to t~ ~aximum per lot amount of $6,~19 from the current level of $~,175. Me stated that staff ha~ met with representatives of the Momubuilders Association ~nd that staff recommends that =he cash proffer level be set ut for FYS8 and go to $6,819 for the FY99. ~e further crated that the Marshall a swift Cost I~dex el~o notes increases to previously approved cases. ~r. MoHele made a motion~ seconded by ~r. Daniel, for the Board to authorize staff to set the maximum cash proffer amounts per approve Marshall & swif~ cost inor~aees for previouely approved case~; approve revision~ to the County's Cash ~ro~fer Policy; and directe~ the Coun~yAdminlstrator to prioritize and assign len~-term study projects to the County staff. ~r- Barber stated that he feei~ that i~paot fees would be better and more ~air way to address the fiscal impacts of developm%nt. He further stated that he woul~ like to see staff enlist the help of ~e ~omnbuil~ers and other ~urisdfctiens in an effort to address impact fern i~ the future. 7/23/57 97-447 Mr. Daniel stated that since 1989, when the first cash proffer system was initiated, he believos most people involved would have felt moro csm~or~a~ls if there was~ the prerogative of having a true impact fee system where overything so~ld be assesEnd and it~ i~pact then would be more Uniform. He further statod that the ~tato has mado it so that sash proffers is the only tool that the county hau to use for addressing recovery of COSt cf devotopment. He further stated that Chesterfield County has been ~iewed as the modol for the Cask Proffer ~ystom and that the County has no other ressurce than to raise cash proffers since an i~pa~t fe~ system is not in place. Mr. Warren called for the vote on thm motion made by Mr. Ko, ale, seconded by Mr. Daniel, ~or the Board to authorizo staff to set the maximum cash proffer amounts per let for new ca~as a~ $6,000 for FY98 and $6,819 for FY99; apprsve Marshall & Swift oo~t incroases for previously approved casos; apDrsve revisions ts the Cou~ty~ cash Proffer Policy; and direct the CoUnty Administrator to priorXtiz9 and assign Iong-t~rm ~tudy ~rojeots to the Cuunt~ staff. su~pendod it~ rules at thia time to allow simultaneaus the Motropolitan Richmond Convention and Viuitors Bureau and on motion of Mr. ~oHale, seconded by Mr. Barber, the Doard simultaneously nominated/appointed Firefigh~er Donald Hollett and Firefiqhter Kenneth L. Tinaley as Assistan~ Uire Marshals, pursuant to section 27-36 OS the Code s~ Virginia. On motion of Mr. McHale, seconded by Mr. Daniel! the Board simultaneously nominated/appointed/roappointed MI. Richard L. Young and Mr. Michael Watkln~ to serve on the Metropolitan Richmond Convention and visitors Bureau whos~ t~rm$ ars effectivo immediately and will e×Dire June 30, 1999. on motion of Mrs, Humphroy, seconded by ~L~. McHale, the Board simultaneously nsminated/eppointed the following individuals to ~ffective immodiately and will ~xpire as follows: Mam~ District Term Ms. Chanella Jefferson Ma=oaea ~r. Linwood Spindle, Sr. Dale ~s, Judith Jochets Oalo ~s. ~organ Wilson Dale Vote: Unanimous June 30, 5998 June ~0, 2000 June ~9, 2000 June ~0, 97-~R $.B. STREETLIGHT IN~T~=LL~TION COST APPROVAL~ On motion of Mr. McHale, seconded by Mrs. ~umphrey~ the Board approved the following streetlight Installation Coat App~ovala: Bermuda District * Harrcwgate Road and South Street HO cc~t to install light Dale District Fordham Road and Gregory Drive NO cost to install light ~at0aca Distriat Ridge Run Road and Qualla Road No cost to install light Due to public safety is~u~ * Quail Ridge ~oad, in the cul-de-sac, vicinity of 9331 Cozt to in~tall light: $1,945.29 Due to public safety * ~idlcthian Turnpike, vicinity of 17417 No cost to install light Due to public safety issues Vote: Ununimoum S.C. CO~SENT ITEMS S.Q.1. ADOPTION OF RESOLUTION8 On motion of Mr. MoHale, seconded by ~r. ~arber, the ~oar~ a~opted the following resolution: W~ERZAS, ~r. Battle has provided t~ir%y-two years of ysars, providing esoor~ du~ias and ~erwing su~%mons and ~olice Department with many y~ars ~arvice, often volunteering his personal time for the good of displayed a courteou~ and ~lpful attitude during hi~ tenure w~S, the Chesterfield County Board of Supervi~or~ and 7/~3/97 County Board of Supa~viaars publicly recognizes Mr. Gilbert L. Chesterfield County their appreciation for hi~ service to the County, their congratulations upon hi~ retirement, and their bast ~ishes for a lon~ and happy retirement. AND, BE IT FURTHE~ RESOLVED, that a copy of this resolution be Dresented to M~. Battle and that thi~ naaelution be permanently recorded among th~ papers of this Board of Supervisors of Chesterfield Ccunty~ Virginia. Vote: Unanimous on motio~ cf ~r. Me.ale, seconded by W_~i Be=bur, th= Board adopted the ~ollowinq resolutioR: W~A~, ~r. ~ern~r~ ~, Jenkins will retire ~rum the Chesterfield County Department of Utilities on August 1, 19~7; and W~R~A$, ~r. Jenkins has faithfully served Chesterfield County fo~ twenty-three years; and W~ER~AS, in reaognition of ~. J~nkins skills and abilities rsla~ed to the o~rations an~ maintenanse of oompl6x electrical and mechanical ~y~t%m~, ~e was promoted to Utility Supervisor on January ~, 19~ and ha= diligently s~rvad in that capacity since; and maintenance of the County~s wastewater pumping stationm has resulted in a reliable and effectiv~ collecPion ~ystem that has avoided wastewater overflows and pollution to our environment in Chesterfield County; and NOW, T~R~FORE BE IT RESOLVED, that the Ches=~rfield his retirement, an~ their bast wishes for a long and ~appy ~D, BE IT FURTM~R RESOLVED, that a copy of thi~ resolution be presented to Mr. J~nkins and that this r~olution Sup~rvimor~ of Chesterfield County, Virginia. Mzs~ Numphroy stated that the Childran'~ Home of virginia provide~ ~any values to County youth. She further ~tatad that ~rs. Janice ~ack ha~ devoted hen life to providing for children who are homeless and who ar~ in need of t~mporauy services. She further ztated that this Ho~e is located in ~e ~eart of Matoaca and all contributlonn ar~ private er come from civic assooiaticns. She encouraged anyone with extra computers to donate them to th~ ~ome_ 97-450 Om motion of Mr. McHale, eeconded by Mr. Barberr the Board adopted the follcwlng resolution: WHEREAS, The Children'e Home of Virginia Bapti~t~ was founded in 1946 by Dr. Charles Dodd and supported by the Baptist General Association, the Baptist General Convention, and the Virginia Baptist Sta~e Convention and also receives suppsrt from the United Way, civic organizations, churches, and individuals; and W~R~A$, Krs. Janioe ~aek ~as ~een ~he Directo~ of The Children's Home of Virginia Bapt%sts for the pas~ twenty-five years and, under her ex~raerdinary leadership, the Children's Home has provided a scholarship fund and a growing endo%naen~ ~e meet t~e expensive demands of the children; end WHEREAS, The Children's ~o~e ~f Virginia Baptists is a remidmntial home for children located on 2~ acres of farm land in Chesterfield Csunty and is licensed by the Commonwealth cf Virginia, the Department of We/fare, and institutions for thirty-five children; end WHEREA$~ The Children's Home cf Virginia Baptists admits children from 2-17 years of age from variou~ localities throughout t~e Commonwealth of Virginia who com~ from very dxYerse environmental backgrounds; and ~REA$, The children's Home of Vir~ini~ Haptlstm provides counseling at th~ facilities for resldsnt~ and their f~milles~ and ~R~AS, residents of ~hs Children's Home of Virginia Baptists attend t~e public schools of Chesterfield County and participate in the Angel and ~outh choir~ Bey SCOUts, Trade ShoD, recreation, the Christian Education Forum, and study hail; and WHeReAS, The Children's Home of Virginia Baptists celebrated its Fiftieth Founder's Day On July L2, 1997. NOW, THER~FOR~ ~ IT ~ESOLVED, that the Chesterfield County Hoard of Supervisors pnblicly recognizes The Children's Home of Virginia ~ap~ists fox their 50 years ef dedicated ~er~ioe, commitment, and parental car~ to the youth of Chemterfi~ld County. AND, BE iT FURTHE~R ~E$OLVED, that a copy of this ~eselutlon be presented to The Children's Home of Virginia Baptists and that ~hi~ resolution be permanently recorded among Vote: Unanimous ~.C.1.=. ENDORSING THE RIOH~OND ASSOCIATION OF REALTORS On motion uf ~r. Mc~ale, ~econ~ed by Mr. Barber, t~e Hoard adopted t~e following resolution: WKEHEA$, the Richmond Association of Realtors is organizing a conference for neighborhood associations as a way ts bring together neighborhoods from throughout the region to ~hare ~nd learn from each ether; and WHER=AS, Chesterfield County recognizes the importance of heattby and viable neighbe~heod~ and ~he value of co--unities working ~ogether, learning from each other; and 7/~/97 97-451 WHEREAS, chesterfield County h~ actively encouraqed neighborhood organization and communication through Community enhancement Program, an initiative to empower ~o~unities tc create a proactive and shared vision of their future; and WHEREA$~ the Richmond Association of Realtors, in organizing the Ketro Neighborhoods PesLival, recognizes that healthy neighborhoods from the foundation for the future well- b~ing Of both Chesterfield County and the Richmond region. NOW, THEREFORE BE IT R~$QLV~D, that the Chesterfield County Board of Supervisors commend~ the Richmond Association of Realtors for their work in bringing neighborhoods together and endorses the metro Neighborhoods Festival in September, 1997. Vote: Unanimous Chesterfield County as Oireotor of the Department uf N~ws and WKEREAS, during this time, Mrz. ~itchall provide~ a wide ~anga af information 5ervice~ to Chesterfield County; and member Of the ~enrious Foundation and :he James River Task Force; and W~EREAS, in all these endeavors, Ms. ~itchell exemplified W~R=A$, it is approDriate ~o recognize ouch exemplary County Board of supervisor~ Dubli~ly recognizes Mro. PaUline A. Nitchell and a~tend~, on behalf of it~ members and ~he citizens of Chesterfiel~ county, their appreciation for he~ uurvice to their bss~ wishes for a long and happy retirement. ~euOlution be presented to ~rs. Mitchell and ~ha~ this Board of Supervisors ~$ Chesterfield County, virginia. 97-452 7/23/97 APPROVAL TO TRANSFER TWO FULL-TIHE ADHINISTP~ATIVB ROSITION~ ~3;DA~$OCIAT~D PERSONI~EL~D O~Et~ATI~G ~OSTg FROM GEM~q~kL SERVICES ~DMI.~I~TR~TION TO SOLID ~ASTE MANAGEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the transfer of two full-time administrative positions and all associated personnel and operatinq cost~ from G~ne~al Services Administration to solid Waste Management. vote: unanimous Mr. McMule ~tated that thi~ contract i~ a =te~ forward for CO~%y and School emDloyees an~ for the taxpayers of the County. He commended ~r. Ram~ey, Dr. Bother, and other~ for their e~forte in thi~ endeavor. Qn motion of Mr. McHale, seconded by ~4r, Ba~be~, the Board authorized th~ County ~dministrator to enter into a contract with KPMG Peat Marwick LLP for consultant servioe~ for the creation of a unified pay plan for County and SChools. (It is ~timated ~t $83,950 and the County an~ the school Board have 8.C.a.b. R. e. FILXER/DAViE PROCESS FO~ INSTALLATION OF ~MLORIN~T~ON~E~K~ORINATION CNEMIC~L amount uS $169,971, for the installation of ohle~inatienf Unanimous ~.C.~.c+ J.E. LIE~FELDz_INCORPORATED ~OR ~bV~NC~D SiTE WOKK AT On motion Of ~r. ~c~ale, seconded by Mr. Barber~ t~e Bea~d authorized the County Administrator to ~nter into a construction contract with J.E. Liesfeld, Incorperated~ in the amount cf $1,713~424, for the advanced ~ite work at th~ Safety Center ~NON. {It is noted that funds are available in the project.) 97-453 the date of August 27, 1997 at 7:00 p.m. for a pablic hearing to con~ider th~ issuance of $~6.~ million in Certificates of ParticiDatlnn Notes for the construction of the n~w Juvenile Court~ ~ui!ding, expansion of the Juvenile Dat~ntio~ center, construction of a Co,unity Development BUilding, and additions to the Information Systsms Technology building~ appropriate $16.1 million in ~ertificates of Participation proceeds for the construction of the Juvenile Courts building; and appropriate On motion of Mr. McHale, ascended by ~r. ~arber, the Board th~ date of August 27, 1997 at 7:00 p.m. for a public hearing to consider the abandonment ~f a p~rtion of Cheste~ Road, State ~eUt~ 145, and Dos loop at Bel~wond Elementary Sc~oul Annex, State Route ~451. Vnt~ Unanimous 8.C,4.eo TO CONSIDER FY98 BUDGET REVISIONS REL~T~N~ TO MENTAL RETARDATION/SUBSTANCE ABUSE DEP~-~TM~NT On motion oS Mr. ~cHale~ eecnndad by ~r. B~rber, the Board the date of August ~7, 1997 at 7:00 p.m. to considsr ~¥~ Budget revisions, in the amount of $617~700, ~elating to Mental Health,mental Retardatlon/gubmtanee Abuse Department servisea for mentally ill and me~aliy retarded citi=ens. Unanimous 8.c.4.d. TO ~ONSIDER ~EHDMENTS TO THE FIRE PROTECTIO~ On motion of Mr. Mo~ale, seconded by ~. Barber, th~ Roard Set hearing to consider 5n ordinance to amend the Code of =he County of Chas%er£ield, 1997, as amended, by amendinq and reenaotin~ Chapter 10, Sections 10-1~ 10-~, 10-4, ~0-5, 10-22 and ~0-~ rekating to fire protection and ~neke Vote: Unanimous 97'-454 7/23]57 TO CONSTDFR ~N ORDIN~NCH TO ~J~END THH CODE OF THE COUNTY O~ CHEBTERFIELD~ 1997. AB AF~ENDEB, BY A~ENDI~G O~ motion ef Mr. ~cHale, seconded by Mr. Barber, the Board set th~ date of Augugt ~7, 1~97 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the Co~ty cf Chesterfield, 19~?, a~ amended, by amending and reenacting Section 19-238 relating to allowable post-development phosphorus loads for residential development in th~Upper ~wift Creak Nater~hed. TO TEB COM14~INIC~TION CENTER On motion of Mr. ~cHale~ seconded by Mr. Barber, the Board approved a change order, in an amount no~ to exceed for additiunal design s=rvices to the 9II Communicabion Center. (It i~ noted that funds are available in the prujeut to cover Vote: Unanimou~ 8.C.a.b. TO T~E DESIGN CONTRACT FOR THE PUBLIC SAFETY On motion of Mr. McEal~ seconded by Mr. Barber, the Board approved a chan~e order, in the amount mf $87~B10, tm Timmoma for the Public ~afsty Training Center ~ON. (It is noted that fund= are available in the project to cover the no~t.) VARIOUS On motion of Mr. ~¢Hala, seconded by ~r. Barber, the Board authorized the Police Department ~o apply for a Bureau of Justice Assistance Local Law Enforcement ~lock Grant, in the amount of $81,s5~ to provide funding for computers for the Records Management ~ystoms and for a part-ti~a Hu~aB Resource Speoia%ist and appropriate the neceasary funds if approved. (It is noted that the Police Department will cover the local required march of $~,1~5 within ~heir existing budg~t.) 8.C.6.b. TO PRf~TIDR kN ADDITIONAL SCHOOL RESOURCE OFFICHR IN A ~IGE SCHOOL OR TECHI~IC~L CENTE~ On motion of Mr. Mc~ale, seconded by Mr. Barber, the ~eard a~thori~ed the Police Department te apply far a Department Of Criminal Justice Service Grant, in the amount of $31,S00, to create and provide funding for a new School Resource officer position and appropriate th~ necessary fun~s if approved. (It 97-~55 is noted that the local in-king match, which equals will be covered within the existing Polic~ Department budget.) Vote: Unanimoum B.C.?. AMENDMENT TO BOARD MINUTES OF.JULY 26~ 1996 On motion of Mr. McHale, seconded by ~r. Barber, the Board amended the Board minute~ of July 26, 1996 by adding the adoption of ~he following re~oluticn: A RESOLUTION OF TNE SCHOOL BOARD OF THE COUNTY OF CHESTeRFIeLD, VIRGINIA, REQUESTING THE BOARD OF SUPERVISORS OF SUCH COUNTy TO ADOPT A RESOLUTION REQUESTIN~ CIRCUIT COURT OF SUCH COUNTY TO ORDER AN ELECTION ON THE QUESTION OF AUTHORIZING SUC~ COUNTY TO CONTRACT A DEBT A~D ISSUE ITS GEWB~L OBLIGATION BONUS IN THE MAXIMU~ AMOUNT OF $174,799,000 FOR CAPITAL FUTUKE SCHOOL SITES A/~D SUCH OT~ER CAPITAL SCHOOL EDUCATIONAL NEEDS IN SUCH COUNTY ~qEREAS, the School Board (the "School Board") of the Connty o~ chesterfield, virginia (the "County") d~ems it necessary and desirable to request the Board of Supervisors of the County to adopt a resolution requesting the Circuit Court ~f the County to order an election in the County un the question of authorizing the County to contract a debt and i~sue itc general ebligatiom bonds in the maximum amount of $174,799,000 for capital school improvement purposes, including acquisition of futur~ school sites and much o~her capital school improvements ~s may be required by the actual ~du~ationat needs in the County. NOW, THER~FOR~ BE IT RESOLVED, that on motion of Mr, Wootton, and seconded by Mrs. Davis, the se~eel Board of the County of Chesterfield, Virginia hereby requests the following: 1. In accordance wlth the provisions of Section 15.1-227.41 of the Code cf VirginiaS 1950, the School Board hereby requests the Board of supervisors o~ the County to request the Circuit Court of thc County to order an election in the County on the gees=ion u~ au~horlzing the County to contract a debt and issue general obligation bonds of the County in the maximum a~ount of $174,799,000 for capital school i~provemcnt purposes, including acquisition future school sites an~ ~uch other capital school ~provements as may be required by the actual e~ucatienal n=ed~ in the County. Thi~ re~olution shall ~ake affect upon its adoption. Vote: On metion of Mr. ~cHale, seconded by Mr. ~arber, the Board approved t~e acceptance of $25,00Q allocated to the Chesterfield-colonial Heights Families First Program by the General Assembly through the 5ealthy Families Virginia Budget Amendment and authorized the creation of a Family Support Worker poaitien for Families First using the funds for salary, taxes, fringe benefits, training, and related expenses. (It is noted that this funding is fo~ the period of ~uly 1, 1997 through June ~, ~9~ ~n4 will increase bu~gete~ revenues and expenditures by $25,000.) ~7-456 APPROPRIATION AND ACCEPTANCE OF FUNDS TO CONTINUE THE ASSAULT DIVERSION PROGRAM On motion cf ~r. MoRale, ~econd~d by ~r. Barber, the Board approved the acceptance of $46,43~ from the Department of Criminal ~tic~ ~rvice~ to continue the Assault Diversion Program for youth offenders and appropriated such fund~. Vote: Unanimous APPROPRIATION O~ ANTIDIDATED OONTRIRUTION~ POP appropriated anticipated contributions, in the amount of Recreation Department for educational programs at the citie of On motion of Mr. McHale, seconded by ~. Ba~be~, the Board authorized the 9ark~ a~d Recreation Department to apply for grant funding, up to $100,~00, for the Dutch Gap Conservation Ar~a~ authorized the County Administrator to enter into an agreement with tDe W. Alton Jones Foundation; and appropriated up to $150,000 in grant funding in the event the gr=nt r~qu~t is approved by the W. Alton Jones Foundation. (It is noted that thi~ grant i~ for construction ufa walking and bike trail, including a bridge, amd does not require a local match.) ~.G,11.~. VIRGINIA WETLAND RESTO~J~TION TRUST On motiom O~ ~r. McHale, seconded by Mr. Barber, the Board authorized the Parks and Recreation Department to apply for grant funding, up to $1~0,000, for =he Dutch GaD Conservation Area; authuri=ad the County Administrator to enter into an agreement with the Virginia Wetland Restoration Trua~ Fund; and a~Drop~iated up to $15Q,000 in grant funding in the event the grant request is apDmoved by the Virginia wetland Restoration Trust Fund ts create and enhance over seventy acres 6f wetlands and wildli£e habitat. (It is noted that there is no grant match requirement.) Unanimous On motion of Mr. MoHalk, s~cunded by Mr. Barber, the Board authorized the Park~ and Recreation Department to apply for grant funding, up tu $25,000, for the Dutch GaD Conservation Area; authorized the County Administrator to enter into an agreement with Wrinkle in Time Foundation, Incerperated~ and appropriated up to $~5,000 in grant funding in the event the grant request is sppnsved by Wrinkle in Time Foundation, ~?~57 Inoorporut~d deck/pier. requirement.) for design and construction of a fishing (Ih i's noted that there is not grant match ~.c.l~. ~RO~R~TION OF ~DD~T~ON~L REVEI~E~ FROM 00LONIAL On motion of Kr. MoHele, seconded by Mr. Barber, the ~oard appropriated $63,728 in additional revenues and ~xpen~iture~, approved by the Colonial ~eights City Council for the FY98 Co~D~eke~siv~ Se~viee~ B~dgst, for services for Colonial Vote: Unanimous E.O,13, AUThORIZaTION FOR TNB CO,UNITY CORRECTIONS S~RVICES apply for a Bureau of Juetioe Assistance Grant; to appropriate the funds if approved; and to create two full-time positions. (It is noted that these positions would be grant funded for eighteen months and future funding of the positions ar~ contingent upon future receipt of grant funds.] On motion of ~r. McKale, seconded by Mr. Barber, the ~oard authorized the ~stablishment of an Airport Area committee, Vote: Unanimous ~ROP~RTIEE, L.L.C. FOR OFFICE BPACE FOR THE DE~RTME~T OF SOCIAL SERVICZ~ On motion of ~r. McHale~ seconded by ~r. Barber, the Boar~ authorized the County Administrator ts execute a le~e located at 10111 Krause Read, S~ite 100, effective August 1, 1~97 for the Department of social services, subjee~ ~o approval mE to form by thm County Attorney. 8.