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09-24-1997 MinutesBOARD OF SUPERVISORS MINUTES September 24, 1997 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Mr. Craig Bryant, Dir., Utilities Ms. Marilyn Cole, Asst. County Administrator Ms. Nancy Carter Crump, Director, Museum Chief F. W. Dolezal, Fire Department Mr. William D. Dupler, Building Official Ms. Karla J. Gerner, Dir., Human Resource Management Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Ms. Tammy D. Haskins, Deputy Clerk to the Board Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Mr. R. John McCracken, Dir., Transportation Lt. Col. Dennis G. McDonald, Police Department Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Gary R. McLaren, Dir., Economic Development Mr. Steven L. Micas, County Attorney Mr. Paul D. Patten, Dir., Real Estate Assessor Mr. Francis M. Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin. Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Dr. Robert Wagenknecht, Dir., Libraries Mr. Warren called the regularly scheduled meeting to order at 4:10 p.m. 9/24/97 613 1. APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the minutes of September 10, 1997, as amended. Vote: Unanimous 2 . COUNTY ADMINISTRATOR' S COMMENTS Mr. Ramsey recognized Mr. Barber for recently being selected by the School of Education to receive the 1997 Alumni Start Award at the annual Founders Day celebration on November 7, 1997. He stated that the Award is about graduates of Virginia Commonwealth University who have distinguished themselves through a career, public service, and achievements in their careers. He congratulated Mr. Barber on this recognition. Mr. Hammer introduced Ms. Mary C. Payne, Executive Director of the Capital Area Agency on Agency, to update the Board on the Area Plan for Aging Services for Planning District 15. Ms. Payne stated that 1998 projected population for those 60 years of age and over is estimated at 30,700 and that in ten years, the County will have over 60,000 residents who are 60 years of age or over. She briefly reviewed the membership of the Capital Area Agency on Agency and then reviewed the Area Plan for Aging Services including an organizational chart of the Area Agency on Aging; program revenues and expenditures for FY96; and services provided by the Agency for FY96. She noted that over 600 volunteers assisted the Agency this past year in providing services to people. She requested the Board to refer any of their constituents to the Agency who may be in need of their services. Mr. Daniel stated that he spoke to a County civic group on September 16, 1997 with the topic of discussion being the changing face of Chesterfield County. He further stated that he feels the aging demographics has been overlooked. He stated that he feels government, specifically an urbanized government such as Chesterfield, will be able to deal with these aging statistics. He further stated that he feels a new level of challenge is now before the Board, which is how government can get more civic groups, churches, and other mobilized to deal with the aging issue. He further stated that he does not feel the County has had a true strategic thought process as to how the County will deal with this issue in the 21st Century. He stated that there are alarming statistics regarding the aging population in Chesterfield County. He further stated that he feels this government needs to address this issue within the next couple years and develop a strategic mobilization plan in dealing with the aging issue. There was brief discussion relative to transportation issues for the elderly. Mr. Warren expressed appreciation to Ms. Payne for their efforts and stated that the Board supports the Agency and their activities. 3. BOARD COMMITTEE REPORTS Mr. Barber stated that he will be attending a public input meeting held by the County's Transportation Department on September 30, 1997 regarding the Woolridge Road Extension at Midlothian Middle School. He further stated that he will also be attending Robious Elementary School's ribbon cutting ceremony of their new gym and cafeteria on September 30, 1997. He stated 9/24/97 97-614 that he will be attending the Midlothian Magnificent Food Festival on October 1, 1997, recognized the contributions by the Midlothian and Bon Air Rotary Clubs and other groups to this event, and invited everyone to attend. He further stated that he will be attending the ground breaking ceremony for the John Tyler Community College Northern Campus on October 6, 1997. He stated that his next "First Monday" meeting will be held October 6, 1997 with the topic of discussion being toll roads and transportation issues in the northern section of the County and that Mr. McCracken will be his guest speaker. He further stated that the Richmond Airshow will be held October 11-12, 1997 at the Richmond International Airport. He stated that he will be attending Midlothian Village Day on October 18, 1997. Mrs. Humphrey stated that she has visited several schools since the opening of school and noted the smooth transition of the reopening of school. She requested the Police Department to provide information to the Board regarding what role it took in the public safety plan across the grounds and the interior of school, which was initiated by Dr. Bosher. She noted that the issue of crcss-waiks and wooded areas around the school is currently an issue at Woodlake. She stated that she met with the Domestic Violence Task Force this afternoon and commended them on their efforts. She noted that the Police Department has received a grant and are issuing cameras to police officers to take pictures of domestic violence situations. She stated that four Board of Supervisor members took an Economic Development tour this afternoon across the County and other jurisdictions Mr. McHale passed on reports in order for the Board to get through its afternoon Agenda in order to attend a anniversary celebration at DuPont during dinner. Mr. Daniel concurred with Mr. McHale and stated that he would like for the Board to return to its general rules that Board members report onlY on its official committees and not on local issues. Mr. Warren stated that he attended the Grand Opening of Fire Station #16 on November 21, 1997 and noted the event was very well organized and attended. He then introduced Chief Dolezai to comment on the opening. Chief Dolezal stated that approximately 500 citizens attended the Grand Opening of Fire Station #16 and expressed appreciation to the Board for their continued support of the Fire Department. Mr. Warren recognized several employees from the Library who were present at the meeting to support a resolution that will be adopted by the Board this afternoon. He stated that his next constituents meeting will be held October 6, 1997 with ~he topic of discussion being the new LaPrade Library. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR C~ANGES IN THE ORDER OF PRESENTATION On motion of Mr. Barber, seconded by Mr. McHate, the Board added Item 10.D., Executive Session Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as Amended, For Consultation With Legal Counsel Regarding Legal Issues Relating to the Lake Evergreen Dam and the Decision in Jacobson v. BZA (East Coast Oil Corporation) to follow Item 10., Reports and replaced the Attachment to Item 8.B.l.h., Adoption of Resolution Requesting VirginJ. a Department of Transportation to Install a Traffic Signal at the New LaPrade Library During the Widening of Route 360 and, adopted the agenda, as amended. Vote: Unanimous 9/24/97 97-615 RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING CHESTERFIELD COUNTY UPON ITS 250TH BIRTHDAY Mr. Harris introduced Ms. Nancy Carter Crump, Mr. T. Palmer Condrey, and Mr. Horace "Pete" Mann, III, who were present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County was established by the Burgesses of the General Assembly on May 25, 1749; and WHEREAS, Chesterfield County is steeped in history and has tremendous pride in its past; and WHEREAS, as the site of the second permanent English settlement in the New World in 1611 and home to Pocahontas, our County has been the key in the birth of our nation; and WHEREAS, Chesterfield County has seen many firsts in the United States including the first scientific cultivation of tobacco; Bermuda Hundred Incorporated as the first town; the first iron furnace in the New World at Falling Creek; the first American Hospital near Dutch Gap; the first commercially minded coal produced; the first paved road in the State; the first commercial tramway; the first school for the deaf; the first railroad; the origination of Father's Day; and the establishment of Dutch Gap Conservation Area as the first conservation area operated by a county in Virginia, and possibly the nation; and WHEREAS, Chesterfield County was the site of Civil War battles during our nation's internal struggle over its future. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the County's 250th Birthday beginning May 25, 1999; authorizes and endorses a celebration of Chesterfield County's 250th Birthday beginning May 25, 1999 and continuing through the remainder of 1999; and urges all residents to join in the observance by linking special events during that period to the County's history and 250th Birthday. Vote: Unanimous Mr. Warren and Mrs. Humphrey presented the executed resolution to Ms. Crump, Mr. Condrey, and Mr. Mann, acknowledged the great accomplishments of Chesterfield, recognized Chesterfield upon its 250th Birthday, and stated that they look forward to begin celebrating and planning events around the County in recognition of its Birthday. Ms. Crump expressed appreciation ifor the recognition. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 97-616 9~24~97 8. NEW BUSINESS 8.A. APPOINTMENTS 0 APPOMATTOX BASIN INDUSTRIAL DEVELOPMENT CORPORATION On motion of Mr. McHale, seconded by Mr. Daniel, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Appomattox Basin Industrial Development Corporation. Vote: Unanimous On motion of Mr. McHale, seconded by Mr. Daniel, the Board simultaneously nominated/reappointed Mr. J. L. McHale, III, local government representative, and Mr. Jim Daniels and Mr. Gary Thomson, representing Chesterfield County at-large, to serve on the Appomattox Basin Industrial Development Corporation, whose terms are effective October 1, 1997 and will expire September 30, 1998. Vote: Unanimous 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. MODIFYING AND UPDATING THE EMERGENCY OPERATIONS PLAN On motion of Mr. McHale, seconded by' Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, there exist dangers of many types including man- made disasters, natural disasters, and possible hostile actions of an unknown enemy; and WHEREAS, the safety and protection of our citizens and property are of foremost concern to the Board of Supervisors of Chesterfield County; and WHEREAS, the Board of Supervisors desire, and the Commonwealth of Virginia and Federal Government require, the adoption of appropriate planned protective measures. NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of the County of Chesterfield this 24th day of September, 1997 that it hereby adopts the Chesterfield County Emergency Operations Plan with annexes as written as the necessary basic plan for County emergency services. Vote: Unanimous 8.B.l.b. RECOGNIZING MR. JO~N W. CONDREY, POLICE DEPARTMENT, UPON ~IS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Mr. John W. Condrey will retire from the Chesterfield County Police Department on October 1, 1997; and WHEREAS, Mr. Condrey has provided twenty-four years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Condrey has faithfully served the County in the capacity of Firefighter and Patrol Officer; and 9/24/97 97-617 WHEREAS, Mr. Condrey has ensured the safety and well-being of the citizens of Chesterfield County in the performance of his duties; and WHEREAS, Mr. Condrey has served as a member of the Escort Unit for many years and has represented the Police Department in an excellent fashion; and WHEREAS, Mr. Condrey has received various letters of commendation for the fine police work he has done; and WHEREAS, Mr. Condrey has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, the Board of Supervisors and Chesterfield County will miss Mr. Condrey's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes Mr. John W. Condrey and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Condrey and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous 8.B.l.c. RECOGNIZING E.I. DUPONT UPON THEIR 50TH ANNIVERSARY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the DuPont James River Plant is celebrating their 50th Anniversary in Chesterfield County; and WHEREAS, the "Best Little Plant in DuPont", located along the James River near Bellwood, employees only twenty-two people -- they have an impact on almost every person in the region and beyond through the products that they manufacture; and WHEREAS, the James River Plant manufactures sulfuric acid that is used in the spinning of Kevlar fiber at the Spruance Plant as well as in pharmaceutical, paper, soap, and water treatment industries in the Richmond metropolitan region; and WHEREAS, diluted acid at the Spruance Plant is recaptured and returned to the James River Plant where it is processed to create two other useful products: Gypsum and carbon dioxide -- carbon dioxide is sold to the soft drink industry to make the "fizz" in carbonated soda and the gypsum is sold as a soil additive to the agricultural industry, particularly Virginia's peanut farms as well as to the construction industry as a cement additive; and WHEREAS, molten sulfur is processed into acid for use in Kevlar manufacturing used in products to protect our police officers; and WHEREAS, as little as it is, the James River Plant has a significant impact in the DuPont manufacturing family -- from putting the fizz in soda to making Virginia peanuts grow and protecting our police officers; and 9/24/97 97-618 WHEREAS, the James River Plant is important to DuPont, Chesterfield County, and Virginia. NOW, THEREFORE BE IT RESOLVED, that ~'hechesterfield County Board of Supervisors hereby congratulates the DuPont James River Plant on its 50th Anniversary and, on behalf of the citizens of Chesterfield County, recognizes the contributions made by the Plant. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to the James River Plant and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous 8.B.l.d. RECOGNIZING OCTOBER 8, 1997 AS "SAVE TODAY FOR TOMORROW" IN CHESTERFIELD COUNTY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, violence is among the leading causes of death in America and has replaced disease as the number one killer of children; and WHEREAS, domestic violence has devastating effects on a woman's physical and emotional well-being and her ability to care for her children; and WHEREAS, violence comes in many forms -- sexual violence, gang and peer-related violence, violence committed by youth of all ages; family violence; street violence; and violence in the media; WHEREAS, billions of dollars per year are attributable to preventable violence-related deaths and injuries and add a tremendous burden to America's health care system; and WHEREAS, the first step toward unraveling the many layers of our nation's violence problems can begin with awareness; and WHEREAS, awareness and prevention are the heart of the SAVE Program and its cornerstone event, SAVE Today for Tomorrow, during which physician's spouses across the country will join efforts to step America's violence everywhere; and WHEREAS, members of the Richmond Academy of Medicine Auxiliary will lead the effort to urge local citizens to search for ways we can all help SAVE Today for Tomorrow. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes October 8, 1997 as "SAVE Today for Tomorrow" in Chesterfield County. Vote: Unanimous 8.B.l.e. RECOGNIZING OCTOBER 16, 1997 AS "CHILDHOOD HIINGER DAY" On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, more than twelve million children live in families who are affected by hunger or the risk of hunger; and 9/24/97 97-619 WHEREAS, hunger is a frequent occurrence among many low income families and endangers one of our most valuable resources -- our children; and WHEREAS, because of changes in funding for programs, helping to provide food and nutrition, a greater responsibility is placed on private sector food service programs such as soup kitchens and food banks which help meet emergency good needs; and WHEREAS, our local chefs, recognized as the authority on food in our region, are involved in ending the problem of childhood hunger through their Chi]_dhood Hunger Day efforts; and WHEREAS, children in our local neighborhoods hold the key to the County's future; and WHEREAS, Chesterfield County is recognized as a leader in the fight against childhood hunger. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes October 16, 1997 as "Childhood Hunger Day". Vote: Unanimous 8.B.l.f. RECOGNIZING MR. CHRISTOPHER V. HUGHES, TROOP 829, UPON ATTAINING RANK OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Boy Scouts 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 training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Christopher V. Hughes, Troop 829, sponsored by Saint Matthias Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Christopher is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Christopher V. Hughes and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Vote: Unanimous 97-620 8.B.l.g. RECOGNIZING MR. BABAK M.P. ALERASSOOL, TROOP 178, UPON ATTAINING ~ OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Boy Scouts 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 training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Babak M. P. Alerassool, Troop 178, sponsored by Ivey Memorial United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Babak is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Babak M. P. Alerassool and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Vote: Unanimous 8.B.l.h. REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC SIGNAL AT THE NEW LAPRADE LIBRARY DURING THE WIDENING OF ROUTE 360 Mr. Warren noted that the Board received an amendment to this item, therefore, the Item should now read "Requesting the Virginia Department of Transportation to Install a Traffic Signal at the New LaPrade Library During the Widening of Route 360." On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors has received requests from citizens to install a traffic signal on Route 360 at the new LaPrade Library. NOW, THEREFORE BE IT RESOLVED, that the Virginia Department of Transportation is requested to install a traffic signal at the new LaPrade Library during the widening of Route 360. Vote: Unanimous 9/24/97 97-621 8.B.2. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO ENTER INTO A LEASE AGREEMENT WITH COMMONWEALTH II CORPORATION FOR USE OF THE COALFIELD SOCCER COMPLEX On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to enter into a lease agreement, in the amount of $6,000 for quarterly rental payments, with Commonwealth II Corporation for use of the Coalfield Soccer Complex from January 1, 1998 through December 31, 1998. Vote: Unanimous 8.B.3. APPROPRIATION OF FUNDS TO PROVIDE WATER SERVICE TO POCAHONTAS STATE PARK On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $23,775, from the State Department of Conservation and Recreation, for a previously approved agreement for County assistance, to provide water service to Pocahontas State Park. Vote: Unanimous 8.B.4. AUTHORIZATION FOR CO UNTYADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE RICHMOND REGIONAL PLANNING DISTRICT COMMISSION FOR UTILIZATION OF PASS-THROUGH PLANDSTATE FUNDS, APPROPRIATION OF STATE REIMBURSEMENTS, AND TRANSFER OF FUNDS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to enter into a Pass-Through PL and State Funds agreement with the Richmond Regional Planning District Commission (RRPDC), acceptable to the County Attorney; appropriate $54,000 of anticipated PL and State reimbursements for the transportation model update; and transfer $5,000 from the Transportation Department Operating Budget and $1,000 from completed road projects for the local match. Vote: Unanimous 8.B.6. APPROVAL OF CHANGE ORDER NUMBER FOUR FOR THE LITTLE TOMAHAWK CREEK SANITARY SEWER EXTENSION PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Change Order Number Four, for an increase of $63,017.50, for the Little Tomahawk Creek Sanitary Sewer Extension Project and authorized the County Administrator to execute the necessary documents. Vote: Unanimous 8.B.7. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Meadow Creek, Section B, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Meadow Creek, Section B, Dale District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and 97-622 9/24/97 Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mrs. Humphrey, it is resolved that the roads in Meadow Creek, Section B, Dale District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Clearview Drive Length: 0.05 mile From: Cul-de-sac, 0.12 mile southwest of Oregon Creek Drive To: End of existing Clearview Drive, 0.07 mile southwest of Oregon Creek Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Clearview Court Length: 0.04 mile From: Cul-de-sac, 0.04 mile southeast of Clearview Drive To: Clearview Drive, 0.07 mile southwest of Oregon Creek Drive Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 18 lots. This section of Meadow Creek is recorded as follows: Section B, Plat Book 85, Pages 45 and 46, September 2, 1994. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Ashbrook, Section 6, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Ashbrook, Section 6, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mrs. Humphrey, it is resolved that the roads in Ashbrook, Section 6, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: 97-623 9/24/97 Name of Street: Shady Banks Drive Length: 0.27 mile From: Featherchase Drive, 0.28 mile south of Shady Banks Road, State Route 4213 To: Existing Shady Banks Drive, State Route 4209, 0.01 mile south of Shady Banks Road, State Route 4213 Guaranteed Right-of-Way Width: 70 feet. Name of Street: Featherchase Place Length: 0.11 mile From: Featherchase Drive, 0.03 mile east of Shady Banks Drive To: Cul-de-sac, 0.11 mile northeast of Featherchase Drive Guaranteed Right-of-Way Width: 40 feet. Name of Street: Featherchase Drive Length: 0.13 mile From: Cul-de-sac, 0.13 mile northeast of Shady Banks Drive To: End of section limits at Shady Banks Drive Guaranteed Right-of-Way Width: 40 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 33 lots. This section of Ashbrook is recorded as follows: Section 6, Plat Book 87, Pages 91 and 92, May 4, 1995. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Rosemont, Section C, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Rosemont, Section C, Midlothian District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mrs. Humphrey, it is resolved that the roads in Rosemont, Section C, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Broughton Road Length: 0.10 mile From: Hartlepool Lane, 0.14 mile west of Whitecastle Drive, State Route 5144 To: Existing Broughton Road, State Route 5145, 0.04 mile west of Whitecastle Drive, State Route 5144 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Hartlepool Lane Length: 0.30 mile From: Cul-de-sac, 0.12 mile north of Broughton Road To: Lastingham Drive, 0.18 mile south of Broughton Road Guaranteed Right-of-Way Width: 50 feet. 9/24/97 97-624 Name of Street: Lastingham Drive Length: 0.05 mile From: End of road, 0.04 mile northwest of Hartlepool Lane To: End of road, 0.01 mile southwest of Hartlepool Lane Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 26 lots. This section of Rosemont is recorded as follows: Section C, Plat Book 83, Pages 41 and 42, January 31, 1994. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Salisbury Michaux, Section D, Midlothian District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Salisbury Michaux, Section D, Midlothian District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mrs. Humphrey, it is resolved that the roads in Salisbury Michaux, Section D, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Gildenborough Drive Length: 0.32 mile From: Existing Gildenborough Drive, State Route 3906, 0.05 mile east of Domfont Court, State Route 3908 To: Gildenborough Court, 0.37 mile east of existing Gildenborough Drive, State Route 3906 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Gildenborough Court Length: 0.21 mile From: Cul-de-sac, 0.10 mile south of Gildenborough Drive To: Chepstow Road, State Route 1338, 0.11 mile north of Gildenborough Drive Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 32 lots. This section of Salisbury Michaux is recorded as follows: Section D, Plat Book 86, Pages 71, 72, and 73, January 6, 1995. Vote: Unanimous 9/24/97 97-625 8.B.8. REQUESTS FOR PERMISSION 8.B.8.a. FROM A. KYLE BLANKENSHIP, JR. AND SANDRA H. BLANKENSHIP TO HAVE A PRIVATE WATER SERVICE ENCROACH EIGHT FOOT INTO A SIXTEEN FOOT SEWER EASEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from A. Kyle Blankenship, Jr. and Sandra H. Blankenship to have a private water service encroach eight foot into a sixteen foot sewer easement~ subject to the execution of a license agreement. (It is noted that a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanimous 8.B.8.b. FROM WAYNE R. KIDD TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN AN UNIMPROVED RIGHT-OF-WAY KNOWN AS PARKERS BATTERY ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Wayne R. Kidd to construct a gravel driveway within an unimproved right-of-way known as Parkers Battery Road, subject to the execution of a license agreement. (It is noted that a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanimous 8.B.9. ACCEPTANCE OF A PARCELS OF LAND 8.B.9.a. ADJOINING THE NORTH RIGHT-OF-WAY LINE OF PARKERS BATTERY ROAD FROM WAYNE R. KIDD AND KIMBERLY R. KIDD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing .145 acres adjoining the north right-of-way line of Parkers Battery Road from Wayne R. Kidd and Kimberly R. Kidd and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 8.B.9.b. ADJOINING THE NORTH RIGHT-OF-WAY LINE OF COURTHOUSE ROAD FROM SOUTHSIDE CHURCH OF THE NAZARENE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.4018 acres adjoining the north right-of-way line of Courthouse Road (State Route 604) from Southside Church of the Nazarene and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 8.B.10. REQUEST TO QUITCLAIM A DRAINAGE EASEMENT ACROSS RIVER'S BEND DEVELOPMENT COMPANY, L.P. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a drainage easement across River's Bend Development Company, L.P., a Virginia limited partnership. (It is noted a copy of the plat 9/24/97 97-626 is filed with the papers of this Board.) Vote: Unanimous 8.B.11. CONVEYANCE OF EASEMENT TO BELL ATLANTIC-VIRGINIA, INCORPORATED TO INSTALL BURIED CABLE WITHIN A FIFTEEN FOOT EASEMENT ALONG JAMES RIVER ROAD TO SERVE RIVERTON SUBDIVISION, SECTION C On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated. to install buried cable within a fifteen foot easement along James River Road to serve Riverton Subdivision, Section C. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanimous 8.B.12. SET DATE FOR PUBLIC HEARINGS 8.B.12.a. TO CONSIDER THE FY99 THROUGH FY04 SECONDARY ROAD SIX YEAR IMPROVEMENT PLAN AND FY99 SECONDARY ROAD IMPROVEMENT BUDGET On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of October 8, 1997 at 7:00 p.m. for a public hearing to consider the FY99 through FY04 Secondary Road Six Year Improvement Plan and FY99 Secondary Road Improvement Budget. Vote: Unanimous 8.B.12.b. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 2-91.1 RELATING TO UNCLAIMED PERSONAL PROPERTY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of November 12, 1997 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by adding Section 2-91.1 relating to unclaimed personal property. Vote: Unanimous 8.B.13. AMENDMENT TO BOARD MINUTES OF AUGUST 27, 1997 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board amended the August 27, 1997 Board minutes as follows: FROM: " AN ORDINANCE whereby the CO[/NTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to KAY ANN HALL, ("GRANTEE"), a portion of a variable width easement across Lot 1, Block H, Huntingcreek Hills Subdivision, Section B, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 30, at Pages 54, 55 and 56. WHEREAS, KAY ANN HALL, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a variable width easement across Lot 1, Block H, Huntingcreek Hills Subdivision, Section B, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat 9124197 97-627 of record in the Clerk's Office of the Circuit Court of said County in Plat Book 30, Pages 54, 55 and 56, by J. K. TIMMONS & ASSOCIATES, INC., dated DECEMBER 21, 1977. The easement petitioned to be vacated is more fully described as follows: A portion of a variable width easement, across Lot 1, Block H, Huntingcreek Hills Subdivision, Section B, the location of which is more fully shown on a plat made by VIRGINIA SURVEYS, dated JUNE 19, 1997, and recorded JUNE 27, 1997, a copy of which is attached hereto and made a part of 'this Ordinance. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the easement sought to be vacated. NOW, THEREFORE, BE IT ORDAINED BY SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: THE BOARD OF That pursuant to Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the easement hereby vacated in the property owner of Lot 1, Block H, within Huntingcreek Hills Subdivision, Section B free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and KAY ANN HALL, or their successors in title, as GRANTEE. Vote: Unanimous" TO: " AN ORDINAIqCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JAMES F. LOTT and KIMBERLY A. LOTT, (husband and wife), ("GRANTEE"), a portion of a variable width easement across Lot 1, Block H, Huntingcreek Hills Subdivision, Section B, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 30, at Pages 54, 55 and 56. WHEREAS, JAMES F. LOTT and KIMBERLY A. LOTT, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a variable width easement across Lot 1, Block H, Huntingcreek Hills Subdivision, Section B, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 30, Pages 54, 55 and 56, by J. K. TIMMONS & ASSOCIATES, INC., dated DECEMBER 21, 1977. The easement petitioned to be vacated is more fully described as follows: 97-628 9/24/97 A portion of a variable width easement, across Lot 1, Block H, Huntingcreek Hills Subdivision, Section B, the location of which is more fully shown on a plat made by VIRGINIA SURVEYS, dated JUNE 19, 1997, and recorded JUNE 27, 1997, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the easement sought to be vacated. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the easement hereby vacated in the property owner of Lot 1, Block H, within Huntingcreek Hills Subdivision, Section B free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JAMES F. LOTT and KIMBERLY A. LOTT, or their successors in title, as GRANTEE. Vote: Unanimous" Vote: Unanimous 8.B.14. APPROVAL OF SEWER CONTRACT FOR 5610 BEULAH ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a sewer contract for 5610 Beulah Road - Contract Number 96-0262, as follows, which project includes an off-site extension of 163 L.F. of eight inch wastewater lines and authorized the County Administrator to execute any necessary documents: Developer: Contractor: Contract Amount: Estimated Total - Total Estimated County Cost Sewer (Off-Site) (Refund thru connections) Estimated Developer Cost Code: (Refund thru connections) (Off-site) - District: Bermuda Gloria B. Bland Mayton Construction, Incorporated $12,395.00 $ 805.75 $11,589.25 5N-572V0-E4D Vote: Unanimous 9/2 /97 97-629 8.B.15. 8.B.15.a. TRANSFER OF THREE CENT ROAD FUNDS CLOVER HILL, MATOACA, BERMUDA, DALE, AND MIDLOTHIAN DISTRICTS TO PURCHASE SCORE CLOCKS AND BLEACHERS FOR NEW SCHOOL GYMS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $3,000 from the Clover Hill, Matoaca, Bermuda, Dale, and Midlothian Districts (totalling $15,000) to the Parks and Recreation Department to purchase score clocks and bleachers at five new County elementary gyms and appropriated contributions totalling $10,000 from the Chesterfield Basketball League and the Chesterfield Girls Basketball League ($5,000 from each League). Vote: Unanimous 8.B.15.b. BERMUDA DISTRICT FOR REPAINTING THE WATER TOWER AT THOMAS DALE HIGH SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $2,900 from the Bermuda District Three Cent Road Fund to the School Board to assist in the cost of repainting the water tower at Thomas Dale High School. Vote: Unanimous 8.B.15.c. DALE DISTRICT TO ASSIST IN THE CONSTRUCTION OF FOOTBALL LIGHTS AT SALEM CHURCH MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $3,000 from the Dale District Three Cent Road Fund to the Parks and Recreation Department to assist Salem Church Athletic Association in the construction of football lights at Salem Church Middle School. Vote: Unanimous 8.B.15.d. DALE DISTRICT FOR REPAINTING THE TRAFFIC PATTERN LINES AT SAFETY TOWN On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $1,500 from the Dale District Three Cent Road Fund to the Police Department to cover the cost of repainting the traffic pattern lines at Safety Town. Vote: Unanimous 8.B.15.e. MIDLOTHIAN DISTRICT FOR INSTALLATION OF ADDITIONAL LIGHTING IN THE COMMUNITY POLICING MEETING ROOM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $750 from the Midlothian District Three Cent Road Fund to the Police Department for installation of additional lighting in the community policing room at Chesterfield Town Center. Vote: Unanimous Mr. Ramsey requested the Board to hold Item 8.B.5., Award of Contract to G. V. Layne for Lake Evergreen Dam Restoration and Appropriation of Funds until after the Executive Session. 