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08-27-1997 MinutesMI~UTES Mr. Arthur $. Warren, Chairman Mrs. R~nny B~ Humphrey, Vice Ckrm. Mr. Harry G. Daniel Mr. J. L. McHala, III Mr, Lane B. Ramsay Colone~ Carl 2. ~aker, Youth Serviceg Ms, Marilyn Cole, Asst. Le~i$1a~iv~ Services Ms. Faith L. Davis, Clark to ~he Board Ms. Becky Dicksen, kctin~ Dir,, sudge~ and Management Mr. William D. Duplar, Building official MS. K~rla J. Garner, Dir.~ Mr. Michael Gelden~ Dir. Parks ~nd Recreation Mr. Bradfezd S. ~ammer, Deputy County Admln., Mr. Russell Harris, Ceunuy ~budsman Mr. Thomas E. Jacobsen, Dir., Plannln~ ~. ~. ~dw~rd James, Di~., Purchasing ~r. Donald Kappal, Public Affairs ~s, Mary Leu Lyle~ Dir.~ Accountin~ Mr. ~. John Dir.~ Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Economic Development Mr. Richard Nunna!ly~ General Dir., Bud~e~ & Management Dr. Robert Wagenknecht, Dir., Libraries Hr. Wasren called the regularly scheduled meetin~ to ardor ~t 97-529 ~. APPROVAL OF MI~-UTE$ LA. ~]Ly 23, 1997 (CASE 97~N0240 - DAYTON H~q3SON CORP.) aDproYsd minutes of July 2~, 1997 clarifying the Board's acLicn on zoning Case 97S~02%0~ as submitted. 1,~, {rULy 2~. 19~ On me, ion of Mr. Barber, seconded by Mr. ~cHale, approved the minutes cf July 2~, 1997, as snb~itted. the Board Mr. Ramsay stated that M~. Mary ~nn Harmon, with the Chesterfiel~ Friends of the Libra~, who was recenzly appointed ts zhe Board of the Library of Virginia by Governor George Allen and Mm. skip Auld, Assistant L~brery Director, was appointed the Stets Networking users Advisory Board. ~e commended Earmon and Mr, Auld on their appolntm~nts and ~or their contributions to the libra~ MT. Ramsay recognized ~r. Jo~rnon, Right o~ Way Manager, who is currently sa~ing a~ Presidemt of the virginia Chapter of the International Ri~h~ of W~y Association. ~ ~%e~ Uha~ mission of the Association includes providing ~ducation related ~e ~he prolessional tasks of its members and improvin~ service to their employers nnd the public. He commended Mr. Harmon on Mr. Ramsay staled that ChesUerfield County received it~ first Virginia Municipal Lea~* AwarO. H~ 9h~n in~ro~ucud Mrs. ~o z~cognize County Department~ who ~eceived ~he 1997 Achievement Awards from ~h~ ~atlonal Association of [NACo}. Mrs, Cole stated that the County rac¢iv¢~ fifteun Achievement Awa~dn from the national Association uf CQun~ie~ (NACO) an~ noted that Chesterfield had the distinetion of leadin9 the State in :he most Awards received ~y any county in virginia. further statid that the County's Public lffair~ Department received six Awards from the National ~ssociation of Information Officers (NACIO). Achievement Awards: DeDar~ment Service Fire Department Nealth Depar%ment Worm Bin Workshop Etr~t Tree Inventoz-y Fike Medic Program Automatic Interjurisdiction Emergency Rs~po~e and Inspectfons Procedure Families First 8/27/97 M~ntal Msal~h/Msnta% Public Affairs {NACIO Awards} > Chesterfield County Domestic Violence Task Force > Family Centered Transition > Supported ~©usin~ Option~ · Community Response Program ~ Mead©wbr©ok Community Initia%ive > Community Fnhancement Program > The Rivarfront Plan > County Comments Excellence lt~ard · ~lack History Month > Team Sifts Through Rubble - Excellence Award > Chesterfield choice Excellence Award > Bond Referendum - Excellence Mrs. COle recognized 9ublic Affairs to= recaivin~ the first Awsrd from the Virginia Municipa~ League for their Band Re£~rendum effort. Mr. Warren, on behalf of eke Board, e~uprasse~ appreciation to all the employees on receipt of these Award~ and for their tremendous ~fforts, leadership~ and t~amwork. 5. R~SOLUTIONS ~ND SPECIAL RECOGNITIONS OF HI~ 1997 ~ATIONAL PIIBLIC SERVICE AWAP~ On motion o~ the Board~ the ~ollowing reselution ~as adopted: W~EREA~ Mr. Lane E. Ramsay, Chesterfield County Administrator, has been i.nstrumanUal in leading chesterfield county to re~ionsl and national p~mmin~ne~ a~ an ~iicient, cus~om~r~service orien~e~ local government dedicated to q~/ality; and WHEREAS~ Mr. Ramsay has recently achieve~ the distinction o~ bain~ selected by the American Society for Public A~ini~%ration as one of only five individual~ nsLionwide to earn the 1997 National Public Service Award; and W~EREAS~ this Award reco~izes excellence in public admini~ra~io~ ~y illuminating governmenL Kh~ works and 9~EREAS~ this honor is well deserved and brings credit not only %o Mr. Ramsay, but ~ al! Chesterfield County employees and residents; and outstandin~ leadership an~ dedication to public series. 97~531 NBW~ T~EREFORE BE IT RE$©LV~D, that the Chesterfield Couuty Board of Supervisors publicly e×prssses its appreciation to Mr. Lane B. Ramsty for his demonstrated ~xeelleuce in public uervice and formally rssQgnizea his 1997 ~atienal Public Service Award. be presented to Mr. Ramsey and that this resolution be permanently recorded among the Dapers of this Board of ~upervisors o~ Chesterfield County~ Virginia. Mr. Warren, accompanied by each Board member, pre~nted the leadership and dedication to public s~rvice, and congratulated him on receivin~ the 1997 National Public Service Award. Mr. Ramsay expressed appreciation for the recognition and ~tated that he was proud to recognize Chesterfield County in receiving this Award. ~e further ~tat~d that this Award would not have been possible witheu~ ~he employees of Chesterfield Caun~y. ~e then recognized Mr. Skip Auld, who was pressnt at the meeting. Mr. Warren commended Mr. Auld on his appointment. Mr. Auld stated that it i~ an honor to ~rve Chesterfield County on the State Networking users Advisory Board. He expressed Mr. Daniel stated that the Total Quality Management initiative clearly shows continuous im~zov~men~ in Chas~urfleld County. Mr. Barber stated that he represented conclusion o~ the County's Minority Internship Program Reception and Ceremony an4 presented a plaque Po ~r. Ramsay, wi~h a picture cf ~he students in the Program, which was given to the Board of Supervisors by the suuden=s. Mrs. ~umphray stated LhaZ she~ Mr. Barber, and the Planning s~af£ attended ~ ~cond meeting r~ardin~ the 288 Corridor Plan which was well attended and invited everyene to attend future me,tings. Mr. McKale stated that he attended the kick=off meeting for Friends o~ Chesterfield Riverfront and e~prcsoed appreciation to tho ~o~rd ~or ~heir contributions uowards ~he ~iverfrcn~ Plan. He f~rther Stated that h~ looks forward to working with the Friends in ~he future in an effort to improve ghings along Appomattox and James River~. Mr. Warren stated he~ Mrs. Humphrey~ and Mr. Barber attended a meeting with the Legislative Committee on August 26, ~997 with th~ topic of discussion being the Powhite P~rkway as a toll road. ~e noted ~hat Senator S~ephen Martin and Delegates John Watkins and Jack R~d also ~ttende~ th~ mee~ing~ He s~a~ed tha~ the Board of Supervisors has received e report by the Powhite P~rkw~y Toll Study Committee and expressed apprs~iatio~ to everyone for their support and e[forts toward this ~tudy. ~e ~urther ~taued that ~eptember 21, 1~7 will be Zhe grand opening 8/27/97 97-592 On moUlon of Mr. MoKale,' seconded by M~! Barber, Uhe Board Dutch Gap Conservation Area~ added Item $.C~12,d.~ Award of Costs Ral~tlng to the Jefferson Davis Jamboree; added Item to Consider the I~uance of C~rti£ica~us of Participation Notes for Construction of the Kew Juvenile Courts Building and Building; and deleted Item I~.Q., Public Hearing to Consider an Amendment to the FYP7 98 Budget to Appropriate $~I7,700 in grate, Medicaid Waiver, Third Party Fees, and Department et Social Sea-vices ReYenue~ for th~ ~ental Health/Mental Eatardation/subszaaceAbuss DsparZment and, adopted :he agenda, as amended. 6. WORK There were no Work ~ions at this time. DEFERRED IT.S AN ORDINANCE TO A~END THE CODE OF TEE COUNTY OF' CKRSTR~IELD, 1997, AZ ~M~/TDR~, eY A~ENDING ARD REENACTIN~ SECTIO~B 19-90 A/rD 19-95 rELATING TO 9EP~ITTR~ USES IN R-9 ~ R-7 ~ONIN~ DISTRICTS Mr. Jacobsen stated that on July ~?, 1997~ the Board of supervisors deferred eoneidaration of an ordinance to amend the Code uf the County of Chesterfield, 1997, a~ amended, by amending amd reenectin~ Section~ 19-90 and 19-95 reLa~ing to permitted uses in R-9 and R-7 zoning di$HricHs. He further s~ated that adoption of this ordinance will no~ allow granting of k-9 or R 7 zoning in the fuHura, however~ it will allow development to continue according ~O ~he curren~ R-9 and A 7 standards fez axi~tln~ zoned R 9 property and R 7. Mrs. ~umphrey slated that she held a succee~ful M~toaca District residant~ expressed concerns regarding the new proposed high school being built. ~h~ ~urther ~ta~ed that the villag~ re~idents are comfortable with their ~mall communities. She expressed appreciation to County ~aS~ ~or their attendance She ~tated ~ha~ Rameses rzsidents have sent ~he meseage that fluxibility in communities is what is important, Sbu stated ~ha~ she will support the proposed ordinance. She stated that she would like staff to ~ev~ ~orward with reevaluating efforts regardin~ this ordinance. ~e further stated that the development has no merit. ~e stated that this proposed that are fl~×ibls and will be in a position to me~t th~ ne~ds~ nog only for the consumers, but ~er the public at large· He further ~tated that he will gupport the propose~ ordinance, When agkmd, Mr· Jm0ob$on $~ated tha~ ~kere is still ~ke ability~ through the Conditional Use process~ that would allow a request ~o co~e forward r~ques~ing a develQpmen~ of ~9 densities if this ordinsnce is adopted· Mr· MoHale stated that he will mupport tko ordinance based on informagion~ specifically, ms it relates ~o ~he flexibility ~hat will be available under the conditional us~ Mr. Barber stated that planning staff is addressing village type developments end the ~l~xibility iesues~ He further stated that staff will bring forward additional ordinance amendments in future as it relates to this issue end there will most likely be something in plac~ ~h~ will ~ddress the majority of concerns and expectations SurrOunding this MT. Warren stated that this is another example of planned Department staff for their leadmrship and efforts in addressing this On motion o~ Mr. Daniel, seconded by Mr. McHale, the Eoard adopted the following ordinance: AN ©RD%~2~Ct TOASt,ID T~ CODE OF T~E COUNTY ~D REENACTIng SECT%QNS 19-90 and 19-95 RE~TIN~ TO PERMITTED USES IN R 9 ~D R-7 ZONING DISTRICT8 BE IT 0RD~INED by the Board of Supervisors of Chesterfield CcunKy: [1) Thai Sections 19-90 and 19-9S of the Code of the County qf.....Che~terfield~ 1997~ as amended, is amended and DIVISION ~. R 9 RESIDENTI~ DISTRICT See. 19-90. Permitted u$~ By The following uses shall be permitted by right in the R-9 District: Those uses permitted by right in the R-S8 Digtrict, provided, however that after {adoption date), R-9 ~onin~ shall no longer be granted by the ~oard of Supervisors. Provided further thmt mny property that ha~ been zoned R 9 on or before (adoption date) shall continue to be mubj=ct to the provi~ionu con%ained in this Division. {Code 197S, ~ ~1,1-79} o o e DIViSiON ~O. ~ 7 RESIDENTIAL DISTRICT Sec- lO-~ P~rmit~ed uses--By right. The following uses shalt be permi~e~ by righ~ in the R-7 District: Tho~e uses permitted by right in the ~-88 DistriCt, provided, however ~h~t after {adoption date), R-7 ~oning shall ~/27/~7 97 534 further that any Dropertytthat has been's6Ded E 7 on o~ before Iadoption date) shall continu~ to be subject to the provisions contained in 5his Division. {2) That thi~ ordinance shall beco~e effective immediately upon adoption. Vm~e: Umaai~ous On mo~ien of Mr. ~arber, seconded by Mr. McEale, ~he Board suspended its rules ~t this time to allow simultaneous nomination/appointment/reeppein~ment of marchers to salve on the Chesterfield Emergency Planmin~ Committee, the Board of Building Code ~ppeals, ~he Parks ~nd Recreation Advisory Commission, the Greater Richmond Transit Company Board of Director~, th~ Youth Services citizen Board, the Personnel Appeals Board, and the Disability Services Board. Vote: Unanimous 8.A.2. BOARD OF BUILDIN~ CODE APPEALS Mr. Basher stated that after several discussions with County staff, he would like the BOard ~o consider adver~isin~ to expend the Board of BuildinN Code Appeals by two members which would allow the current members ~o ~e kept in place and also allow Board of.Building Code Appeals to comply with new Building Code ~uali~ica~ion reGuirement~, ge further stated that the expansion would allow the Board of Building Code kppeals to keep ~n oRd number of members, which is important for the hearin~ of appeals. On ~otion of Mr. RarDer~ seconded by Mr. McHale, the Doa~d ~imultaneouely nominated/appointed/reappointed Hr. Robert Pomter, representin~ Clove~ Sill District, mud Mr. Stephan M. Apple~ate~ P.E., rspreeantin~ Midlothian District~ to serve on the Board of ~uildin~ code Appeals, whose terms are effective immediately and will expire July ~l, 199~. On motion cE Hr. Barber~ seconded by Mr. McHele, the BOard suspended its rules at this ~im~ to allmw aa item to be added to the Agenda. Vot~: Unanimous Afte~ brief discussion, on motion of Mr. McHale~ seconded by ~r. ~ar~er, the ~oard suspended its rules at this time and authorized staff to advertise for a public hesrin9 ~o consider the expansion o~ the Board of Buildin~ Code Appeals from eleven ~7-535 $.A.1. OHESTERPIELD EMERGENCY PLARNING COMMITTEE After bri=f diucusmion, on motion o~ Mr. NcHale, seconded by Mr. Barber, mhe Board simultaneously nominate~/appoinKsd Mr. Warner Williams~ Mr. Bruce Kain, and Mr. Bruce Mitchell to ser~ze on the Chesterfield ~margency Planning Committee, whose terms are effective immediately and will be at the pleasure cf the Board. Vote: Unanimous $,A,3. PAR~B A~D RECREATIONADVISORY COI~4ISSION On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. ~oward Stracke, representin~ Midlothian District, to serve on the Parks and Rucz~a~iun Advisory Commission, whose terms is effective immediately a~d will expir~ December 31, 1999. On motion o~ Mr. MeHale, seconded by Mr. Daniel, the Board ~imul~aneously nominated/reappointed Mr. David W. Mathews~ Mr. Daniel ~. Smith, and Mr. S. Joseph Ward to serve on the ~reater Richmond Transi~ Company {G~TC) Boar~ 0% Direc%or~, representing the County at-large, whose ter~s are effective October lB, 1997 a~d will expire at the annual GRTC ~tockholder'e meeting in Oct©bar, ~998. And, iurtker, the Board authorized the County Administrator, or his designee~ to appear et the 0c~ober 15~ 8,A,5, YOUT/~ SERVICES CITIZEN BOAP~D O~ motion of Hr. McHale, seconded by Mr~ Daniel, the Board simultaneously nominated/appointed MS. Phyllis K. representing ~he Be~uda Distrlc~, to serve on the Youth Service~ Citizen Board~ whose terms ie effective immediately snd will expire June 30~ 1998. Vote~ Unanihous 8,A,6. PERS0/~N~L APPEALS BOARD On motion of ~r. Warren~ seconded by ~r. McKale, the Board s~ultaneously nominated/appointed Mr. George L. Scrug~s, Jr~ to serve on the Personnel Appeals ~oe~d, immediately end will expire December 31~ Vote: Unanimous 8.A.7.a. DISABILITY ~VICES BOA~D On mu~io~ of Mrs. ~umphr~y~ seconded by Mr. Daniel, the Board simultaneously nomln~tcd/~ppointud Ms. Beverly V. Mason, representing MaYoaca Distr±u5, to serve on the Disability Services Board, whos~ term is effective immediately end will expire December 31, 1999. Vote~ Unanimous 8/2?