~.16. APPROVAL OF ~HA~GE ORDER NUMBER TWO FOR THE LITTLE EXTENSION On motion of ~r. McBal~, ~oconded by Mr. Barber, the Bo~rd approved Change order ~mmber TWO, for an increase of $~9,154.10, for the Little Tomahawk creek sanitary sewer Extension Project and authorized the County Administrator to e~ecute the necessary ~oeuments. Vote: Unanimous 97-458 8.C.17. TRANBFER OF FUNDB TO COVER THE COST OF MAJOR MAi~TEHi%NCE PROJECTS IN TH~ SCHOOL FIVE-Y~R CAPITAL On motion of Mr. McHale, seconded by Mr. Barber, the ~oard transferred $4,000,000 from the 2cheol's Capital Project of major maintenance projects identified as top priority in the School Five-Year Capital Improvement Plan. Vote: Unanimous directions ~rum this Beard, made report in wri=in~ upon hie Dis~ric%, ann Whereae, the Resident Engineer for the Vlrgln~a Department of Engineerinq, the streets in Amstel Bluff~ Section B~ Bermuda District, meet the r~quirements ~stablisb~d by th~ Subdivision Street Requirements of the Virginia Department of Wh~reas~ the County and the Virginia Department of Dock ~4~, Page 40~, January 21, 19~ for all stormwater detention/retention facilities in the County. McHale, seconded by Mr. Barber, it is resolved that th~ roads hereby are established as public ~oads, Secondary ~ystem, @ursuant to Se=%ion 33.1-229, Code of the following: at the interseotlen with e×imting Anstel Bluff Way, State Route ~015 Guaranteed Right-of-Way Width: SO feet. Guaranteed Right-of-Way Width: 50 feet. 97-459 This request is inclusive OX the a~jacen~ slope, sight di~tance~ clear zone, and designated Virginia D~partment of Transportation drainag~ easements indicated on the ~svelopm~nt plat. These roads serve ~ lots_ This section of A~stel Bluff is retarded as follows: Section B, Plat Book SO, Page~ ~, ~7, and ~, February 3, 1993. Vote: Unnni~ua This day the County ~nvironmental =nglneer, in accordance with directions from this Board, made report in %r~iting Upon his e~amlnation of the roads in Rieves Pelnte, ~ermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Dire=tot of ~nviron~ental Engineering, the street~ in Rieves Points, Bermuda District, meet ~he requirements established by =be subdivision street Requirements of the Vir~inla Department of Transportation~ and Wh~reas$ th~ County ~nd the Virginia Department of Trans~ertat~on have entered into an agreement, r~corded in Deed Bask ~453, Pag~ 405, January 21, 1994, for all ~tormwat~r de~ention/r~ten~ion fa~litie~ in the County. McHale, s~oonded by Mr. Barber, it is resolved that the roads in Rieves Points, Bermuda District, be and they hereby ara ADd be it further re~olved~ that %he Virginia Department ef Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section $3-1-zz9, Cede of virginia~ and the Department's Subdivision Street Requirements, the following: From: Cul-de-sac~ 0.28 mile west of H~rrowgate Road, s~ate Reute 144 0.0~ mile north ef Hy4e Park Drive, State Route 1605 Guaranteed Right-of-Way width: ~0 feet. Name of Street: Colby Cove Court Length: O~ll mile From: Cul-de-sac, O.ll mils south of Risves ~ond Drive Risv~ ~0nd Drive, 0.13 ~il~ west of Harrowgate Road, state Route 144 Guaranteed Right-of-Way Width: 50 f=xt. Wame of Street: Kelsey Points Court Length: 0.07 mile From: Cul-ds-sa=~ 0.07 mils southwest of To: Risves Pond Drlve~ 0.19 mile west ef ~arrowgate Read, State Route 144 Guarantee~ Right-of-Way Width: SO fast. This request is inclusive of the adjacent slope, sight distance, clear zon~, and designated Virginia Department of Transportation drainage ea~ment~ indicated on the devalopnent plat. 7/2~/97 ~7-460 Theoe roads ~rve 34 lot~. Riev~s Points is recorded as Pla% Book el, Pages 25, 26, and 27, April 27, 1988. Vote: Unanimous This day the County Environmental Engineer, in accordance with direct~en~ fro~ thio Board, ~ade report in ~ritin~ upon examination of th~ road in ~rro~head, Section 5, Clover ~ill District, ~nereas, the Resident E~gi~eer for the Virginia Department of Transportation has advised the Director of ~nviron~eatal Engineering, the street in Arrowhsad~ Section 5, Clove~ ~ill District, meets the requi~emen~ established ~y the subdivision Street Ro~uire~ent~ cf the Virginia D~par~ment ~f Transportation, whereas, the County an~ the Virginia Department of T~sn~portation have entered into ~n agreement, recorded in Deed detention~retention facilities in the County. Therefore, upon consideration whereof, and on motion of ~r. MoHale, oecondsd by Mr. Barber, i~ is re~elve$ that =he road in Arrowhead, Section 5~ Clover ~ill District, be and it hereby is established as a public roa~. An~ be it further resolved, that the Virginia Department of Transportation, b~ and is hereby requested ~o tak~ into the seoonda~y System, pursuant to Section 33.1-229, Code of Virginia, ~nd the Department's S~bdivieion Street Requirements, the following: Name ~ s~reet: Claybar Trail Length: 0.04 milo From: ~×ioting Claybar Trail, State Route 2769~ 0,10 mile east of Warrior Trail, Stat~ Route To: Cul-de-eec~ 0.0& mile east of existing Claybar Trail, State Route 2769 Guaranteed Right-of-Way Width: 5~ Thio request is inclusive of the adjacent slope, sight ~is~ance, clear zone, eno dasiqne=ed Virginia Department of Transportation drainage easements indicated on the development plat. This road serves B lots. Thi~ section of Arrowhead i~ recorded a~ follows: Section 5, Plat Book 79~ Page 96, December 50, 1992. This day the Coun=y Envirer~men=al Engineer, in aueordanee with d±reotio~s from this Board, mad~ report in writing upon his examination of ~e read in Timmberry Tuwnhou$es, Phase Meteaoe District, and 97-451 Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of EnvlroD~ental Engineering, the street in Timsberry Townhousee, Phas~ ~atoaca District, meets the requirements established by the Subdivision Street Raquirem~nt~ of the virginia D~partm~nt of Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed ~uok 24B3, Dage 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, uDon conmideration whereof, and on motion of Mr. Mc~ale, seconded ~y Mr. Barber, it is resolved that the road in Timsberry Townhouses, Phae~ I, Hatoaca District, hereby is established as a Dubli¢ read. And be it further resolved, that the Uirginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33,1~229, Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Broadwatsr Rssd Length: 0.16 mile ~.~4 mile northwest of Louise Drive, To: End of road~ 0.15 mile northeast of ~arrowgate Road, State Route 144 This request is inclusive of the ad3acent slope, sight distance, clear zene, and designated Virginia Department of plat. This road serves 28 lots. This phase of Timsberry Tewnheusss is recorded as 8.C.Z0. AUTHORIZATION TO E~ERCISE EMINENT DONAIN ACROSS OF ~ V~RTABLE WTDTK VIRGINIA D~P~RTM~NT OF TRltNSPORTATION 'SLOPE EAS~ENT AND DRAIEAGE ,EASEMENT ~ND A TBN ~OOT TEMPORARY ~ONSTRUCTION a~thorized th~ County Attorney to proceed with eminent domain across property of Thomas L.. ~anks, on an emergency basis, for the acquisit~on of a variable width Virginia Department of Transportation siena easement and drainage easemen~ an~ a %et feet temporary eenstruction ~asement for improvements to ~ast Hundred Road, ~tats Routs 10 and e~ercise immediate r~ght cf entry pursuant te Section 15.1-23S.1 of the Cuds of virqinla and that the County Administrator be instructed to notify the owner by certified nail on July ~5, 1~7 cf the County's intention to take possession of the easement. (It is noted a cody of plat is filed with %he papers of this ~oard,) VoLe: Unanimous 97 462 7/23/97 S.C.Zl.a. ALONG JEFPERSON DAVIS HIGHWAY FROM ISHWARBHAI S. ~ATEL AND KAKLA I, PATEL On ~otion of Mr. Mc~ale, seconded by Mr. Barber, the Board accepted the conv=yanc~ of a parcel of land containing 0.155 acres along Jefferson Davis Highway (U.S. Route i & ~01) Srom Ishwurbhai S. Petal and ~aml~ %. Pate] and authorized th~ County Administrator to execute the necee~sry deed. (It i~ noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 9.C.21.b. ALONG THE WEST RIGMT-O~-W~Y LINE OF BurnED ~O~b ~OM BUFORD ROAD DEVELOPMENT COMPANY, L.L,C. On motion of Mr. MoHale, seconded by Mr. Barber, the Board accepted th~ oonveyanoe ef two parcels of land containing acre~ along the weet right-of-way line of Buford Road (State Route 1500) from Bufcrd Road Development Company, L.L.C. and authcri=ed the County Administrator to ~x%cute th~ necessary deed. (It is noted a cepy cf the plat is filed wi~h the Rapers of this Board.) 8.c,2~.=. FQR OTTERDALE ROAD EXTENbED FROM HAHRTON PARK accepted the conveyance OS a parcel of lan~ containing 4.532 acres for Otterdale Road ~xtended from Hampton Park Associ&t~s, L.L.C., a Virginia L~mlted Liability Company and autheri~eO the County Administrator to execute the necessary deed. (It i~ no=ed a co~y Of the plat is filed with the papers of this Board.) Vote: Unanimou~ ~.C.R~.~. ALON~ TURNER ROAD FROM AT&T ~OMMIINICATIONS ow On motioD Of Mr. Mc~ele, ~eccnded by Mr. Barber, the Board accepted the conveyance of two parcels of land containing 0.227 acre~ along Turner Road (~tat~ Rout~ ~0) ~rom A~&T Communications of virginia, Incorporated end authorized the County Administrator to e×~cut~ th~ ~ece$$ary ~eed. (It is noted a copy of the plat is filed with the papers of this B~ard.) ~.C.~l.e. FOR K~4~TON ~;u~KDRIV~ EXTENDED A/~D 0TTSRDA~E RO~D EXTENDED FROM MALEONE On motion ef Mr. McHale~ ~econded by Mr. Barber, the Board accepted th~ ccnv~yanc~ of a p~rcel of lan~ containing acres for Hampton Park Drive Extended and Otterdale Road Extended from M~lbone A~iate~, a Virginia General ~ar%nership and authorized the COunty Administrator to execute the necessary deed. (It is noted a copy of the plat is with the papers of this Board.) On motion of Mr. McHale,~ seconded by Mr. Barber, the Board accepted the conveyance of a parcel of la~d containing 3.24 ~ aoreo along Falling Creek from J. Terry Parsley, Trustee and authorized the County Administrator to execute the necessary dee~. (It is noted a copy of tha plat is filed with the papers of thio Board.) Vets: Unanimous On motion of Mr. McHale, ~ccnded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 4.3 ± acres on the James River from Virginia Power and authorized the County Administrator to execute ~he neoeosary deed. (It is noted ~ copy of the plat is ~iled with the papers of this Board.) Vote: Unanimous ~ATE WITHIN A FORTY BOOT UNIM~pVED RIGHT-OF-W&Y~ On motion of Hr. MoHale, seconded by Mr, Barber, the ~uard oonetrueta gate within a ~orty ~oo~ unimproved right-of-way, filed with the paper~ of this Board.} Vote: Unanimous On motion of Mr. McMale, seconded by Mr. Barber, the Board approved a request from Southm~ns~sr Presbyterian Church to construct an asphalt parking area, gravel driveway, and concreta curb 8nd gutter within an unimproved fifty foot temporary turnaround, subject to th~ execution of a license aqreemant, fit is noted ~ha~ a copy of =he vicinity sketch is filed with the papers of this Roard.} Vote: Unanimous B.C.22.O. PROM ~ARVIN N. WOODLEY TO CONBTRUCT A FENCE WITHIN A 9IXTEEN PO0~ D~A~Nn~E On motion of Mr- ~¢~ale, seconded by Mr. Barber, =he Board a~proved a re,nest from Marvin N, Woodtey to construct a f=nce within a sixteen ~oot drainage easement, subject execution of a license agreement. (It ia noted that a copy of Vote: Unanimous 97-464 8.C.23. REOUEST TO OUITCL~IM 8.C.23.a. ACROSS PROPERTY 0W~SD BY CRIMSON BIRKDALB 9~RTNRRSNI~ On motion of W-r. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate the SWMfBMP easement across the property of Crimson Birkdale Limited Partnership, a virginia Limited Partnership. IZt is noted a copy of the plat ie filed ~ith the papers of this Vote: Unanimous ACROSS PROPERTY OF LIBERTY PROPERTY DEVELOPMENT OORPORATION On motion o£ Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width SWM/BMP easement and a twenty foot access easement across pru9erty of Liberty Property DeveloDnsn~ Corporation. (It ~s noted a copy of the plat is filed with the papers of ~hi~ Board.) vote: Unanimous On motion of Mr. McHale, seconded by Mr- Barber, the Board authorized the chairman of the Board cf superviscr~ and County Administrator to execute a quitclaim deed to vacate a portion o~ a SW~/~MP easement across property of Donald Woodcock. (Th is noted a copy of the plat is filed with the ~apers of this Board.) Vote: Unanimous S.C.Z~.d. ACROSS ~ROPERTIES OF ~U~ORD ROAD DEVELOP~EN~ ~uthorized the Chairman cf the Ssard of Supervisor& and the the plat is filed with the papers of thi~ Board.) THE VIRGINI~ D~PARTMBNT OF TP=%NEPORTATION ROUTE On ~otion of Mr. McHale, seconded by M~. Barber, tho Board authorized the Chairman of the Bourd of Supervlsor~ and the County A4mini~tre~or ~e execute an eaeemen~ agreement with virq~nia Electric and Power Company for the relocation of llnss due to the Virginia Department of Transportation Route 360 Road Improvement Project. (It is noted that a copy cf the plat is filed with the papers of this Board.] Vote: Unanimous 8.0,25. AUTHORIZATION TO EE~E~ INTO A LEASE AGREEME[',,~ WITH THE on motion of Mr. McHalo, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a lease agreement, a~reve~ by the County Attorney, w~h the Greenfield Community Association for the use of the Greenfield Association Building from July t, 1997 to August 16, 1997 for the purpose of operating a teen center program. 8.C,26, AUTHORIZATION TO DESIGNATE RIGHT-OF-WAY AND VIRGINIA DEPANTMENT OF T~iNSPOETATION DRAINAGE EASEmEnTS FOR COUGAR On motion of ~r. MCHal~, s=¢onded by YLr. Barber, the Board designated right-of-way and Virginia Departmen~ of Transportation drainage ~ement~ for Cougar Trail and authorized the County Ad~inistr&tor to ~xeauta the necessary Declaration. (It is noted a copy of the plat is filed with the Vote:. Unanimou~ 8.C.27. AUTHORIZATION FOR COUNTY ABKINI~T~TOR TO ~X~CUTE ~ AREA LAMDFILL On motion of ~r. MoHale, seoonded by Mr. Barber, the Board authorized the County Administrator to execute a Declaration to ~eet the virginia Solid Waste ~anagement Regulations for the closing of the Northern Area Landfill. Vote: Unanimous 8.~.2G. AUTEORIZATION TO UTILISE COMMUNITY BN}L%NCEMENTPROGRAM On motio~ Of M~, MoHele, ~econded by ~. Bakber, the Board aDproved the utilization of $4,000 in Community Enhancement Pro~r~m funds for th= purchase and production cf promotional mate~ials for the Jefferson Davis Corridor area. Vote: Unanimous om motion of Mr. McHale, seconded by Mr. Barber, the Board approved tho u~ilization of $~5~0 in community Enhanoemen= Program funds f~r the installation of %he J. G. Honing School sign. 97-466 7/23197 8.O.29. A~RROPRIATION OF ADDITIONAL FUNDS FOR THR VIRGINIA JIIVEN!LB COMMUNITY CRIME CONTROL ACT On mo~ion of F~r. MoHale, secqnde~ by Mr. ~rber, the ~oar~ approved the acceptance of an additional $186r235~ appreDriated by tbs Gsnsral Assembly, for the virginia Juvenile Cusmunity Crime C~ntrol Act and ~p~ro~riated much fun~s~ Vote: Unanimous s.c.30, AUTHOriZATION TO TRANSFER FUNDS TO THE DEPARTMENT O~ On motion of Mr. MmMale, aecondsd by ~4r. Bsrber, the Board transferred $40,000 from the Capital Red,rye Account to the Department of General 9ervice~ to purchase a trailer to accommodate additional Commonwealth's Attorneys and support ROAD CONSTRUCTION ?ROJECTS AND SET DATE FOR PUBLIO PIPT~ ROAD PROJE~T construction projects as fellows: $400,000 for right-of-way acquisition for the Bom Air sidewalk, $480,000 fo~ design and right-of-way acquisition for Newby*s Bridge Road (East of Quells), $200,000 for right-of-way acquisition for Spring Run Road, and $362,000 for sidewalk design, right-o£-way school; and sst tbs date of August 27, 1997 a~ 7:0O p.m. for a public hearing to consid%r the appropriation of $1 million for the de~ign and right-of-way of Salem Church Road (Kingsland to Beulah). THE CHRSTERFI~LD COUNTY FAIR A~OCIATTON On motion of Mr. ~cHal~, seconded by Mr. Barber, the Board a~roved a request for a muslcal/en~rtainment ~s%ival ~armit to the Chesterfield County Fair Association for the annual chea=erfiel~ County Pair to ~e bald at th~ Chesterfiel~ Fairgrounds Complex from August 22 through August 38, 1997, subject to conditions. Vote: Unanimous AUTHORIZATION TO ESTABLISH A FULL-TIKE EURSE POSITION On motion of ~r. McCall, seconded by Mr. Barber, the Board authorized the establishment cf a full-~ims auras Dcsitlon for th~ Juvenile Dehention Center. 7/23/97 97-467 TP2tNSFER OF DALE DISTRICT THREE CENT ROAD F~NOS TO DEFRAY COST OF SFONSORIN~ THE FOURTEENTH ANNUAL NATIONAL NIGHT GUT KICE-OPF ~' On motion of Mr, McHale, seconded by Mr. Barber, the Board transferred $800 in Dale District Three Cent Road Funds to the Police Department to defray cost of sponsoring the 14t~ Annual National Night Out Kickoff event, Vote: Unanimous TRANSFER OF MATOACA DISTRICT STREETLI~HT FUNDS FOR COUrTYArD AND LANDSCAPING PROJECT AT CLOVER RILL On motion of Mr. MoHalk, s~conded by Mr. Barber, the Bo~rd %ransferre~ $5,QQQ in Ma~oaea District stree~ligh~ Funds to t~e School Board for courtyard mhd landscaping project a~ Clover Vo~e: Unanimous On mo~ion of Mr. McBale, seconded by Mr. Barber, th~ Board t~ansfe~ed S2,0O0 from the Dale District ~hree Cent Rood Fund for purchase of a replacement playground swing set at Iron Bridge Park. Vote: Unanimous 8.C.$7. TI~ANffi~ER OF CLO~ER HILL DISTRICT THREE CENT ROAD FUI~DS TO REPLACE EALLFIBLD LIGHTIN~ AT ROOEWOOD PARK On motion of Mr, Ro~ale, seconded by Mr. Barber, thc Board transferred $~z73Q in Clover Hill District Three Cen~ Road Fund~ to t~e Par~s and Reereatiun Department to replace ballfield lighting at Field #? a= Rook~ood Par~. DEPARTMENT OF TRANSPORTATION FOR THE DESIGN OF THE On motion of Mr. ~cHale, seconded by Mr. Barber, th~ Board appropriated $250,00~ in antioipate~ virginia Departmen~ of Transportation reimbur~ement~ for th~ d~ign of %he Route 10 widening from 1-95 to Meadowville Road. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE SUBORDINATION A~RBE~ENT FOR PROPERTY LOCATED AT ~i~ 80UTN STREET, ETTBICK @n mo=ion of ~r, ~oHalo, seconded by Mr. Barber, ~he Board a~tko~ized the Cp~nty Administrator to eX.cute a subordination agreement for property louate~ at 5~13 Souuh $~ee~, ==trick, Virginia, in a formed approved by the County Attorney. Vote: Unanimou~ 97-468 AUTHORIZATION TO EXERCISE EMINENT DOlL%IN FOR THE ACQUISITION OF A PARCEL CF LAND TO PROVIDE A PEIhHANENT ACCESS BET~EE~ THE ATHLETIC FACILITIES AT PROFIDENCE authorized the County Attorney to proceed with eminent domain for the acquisition of a parcel of land to provide a per~anent access between the athletic facilities at Providence Kiddle School ~nd Davi~ Elementary School from Podia B- Wright and Vote: Unanimoum B.C.19. APPROVAL OF REOUEST FROM LIBERTY PROPERTY TRUST TO USE H P WAY AS A STREET NA~E IN THE RIVERS BEND I~DUSTRIAL Mr. McHale noted that H P Way has no punctuation us noted in the A~anda item. on motion of Mr. Morale, seconded by Mrs. t~umphrey, ~he ~oard as a street numa in the Rivers Bend Industrial Park. Vote: Unanimous Mr. MoHale introduced Mr. Richard Deep, Manager of H P'e present at the meeting. Mr. Deep stated that the name B P Wa~ ~s a way of doing b~eiaess and a way of relating to both its employees, sha~e~olders, and the community. He expressed appreciation to the Doard for the opportunity to locate in Chesterfield County and to be a good corporate neighbor. lo. NK~INGM OF CiTIZNNM ON UNSCHEDULED )I~TTERE OR CLAIMS There were no Hearings of Citizens on Unschedule~ Matters or Claire at this time. on motion of Mr. McHale, ueucnded by Mr. Berber, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a statum report on the General Fund Balance; Reserve for Future Cep~tel Project~; Dis~rict Road and Street Light Funds; and Lease And. fur=her, =he Board accepted =he following roads into t~e Secondary State System: ~eute 3422 (Bonnie Brae Court) - From Route 97-469 MiC~AUX CREEK. SECTION D - ~Effective Route 951 (Miehau~ Branch Terrace) - Fromm. Route 976 to 0.11 mile Northwest Route 976' 0_11 Mi RIVA~R'S CREST Reut~ 3576 (Rivervi~w Cou~t) - From 0.10 mils west Route 3575 to Q.Q2 mile East Route 3575 0.12 Mi Raute 3575 (River¥iew Drive) - From Route 3~76 to Route 746 0.18 Mi WOODLAND POND, SECTION 9 - ~Ef£ective Route 3693 (Igret Court) - From 0.22 mile Southwest Route 3692 to Route 3692 0.23 Mi Rout~ 3692 (Egret Lane) ~ From 0.43 mile vo~e: Unanimous 9. on ~otio~ Of Mr- ~cHale, seconded by Mr. Berber, the Board w~nt into an E~ecutive Sea,ion Pursuant to Section 2.1-344A.1~, Code of Virqinia, 1~50, a~ amended, relating to the a~ignment, eppoin~men% and promotion of ~pecific ~ubli~ officisl~ in Ch~¢t~rfield County. Reconvenin~: On motion of ~r. HcBale~ s~conded by ~r. Barber, the ~oard ~dOpted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into ~outive Session in accordance with a formal vote of the Board and in accordance with the provisions of th~ Virginia Freedom of Information Act; and W~B~A$, the Virginia Freedom of Information Act effective July 1, 1989 p~ovides for certification that such Executive Session was ~onduc~d in conformity with law. NOW, T~tR~FORE Bt IT RESOLVED, the Board of Supervisors doom hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirement~ ~d~ the F~eedom of Information ACt were discussed in the Executive session to which this certification applies, and ii} only such public business ~atters ae wets identified in the Me, ion by which the Executive Se~eion wac ~onven~d w~ra heard, discus~ed~ or oonsidersd by the Board. No member dissents ~rom this oer~iflcatisn. The Bear~ being Dolled, the v~te was as f~lle~s: Mr. MeHale : Aye. Mr. Qaniel : Aye, Mr. Barber : Aye. ~rs. ~umphrey : Aye. Mr. Warren : Aye. ~7-470 susDendsd it~ rule~ at this tim~ to amend th~ aq~nda and add an item for appruva~ o£ appointment of Mr. James J. Lo Stegmaiar as Deputy County Administratcr for Manaqement Services. Vote: Unanimous Mr. Ramsay stated that thc County Chartsr provides that the County Administrator appoint Deputy County Administrators upon the approval of the Board of Supervisors. Be further stated that as the result c~ the upcoming retirement of Er. Robert Rt, stegmaier as Qeputy county A~mini~rator for Management ~ervices. Mr. 0aniel made a motion, seconded by Mr. KcHale, for the Board Dehuty County Administrator for Manaqement ~ervices. Hfs. Humphrey stated that durinq her last eighteen mentha in County ~overnment, there have ba~n many heros in the County's or~anization~ She commended Mr. $~epmaier for his efforts regarding the Ccunty's ~ud~et and congratulated him upon his promotion. Mr. Warren stated that ~r. ~tsgmalsr ham stranded many community ~eetinq~ rsgardin~ the County's Budget and commended him for his effer=s. Mr. Warren called for the vote o~ ~he ~c~ion made by ~r. Daniel, seconded by Mr. McHaI~, for the Board to approve the appointment of Mr. James J. L, $~egmaier as Deputy County Administrator for Management S~rvices. Vote: Unanimous Mr. Ramsay introduced Mr. 9tegmaler, Mr. Ha~er, and ~5~. Stith. He noted that ~r. Namer will be moving from ~e responsibilities of Deputy County Administrator for Eanaqement Services to Deputy County Administrator for Human Services. He then introduced M~, Ka~la Gemner, who has been appointed, effsctiYe July 2~, 1997, as Director of Muman Resource ~ana~emsnt, and ~r, Scott Zarsmaba and Ms. ~ary ~artin, who have been appointed as Assistant Directors to Human Resource Management. He stated that Mrs. Rebecca Dickson will be serving as Acting Budget Director. He further stated that Ms. Marilyn Cole will be assuming additional responsibilities including coordinating functions in th~ Clerk to the Board of Supervisors Office, Total Quality Improvement efforts, and Intergovernmental R~lationE. Ne further ntat~d that M~. ~ary Ann Curtin has been appointed as Director of Intergovernmental Relatlons, effective ~uly 28, 1997. He stated that the County is fortunate to have such a stable organization for e number of year~ and ~onu~end~d thes~ employ~e~ for their ~f~ort~ and upon their promotions. ~r. Warren recognized Mr, Will Jones, Richmond Times-Dispatch r~porter, who recently became ~he proud parent of a new baby ~oy and congratulated him and his ~ifs. 7123/~7 12. DZI~I~ER On motion of Mr. Barber, seconded by Mr. Daniel~ the ~oa~d recessed to the Administration 5uilding, Room 502, for dinner. Vote: Unanimous Reconvenlng: 13, I~VOCATION Mr. Jack Wilson qave the invocation. 