97-630 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on U~hedUled Matters or Claims. 10. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; Lease Purchases; and School Board Agenda. And, further, the Board accepted the following roads into the State Secondary System: ADDITIONS LENGTH ARROWHEAD, SECTION 5 - (Effective 8/21/97) Route 2769 (Claybar Trail) - From 0.10 mile East Route 1487 to 0.14 mile East Route 1487 0.04 Mi Vote: Unanimous 10.D. EXECUTIVE SESSION PURSUANT TO SECTION 2.1-344A.7., CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING LEGAL ISSUES RELATING TO THE LAKE EVERGREEN DAM AND THE DECISION IN JACOBSON V. BZA (EAST COAST OIL CORPORATION) On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board went into Executive Session pursuant to Section 2.1-3~4A.7., Code of Virqinia, 1950, as amended, for consultation with legal counsel regarding legal issues relating to the Lake Evergreen Dam and the decision in Jacobson v. BZA (East Coast Oil Corporation). Vote: Unanimous Reconvening: On motion of Mr. McHale, seconded by M~. Barber, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Executive Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies, and 9/24/97 97-631 ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Daniel: Aye. Mr. Barber: Aye. Mrs. Humphrey: Aye. Mr. Warren: Aye. 8.B.5. AWARD OF CONTRACT TO G. V. LAYNE FOR LAKE EVERGREEN DAM RESTORATION AND APPROPRIATION OF FUNDS Mr. Ramsey stated that staff recommends deferral of awarding a contract to G. V. Layne for Lake Evergreen Dam Restoration and appropriation of funds until October 22, 1997. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board deferred consideration of awarding a contract with G. V. Layne for Lake Evergreen Dam Restoration and appropriation of funds until October 22, 1997. Vote: Unanimous 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to dinner at E.I. DuPont's James River Plant to attend their 50th Anniversary Celebration. Vote: Unanimous Reconvening: 12. INVOCATION Reverend Billy Souther, gave the invocation. Pastor of Southside Baptist Church, 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA John Cogbill, Esquire led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS Mr. Souther stated that during the past ten years in which he has resided in Chesterfield, he and others have watched, with great admiration and appreciation, the work of the Board of Supervisors. He further stated that the Board always recognizes the work and accomplishments of business, industry, education, and of the religious community. He stated that he and other pastors recently discussed some of the things the Board does for the religious institutions of the County including presenting plaques of resolutions recognizing the work of the Police Chaplains Program; issuing ministers with invitations to always open Board proceedings with prayers; 9/24/97 97-632 issuing invitations to participate in discussion and debate on critical issues in the County; recognizing County churches as they sponsor scout Programs; recognizing,Eagle Scouts with resolutions; recognizing local Churches ~nd their anniversary and special events; supporting denominational events and activities; giving resolutions of appreciation and recognition to many local pastors; giving assistance in Church building and expansion programs; supporting major religious activities in the County; attending and participated in worship services; and honoring pastors and church members on significant achievements. He further stated than he, along with fifty County pastors, have joined together in expressing their gratitude to the Board for what they have done and who they are. He then introduced Reverend Gerald Glen, a police Chaplain and fellow pastor, who assisted him in presenting each of the Board of Supervisors and Mr. Ramsey with a plaque, expressing sincere gratitude and appreciation for their continuous support and encouragement to the pastors and members of the churches in Chesterfield County, Virginia. Mr. Daniel expressed deep appreciation for this recognition and stated that it is people such as this who are constantly extending their ministry to touch everyone in the County and region. He expressed appreciation to Reverend Souther and the religious community for all they have given to this community. 15. PUBLIC HEARINGS 15.A. TO CONSIDER MODIFYING THE EXISTING PROHIBITION OF THROUGH TRUCK TRAFFIC ON BUFORD ROAD BY PROHIBITING THROUGH TRUCK TRAFFIC ON SECTIONS OF BUFORD ROAD, LARKSPUR ROAD, ROCKCREST ROAD, AND ROCKAWAY ROAD Mr. Stith stated that this date and time has been advertised for a public hearing to consider modifying the existing prohibition of through truck traffic on Buford Road by prohibiting through truck traffic on sections of Buford Road, Larkspur Road, Rockcrest Road, and Rockaway Road. Mr. Ottis Patten, a resident of Hiiton Park Subdivision, requested that the Board to not unjustly support any additional restrictions on trucks from using County roads. He expressed concerns relative to the justification in supporting this issue. He stated that he feels truckers should be allowed to use all County roads and that he feels truckers using all roads is a basic right. He further stated he feels it is unfair to restrict trucks from using certain County roads and that they provide necessary services to the County. He stated that truckers use these roads because there is less congestion, which he feels causes less accidents. Mr. George Beadles expressed concerns relative to snow removal trucks being allowed on these roads, but other trucks not being allowed. He stated that the Commonwealth Transportation Board, not the Board of Supervisors are the final authority as it relates to this issue. He further stated that he feels if the County had better design of roads, there would not be cut- through traffic. There being no one else to address this ordinance, the public hearing was closed. Mr. Warren requested staff to submit a map to each Board member showing all County restricted roads. He stated that he feels there is a tendency to address these types of issues on a piecemeal basis if the entire picture is not looked at. He further stated that he will support this issue, however, the Board could be creating a situation where trucks are too limited in reaching their destinations. 9/24197 97-633 Mr. Barber stated that in 1983, through truck traffic was prohibited on Buford Road, in which there is a perpendicular intersection where Jahnke Road meets Buford Road. He further stated that any truck which comes from Jahnke Road onto Buford is not violating the through truck restriction because it is not traveling the full course of Buford Road. He stated that many trucks are now getting off on parts of Buford and onto some of the very small side streets. He further stated that the issue before the Board at this time, is a restriction on those very small side streets. He stated that this issue is not addressing through truck prohibition on Buford Road, but truck traffic on three small, narrow, and dangerous roads. He further stated that citizens wanted some of these roads closed in order to eliminate traffic cutting through in its entirety. He stated that he feels this action reasonably addresses the concerns of citizens regarding these three roads as well as restripping and putting up caution signs. Mr. Barber then made a motion, seconded by Mr. Daniel, for the Board to adopt a resolution modifying the existing prohibition of through truck traffic on Buford Road by prohibiting through truck traffic on Sections of Buford Road, Larkspur Road, Rockcrest Road, and Rockaway Road. Mr. Daniel stated that in all through truck traffic issues in which he has dealt with, there has always been a rationale to support the restriction. He further stated that he always ensures that trucks are able to reach their destination. He stated that the better part of judgement sometimes is to close some of these cut-through roads located in residential areas and high intensity use and to have the trucks use the County major parkways and thoroughfares. He further stated that he feels the issue before the Board at this time is appropriate. Mr. Warren called for the vote on the motion made by Mr. Barber, seconded by Mr. Daniel, for the Board to adopt the following resolution: WHEREAS, the Commonwealth Transportation Board approved, in July 1983, a through truck traffic restriction on Buford Road from Midlothian Turnpike to Forest Hill Avenue; and WHEREAS, the Chesterfield County Board of Supervisors has received complaints from citizens indicating that through trucks continue to use sections of Buford Road to travel through the area; and WHEREAS, the existing through truck traffic restriction on Buford Road is ineffective in removing truck traffic from the area and is difficult to enforce; and WHEREAS, the Chesterfield County Board of Supervisors has identified, on the attached location map, that alternate routes exist; and WHEREAS, the Board has conducted a public hearing on modifying the existing prohibition. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors requests the Virginia Department of Transportation to modify the existing prohibition of through truck traffic on Buford Road by prohibiting through truck traffic on sections of Buford Road, Larkspur Road, Rockcrest Road, and Rockaway Road. Vote: Unanimous 97-634 9/24/97 15.B. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING CHAPTER 10, SECTIONS 10'1, 10-3, 10-4, 10-5, 10-6, 10'22 AND 10-33 RELATING TO FIRE PROTECTION AND SMOKE DETECTORS Fire Marshal Creasy stated that this date and time has been advertised for a public hearing to consider an ordinance relating to fire protection and smoke detectors. No one came forward to speak in favor of or against this ordinance. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING CHAPTER 10, SECTIONS 10-1, 10-3, 10-4, 10-5, 10-6, 10-22 AND 10-33 RELATING TO FIRE PROTECTION AND SMOKE DETECTORS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 10 of the Code of the County of Chesterfield, 1997, as amended, is amended and reenacted to read as follows: Sec. 10-1. Fire prevention code--Adopted. 1. The county shall enforce the Virginia Statewide Fire Prevention Code promulgated by the Board of housing and Community Development of the Commonwealth pursuant to Code of Virginia, section 27-98. The provisions of the Virginia Statewide Fire Prevention Code and chapter 10 of this Code shall be enforced by the chief of the county fire department, or his duly authorized representative, hereafter referred to as the "fire official" or "code official" o o o Sec. 10-3. Same--Amendments, additions and deletions. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, section 27-97, in the following respects: Chapter 1. Administration and Enforcement F-114.0. Reportinq. -114.0 Add the foreqoinq title for section F F-114.1. Incident Reporting. Add subsection F-114.1. as follows: The owner, manager or person in control of any building, structure or premise subject to inspection under this code shall immediately inform the code official as soon as a fire, explosion, or evidence of either is discovered, even if it has apparently been extinguished. This requirement shall not be construed to forbid the owner, manager or person in control of said property from using all diligence necessary to extinguish a fire prior to the arrival of the fire department. F-106.4.1. Inspection by Owner or Owner's Agent. subsection F-106.4.1 as follows: Add The code official may require the owner or owner's agent to inspect the owner's property or equipment in accordance with guidelines approved by the code official. 9/24/97 97-635 F-106.9. Plans Review and Certificate of Occupancy. Add subsection F-106.9 as follows: The code official shall assist the building official in the review of construction plans for compliance with the fire protection provisions of the Virginia Uniform Statewide Building Code for all structures and/or facilities, except detached one-and two-family dwellings, prior to the issuance of a building permit. Furthermore, the code official shall assist the building official in performing inspections of new systems and structures prior to the issuance of the certificate of occupancy. F-106.10 Fire Hydrants. Add subsection F-106.10 as follows: During the site and/or construction plans review process for construction or change in use of any building or structure, the code official shall have the authority to require the installation of fire hydrants as he deems necessary to have water available for fire fighting purposes prior to the use of combustible materials in construction being commenced on any floor above the first or ground floor level. Such hydrants shall be accessible to fire fighting apparatus at the time they are installed and at all times thereafter. The code official will determine the need for fire hydrants based on the use and size of the structure involved and the availability of water in the area of the property. The number of fire hydrants, their placement and the desired flow shall be determined by regulations established from nationally recognized standards. F-106.11 Authority to Take Photographs. Add subsection F-106.11 as follows: The code official or his duly authorized representative is authorized to make sketches and take photographs to document conditions he observes that he believes are violations of the provisions of this code. Subsequent to a fire, explosion, or other emergency, photographs may be taken as are necessary to adequately depict the conditions of the property for the purpose of investigation. No person shall prevent the code official from making sketches or taking photographs. F-112.2 Failure to Correct Violations. substitute F-112.2 as follows: Delete and If the notice of violation is not complied with within the time specified by the code official, the code official may issue a summons for the violation of the code. The code official may also request the county attorney to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant to the code. 112.3 Penalties. Delete and substitute Sec. 10-6 of the Chesterfield County Code. Chapter 2. Definitions F-202.0 General Definitions. Add the definitions: following o o o Chapter 3. Precautions Against Fire F-309.2.2. Documentation. Add subsection F-309.2.2 as follows: 97-636 9/24/97 When a commercial kitchen exhaust hood system cleaning service is used, a certificate showing the date of inspection or cleaning shall be maintained on the premises. Areas of the hood and/or duct not cleaned shall be noted. o o o F-309.3.1. Operation. Add subsection F-309.3.1 as follows: Commercial kitchen exhaust systems shall be functioning at all times while cooking appliances are in operation. Cooking appliances which require a commercial kitchen exhaust hood system shall not be operated while the fire suppression system or kitchen exhaust system is non-operational or otherwise impaired. F-309.3.2. Filters. Add subsection F-309.3.2 as follows: Filter-equipped commercial kitchen exhaust systems shall not be operated without filters properly installed. F-309.3.3. Operating Efficiency. Add subsection F-309.3.3 as follows: Openings provided for make-up air shall not be restricted by covers, dampers, or any other means that would reduce the operating efficiency of the commercial kitchen exhaust system. F-309.3.4. Manual Operations. Add subsection F-309.3.4 as follows: Instructions for manually operating the fire suppression system for the commercial kitchen exhaust system shall be posted conspicuously in the kitchen and shall be reviewed periodically with employees by the management. F-311.1. Designation. Delete and substitute F-311.1 as follows: The code official may designate fire lanes on public streets and on private property devoted to public use for the purpose of permitting proper access to fire hydrants or for fire fighting equipment. F-311.2. Signs and Markings. Delete and substitute subsection F-311.2 as follows: Signs and markings to delineate fire lanes as designated by the code official shall be provided and installed by the owner of the property or his agent. o o o F-311.4. Illegal Use. Add subsection F-311.4 as follows: 1. No person shall Park or leave an unattended vehicle in or otherwise obstruct with a vehicle any designated or marked fire lane. 2. No person shall place or locate any equipment, materials, or any other object in or otherwise obstruct any designated or marked fire lane. 3. The penalty for violation of Section F-311.4(1) with a vehicle shall be the same as outlined for other parking violations in the Chesterfield County Code. The penalty for violation of Section F-311.4(2) with any other object shall be the same as for all other violations of this chapter. o o o 9/24/97 97-637 F-316.1. General. Add subsection F-316.1 as follows: No charcoal cooker, brazier, hibachi, or grill and no gasoline or other flammable liquid or liquefied petroleum gas fired stove or similar device, except gas fired ranges designed for indoor use, shall be ignited or used within or on the balcony or covered patio of any occupancy in Use Group R, except detached one- and two-family dwellings, unless located more than eight (8) feet from such structures. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. o o o F-317.1. General. Add subsection F-317.1 as follows: No person shall store, park or repair any vehicle, tool or equipment that has a fuel tank that contains a flammable or combustible liquid or liquefied petroleum gas as a source of fuel within or on any occupancy in Use Group R, or part thereof, unless such building or structure is built for the purpose of such storage, parking or repairing in accordance with all requirements of the Uniform Statewide Building Code and this code. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. This section shall not apply to detached one- and two-family dwellings unless such storage, parking or repairing is conducted as a business. Such businesses must then comply with all applicable provisions of the Uniform Statewide Building Code and the Chesterfield County Code. o o o F-318.1. Materials Storage Regulation. Add subsection F-318.1 as follows: No person shall store any combustible packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials of a gross volume of greater than two thousand five hundred (2,500) cubic feet (70 m3) in any structure or on any premises, except under conditions approved by the code official. o o o F-318.4. Storage or Display in Roofed-Over Malls. subsection F- 318.4 as follows: Add Combustible goods, merchandise, decorations or vehicles may be displayed or placed in the common areas of a roofed-over mall only if such display or placement is in compliance with regulations established by the code official. It shall be the responsibility of the owner, manager or his designated representative to notify the code official prior to such usage of the roofed-over mall. Chapter 4. Open Flames or Burning F-403.1. Title and Purpose. 403.1 as follows: Delete and substitute section F- o o o F-403.2. Definitions. as follows: Delete and[ substitute section F-403.2 97-638 9/24/97 For the purpose of this article and subsequent amendments or any orders issued by Chesterfield County, the words or phrases shall have the meaning given them in this section. o o o B. "Bonfire" means an outdoor fire utilized for ceremonial purposes. C o "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. Do "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. E o "Debris waste" means stumps, wood, brush, and leaves from land clearing operations. F o "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living. Ho "Hazardous waste" means refuse or combination of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day to day living. J° "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughter houses, and steel mills. Ko "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. 9/24/97 97-639 Lo No Oo P o Qo mo S o To Uo "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See Solid Waste Management Regulations for further definitions of these terms. "Local landfill" means any landfill located within the jurisdiction of a local government. "Occupied building" means occupied or intended for sheltering any occupancy. any structure supporting or "Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and over draft incinerators. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. "Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See Solid Waste Management Regulations for further definitions of these terms. "Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. "Special incineration device" means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion performance. 