/97 On motion o~ Mr. Mc~ale, $scund¢~ by Mr. Daniel, the Board simultaneously nominated/appointed Mr. Aradford 9. M~m~s~ to ~erv~ on ~hs Disability Services Board, whose term is effective approved the following ~tfeetlight installation cost approvals: Matoaca Dis,~rict Skinquarter Road, vicinity of ~610/]36~0 NO cost to install !i~ht zidlothian District * Montaubsn Drive, in the cul-de-sac On motion of Mr. McEale. ~e¢ondsd by Mr. ~arbsr, the Board adopted the following resolution: W~E~EAS, Mr. Robert L. Masden will retire from Ch~t~rflsld County on September 1, 1~7, after faithfully servinq as Deputy Administrator for Kuman ~srvices since Deco,er 7, 195~; and WHEREAS, ~r. Masden has been extremity di~igen~ in ~rotectin~ the ~uality of ~ife of residents of Chesterfield County, from th~ self-=efficient to tbs indigent, ~rom the youngs~ ~u the most elderly~ wi~h Human Services thst provide a safe and secure en¥1ronme~t in which ~o live, work~ and rais~ a family~ and WKER=AS, Mr. Madden has anticieated changes in Human Services at the State and National levels and initiated pollciss ~haf pr0tac~ed ~he i~srssts of Chesterfield County and its ~a~idents; and WHEREA~, Mr. Masden h~ provided lsaderskip in the dev~lopme~ of the Keslth Center Commission for the A~ing, the implementation of Welfare Reform, the Com~unlty Corrections Act. and the Comprehensive Services Act; and W~EREAS, Mr. Masden has participated in the development and procurement of County property such as the construction of the W~ner Hurrah So--ices Euilding~ the County ~ursing presently under constr~ction, ~anricu~ Park, the City of Henricus, ~nd the Dutch ~ap Consolation Ar~a; an4 ~REAS, Mr. Masden was instrumental in crea~ing The virginia kssocla~ion of Local Human Services Officials, a Statewide network of County and City ~uman ~rvXc~ Administzatozs; and 97-5~7 W~BRE~S, Mr. Masden had ~ distinguished career in public service with the Commonwealth of Virginia prior to his service to ChesterEield County and by providinq quality public service~ representative of excellence in a public offlcial~ and WHEREAS, on a personal level, Mr~ Masden always had time to listen and encourage his associates and employees, ~o see and develop their potential in a professional end gentle manner. NOW, TMRRE~ORE BE IT R~0LVED~ that the Chesterfield County Board of Supervisors hereby rssognizes the outstanding contributions o[ Mr. Robert L. Ma~den to Chesterfield County and extends their appreciation for hie dedicated service to the County, their congratulations upon his retirement, and their best wishes for e long and happy retiremen~ AND~ BE IT FURTHER RESOLVED~ that a copy of this resolution permanently recorded amon~ the papers of this Board Supervleors of Cheste~fleld C©unty~ Virginia. Vote: Unanimous UPON ATTATNINO RANI~ OF EA~LE SCOUT On motion Of Mn. Mc~ale. ~econded by Mr. Barber, the Board WHEREAS, uhe Boy Eceuts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship ~raining, personal development, and ~i~n~ss of individuals; and wide variety of fields, ~erving in a l~ader~hip position in e ~roop, carrying out a service project beneficial to his community~ bein~ active in the troop~ demonstrating Scout M~tthais~ Episcopal Church, has accomplished those high s~andards o~ commitment and hms rea=hsd th~ long-sough~ ~oal e£ ~agle Scout which is received by l~ss than two percent of those W~EKF~AS~ ~rowin~ through his experiences in scou~in~, indeed a member of a new generation of prepared young eitizenm o~ whom we can all be very proud. Board of Supervisors hereby exEende its congratulations to Mr. to heys such an outstanding youn~ man as one of its citizens. William D. goyce on February s~ 1910; and citizenship training, p~rsonal development, and fitness of individuals; and 8/27/97 ~4~RE~, after earning at lea~s twenty one merit badges in ~ wide variety of fields, serving ia a l~adership position in ~ troop, curtsying out a ~ezvice project beneficial Lo his cnmmunity, being active in the troop, demonstrating Scout spirit, and living up to Dke Scout Oath and Law; and WHEREAS, Mr. william R. Ckarlet, Troop 800, ~ponm~red by Bethel Baptist Church, has accomplished those high standards of commitmen: and has reached the leag-~ou~ht goal of Eagle Scout which is received by less than two percent of those individuals entering the ~ounin~ movement; and ~HERE~, ~ro~in~ through his experiences in learning tk~ l~sscns of responsible citizenship, and pridin~ himself on the great accomplishments of his County, William is indeed a me~er o~ a new generation of prepared young citizens of whom we can all be very proud. Board of Supervisors hereby extends its congratulations to Hr. William ~. Charlet mad acknowledges the geed fortune of tko County to have such an ©ut~tanding young man as one of its Vote: Unanimous 8.C.l.c. CONFII~I~I~G PROCEedINgS OF THE CHESTERfieLD INDUSTRTA?i D~VELOP~NT ADTHORIT¥ FOR FINANCING OF INDUSTRIAL R~VENb-E BO~S FOR 8-C-1-¢-~, LE~G U,$,. INCORPO~J~TED On motion of Mr. Morale, seconded by Mr. Barber, the BOard adopted the ~o!lowing resolutinn: WHEEEAS, the Industrial Developmunt ~uthority of the County of Chesterfield (the "Authority") has considered the aD~llcation of Le~ U.S., Inc.~ a Virpinia corporation (the "Applicant"}, for the issuance of the Autherity'~ revenue bonds in an amount now ustimated ~ $2,500,~00 {th~ "~ondsTM} to finance the Applicant's auqui~ition, construction and equlppJng of a manufacturing facility located in the Chesterfield Airpark on Whitepine Roe~, Chesterfield~ Virginia (the "Projee%"), and has held a public hearing thereon on July %7, 1~97; and W~Ag, th~ Authority has re~e~ted the Board of $~p~zvi~ors {the "Board") of~ the County of Chesterfield~ Virginia (tko "County"), ~0 approve the issuance o~ ~he ~onds to comDty wi~h Section 147[f) o~ ~he I~ter~al R~e~ue Cods of %986, as amended: and Wa~K~AS~ a copy of the Authority's resolution approving ~he issuance of the Bonds, subj~c~ ~u ~erms ~u be agreed upon, a record o~ 5he public hemrinf and a "fiscal impact state,eat" 1. The Bo~rd of Supervisors approves the issuance of the extent required by Section 147(i). Bonds or the cr~ditwofthlne~s of ~he Applican~ and, as require~ 8/27/97 Authority shall be sbligated to pay the Bonds or the interact Authority shall be pledged thereto. This reeslution shall take effect immediately upon its 8.C.l.c.2. ALLIED SIGNAL On motion of Mr. Me,ale, seconded by Mr. Barber, the Board adopted the following resolution: WK2R~A$, the Industrial Development Authority of khe County of Chesterfield (the kuthority), for the issuanc~ of thc Alliedsignal Inc. (the Applicant), for 5he issuance of the Authority's rev~nu~ bonds in an amounh not t~ exc~e~ (tko Bonds) to ~inanca the acquisition and installation of certain solid wmst~ di~pos~ facilities {~he Project) ~or the Appilcsnt lecsted at 4101 Bermuda ~undred Road~ in Chesterfield County, virginia, and has held a public hearing thereon on July 17, 1997; WHEREAS, the Authority has requeeted the Board of Supervisors (rte $oard) of chesterfield county, virginia (the c0unmy)~ approve the issuance of the Bonds to comply with Section of th~ Internal Revenue Code o~ 1986, as amended [the Code): and WEgEEAS, a copy of the Authority~e resolution Resolution) approving the issuance o~ the Bonds, subject to tsrm~ to b5 agreed upon, s record of ~he public hearing and "fiscal impact stmt~ment" wi%h r~spect to the Project have been ~iled with the Board. BE IT EESOLVED BY THE ~O~_RD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. The ~eard hereby approves the issuance of the Bonds by the Authority for the benefit of the Applicant to the required by SesSion 147(f) of the Code~ to pa.-mit the Authority to assist in th~ financing of th~ ~rojeo=. Approval of the issuance of the Bondg~ a~ required by Section 147(f} of the Code, does not constitute an endoreement of the Bonds or the craditworthin~m of ~he Applicant, but~ as required by Section 15.1-1~80 of the Code of Virginia of 1950~ the Authority shall be ~bligated to pay the Bonds or the interest ~hereon or o~hsr cc~e inciden~ ~kere~o except ~rom revenues and moneys pledged therefor, a~d neither the faith or credit nor Lhe ~axing power of the Commonwealth, the County nor the Authority shall be pledged thereto. ]. Thi~ r~molutio~ shall ~ake effect immediately upon adoption. Vote: Unanimous 97-540 CREATE TWO SENIOR OPFICE ASS~ST~ POSITIONS On motion of Hr. Mc~ale, seconded by Hr. ~arber~ the Board approved the creation of two full-time Senior Office Assistant~ in the Sheriffs 0~ics. On motion of Mr. McHale~ seconded by Mr. Barber, the Board a~propriated expenditures for salary and benefits, in the amount of approximately $50,100, for the Rxecu~ivo Director of Kh~ Henricus Foundation and appropriated the revenues received from S.C.%. gET DATES FOR PUBLIC HEARINGS 8.C.4.&. TO CONSIDER MODTF¥IN~ TFI~ EET2TING 9RO~IRIT!0N OF T~iRQUGH TRUCE T~AFFIC ON BUFOPd3 ROAD BY PROHIBITIN~ TFIROUG~ TRUCK T~AFFIC O~ SECTIONS OF BUFORD ROAD, LA~RSPUR RO~D, ROCRCR~gT ROAD, ~ ROC~WAY ROAD On mct~n of Mr~ MoKale~ seconded by Mr. McHalu, ~hc Board s~t =O consider modi~yinq the existing prohibition of through truck ~raffic on ~u~ord Road by prohibiting =brough t~ck traffic on ~ection~ of Buford Read, Larkspur Road, Rockcrest Road, and Vote: Unanimuu~ COUI~TY OF ~HESTERFIELD, 1997, AS A~ENDSD, B~ AMENDING A~D REENACTING $~CTIONS 19-173, 19-195, TOWING LOT~ AND JID~ARD~ the dmte of September 2~, 1997 aL ~:00 p.m. Zor a public hearing ~c consider an ordinance ~o amend the Code of 5he County of Chesterfield, 1997, as amunded, by amending an~ reenacting Sections 1~ 173~ 19 195, and 19-3Ol relatin~ to motmr vehicle 8.C.~.c. TO CONSIDER Alq ORDIN~CE TO ~/~END THE COD~ OF T~E COL~Ty OF C~ST~F~LD, I~7, AS AM-ENDED, BY~[D~G REENACTING SECTION 9-14 RELAXINS TO REAL ESTATR the date of September 24, 1997 at 7:00 p.~. ~or a public hearing ~c consider an ordinance to emend the Code of the County of Chesterfield. 1997, as amended, by amondinS a~d reenactin~ Section 9-14 relating to ~eal estate assessments and $/~?/~7 APPROVAL OF C~IANGB ORDERS TO RICHARD L. CROWDER CONSTRUCTION FOR WATERLI~E On motion of Mr. McHale~ seconded by Mr. Barber, the Board offsite road improvementm at the Enon Public Safety Training 8.C~6.b, b~I~BER ONE WITK T On motion of Mr. MoHale, seconded by Mr. Barber, the Eoard approved Change Order Number 1 (Final}, in th~ amount of $20,~88.58, with T & E Construction Company, Incorporated, for th~ Swift Cr~k to ~ppy ~ill Pump $~atiun W~I Line Replacement Pro~eet. 8.c.7. ACCEPTANCE OF PARCELS OF LAND 8.C.7.m. FOR OTT~RDALE ROAD EETENDED FROM SEINO~ARTER ~cres for 0tterdsle Eoad Ex~ended from Skinquar~er Properties Administrator to execute the necessary deed. (It is no,ed that ~ sopy of ~he pl~ is ~iled with the paper~ o~ this Board.} Vote: Unanimous 8.c.?.b. ADJOINING TME WEST RI~RT-OE-WAY LINE OF K~N~RTON AVENUE FROM ~IBERTY PROPERTY DEVELOPMENT CORPOHATION On motion o~ Mr. Metals, seconded by ~r. Barber~ the Board accepted the conveyance o~ a ~arcal of land containing 0.387 acr~ adjoining the weet right-of-way %ina of King~ton kvenue [State Route 2434) from Liberty PrOperty Development Co~oration and authorized the County Administrator ~¢ execute the nsceasary deed. (It is noted that a copy of the plat is filed with the ~.C.8. R~QUESTS FOR PERMISSION S.C.8.a. FRO~4 LILLIE ALLEN TO IN~T~LL A W~TE~ ~ERVICR FOR A N~W RESIDENCE OW WEST HUNDRED ~OAD On mouion of Mr. ~cgale, seconded by Mr. Barber, nhe ~oard approved a r~qu~st from Lillie ~llen to install a private water service within a ten foot privat~ easement to earvs a new residence at 5%26 West Mundred Road, subject to the ~x~oution and recordation o£ an a~recment acceptable to the County Attorney. (It is noted that a copy of ~he pla~ is filed wi~h the papers cf thi~ Boa~d.) On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a r~quost from A. Kyle Blankenship, Jr. and Sandra H. Blankenship to inmtall a private water s~rv~ce within a ten foot a copy of the vicinity sketch i~ fi. Lu~ with the papers of this Board.) Vote: Unanimous 8.C.9. REQUEST TO OUITCLAIM EAS~]~TS ACROSS PROPERTY OF THE MACERICH PARTNERSHIP On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman o~ ~he Board o~ Supervisors and County Administrator to execute a quitclai~ deed to vacate a portion of a sixteen foot water ~ase~t a~d ~ sixteen foot drainage easement across property of Th~ Macerich Partnership~ L.P. (It i~ noted that a copy of the plat is filed with the ACROSS PROPERTY OF LA~E~REE ASSOCIATES On motion of Mr. McHale, seconded by Mr. Barber~ th~ Board authorized the Chairman of thc BOard Qf Supervisors and th~ County Administrator to execute a q~.itclaim deed to vacate a Apartments. {I~ is noted ~hat a copy o£ the vlciniZy ~ketch is filed with th~ pa~r~ of this Board.) 8.C.10. C0/~VEY~CE OF ~_N EASEMENTS 8.C.~0.a. TO VIRGINIA ELECTRIC AND POWER COMPANY TO EXTEND SERVIC~ TO~C~R~TRR ~H SCHOOL On motion ©f ~r. McHale~ seconded by ~r. ~arber, nhe Board authorized the Chairman of the Board of Supervisors and th~ County Admini=trator ~o execute an easemen~ a~reomenZ with Virginia Electric and Power Company to exten~ service to ~anches~er ~igh schooL. {I~ is no,ed thaZ a copy of the plat ie ~il~d with the papers of this Board.) 8.C.10.b. TO VIRGINIA ~LECTRIC AND ~0~e COMPANY TO EXTEA~D SERVICE TO BAILEY BRID~E KIBBLE SCHOOL On motion of Mr. ~¢Hala~ s~conded by Mr. Barber, the Board aufhorized the Chairman cE ~he Boar~ of 9upervieors and the County Administrator to execute an easement ~r~o~en¥ with Virginia ~lec~ric and Power Company to extend ~ervice to Bailey Brid~ ~iddl~ School. {It is noted tha~ a copy of the plat is £il~d wi~h th~ papers of ~his Board.) 97-543 ~.C.10.~. T~ ~O~4ONm~Ek~ OAS SEEVICE$. I~COR~O~ATED FOR THE On motion Of Mr. Mc~ale, seconded b? Mr. B~rber, the Board gas lines in the Bailey Bridge Road area. (IC is noted that a copy o~ the vicinity ~ket~h is ~ilsd with ~he papers of this Board.} 8.C.1~, CONVEYANCE OF A CONSERVATION EAS~ENT TO THE U~ITED 8tates of Americe~ acting through the U.S. Fish and Wildlife AWARD OF CONSTRUCTION CONTRACTS TO OREO E. JORE$ EXCAVATING FORT HE AVENUE WATER LINE REPLACEMENT ~ROJECT On motion of Mr. McNale, seconded by Mr. Barber. ~ke Board awarded a constl-dction contract to Greq E. Jone~ Excavating, in the amounE of $121,~5S.79, for ~h~ E/liham and Gwynn Avenue Water Line Replacement Project and authorized the County Administrator to execut~ the neuessary documents. (It is no,ed a copy of the vicinity sketch is filed with th~ papers of this ~oard.) 8,C~l~,b, TO UNITED CON~TKVCTION, INCORPORATED FOR THE FERRBROOK ~ OLDE WtLLIAKSBURG ~ECTION. PHASE V ~RO~CT.A/~D TR~.NSFER O~ awarded a contract to United Construction, Incorporated~ in the amount of $12~980, for the comple~ion of the Pernbrook Olde Williamsburg ~ection, Ph~ V and ~ransferred fund~, in the amoun~ of $1~.000, from the County's ~eserve for Capita/ ~roj~c~s. Vot~: Unanimous TO W.P. MAGANN CORPOHATION FOR PHASE II 8TONE REVETMENT AT ~NRIOUS PARK AND APPROPRIATION OF CON~YRIB~TION~ FRO~ ~tTRIC0 C01~NTY Mr~ McHale stated that Henzico 0ounty is also a contributer ~o this pro,act and that thi~ i~ an e~emple of Henrico'e partnership wi~h Ches~erfleld. Be expressed appreciation to Henrico CoUnEy f~s their contributions to this project and stated Lhat this project is a regional oo0p~ration effort. sl27t~7 97 ~44 awarded a contract to W%F. Magann Corporation, in the a~eunt of Project and appropriated a contribution, in the amount of Unanimous Projests; designated $~00,Q00 from the Reserve for Capital Projects and approved the transfer of of the $200,000 f©r u~e in at Castl~wood are unavailable in F¥9~; appropriated $150,000, in Commission, and $~00,0OO, £rem anticipated proceeds from sale of surplus property at Ca$~lewoed; and transferred $40,450 i~ unused ~unds ~rom the capizal account.for Fire ~ation %16 to this project. $.C.1~. APPROVAL TO PIIRCHAS= PARCELS OF L~ND ~.C.13.a. FROM HENRY ~RIFFIE, III A~D ~ASBANDRA T. ~0~G ~R~Y'~ B~UFF approved the purchase o~ a parcel of land containin~ 2.62 acre~ along Dr~wry'~ ~luff Road f~om aen~Griffin, III and T. Griffin and authorized th~ County Administrator to plat iS filed with the papers of this Board.) 