14. PLEDGE OF ALLEGI~CE TO TKE ELAG OF T~E UNITED ~TA~E~ OF ~4~RIC~ Mr. Jonathan ~oore led the Pledge of Alleglanco to th~ Plag o~ the United states of America. 15. R~SOLUTIONZ ~/~b SPECIAL R~COGNITIONS "RIGHT ~HOI~ES" M~A2INE Mr. Ha~mmer {ntrcduced ~r- J~nathan R. Moore who ~as ~r~sent £o~ th~ recognition. Mrs. ~u~phrey stated that Jonathan ia the son cf Mr. ~ddie N. Moore, President of virginia State University, End M~s_ Elisia Moore. She further stated that JQnathan was the Valedictorian ~t Matoaca High Schogt this pa~t year and wa~ featured on the cover of "Right Choices" Magaziae -- a ~ehelastic college preparatory magazine~ Shs then pre,anted Mr. Moore with a frame4 plaqu~ displaying a copy of his phe~ograph and article that appeared in "Right Choices" Magazine and comm~nded him ou hi~ outstanding academic achievements. ~Lr. ~eere exgressed appreciation fo~ the reougnltlon End to hi~ ~.B.1, MR. BRITTON L, AR~STRON~. TROOP 879 On motion of the Board, tbs following rs$olutlen was adopted: WHEREAS, the Boy Scouts of Amerlsa ~as incorporated by Mr. William D. Boyce on February ~, 1910; and WHEREAS, the ~oy Scout~ of America was founded to promote citizenship training, personal development, and fitness of WHEREAS, after earning at lea~t t~enty-oD~ mcri~ ba~ge~ in a wide variety of fields, serving in a leadership position in a troop, carrying out a servic~ project beneficial to his coFa~unity~ being active in the t~ocp, d~mon~tratin~ Scout ~plrit, and living up to the Scout Oath and Law; WHEREAS, ~r. ~rittcn L. Armstrong, Treed 879, ~9en~ored by Saint Mark's United Methodist Church, has accomplished those high standarde of commitment and has reached the long-s0ught ~oal of Eagle Scout which i~ reeeive~ by less than two of those individuals entering the Scouting movement; and 9?-472 WHEREAS, growing through his exp~rience~ in Scouting, learning the l~s$ons Of responsible oitizen~hip, and priding himself en the great accomplishments of his County, Britton is indeed a member of a new generation of prepared young citizens of whum we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Ches~erfleld County Board of Supervisors hereby ~xtends its congratulations to Mr. Britton L. Armstrong and acknowledges the good fertunm of the County to have such an outstanding young man as one of its citizens. Vote: Unanimous (It ia noted that Mr. Armatrong was unable to attend the m~e~ing and that staff will forward the r~olutfon to him.} 15.E,~. ~. ~T~/%ILEY V. i~9/~STRONS~ TROOP 8?9 On motion of the Beard, the following resolution wa~ adopted: WHEreAS, the Boy Scouts of ~rica was incorporated by Mr. william D. Bmyce On February S, l~lO: and WHEREAS, the Boy Scouts of A~erica was founded to prcmot~ citizenship training, personal development, and fitness of individuals; and WHEREAS, after earnin~ at least twenty-one merit badges in a wide verlety of fields$ serving in a leadership position in a troop, carrying out a servi~ project beneficial to mia community, being ~ctive in the troop, demonstrating Scout spirit~ an~ living up to the Scout oath and Law~ and WHEREAS, KT. Stanley V. Armstrong, Troop 87~, sponsored by Saint Mark'~ United Methodint Church, ha~ accomplished tho~e h~gh standards of commitment and has reached the long-sought of thn~s individuals entering the Scouting movement; and learning the lessons of responsible citizenship, and priding indeed a member of a new generation of prepared young citizens County Board of Supervisors hereby extends its congratulations to PLT. Stanley V. ~mstrong and acknowledges the good fortune its citizens. meeting and Chat staXf will forward the resolution to him.) 15oBo$, MR? ALAN BRIGflB, TROOP 897 On motion of the Boa~d, the following ~esolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by ~r. William D. Beyoe on ~ebruary 8, 1910; and W~R~AS, the ~ey Scouts uS America waa founded to promuts citizenshi~ training, personal development, and fitnes~ of individuals; an~ 7/~3/97 97-473 WHEREAS, a£te~ earning at leaet twenty-ore merit badges in a wide variety of fields, ~erving iu ~ leadership position in a troopl carrying out a eervlce project beneficial to his community, being aet~ve in the t.roop~ 'demonstrating Scout spirit, and living up to the Scout oath and Law~ and W~EREAS~ Mr. Alan W. Briggs, Truop 897, ~ponsored by Mount Pisgah United Methodist Chu~eh~ has aouempllehed thoee high standards of commitnent and has r~ached the long-sought goal of Eagle Scout which is received ~y leee than ~we percent o~ those individuals enterinq the 9coating movement; and WHEREAS, qrowing through his experiences in Ecouting, learning =he ieseone of responsible citizenship, and priding himself on the great accomplishment= of hi~ County, Alan is indeed a member efa new generation of prepared young citizens NOW, THEREFORE BE IT R~$OLVED, that the Chesterfield County ~eard of Supervisors hereby extends its congratulations to Mr. Alan ~. Brings and acknowledges th~ good fortun~ Of the County to have ~uch an outstanding young msn as one of its Vote; Unanimous accompanied by ~embers of his family, eonq~atulated him on his outstanding achiuvumunt, an~ wiehed him well in his future Mr. Brigge expressed appreciation for the recognition. COMMUNITY ~ERVI~E Mr. stith introduced ~s. Elizabeth L~onardo and Officer Jerry Neitherland, who were present to steep% the resolution. On motie~ of ~he Board, the folluwin~ re~olution was adopted: WH~AS, Ches~erfiel~ County ie committed to bein~ the safest and most secure community of its size in America; and WHEREAS, n~i~hborhood watch programs ere an effectiv~ organizational tool in the fight against crime? WHEREAS, ~0 C~mmunlcatlon~ ha~ dramatically improved ability of nine n~iqhborhood watch organizatXens to combat crime by dona=in~ nine cellular telephones; and WHEREAS, all chesterfield County residents will benefit from thi~ g~nerous act of community-spirited eupport for law enforcement; and WHEREAS~ it is appropriate to recognize such exemplary corporate citizenship. NOW, TEEREFORE BE IT R£SOLVED, that the Chesterfield County Board of Supervisors publicly recognizes 360 Communications and ~×presses its appreciation £er their outstanding contributions to public ~afety in Chesterfield county. 97-474 AND, BE IT FURTHER RESOLVED, that a copy o~ this resolution be presented to 360 Communications and that this resol~tio~ b~ permanently recorded among the papers of this Board of supervisors of chesterfield County, virginia. ve~a: Unanimous Mr. Warren and officer Neitherland, with the Chesterfield County Police Department, presented the executed re=olutlon to MS. Leonardo, representing 360 Communications, expressed appreciatien for their contributions to th~ County in assisting in public safety, ~nd wished them future success. Officer Neitherland expressed appreciation to Ms. Leenardo for their contrihution~ to th~ Coun[~ in fighting crime. M~. Leonardo stated that S6O Communications is e~cite~ ~bcut participating in a community program that assist the County in being a safe place to live and work. lS.D. REUOONIZINO CLOVHRLEA~ KALL UPON ITS TWENTY-FIFTH Mr. stith introduced Mr. Jay La£1sr who was preaen% ho accept the r~olution. On motion of the Board, the following resolution was adopted: W~EREAS, Cloverleaf Mall first opened its doors to customers on August 15, 1972 and was the ~irst regional mall in the Richmond Metropolitan area; and WHEreAS, over th~ years, Cloverleaf Mall has supported numerous local retailers, including La Vogue, Mortimores, Mofheimers, Jay Alden's, and Sight and ~ound, which evolved into Circuit City; and WHEREAS, Cloverleaf Mall is an active, vital pert of its community and has donated $40,00Q to Chesterfield County Schools ~hrough its School Cash Program and ha~ supported numerous non-pre,it organizations, including the National Kidney Foundation of Virginia; th~ ~outh Alcohol and Drug Abuse Prevention Program (YADAPP); the Youth Alcohol and Drug Abuse Prsven~ien Program Council; the YMCA; Rainbow Kids; Big Brothers/Big Si~ters; and Prevent Chil~ Abu~ W~EREAS, Cloverleaf ~all has initiated and implemented prevention, ~ire preventicn~ traffic, safety, child safety seat use, and healthy life~tyle~; and WHEREA~, Cloverleaf Mall is committed to ensuring the safety and economic viability of the mall and ~he entire eastern Midlothian corridor and has worked closely with Chg~bsrfield County officials, the Chesterfield ~elise Department, the Chesterfield Fire Department, the ~ateway Association, local ~erchants, a~d concerned citizens toward WHEREAS, at the direction of its owners, Zamias Services, Tncorporated, Cloverleaf ~all i~ undertaking an a~itiou~ renovation plan that includes security improvements, en in-mall police substatlon~ ~nhan~ement~ to the Mall's exterior ~d food court area, and a rigorous search for unique merchants; and 7/23197 WHeReAS, Cloverleaf Mall has many loyal customers who ~hopped at th~ Ma21 when it first opened and continue to ~hop there today and who view the Mall as their hometown shopping center; and WH~R~A~, Cloverleaf Mall is committed to providing its customers and employees with outstanding service, selection, and savings in a safe, fun, family-oriented environment for years to come. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of ~uDervisors publicly congraaalates cloverleaf ~all upon it~ 25th Anniversary and for it~ out~t&ndin9 con~rlbutlon= to Chesterfield County. Vote: Unanimous Er. Warren presented =he executed resolution to Mr. Lafle~ congratulated them upon their twenty-fifty anniversary, expressed apprs~iation to then for their contributions to the County, and wished them future success. ~_r. Lafler expressed appr~clation for th~ recognition. P/rs. Humphrey noted that Cloverleaf Mall hosted one of the County's post-prom parties in an effort to assist the County in promoting alcohol and drug-free prom parties. Fzr. Warren r~cognized students from J. Sergeant Reynolds Community college interpreter class, who were present ut the meeting working on a class project. PUBLIC H~J~RINGS TO ~ONEIDER THE SALE OF SURPLU~ COUNTY PROPERTY ON WILTON ROAD TO DAVID A. ~L%RLOW~ JR. ~r. Stith state~ that this da=e and time has Peen advertised for a public to c0neider the sale uf surplus County property on wii~on Rea~ to David A. ~arlow, Jr. Mr. Me,ale noted that the Droper~y is looate~ in t~e Bermuda District and net Matoasa District as noted in the agenda item. No one oame forward to ~peak in favor of or against this issue. On motion of Mr. McMale, ascended by Mrs_ Kumphrey, the Board accepted an offer from David A. Barlow, Jr., in the amoun~ of $4,082.82~ fur thc purchase of a parcel of land containing 0.3479 acres on Wilton Road and authorized %he Chairman cf the Board of Supervisors and the County Administrator to sigq the necessary deed. (It is norad ~hat a copy of %he plat is filed with the paperm of thi~ Board.) Vote: Unanimous · ~.B. TO CONSIDER THE SALE OB SURPLUS OOU~TY PROPERTY ALONG MIDLOT~IkNTURNPIKE TO NORTE A~ERIC~-NRROPE~TIES-AT~b~TA Mr. stith stated that this dat~ and time has been advertised for a p~blic h~aring ~o consider th~ sale o£ surplus County property =long Midlothian Turnpike (U.S. Route 60) to North American Properties-Atlanta L.L.C. ~o One came forward %o spear in favor of or agaln~t thi~ ismue. accepted an offer from American Propertie0-Atlanta L.L.C.~ in tko amount cf $104,100.00~ for the purchase of ~ parcel of land containing 0.347 acres located north cf Midlothian Turnpike (U.$. Route 60) and authorized the Chairman of the Board or Supervisors and the County Administrator to sign the n~¢essary deed. (It is noted that a copy of the plat is filed with the Vote: Unanimous REENACTING SECTION 11-32 RELATIN~ TO UNL~WPUL CONDITIONS OF WEEDS, G~AS~, S~UE~ERY. TREES, AND OTHER VEGETATIO~ ~DNER~LLY Mr, Micas ~ta~ed that this date and time ha~ been ~dv~rti~d for a public hearing to consider an ordinance relating to unlawful condition~ of wced~, gra~, shrubbery, trees, and other vegetation generally. No one came forward to speak in favor of or against this ordinance. ~r. Daniel stated this ordinance wam initiated ~everal year~ ago by a neighborhood coalition and that there was no mechanism to pursue occupied property. ~ further ~tate~ that he adoption of this ordinance is a step in the right direction. on motion oS Mr. Mo~ale, ssssnded by Mr. Daniel, the Board adopted the following ordinance: AN ORDINANCE TO AN~ND T~E CODE OF TEE COUNTY OF C~STERFIELD, 1997, AS ANENDED, BY A]~ENDING AND REENACTIng SECTION 11-3~ RELATING TO UNLAWFUL CONDITIONS OF WEEDS, G~SS, SHRUBBERY, BE IT ORDAINED by th~ Board of Supervisors of Chesterfield County: [1) That Section 11-3~ of the Cods of the County of Chesterfield, ~997, am amended, is amended and reenacte~ to read as follows: SmD. 11-~, Unlawful conditions of weeds~ ~rasm, shrubberV, trees and other vecetation (~} (1) NO owner of ~ny vacant developed or undeveloped property, including proper%y upon which buildings or other improva~enta are located, within the boundaries of plmtted subdivisions or any other area~ $on~ ~or residential, business, commercial or indu=trial u~e in the county uncontrolled vegetation in excess of 18 inches in height. (~) No owner cf any lot or parcel of land shall permit to grow or remain thereon any hedge, shrub~ tree or other vegetation, the limbs, branches er other parts of which overhang, extend or protrude into any street, sidewalk or public all~y in a manner which obstructs or impedes the safe and orderly ~ove~ent of persons or Vehicles thereon, o~ in the ca~e of tr~s$, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk, thereby e~dangering such persons and vehicles. ~/~/~v 97-477 (3) No owner'of occupied ~asidential ~eal p~operty shall permit to remain on such property or any part thereof a grass er lawn area Gf less than cna-half agra when growth on such grass cr lawn area. exceeds 12 inches in height. This paragraph shall not apply to land zoned for or in an ac%ire farming operation. (4) Upon remedying any such unlawful condition, the owner shall diapo~e of ~uch vegetation in a manner that eliminates any potential firg hazard. (b) Whenever the county administrator, or the of£ioiat designated by him, has determined by reports, inspections or otherwise, that any such unlawful cQn~ition exists, ke shall notify th~ owner of th~ land upon which the violation exist~ to cut or cause tu be Gut the grass, weed~, brush or other ~eo~t~olled vegetatio~ Within such reasonable time as is specified in the notice. Such notice shall be in writing, shall be delivered by hand or mailed to the last known address of the owner and shall be complied wi~h by thc owner. vegetation are not cut within the required time, the c~unty e~icial designated by the county administrator shall administrative hsndlinq charge of $35.00, shall be billed to the property owner and if not paid shall bu added to and property. The county administrator or his designee shall certify the costs and expenses to the treasurer of the court=y, who nhall collect such a~ount; an~ ~f suGh amount shall remain unpaid for a period of 60 days, then the treasurer shall certify such charges as being unpaid to the clerk of the circuit cou~t of the county, who shall maintain a record hook of each dellnguent costs and expenses in the records cC the clerk's office. Every charge authorized by this section as a result of a violation cf paragraph (a) (1) with which the owner and lien holder of any such property shall have been and which remains unpaid shall constitute a lien agains~ such property ranking on a parlay with liens for unpaid local taxes and shall be enforceable in the same manner as provided in Code of virginia, tit. 58.1, ch. ~9, ar~s. 3 and 4, as a~ended, (o) Any owner who violates paragraph (a) (1) of this section shall be guilty cf a class 4 misdemeanor. Any violation of p~ragraph (a)(~] of thi~ ~ection shall be punishable by a civil psnal~y not ~G exceed $1oo.oo. (code 1975, ~ 1Q-19.1; Or~. cf 6212-96~ ~ 1) s=a~e law reference(si--Authorized Dy code of Virginia, 15.1-11, 15.1-11.0!. (2) That thim ordinance shall become ~ffmctive upon adoption 16.D. TO CON~IDER ~N ORDIN~-NCE TO AMEND TH~ DEVELOPMENT ST~d~DARDS ~AL i~97, A~ /ti{ENDED, BY AME~DIN~ AND DEVELOPMENT STANDARDS F~. Jucobson stab=d that this data and tim~ has been advertised for a public hearing to consider an ordinance rela~ing to exceptional development standards. 97-~78 ~Lr. George Beadle~ e~pres~ed concern~ relative to the electric ~o~t of the ~trsetllghto in the Village of chester. There being no one else to addrea~ this ordinance, the publiG hearing was closed. Mr. MeHale stated that these streetlights are a public safety i~sue. He further stated that by changing the standard, cost i~ actually reduced and visual appeal and saf~by are enhanced. He ~tatsd that he feels this ordinance iEa ~tsp in the right direction and that the ordinance is strongly supp$rted by the Chester area residents. On motion of Mr. ~cHal~, seconded by ~r. Barber, th~ Board adopted ~he following ordinance: AN ORDINANCE TO AMEND THE DEVELOPMENT STANDARDS MANUAL ~997, AS AMENDED, BY AMENDING AND REENACTING SECTION I9-608 RELATING . TO EXCEPTIONAL DEVELOPNENT STANDARDS BE IT OP~DkINED by the Board of Supervisors of chesterfield county: (1) That section 19-6Q8 of the Develo~ment standards follows: ~ec. 19-60R. E~ce~tiooal development standardo. (d) streetlighting: within the Chester Village Areas, ~treetlighting shall be required of all new er expanded projects except for single-family dwellings. St~eetlight fixtures, poles and lamp types s~all be oonsistent ~long any given street. Selected streetlight~ shall be ~f a d~sign in keeping with the small-seals, pedestrian-oriented character 0% the villag~ and shall be sompatible ~ith existing and site plan approval. Fixture mounting heights shall bs twelve {12) feet above the adjacent street elevation along Route 10, Che~ter Road and Karrowgat~ Road and ten (10) f~et abov~ the adjaasnt street elevation along all other streets. Streetlights shall be installed on each sid~ of a struet. On each ~ide of a~y street, lights shall be installed 15o fast on ~entar and lights on opposite sides of any one street shall b~ spaced 7S feat on oenter with the lights on the oLher ~ide ef the street. Spacing requirements may be modified through site plan re~iew where physical oenstrslnte preclude eu~h spacing. (code 1978~ ~ 21.1-255,4} (2) T~at t~is ordinance shall become effective upon adoption. Veto: Unanimcu~ i~,E- TO ~ON8IDERANBRDINANCE TO AMEND THE CODE O~ T~E COUNTY OF ~HES~ERFIELD, 1997, AB AMENDED, BY A~DING CNAPTER 12, ~RTICLE V, ~ECTIONS 12-60, 12-61, 12-62 AND Mr. ~ica$ stated that this date and time has been advertised for a public hearinq to consider an ordinance relating to ~isshar~es %o the store water sewer system. He further stated that if the Board adopts this ordinance, staff reco~ends the effective date bs delayed until November 1, 1997 in an effort to educate businesses and citizens within the Ceun~y. Ther~ was brief diseusslon relative to tho procuss of enforcement as it relates to the implementation of thi~ ordinance. Mr. ~corge ~eadle~ ~tat~d h= ~upport~ the ordinance and that he feels it is a step in the right direction. There being no one els~ to addre~ thi~ ordinance, the public he,ring was closed. Mrs. Humphrey stated that this ordinance is mandated by ~edaral government. Mr. Warren stated that he supports the proposed ordinance as it a££~ots the discharge oS pollutants, even %hough it is another example of federal mandate. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO ~END THE CODE OF THE COUNTy OF C~$T~RFiELQ, t997, AS AMENDED, 5Y ADDING CHAPTER 12, ARTICLE V, SECTION~ 12-60, 12-61, 12-62 ANO I~-63, RELATING TO DISCHARGES TO T~ STOR~ WATER S~W~R D~ IT ORDAINED by the Doard of Supervisors of Chesterfield County: (1) That Chapter 12 of the Code of the County of Chesterfield, 1~?, a~ a~snd~d~ is ~esnde~ by adding Article V, Sec=ions 12-S0~ 12-61, 12-62 and 12-63, to read as fullows: ARTICLE V, DISCHARGES TO THE When use~ in ~his article, the following terns shall have the following meanings: a. Administrator: The Water Quality Administrator or the Water Quality Administrator's b. Discharge: To dispose, depssit, spill, Dour, which is disposed, deposited, spilled, poured, injected, c. Illicit Discharge: Any discharge to the ~torm except (i) discharges pursuant to a VEDES or NPD~ pereit, discharges resulting from fire fiqhtimg activities and (iii) discharges listed in section 12-61(b) unless such ~re identified by the County as sources of pollutants of ~aters Q£ =he United Sta~es ~ursuant to Section 7~23/97 d. Industrial Waste~: Wastes ru~ulting from any process of industry, manufacture, trade or business, or from the dcvelopmen~ of any natural resource. ~ational Pollutant Discharge Elimination (NPDE$) Permit: The permit i~sued by the federal government for imposing and enforeinq Dretreatment requirements pursuant to the Federal Clean Water Act. f. Other Wastes: Waste= that can adversely affect waters of the United Status when discharged into those waters, including~ but not limited to, garbage, fertilizer, ashes, offal, tar, palnt~ ~olvente~ ~etroleum products, antifreeze and g. Person: An individual, association, partnership, corporation, munisipality~ state or federal agency, er an agent or employee of any such person. h, Sanitary sewer Line: An underground con~ui~ =~at collects and delivers sanitary wastewater to a wastewater conveyances located within hh~ County which ar~ d~signed or used for collecting, storing er conveying ztorm wa~er or including but not l~mlted to reads, municipal strs~t~, catch ba~in~, drop inlets, curbs, gutters, ditches, pipes, lakes, detention and infiltration basins and other facilities. k. Surface Waters: Ail water~ that run acro~s the surface of land, including but not limited to natural or man- made ponds, lakes, impoundments, rivers, ~tream~ ~including intermittent and ephemeral streams), natural or man-made water seurses and tidal and non-tidal wetlands~ except that waste the requirements of the Federal Clean Water Act shall not surface waters. 1. Virginia Pollutan~ Discharge =limitation system (VPDEE): The ~ermit issued by the State of Virginia for imposing and enforcing pretreatment requirements 9ur=uant to th~ Federal Clean Water Act. n- Waters of the County: All w&t~rs, w~ether ent~ surface or under the ground, that are wholly or par~ially within er borderin~ the County. on the surface or un, er the ground, the use, degradation, or ~e~truc=ion of which would affect or could affect interstate er foreign commerce, including but not limited to lakes, rivers, streams (including intermittent and ephemeral stream~), nudflats, sandfl~t$, wetlands, sloughs, holee~ wet meadew~ ~laya lakes &~d ~at~r~t pOnd~, except that to meet the requirements of the Federal Cle~n Water Act shall 7Ig3/~7 97-481 Wetlands: Land that is inundated or saturated by surface or groundwater ah a frequency and duration sufficient tO support~ and that unde~ normal circumstances does ~upport~ a prevalence of vegetation typically adapted for life in saturated soil scnditicns~ ~enerally insludin~ but not limited ~ 12-~1. Prohibited Discharge to the Storm'Water 9ewe~ (a) It shall be unlawful to: 1. Cause or allow illicit discharges to ~he storm sewer system or to waters of the County; 2. Cause or allow the discharge o~ industrial system sr to w&ter~ of the County a VPDES or NPDES permit; 3. Violate any condition or provision of this article; and Csunty, without a VPDE9 er NPDES permit, any structure that ~onv~ys any liquid other than storm water or discharges listed in paragraph (b) of this section, inoludinq but net limited to pipes, drains, sanitary sewer lin~s, washing machine drains or floor drains. (b) Subject ts the provisions of paragraph (s) of ~hia seotien, the following ao~ivi~ie~ ~h~ll not ~e unlaw£ul illicit discharges: 1. Water line flushing; 2. Landsoap~ irrigation; 3. Diverted stream flows or ~iuing groundwaters; 4. Infiltration of uncontaminated groundwater; ~. pumpin~ o~ uncontaminated groundwater; 6. Discharges from potable water sources, foundation drains, irriga=ion water, springs, water from crawl spaces or footing drains; 7. Air conditioning ~ondensatlon; 8. Lawn watering; 9. Residential car washing; 10. Deohlorinated swimming pool dischar~es$ and ll. Public street washing. (G) TE any activity listed in paragraph (b) of this section is found by the Administrator ~o be a source of pollutants to waters of the United States, ~he Administrator shall serve a written notice on the party responsible for the activity which orders that the activity be ceased or conducted in a manner that will avoid the discharge of pollutants to the storm sewer sys%am or wa=ers of ~he coun=y. The notice s~all state the date by ~hieh th~ activity shall cease or be conducted without pollution. Failure to comply with any such order within the time stated in the notice shall constitute violation of paragraph [a)(3} of t~ie section. The Administrator shall have the authority to insDsot and monltor discharges and sources cf potential discharge to the storm sewsr systsm to ensure compliance with this Artiols, including the authority to enter upon private property to 7/~/~7 inspect or monitor such discharges or sources of potential discharge. The Administrator ~hall also hav~ the authority to initiate enforcement actions iN accordance with section 12-63. ~ 12-63. Penalties for Violaticns of Artiste. A. Any person who knowingly violate~ any provi~ion of this article shall be guilty of a Class 1 misdemeanor. Each dey that such violation is committed, and each day that such violation is permitted to remain uncorrected shall constitute a separate offense. B. Any person who otherwise violates any provision cf this article shall be subject to a civil penalty between $~5~ and $~000 for each day that the violation continuem. The court a~sesslng such civil penalty may order the penalty to be paid into the treasury of the County and designated for the purpose of minimizing, preventing~ managing or mitigating pollution of the waters of the County. Any person who violates any provision of %hi~ article shall be responsiblm far tasting, ~entaining, ~leaning up, abating, removing and disposing of any sub~tance unlmwfully the violation can b~st be accomplished ~y the County, mhall he unlawfully discharge~ into the storm sewer system or into w~ter~ of the C~unty. That this ordinance shall become effective on November 1, 1997. Vote: Unanimoum 1e-1o4, 18-1o8, 18-1o9, 18-111 A~D 18-113 AND BY ADDIN~ ~r. Nicas stated that this dat~ and ti~e has been advertised for a public hearing to consider an ordinanc~ relating to water ~r. George B~adl~ ~tated that h~ ~upport~ the proposed ordinance. There being no one to address this ordinance, the public hearing was closed. increasing the amount cf pollutants that can be discharged to th~ wastewater ~y~tem; the ability of ~he treatment plant to remeve tress a~Ritional pollutants; and provisions in .the ordinance that ~llow~ for the flexibility in ~dju~tment of extremely high utility bills. 7123/97 97-483 On motion u~ gr. ~arber, seconded ~y Mr. Warren, tho Board adopted the following ordinance: AN ORDINAKCE TO A~BND THE CODE OF THE COUNTY OF CEESTERFIELD, 1997, AS ~2~E~DED, BY AMENDING AND RE-ENACTING ~ECTION~ 1B-ii, 18-23, 15-$0, 18-33t 18-54~ 15-61~ 18-91~ 18-93t 18-94t 18-96, 18-97, 15-100, 18-104, 18-108, lS-109, 15-111 A~D !8-113 A~D BY ADDING A NEW SECTION lS-55.1 RELATING TO WATER AND SEWERS BE IT ORDAINED by the Board cf ~npe~viso~s of chostar£ield County: (1) That Chanter 18 of tho Cods of the Countv cf ~heste~fi~ld, 1997, as amended, is amanded and re-enacted to road as follows: SOO. 18--22. Connection fees. (o) The mePer and water service linc installation charge ~hall (3) For inmtalling r~siduntial outside usu meters using existing service lines: $375.00. (4) The meter and wate~ ~ervice line inutallation charge for meters that are larger %hen two inches shall be thm actual cost that the county incurred to install tho meter Dlus 25 percent. (e) Residential property owners who apply for a utility connection ~sy pay the connection fee in 36 monthly iostallments. Interest at a ra~e of two percent above t~e prime ~ate that is published in the Wall Street Journal on the day that the residential consumer executes thoin~tallmeDt oonPract shall be added to all connection f~as that are paid in installmen=s. The residential csns%rm~r shall alsu pay an installment ~untract loan handling f~e of three percent and a lion recording fee that is equal to ~hs lien recording fe~ that i5 charged by the clerk of the circuit court of Chesterfield County at the =ima that the residential cunsumer aDplies =o connect to the utility system. (a) Wa~er consumers who also receive wastewater service ~ay obtain a gervic~ oonnection and meter for outside water consumption by paying tho connection foe ~ot forth in section l~-Z2(b), (c)(11 and (2). Water supplied through a meter fur out~ide water consumption shall not be used inside of a building or stru==ure and shall not be discharged into the o o o 97-484 Sec. 18-30. Termination of serviGe %or nonpayment of utility charqes~ security deposits. (c) The director shall re~uir~ all usnsumsrs who have filed a petition in bankruptcy tu provide adequate assurance of payment for future utility service in socsrdance with federal law- Sec. 1~-~3~ Adiuctiuq utility eharce~. (s} The director may adjus~ a single family r~id~ntial conzumer'e utility charges when a consumer's bilked csn~umption in a billing period is more than two times the cunsumer~ s previous average billed oonsumption~ if the directo~ determines after an investigation by the direotor and the consumer that the increased consumption is unexplainable and, therefore, li~ely ~ue =o a leak, me=er error, or other e~planation not r~lated to actual consumption. Such an adjustment shall be bass~ un the average billed consumption and sh~ll only be given to a consumer for one billing p~riod avery bh~ee years. Sec. 18-54. Refunds for oversized facilities. (c) The developer shall receive 55 percent of each capital cost rgcovery charg~ that th~ county haE collected until the eligible coot of oYerslz~ng is refunded. The c~unty may ~ermit cash refunds in ~ition to or in lieu of capital cost recovery charge refunds for svermizing, when the d~rectsr ~ete~mines thaL th~ ovsrsizing was necessary for ~he orderly expansien of the u=ility system. sec. 18-55.1. Bas~ for calsulatin~ off-site and oversized refunds- (a) The off-site and oversized refunds ~hall be based on a Set Pric= Reimbursement Schedule ~tabli~h~d by tho director. (b) The developer shall became eligible fo~ ~essiving off-site and oversized refunds when (i) the utility 1loss er facilities ar= placed in ~ervice and (ii) the developer submits to the director a final quantity and actual cost statement- o o o 18-61. ExeeDtions to use of utility systems. The board of supervisors ~ay grant an ~xception to the requirements of ~ction l~-~0 when: o o o ARTICLE IV. INDUSTRIAL WASTE D!$CHARQ~* SeC- 18~91- Definition~. (a) For the purposes of this article the £ollowing terms shall have the following meaningo: (1) BCD or biochemical oxygen demand: The amount of oxygen that is used in the biochemical oxidation of omganic matter, under otandard laboratory procedure, in five days at 20 degrees Celsius~ expressed in parts per million. Sec. 18-93. Substances that may not bm deposited in the sanitary sewer system. No industrial user shall discharge er deposit any Of the ~ol!ewing substances into the sanitary sewer system: (u) ~tny waste, liqui~ or vapor that he~ a temperatur~ higher than 150 degrees Fahrenheit or that will increase th~ temperature uf wastewater treatment plant influent to h~her (b) Any waste or liquid with totml oil and groamo concentrat~en~ greater thru the follow~ng: ~00 ~g/1 for wa~tewater flow ratee of lesm ~han 2§,000 gallons per day; ~00 mg/l for wastewater gallons/day? and i00 mg/1 for wastewater flow (j) Any ~tormwater! surface water~ groundwater, roof runoff, or mubmurface drainage. (t) Any trucked or hauled material that (i) constitutes a hazardous substance pursuant to th~ Comprehensive Environmental R~sponse, Compensation and Liability Act of 1980 (CERCLA), 42 U.8.C. ~ 10l(14), et seq., and any regulations promulgated thereunder; [ii) cons~itute~ a hazardous wamte pursuant to the Resource Conservation and Recovery Act 42 U.S.C. 5 ~90Z, et sag., and any regulationg promulgated t~ereuad~r~ or (iii) constitutes a hazardou~ waste pursuant to the supermend Amendments an~ Re-authorization Act (SARA], U.S.C. ~ 1104, et Seq., and any regulations promulgated ~hereunder. o o o (z) Wa~tewater whie~ contains used antifreeze. (aa) Was%awe%er which contains perchleroethylene. (code 1978; ~ 20-93~ 20-95; or~, of 4-10-96, ~ l} S~o, 18-94~ CoRdition~ o~ diSCharge of certain tvmes of wastes. NO i~d~strial u~er Shall discharge an~ of the following types of waste in~o ~he sanitary sewer system except in 97-486 (a) Packingkease waste. All hair, bristles, hides stock fsed~ grit, sand and straw in Concentrations that are greater than the concentrations that are found in normal domestic wastewater, oil end grease in concentrations greater %kan %ho~e s~t £orth in sgction iR-92 ~hall he removed before Damkin~ho~ waste is discharged. (b) Poultry proc~ssln~ waste. All featherm, parts of birds, bonas~ grit, sand, poultry feed and viscera in concentrationm that are greater than the concentratlons that ar~ found in normal domestic m~wage, oil and grsa~ in concentrations ~reater than those set forth in section 18-93 mhalt ~e removed be£o~e poultry prceessin~ waate is discharged. Wast~water se~vic~ line~ that ssrva peultry facilities shall ~e made of materials and dssiqned and constructed so that it is unlikely that bacterial protein masses will grow on the service lines. septage from residential and commercial sources may b~ discharged at a location designated Dy ~he director only i£ it is generated within the county and is net mixed with amy other type cf waste. Hauled and trucked waste cri~inatin~ from non- domestic ~ourc~ ~ay only b~ dimcharged if the waste complies with the terms and ccndltlons of this article and if the trucked waste criqinatin~ fr~m non-domestic soumoe shall be Sec. 18-96. Rate and volume of disokar~e of industrial waste. industrial waste into the sanitary sewer system. Sec- iS-97. Prokibition against dilution as treatment- No industrial user shall dilute waste by increasing use of potable or process water to achieve compliance wi~h a pretreatment standard er requirement except when dilution is expressly au%horize~ by an applicable pretreatment standard or requirenn~nt. (Code %978, ~ 20-97.1) Sec. 18-100. Partita for non-conformino di~charoe: ~retreatment. o o o If) P~mit~ may include the £sll0win~ conditions ~nd restrictions: (1) aaxim~m permissible conoentrations or mass loading= of %~astewater constituents. O O O ?123197 ~?-487 (c) The director may waive the control manhole rsquirement if the significant industrial user provido~ the director with access to tbs fmcilities to observe, measure and sample the wastswater ~low and the wa~ts that is discharged by the significant industrial user complies with thi~ article. (d) The director shall be given reasonable access to all portions cf e~tabl~shmenta that diachsrge industrial waste or sample and monitsr discharge; to coPY records that are required by this article; and to perform other procedures that are necessary to ensure compliance with this article, (Code 1978, O O O Sec. 1~-108. Determination of character and concentration of [d} The director's determination of the c~a~aoter and concentration of the industrial waste or pollutants that are discharged into the sanitary s~wer sys%sm shall be baes~ on the analymis that is p~rformed in accordanc~ with subsection ~er the purposes o~ determining strong waste surcharges an significant industrial users. (Code 1978, ~ ~0-104) Sec. 18-10~. Accidental discharge and sluq control plans. The director m~y require any industrial user to develop, submit for apprsval and implement an aooidentul discharge and slug control Dian in accordance with 40 CFR Alternatively, the director m~y develop such s plan f~r any industrial user. An accidental discharge and slug control plan shall: practices, including nonroutine butch discharges; (b) Describe the types and a~ounts of chemicals that the significant industrial user utotem; (c) Establish procedures for immediately notifying the director of any accidental discharge ur slug discharge which shall require the industrial u~sr to n~tify th~ di~eto~ in writing with a dmtailad description of the discharge within flys (5) days aftsr the discharge occurs; and (d) Establish procedures to prevent adverse impact from any accidental discharge or slug ~ischarge. The prooedmres ~hall include, but not be limited to, inspecting and maintaining storage ureas, hundling and transferring materials, regulating loading and unloading operations~ controlling the plant sits runoff, training workers, buildisg containment structures or equipment, containing toxic organic pollutants 97-~88 7/23/97 Sec. 18-111- Violations. (a) Significant industrial users shall notify the director in writing of any violation of the permit or of this article within twenty-four <24) hears after becoming aware of the violation, Within ten days after the date of the violation~ the si~nifiaant industrial u~er shall also submit to tho director a detailed written statement describing what caused the violation and the measure~ that the industrial user is taking ts prevent future violations, Significant industrial users shall correct all violations promptly and shall take any reasonable action to prevent damage to tko ~©TW or the public from the violation. Tho director ~ay reguire a significant industrial user ts correct e violation ~y taking ~eagures to prevent the dlschar~e of prohibited material~ er other wastes ~hat are regulated by this article. (bi The director shall annually publish a list of significant industrial user~ who have been in ~ig~ifloant noncompliance during the previous 12 months in the largest daily newspaper of general circulation in the aounty. (Code 1978, ~ 20-101 Any significant industrial user who violates the provisions of this article shall be guilty of a misdemeanor punishable by a fins of not mor~ than $~,500.00. ~ach day that the violation continues shall be a separate off~nse, (b} If any person discharge~ a suDstance into the sludge ~eptu~ which r~nult~ in damage to the county sewerage the wastewater treatment plant providing treatment or other real or personal property; or which alterm the nature or quality of the sludge generated by the wastewater treatment plant in a way that increasss the cost of either $a£~ sludge removal or sludge disposal, then that person shall be liable to the county for :he cost of all such damage. (Code 1978, adoption. Vote: 20-109) That this ordinance shall become effective upon Z6.G.. TO CONSIDER AN ORDINA~C~ TO AMEND TNE CODE OF T~E COUNTY PERMITTED U~8 IN R-9 AND R-? ZONING DISTRIOT~ ~r. Jacobsen stated that this date and time has been advertis=d ~or a public hearing %u cunsid~r an ordinance relating to permitted uses in R-9 and R-7 zoning districts. He further stated that the ~repased ordinsnae will not arrest any existing R-9 =cuing prop=try in the County. H= further Dtated that rezoning to higher densities will still be possible. He stated that Planning ~taff~ aa part of their work program, will he suggesting ordinance amendments ~hioh would accommodate higher density residential ~ening. He further stated that the Planning Commi~$1on recommends approval of the ordinance and 7/2~/97 There wa~ brief discussion relative to the amount of land currently zoned R-9 in tka County; to tho recordation of lots from 1989-1992 and from 1~g3-1996~ and to the average lot sizes recorded for R-9 zsnin~ bstween 1~$~ and 1995. When asked, Mr. Jecobson stated that there were no surveys performed or committees established on the pending amendment. Mr. McMale empressed concerns relative to in-fill development and inquired as ts whether there is opportunity to accommodate higher density development and, at the same. time, preserve the quality of existing neighborhoods? Mr. Jacebeon stated that there are a variety of different tools that will allow someone to seer approval of densities higher than R-12 zoning. There was brief discussion relative to whether the issue is one of higher density or standards for development of R-9. Mr. Gaorg~ S~adlem sta~d that he supports ~ha proposed Mr. Phillip Halsey stated that no one ~poke in favo~ of the indicated that the issue is one of development standard~ such the Board address these issnes. He f~rth=r requested that the Board defer e0neidera~ion of this ~equest and establish a committee to address the ordinance further. ~s. Bambi Davidson, representing the Homebuilders Association o{ R~mh~nnd, ra~uested that She Board defer the request er refer the amendment back to the Planning Commission for further review and, recommendation. She further stated that they feel and that the Association supports enhancing those standards. Mr. Dick White, representing thc Bailey Homeowners Association, the 3~o Corridor Cummittee~ and the Longwood Acres Subdivision, s~a~e~ tha~ ~h~y support th~ proposed ordinance and indicated that R-9 zoning permitm th~ construstion of toe many homes per Mr. Walter Marsh stated that he is opposed to the proposed ordinance and e×pres~ed concern~ r~l~tiv~ tO the run-off of lawn fertiliser into County waters from large~ lots. He stated that the County n~eds