9/24/97 97-640 F-403.3. Prohibitions on open burning. Delete and substitute Section F-403.3 as follows: · O O O F-403.4. Exemptions. Delete and substitute Section F-403.4 as follows: o o o F-403.5. Permissible open burning. Section F-403.5 as follows: Delete and substitute Ao Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the conditions are met: oral permission must be granted by the Chesterfield Fire Department, Fire and Life Safety Division. This may be done in person, or by telephone; and o o o o the location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire Department, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased; and o o o o the Chesterfield Fire Department Communications Center shall be notified before any fire is started and when the burn is completed. They shall be notified on the non-emergency number, which can be found in the telephone book; and o o o Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other designated local clearing operations which may be approved by Chesterfield County Fire Department, Fire and Life Safety Division, provided the following conditions are met: all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by Chesterfield County Fire Department, Fire and Life Safety Division; o o o 9/24/97 97-641 C 0 F-403.6. follows: mo the location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire Department, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased; and o o o Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided that the following conditions are met: o o o no materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and Chesterfield County Fire Department, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire Department, Fire and Life Safety Division shall be notified of the days during which the burning will occur. o o o Permits. Delete and substitute Section F-403.6 as When open burning of debris waste (Section F- 403.5.B.) or open burning of debris on the site of a local landfill (Section F-403.5.C.) is to occur within Chesterfield County, the person responsible for the burning shall obtain a permit from Chesterfield County Fire Department, Fire and Life Safety Division prior to the burning. Such a permit may be granted only after confirmation by Chesterfield County Fire Department, Fire and life Safety Division that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by Chesterfield County Fire Department, Fire and Life Safety Division. Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from Chesterfield County Fire 97-642 9/24/97 Department, Fire and Life Safety Division, such permits to be granted on,ly after confirmation by Chesterfield County Fire Department, Fire and Life Safety Division that the burning can and will comply with applicable provisions in Regulations for the Control and Abatement of Air ~pOilution and that any conditions are met which are deemed necessary by Chesterfield County Fire Department, Fire and Life Safety Division to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions: o o o The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Chesterfield County Fire Department, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased. o o o o Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by Chesterfield County Fire Department, Fire and Life Safety Division. F-403.7. Attendance at Open Fires. Delete and substitute subsection F- 403.7 as follows: Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official. © o o Chapter 5. Fire Protection Systems. F-501.4.5. Reporting Results of Periodic Tests. Add subsection F- 501.4.5 as follows: The individual or company performing any test or inspection required under this article shall provide the code official with a complete written record of the test or inspection within fifteen (15) days after it is conducted. Such written record shall note plainly which standard, as referenced by this code, was used for the test or inspection. F-501.7. Alarm Activations. Add subsection F-501.7 as follows: The owner and/or the occupant of any structure served by a fire protection system which has activated on two (2) or more occasions when no fire, unsafe condition or other hazard has occurred, shall repair the system or correct conditions which are causing the system to activate. o o o 97-643 9/24/97 F-504.1.1 Altering or Changing Supervisory Services. subsection F-504.1.1 as follows: Add The code official shall be notified prior to any alterations to the supervisory service equipment or if the agent providing supervisory service changes for any required fire protection system. Functional testing shall be conducted prior to the system being returned to service. The level of testing will be determined by the code official. Ail testing shall be conducted in the presence of the code official and appropriate documentation shall be provided to the code official to verify that the system is being supervised as designed and in accordance with the building code in effect at the time of installation. F-504.6. Tampering. Add subsection F-504.6 as follows: No person shall tamper with, reduce the effectiveness of, damage, destroy or use without just cause or authorization, any fire protection system, fire extinguisher, fire alarm system, single-station smoke detector, hydrant, or other fire protection device that has been installed in or on any building, structure or property within the county. o o o Chapter 6. Means of Egress. F-606.1.2. Marking Means of Egress. Add subsection F-606.1.2 as follows: The code official may require the means of egress through storage areas to be marked, and the owner or his agent shall be responsible for marking and maintaining such aisles as required. Chapter 7. Emergency Planning and Preparedness. F-708.0. Hotel and Motel Fire Safety. Add the foregoing title for subsection F-708.0. F-708.1. General. Add subsection F-708.1 as follows: Ail hotels and motels that are more than two (2) stories in height shall post on the inside of each sleeping unit door a floor plan showing the nearest exit and other fire safety information determined to be necessary by the code official. Chapter 30. Explosives, Ammunition and Blasting Agents. F-3001.3. Insurance Required for Blasting. substitute subsection F-3001.3 as follows: Delete and Before the code official issues a blasting permit, the applicant for such permit shall file with the code official, a certificate or proof of insurance in such form, amount and coverage as determined by the code official and the county attorney to be adequate to indemnify the county and members of the public against any damages arising from the permitted blasting. In no case shall the amount of such insurance be less than one million dollars ($1,000,000.00) . Exception: Liability insurance shall not be required, however, with an agricultural blasting permit when the blast is conducted on the applicant's property. Chapter 31. Fireworks. F-3101.2. Permits required. Delete and substitute subsection F-3101.2 as follows: 97-644 9/24/97 A permit shall be required for the public display of fireworks. ~-~ ~ F-3101.3. Permit Issuance. Delete and sUbstitute subsection F-3101.3 as follows: Application for permits shall be made in writing at least sixty (60) days in advance of the date of the display or discharge of fireworks. The sale, possession, discharge and distribution of fireworks for display shall be lawful only under the terms and conditions, and for the purpose set forth in the permit. A permit shall not be transferable, and shall not extend beyond the dates set forth in the permit. F-3103.2. Violations. Delete and substitute subsection F-3103.2 as follows: No person shall store, possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks, except as provided in the rules and regulations issued by the code official for the granting of permits for supervised public displays of fireworks. F-3103.3. Display. Delete and substitute subsection F-3103.3 as follows: Permitted fireworks displays shall be conducted by a competent operator approved by the code official, and the fireworks shall be arranged, located, discharged and fired in a manner that will not constitute a hazard to property or endanger any person. F-3103.4. Insurance Required for Display. Delete and substitute subsection F-3103.4 as follows: Before a permit is issued for a fireworks display, the applicant for such permit shall file with the code official a certificate or proof of insurance in such form, amount and coverage that the code official and county attorney determine to be adequate to indemnify the county and members of the public against any damages which may be caused either to persons or property by the display, and arising from any acts of the permittee, the permittee's agents, employees or subcontractors. F-3103.6. Seizure of Fireworks. subsection F-3103.6 as follows: Delete and Substitute The code official shall remove or cause to be removed at the expense of the owner, all fireworks that are possessed, sold, stored, or used in violation of this chapter. o o o F-3105. Pyrotechnics. Add Section F-3105.1 as follows: F-3105.1. Pyrotechnics: Ail pyrotechnic displays shall be approved by the code official and shall be constructed, maintained and used in accordance NFPA 1126-96. Chapter 32. Flammable and Combustible Liquids. F-3203.6. Disposal of Waste. Delete and substitute subsection F-3203.6 as follows: 9/24/97 97-645 No person shall permit, cause to be permitted or participate in the pouring, dumping or discharging of flammable or combustible liquids, or any waste liquid containing petroleum or its products on the ground, whether paved or not; in any storm or sanitary drain or ditch; or in any body of water. Ail petroleum products shall be stored and disposed of in accordance with regulations set forth by the code official. o o o F-3203.13. Loading Rack Fire F-3203.13 as follows: Protection. Add subsection Whenever tank vehicles are automatically loaded with flammable liquids at bulk storage terminals without an employee in attendance, the loading rack area shall be protected by a completely automatic fire suppression system approved by the code official. The system shall be designed to provide fire protection to both the loading rack and tank vehicles and shall be supervised by an accredited central station facility. Chapter 36. Liquefied Petroleum Gases. F-3603.4 Emergency follows: Services. Add subsection F-3603.4 as Anyone who supplies liquefied petroleum gas service shall have a qualified maintenance person available at all times to assist fire department personnel with emergency incidents involving the service. F-3605.6.1 Portable Containers. Add Subsection F-3605.6.1. as follows: Installation and operation of liquefied petroleum containers offered for sale or exchange shall comply with regulations established by the code official. Chapter 44: Chapter 44 is amended by changing the following NFPA standard reference numbers to those numbers as indicated hereafter: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (i4) (:z5) (16) Chapter 44 is amended by reference numbers and titles: 13-94 changed to 13-96 20-93 changed to 20-96 22-93 changed to 22-96 30-93 changed to 30-96 30A-93 changed to 30A-96 32-90 changed to 32-96 50-90 changed to 50-96 54-92 changed to 54-96 59A-94 changed to 59A-96 72-93 changed to 72-96 99-93 changed to 99-96 211-92 changed to 211-96 407-90 changed to 407-96 495-92 changed to 495-96 701-95 changed to 701-96 704-90 changed to 704-96 adding the following standard NFPA 13R-96 NFPA 86-95 NFPA 92A-96 NFPA 96-94 NFPA 204M-91 NFPA 231-95 NFPA 231C-95 NFPA 231D-94 Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height Ovens and Furnaces Smoke-Control Systems Ventilation Control and Fire Protection of Commercial Cooking Operations Smoke and Heat Venting General Storage Rack Storage of Materials Storage of Rubber Tires 97-646 9/24/97 NFPA 1122-94 NFPA 1126-96 Code for Model Rocketry Use of Pyrotechnics Before a Proximate Audience Sec. 10-4. Same--Modifications. The chief of the fire department or the "code official" shall have the authority to modify any of the provisions of the