8.C.13.~. F~OM POSI~ ~. WRIS~T AND BEULA/~ bi~E WRI~T T~ PROVIDE A PEPd~L%W~NTACC~ ~TW~TKE ATHLETIC ~CILITI~ ~T PROVIDENCE MIDDLE SCHOOL AND DAVIS ELEMENTARY SCHOOL On motion of Mr. ~cH~le~ seconded b~ Mi. Barber, the Board approved the purchase of a parcel of land containin~ 0.14 acres~ more or less, from Pesiu H. wright and Beulah ~e Wright to provide a permanen5 acuess between ~he athletic facilities at Providence ~iddl¢ School and D~vi~ ~lementary School and transferred $7~QQQ from the County's Reserve for Capital Projest~. 8,C,14. STATE ROAD ACCEPTANCE This day the County Environmental ~nglneer, in aec©rdan~e wi~h directions from ~his Boar~, ma~e report in writin~ u~a hi~ e~amination of the ro~ds in Elko F&~, ~atoaca District, and Whereas, the Resident ~nginesr £or the Virginia bepartmen5 of Transportatlo~ has advised the Director of ~nviron~ental Engineering, the streets in Zlko Farms, Matoaca Dis~rict, meet the requirements established by ~he Subdivision Street Rec~irements of the Vi=ginia Department of Transportation, and 97-~4~ Whereas~ the County and the Virginia Department of Transportation have entered into an agresment, recorded in Deed Book 2452, Pag~ 405, January 21, 1994, for all Stormwater detention/retention facilities in the County. Therefore, upon con$idoretioR whsreo~, and on motion of McHale, seconded by Mr. Barber, it is resolved that the roads in Elks Farms, Matoaca District, be and they hereby are established as public roads. A]~d he it further resolved, that the Virginia Department of Transportation, be and is hereby recfues~ed to take into the Secondary System, pursuant to Section 33.1 229, Code of Virginia, and the Department'~ Subdivision Street ~equirements, the following: ~am~ o~ Street~ Redwood Drive L~ng~h: 0.16 ~ila From= Boxwood Lane, 0,16 mile west of Elks Road, State Route 760, 0.62 mile north of woodpecker State Route 627 ~uaran~ed Ri~ o~ Way Width: 50 feet. Name of Street~ Boxwood Lane Length: Q.34 mile Prom: Cul-de-sac, 0.0~ ~il~ so. th s~ ~edweod Drive To; Col de sac, 0.25 mile north of Redwood Drive Guaranteed Right-of-Way width: 50 fsst. ~s of Street: Boxwood Cour~ Length: 0.07 mile Prom: Cul-de-sac, 0.07 mile west of Boxwood Lane To: Boxwood Lane, 0.13 mile nernh of Redwood Drive Quarenteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent ~lope. tight distance, Clear zone, and designated Virg{nia Department of Transportation These roads' serve 29 lots. Elks ~arms is recorded as follows: Pla~ Seek s~, Pages 74, 75, and 76, January 9, 1995. 8.C.1~. APPROV~.L TO LEA~ PROPERTY ON ~-%RROW~ATE RO~-D On motion of ~r- ~c~alo, seconded by ~r. sarber, =he soard approved the lea~e of County owned property at 15610 ~arrowgate Road for residential use and authorized the Chairman of tko Board of Supervisors and the County Administrator to ~x~cuta the 8.C.16. R~QU~T FOR k FIREWORKS DISFDAY AT THE WOODLAKE PAVILION/AMPHITHEATER On motion of Mr. Mc~ale~ seconded by Nr. Barber, the Board approved a rsquesu for a fireworks display an the woodlake Pavilion/Amphitheat=r to be h~ld Au~st 3~, 1997, with a rai~ date cf September S, 1997. 97-5~6 WOTIC~$ OF VIOLATION On motion Of ZrJ McH~le,' seconded by M~.' Barber, the Board approved changes in thc policy for serving Building Code ~otices of Violation. AssisLance Mutual Aid Agreemant with uhe Defense SupDly Center Richmond. (It is noted that ~ copy of the M~morandum of Understanding is filed with the paper~ Of thi~ Board.) Vote! Unanimous AUTHORI~ATiOW FOR ~O~NTY AD~I~I~TQE TO EXECUTE A POLICE MUTU~_L AID A~REEM~NT WIT~ T~E CITY OF R!C~/~OND On ~etion Of Mr. Mc~ale, seconded by Mr. Barber, th~ Board authorized ~he County Administrator ~o execune a Police Mutual Aid Agreement with the City of Richmond in ~ form approved by ~he County A~orney. On me,ion Q£ Ma. MoRale. seconded by Mr. Barber~ the Roard aD, rOved am~ndm~nt~ to the County's Supplemental Rstirement ~lan. On motion cf M~, McHale, seconded by Mr. Barber, ~he ~oard appr0vo~ tho ~xpondi=ure CE $53,~00 from the FY98 Donations Authority for ~he Friend~ of the Chestur£iuld's Riverfront, Incorporated, transferred $l,~0O from the Midloth~an Thra~ Cent Read Fund to per,ion u£ the personnel costa to provide service~ for the 97-S47 slz71~7 WAY OP FRATHERSTOA~E DRIVE A~D }U3GUENOT ROAD On motion of Mr. McHele, seconded by Mr. Barber, the ~oard transferred $t00 iD Mi4Iothian Distxic~ Throe Cent Road Funds to the Parks and Recreation Department to install landscaping in the right-of-way of Featherstone Drive and Huguenot Road. Vo~e: Unanimous 8.C.24.c. BERMUDA DISTRICT TO D~FR~¥ COSTS ~ELATING TO T~ JEFFERSON DAVIS JAMBOREE transferred $1~000 in Bermuda DisC=Act Three Cent Road Funds tc "~ROVE" DEVELOPMENT on motion of Mr~ McHale~ seconded by Mr. Barber, thu Board approved an Assignment e~ Rs~und Agreement providin~ for the refund of e Dcrtion of cash proffer payments made in conjunction with the development of tho ~ropoesd "Grove" D~velopment project. 8.C.26. AUTHORIZATION FOE ~@UNTY ADMINISTRATOR TO SIGN ~U~ORDINATION A~RE~SFR~ FOR A D~ED OF TRUMT FOR PROPERTY LO~ATED O~ VELVET A~TLER DRIVE On motion of Mr. MoKale, seconded by Mr. Barber, the ~oard a~reememt fQf ~ Deed of Trust for property located at 713S Velvet Antler Dxive~ in a form approved by ~he Counny Attorney. Vote: Unanimous 8.C.5. A~THORIZATIO~ ~OR 9OLIC~ DEPARTMENT TO A~Ly FOE VARIOUS GRANTS Mr. Barber co~ended the Polic~ De~rtm~nt for their efforts in ~ecuring these Police grants whiuh will further the County's eff©rt~ in public safety. ~e stated that this is an example cf the County making conLinuous efforts to provide citizens with the ~af~st Community. When asked, Mrs. Dickson s~ated She impact to ~he General Fund in F¥99 would be a~proximetely $2-$2.5 million. She noted that there i~ an opportunity in FY99 for pQssibl~ Virginia COPS matching funds ~owards so~e of these granz~. She seated that in FY98 ~he Counuy received approximately $215,o00 from the their current budget in order to ~e~ the~e needs, however, ~he ~osrd is ~lso com~ittin~ itself to approximately $2~5 ~illion in additional expenditures in the future. initiating additional resources that will further improve public safe~y in Chesterfield COunty ~nd that the Board of ~upervisors are supportive of th~ Police Department's efforts. Mrs. Humphrey recognized the Police Department ~or their efforts for a very successful "National N~ght Out" event in Chesterfield County. Colonel Baker ex, reseed appreciation to the Board for their orated that the creation of the Third District is necessary further btatad that it is necessary for the Department to ~ake some dramauio changes due Lo the increaee in County population and g~tivity. He stated that any positions received ~t this time will not impact on tko operations o~ the Police Department for approximately eighteen months and that the Department is taking advantage of the COP$ fund~ now in an effort to prepare for the future. ~e no,sd ~hat the Departmen~ recently 8olved one of [he coun~y'~ major homicide Ca,es and arrest~ ware made this morning. DISTRICT On motion of Mr. Barber, seconded by Nr. McHale, the Board authorized the Police Department to apply for a Department of JustiCe, Community Oriented Policing Services amount sf $248,~30, for creation of fi~e police officer positions and a crime analyst position, and provide funding for the ~ive police off,curs, the crime analyst, equipment, and supplies to restructure ~he Police Department by imp~emen~in~ a ~eegraphieal decentralization and create a Third District and appropriation Qf ~un~s if approved. (It is noted that implementation of thio Concept will require unbudgeted financial rosco/Gem in the Police and ~mer§enoy Communication Departments in future years. Grant funds will cover the cost of the six Police Departmen~ positions during the first year and the Department will apply for virginia COPS matching monies in future years to fund these positions. The Police Department has indicated that various costs ~ssociated with thio concept will be absorbed within 5heir existing Budget.) Vote~ Unanimous On motion of Mr. Barber, ~econdsd by Mr. HcHale. the Board authorized ~ha Police Department to apply for a Department of Criminal Justice Services, Community-©flunked Justice: provide funding to enhance training opportunities in leadership necessary funds if approved. (It is note~ ~hat the Department funding and ~ha County will have a twenty-five percent cash has agreed ~o effect necessary actions to absorb th~ c~t of the matching funds within their e×i$~ing Du~get.) Vote: Unanimous 97 549 ~/27t97 ~I~ BCHDOL~ On motion of Mr. Barber, seconded by Mr. McEale, the Board authorized the Police Department to apply for a Department of Cri~i~&l Justice Services~ Community-Oriented Justic~ $~rategies for Virginia Grant, in the amount o~ $100,~0, to provide funding for the creation of ~ high school Crim~ Coordinas0r position end a part time Senior O~fice A~i~t~nt and provide funding for these p~si~ions, equipment, and supplie~ ~o enhance the high schools~ and community's safety and security and appropriate 5he n~eessary funds if approved. (It is noted that the Department of Criminal Justice Services provide~ seventy-£ive percent funding and the. Counsy match will be twenty five percent ($iS,~DDI. The Police Department has agreed uo assume responsibili=y for the continued funding of the Uote: Unanimous 8.C.5.d. TO PROVIDE F~%TDING FOR EIGHT CO59~L~ITY POLI~I~ Qn motion of Mr. Barber, ~econded ~y ~r. McH~la, the authorized the Police Department to apply for a Department of Justice, Community Oriented Policin~ Services, Universal Hiring Grant, in the estimated amount of $600,~00, ~o provide funding for t~s creation of eight oommunity policing position~ and appropriate the necessa~ fun~s if approv~d~ {It is noted the Police Department has estimated capital expenditures in the The Department has agreed to assume responsibility for the ~undinq of the positions, including capital, within established FYi9 Budget.} 8.~.22. TP~%NSFER OF CLOVER HILL DISTRICT THREE CE~T ROAD FUNDS AND MATOACADISTRICT STRE~TLI~HT ~UNDS FOR DRUM E~UIP~ENT AT F~-~CHESTER ~IGH S~OOL Mrs. Humphrey recognized parents, teachers, and ~tudent~ fro~ Maneh~nter and Ma~oaca Hiph Schools who were present a= the meeting. Mrs. ~umpbrey then ~ade a marion, seconded by Mr. Warren, for the Board to approve the ~rsns~er u~ $1,100, in Clove~ Hill District Three Cent Road Funds, and $1,100, in Matcaca District Strsetligh~ Funds, ~o the ~chool Board to be used for drum equipment at ~anchest~r Eigh School. 8.C.23. TPd%NSF~R OF~SATOACA DISTRICT STHE~TSIGHTFD~DS FOR BA/~D UNIFORMS AT MATOACA HIGH SCHOOL Mrs. Humphrey stated that the request fo~ band uniforms at Matoaca High School is u partnership between the Board of supervisors, Mr. Thomas L. Wootton~ Jr. and the School Board as the band begins to travel to par~d~, e~c. and represent ~atoa¢~ Dimtrie~ and the County. Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to transfer $3,000, from the Matoaca Distric~ Streetli~ht Fund to the School Board ~o be u~d for band uniforms a~ Ma~oaca ~igh School. 97 SS0 Mr. Warren expressed ~pp~eciation to Mrs. Humphrey for h~r Efforts in working with gatoaca and Clover Hilt High Schools in 9. H~%RIN~ OF CITIZENS ON %FR$CHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matt~re or 10. REPORTS On motion of Mr. Mc~ale~ ~econded by Mr. Wart!n, the Board accepted the following reports: ~epo~ on the Go,erst Fund ~alance; Reserve for Future Capital Purchases. And, furuher, ~he Board acsep~ed =he follow,ag roads inzo the Secondary State System: kDDITIONS LRN~TH Rout~ 4640 (Twe~dsmuir Court) - ~rom Rou~e 1243 to 0.07 mile Northee~: Route 1243 ~.07 Route 4641 (Tweedemuir Place) - P~om ROute Rou~ 1243 {Tweedsmuir Road) From 0.19 ~i1¢ ~Orthea~t R~ute 1242 to 0.53 ~i1¢ Sou~k~as~ Route 1242 RouEs 4642 {Tweedsmuir Terrace} - From 1243 to 0.03 mile East Route 1243 Route 4~4~ ITweedsmu±r Turn) = From 1243 LIPPINGHAM. SECTIO~ · - (Effectlve 7-2-97) Route 4~$6 (~ip~ingham Drive) Fro~ 0.31 mile Southaaut ~oute 49~5 to Route 4965 0.31 Mi Route 4967 (Lippingham Lane) - Prom mils Southwest Route 496S to Route 4966 0.07 Mi Routs 4965 (L!ppinham Placel - Prom R©u~ 4~ ~e Rou~9 ~64 0.04 Mi touts 496~ (Lippinham Terrace) - From ~©utu 4967 to O.~ mile North Rout~ 4967 0.0~ Mi Rout~ 4964 (South ~appy ~ill Road) From OLD STAGE INDUSTRIAL PARK - (~fectlve 7-1-97) Route 829 (coyote Drive) F~om Route 732 to 0.16 mile ~as~ Rests 7~2 8/27/97 WINDgOR PARK, SECTION 4 Route ~358 (Sylvan Ridge Road} From West Route 435s Vote: Unanimous Q.16 Mi 10.D. EXEC~IVE ~SSION PU~UA~qT TO SECTION 2.1-Z44A.7. CODB ~F._~IR~INIA, 19S ~, AS ~DEDr FOR L~G/%L BY COUNSEL iNVOLVING JAMES GRB~ORY, SR. ET, ~. V. ~O~D OF SU~RVI~0R~ On motion of Mr. Mc~ale, seconde~ by Mr. Barber, the Board went into Executive Session pursuant to Section 2.1 344A.7~ Code Virginia, 1950, as amended~ for l~gal advice By involving James Grego~y~ sm_, et al. v. Board of On ~otion of Mr. McBale, geconded by Mr. Rarber, the following resolution was adopted: W~EREAS, the Board of Supervisors has uhis day adjourned into Executive Session in accordance with a formal vote of the ~oard and in accordance wi~h the provisions Df the Virginia 7reedom of Information kct; and 9~ERBAg, the Virginia Freedom of Info~aation July 1, 1989 provides for certi[ication that such Executive ~ession was con~c~ed in conformity wi~h N©W= TH~R=FQRB BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best cf each member's knowledge, i) only public businese mat~srs lawfully exempted from open meeting requirements under the Freedom of Inform&rich Act were discussed in 5he Executive Session to which this certification epplies~ and ii} only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or connidered by th~ Bomrd. ~c member dissents from this certification. The Bo&~d being polled, the vote was ~s Mr. McHale : Aye. Mr. Daniel : kye. Mr. Barber : Aye. Mrs. Humphrey: AVe. Mr. Warren ! Aye. 11. DINIdER On motion of Mr. Daniel~ s~cond~d by Hr. Barber, hhe Board recessed ~o ~he Administration Building, Room 5~2, for dinner. Vo~e: Unanimous 6t27t97 12. I~P~O~ATION Reverend Harold Bra×ton gave the in¥ocstion. AN~RICA Mr. Timothy Stafford and Mr. David Stafford, both of Troop 525, and Mr. Thomas Woody, Troop 800, !e~ the ~led~e of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS A~D SPECIAL RECOGNITIONS 14.A. RECOGNIMIN~ MR. J~E$ M. ~ENT FOR HIS COb~FRIBUTIONS TO THE DEVELOPMEA~T OF THE gLOV~R ~ILL DISTRICT ~ND A~$OCIATION Mr. Jacobsen introduced Mr. James M. Trent who was present a~ the meeting to accept th~ resolution. On motion of the Board, the following r~olution was adopted: W~A$, Mr~ J~m~ M. Tren~ has served as Prasiden~ fur the Rrendermill Association from 1995 to 1~97; and WHEREAS~ Mr. Tre~t wee instrumental in initiating process ~o cremta a wall conceived long-range stralegic plan for Brand=~ill in order to maintain the superior character of the community; and WHEREAS~ Mr. Tr~n~ was instrumental in creating an effective and mutually beneficial relationship between the Brande~itl A~sociatlon and Chesterfield County; W74EREAS~ Mr. Trent solicited ~npu~ from and worked diligently with citizens to involv~ th~ in 5ks planning and sffaire o~ Chesterfield County: and WHEREAS~ ~r. Trunt worked closely with Mr. Warren and Galley relative 5o quali~y of life isuuus~ health an~ safety concerns regardin~ managed growth in the Clover Hill District~ W~EREAS, ~r. Trent worked tirelessly to mainZs~n and enhance Brandermill as a quality and deslrable Chesterfield Couniy communiiy; and WHEREAS~ ~r. Trent has effectively provided leadership and linancial management ~o ~he Brande~ill Communi~y Association; NOW, THEREFORE BE IT RESOLED, that ~h~ Chesterfield County ~oar~ o~ $u~e~visors reco~nize~ M~. Oam~ M. Tr~n~ for District. ~D, R~ IT ~URT~R K~$O~D, ~hat a copy of resolution be pre~ented to ~. Tre~t a~d that this resolution be $up~rvimor~ of Chesterfield County, Virginia. Vote: Unanimous accompanied by his wife, expressed appreciation fo~ his service as Brandermill Association Pr~ident au~ for his contributions to the develupm~n5 o~ the Clover Hill District. 