smallor lots to accommodate ~irst-time homebuyers. He requested that the Bea~d ~efe~ the ordinance to There b~ing no one e'lse to ad~ress this ordinance, the public hearin~ was closed. Mrs. :H~ph~ey stated that this issue is vital to the development of th~ County and that she still has ~uestions and is~ue~ ~u~ounding quality control, She requested that the Board defer consideration of the ordinance to allow her concerns to be addressed and to allow ~taff to gathor information regarding the 6,073 acres of land that ia zoned either R-7 or R-9 in the County and the differences in the ~cvelopment standards for R-9 versus R-12. She stated that she would like to mast with County staff, the ~omebuilders Association, and County rssidents to further address these Mr. Barber stated that he concurs with the comments expressed by Mrs. ~unphrey and that he feels the issue of housing affordability n~eds to be addressed. He stated that he does support the idea of seeking a csnditi0nal use planned development, ~s requested a staff report into the insight cf 7/23/97 97-490 this prsposaI and stated that h~ wuuld like additional time to receive staff's i~pnt and to address call~ and letters that he has received regarding this issue. Mr. McHale stated that Mrs. Humphrey and Hr- Barber have addressed soma of his concerns and that he supports the deferral. He further stated that this issue is a big step amd that ha resides in an R-7 sub4i~ieioD, which ig developed to an R-15 standard. He stated that he feels the Board needs =o address %his issue in a very careful fashion so as to strike a balance between affordable housing, quality developmen=, and dsnnity as i~ relates to impacts On capi~al £aciliti~. ~ further stated that he is prepared to second the motion for a deferral at the appropriate time. Mr. D~niol stated that he was ~repared to support the prspos~ ordinanc~ as presented, however, will support the deferral, He further stated that he has not ~eard any arguments that would lead him to beli~v~ that elimination of R-9 zoning would have a negative impact. He stated that there is nora than enough existing R-9 an~ R-7 ~oned property to meet the demand for smaller lots. He further stated that th= proposed ordinance is a ~teppln~ stuns to move to~a~d~ a clearer definition on comprehensive development standards. He stated that he has received no sega=ire input from his consbituent~ regarding this proposed ordinance. ~. Warren stated that he supports the d~ferr~l~ however, he was also prepared to $~pport the d~cision of the Planning Commission. H~ requested a transcript of the Planning Commission public hearing and minut~ from the work session regarding this issue. He further stated that Mr. White was not only representing ~exley, bu~ al~s the ~0 Corridor, which represents over ~000 homeowners. He stated that given his background in urban ~lenning, ha understands the importance of planned, managmd growth. He further stated that he feels the prs~o~e~ srdlnance is a step in the right direction for Chesterfield County. He stated that there a~e over 10~000 potential lot~ currently zoned that will not be affected by this ordinance and approximately 15,000 lot~ located in major proposed development projects. On motion of Mrs~ Humphrey~ seconded by Hr. MeHale, the Board deferre~ consideration oS aD ordinanc~ r~lating to permitted uses in R-9 and R-7 zoning districts until August 27, I997. 6.4 O~ THE ~ODE OF THE COUNTY OF CHES~_I.E~D. 1997. for a public hearln~ will eliminate the $100 ~ea ~or businesses with annual gross CcunciI, s~ated that she su~crts the proposed ardinanca and hearing was 7/~I~ 97-491 Mr. Daniel made a motion, seconded by Mr, McHale, £er the ~oard to adopt an ordinance relating to business license Mr. Barber stated that the Board of ~upervisers followed General Asssmbly'~ loo~ and the Cta~e Department cf promulgation of the regulation in Chesterfield_ Ne further state~ that the Board's actions autually reduced business taxes that he ~aels by enaotin~ the State's ~eeommendati0n, a lot of good was done, however, the Beard aloe recognized that business tax~paye~ were being double-taxed. He further otatud that t~h~ Board in now r~c~ivinq l~tt~rm from developers that are un-happy that they are now in a catsqory to pay BPOL b~xes, however, ~hat is ~ function ef the General Assembly and the ~tate~ ~e state~ that the County is trying to be as business-friendly as possible and that he supports adoption of the proposed ordinance. Mr. Warren stated that Chesterfield County is very pre-business and ~hat he also agrees with the double-tax issue. He no=ed that, in the past five years, over 17,00~ jobs have been created, there was ever $~OO,OOO million in new investments, and over 2,406 new bu~ines~e~ locate in Chesterfield County. Mr. Warren called for the vote on the motion mad~ of following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1~97, AS ~ENDED, ~Y ~ENOING AND REeNACTInG ~CTTON 6-4 R~TI~G TO BUSINESS LICENSE FEES BE IT ORDAINED by the Board of supeTvimorm read a~ follows: ~ec. 6-4. License fees. Every person ~ngaged in a business which is licensable pursuant to this chapter shall pay an annual fee if the total merchants, from all activities of ~e b~siness are or moro , but l~ss ~han $100,¢00.00, ~uring thm ba~m year. An annual license fee shall be paid for each definite place of ~u=ine~s provided that the busine~ ~hall nut ~ay more than a nubS:er o~ liuen~sa the business must obtain. shall be calculated a~ folle~s: Gros~ Receipts of Business $10, $50, January Vote: The annual foe 0O0,0O - $24;999.0~ $ ~5.00 900.00 - $49,999.00 ~0.00 O00.00 - $99~999.00 100.00 That thi~ ordinance ~hall become effective on It was generally agreed to recess for five minutes. 7/23/97 g7-492 17. REOUESTS FOR MOBILE HC~E p~RMITS AI~D REZOMI~G 97SNO2Zl In ~£dl~thian Hagisterial District, ~AY TRO~FI~LD requested rezoning and amendment sf zoning district map frsm Agricultural (A) to Corporate office (O-~)- Th~ density of ~uch ~mendment will be controlled by zoning cmndltimns or Ordinance The comprehensive Plan suggests the property is appropriate for general commercial use. This request lles on 0.~ ac~s Known as B~00 Midlothian Turnpike. GPIN 757-705-3156 (Sheet M~- ~ac~bs~n presented a summary of Case 97S~0221 and stated t~at t~e Planning Commission and st~ff recommends approval and acceptance of the proffered ccnditisns. ~e acted the request conforms to the Northern Area Land Use and T~an~portation Plan. Jay Tronfield, Esquire stated that the recommendation is On m~tisn Qf ~r. ~a~ber, seconded by Mrs. Eumphrey, the approved Ce~e 973N0221 and accepted the following proffered condlai~ns: 2. Dire~t ao~ees to Gateway Center Parkway shall ~e to one (1} entrance/exit located towards the nu~thern Property line. The exact location ~ thi~ access s~all be approved by the ~ansportatfon Qepartm~nt. Prior ts any site plan approval, am acoess sasemen~ to th~ Transportation D~partment, shall be recorded with the adjacent parcel to the west. ~. ~eq~ested re~ening end amendment o£ zoning di~rie~ map f~om Agricultural (A) and Rssid~ntial-Tewr~house (R-TH) to R~sidential (R-9). A single family resi~eo:isl s~bdivision ~msidential us~ of ~p to 4.84 unite p~r sore is permitted in a Residential (R-9) District. The Comprehensive Plan ~ugqasts the property is appropriate f~r residential use Of 1.ol ts 4.0 acceptance of the proffered condition. He noted the request recommendation is acoept~bl~. There was no opposition present. development of this pruperty. 97-493 Barber then made a motion~ seconded by N~. Humphrey, for Board to approve Case 97SN0196 and ascept the following The Public water and wa~tewate~ systems shall.be used. 97~0~97 ~n ~ermuda ~agls~erial Distrlc%, FOREST L~EE ASSOCIATES, L. L. ~., re~u~t~d ~e~e~i~ and amendment of zoning district map from Aqri~ultural (A) cf ~.3 acres and from Residential of 1.7 acre~ to Community Business (C-3). The density of such amendment will be controlled by zoning ~onditions or Ordinanc% standards. The Comprehensive Plan suggests the property is appropriate for commercial/industrial corridor use. This request lies on 4,0 acres lying approximately 300 feet off the west line of Jsffsrmon Davis Highway, approxtnately ~,050 feet ~outh of Forest Lake Road. GPIN 800-6~6-00~0 (~heet ~r- Jacobson presented a summary of Case 97~0197 and stated that the Planning Conmissicn and staff recommends approval. He Hr. Stotte~ representing the applicant, stat=d that the recommendation was acceptable. On motion of Mr. Barbem, seconded by Mr. Huaals, the Boar~ approved Case 97SN8197. 97SNOZ23 In clover ~ill Magisterial District, x~ REST~URAN? r~qUest~d amundm~nt to Conditional U~e (Cas~ 91SN0~S6) and amendment of zoning dis~rict map to allow drug store/pharmacy use with dri¥¢-in window plu~ Conditional Use to permit outdoor spea×o~ systems. T~O density o£ such amendment will controlled by zoning condition~ or Ordinance standards. ~he Comprehsnsiv~ Plan suggests the property is appropriate for mixed use corridor uses. This request lies in a Community Business (c-~] District on 3.6 acres fronting aDDrc×i~ately 379 feet on the north line of Hull Street Road, measured from a 72~-674-M705 and 719-674-0]1B (Sh~t Mr. Jacobsen presented a summary of Cas~ 975N022~ an~ stated thet the Planning commission and staff recommends approval and a¢ooptan¢~ of th~ proff~rod conditions. He noted the request Mr. Skip Gelletley, representing thm applicant, stated that th~ recommendation was a¢o~ptabl~, 97-494 On metlsn of Mr. Warren, sesonded by Mr. Barber, tho Board approved Case 97SN022~ and accepted the fellswlng proffered conditions: In addition to the requirements of Condition 12 of Case 91SN02S6 the arshitsetural style shall be consistent with th~ architectural ~tyle of th~ ~arbour Point~ be submitted to the Planning Department for review and approval prior to or in conjunction with site plan review. Any freestanding site lighting fixtures shall have a maximum height of twenty-five feet. Plans depicting this requirement shall be eubmitte~ %o the Planning Department for review and approval prior to or in conjunstion with site plan review. Leyland Cypress trees, having an initial minimum height of eight (8) feet, shall be planted adjacent to the north line of the property at ten feet un ~entar. A landscaping plan depicting thi~ r~quir~m~nt shall b~ submitted to the Planning Department far review and approval prior to or in conjunction with the site plan 4. Outside loudspeakers ekall be prohibited. The use of intercom type ~yetems commonly associated with drive- S. Any ~/MW~ required to aocemmodate ~evelopment of this property shall not be located within any required buffer. Baffles shall b~ in, tailed on any site lighting located within fifty (50) feet of th~ northern property line so as to shield the tight souroe from view by residents lo¢at~d on r~sidential zoned property north of Harbsur Points Parkway. At time of site plan review and approval, the exact ~reatment of the baffles shall be approved. 7. Prior to ~ny sit~ or architectural plan approval, the of th~ Brandermill Community A~sociation' s~chitectural February i0, 1993, ~evised October 20, 1993 and approved by the Planning D~par=ment on February 10, ~993 and October 21, 1993, ~espectively. Vo=e: Unanimous ~7-4~5 In Clover Hill ~agisterial District, INC. requeated Conditional Use and a~and~en~ of zoning district m~p to p~rmlt: asphalt, concrete products and atone manufacturing On 9.1 acres; accede for i~d~strial uses on ~..6 acres; and to allow quarrying opera~ion~ on 15.0 acres, all on property currently zoned Aqrieult~ral (A}, plu~ a~end~mnt to Conditional Uses (cases SQSQ44 and 86B006] and Conditional Uae Planned Development ICase 25S153) relative to ~aster plan approval, buffers and blasting to p~rmlt e×pan~ion of quarrying, and to include a~phalt manufacturing as a permitted use, on 102 acres currentl~ zoned Agricultural (A) and Light Industrial (I-l). The de2$i~y of ~uch a~endment will be montrolled by zoning condit{on~ n~ Ordinance standardz. The Comprehensive Pled sugg~s~ the property is appropriate for light industrial u~2. Thi~ request lies on a total of 131.7 aere~ frontin~ in two (2) places for approximately 2,000 feet on ~he we~t line of Warbro Road~ approximately 1,550 feet ~orth of Hull Street Road. C~Y~ 937-5~3-~Q93; ¥3~-6$3-Part of Parcel 0636; 735-684-Part of Parcel 7967; and ?38~682-Part of Parcel 0134 (Sheet additional proffered condition this af~ernoon~ therefore, if ~lan. amended pro~fored condition deals with the location of the alternate location. He commanded County staff on their When aske~, Mr. Badhan stated that t~e applicant will be investing approximately $10 m~llion i~ the Coun=y il this re~ue~t i~ Mr. Barber expressed appreciation to Mr. Badham for his On motion of Mr. ~arren, $~¢ondcd by Mr. Barber, the Board 97-496 7/23197 Mr. Warren then made a motion, s~oonded by Mr. Barber, for the Board to approve Case ~7SN0229 subject to the following condition: The Property, a~ referenced in the Proffered Conditions, shall be the property included in ~his request. (P) And, further, the Board accepted t~e following conditions: 1. The plan entitled ~idlothian Quarry, dated Mar~h 14, ~997~ and the Textual Statement received March 17~ 19~7~ (Note: This condition supersedes Condition 1 of Case 85S153, Condition 1 of Case 865006 and Condition 14 of Cag~ g0~0~4, r~Sativ~ to approved Master Plan.) 2. A. Uses permitted on the industrially zoned portion of the request property which is the ~ubjeet of Case 85S155 shall be restricted to the following: Any u~es pe~itted in the Light Industrial l) District Concrete products manufacturing Stone products manufaoEurin~ B. Use~ permitted on the agriculturally zoned D~oDerty identified as A on Exhibit A, shall be restricted ts ~ha following: Any u~e~ p~rmitted in the Agricultural District Concrete products manufacturing Stone prcduct~ manufacturing A~phatt manufacturing. (Note: This condition mupmrsedes the approved te~t~al statement for Case 85S153~ relative to ug~m p~rmitt~d on that portion of the request property which i~ ~ubject to Case 855153.) 3. E~cept where the requirements of th~ underlying Agricultural (A) zoning are more rmmtrictive uses on the a~riculturally zoned property identified as A on Exhibit A shall be mubjsct to the requirements of the zoning ordinance for uses wi=bin Agricultural (A) Districts, Light Inductrial (I-l) Districts in Emerging Growth Areas and the applicable conditions of zoning approval for Cam~ (~ote: This condition would require uses on :he ~evelop with restrictions and limitations which are ~imil&r to restrictions and limitations applicable to u~es on the adjacent, industrially $oned pro~erty that is subject to Case 855153. However, where the requirements of the Zoning Ordinance for uses within Agricultural (k) Districts or for uses within Light Industrial (I-l) Distriotm in Emerging would apply.) 7/~3f97 Primary cruah~ng faailities ~hall be located a ~inimum of 800 feet from Warbro Road. Within three years of the approval of this requeet, p~imary Crushing facilities shall be relocated a minimum of 1,00Q feet from Warble Road, After ~elocation, primary crushing fac~l~tien shall remain a minimum of 1,000 feet from Warbro Road. Ground vibration resulting from blasting, ~ea~u~ed a~ peak velocity, shall not exceed 0.~0 inches per second, ~eneured at the nearest off-alto realdenee and nearest off-site office, commercial or industrial building as may exist throughout the life of quarry blasting operations. Within ninety (90) da¥~ of the approval of this request, a plan for monitoring ground vibration from blasting shall be eubmitted to th~ chesterfield county Water Quality Administrator for review and approval. The plan shall include provisions for notification of the Water Quality Administrator of any blasting vibration that exceed~ 0.50 inches per second, ~aaaured at the nearest eff-eite ~e~idence and nearest off-site office, commercial or industrial building, as wall aa measures that will be taken to correct the cause of th~ accedence_ (Note: Thim condition supersedes condition 5 of 86S006.) A 15~ foot buffer shall be maintalnad alung the and northern bounduriea of the quarry e~te, ae depicted on the ~aster Plan. With the exception of a thirty foot permanen~ utility line easement, which may run generally parallel within the ~outhern portion of 150 font buffer slang the northern boundary of %he quarry site or alternatively, whioh may run generally parallel within the western portion of the 150 foot buffer along the eastern boundary of the quarry site, this buffer shall comply with the requirements of the ~ening 0r~inanee, Sections 19-520 through 19-~2z £c~ foot buffers. A fifty (5O) foot buffe~ ~hali be maintained along the eastern buundary cf the V~rginia Power easement, along the ~cuthern boundary of the seventy (?~) foot loop road, and along the western boundary of adjacent, agricultu~ally zoned property to the east, a~ depicted on the Master ~lan. With exception of a thirty (30) foot permanent utility line easement, which may run generally parallel within the eastern portion of %he 50 foot buffer along t~e Virginia Power easement, this Duffer shall comply wi~ requirements of the Zoning Ordinance, Sections 1~-520 through 19-522 for fifty (50) foot buffe~s. 7/23/97 11. 13. (Notes: A. This condition supersedes Con~ihion 4 ef Case $0S044 and condition 2 of Ca~e 86S005. B. The Zoning 0rdinan~e requires that quarry a~cavat±ons be located a minimum of 200 feet from adjacent agriculturally zoned property to the north, south and wast and a minimum of 200 feet from Warbre Road.) A seventy-five (75) foot buffer shall be maintained along the southern boundary of the quarry sit=, au depicted on ~he Master Plan. With =he exception of the existing sewer and drainage eau=mann(s), this buffer shall comply with the requirements os the zoning Ordinance, Sections 19-520 through 19-52~ for fifty (~0) foo= buffers. (Note: Thio condition supersedes Coati,lea 4 The owner/d~velope~ shall prohibit any vehicla~ under their contract, lease or ownership from transporting Stone, uoncr~te, asphalt or any other bulk materials %0 er from the request property via Genitc Road between Warbro Road and Route 360 GU via Genito Road between Warbre Ruud and 01d Hundred Road, except that such materials may b~ ~ransported via these portions of Genito Road when the souroe or destination of such materials is s site adjacent to Genito Road or a louatlon served vis tha~e portion~ of Genitc Road. The right-of-way of Warbro Read, ~outh of the northern boundary of the request property, shall be monitored by the owner/developer on a reqular basis to prey=mt the accumulation of debris from trucks entering o~ leaving the req~/es~ property. A plan for the identification, ~onitoring and regular removal of debris shall be submitted tc the Planning Department for review and approval in oonjunctien with %he submission of any site plan- The plan shall be implemented upon approval by the Planning Department. Prior to site plan approval, thirty-five (35) feet of right-of-way on the west side of Warbro Road, measured from the oenterline of ~nat pa~n Of Warbr~ Read i~ediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the b~nefit cf Cheuturfield County. Prior he site plan approval, a ninety (90) foot wide right-of-way ~er an ~ast/Wss= arterial from Warbro Road to the northwestern Property line shall be dedicated, free and unreatric=ad, to and for the benefit of Chesterfield County_ The exact location of this right- of-way shall be a~proved by the Transportation Dep~rtment. In addition to th~ One (1) existing entrance/mxit, direct access from the Property to War~ra Road ~hall be limited to the Ea~t/we~t Arterial. To provide an adequate roadway system at time of complete development, ~he Devmleper shall be responsible for the following: 7/~3/~7 14. 