Virginia Statewide Fire Prevention Code, as herein amended, upon application in writing by an owner or lessee, or his duly authorized agent, if the chief or code official finds there are practical difficulties in carrying out the strict letter of the code. The chief or code official shall make no modifications unless the spirit of the code is observed, public safety is secured, and substantial justice is done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department or code official thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. Sec. 10-5. Same--Board of appeals. Any person aggrieved by any decision or interpretation of the code official may appeal within 14 days of notice of such decision to the local board of building code appeals which is hereby also appointed as the board of fire prevention code appeals. The board shall function in conformity with Section F-113.0 of the Virginia Statewide Fire Prevention Code. Sec. 10-6. Same--Penalties. (a) Any person who violates any of the provisions of this code or the Virginia Statewide Fire Prevention Code, as herein amended, or who fails to comply with any order made thereunder shall for each violation and act of noncompliance be guilty of a class one misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500.00) or by imprisonment for not more than twelve (12) months or by both. The imposition of one (1) penalty for any single violation shall not excuse the violation or permit it to continue and each day that such violation continues shall constitute a separate offense. o o o ARTICLE II. SMOKE DETECTORS IN CERTAIN BUILDINGS o o o Sec. 10-22. Definitions. o o o Sec. 10-33. Enforcement and penalties. The chief of the fire department and his duly authorized representatives are authorized to administer and enforce the requirements of this article. Failure to comply with the requirements for the installation and maintenance of smoke detectors shall constitute a violation of this chapter and shall be a Class 1 misdemeanor, punishable by a fine of not more than twenty-five hundred dollars ($2,500.00) or by imprisonment of not more than 12 months, or by both such fine and imprisonment. The imposition of one (1) penalty for any single violation shall not excuse the violation or permit it to continue and each day that such violation continues shall constitute a separate offense. (2) adopt ion. That this ordinance shall become effective upon Vote: Unanimous 9/24/97 97-647 15.C. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 9-14 RELATING TO REAL ESTATE ASSESSMENTS AND REASSESSMENTS Mr. Micas stated that this date and time has been advertised to consider an ordinance relating to real estate assessments and reassessments. When asked, he stated that this ordinance was requested by the Real Estate Assessors Office because they have had problems in the past because appeals have lasted so long into the year that it delays their ability to assess property for the upcoming year. He further stated that this process will give the Assessors Office an extra month to begin the new assessment process. No one came forward to speak in favor of or against this ordinance. Mrs. Humphrey expressed concerns relative to the proposed ordinance as it takes two weeks from residents who want to appeal their tax assessment. Mr. Micas stated that it will take away two weeks from appeals, however, they will still have thirty days, which is twice as long as State law provides for. Mr. Daniel stated he is still not convinced that there is a clear and present danger for the timeframe, however, he will support the motion if Mrs. Humphrey is inclined to support the paper. He indicated, however, that he would rather not approve the paper at this time. Mrs. Humphrey made a motion, seconded by Daniel, for the Board to deny consideration of an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Section 9-14 relating to real estate assessments and reassessments. Mr. Barber stated that as he read through the ordinance, a number of dates were changed, including two weeks being taken from the time that a person could appeal. He inquired as to whether the Board could possibly keep the two weeks into the appeal process time and still do the administrative work earlier in the tax year. He suggested that the Board defer the issue to allow staff to address Mrs. Humphrey's concern, which is not shortening the time of appeal, but still meet the workload of the Assessors Office. Mrs. Humphrey stated that she supports the comments expressed by Mr. Barber. Mr. Warren stated that this a very sensitive process. Mr. Barber made a substitute motion for the Board to defer consideration of an ordinance relating to real estate assessments and reassessments for thirty days. Mr. Daniel stated that he will support the deferral. There was brief discussion relative to the amount of the ordinance that can be handled administratively and the amount that can be handled by ordinance, without cutting into the two week time period and the process of how bills are sent out to citizens. When asked, Mr. Ramsey stated if the Board does not support the proposed ordinance at this time, a new paper could be brought before the Board that will state that staff will send bills out two weeks earlier. Mr. Warren seconded the substitute motion made by Mr. Barber. 97-648 9/24/97 Mr. Harren then called for the vote on the substitute motion made by Mr. Barber, seconded by him, for the Board to defer consideration of an ordinance to amend the Code of the County of Chesterfield, 1997, as Amended, by amending and Reenacting Section 9-14 Relating to Real Estate Assessments and Reassessments until October 22, 1997. Vote: Unanimous 15.D. TO CONSIDER AN ORDINANCE TO A~RND T~E CODE OF T~R COUNTY OF C~ESTERFIELD, 1997, AS A~NDED, BY A~NDING AND REENACTING SECTIONS 19-175, 19-195, AND 19-301 AND SECTION 19-514 OF THE DEVELOPMENT STANDARDS MANUAL RELATING TO MOTOR VEHICLE STORAGE/TOWING LOTS, JUNKYARDS AND DESIGN STANDARDS FOR OFF-STREET PARKIN~ Mr. Poole stated that this date and time has been advertised for a public hearing to consider an ordinance relating to motor vehicle storage/towing lots, junkyards and design standards for off-street parking. He further stated that this issue was initiated because of a zoning complaint received months ago in which there was a violation. He stated that after addressing the issue with two business owners, staff developed a proposal that would define the use and establish the use as a restricted use in C-5 and I-3 zoning districts. He further stated that the uses would be allowed, by right, so long as they met certain issues in the ordinance relating to setbacks, landscaping, and fencing, and the size of lot. He stated that the matter was brought before the Planning Commission and two public hearings were held. He further stated that the Planning Commission recommended an ordinance different than that of staff, which would allow the use in a C-5 district, if the property owners obtained a conditional use permit. He stated that the Commission's recommendation would continue to allow the uses in an I-3 district so long as the owners met certain design standards. When asked, he stated that concerns with existing business owners is that none of the businesses are legal today because of the way the current ordinance is styled. He further stated if the Board denies the recommendations of both the Planning Commission and staff, the existing businesses will still be illegal. He stated that if the Board approves the recommendation of the Planning Commission, the existing businesses with C-5 zoning, would have to make an application for a conditional use permit and go through the zoning process. He further stated that if staff's recommendation is approved, there would be no additional zoning necessary for the existing businesses with C-5 zoning as long as they come into compliance with the standards. He stated that the two business owners that he spoke with, indicated that they are comfortable with the recommendation of staff. There was brief discussion relative to the number of businesses that will be affected by this ordinance; there not being a current County ordinance relating to motor vehicle storage/towing lots; public input into this issue; and whether the Planning Commission considered what the CQunty is attempting to do in regards to improving the conditions along Midlothian Turnpike and protect the quality of existing businesses in making their recommendation. Mr. George Beadles stated that he feels it is better to have a restrictive use. He further stated that he feels there needs to be a way to control impound lots and their location. He requested the Board to support the conditional use recommendation of the Planning Commission. He stated that he feels the staff should be more pro-active in finding violations and not bring forward issues only when complaints arise. 9/24/97 97-649 Mr. Walter Marsh stated that he has reviewed restrictions for these businesses and that he feels there is not such an undefinable quantity of businesses that a reasonable set of rules cannot be set. He further stated that he feels a set of restrictions should be established, the owners meet the restrictions, and the businesses be located, by-right, in the most intensive commercial districts of the County. He stated that he does not feel these are such unique businesses which require each case to be considered separately. He stated that he supports the recommendation of Planning staff. There being no one else to address this ordinance, the public hearing was closed. Mr. Warren stated that he feels the County should not be attempting to solve two businesses problems by compromising a position dealing with an issue that is County-wide. When asked, Mr. Poole stated that the two businesses were receptive to the set of standards developed by staff and that the staff's rationale was to hide the uses. He further stated that the two businesses, and future business owners, would have to go through the zoning process if the Planning Commission's recommendation is approved. Mr. Barber stated that the two ordinance before the Board are basically the same, but the difference being that the Planning Commission recommendation would require property owners to go through the conditional use process and the staff's recommendation would be that business owners would know the ground rules and be able to establish a legal business. He stated that with property screen, no complaints are received. He further stated that given that, he recommended that the Board support the Planning staff's version of the ordinance amendment. Mr. Barber then made a motion, seconded by Mrs. Humphrey for the Board to support an ordinance to amend the Code of the County of Chesterfield, 1997, amended, by amending and reenacting Sections 19-173, 19-195, and 19-301 relating to motor vehicle storage/towing lots and junkyards. Mr. Daniel referenced the Economic Development trip taken by several Board members this afternoon and referenced a situation where a business did not go through the proper process. He stated that he feels the Planning Commission made the correct choice by going through the conditional use process. He further stated that he prefers that the Board consider the recommendation of the Planning Commission and noted that the Planning Commission's recommendation was made on a 4-1 vote. He stated that if the Commission's recommendation turns out to be wrong, the Board of Supervisors can change it at the proper time, but at least it gives the public a check and balance as it relates to these types of businesses. Mrs. Humphrey stated that her only concern regarding this issue is that she has seen, on numerous occasions, in which the County Code has been changed, modified County ordinance, and have grandfathered in existing businesses. She further stated that would be comfortable with the recommendation of the Planning Commission if the two existing businesses in question, along the Midlothian Corridor, were grandfather into the ordinance and permitted to remain in business as they are currently operating. When asked, Mr. Poole stated that the two businesses that Mrs. Humphrey has mentioned are located on C-5 zoning. When asked, Mr. Micas stated that the Board cannot grandfather ~ an improper illegal use, which is the problem with the two.' businesses in question. 