97 553 Mr. Trent expressed appreciation for the ~cogmi%ion. 14.B. RECOGNIZIR~ LIBERTY PROPERTY TRUST AS "CHEETERFIELD CO~¥ DEVELOPER OF T~E Mr~ MeLaren introduced Mr, Alan Lingerfelu who was present to accept the resolution. WHEREAS, the Chesterfield County Board of Supervisors established a Busines~ Appreoiation and Recognition Award to recognize existing bu~inenne~ and industry within the County and whereby ~he Board of supervisors names the Large, Medium~ small, and Developer of the Year on a quarterly basis; and $~EREAS~ Liberty Property Trust, encouraged by the partnership relationship developed with Chesterfield County Co~munlty Development Deportments during the building of Poklig manufacturing plant ~n the Airpark in 1995, c~mmitted and W~EREAS, Liberty Property Trust was the prime mover attracting Howler= Pack~rd, a Fortune 500 company, to W~ERE~, Liberty Property Trust ha~ b~eu instrumental in BOO companies such as Hew!eth-~ackard, semiconductor chip m~nufacturer ~uDDlier~ ~nd c~mDany owned f~cil~t~e~ such as Brni Components; and several million dollars to-da~e in land development and buildings in the River's Bend Cenzer including a 4Q~OOQ ~quare lar~er 123,0Q0 square foot building being in the final design stage; and WKER~S~ Liberty Propsruy Trust anniclpaues building out up to seventy five percent of the development for their own accuunLs as well as position River's Bend ZO be ~ premier corporate environment for companies seeking to serve the White Oak facility and ~he Meado~klle Technology Park; and ~EREAS, LiberZy Property Trust participaze~ in ~eminars ~ Virginia Commonwealth university's real e~ta~e depar~men~ and meeting ascendance and con~zibuKions, ~o the chesterfield Riverfront Plan. County Board of Supe~isor~ D~licly e~pre~e~ it~ gratitude, on b~half of the County, to Liberty Property Trust for their most recen~ and ~onsiderable con~ribulions ~o ~he economic development Of Chesterfxel4 County ~nd h~reby recognize~ ~hem as the 1997 "Developer o~ the Year" recipient cf ~he Chesterfield County Business Appreciation and R~cogni~i~n Award. ~ BE IT FURTKBR RESOLED, that a copy of this resolution b8 permanenily re~orded among zhe papers of 5his Board o~ Supervisors of Chesterfield County, 97~554 County, and commended khsm on being selected as "Development of Mr. McLarsn presented Mr. Lingerfelt wi~ ~ silver engraved Chesterfield County government for their involvement and partnership in the Kiver's Bend project. ~4,D. R~COGNIZI~G THE WO~4A~'S CLU~ OP CHESTER UPON THEIR 60TH On motion of the Board, tbs following resolution was adopted: WHEREAS, the Woman's Club of Chester was formed in 1937 "fOr the welfare of ~he town and the education of its members"; WHB~BkS, the Wo~an'~ Club of Chester was instrumental the first namiag o~ streen~ and numberin~ of houses: and W~EREAS, over the pact sixty years the Woman's Club Chester has provided money tO schools ~nd civic organization ~rojacts; provided scholurships to a graduating senior from Thomas Dale and L. C. B~r~ High Schools; ~unded a high school sophomore ~o aK~end the Hugh O'Brien Youth LeadershiD Training community; and W~EREA$, the Woman'~ C1Kb of Chu~t=r was instrumental in establishing driver training in chesterfield County schools; assisting in the formation of th~ first Junior Woman's Club of chester; organizing cotillion to teach social graces to 7th and 8th Grade students; coordinating with the Chester J~yceee furnishing of the Chester Community Center; organizing a Girl Scout troop; supportln~ the 174CA in its i~¢eptlon; ~nd establishing the Dr. Louise Leland Clark Memorial 8cholarshi~ at John Tyler Community College for clas~es for residents for the Luoy Corr Nursin~ Home. NOW~ T~EREFORE BE IT RESOLED, that the Chesterfield County Board of Supervisors ~ublic!y recognizes the Woman's Club of Chester for ~hsir outatsnding COntributions to County. AND, BE IT FURTHER RESOLtrED. that a Copy of thi~ resolution be presented ~o %he W~man's Club of Chis=er and ~haz ~his re~oluLisn be permanently recorded among the paper~ of this Board Of Supervisor~ of Chssterfield County~ Virginia. Nr. McHale presented the executed resolution to ~s. MersQn and congratulsted them on their outstanding contributions to Ms. Merson ex, reseed apDr~ciatisn for the r~ognition. 97~555 8/27/97 THEIR OUTSTANDING A$COMPSISH~ENTS AND SPORTSF~%~S~IIP Mr~ Golden introduced Mr. Glen Nelson, and Mr. Jim kssistan~ Coaches, members of the Team, and Ms. Mildred Bnrreli, accept the resolution. Ee noted than Mr. Dennis Coach, and Ms. Juliette Fenner, Assistant Coach~ o~ Mike's WMEREA$~ participation in youth sports is an inEe~ral part in the phygical and emotional development for Chesterfield County's children~ and WHBBEAS~ Mike's Diamonds 12 and Under Slow Pitch Softball Team~ with Coach Mr. Dennis'Hartsberger~ and Assistanu Coaches Me. Juliette Fenner, Mr. Glenn Nelson, and Mr. Jim MeeD, and sponsor, the Cavalier AYhle~ic Club, represented Chesterfield County in numerous State and World tournaments; and WEER~AS~ Mike's Diamonds won the 1997 UESSA State Championship; and six championship titles during th~ 1997 Girls Softball World Series in Lexington, Sou~h Carolina and their 5th Place finish in the World Serius Championships are now WHEREAS= the citizens o~ Chesterfield County enjoy and support youth softball. ~OW, T~R~FOR~ R~ ~T R~$0LV~D, that the Che~terfleld County Board of Supervi~orm, On behalf of th~ citizen~ of Chesterfield County~ publicly recognizes Mike's Diamonds 12 and Under slow Pitch Softball Team ~or their outstandin~ their splendid ~portmmanuhip and e~cprems=s their best wishes fcc AND~ BE IT F~TKER RESOLVED, ~hag a copy 0f this resolution be presented to Mike's Diamonds Slow Pitch Softball TeRm and ~haZ nhls resolution be permanently recorded among papers ~f this ~card of Supervisors of Chesterfield ·County, Virginia. them ~uture success. Mr. Nelson expressed appreciation for the 14.C. RECO~T~IN~ ~R. FL%~OLD E. BRk~TO~ UPO~ ~ RETIR~T Mr. Harris introduced Dr. Harold E. Braxton who was ~resent to accept the r~solution. WHBREA~, Dr. Karold Edwin Braxton is a native of Norfolk, Virginia where he graduated from Booker T. Washington High ~chool and continued his education at Virginia Union ~niversity, New York University, and the University cf Virginia -- wheze he obtained Bachelor of Arts, ~anter of Divinity~ M~nter of Arts, and Doctor of Education degrees; and 97 556 to preach and ordained as a minister; and WHEREAS, Dr. Braxton served as Pastor cf First Baptist Church of Logan Park in Norfolk ~or five years~ prior 5o moving to Chesterfield County in 19S], where served as Pastor of UniOn Grove Baptist Church in Matoaca for ~wenty-oight years -- 1969 to June, 1997; and W~ER~A$, Dr. Braxten was employed at Virginia University for thirty-two years and during his tenure at the University, he served ~s ¢ocr4in~or of Religious Affair~; Interim vice President for Student Affairs; Dean of the School Social Studies and, upon his retirement from Virginia State University, was awarded the Diztingulshed ~rc~essor Emeritus title; and WHEREAS, during hi~ service at Union Grove Baptist Church, Dr. Braxton served as a mentor/intern coordinator approximately twenty young men and w~men who were beg~znning their ministerial cereer; was an active supporter of Scouting and wag recognized wi~h The Good Shepherd Awazd by the Asset±atica of Baptists for Scouting; was characterized by encouraging involvemsn~ and participation in church and community affairs for children, youuh~ and adults; and was granted the ti~ls, Pastor ~meritus, upon his retirement; and WEaR=AS, Dr. Braxton has been a participan5 in Virginia Union University School oX Theology's Continuing Educa~i©n Program; has ~arved Chsater~ie!d County on the Advisory Council o~ the Planning CommissionS The Revenue and Infrss~ruc=ure Committee, the Youth Sek~vices Citizen Board, and the Community of Caring Advisory Board; i~ ~rvfng his ninth year as President of the Civic and Progressive Action Association of the Matoaca Magisterial Distri=~; and is a member of Gillfield Baptist Church. the Ministers Conference of Petersburg and Vicinity, 5he Petersburg Area clergy a~d the Chesterfield brancke~ of the Southern Christian Leadership conference and the National A~cclatlon £or AdvanCement of Colored People. NOW, T~E~EFORE BE IT RESOLVED~ that the Chesterfield County ~oard of Supervisors publicly recognizes Dr. Harold Edwin Braxtcn for his noteworthy achievements in his personal tifs well as in the life cf Union Grove Baptist Church and Chesterfield County and congratulate= him upon his retirement. AND, ~R IT FURTHER R~SOLVED. that a copy o£ ~his resolution be presented to Dr. Brax~on and that thim resolution be permanently recorded among tho pa~ers of this Board of Supervisors of Chesterfield CoUnty~ Virginia. well as to Chesterfield County and congratulated him upon his 97-5~7 $1~71~? 14.G. SUPPORTING THEVIRGINIA CO~ITTEE FOR ~PLOYER SUPPORT Mr. KappeL introduced Ms. Mary $. Sundsrlin, with the Department WHEREAS, providing for the common defense is a fundamental responsibility cf governmenL~ and an all-volunteer establishment; and i~tegral part of America's armed forces; and WHEREAS, the virginia Committee for ~mpluyer Support of the Guard and Reserve was created to promote public and private employer and ~cmmunlty suppcr~ fur these vital pro,rams; and WHEREAS, the Virginia Committee for Employer ~uppor~ of this educational effort in the metropolitan Richmond area and k~R~J~, it i~ appropriate to ex~ress Chesterfield help to safeguard our national security. Guard and Reserve Forces and for the ongoing e£fcrts cf the Virginia Committee for ~mployer Support ~f the ~uard and Reserve and encourages ell Chesterfield County employees to lend their support to these important programs which, collectively~ acros~ the nation, comprise 1.6 million members o~ America's Ready Vote: Unanimous Sunderlin, accompanied by ~r~ C~rroll Thackston, Najor General of America's armed forcos~ and expressed the County's supports for the ~ational Guard and Reserve Forces that help safeguard General Faxton expressed appreciation for the recognition and Reserve Forces. He presented each Board me~ber with a M~. Daylur stated that Mr. Daniel is a member cf the Commi~ of the Employers supporting the Guard and Reserve end appreciation to him for hi~ support. 14.E. P~ECOG~RXZIN~ BOY SCOUT~UPON ATTAI~I~ P~AN~OFEA~LE ~COUT 14.~.1. MR~ TIMOTHY STA~FO]~D. TROOP On motion of the Boar~, the folio.wing resolution was adopted: WHER~A$, the Boy $cou~s of America was inco~-porated by Mr. William D. Boyce on February 8, 1910; and ~/27/97 97 558 citizenship training, personal develepment~ and fitness of WHEREAS, al%er earning at least twenty-one merit badges in a wide variety of fields~ serving in a leadership position in a troop, ca~ylng Out ~ service project beneficial to his community, being active in the troopr demonstrating Scout ~plri~, and livln~ up ~o ~h~ Scou~ Oath and Law; and WHEREAS, Mr. Timo~hy W. iua~erd~ Troop 823, nponsored by the Church of Jesus Christ of Latter Day Saints, has ~ccomplished ~hose hick standards of commitment and has reached the long-sought goal of Eagle Scout which is received by le~ than two percent of those individuals enterin~ the Scouting W~EREAS~ 9ruwing through his experiences in ScouUlng, le~rn~n~ th~ le~on~ cf responsible citizenship, and priding himself on the great accompliehmen~s of his County, Timothy i~ indeed a member o~ a new qeneration of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT R~SOLVED~ Lha~ the Chesterfield County Board of Supervisors h~reby extendg i~s con,raW,la,ions to ~r. Timothy W~ Stafford and acknowled~e~ the good fortune of ci~£zene. Mr. Daniel presented the executed ~eaoluti0n to Mr. Stafford~ accompanied by members e£ his family, congraZulated hi~ on his out~t~ndin~ achievemunts~ and wished him w~ll in his future Rr, StaSSord expressed appreciation for the recognition. 14.E.2. MR. DAVID STAFFORD~ 9~ROO~ 82~ On motion of the Roar~ the !ollowing resolution was adopted: W~EREAS, the Boy Scouts of Amemica was incerpor~tsdbyMr. William D. Boyce on February 8~ 1glO; and WHERF3~S~ the Boy Scouts of America was founded ~o promote citizenshiD training~ personal development, end fitness o~ individuals; and W~R~A$, after earning at least twenty-one m~rin bad,es in a wide veriety of fields, serving in a leadership petition in a troop, carrying out a sezvicu prejec~ beneficial to his community, being active in the ~roop, d~mon~trating Scout spirit, and llvln~ up to %he Scout Oa~h and Law; and WM~A$, Mr. David W. S~affurd~ Truop 825, ~ponscred ~y the Church of Je~u~ Christ of Latter Day ~aints, has accomplished those high ~tan~ards o~ commitment and has reached the long sought goal of ~agle 3coot which is received by ~ than two percent of tho~e individuals enter~n~ the SCOutin~ learning the lessons of re~ponsib!e citizenship, and priding himseli on ~he great accomplishments of his County, David is indeed a m=~ar cf u new generation of prepared young citizen~ Of whom we can all be ve~ proud. 97-55~ 8/27/97 WOW~ %5{EgEFOR~ BE IT RESOLVED, the~ the Chesterfield County board of ~upe~visors hereby exhends its congratulations ne Mr. David W. S~af~nrd and acknowledges the good ~ertane 0£ the County to hove such an outstanding young man as one of its citizens. Mr~ Daniel presented the executed resolution to Mr. stafford, accompanied by mem~r$ of his [~mily~ congratulated him on his cutstandin~ achievements, end wished him wall in his future Mr. SZa££ord expressed ap9rscla~ien £or the rsco~i~ion. 14.E.3. MR. T~O~AS WOODY, TROOP 800 On motion of the Board, the following resolution was adopted: WHEREAS, the Roy Scouts uf ~merica was incorporated by Mr. William D. Royce on February 8, 1910; and W~E~E~S, the Boy Ssouts of ~meriea was fett~ded to pro,ore citizenship ~raining~ personal development, and fitness of individuals; and WKEREAS, after earning at least twenty-one ~erit badges in a wide varlet~ of fields~ serving in a leadership position ~ %roop. ~rrymn$ out a gervic~ project beneficial to his co~ity, being active in th~ t~oop, de~on~=ratlng Scout ~RE~, Mr. Thomas A. Woody, Troop ~O0, spoDsored by Bethel Baptist Church, has accomplished those high standard~ which is received by less than two ps,cent of tho~e ~ndividuals entering the Scoutin$ movemens; and WME~AS, growing through his e~ariences in ScouLin~, learning the lessons of responsible citizenship, and priding himsel~ cn ~he greet accomplishments o~ his Coun=y, Thomas NOW, THEREFORE BE IT RESOLED, that the Chemte~field to Mr. Thomas k. Woody and acknowledses the ~ood fortune of the CounEy to have such an outstanding young man as uno of ciaizens. Mr. Daniel presented tko executed resolution ~o Mr. Woody, accompanied by members oi his fumily~ congratulated Aim on outstanding achievements, and wished klm well in his future Mr. Woody expressed appreciation for the recognition. 