15. Warbro Read at the East/West Arterial lanes; B) Construction of two (2) lanes of the East/West Arterial to VDO~ urban miner arterial standards (50 MPH) from Warbro Road te the nerhhwe$%~rn Property line; and ' Dedication to the County of Chesterfield, free and unrestricted, any ~dditional right-of=way {or easements) required for the imprevementa identified above. Prior to any site plan ~pp~oval, a phasing plan for required road improvement~, identified in Proffered Condition f~, shall De submitted and approved ~y the · ransportsticn Department. Any concrete manufacturing (batch) plant ~hall comply with all County, Stat~ and ~deral ordinances, statues and requlatians governing the operation. At a ~inimum, the plant shall aomply with the following: The mixing of cencrete shall ~n~y occur within concrete t~uck$. No mixing~ other than mixing of sand, stone and oth~r dry inqredienta, ~hall areas$ where dry ingredients are loaded into concrete trucRz, a~ well as ingredient storage silos~ shall bm segregated f~em ~he rest of the plant by containment facilities designed to re,alt spilled ingredients and prevent surface and ground water contamination fram these materials. ~a segregated from the re~t of the plant by containment facilities designed to retain uss in the conoret~ mixin~ eperatien. Residue p~riodieally removed from the containment facility and di~po~ed of in an approved landfill. The wash water containment basin ~ sized such that i% shall re~ain the maximum rainfall occurrinq on the property within twenty-four (24) hours aver a lo0 year period, C. ~at~rialm u~ed in truck cleaning operations Corporation~ or their equivalents relative to composition, as d~tsrmined by the Safety Qata Sheets identified a~ Exhibit C. Under no hydrochloric acid or muriatio aci~ be used to 97-500 7/23/97 D. Hours of operation shall be a~ follows: 1. Other than loading concrete trucks with ingredients and mi~in~ con~rete within trucks, h~urs of operation shall be limited to between the hours of 5:30 and 7:00 2. Fur loading concrete trucks With ingredients and mixing concrete within trucks, haurs e~ operation shall be 3. There shall be no Sunday o~srations. A maximum of fifteen (1~) concrete trucks shall bm allowed to operate from this facility. conditions, quarrying operations on property identified as C on Exhibit A shall be subject to all applicable within ninety (90) days of the approval of this request a plan ~owing t~e looation of wastewater line wastewa~e~ system to serve upstream properties, shall be submitted te the utilities D~part~nt for r~vl~w and approval. These easements s~all consist of: a) a maximum thirty f~o) ~eot permanent wastewater line of excavatfons, as depicted on :he Master Plan. As an alternative to this northern/western easement location, another easement iota%ion may be provided as mutually agremd upon by the owner/developer, th~ owner/developer dedicated to ~he County, frae and unrestricted, a% such Depar~ment~ bu~ in no casa shall dedlcaticn occur later than ninet~ (90) days after approval of the location of [Note: This condition will require the submission efa location described, for review and approval,) [Notes: A. Except as modified herein, conditions of zoning approval for Ca~e 85S153 remain in effso~ for development on the ~ndu~trially are a~plicable to ~he agriculturally zoned as A un Exhibit A. The agriculturally zoned portion the request property identified am B on Exhibit A is included in this Warbre Road only. C. ~xcept as modified ~er~in, conditions ' ' :-of zoning approval' for Ca~a~ and 965006 remain in effect for quarrying operations an %he remainder of the agriculturally zoned portions of the request property.) Vote: Unanimou~ Hr. Warren e×pre~sed appr~aiation to Planning staff for their efforts regarding this request. ~7S~025~ (Amended) In Midlcthian Maqist~rial ~istrict, CRE~SHAW-SINGLETO~ PROPERTIES requested amendment to & DTeviom~ly g~anted reaching (Case 67-$5) and amendment of zoning district map to delete a requirement that there b= no exterior m~rchandising. The conditions or Ordinance standards. The Comprehensiv~ Plan This request lies in a Community Busine~m (C-3) District on 3.9 that the Planning Commission and etaff recommends approval, recommendation is acceptable. Due te opposition ts the request, the request was placed in its (A) and Corporate offioe The density of such amendment will be controlled by zoning suggests the property is appropriate for office use. This frcntin~ approximately ~00 feet on the we~t line of Branchway that the Planning Commission end staff recommends aDproval and acceDtance of the proffered condition~. acceptable. conditions: 1. Nc direct acces~ ~hall be provided from %he Property to shall be limited to one (1) entrance/exit, T~is access =hall b~ q~nerally located midway of the Proper~y approved by the Transportation Department. 97-502 To provide an adequate roadwsy systen, shall be responsible for the £ollowing~ the Develope~ a. Construction of additional pavement along Busy Street Extended at the approved access to provide left and right turn lanes; b. Construction of an additional lane of pavement along ~ranchway mead for the ~ntire ~r~perty frontage, and; Dedication to Chesterfield County, free and unrestricted, any additional riqht-of-way (or easements) required for the improvements identified above. Prior to any site plan approval, a phasing plan for the required road improvements, as identified i~ P~offe~ed Condition 3, shall De submitted ts and approved by ~he Transportation Department. The public wastawater system shall ba used. The site shall be designed to retain the post developmen~ two (2} and ten (10) year storm event and release at a two (2) and ten (10) year pre-development rate· In Matoaca Magisterial District, Bd0 CAPITAL PARTNERSHIP requested amendment to previously granted Conditional Uses (Cane~ 9~SN0~9~ and 97~01~2) and amendmen~ of ~oning district map relative to access re~trlcti~n~, buffers and density ef Commercial development. The density of such amendment will be snntrolled by zoning conditions er ordinance standards. The Comprehensive Plan suggests the property is appropriate for aden space, light commercial and office ~ues and for residential uae of 7.1 units per acre or mere. This request lies i~ e Regional Business (C-4) District on 221.8 acres fronting in three (~) places for a total of approMimately 3,000 fe~t on the south line of Hull Street Road, also fronting in east line of Route 28S, and fronting approximately 1,200 feet on the west line of Bridgewaod Road· GPIN 726~679-7262, ~553 and 9075; 737-677-2935; 737-679-0848; 738-677-1474; 73S-679- Hr. Jacobsen presented a summary of Case 97~N0239 and stated that th~ Planning Commission and staff recommends approval and acceptance of the pro,fared conditions. James Theobald, Esquire, representing the applicant, stated that the recent~endatien was acceptable. There wa~ no apposition present. On motion of ~rs. Eumphrmy, seconded by ~r. McHale, the Soard approved Case 97SN0239 and accepted the followinq proffered of the ~oninq Ordinance, Sections 19-520, 19-521 exaept (i) an~ (j) other than to allow emergency vehicle access threug~ the buffer at Be~iebl~e ROad, and S=Ctie~ 19- 7/23/97 97-503 (NOTE: This condition supersedes P~ffer~d Condition e. for Case 95£ND197.) Access Restriction. Vehicular accede to and from the Property shall be limited to and from Rou~e 360, Bridgewcod Road north of Glen Tara subdivision and Route Glen Tara Drive, Blockader Lane or Bcallaway Road in the Glen Tara Subdivision. Access to the Property from Bonnieblue Road ~hall be limited to ~m~rgency vehicles only and shall be secured to prevent access by non- emergency vehicles as permitted by th~ County Fire Department, (NOTE: This condition supersedes Pro~fered Condition 2 E~ivalent Densities. Tko maximum dsnslPy o~ ~his development ~hall be 856,000 square feat of shopping oen~er, 3,000 square feet of fa~ food re~=aurant with drive-thru window~ 5~000 square feet of drive-in bank, lS,000 square fe~ of quali%y rest~urant~ 200 room hotel and 450 apartment units, as shown in Table ~ of the ~raffic Impact ~alysis Report" prepared by Ramey Kemp & Associates, Inc~, dated April 1997~ or equlveten~ density as approved by the Transportation Department. (NOTE: This condition mupsrsedes Proffered Condition 17 (NOTE: All s~her proffered conditions for Gases 95SN0197 and 97SN0162 r~main in ~ffect with the approval %n Matoaca Magisterial District, ~E ~'~RFI~LP CO~q4~Y PLA/~NIN~ CO~IS~ION requested rezoning and amendment of zoning district map from Community sexiness (C 25}. Residential use of up to 1.74 units per ~cre is permitted in e Residential (R-25) District. The property owner has agreed to limit d~v~lopment to one (1) dwelling unit, yielding a density of approximstsly 1.O unit Der acr~. T~e Comprehensive Plan suggests th~ property is appropriate for residential use of 1.Ol to 2.5 unica per acre. This request li~s on 1.0 acre known as 1950~ Church Road, ~PIN (sheet 48). ~hat ~h~ Planning Commission and staff recommends approval and ~r, Robert Robertson, representing the property owners, stated that th~ r~commendation ie acceptable. There was no 0ppe~itlon Mrs. Humphrey expressed appreciation to the Planning Commission for bringing thi~ request £o~ward. She stated ths~ the reason ~er this request ie because ~r~ R~burtson~s parents purchased a lot in ~%~r~ck~ wl~ich had bsen zoned osmm~rclal years She further stated that Mr_ Robertson intended to build a h~m~ and star= his family in Ettrick, unknowing that this property was Commercially zoned. 97-504 ~rs. Humphrey uhan made a motion, ssoondad by Mr. McHale, for the Board to approve Ca~e 975~0~2 and accept the following proffered condition: A maximum of one (1) dwelling unit shall be permitted on the property. Unanimous requested smendmsnt to Condltlenal Use Planned Development Icase 955N0307) and amendment cf zoning district map relative to access. Specifically, 5he applicant proposes ~o access a portion of the property fxo~ Genito Road instead of Po~ki~e Parkway Extended/Old Hundred Road. The densify of such amendment will Da controlled by ~r~viou~ conditions of zoning approval or Ordinance standards. The Comprehensive Plan suggests the pzopsrty i~ approprians for rssidsnLial usc of 2~2 units per acrs or less. Thio request lies in a Residential ~) Dis~ric~ on 94.2 acres fronting a~proximately 650 ~eet on the north line of Genito Road, approximately 200 ~eet west that the Planning Commission ~n~ sYaff r=commeads approval subject te conditions. Zr~. Humphrey made a motion, seconded by Mr, Barber, ~or the Board to approve Case 97SN0~5~ sttbject ~o the When asked~ Mr. Pmt~re ~at~d that the construction of Woolridgs Road Extended t~ the Powhite Extended is a joint obligation Of ~hree different parties which includes the developer of the subject property. ~umphrey, seconded by Mr. Barber, for the Board to approve Case 1. Initial access for the subject property shall be via Powhi~a Parkway Extended/Old Hundred Road with the a ~ximum of twenty nine (29) lot~. subject to Case area. INOTE: This condition is in a~ition to conditions ?1~/~? 97-505 95SN0307 applicabl~ to the req~esf~pr0perty remain in Vote: Unanimous 97~N0236 (A~nded) In Midlothian Magisterial Dis~riot, PROPERTIES requested amendmen~ to a previously ~rant~d rezoning (C~ae 67-85) and amendment of zuning ~istriot map to delete a requirement that there be ns sxte~io~ merchandising. The density of such amendment will be controlled by zoning cendition~ or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light commeroial usa. This request lies in a Community Business (C-3) District on acres known as 2600 Buford R~ad. G~IN 75~-719-P&rt of Parcel 9232 (sheet 3). Ma. Beverly Rogers, Planning Administrator, presented a summary Of Case 97SN0236 and stated that the Planning Commission and staff recommends approval. Mr. Bill L~wim, representing the applicant, stated that the recommendation is acceptable. ~e meted that Mr, Doug Lewis, th~ son of IGA'm owner, who ~am present at the meeting. ~r- William Yeatts =tated that he has resi~ed in the Ben Air ar~a for ov~ forty years, He b~iefly reviewed the hi,tory surrounding the orig%nal zoning and development of the request property. He stated that he would like to ~e~ IGA succeed; that he feels ICA is a good corporate neighbor; and that IGA is a neat, elsan~ well-stocked store. He further stated that occupy the space if IGA closes. He requested that a specific t~ns period be granted to allow outside display of merchandise. ~. Oo~g Lewi~ stated that this request originated to allow to sell flowers during the springtime. He c~pressed concerns relative to setting Specific date parameters, ~ue to th~ unpr~iotability of wes=her, He further sta~ed that IDA only wishes to display seasonal m~rchandis~. Mr. Yeatts read portion5 of an ~rti¢le from the Richmond Times Dispatch into ~he record s~ating that a Village Plan was being Mr. Bill Lewis stated that with the ordinances now in place, there are restrictions and controls ~or the types of d~plays that ~ill be allo~ed. Ee requested the Board's favorabl~ consideration e£ the request. when asked, M~. DoU~ Lewis stated that he will be available to assist Mr. Yeatts in addressing ~ny of his concerns. Discussion, comments, and questions ensued relative to ~h~ amuun~ of space p~rmitted for IGA~S ~idewalk displays; t~is a~plication allowing for any tenant to have outside displays; and existing zoning allowing tanant5 to serve food outdoors. Mr. Barber ~tated that ke RRS not received any oumplaints regarding this request, however, he is s~p~the~ic =o =~e 97-506 When asked, Ms. Rogers stated that there wac no opposition to this request at th~ Plan~ing Commission m~ting and that no ~ther restrictions were negotiated at that meeting. She further stated that the I~A sidewalk iE approximately ~en feet wide, which would accommodate an area for display as well as a three foot pedestrienway. When asked, Mr. Bill Lewis stated that it would not b~ a hardship to defer this is~u~ for thirty d~ys. ~r. ~arber requested that th~ Board defer the r~qu~st for addressed to be discussed. Mr. Barber then made a motion, seconded by Mrs. Humphrey, for 2) with Conditional Use Planned Development to permit fast £oed density of such amendment will be controlled by zoning denial of this request, however, since the Commission's revised proffered conditions and an additional proffered since the additional prsffersd condition was not received prior to advertisement, the Board will need to suspend its rules if it wishes to consider the additional proffered condition. Bhe further stated that staff recommends approval of the request subject to one condition and acceptance of t~e proffeEed conditions. She noted the request conforms to the Chester Kr. Theobold, representing the applicant~ stated that the ~p$cale neighborhood shopping area is planned for the proposed site and briefly reviewed the pro~Sered conditions. He stated that the a~plicant has made every attempt to ensure that this will be a quality development consimtent with the plans for Chester. He further stated that should the Board wish to conventional store, such a condition would b~ acceptable. He suspension of rules to consider late proffered conditions submitted by the applicant. Xr- Mc~ale ~tated that he typically does not like to suspend either side of the request at a disadvantage in discussing the 7/23/97 97-507 ~r. ~o~al~ th~n made a motion, s~eoDded By Mr. ~arber~ for the Board to suspend its rules at this ti~e..te consider amended proffered condition 192 "?~'~' ~r. Mc~ale requested that the Board impose a condition limiting hours that any convenience/combination ~tore can be open to the public. Mr. McEale ~hen made a motion, seconded by ~r. ~arbar~ for th~ Board to approve Ca~e 97SN01~0 ~ubj~ct to ~on~ition~ and a~oeptanoe of proffered conditions. Mr. KoHale stated that he feels that the transportation and hourm of operation imgues ~rreunding this %equest have addressed and that he i~ pl~a~ed with the ~ignifioant proffered conditions that have been put in placm by the applicant. further stated that by reduoinq the m~uare footage of the d~v~lopm~nt, tho impa~t o~ the Route ~0 corridor will De eame~. ~r, warren oall~d ~or the vote on ~he mo%ion maes by Mo~ale, seconded by Mr. Barber, for the ~oard to approve 97SNDlSO subjeut to the following conditions: 1. In addition to the buffer required ~y Proffered Condition 19, a fifty (~0) foot buffer shall be maintained along the remaining length o~ the northern property boundsry. Thim buff~ ~hall eo~form tc the requirements of the Zoning Ordinance for fifty [s0) f~t buffers~ Section~ 19-520 through ~9-522. 2. Any eonv~nisna~/eo~binatiun store on the property shall not be span to the public between 12:00 midnight and And, further, the Board accepted the following conditions: 1. Architecture.1 Standards. The architectural treatment of buildings constructed On the Property shall be similar to Rivers ~and SheDDing Canter. Ail buildings ~o be constructed on the Property ~hall be compatible in architectural style, materials, Golers, details and other design features. ~ranchise-type outparcel building~ shall be compatible to the features which predominate in the d~v~lopment. permitted on the Property: $. Free ~tanding fast food restaurants ot~r than operation. d. 97-508 10. ConvanieDce Store Location. Any convenience store permitted on the Property shall be located at the southeast corner of the Property a~ the intersection of West Hundred Road and Rock Hill Read. Drive-Through. Any driYe-%hrough wle~uw on the Property associated with a conYenisnce store/restaurant operation shall be designed and oriented to serve the restaurant only. Should such convenience store facility also include a banking operatioD, the foregoing limitation ~hall not preclude ~eparate drive-through wlndow~ for the bank. by the virginia state Department of Forestry, there shall be ne timbering until a land disturbance permit ha~ been obtained from the Environmental Engineering Public u=ili=ies. The public water and waste water Route 10 Dedication. Prior to site plan upproYalt ferry-five (45) feet o£ right o~ way on the north side of Route 10~ measured from the centerline of Route 10 dedicated~ free and unrestricted, to and for the benefit eS Che~ter£ield County. Route 10 Access. Direct acceen fram the Property to Route 10 shall be limited to one (1) entrance/exit. This access shell be located approximately midway of the Route 10 Property frontage and align the e×i~tlng srossover located just west of the Rook ~ill Road intor~ootion, ~he ~×aot location of thi~ access shall be approved by the Transportation Department. Pr~or to to the Transportation Depsrtment, shall be recorded acro~ the Property to the adjacent property to the Re~te 10 ImDr0vements. TO provide an adequate roadway system at the time of oeuple~e development, the Developer ~hall be responsible for the following~ a. Construction of additional pavement along the westbound lanes of Rou~e 10 at the approved site ecees~ to provide a riwht t~n lane; b. Construction ef additional pavement along the site access to provide an adequate left t~rn lane; and c. .Dedication to Chesterfield County, frsm and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. ~ok Hill Road Dedication. Prior to site plan approval, right of way on the west sid~ of ~Qck ~i!l Ro~d, ~easmred sixty I60) feet fram the existing eastern riqht of way lin~ of Rock ~ill feud, shall be dedicated from the Property~ free and unrestricted, to and for the benefit of Chesterfield County. The length of this dedicatie~ ie limited to the eastern frontage of the Property on Rock Hill Road from Route 10 to the northern Proper~y corner. 7/23/~7 97-~0~ 11. 13. 15. 17. 19. Roc~ Hill Road Construction. Prior to the issuance of an occupancy par~it for a site with access to Rock Hill Rcad, the Developer shall (i) racon~t Rook Hill Road a~ a two (2) lane road (based on ~DOT Urban Collector Standard) from it~ in:ersection with Route 10 north the Property entraace/~xit on Rock Bill Road, and (ii) con.trust additional pavement alonq Rock Hill Read at its int~r~ction with Route 10 to provide a three-lane typical section (i.e., one northbound lane and two southbound lanes). Phasing. Prior to any sate plan approval, a phasing plan for required reed imprevement~ as identified in Proffered Condition 9 shall be subNitted to and approved by the Transportation Department. Con~enienc= Store Architecture. Any convenienae store constructed on the Property shall have exposed exterior walls of face brick~ excluding architectural d~sign roof, shall be pitched or mansard in ~tyla. Convenience Stor~ Canopy Li~htinq. Canopy lighting over X~ul p~u~ps shall be recessed or shielded in such a man.er a~ to minimize the impact of such lighting beyond ~_h~ boundaries of the Property. Re~t~ietion~ Retarding Tractor Trailers. The sale of fuel a~cciated with any convenience store/automobile self-service station shall be primarily devoted for use by automobiles, No segregated area for tractor t~ailer die.el pumps shall be permitted. No designated ~pace~ for the parking of tracto~ trailers shall be permi~te~. Perkin~ Lot Lichtin=. Parking lot lighting standards shall not exceed twenty (20) feat in height above qrad~ level. All parking lot lightin~ fixtures shall be positioned in such a manner as to minimize the impact uf such lighting on any adjacent property. Ligh~ fixtures shall be of the type that conceals the direct source of light (such as "shoe box" type fixtures). Hours of operation, with the exception of any convenience/combination store located at the southeast eo~nsr of the Property at t~e intersection oS West Hundred Road and Rock Hill Road, no other use on the Property shall be cpsn ~o the public between lz:oo midnight and 6:00 a.m. Sit~ Plan Consideration. Sit% plan~ ~hall be submitted for Planning Commission review 8nd approval a~ eat for~ in Section ~9-269 cf the zoning ordinance. The ~eveloper ~hall notify all adjacen~ proper~y owners and ~he last known 9r~id~t of the Cay Far~ Civic Planning Commission's consideration of the site plan, of the time and date of site plan consideration. Buffer. A one hundred (100) foot buffer shall be ~aintained along the co--on boundary of th~ Property wit~ Tax Parcel 116060100000050 now owned by curtis F. for residential pu~o~es O~ until ~uch parcel and the ~roDerty a~e owne~ by ~he same person or entity. A six (~) foot minimum h~ight lance shall be installed within Cox parcel, the exact location of which ~hall determined at =he =ime cf si~ ~lan review. The aforesaid buffer shall =onfcrm to the requirements of 7/23/97 the Zoning Ordinance, Division 4, Sections 19-520, 19- 521, and 19-522. Traffic Density Limitations.. The maximum density on the Property shall be S2,0O0 square feet of shopping center and $,§00 square feet of convenience market with pumps mr equivalent densities as approved by the Transportation Department. The condition may be modified by the Transportation Department to increase %he maximum density at much time as an access road is constructed from the Property in e wee~erly direction intersection. Vote: Unanimous 97S~0205 In ~muda ~aqistarial District, ~C~C WHO~AL~ COR~-, CELLULaR ONE requested Conditional Use Planned Development and amendment of zoning district map to permit a 190 conmunications tower in an Agricultural (A) District. The density of such amendment will he controlled by ~oning uonditio~m or Ordinanc~ mtandards. The Comprehenmive Plan smggamts the property is appropriate for mixed use transitional use~. This request li~m cn ~.~9 scrag fronting approximately 30 feet on the north line of East Hundred Road, approximately 900 feet east of Rout~ T-~95 and also located in the vicinity of th~ n~rThesst quadrant of the intersection of these roads. 9217~ 9336 and 9700; 822-65U-~ar~ of Percale 7008 and 7804~ and 823-64S-Part of Parcel 0190 (Sheet 42). Mr. Jacobson presented a summary of Case 97SM0~0~ and stated that the Planning Commission recommends approval s=bject to conditions. Me ~urther mtat~d that mtaff recommends denial because the prepomed tower ~ite does not conform to the location criteria outlined in ~h~ Public Facilities Plan and a more suitable tower location might ~xi~t on adjacent, Mr. Jack Wilson, representing the applicant, ~tat~ ~ha% the reco~endation of the Planning Commission wa~ acceptable. further ~tat~d that the applicant did look into the of thi~ particular location, h~wever, based on technological and sarvic= d~mands, alternative locations would no~ serve the customer base. He ~cognized Mr. Jim Lyttle who wa~ present to answer any technical questions. Ther~ was no opposition ~. McEale made a motion to approve Case 97S~U205. ~. ~c~ale then stated that he supports the request b~cause th~ r~comm~ndatiun by the Planning co,lesion and, · pecifically, the proffered condition in place that add~esses ~. War~en seoon~e~ t~e motion, ~. Barber statadthat he supports the request. ~/~3/9~ 97-511 ~r. Warren called for the Vote on the motion made by Mr. MsHale~ seconded by him, for the Board to approve Case 97SN0205 subje~ ~u the fcllowlnq conditions: "' 1. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed te preclude trespassing. A plan depicting this requirement shall be submitted to the Planning D~partmont for approval. (CPC) In o0njumotion with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection 0£ the tower. If FAA approval is required, prior tc release of a building permit~ a copy of F~ approval shall be ~ubmittad to th~ Planning Department. (CPC) 3. The tower ~nd equipment shall be designed and installed sc as no= to interfere with =he Chesterfield County public Safety Trunke~ System, At the time of si=e plan review! thm owner/developer shall submit information as dee~d necessary by the Chesterfield County Communications and Electronics staff to d~termine if an engineering study should be performed to analyze [ho ~ossibillty sf rsdio frequency interference with the upon the fre~uancie~ eno effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study~ if recuired, shall be submitted to, and approved by, the Chesterfield County communications and Electronics staff. (CPC) 4. The developer shall be responsible for correcting any frequency problems which affect the Chester£ield County Public Safety Trunked System caused by ~hie use. Such corrections shall be made immediately upon notification by the Chesterfield County Co~munioation~ and Electronics staff. (CPC) The treatment of the tower shall be as ~ollcws: a. The tower shall be of a monopole design of a minimal diameter, and further shall b~ gray or another neutral color, b. If lighting is required by F~, such lighting d~ing daylight hours shall be limited to medium intensity strobm li~ht~ with upward r~flection and lighting during night ti~e hours shall bs limited to soft blinking llqhts. o. Antennas and other tower-mounted equipment shall be ~pas~d, placed and be of color~ and ~f minimal dimension~, or be otherwise treated, so a~ to ~inimize the visual impact of ~uch tower, antennas and other tower-mounted equipment nay incorporate masking devices or o~her design features which disguise ~he utilitarian appearance of the tower. The exact desig~ and treatment of thc tow=r, shall be approved by the Planning Department. (CPC) equipment, any building and/or mechanical equipment shall csmply with Section 19-$95 sf the Zoning 0~dinsnse relative to architectural treatment of building exteriors and screening of mechanical equipment. (CPC) 7. At such time that the tower ceases ts be used for (12) ~on~ecutivs months! the owner/developer shall dismantle and remove the tower and all associated equipment from the preperty. (CPC) In conjunction witk the approval of this ~eq~est~ a forty (40) foot exception to the 150 foot height limitation for towers in Agricultural (A) Districts shall be granted. (CPC) Vote: Unanimous ~n Mato~c~ Magisterial District, R~C~O~D ~QALITION requested Conditional Use and amendmen~ of ~onin~ district map %0 permit multi-family rosidential uso in a community Business (c-3) District. Multi-family residential use of up to ~4 units per acre i~ pe~mi~ted in a Community Business ~C-3) District. The density of controlled by zoning conditions or Ordinance standar~- The Comprehensive Plan suggests the property i~ appropriate far residential use of %-~1 to 4-0 units per ~ore, This request lies on ~.9 acres fron=ing approximately 47Q feet On =he south line of Price Club Boulevard, approximately i,900 feet east of Genlto Road. GPIN 748-683-Part of Parcel 2S67 {Sheet 14). ~. Jacobsen stated that he is a member of the ~card of Director~ of tho Richmond Bettor Mou~inq Coalition and declared a conflict of interest under the virginia Conflict of Interest Act regarding this request- He further stated that he did not participate in any zoning ~eviews concarnin~ thio request and excused himself from the meeting, the Plenn±nq Commission recommends approval subject to conditions and acceptance of proffered conditions, she fur=nar proffered to address the impacts on capital facilities, but that since this was a unique senior citizen project, t~e Board may wish to con~ider that aspect in their deliberations, she applicant addressing the impaot$ on capital ~aoilities. she stated that the proposed request provides a reasonable land use transition be%ween the ~oute ~6~ commercial corridor and existing and future anticipated lower denoity residential development to %h~ Chip Dicks, ~squire, representing the a~plicant, stated that the recommendation of the Planning Commission is acceptable. He presented an overview of the architectural style of building. ~e stated that.the development will be financed through a HUD 2Q2 Grant and that the Richmond ~etter ~ousing Coalition f~lt that thi~ location would be good for a ~enior was ne ether multi-family approved for the overall and, therefore, the proposed use w&5 permitted. He e~plained that ~ubse~uently another ~ruup submitted sits plans for multi- ¸Il family development on another part of the project rendering ~ulti-family u~ee a~ the request property was not pernitted without a conditional.use permit. He indicated ~hst at the time of the origin~t negotiations, it wa~ n'8~ thought that cash prcf~erz would be an issue since the u~e~ ware permitted at that tim~ and, therefore, the HUD Grant had not accounted for the cash proffers. He ~tated that in term~ of the cash proffer issue, the Coalition is bringing a $5 million NOD Craft to the County, He stated that the applicant expects close to one person per unit versus thm ~.~ person per unit, estimated Dy s~aff. He requested the Board's favorable conelde~ation of the request. Mr. Daniel returned to the meeting. Mr. George Beadles stated that he feels the applicant should ohar~ed $3,151 for the one unit which will be occupied by the staff person managing the facility. He further stated that he feels the Board should oon~ideF the fact that only one person will be residing in each apartment~ which will reduce ~he net impact on capital facilities. Mr. Diok~ ~tated that he feels the development i~ an outstanding project end requested the Board's ~avoraBle consideration of the request. Mrs. Humphrey clarified that this facility will house retired pe~scns with incomes between SZ0,OO0zl~0OO; that recreational ~Decm is being provided; that the facility will have no impact on the area school system; and that there wil2 be no impaot on the police department since they currently patrol the area. she stated that ~he des~ not comprehend hew each of the resident~ will have a $546 impact on County matrices. She further stated that if this project wa~ anything other than project for p~ople 6~ years of ag~ and' ol~er, she would not consider waiving the policy that development eddrez5 their impact~ She ~tated that ~he feels the location of the complex stated that the County has a pslicy to assess need~ and impacts and that there s~e many residents who are interested in ~his type of project. Mrs. Mumphrey then made a motion, seconded by Mr. ~arb~r, for the Board :e approve Cs~e 97SN0~E subject to conditions and acceptance of proffered conditions, as recommended by the Planning ComMission. ~. Barbe~ eoneuDred with the analysis expressed by Mrs. Humphrey, however~ stated that he would expect an4 encourage the ~apital i~pa~t analysis tha~ haz been brought before the Seard by staff. He further stated that h~ feels ~rs. Humphrey ha~ reached e ~ound judgement. Mr, Warren called for the vote on the motion made by Mrs. Humphrey, seconded by Mr, Barber, for the Board to approve Case ~75N~ subject to th~ following Conditions: 1. A fifty (50) foot buffer ~hall be maintained along the southern boundary e~ %he request property. Thi~ buffer ~hall conform to the requirements of the ~oning Ordinance for fifty (50) foot buffer~. 2. A ma~imun of thirty I30) dwellinq unite shall be permitted on any on~ (1) floor level of a 97-514 7/~3/97 3. Parking shall be provided on the basis Of 1.5 spaces per unit. (CPC) (NOTE: Except as modified by these conditions, multiple-family dwelling units must conform ts the requirements cf the Zoning 0rdinanG0 for such units within Community Business (C-3) Dist~iot~.) And, further, the Board accepted the follswing proffered conditions: 1. The public water and wastewater systems shall ~m used. 2. Except for one dwelling unit which may be occupied by a resident manager and their immediate family, dwelling units shall be designed for elderly retirement housing. $~¢k units sh~ll ~eet the occupancy requirem~nt~ for 'age 62 or over" housing a~ eel forth by the Department of Mousing and Urban Development' s Section 9~ Grant Program and the occupancy requirement that no person under 59 y~ars of age shall reside in these unit~. No building shall exceed a height of three (9) storied- vote: Unanimous ~r. Jaoobson returned ~o the meeting- 97~D0285 & 978N0224 In Dale Magisterial District, ~TE MOBIL~ET appealed the Planning commission's determination for substantial Accord and reguest~ Conditional Use and amendment of ~ening district ~ap to permit a 150 foot communications fewer in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or ordinance standards. The comprehensive Plan suggests the property is appropriate for ~eside~tial use Q~ ~.~1%0 4.o units per acre. T~is request lies on 0.3 acres fronting approximately 137 feet on the ~outhw~st lime of Chlppenham Parkway, approximately 200 feet north cf Cascade Street. GPIN 777-6SS-Part of Parcel 785~ (sheet 15). ~r. Jacobson presented a sugary of Cases 97PD0~85 and 97SN0224 and stated %hat %he Planning commission and staff ~eoo~end~ that the Board uphold the determination on the Substantial Accord Act that the soard deny %he request for Conditional Use becau~ the propo~d tower, in th~ r~questad location, does not conform to the looational criteria of the Public Faoilitie~ Plan; given th~ location, topography, and denuded condition of %he property and surroundiug areas, the sites are highly visible to the Chippenham Parkway/Iron Bridge Road inte~e~a~q~; and in a¢csrdance with Guidelines fur Planning commission Review of ~o~ing Approval for Communications Tower L~c~ticns, typically, the towers should De 1coated in areas designated on the adapted Plan for general commercial, general industrial and agricultnral/forestal usa. ~r. Grog Rafferty, representing the applioant, reqn~tsd the Board's faworabl~ consideration of the requests. ~e presented ~raphics ~hcwing the views of the proposed tower from adjacent roads. He stated that he feelm residential development in this area is highly unlikely. ~e stated that the proposed facility is well screened from the residential development to the south and that no area property owners veice~ opposition ~s the proposal. ~e further stated that the structure will be designed fo~ additional users; t~at t~e facility would not interfere with any County co~unication~ ~cuipm~nt; and that the appliuant would agree to provide additional landssaping 7/23/97 along Chippenham Parkway.. Ha stated that ~TE Mebilnet i~ committed tua policy o£ co-location when feasible. Mr. George Beadles stated'tha~ he feels th~.~Board should follow Mr. Daniel stated that the tower, located near the intersection of Hopkins Road and Chippenham Parkway, was approved on a mite zoned for commercial use through many hours of working with entirely different f~om that location. He further stated that he has no reason to override the decision of the Planning Co--lesion and staff. M~ ~tat~d that the primary rea~onz for denying this request are evident including the tower being located near an established neighborhood; the tower not being properly screened; the site being highly visible to Chippenhem Parkway and Tron Bridge Road interchange; and the Plan recommending the area for residential use. Mr. Daniel then made a motion, seconded by Mr. Me.ale, for the Board to uphold the Planning Comm~ion'~ d~t~r~ination that the tower is not in Substantial Accord with the Comprehensive Unanimous 97BN0~40 (A~ended) In Midlethian ~agisterial District, D~¥TON ~UDSON CORPORATION C/O JiM TUCKER requested amendment to a previously granted o~ zoning ~iatrlo% map to increase the permitted square footage of building-mounted mignag%, plug proffered condition on adjaasnt property rsgardlng building-mounted signage. The density of such amendment will be controlled by zoning condi=ians or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light indus%rial use. This request lies in Light %n~u~trlal (I-l} and General Buuinmss (C-5] Distriet~ on 17.0 acres fronting ~pproxim~tely 450 feet on tbs east line eS ~ran~hway Road~ approximately 360 fa~t south of ~idlothian Turnpike. ~PTN 74~-70g-3~ and Mr. Jacobsen presented a summary of Case 97SN0240 and stated that the Planning Commimmion recommends denial. ~e stated ~b~t staff recommends denial because the current sign standards in the Zoning Ordinance provide ~dequate identification copy for all uses on the property and appmoval of the applicant'~ request could enco6r~ge other businesses to seek similar e×¢epti0ns, John cegbill~ Esquire~ representinq the applicant, requested that the Bear~ approve the request to allow Target Greenland to have a larger sign. He also requested that the Board eha~ge the condition of zoning that would allow u~era in ~his shoppin~ center to have that which is permitted by the County's current zoning ordinance. He seated ~hat he feels t~is shopping center will benefit the corridor. He recognized ~r. Rich ~at~l~, representing Target, who was present a= the meeting to answer any questions. He requested that the Board give Targe~ a sign t~at ~atches aesthetically with ~he size of the building in which they are constructing. ~e referenced a request in 1993 in which the Board approved the Service Merchandise siqn that was ~03 percent greater than that which was permitted under th~ Zonln~ ordinance in affect at that time. He stated that unique circumstances affect this property and that the Board of Zoning Appeals unanimously approved a request to allow a larger freestanding sign ~n Route 60. He requested that the ~eard allOW the larger sign for Target in return for the applicant 7~23~97 97-516 not erecting a permitted freestanding sign on Branchway Read and internal freestanding signs in the project. He f~ther ~eguested that tho Board allow the applicant to a~rega~e the available on Branchway Road into the aggregate area of the building mounted signage. He noted this will provide the applicant with a total 924 ~quare feet of slgnage. He presented as overview cf the p~opo~ed ~arget store, the ~hopping center, the si~ of the main ~ntrance ei~n to the shopping center, and existing mignaqe which is planned to be removed along Midlothi~n Turnpike. He stated that the applicant is requesting the ability fo~ driver~ to ~afely identity and enter the sh~pping center and noted that the ~tores in the shopping center are located 630 feet f~om Nidlothian Turnpike. M~ further stated that the applicant is also requesting, and would be willing to agres, to the removal of two additional freestanding signs that are currently available under the existing srdinancs, therefore, three freestanding signs would b~ removed within the proposed proper~y. He s~ated that he feels the zoning Qrdinsn¢~ not contemplate the situation regarding this property. He signage to approximately 470 feet. Ee briefly reviewed the reasons for the Bl~nnin~ Con~ission amd staff denial of ~he r~que~t. He ¢tat~d that since 1999~ there has been only one other instance, to his knowledge, in which an exception has beee gra~ted and, in each sf those iDstane~, all of the busine~se~ were located adjacent to an arterial road. Me lead to sign proliferation along the Midlothian Turnpike corridor. He stated that the applicant is requesting a larger Turnpike; it is obscured by cutparcels fronting Midlothian Turnpike; the sign pezT~itted by 'the zoning ordinance would be virtually unreadable from Midlothian Turnpike; the proposed sign is smeller than the standard .Target sign; the proposed sign ie proportioned based upon the building frontage7 the sign exception will be for Target~s benefit only; the request eliminates the right for the 50 foot freestanding sign; request eli~inatee the right for ocher freestanding within the ~ounds cf tko I-1 prcper~y; the revues% is proportionally smaller than what was approved for Service ~erchandiae; the request eliminate~ five non-conforming ~igns; and Target is a good corporate citizen who contributes five percent of irs federal taxable income to civic endeavors and has already contributed approximately $200,000 of on Midlothien High School. He further stated that support for this request would demonstrate that this Board is committed to increasing the commercial tax bass. He requested the Beard~s favorable consideration of the request for approximately 470 feet of signage and to allow Ukrops and Kohl's to have that which would otherwise be permitted by ordinance. ~r- ~alter Marsh stated that he supports tkis request and that a~ some buildings get larger, the signs should also ~e larger so that they stay proportional to the size of the building. Me further crated that people need to be able to identify t~e sign fr~m Midlothian Turnpike and requested that the Hoard approve the ~r. George Seadlea stated that he feels the issue of complying with the County's sign ordinance ne~ds to be addressed and that he ia opposed to the request. He requested the= the Hoar~ deny this request. ~r. Cogbill reiterated that the County's ordinance do~ net cuntemplatea shopping center that i= located mere than two football fields from the road. Ee stated that the appliaant improving the pro~erty tc ths benefit cf the County, in terms 7/23/97 g7-517 of tax dollars. He further mtated that' the size of the proposed sign is based on the ~peed and position of theme traveling along ~idlothlan Turnpike. He clarified that the applicant is reguemtlng to. combine the 284 square fe~tr that which is currently authorized, and add to that the 50 square feet of additional ~ighage thst would~% permitted along ferward mn an accelerated basis because of the need of Target to get a sign fabricated, as this is not a standard sign. He expressed appreciation to the Board of Supervisors and the ~lannlng Commission for allowing the applicant to move this request forward more rapidly then what otherwise would have been permitted. When asked, he stated that the applicant has already removed three freestanding signs on the property and wilk move two additional frsestandiag signs. He further stated that the applicant will also ~gree not tQ erect other freestanding signs on the I-1 property. Mr. Barter stated that this request is a complicated issue. Ho further stated that Target chose this location and that he feels t~is shopDi~g center is not going to be unlike other shopping centers. He stated that the Board put forth much effort in the development and adoption of the sign ordinance. He further stated that the Board does not want %o se% preomdmnt that a large building deserve~ additional consideration beyond the ordinance. ~e ~tated that Service Merchandise did receive a variance from the ~ign ordinance, however~ that requent prompted th~ Board to review and rewrite that ordinance. He further ~tated that th~ current S~vioa Merchandise sign is smaller than what is being requested by this applicant% He stated that he does not feel that using other area shopping cantor signs as a comparison is because most of the signs were erected ~der the old sign ordinance. He further stated that a safe, attractive, street pedestal sign is needed to identify the buildings in the shopping center. Ee stated that the i~sue with ~he ordinance and %he comprise is that the zoning in place would allow for a ~ ~quare foot sign- ~ further stated that the appliuant would be permitted, by conditions of zoning, two signs having a total of 2¥4.~ ~quare feet. He stated tha~ he feels it would be fair to allow the applicant tm have a single sign of 284 square feet, which is a conceesien of the two signs becoming one, but not a concession from the ordinance to allow larger square ~ootags. ~e further s~ated that what is currently permitted for both Ukrops and Kohl~s is below what the ordinance would allow and that he wo~ld be willing tm allow both Ukrops and Kohl's bo have what is permitted by ordinance - - 202 square feet for Urkops and Z28 square feet for the Rehl's building. He stated that he~ th~ County, and the Planning Commission have been business-friendly and have fried to County's sign ordinance spsciflcally addressee freeefanding signs and the Board of Zonin~ Appeals has already allowed an approximate 100 percent increase in ~quare footage. He stated tha~ the building mounted signs have a separate purpose from attracting business from the street. He further stated that feels if the Board of Supervisors strays ~rom the sign erdinance~ it is sendin~ the ~e~sage to th~ Board of Zoning Appeals that the ordinance does net matter. He stated that he recon~nemds that the Board adopt an increase fro~ what currently permitted, as was outlined. 