97 560 15.A. TO CONSIDER A~ ORDINANCE TO AMEND T~E CODE OF THE COUNYY OF C~ESTERFIELD, 1997, AS AMENDED. BY AMENDIN~ AND REENACTING SECTiO}~ 19-.~8 R~LATING TO ALLOWABLE POET- rN T~E U~R SWIFT CREEK WATERSHED MS. Joan Salvatl stated ~hat =his date and time ha~ been advertised for a public hearing to con~ider an ordinance to by amending and reenacting Section 19-238 relating to allowable post developmene phosphorous leads for residential development in the Upper Swift Creek Water~hed. She p~en~ed ~ ©verview of the proposed Watershed Management Plan for the Swift Creek Re~euvuir wat~r~hed in~ludin~ objectives of ~he Watershed. Thane was brief discussioa relative to how the proposed new standard would impact the expansion o£ the ~8 Corridor and whether =he Watershed Plan would inhibit the purpose of what ~he 288 plan might D~oduee if this ordinance is adopted as outline~ ~his evening. MS. salvati uontinued to present an overview of the Watershed Management including ~trat~gie$ ~o athlete ~he water quality ~oai and watershed objectives. Thens wa~ brief discussion relative ze ~he testing of alternative EMP~s and a Ceunty sponsored program that will be designed and paid for by the County and to also seek outside funding to assim~ in this program. MS. Salva~i Continued to present an overview of the Watershed Management strategies and then reviewed me&~ures for imp!emenLing Khe Plan~ proposed funding framework; ~he regional BM~ ~aster ~lan and Main~euance Program~ and an eutllna cf ~he proposed ~y~tem of regional detention ponds ~or Swift Creek Reservoir Watershed. She ~tated tha~ an importanu and exhaustive part of the Plan is ob~aini~q per, its ~o con,truce the regional RMP's. ~he eurther stated that there are two ~apers before ~he Beard at this time -- the first b~ing the adoptiou of an or~in~noe amendment that changes th~ UDDer ~wi£t Creek Ordinance from a .44 Dh©spheres standard for residential uses oi 2.2 dwelling units Der acre or less, to .22 pounds per acre per year. She stated that the effective date of the proposed ordinance, as prepemed by the Planning Commission, is before th8 Board at 5his 5ime is adoptien of the Watershed Management Plan which also proposes ~he initiation of the Regional BMP Mas~er Plan; the allocation Of up to $450,000 to pay for the 91an; tO require staff to address th~ ex, at,ion of regional BMP's to the rest of the Ceunty~ an additional Strate~ be added ~o the Watershed Mana~am~nU Plan which would ceil for the tri-annual review of the data fram the Swift Creek Reservoir years after the effective data e~ the ordinance; and to have ie appropriate applied between the e~eative date of the ~l~nnln~ Commi~siQn as i~ relates to directing sta£% to advise a£~er ~he efiective date of she phosphorus owdinancs so that the 97-561 clau~e if the ordinance i~ adopt*d, a~ recommended by the Planning Commiesion, end the BMP Master Plan is adopted before two years after the implementation of the ordinance. Mr. Warren recognized Mr. Russell Gullsy, Chairman of the Planning Commission, who was present at the meeting, uo commen~ on any of the Commissions recommendations regarding.this issue. When a~k~4, Mr. Micas stated that any future Board of Supervisors can change m~st decisions of prior Boards. Mr. Daniel st&ted that he ~aels the ~unset claume should be removed from the paper as he feels future BoardE will address any necessary issues ra§arding the BMP Master Plan at the appropriate ~ime, Mr. Warren stated the~ he supports Mr. Danlal~s Concept. There was brief diecussf~n relative to the process in obtaining permits as it relates to Regional staff for thei~ tremendous efforts regarding ~h!s ordinance and to the citizens for their attendance this evening regarding this He. Hersha Fallin, a resident of Woodla~e Subdivision, stated that approximately ~orty percent of the County's drinking water is about to become damaged beyond repair. She requested that the Bea~d support the Waterehed'e original recom~en~at~on~ without ~he a~dition$, She Stated th&t ~he feels the sunset clause is not necessary and that she feels the entire County should share in the cost oi any improvemen%s to the Watershed. She further stated that e year's delay in imDlementin ordinance will give developers ample time to get site plans approved at the existin~ .44 loadings. She stated that this Watershed currently allaws more than ~wice the density development of any other location. She indicated that ~he feels delaying implemenLatlon £or a year would be deUrimental to the $wliL Creek ~eeervoir. Mr- Dun ~Orman, a resident of Woodlake ~ubdivision, commende~ the Planning Commission for resommending the approval cf changing the phosphorous load £ro~ ,44 ~o .22 pounds per per year. He stated that the protection of the quality of the drinking waker provided by swift creek Reservoir is a prims importance to the entire County. ~e urged the Board %o the actions of voting on the Ordinance and implementation of the Watershed ~anagement strategies for th~ Upper Swift Creek Watershed. Ks stated that the implementation Of the proposed ordinance should not 5e d~layed. ~e further stated that it is not necessary, nor bene~iclal to the County residents, to wait for the BMP MaSter Plan tO be dev~10p~d before th~ Board changes the phosphorous load standazds. He requested that the Board enact the reviEed standardE~ with an immediate implementation date and direct staEE to address the ~trategy items within a timeframe EetabllehEd by the Board. He stated that by acting the ~tandazds this s~sning, a~ a separate piece of legislation, the Board will demonstrate its willingness ne protest the major asset of the community. Ms. Erin Dawes, President of the Woodlak~ Commtunity Association e~forts re~arding this issue, She also commended the Planning Commission for their efforts in sending ~he proposed ordinance implication cf iailure. She stated that she supports .22 and ~/~7/97 thmt implementation of the proposed ordinance should no~ be delayed. MS. Laurie Newell, Presidsnt of th~ Brandermill Community Association and representing approximately 12,~00 residents and commercial property owners of the County~ stated that the Brandermill Community AsseciaLion Board is eommltLed Zo the support of the ,22 staadard and the immediate adoption and implementation oX nhis standard. She further stated that the Brandermi!l Community A~sociation is nut opposed to the uae of r~ional ponds and that the funding issue is not a sufficient reamon to delay implementation of the ,~ standard. She thae .22 standard will not result in the proliferation of the number e£ ~MP'~. She requested that the Board make a decision for the future of Chesterfield County and one that will stand the test of time. Mr. Jim Murphy, stated that a number of developers are currently engaged in development along the Swift Creek Water~hed and nhmt iU is bis understanding that one cf these developers have voluntarily agreed to and proffered to abid~ by th~ recommendations of the Watershed Committee and commended them for their l~adernhip in SuppOrting th~ environment. ~e ~urthsr stated that he does not want a delay in the implementation of th~ .2~ ~tandar~, ~e stated that hs feels by allowin~ for more d~lay, the County is encoura~in~ an unfair economic ~dvanta~e as the early implementation of the .~ standard; that he feels delaying adoption of this proposal will only add to the pollution of Swift Creak Reservoir; and that he supports rsmoving the sunset clause provision. Ha expressed concerns relative to the maintenance Qf B~P'~ paid for by m special watershed tax ~nd by those residents within the Watershed. He expressed concerns relative to citizens paying for improvementn tO another District's olean water, but assu~ing the entire cost of maintaining its own drinking water supply. He indicated that he feels the cost of water ~uality is a County~wide responsibility to be shared by ~e. D.A. Blair, a residence of Woodlake Subdivision, ~tated tha~ she feels fresh drinkin~ water is no lon~ar a local issue; that there is becoming a global slUua~ion of the disappearance of clean, safe drinking water; and that the protection of the Swift Creek Reservoir will be based on the Board's decision this sveulng, She further st$~sd that ~uff~¢i~nt scientific evidence hms supported the fact that the quality of drinking wmter in the Reservoir is in danger now. She stated that the Planning Commission concurs wi~h the need to reduce the levels of methods for preventing the problem are available. She requested that the ~oard support the nasd for complete and immediate Mr. Clem Carlisle, a resident of Woodlake Subdivision, stated Committee ~or approximately three yea~s and voted with the costly to censtruc~ and maintain. He stated ~hat ~ke County ne=d~ to lock into r~ional B~'s and a regional solution to address how fundin~ will take place as it relates to regional There was brief discussion relative to a putlio hearing being held regarding the fundln~ plan for implementing the regional Hr. W~rren stated that tke consensus of tke Board at this time is that no decision will be made on the funding of the maintenance of HMP's this evening and that this issue will occur after the Plan is developed. Mr. Carlisle staled that he feels an evaluation of the watershed Management Plan, on a periodic basis, should be included in this Plan and noted that 5he Watershed Committee also recommended a Grandfather Clause which relates to d~velupment currently underway~ Mr, Richard Cook, President of the Boyses Cove Condominium Owners Aesooistion, expressed concerns relative to delaying the implementation of the .22 phosphorous standard. He stated that over the p~st twenty years he has been involved in the management of environmental affairs and has had extensive water cfu~lity issues in th= County need to be addressed now. Mr. Phil Halsey, a me,er of the Watershed Management Committee, standard. ~e expressed concerns relative to £unding of the implementation o~ the regional BHP Plan. Ha stated that he fSel~ ~uture development will add phosphoru~ to the BMP's~ that the developers are willin~ to assist in the funding process; and in place. Dr. Betty Hante,-Clapp stated that the water supply needs to be pro~ecte~ in the Coun~ and expresse~ appreciation to ~he ~oerd for their vision in the past in requesting that this Watershed be reexamined. She stated that she is in encouraged by the actlon~ of the Roard at thi~ time and stmted that ~he does not feel the sunset clause is necessary. She further stated that There was brimf discussion relative to this Watershed Managemen~ Plan being ~eriodically reviewed to determine if it i~ protecting ~hs Reservoir a~ intended. Mr. walter Marsh submitted information regarding impacts of controlling urban runoff, impacts of phosphorous from l~wn fertilization, and phosphorous discharge from Chesterfield sewage treatment plants. ~e requested that ~he Board supper~ the .Z~ and that the Board address the con=tel of fertilizing loading into the Swi£t Creek Reservoir. Mr. A1 Campen, a member of the Watershed committee~ stated all the issues that have been addressed this evenin~ were discussed Upper ~wift Cre~k Plan itself urg~ntty needs to be revised to stated that there will he cumpetin~ demands that will add pollution to the Watershed. He ~urther stats~ that the Watershed Committee did net GrandfAther anything. He stated that ~MP's is not the best or less cos~ly selution~ however, it was s solution that achieved a consensus of the Committee. He further stated that maintaining the water quality in this Watershed is a project that will continue for years and recfueeted that the Board support the recommendations Of the Watsrakod Committee. Mr. John Hughes, a member of the Brandermill Board of Directors, stated that he feels the issue is about doing the proper thing and doing it new. He further stated that this issue is also about government advising all citizens know that they have a limi=ed resource and that the Board ie committed to preserving that resource. He stated that ~eard has the ability to support the i~plementation of the proposed ordinance at this time. ~7 564 Mr. Jim Hubbard, realtor, s~ted thmt wken he obtained zoning for the Hancock property, the .22 standard was Mr. TOm PakBrar, Co-Pr~sident of ~ends Across the Lake amd a member o~ the County's Watershed Cemmittee~ stated that the v~lue of ~he Swif~ Creek Reservuir is approximately $31 billion. County if the Reservoir was lost. ~e further s~a~ed ~ha~ if the county adopts the .22 standard, it will kava enough water ¢~pa¢i~y ~r approximauely fifty years. He requested uha~ the Board support the .22 ~tandard at this Kime ~nd recommend the regional BMP's. He stated that he feels the maintenance o~ the BMP'~ would b~ best addressed by public funding and be spread in He also encouraged =he Board to direc~ ~taff to maintain this program. ~e s~a~ed ~ha~ he understands ~he issues addressed by Mr. Barber regarding the 288 CO~ridor Plan au it relates to this issue. Mr. Warren ex-pre,sad appreciation to ~he membershi~ of Bands Across the Lake who have been steadfast over tb~ years in their There being no cna else to addrse~ this issue the public hearing was closed. It was generally a~repd ~o recess ~or ten minutes. R~convening: ~r. Warren s~a~ad tha~ i~ was his intention to bring before the Reard a motion that would implement the .~2 standar~ immediately. He inguired a~ ~0 she impec~ en ~he enforcement of this ordinance if it become effective Septen~ber 15, 1997 rather not be a problem on staff's part ~n implementing the ordinance on September 1~, 1997. He further stated that it would take recalculating the volume needed to reach the .~ standard. Mr. Warren inquired a~ to the d~velopmemt impac5 if ~ha ~mplementatlon of ~he ordinance i~ delayed until D~c~mber 1, for ninety one acres in tk~ Upper Swi£L creek. He ~urther stated that sixty one aorta in plans are currently being reviewed by etaf£. when asked, Mr. Micas stated that two motions will be required other to sonsider the Watershed Management Plan. Mr. Daniel referenced a request in the 198O's ~urrounding de~erloration o~ the Falling Creek Reservoir and Lhe Magnolia Green request in 1991 which was aDproved, but opposed by him. Ha s~amsd ~hau he feels ~he .22~ as a new standard~ is a phosphoru~ le~eln: and the Keservoir having limited access ~e adjacent property owners and its inviteee~ but not being public amenity. 97 565 K~. ~c~ale in~fui~d a~ t~ th~ impact to tko community of immediate implementation of the .22 standard? Mr. Warren stated that the impact would be that tko development would have ~o live within the suandard adopted by this Board, subject to the effective date and that there would be no other impact to the community. proce~ of the Board considering rec~ests for development if the Board supports the recommendation of the Planning Commission; meef the .~ ~t&ndard: what t]rpes of methods are currently being .22 standard; what devalopero a~e giving up i~ a~ e~fort to Yeluntarily support the .22 standard; the phosphorous level ~hat could be in the Resel~zoir that would still allow for safe drinking water; and additional prooesse~ being ~ddsd to the Mr. ~arber sta~e~ that he feels the Board is about to take an action that will drive an ordinance which will have private developer and County cost. Ke further sta~ed that ha feels the Board's action re~arding this issue will have fiscal ramifications, whiuh compels him to be hesitan~ and causs~ him of man-mede lakes bein~ possibly over hundreds of year~ old; she life ~xpectancy of the Swift Creek Reservoir being appro×imafsly an additional thirty years i~ proper action is taken to appropriate maintain th~ current quality of the Rassrvolr; the current Upper Swift Creek Plan permitting 2.2 dwellin~ units per build out; a significant portion of the County's development anticipated to occur within ~his Watershed, Mr. Warren stated that action this evening arrives at many years of efforts on the part of many citizens and County Mr. Warren then made a motion, secondmd by Mrs. Eumphrey~ for the Board to adopt an ordinance relating to allowable post- development phosphorous loads for residential development in the Upper Swift Creek Watershed, with an effective date of implementation being September 15~ 1997. Mr Barber ~ade a substitute motion ~ha~ a~ ~he ~im~ ~he BMD oonsiOsr the proposed orOiuance and the Plan simultaneously. Mr, Barber then stated that he supports ~he science of the s~andard~ however, he canno~ separate it from the fiscal responsibility placed upon the Board of Supervisors, He requested ~hat the Board affirm the proposed ordinance and the Plen on the same A~enda Item when the Board has the completed Mr. Warren clarified tkat the Plan is not expected to be completed until approximately eighteen months. Mr. Barber clarified that he is willin~ tc support the paper thi~ evening, provided that the Board is willing to consider the issue in light of the BMP Master Plan~ when the Plan is completed~ Due te the le~k of a gec~nd~ the substitute mOtiOn failed. 8/27/~7 Mr. SeMele clarified ~ha~ if ~he proposed ordinance is adopted, wi~h the effective date of September 15~ 1997, the standard of .22 .~ould ba in effect immediately and 5he. construction and maintsnanse cf th~ more rigorous BMP's, would continue under the County's currant policy, which means that the property owners or developers of the property would be responsible for building and maintaining the ~MP's. Mr~ Warren salled for the vote on the motion made by him, seconded by Mrs. Mumphrey, for the Board Ye adcp~ ~he following ordinance: A~ ORDINANCE TO D~4END THE CODE OF THE COUNTY OF CHESTERFIELD, %997, AS AM~NDED~ AY AMENDING ~24D REENACTING SECTION 19-23~ REr-~TING TO ALLQW~-BL~ POST-DEVELOPMENT B~OSP~ORU$ LOADS FOR RESIDENTIAL DEVELOPMENT IN THE UPPER SWIFT CREEK WATeRSheD BE IT ORDAINED by thm Board Of Supervisors of chesterfield Connty~ ThaZ Section 29~238 of the ~.of the County of Chesterfield, ~7, ~S amended, is amended and reenacted to read A~y use, development or redevelopment Of l~n~ in t~eUDper Swift Creek W~tersh~d shall meet the following performance criteria: (d) (1) Stormwater runoff shall be controlled to achieve the following: For any new use or development, the post- development~ non point source ~cllution run off loads of phosphorous and lead ~hall net exceed the ~cllowing~ (i} Ph~sDhorus~ 1, The po~t-develupment total uses located in areas identified in the comprehensive plan for residentis1 use cf 2.2 units per acre er less shall not exceed 0.22 pound~ per acre per y~er, 2. The pest-develupmen~ total phosphoru~ load for all oth~r uses shall not exceed 0.~5 pounds per acre per year. (2) That this ordinance shall become effective On ~epcembe~ 1~, l~Pg. a127/~7 O TO CONSIDER T~E ADOPTION OF THE WATERSHED F~-~AGE~NT PLA~ FOR THE UPPER SWIFT CREEK WATERSHSD Mrs. ~umphray expressed appreciauion to staff and the Watershed Nanagement Commiuue~ for their tremendous efforts in the development of the Watershed Management Plan and that th~ issues they have addressed have been very scientific and complex. She referenced the bibliography of Mrs. Mary Kramer, a member of the Water~hed Committee, and stated that the bibliography is a profound and exceptional documen~ reqarding water~hed Mrs. Humphrey then made a mo~ion, seconded by ~r. Warren, for Swift Creek Watershed with ~he following ukanges: 1. Adoption of Lhe Watershed Management Plan as official County policy. D~i~ete~ up to $450,000, in the Reserve Capital Improvement Fund, for the staf~ to hire a consultant to develop a BMP Master Plan ~nd Mainten~nc~ Progfa~ for regional BMP'a to serve the Watershed, which includes a Eunding strategy that requires developer funding of ~h~ for e funding program for the mainDen~nce of ~he regional BMP's. (The $450,000 will be capitalized and included in 4. Direct sta~ to provlda the ~oar~ of ~upezvisozs a review, every three years, of the Swift Creek Reservoir's in-lake phosphorous concentration levels and ~ribnuary monitoring data to determine whether the Watershed Management Plan is pro~ecting th~ Reservoir a~ intended to protect the Reservoir further. 5. The Board of Supervisors direct the Environmental Engineering s~=ff to brief the suard, evsry six months, on the progress of the d~sign~ d~velopment, and implementation of the BMP Master Plan and Maintenance Program. 6- Direct Staff tO develop interim procedures that will ensure compliance with the new phosphorus ordinance between the ordinance's e~ective date and the ~doption of the BMP Master Plan and Maintenance Study and to provid~ the Board with a written repor~ on ~hose procedures before the ordinance becomes effective. ~r. Daniel ~xpr~ss~d conc~uns r~latlv~ to the clarification of the motion. The~e was brief discussion relative t6 the adoption of the Watershed Management Plan a~ o~ficial Cotmnty policy. Watershed Management Plan for the Upper Swift Creek Watershed wi~h ~he £ottuwing changes: 1. Adoption of ~he Watershed Managemen= ~lan as offieial County policy. 3. Direct st~ff to designate, up to $450~000, in the Reserve ca~ital Improvement Fund, £or th~ staff 5o hire a conduit&nh to develop a BMD Ma~ter Pla~ a~d Maintenance Pro,ram for regional BMP's to serve the Watsr~hed. which includes a ~unding strategy that requires developer funding of the construction of the regional BMP'e and the recommendation for a funding program for the maintenance 97-568 of the regional BMP's. The $~$0,00~ will be cap±taliz~d and included in the rate recovery program. Mr. McHale stated that if the $450~000 is superseded, then the County would increase its water rases. Mrs. Humphrey ~tated th&t water rates would not be iacraased~ but are only recemmendin~ that staff bring the Board a plan to Mr. Barber s~a:ed that some of the language a~ the Planning Co,mission's recommendation was to limit the funding for maintenance e% regional BMP'S to the WaUershed and than Mrs. ~umphrey~s recommendation i~ not limiting ~he funding, but ~o consider fundin~ from the entire County, which verifies Mr. Mrs. Humphrey s%a~ed that her intention is ZO ~ive the ~taff a time frame to brin~ the Beard of Supervisors any number of strategies for funding ute Plan. MS, Salva~i clarified ~hat, by State law, when a County develops regional facilities, it i~ alga p~fmit%e~ ~o recover the costs of any administrative actions, including the C©S~ of the study. Mr. Daniel stated that he feels the co,ts of constructing the BMP's should be recovered by the County and net be recovered as Mr. McHale ~tated that he is prepared to support ~ll the items as recommended by ute Planning Commission and staff, but request that the Board eliminate item number five which directs staff to advise the Board if the BMP Master Plan is ne~ adopted within two years after the effective date of the phosphorus ordinance so that the Board can r~view ~hs .22 phosphoru~ etanderd if the vote on each item recommendation by the Planning Commission and staff separately. When asked, Mr, ~amsey stated that staff anticipates that the study will be completed in approximately two years. On mo~ion of Mrs. ~umphr=y, seconded by Mr. Warren~ the Board adopted the following ~esure to implement the wa%etched Manapamant Plan: o Daei~nate up to $450,000 in the Reserve Capital develop a BMP Master Plan and Maintenance Program for regional BMP's to serv~ the ~atersh~, which includes a funding strategy that require~ developef fundln~ of the for a funding program for the maintenance of the repional BMP'$. The $450,~0 will be capitalized and included in Vote: Unanimous 97-569 adopted the following measure to implement the Watershed on motion of Mrs. Humphrey, seconded by Nr. Daniel, the Board © The Board of Supervisors direct the Environmental Engineering staff to brief the Soard, every six months, on nhe progress of implementation of the Program. On motion of Mrs. Humphrey, the design, devslspmens, and ~NP Master ~lan and Maintenance seconded by Mr. Warren, the Board adopted the following measure to implement the watershed Management Plan: 0 Direct ~taff to develop interim procedures that will en~ure ~omplianoe with the new phosphorus ordinance between th~ ordinance's effective date and the adoption c~ the BHP Ma~ter Plan and Maintenance Study and to provide the ~o~rd with a written r~port on those procedures before the ordinance becomes effective. to come back to the Board with a report. Mr. Ramsay recommended that the Board give staff a tlme-fra~ of Deco, er 1. 1997 to come back with a report. Mrs. Humphrey amd Mr. Warren concurred with the recommendation made by Mr. Ramsay ~cr s~af~ to come back te the ~o~rd by December 1, 1997 with a report. Mrs. Humphrey amended her last motion, seoended by Mr. Warren~ for the Board to adopt the following measure to implemen~ the Watershed Mun~gement Plan: O Direct staff to develop interim procedures that will ensure complienoo with he new phosphorus ordinance between the ordinance's effective date and the adoption of the 5MP Master Plan and Maintenance Study and to provide the ~o~rd with a written report on tho~e procedures by December 1. 1997. Vote: Unanimous Mr. Warren expressed appreciation to the citizens for their attendance an~ input regarding this public hearing, specifically, to Ms. Mary Kramer for her tremendous efforts into thi~ process. ~ was agree~ to recess for ten suspended its rules st this time to allow the 5dditional public hearings to be h~rd at this time due to the letenees of the hour. The Clerk stated that this date and time has been £er a public hearing to consider a resolution to abandon the bus loop at Rellwood Elementary School ~nex. resolution. On motion of Mr. Mc×ale, ~econd~d by Mr. Barber, th~ Board adopted ute felluwlng resolution: WKEREA$, a sketch has been pr0v~ded to Zhis Board depicting an abandonment required in the ~ecundary system of state highways, which ~ketoh is hereby incorporated kersln by WHEREAS, a public notice wa~ p©$%ed a~ prescribed under Section 33.1-151, Code o~ Virginia, announcin~ ~ public hearin~ to receive eomment~ concerning abandoning the road dsscrlbed below ~rom the ~econdary ~ystem of state highways; and WKEREAS, the Commissioner of Virginia Department of Transportation was provided the prescribed notice of zhis Board~s intent to abandon the subject road; and WHEREAS, after coe~i~erin~ all evidence available, ~uard i~ ~ati~£ied ~hat no ~ublic necessity exisZs for the Continuance of th¢ ~¢condary road, Route 94~1, as shown on the attached sksack, and hereby deems this road i~ no longer necessary as part of the secondary syste~ off highways. NOW, THEREFORE, SE IT RESOLVED, this ~oard abandons above described ~oad and removes it ~rom the secondary system of state highways, pursuant to ~ectien 33.1 I51, Code of virginia. BE IT FURTHER RESOLVBD~ that a certified copy of this resolution be forwarded to %he Resident Engineer for the Virginia Department o~ Transportation. 15.C. TO CONSIDER A~ 0~DINANCE TO VACATE A PORTION OP A T~N FOOT ~ASEMENT LOCATION ACRO~$ LOT ~. ~IRKDALE S~/~DIVISION. SECTION 3~ The Clerk stated that thi~ date and time hue been ~dvertised for a public hearing 5o consider an ordinance to vacate a portion of a ten foot easement location across Lot 15, Rirkdale subdivisien~ Section 30. ~o cee c~me ~orward to s~eak in favor of or a~ainst thi~ resolution. 97 571 edopted uhe following resolution. T~OMAS J. ~ITzGERJLuD and JOA~ M. acrose Lot 15, Bit,dale Subdivision, Section FO, MA?OACA Magisterial District~ Chesterfield County~ Virginia, as shown on a plat Circuit Court of Cheszerfield Counsy in Plat K~REREA~, T~O~viAS J. FITE~E~D and JO~ M. FITZGE~LD; Birkdale S~diwision, Soction 30, ~T0~Ck ~agisterial Dimtrict~ o~ record in ~Ke Clerk's Office of the Circuit Court of said of which is more fully sho~ on a plat made by par~ o~ this OrdinKnca~ of ~he Code of Virginia. 1950, es amende~, Dy ~dvezti~ing~ and, WHEREAg~ no public necmssity exists for the continuance th~ ~a~ement ~ouqht to be vacated. Tka5 pursuant %o Sec%ion 15.1-482(b) of the Code of Virginia, accordance wi~h Section 15.1-~82(b) of th~ Code of as amended, and a certifisd copy Of this Ozdinancs~ together with the Dlat attached hereto shall b~ recorded no sooner ~han ~hir~y days hereafter in Khe Clerk's office of ~he Circui~ Cour~ Chesterfield County, Virginia pursuant to Section I5.I-485 of the code of Viz~inia~ ~50, a~ the plat vacate~ This Ordinance shall ves~ fee simple title public use, Aceozdingly~ 5his Ozdinancm shall be indexed in ~he names cf g/27/~7 ~7 572 The Clerk stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of ~ variable width easement within Kun~in~creek Hills Subdivision, No one c~me forward to speak in favor of Or agains~ ~his On motion o~ Mr. Daniel, seconded by Mr. Barber, the Board adopted AN ORDINANCE whereby ~he COUNTY OF UNESTERFIELD, VIRGINIA, (~GPJ~i~TOR") vacates to KAY ANN ~ALL, ('~GRA~TEE"), a portion of a Subdivision, Section B, D~E Magisterial District, Chesterfield Coungy, virginia, as shown on a plat thareo~ duly recorded in the Clefk'~ Officm of the Circuit Court of Chegt~rfiel~ County in Plat Book 30~ at Pages 54, 55 and 56. ~E~, ~Y ~ ~L, petitioned ~he Hoard of Sup~isors of Ch~sterfiuld County~ Virginia ~o vacate m ~ort~on of · v~iable wi~h easement across Lot 1, H1Ock ~ Huntingcreek ~i115 Subdivision, Section ~, D~Z Magisterial District, Chesgerfield Co~ty~ Virginia ~ore particularly shown on a plmt of record A~ the Clerk's 0fCice of the Circuit Cour5 of said County in Plat Book 30, Pages 54, 55 and 56, by O. ~. TI~ONM & AS~OCIATR$, I~C,, dated DECEMBER 21, 1977. The ea~em~n~ p~i~ioned ~o be vacated is more fully duscribad us follows: A portion of a variable width easement, across Lot 1, Block ~, ~untinqcreek Hills Subdivision, Section B. ~he loca~iun of which is more fully shown on a plat ~de by VIRGINIA ~E 27, !997, a copy of which is attached hereto and made a par~ uS this Ordinance. W~ER~J~S~ n©ticm has been given pursuant to ~ec~ion 43~ of th~ Code of Virginia, 1950~ as amended~ by advertising3 and, W~Fa~AS, no public ~ecessity exists for the ¢o~tinuanse of the easement sought to be vacated. NOW~ 55{EHEFORE, BE IT ORDAINED BY THE BOARD OF ~UPERVIS0~S ©E CHeSTeRFIELD COUNTY, VIRGINIA: Than pursuant to Section 15.1-482{b) of tke Code of Virginia, 1950~ as amended, ~he a£oresaid easement be and This Ordinance shall be in ~ull force and effect in accordance w/th Section 15.1-4s~(b) of the CQ~e of Virginia, 1950, as amended, and a certified copy of this Ordinance, to~ether with the psat a~tached hereto skall be recorded no sooner than thirty day~ hereafter in th~ Clerk's Office cf the Circuit Court of Chesterfield County, Virginia Dursuant to Section ~5.1 485 of the Code of Vir~i.nia, 1950, as amended. The effsct of this Ordinance purnuant ro Section 15.1 is to destroy the force and e~fect of the ~ecording of the portion of the plat vacated. Thi~ 0r~inance shall vest %se simple title of the easement hereby vacated in the property owner of Lot 1, Blo~k H, within ~untingcreek Hills Subdivieion~ section B free and clear o~ any rights of public 8/27/97 Accordingly, thic ordinance shal% De indexed in the names of the COUNTY OF CKB~TERFIELD as ~RA~TOR~ and KAY ANN HALL, o~ 15.E. TO CONSIDER THE APPROVAL OF THE CONVEYANCE OF EXCES2 RIGHT-OW-WAY ADJACENT TO P/tOPES LA/~E The Clerk stated that this date and time has been advertised for a public hearing ~e consider the approval of the conveyance of excess right of way adjacent to Rhodes Lane NO one came forward to speak in favor of or against this issue. On motion of Mrs. Humphrey, seconded by Mr. MoHalk, the Board Rhodes Lane. Vote: Unanimous 15,F, TO CONSIDER AN AMEND~NT TO THE FYg?