975N0240; allow the Target Greatland Store to hove a building ~cunted identifiuaticn sign that would nsf exmeed an agqre~ate area of ~84.3 square feet; allow the other tenants $ignage per the requirements of the current zoning ordinance; accept proffered condition 1 as submitted; not accept preffered oondition 2; and impose a condition to read: "Building-mounted 97-518 signs on Parcel 7, Tax Map 17-9 (1), shall be permitted provided they do not project above the roof tine. In addition, the aggrsgate area of the building ~ounted identification signs for the Target ~rea%land St~r~ ~ha%l limited to ~g.3 square feet. All the building-mounted business identi~icatian ~igns un the Parcel shall be subject the Zoning Ordinance regulations. At ~uch time as the Target Greatland, or other businesses owned by Dayton Eudson Corporation, no longer occupies the Parcel, ~ignaqe far that portion of the building shall be subject to the Zoning ordinance." Mr. McHale seconded the motion. Whe~ a~ked, Er- Cogbill showed a g~aphic comparing a Target mign that i~ ~42 square feet and one that is 522 s~uare feet. He further stated that an existin~ billboard would be removed in 1999 and that other eMimting ~ign~ would be remcued with this development. He stated that ~he difference between Barber's motion and the applicant's request ie that the applicant has regussted 469.9 square feet and Mr. ~arbsr is offering 284.3 square feet. Mr. Warren stated that based on all the information that been presented, he is willing ts support the rgqug~t of the ~pplicant. He furthe~ ~tated that these t!rpes ef requests need to be addressed on their own merits. Mrs. Humphrey stated that she understands Mr. Barb~r~ logic ~nd that the applicant did chco~ to lecate 630 f~et off the road, however, the applicants ars also willing to clean up some of the signs on this property. When asked, Mr. Cogbill stated that the applicant ie requesting 469,9 square feet for the Target store so that the sign will proportionate to the face of the building. He further stated that the applicant is requesting only what is permitted in t_he current ordinance for Ukrops and Kohlt~. He stated that the applicant f~ elco agreeing to give up the 50 square foot sign on Dranshway Road and the two tee square ~oot ~igns, five fact tall~ for Ukrop~ and Kohl's. ~e further stated =hat he and Barber are 100 square feet apart. Mr. Barber stated that the Branchway sign and the two ten foot ~gns w~thin the property are not an issue in his opinion. He Board put together a comprehensive sign ordinance and whether dfd put together a comprehensive sign ordinance and that he fee~s the ordiuaD¢~ does apply. ~e further ~tated that the Board of zoning Appeals has already allowed a larger fre~tanding sign and the Planning Commission has recommended denial of a larger building mounted sign. He stated that the issue is what is the purpose cf the building mounted sign and what should the size be. He further stated that he feels it ~ses ~et a precedent if khe Bo~rd approv~ a ~ub~tantial deviation free the ordinance. He stated that, in the spirit of fairness, he feels the Beard should allow the appli¢~Dt to aggregate the square fsstage of total siqnage currently permitted. He further stated that wha~ is currently permitted is two signs whose total could reach 284 square feet. Ha ~tat~d that another conce~on is going from the existing zoning limitation, which is 154 and 192 square feet, to =he larger ~ign~ for both Lrkrop~ and Kohl's~ which is 202 and square feet. 7/23/97 Mr. Cogbill stated that the applicant would ~ind it acceptable if the Board would be willing to grant Target's an aggregate signage of 3~4 square neet whlsh would be $ ocmblnation of the 254-~ square feet of b~ildin~ zounted'signage currently Branchway and the two permitted ten squar~ foot signs internal to the project. He further stated that both Ukrops and Kohl~e would be entitled to what is provided in the current ordinance. Mr. Barber stated that as recently as this evening, applicant had indicated that he would be happy at 334 ~qua~e feet and no~ the applicant is =equesting an additional ~wanty ~quare feet, b~sed on the t~o t~n ~are f~ot ~igns_ ~r. Cogbill ~tated t~at 334.3 would be acceptable tc the applicant if that is the pleasure of the Board. Mr. Warren stated that he will support the ~4 square feet of signage given that the overall ambiance of the area will be i~proved wit~ this development. Mr. Daniel made a substitute motion, seconded by Mrs. Humphrey, for the Board to approve Ca~e 9?SN0~4O and accept Proffered Condition 1 and not accept Proffered Condlt~en 2 and rather Mr, Warren called for the vote on th~ ~ub~titutu motion made by Mr, Daniel, seconded by Mrs. Kumphrey~ for the Board to approve Cas~ 97SN0240 subject to th~ following eondi~ione: !, ~uilding-mounted cigna on Parcel 7, Tax Map [GPIN 7&2-708-3225], ~hall be permitted provided they do not project above the roof line. In addition, the aggregate area of the building-mounted identification signs for the Target Greatland atone shall be limited to 334.3 square feet. All othem building-mounted business identification signs on Parcel shall be subject to the Zoning ordinance regulations. At such time as the Targa= Greetland, er no longer occupies the parcel signege for that portion of the building shall be subject to the Zoning ordinance. (NOTE: This uonditioa supersede Con~ition S.C. of Case 2. With the exception of directional signs a~ permitted by business signs permitted. (BOS) A~d, f~rt~er, the Board accepted the following proffered ccnditich: With the exception of directional huilding-~ountsd bumfn~ss identification signs Parcel 50, Tax ~ap 17-9 (1) [CPI~ 742-70~-~6171 signs, there shall be no permitted on Yhe ~oard b~ing polled, th~ vot~ was a~ follows: ~r. ~cBale: Nay. ~r. Daniel: Aye. ~r, Barber: Nay. Mrs. Humphrey: Aye. Mrs. Humphrey excused herself from the meeting. On motion of Mr. Daniel, seconded by ~r~. ~umphrey, the Board suspended its rules a= :his aims tc hear Csse 97SN0269 due t~ha latest of the hour. Vote: Unanimous In Dale Magisterial District, JOH~ TED PATRICK AND THOMAS LOU~KRAN requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-9}. A ~ingle family residential ~ubdivi~iun having a minimum lot size of 9,000 mqusre feet is planned_ The applicants have agreed to limit development to a maximum of 1~0 lots, yielding a dmnsity cf approximately 2+0 units per acre, The Comprehensive Plan suggests the property is appropriat~ for r~si~ential usa of to ~.5 units per acre. This request lies on 74.4 acres fronting in two (~} places for a total of approximately 1,450 approximately 750 feet ca the ~cuth llne of Timbercreek Drive and located in the southeast quadrant of the intersection of ~heso roads, also lying at the western terminus of Plu~ Street (sheets 22 and 31}. ~s. Rogers presented a summary of ca~e 975N0269 smd ~tat~d that the Planning Commission recommends approval and'acceptance of the ~roffered conditions. She further stated that staff r~commends approval, subject to the applicant addressing the impacts on capital facilities, consistent with the Board of Supervisors~ policy. She noted th~ request conform~ to the Central Area Land Uae elan. ~rs. Humphrey returned to the meeting. Les Saunders~ Esquire~ representing thm applicant, stated that the recommendation of the Planning Commission is acceptable. Ms e×pressmd appreciation to County staff and citizens for their efforts re~arding' this request. There was opposition preeent. Faf. Michael Gizzi, a resident of Salem Church Road~ requested relative to drainage iseues ~urrounding this ~eque~t and ~tated that he is currently experiencing drainage problems. He expressed concerns relative to a sid~alk bein~ constructed along Salem Church Road. H~ regu~stad ~hat the drainage and Association, representing Ashton Woods and Chesswood Associations, stated that this reCmest has come e long way since 199~ an~ expressed appresiation t0~r. Daniel and County staff for their efferte regarding this request, He stated they are happy with the current results of this request and that the drainage problems for Ashton Woods have been addressed. ~ r~qu~gted the B~ard~s favorable ¢cnsideratio~ of the request. Mr. Saunders e~pressed appreciation to Mr. Aprile far his late attendance in supporting this r~quest. ~r~ Daniel requested the applicant to add.ess Mr. Gizzi's concerns regarding drainage. He stated that a zoning request 7/23/97 was denied in 1~9~ primarily because many of t~e conditions before the Board at this time were not part of that zoning. further stated tha~ the applicant did file.a lawsuit against the County and that th61'Uudge inmtructedC~th~k the case be negotiated until an agreement was reached_ M~. Daniel then made a ~otio~ $~COnded by Mr. Warren, for th~ Board to approve Case 97SN0269 and accept the following proffered conditions: 1. The applicant, ~ubdivid~r, or assigne~(s) shall pay $3,083 per dwelling unit to the County of Chesterfield, Drier to tim~ of building permit applicatiun, for infrastructure improvements within the service district for the property, except that cash proffers will not be paid for two units after the lOOth uni~. AS used in this paragraph, the term =dwelling unlt~ shall mean a single lot upon which is to be constructed a single family ~welling- 2- With the e~ception cf timbering to remove dead or diseased trees which has been approved by the Virginia timbering until e land disturbance pe~it ha~ obtained from the Environmental Engineering Department and the apprsved devices installed. At time of recordation of a sUbdiVision plat, thirty- five (35) feat of right-cf-way on the east side of Salem ChUrch R~ad, measured from the canterline of that part of Salem Church Road immediately adjacent ~o the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. public road located north of the Sara Kay Drive/Salem Churuh Road intersection. There shall be no access to the property from chipping Drive or ~lum Street. 6. To provide for an adequate roadway system at the time the complete development, the developer shall be responsible for the following: A. Construstlon of additional paveme~ al©rig Salem Church Road at the approved acoas~ to provide left- and right-turn lanes, if warranted based on Transpsrtatico Department ~tandardm; and B. Dedication tm an~ for the benefit of Chesterfield County, free an~ unrestric=ed, any additional right-of-way (o~ easement(s)) required for the improvements identified above. 7. Prior ~e any road and d~ainage plan approval, a phasing plan for requir=d road improv=ments, as identified in Proffered Condition 6 s~all be submitted to, and approved by, the Transportation Department. $. The overall average lot size shall be a minimum of 12,000 m~uare feat. 9, All lct~ adjacent to the northern, ~ou%hern and eastern boundaries of the property shall have a ~ini~um ar~a cf 12,000 square feet. 97-522 7/23/97 10. The minimum gross floor area of dwelling units shall be as follows: a. One-story located on lots adjacent to northern, southern and eastern boundaries of the property h. One-story located on any other lots - gross square fee% Cape Cod - 1~1~ gross square feet ~vo-~hory - i,496 gromm mquare feet. A mlximam of 150 lots shall be permitted, exclusive of an~ lot demi~na~ed fo~ public A buffer shall be provided along Salem Church Roa~ The exact width and treatment shall be approved by the Planning Commission at the ti~e of tentative mubdivision plan approval. 13. A tentative subdivision plan for the entire ~roperty mhall bm mubmitted to th~ Planning Co--lesion for r~vi~w and approvsl. The last known r~r~ssntative of Ash%on Wood~ ~cuth, Chesswu~d, Sunbury Two amd Salem WoOd~ Homeowners' Associations on file with the Planning D~partment# shall be mailed notices by the swner/develcper of tenlative su~ivi$2on plan submission to Chesterfield County. Prior to t~ntative subdivision plan apprcval~ the owner/developer shall provide Planning Department with evidence of such msilinqs. ~- ~rior ~o ~he ismuancm of a land dimturbs~nce p~rmlt, all delineated wetlands outside the Resource Protection Area (~A) shall ~e approved by ~he co~pm of ~ngin~r~ and a written aopy of all appro~al~ ~hall be ~ubmlttsd to Environmen:al Engineering. A twenty-five (25) foot tree preservation ~trip shall he ~aintained along the southern property line adjacent to th~ exisLing ~asidential leks within Salem Woods, Section "E." All trees eight (8) inches in caliper greater shall h~ retained except that dead, diseased or dying trees eiqht 18) inches or greater in caliper may be removed. This tree preservation area shall be sMclusiv~ of ~ase~ents. For lots adjacent to e×istinq residential iQC~ within Salem woods, Section E~ a minimtuu ~ear yard ~tback ~f 25 feet {R-12 standard) strip, stormwater s~all be retained on site based upon the pomt and 10O year storms for each of aha Proctmr'¢ Cr~k and downstream of the confluence of Proctor's C~eek and release rate ne greater than the pre-development 2, l0 17. and 100 year storms, provided that drainage easements are adequate to accommodate such installation, or the county, at. i%$ expense, obtains such:easements. The follewin~ Deola~ation of Restrictions shall be recorded in conjunction with thei~irecordation Of any subdivision plat: owned, ¢onvmye~, umed and occupied subjac~ to the followin~ restrictive covenant~. ~o lot shall be ~d e~cept for r~id~ntial and related purposes. No remidence shall be erected, altered, placed or permitted to remain on any lot oth~r than one detached single- family dwelling not to exceed two and one-halt stories in height and a private garage for no more than two cars. No fence or wall, except approved fences, approved hy the Architectural Control Committee~ shall be erected, placed or altered on any lot. Nothing contained herein lots for the purposes of providing residential u~ility servi~ms ~o and ~or other lots. Th~ minimum squar~ footage cf dwellings sh~ll be as fell0ws~ TWO-StO~y - 1,496 gro~s ~qua~e feet Cape Cod - 1,414 gross square feet (c) One-story located en lots adjacent te the nor~hern~ southern and eastern boundary line~ of the property - 1,300 gross square gross square f~st. NO buildin~ shall b~ 1Geared on any lot nsarer to the front line of u lot or nearer to the side s~reet t~an tbs minimum building shown on recorded plat. '~ny dwelling or building construated ~n this property shall have an exterior finish of brick, stone~ or Grade B or ~etter wsmther boarding or wood siding~ er any o~her finish approved by the Architectural Control Committee~ except ~hat guest house~ servant cottage er dependency buildings may be constructed of ether type~ clapboard masonry, provided all buildings shall be painted or stained, e~d finished in a ~orkmanlike manner and similar in appearance to dwelling. For any siding other than brick or stone, siding shall be painted or stained with any majou pain~ manufacturer doing bus,ness in the Richmond Metropolitan Area. Ail buildings shall be covered with permanent type roofing slate, high quality asbestos or asphalt shingles, %ils, or 0=her e~ual or similar roofing. No lot owners~build, rs shall use plastic or aluminum si~ing, paneled siding such as T~111, plywood or masonite t~rpe panel~ siding on u~y hnmes. All foundations shall of brick. Each dwelling unit shall haue minimum of three (3) windows facing th~ adjacent to any front yard. Windows shall be 97-5~4 (3) (6) (7) Ia) of average "double-hung:' residential slza and shall not be directly adjacent to each other. For any dwellinq unit? minimum roof pitch shall De 7:%2 and the minimum ~i~ roof overhang shall be t~elvs el2) inches. Successors in title to l~t~ shall net be permitted to further subdivide any lots without the consent or approval of the developer or thsir acc~qn~, or aa otherwise provided herein. altered on any lot until the censtructlon plans and specifications and a Dlen showing location of th@ structure hav~ b~en filed with, and approved by, the Architectural Control Committee a~ to quality of workmanship and materlslsI harmony of exterior deslgn? and as to ~oce~io~ with respect to topography and finish g~ads ~lsvation. NO fsnc~ Or wall ~hnll ~e erected, placed or altered on any lot nearer to any street than the minimum building s~tbaok fencing ~hall be prohibited in front yards. Window or through-the-wall ~ir conditioners shall be prohibited. On the ~ame side of any street, there chall be no more than two (2) one-story dwellings located &djasent to each other. The Architectural Control Commit%es is uf th~ following three persons: The Developer, appointed by the Developer, who shall be a let owner (other than the Developer} in the development. The gcmmittae shell deslqnate a representetiue resignation of one of the members of Committee, the rsmaining members sh~ll have provided said successor is the owner of a lot in the cubdivisiom. Neither the members cf the co~ittee nor its de~iqnated representative shall be entitled to any compensation for ~er¥1ce~ performed pursuant to thi~ oovena~t; provided, however, the Committee may employ an event, a charg~ not in e~ce~ of $~0.og may be mad~ for services of said architect, such amount to be pa~d by any 1st owner~ the consideration of whose plans, in the opinion of said Committee require the services cf ~eid a~ohite~t, The committee's approval or disapproval as writing. Easements for utilltie~ and drainage are right i~ reserved tc th~ developer, their successors and assiqns, to e~tablish and grant any additional easements along, over, upon and across any lo~e owned by it, (located when possible along lot lines) and along, over, upon drives for the purpose of furnishing utilities 7/23/97 (~) (~) and/ct draina~s in or through said subdivisien. No ~t~ucture of a temporary Character, trailer, baeement~ tent, shack, garage, barn, other outbuilding ~hall be used on any lot at any No animals, livestock or poultry of any kind shall Ds raised, bred, or kept on any lot, except dogs, cat~, or oth~r household pets wkioh may b~ kept, pro¥ided they are not ~ept, bred er Maintained for any commercial purpoeee. No sig~ of any kind shall De displayed to the public view on any lot e~cept one siqn of net more than four (4) square feet advertising the property for sale, and a sign used by a builder to advertise the property during th~ construction and sales period not to e~ceed During construction, the developer/builder desirable trees having a height of fifteen (iS) outside the house footprint. Such retentlen ~hall be binding on all parties and ell persons claiming under :hem for a period of thirty be automatically extended for ~uccessive uign=d by u majority of the then owners of the coYenant~ in whol~ or in part. equity again== any person er persons violatimg Invalidation of any one ct these covenants by judgement or Court order shall in no way affect any of the other p~ovisions w~ich shall remain in full force and effect. The Architectural Review Committee may no~ conditions or restrictions set forth h~rein as paragraph (1~-I18), for a period of ten (10) years from thc date of recordation of the first subdivision plat, After that time, th= Architectural Review Committee their successors uny or all of said conditions and restrictions conveyed by th~m. The sole right of the ?/23/97 97~26 18. 19. Committee to amend these restrictions mhall terminate when all of the above described lots shall have b~n sold or conveyed by them, and thereafter, these conditions and restrictions may be wsived, amended or ohange~ Dy the owners of a majority of the above described Except that no such waiver, amendment or change shall be made. which will per, it any lot~ in the subdivision to be used for any purpose other than for a ~ingle family dwelling site or for providing re~iduntial utility services to the subdivision. In conjunction with development of the first fifty (50) lots of this development, a sidewalk shall be designed and constructed in accordance with VDOT standards along the east side of Salem church Rued £rom ~he approved public road ~cceo~, as ideDtified in Proffered Condition 5, to ~ha existing crosswalk which serves salem Church Elementary School provided sufficient ~i~ht of way or easements exist, or van be made available by others, for such construction and provided that the sid~walk~ will be maintained by eifh~r VDOT or cheeter£ield County At time of tentative subdivision plan submission, minimum of 1~,000 squar~ feet shall be designated for public use, which land shall be spprapristely useable for recreational purpo~en. The general location of this a~ea ~hall ~e at the northeast intersection of th~ shall be dedicated, free and unrestricted, to amd for the benefit of Chest~r£ield County~ ~f ~eaept~d by th~ Board of Supervisors. Further, in conjunction with such dedication, the developer shall pay the County $500.00 for infrastructure improvement~ to such land infrastructure improvements to such land having a of $500.00~ the nature of which shall be agreed upon b~twsen the Develuper and the Department of Parks and Renreation. Vote: Unanimoum 18. AD~OURNF~E~T On ~otion of Mr. Daniel, seoo~e~ ~y ~r. ~ar~er, the Board adjourned at 1~:13 a.m. until August ~7, 1997 ht 3:00 p.m. 7/23/97 97-527 Arthur $; Warren 71P3197