-98 BUDGET TO AP~gOP~IATE $1 MILLION IN VIRGINIA DEPARTMENT OF TRANSPORTATION REINDURSEMENT~ TO FUND THE DESIG~ AND RIgHT-OF-WAY ~OR SALEM OHURO~ ROAD (KIN~$L~ND TO The Clerk stated that this date and time ha~ b~en advertised for a public hearing to consider an amendment to ~he FYgY 98 Transportation Reimbursements to fund the design and right-of- way ~or Salem Church Road (Kingcland to Beulah). On motion cf ~r. Daniel, seconded by Mr. McHale, the Board approved an amendment to the FY97-98 Budget to appropriat~ $1 million ~n virginia Department of transportation reimbursement to £und the ~esi~n an~ rlght-oi-way ~or Salem Church Road {Kingsland to Beulah). Vote: Unanimous TO CON$IDEKAMORDINANCE TO AMEND THE CODE OF ~EE COLr~Ty OF CHESTERFIELD. 19Pg. A~ AMENDED. BY ADDIWG ~ECTION 15-231 RELATIN~ TO FIN~ERPRI~IN~ A~PLiCA~TS FOE CONCEALED WEAPONS PERMITS of ~he County o~ Ches~er~ield~ 1997, as amended~ by ad~ing Szction 15-231 ralutin~ to fin~erprintin~ applicant~ for concealed weapons permite. %he ordinance will increaee the time and expense of obtaining right ~o carry a firearm has had a 9ositive~ rather than negative, impact on crime. require a law abidin~ citizen, who ie e~eroising their free right, ~o be required to submit any type oi criminal document. 97 574 concealed carry permlt holders and that neither Virginia, nor Federal law wequire~ fin]erprintin9 for concealed carry permits. Me further, sighed that he feelS' fingerprinting is an unnecessary end costly burden and that ~unding spent on tin~erprint checks should be used On community pQlicinq efforts. Me stated that fingerprint cheeks were rejected ~his year by Dickenson, Faquier, Pai~fax City, Prince william, and countie$/citie~ in Virginia have considered fingerprinting, and Association did, however, provide him with the information that Mr. Phil!ip Van Cleave stated that he opposes th~ need for fingerprinting. He further stated that he feel~ the funds used to initiate %his prOCeSS would be betuer spent on community taxpayers. colonel Baker stated that he supports the proposed ordinsnoe. ~e further stated that the Chesterfield Coun%y Police stated that over ~,000 people in this country have rejected for permits because of criminal records. He further £1~g~rprin~in~ procsss. When asked~ he stated ~hat wi~hou~ approval cf the ~ro~o~ed ordinance, the Police Department is the County to issue concealed weapon~ peTmlt~ within 45 days of application. finge~-prln~ and the County being under that direstion for at %~hen asked, Colonel Baker stated that concealed permits if they are convicted. Mrs. Humphrey stated than the purpose of ~he proposed ordinance iu to allow the Police Department an additional Tool to ~liminate criminals from obtaining firearms. She further stated that she support~ the proposed ordinance. When asked~ Mr. Micas eta=ed tkat there would non be any liability to the County if a permit i~ wrongfully i~uu~d or if applicants for concealed weapons permits. relative to the State Legislature ohooslng t~ take this that this new process is effective and prevents criminals from Mr. Warren called ~or the rots on the motion mads by Mrs. Mumph~ey, seconded by Mr. McHale, for the Board to adopt the following ordinance: AN 0RDIN~CE TO A~ND T~B CODE OF THE COUI~TY OR C~ESTERRIELD, 1997, ~ ~MD~D. ~v AfDDI~ $~CTIO~ 15-251 R~LATING ~O SUBMISSION OF FINGERPRINTS ~QUIRED TO OBTAIN CONC~L~D WEAPONS P~RMIT BE IT ORDAI~D by ~he Board cf ~uparvi~or~ Qf Chesterfield County: Chesterfield, 1997, as amended, is added t0 r~ad as follows: sec. 15-231. Submisgion of Fingerprin=~ Required to obtain Concealed W~aDons Permit. ~y applicant for a concealed handgun permit ~hall be re,ired to submit to finge~rin~ing for the pu~ose o~ reco~d. A~ a condition fe~ the i~u~nOe Of a concealed handgun pe~i~ ~he applicant ~hall submit to fingerprinting and provide personal descriptive information to be forwarded with the fingerprints through the Central Crimln=l Records Exchange to the Pederal Bureau of Investigation for the purpose of obtmining criminal history record information regarding the applicant~ and obtaining finger,iht identification informmuien from federal records pursuant to criminal investigations by the c~iminal histo~ ~ecord~ check and return of the fingerprint cards to tko Chesterfield Coumty Police Department by ~he VirGinia State Police~ the Chesterfield County Police twanty-on~ days from the date of the notice to request return of 5he finge~rint cards. Ail fingerprint cards not ctaimed by the applicant within twenty-one day~ of notification by the Chesterfield County Police Departmen~ shsll be destroyed. shall no~ be copied, h~ld, or u~ed for any other purpcsa~. (2) That ~hi~ ordinance shall become effective upon adoption. TO CONSIDER AN ORDXH~/qCE TO ~ND THE CODE OF OF ChESTERFiELD. 1997. AS ~ENDED. BY P~EEHACTING SECTION %-24 RELATING TO CONTROL OF D~EROUS Mr. Mica~ stated that th~m d~te J~d ~De has been advertised for a public hearing to consider an ordinance to amend the Code of the County ei Ckester~ield~ 1997, as amsmded, by amending and ruunactin~ Section 4 24 relating to control of dangerous or vicious dogs, Ho one came forward to speak in favor of or against this ordinance. After brief discussion, on motion ef ~r- Dan~I, secoD~e~ by Mr. McHale, ~he Board adopted the ~ollowing ordinance: D/q ORDINANCE TO AMEND THE CODE OF THE COUI~TY OF CHESTERFIELD, 199~ AS A~E~D~D, BY A~NDING BE IT ORDAINED by ~hs Beard of Supervisors 97-576 of (1) Th~ Eection ~-2% of ~he Code of the County o~ Chester~ie!d, 1997, as amended, is amended and reenacted tO read as follows: '~' Sec. 4-2e. Control cf dangerous or viclcus do~s. (a) I~ the animal warden receives a complaint or has reasQn ts believe that a canine or canine crossbreed is a dangerous dsg~ he shall undertake an investigation to determine mad any appeals have been exhausted. The investigation shall the incident forming ~he basis o~ the complaint; (ii) any other violent acts by the animal, (iii} interviews with the complainant(s) and anyone else hsving knowledge cf the animal and (iv) observations of the animal. In addition, the animal's inves~i~atien~ thc animal warden shall make a ~ritten detpr~ina~icn as ~o whether the animal is danpsrous. If the follow the procedures in paragraph {b}. I~ he determines that the animal is dangercus~ the animal's owner shall comply with file an appeal to the general district court within 15 days of the animal for trial. If, after hearing the evidence, the order the animal's owner to comply with this section. If, a vicious dcg~ the court shall order the animal euthanlze~ in (b) If tho animal warden receives a complaint or has reason to believe tha~ a =anlne or canine crossbreed is e vicious dos, he .shall apply to a county magistrate for summons requiring ~hs owner cr custodian, if known, to appear before a general district court at a specified time. summons shall advise the owner of the nature o~ the proceeding summons, The court, through its contemp~ powers, may compel section. If~ after hearing the evidence, ~he court finds that euthaniz~d in accordance with section 4-25. dangerou~ or vicious dog due to the following: (l) Solely because it is a particular breed; pe~son, the person was: (i} committing a crime on the animal owner's premises; (ii} commlt~in~ a willful trsspa~ Or other tort on the premises occupied by the animal's owner or custodlan~ or ( iii} provoking, tormenting or physically physiemlly abused the animal at other times; (3] A police dog that was engaged in the performance of ft~ dutie~ when ~he ~cts complained of occurred; 97-577 Ia) An animal that was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, at the time of tko acts complained of, (dl Within ten days of a court's finding an animal a o~ $50+00, The ~ee is in addition to other ~ees required by The animal warden shall provide the owner with a uniformly designed Zag identifying the animal as e dangerous dog. The owner shall fasten the tag to the animal's collar and en~ure that the animal wears the collar and tag a5 alt ~imas. Alt initial certi~icate~ section shall only be i~susd to person~ 18 years of age or older who present sa~is£mctory evidence (i) of the animal's Current rabies vaccination, (ii) that the animal ia and ~ill be confined in a proper enclosure, or is and will be confined confined in the owner's fenced in yard until the proper enclosure is constructed; {iii) that the animal has been neutered or spayed and {iv) that the owner has liability addition, no owner shall be i~sued a certificate or renewal unless he presents sa~isiactory evidence ~hat (i) his r~sidence is and will continue to be posted with clearly visible si~ns property and (ii} the animal ha~ been permanently identified by ~aans of a tattoo on the inside thigh or by electronic (f) While on its owner~ property~ an animal found to be a danu~rous dog ~hall he confined either indoor~ or in a design to prevent the animal's escape or direct contact with or entry by minors, adul=s or o~her animals. The structure shall off ire owner's property, an animal found ~o be a dangerous dog ~hall be kept on a leash and muzzled to prevmut it from biting a pe~son or another anlmal~ but not in a ~arn~er to cau~ injury to th~ animal or interfere with the animal's vision or (g) If the owner of an animal found to be e dan~erou~ do~ is a minor, th~ Custodial parent or legal guardian shall be (h) If an animal has been found to be a dangerous ~og, ~h~ owner shall immediately notify the ~uimal warden upon learning that th~ animal (i) is loose or unconfined; (ii) has bitten a person or attacked another animal; Iiii) h~s been sold, ~iven away or died; or (iv} has been moved to a different address, If an animal has been deemed to be a dangerous do~ by a court in another localiby and that animal begins residing in the and shall comply with this section,. (i) All ~ees collected pursuaat to this secUion, lass the distributing ~hs requieite certificates and tags, shall be paid into a ~pecial fund dedicated to paying the e3~penses of any training course$ required under Code of Virginia, § adoption. {Cod~ 1978, State law reference{s}--Authority to control dangerous dogs, Code of Vixginia, ~ 3.1-796.93:1. 15.J. TO CO~ZIDERAN O~.DI~AI~CE TO AMEND THE COD~ OF T~E COUNTY OF CHESTERFIELD. 1~97. AS ;~ME~ED. BY ~-45 ~ATI~G TO C~PETITIVE PLT~CHAEING GENERALLY. ~r. Miea~ stated that this date add time has been advertised o~ the County of Chesterfield, ~997~ ms amend~d~ by Section 2-45 relating to competitive purch~sin~ ~enerally~ exceptions. 0n mo=ion of Mr. McHale~ ~econded by Mr. Warren, the Board ~ ORDIN~CE TO ~END TKE CODE 0F T~E C0~TY OF CHESTERFIELD~ 1997, AS ~ENDED, BY ~CTION 2 45 R~TING TO COMPETITIVE RE IT ORDAINED by the Board of Supe~isors of Chesterfield County~ (1} That Section 2-45 of the Codu of thc chesterfield, 1~97, as amended, i~ amended to ~ead as follows: All county =chOruses wi~h nongovernmental contractors for th~ purchase or lsase of ~oods~ for the purchase of se~ices, or ~or the ~ale o~ obsolete or unusable ~oods, ahall be awarded only after competitive healed bidding Or negotiation as provided in this article; provided, however~ competitive sealed bidding er competitive negotiation shall not be required: (a} Upon the purchasing director's written determin~hlon that Only one {1} source i$ practicably avail=bio for the goods or ~er ~he de~erminazicn; ~he emergency and for the selection of the particular thousand dollas~ {$30~000.00} end the department procuring the goqds or so,ices complies wi~k alternate ~urcka~ing procedure~ established in writin~ by the county purchasing director; (d} If the contract is for {i) legal services, witnesses or other services associate~ with litigation, regulatory or administrative prooeeding~ or (iii} legal services Drovided t0 the county school board pursuant to Code of Virginia, section 97-579 the county purchasing director makee ~ written d~termination that it is more advantageous to the county to sell the Deeds at public auction, and if the goods are se sold- Notwithstanding the above, purchases of goods and services shall be made with ouch competition as is prmcticable, as determined by the county purchasing director. (2) That this erdinanse shall become sffeculve upon adoption. Vote: Una~imuus 1S.K. TO CON~IDER THE ISSUP~N~E OF CEETIFICATEB OF PARTICIPATION NOTES FOR CONSTRUCTION O~T~EN~WCUVENILE COURTS BUILDING. A/rD EXPANSION OF THE_.JIFVENILE DETEbFIION CENTER, CO~I~IT¥ DEVELOPMENT BUILDING, A~DTk~OP3~ATION SYSTEMS TE~OLO~Y BUILDING Mr. St~gmai~r stated that this data and time has been advertised for a public hearing no cunsldar ~he issuance of certificates o~ participation notes for con,true,ion o~ the new Juvenile Courts Buildinq and expansion of the Juvenile D~antion Censer, Community ~velopment Building, and information Systems Technology No one came forward to ~peak in favor of or against ~hi$ issue. Mr. Warren made a moti~ seconded by Mrs. Humphrey, for Board nc approve ~h~ issuance of c~r~if~cat~ o~ participation notes~ in the amount of $26.8 million, fo~ construction of the new Juvenile Ccurns Suil~in~ and expansion of ~he Juvenile Detention Center, Community Development Building~ and Information Systeme Tec~olo~ ~uilding; authorize rei~ur~emen~ t0 the General Fund from the cartiiicu~e of participation proceeds for the ~oney transferred fram the General Fund; appropriate $1~.~ million in certificate participation proceed~ for the Juvenile Courts Building and $150,000 in in~erest earnings for issuance ce~; ~pprove the transfer cf $1 million in General Funds from th~ Juvenile Detention Center projec5 to the Juvenile Courts Buildin~ project. M~. Rerber ~tated that he and ~r. HcHale me~ with the Judges thi~ ~fternoon and -staff have addressed all concerns. recognized ~h~ Honor~Ll~ Judge Bonnie C. Davis, who was NO one came fo~mrd to ~peak in favor ¢f or against this issue. Mr. Warren called for the ve~e on ~ke mo~ion made by Warren, seconded by Mrs. Humphrey, for the Board to approve the of $~6.~ million, for construction ~ the new Juvenile Courts Building and exFansion of the Juvenile D~ten~ion Center, Community Developmen~ Building, and Informmtion gystems Tucknotogy Building~ authorize the rei~ursemen= to the General Fund from the certificaEe of participation proceeds ~or the money transferred item the Gun=tel Fund; appropriate $16.1 million in certificate of participation proceeds ~or the Juvenile Courts Building and $15Q,0Q0 ~n interest earnings for Funds Krom the Juvenile D~tention Center project to Juvenile Courts Building project. ~1~7197 97-5S0 Mr. Warren expressed appreciation ~o Judge Davis for her attendance ~his public hearing. In Midl©thi~n ~gletcrial District, CRENSHAW-~I~LETO~ {Case 67 ~5) and amendmen= of zoning dis%ric~ map ts delete a r~quircment that there be no exterior merchandising. Th~ density o~ such amendment will be controlled by zoning conditions or Ordinance standard~. The Comprehensive Plan suggests the property is appropriate for light commencial use. Thi~ request lie~ in a Ce~muni~y ~usiness (C ~) Distric~ on 3.9 acres known as 2600 Euford Road. GPIN 754-719-Part of Parcel Mr. Jacobsen presented a summary of Case 97S~0236 an~ s~ated that Mr. Barber has requested a thirty day deferral. Ne one come ~orward to mpeak in favor of o~ against the deferral. On motion of Mr. ~arber~ seconded by Mr. McHale, the Board deferred 97SN0236 until September 24, 1997. 97SN0243 In Matoa~a Magisterial District, TOMLEY L.C. requested commercial indoor and outdoor recreational facilitia~ in an Agrisul~nzal (A) District. The density o~ such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriat~ for mixed use corridor use and residential u~ of 2.~ units per acre or lees. This reques~ lies cn 50.1 acres fronting appr~ximmtaly ~40 f~t on ~he north line o~ Cosby Road~ approximately 706 feet west of the intersection o~ Cosby and Kull Street Roads. GPIN 716 ~71-119~ and ~1¢-~?~-9111 (Sheet ~he Planning Commission and s~aff recommend apprsval~ subject to cOnditiOns and acceptance of the proffered conditions. Mr. Andrew Scherzer~ representing th~ applicant, sta~ed the reoommenda~io~ is assep~able. There was no opposition On motion of Mr. Warren, seconded by Mrs, Kumphrey~ the Board Ueee ehsll be limi~sd to ~ke following: - a golf driving range a miniature golf course - bumper boats - a golf shop as an accessory use - practice golf - a ho~e run derby field - acssssory uses, buildings and structures not 0therwi~e ~rohibited, c~StOmarily accessory and incidental to 97 581 Zoning Ordinance and Development Standards Manual fe~ General Business (C $} Di~trlsts in Emerging Srowth Areas~ (NOTE: Where more restrictive, the development requirements for Agricultural (A) DisYricts Gulf d~iving range facilities shall be designed to preclude ball~ in play from entering public rights of way and adjacent properties. The desiqn shall preclude the use cf physical barriers along the public rights cf way and adjacent propertie~ other than decorative fencing or walls, topography and/or landscaping. A plan approval in conjunction with site plan review. (P} All outdoor equipment, cages, fencin~ and ne~ti~ shall be maintained in ~ood repair. A~ such ~ime that fa~ilitie~ ~hall cease to be open to the public for a period exceedin~ six (6) consecutive menths~ the owner/opsEator shall dismanble all outdoor equipment visible from public right~ of way and adjacent the exception of ~ecurity fencing, and ~hall remove such property. There shall be no attention g~ttin9 devices Ii.e.~ ~orillas, elephanLs, windmills, cr the like} visible from public rights of way or adjacent properties installed er maintained mn the proper~y. {P) The public water system shall be use{~ (NOTE: Acquisition of easements will be the responsibility of the owner/developer wi~h from th~ C~u~ty, ag necessary.) At such ti~e as the public wastewater system has been exten~e~ to within 750 feat o~ the silo such sanitary service can be provided by natural ~ravity flow, the owner/developer shall extend a wsstewater line ~tructures to the public wastewater system. (U} (NOTE: Acquisition of easements will be All impervious areas shall drain through a BMP facility. In conjunction wi~h site plan ~ubmi~ion, a fer~ili~tlon/pes~ managemsn~ plan shell be submitted to the Chesterfield County Extension Agent for approval. shall be implemented to ensure compliance with the approved plan. 8127/97 97-652 And~ further conditions: 1) 2) Prior 50 any sise plan approval, a seventy (701 fcct wide right-of-way for the North/South CollectOr through the request property shall be dedicated, tree and County. The right-cf-way ehalt be l~cat~d at the western ehall be approved by the Transportation Department. To provide an ad,quake roadway system at the ti~e of complete development, the Developer shall De responsible for the following~ A} Construction of addlV%enel pavement along Uhe wesEbound lanes cf Route 360 at the Cosby Road inter~ection to provide a right uuzn lane~ B) Construction of additional pavement along cesby Road st the approved access to ~rovide left and/or righ~ ~u~n lanes, if warranted~ based on Dedication to Chesterfield C©unty~ free and unrestricted, any additional right-of-way (or identitied above, Prior to a~y site plan approval, a phasing plan for the required road improvemente as identified in Proffered Condition 2, shall be submitted to and approved ~y the Transportation Department. Unanimous In Bermuda Magisterial Di~trlet~ KEA~N~?~ W. W~LL$ requested reaching and amendment of zoning district ~ap from kesidential (R-7} t~ ~eneral ~usin~9 (C 5). The density of suck will be controlled by zoning conditions or Ordinance standards. T~e Comprehensive Plan suggests the property is app~eprlete general Commercial use, This request lie~ on 0.1 acre known as 901! Jefferson Davis Highway. ~PIN 79~ 671 Part of Parcel 2943 ISheet 23)~ the Planning Commission and staff r~commend approval. He ~r. Jim Daniels, representing the applicant, stated Vote: Unanimous In Matoaca Magisterial District, ROSEATEATH PROPERTIE~ LLC requested Conditional Use ~n~ amendment of zoning district map to permi~ recreational facilities in a Residential District. R~rea~ion~l facilieies to serve ~he Sra~dy oaks Subdivision are planned. The density of ouch amendment will be controlled by zoning conditions or ©r~iua~ce ssandards. The cf Brandy Oaks Drive, GPI~ 7~9 656 Part of Parcel 151n (Sheet the Planning Commission and staff recommend approval, subject suggests the property i$ appropriate for residential usa on one to approve Case 97S~0251, subject to the following conditions: 1. With the exception o~ playground areas which accommodate swings, jungle gyms, or similar such facilities, all outdoor play fields, sourts~ swimming pools and similar active recreational areas shall be located a minimum of for residential use and a minimum o~ ~iity (50) feet from any proposed public road(si. Within these s~tbacks~ existing v~getation shall be sup~lemented~ designed ~o achieve the buffering standards cent~in~4 Section 19-522(a) (4) of the Development Standards Manual. 2. If outdoor play field~, courts, swimming pools and similar active recreational areas are set back more than one hundred {100] feet from adjacent properties zoned proposed public road{s), the landscaping or other design features described in Condition 1 may be modified by Planning Department at the time of site plan review. Such modi£1ca~ien shall accomplish s miti~atie~ ef tko visual and noise impacts that sports or related activitie~ have on adjacent propertfee equivalent to the one hundred (1D0) foot/fifty (SO) foot setback/landscaping requirements described in Condition ~. 'The one hundred {10O) foot setback dseuribed in the resulting increased visual and noise impacts uport~ or related ~¢tiviti~u have on ar~a residunce~ mitigated. Mitigation may be achieved through tko use of topography, fencing~ harming, walls and/or other devl~es and design %estates, as approved by the Planning jungle ~yms or similar such ~acilities] shall be located A forty (~0} foot buffer shall be provided along perimeter of these recreational facilities except where adjacent to any existins or proposed roads. This buffer Standards Nanual for fifty (50) foot buffers, Sections 19 5Xl and 19 522. S. There shall be no outside public address ~y~tem speakers. 8/27/97 97 minim~ze the impact of the access on ~dja~ent ~©ts. The s~a~ design and.treatment shall b~pprovad et the time of site plan review. (C-5) . ~ hotel is planned. Kowever, with approval of this line of 01d Sta~e Ro~d, also frontin~ approximately 252 feet West ~undred Road and loeate~ in the northeast quadrant ~f property is appropriase for li~k~ industrial use. recommendation is a¢ceptab4e. There was no oppositio~ approve C~Se 975N0~57 and accepted the followin~ conditions: Proffered conditions applicable to the northernmost portion of plu~ hotel use w~th accessory reEtaurant. request property~ as it frgnts on ~he ~ast side of Old plans for the widening o~ Route 10 IProjeet Nu~er 0010 unrestricted~ to and for ~ha benefit of chesterfield County. property to Route Read shall be ~imi~ed to one Il) entrance/exi~ located of this ac~e~ ~h~ll be ~pp~oved ~y the Transportation 5. Prior to the ig~uanc~ of an occupancy p~rmit, additional the approved access to provide left and/or right turn The Developer shall dedicate to Oh~s~er~iel~ County, free and unrestricted, any addihional riqht-of-way {or ea~em~nt~) require~ £er ~hesa improvemenss. ~he request property, GRIN BO~-g54-7S~7: 1. Uses shall be limited to Light Industrial (I-l) uses plus hotel use with accessor-f restaurant. Prior to any site plan approval, rigkt-of-way along the request property~ as it fronts on the north side of accordanc~ with the approved construction plans for the widening of Route I0 (Project Number 0010L020-15~, 9~ throuuh the property to the north vi5 an ingress/egress Unanimous 97SN0287 tn Matoeca Magisterial Di~trict~ JAME~ F. ~UBBARD requested rezoning end amendment of ~ening dis~rlct ~a~ ~rom Community Residential (K 1~} to A~rioultural (A) of 0.24 nora and fro~ COmmunity ~U$ineeS {C-1) to Agricultural (A) of 0.01 acre, plus amendment to previously ~ranted rezonin~s (cases 95SN~278 and 97SN0199) to allow redistribuLion o£ densities on ~rac~s zoned Residential (K 12). Th~ density of ~uch amsndmen~ will b~ con~rolled by zoning conditions ~r Ordinance standards. The Comprehensive 91an sug~t~ th~ property is appropriate for oommuniZy mixed us~ end residential use o~ 2.2 units per acre or less. This request lies on two (21 parcels of land for a total of 64.72 acres fronting in two I2] places on the we~t lln~ of ~inte~-po~k ~oad for a total of approximately 400 feet, also fronting approximately 950 feet on the west line ef Bsthia from ~cEnally ~oad. GRIN 721-669-Part of $405 and 722-670-Part oi 1991 (Dheet 20}. Mr. Jacobsen ~resensed a summary of Ca~e 97S~0287 an~ s~a~ed ~cceptans~ of 5he proffered couditions~ Me noted ~he raciest confer-ms to the UDDer Swift Creek Plan which suggest~ the request property is appropriate for residential use o~ 2.2 units per acre or less. Mr. Jim Eubbazd, r~pre~nting ~he applican~ sta~ed ~he recommendation i~ a~ceptable. There wa~ no Opposition present_ %o approve Case 97SN02~7 and accepted ~ke following proffered condition: A maximum of 542 singl~ family dwelling units shall be ~veloped on the Residential (R-12) portion of the property~ (NOTE; This condition supersedes Proffered C~ndition 18 In Midlothian ~a~isteriai. D%strict, A~EWLAMDCONCEPTS requested resonin~ and amendment of zoning district map from A~riculturel (A) to Corporate Office (0 2}. The density s~ such amendment will be controlled by zoning conditions or 0rd~nance standards. planned transition uss. This request lles on 6.1 acres known as 490 Ccal=ield ~oad. GPIN 727-705-7582 (Sheet 7}. the Planning Commission and s~a~f recommend approval and ¢Onfm~m$ to the Midlothian A_rsa Community Pl.an. Mr. $cherzsr, representing the a~Dlicant, s~ated the recommendation is acceptahl~. There was no opposition After brief discussion, on motion of Mr. Barber, seconded by Mr. Mc~le, the Bea~d approved Case 97SNQ22Q and accepted the following pro,fared conditions: 1) Th~ public water system shall be used. 2} With tko exception cf timbering to removs dasd or diseased trees which ham been approved by the Virginia State Departmen~ of Foreetry, there shall be ne tintberin~ until u land disturbance p~mit hae been obtained from the Environmental Engineering Department. Direct acuess ~o Coalfield road shall be limited to one ($) entrance/exit located a~ ~he southern Property line. This access shall be shared with adjacent properties as required by the Tr~ngp~rtntion Deparument. The exact location and d~si~n of this access shall be approved by the Transportation 4) Prior to issuance of an occupancy p~rmit for any additional development or r~development of the Property that would warrant 1=~ and/or right turn lanes based on Transportation Department standards~ the Developer construct additional pavement along Coalfield Road at the approved access to provide left and/or right turn lanes. The Developer shall dedicate to Chesterfield County, ~ree and unrestricted, ~ny a~4itimnal riph~ way (ct easements} required for these improvements. 5] NO additional development on the subject property shall be permitted beyond th= existing one story frame structure identified on the plan prepared by E. D_ Lewis sad Associates~ titled "proposed Cffioe for Dr_ James R. Taylor, Jr., Chiropractor" dated September 15, 1991, plus a maximum 1,000 gross square foot addition to that existing structure shall be permitted. A residential architectural etyle ehall b~ maintained ~or the existing structure an~ £or a~y additions. Additions shall have an architectural style similar to that of the existing (~OTE~ Thi~ condition will allow accessory improvements to accommodate the 1~000 ~uaru foot addition~ such as additional parking.) 6} existing parking arose ~nd any additional p~rkin~ areas shall be screened from view of ad~acen~ properties the north and south. Screeninq along the northern property bounda~ may be ~cco~plish~d wi~h ~he uss of landscaping and/er by use of fencing and/or walls~ as approved by the ~l~nning D~partment. Scr~mning along the southern property boundary may be accomplished with 7~ or by landscaping and/er the use of other fencing and/or walls es approve~ by the ~lanning Uses shall be limited to those uses permitted in the Corporate o~fice (o 2) DieErict, except thaZ the A} Any establishmen~ having a substantial or si~ificant portion of its practice performing abortions B} Nursery schools and child ~nd adult care C} Funeral homes D) Pediatric clinics and offices P) Sa~elliSe dishes over Zhree {3) ~eet in Upon written request by ute property owner of ~PIN 727- 705 5504~ the owner/developer ~hall design and install ~ culver~ to replace ~he culvert under the driveway serving the existing residence and which receives stormwater runoff from the request property. The design and installation of the new culvert shall be based on Chesterfield County Environmental Engineering criteria Vote: Unanimous 17. ADJO~ On motion of Mr. ~cEale, seconded by Mr. Barber, the Board adjourned a~ 12~2Q a.m. until September 10~ 1~97 at 4:00 p.m. LaS~ B. Ramsay County Administrator Arthur ~. Warren Chairmen 8/27/97