97-650 9/24/97 When asked, Mr. Poole stated that in order to make the two existing businesses legal today and to grandfather them, the businesses would have to go through the zoning process. He further stated that the Board could' initiate zoning applications and the two businesses could go through the zoning process and become legal. He stated that once that process was done, if the Board wanted to then amend the ordinance to add this use, these two businesses would then be legal and remain in business the way in which they were established. Mr. Barber clarified that the ordinance before the Board at this time is related to impound car storage lots and not junkyards, as the County currently has a junkyard ordinance. He further stated that he feels as long as the standards are appropriate, businesses should be able to apply for the zoning and place a storage or impound lot on property that is well screened and functional. He stated that he feels the Board is now placing a number of road blocks on these types of businesses. He further stated that he feels the Board should be streamlining the County's process and making it more user friendly and still protect the public, in which he feels the staff's recommendation accomplishes. Mrs. Humphrey stated that one of the two related businesses in question serves the County's Police Department. She further stated that part of the Department's clean-up effort is the impounding and confiscation of drug-related and abandoned vehicles. She stated that the majority of these types of vehicles are placed at one of these businesses. When asked, Mr. Poole stated that the two businesses, and others that may be like them, are currently not in compliance with the the current zoning ordinance, therefore, something needs to be done to address this issue. Mr. McHale stated that he understands that if the Board supports the Planning Commission's version of the ordinance, there will be additional burdens placed on these types of businesses. He further stated that having the conditional use process in place is a very valuable resource because the benefit of public input is received. He stated that he feels there should be the benefit of the conditional use process as it relates to these types of uses. He further stated that the Board can still give relief to legitimate businesses even if the conditional use process was supported. Mrs. Humphrey stated that she feels the Board needs additional information regarding this issue. Mrs. Humphrey then made a substitute motion, seconded by Mr. Warren, for the Board to defer consideration of an ordinance relating to motor vehicle storage/towing lots, junkyards and design standards for off-street parking until November 25, 1997. Vote: Unanimous 16. REOUESTS FOR MOBILE ROME PERMITS AND REZONING 98SR0112 In Bermuda Magisterial District, RACHEL C. W~EELER requested renewal of Mobile Home Permit 89SR0181 to park a mobile home in a Residential (R-7) District and amendment of zoning district map. The density of this proposal is approximately 1.96 units per acre. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This property fronts the southwest line of Seminole Avenue, approximately 150 feet southeast of Maywood Street and is better known as 10610 Seminole Avenue. GPIN 797-663-2166 (Sheet 32). 97-651 9/24/97 Mr. Jacobson presented a summary of Case 98SR0112 and stated staff recommends approval of the request for seven years, subject to standard conditions. He noted the mobile home is located in an area designated by the Jefferson Davis Corridor Plan for regional mixed use. Ms. Rachel C. Wheeler stated the recommendation was acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 98SR0112 for seven (7) years, subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. o No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. o 0 Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. o Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Vote: Unanimous 97SN0236 (Amended) In Midlothian Magisterial District, CRENSHAW-SINGLETON PROPERTIES requested amendment to a previously granted rezoning (Case 67-85) and amendment of zoning district map to delete a requirement that there be no exterior merchandising. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light commercial use. This request lies in a Community Business (C-3) District on 3.9 acres known as 2600 Buford Road. GPIN 754-719-Part of Parcel 9232 (Sheet 3). Mr. Jacobson presented a summary of Case 97SN0236 and stated the Planning Commission and staff recommends approval. He stated that this request has been before the Board on two previous occasions. He further stated subsequent to the case being advertised, an additional proffered condition was submitted for consideration by the Board of Supervisors. He stated that due to the additional proffer being received after the advertising of the request, the Board would need to suspend its rules if it wishes to consider the proffered condition. He noted that staff recommends acceptance of the proffered condition. Mr. Steve Snead stated the recommendation was acceptable. 97-652 9/24/97 On motion of Mr. Barber, seconded by Mr. McHale, the Board suspended its rules at this time to consider the following proffered condition: Continuous outside display of merchandise for sale shall be allowed, as provided in Section 19-159 of the Zoning Ordinance, except that any outside display area for bagged mulch, potting soil, vertilizer, peat moss or similar material shall be located directly adjacent to the front facade of the building and such material shall be stacked no higher than 6 1/2 feet. Vote: Unanimous Mr. William R. Yates expressed appreciation to the Board for allowing the continuation of this request in an effort to reach a compromise and to Mr. Barber for his efforts in this process. Mr. George Beadles expressed concerns relative to the number of times the Board suspends its rules to consider late proffered condition. Mr. Barber stated that he feels the Board agreed to suspend the rules for very good reason. He expressed appreciation to the applicant, Mr. Yates, Mr. Snead, and staff for their tremendous efforts in this process. Mr. Barber made a motion, seconded by Mr. Daniel, for the Board to approve Case 97SN0236 and accept the proffered condition. Mr. Daniel stated that statistics are on the County side that the Board does not suspend its rules unnecessarily and follows its process well over the majority of the time. Mr. Warren called for the vote on the motion made by Mr. Barber, seconded by Mr. Daniel, for the Board to approve Case 97SN0236 and acceptance of the following proffered condition: Continuous outside display of merchandise for sale shall be allowed, as provided in Section 19-159 of the Zoning Ordinance, except that any outside display area for bagged mulch, potting soil, fertilizer, peat moss or similar material shall be located directly adjacent to the front facade of the building and such material shall be stacked no higher than 6~ feet. Vote: Unanimous 97SN0284 In Bermuda Magisterial District, MINEOLA LAND TRUST requested amendment to a previously granted rezoning (Case 79Sl18) and amendment of zoning district map to permit office warehouses in a General Business (C-5) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community commercial use. This request lies on 22.2 acres fronting approximately 1,200 feet on the south line of route 288, approximately 500 feet east of Chester Road. GPIN 788-665-Part of 8838 (Sheet 32). Mr. Jacobson presented a summary of Case 97SN0284 and stated the Planning Commission and staff recommends approval and acceptance of the proffered condition. He noted the request conforms to the Chester Villaqe Plan. Mr. Jim Hayes, representing the applicant, stated the recommendation was acceptable. There was no opposition present. 9/24/97 97-653 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 97SN0284 and accepted the following proffered condition: The public water system shall be used. Vote: Unanimous 97SN0285 In Dale Magisterial District, VIRGINIA POWER COMPANY AND PRIMECO PERSONAL COMMUNICATIONS, L. P. requested Conditional Use Planned Development and amendment to zoning district map to permit a 126 foot communications tower in Agricultural (A) and Residential (R-9) Districts. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.00 to 2.5 units per acre or less. This request lies on 0.37 acre fronting approximately 22 feet on the west line of Belmont Road, approximately 250 feet north of Drexelbrook Road. GPIN 764-684-Part of 8175 and 765-684-Part of 9017 (Sheet 15). Mr. Jacobson presented a summary of Case 97SN0285 and stated the Planning Commission and staff recommend approval, subject to conditions. John Cogbill, Esquire, representing the applicant, stated the recommendation was acceptable. There was no opposition present. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board approved Case 97SN0285, subject to the following conditions: 1. There shall be no signs permitted to identify this use. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) o The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) 97-654 9/24/97 o o o Vote: The color and lighting system for the tower shall be as follows: a° The tower shall be grey or another neutral color, acceptable to the Planning Department. bo The tower shall not be lighted. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Section 19-595 of the Development Standards Manual relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and pu]blic rights of way. Screening would not be required for the tower or tower- mounted equipment.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) (NOTE: The conditions apply only to facilities associated with the proposed communications tower use. Facilities solely associated with Virginia Power operations are exempt from the conditions.) Unanimous 97SN0288 In Midlothian Magisterial District, COLUMBIA GAS TRANSMISSION CORPORATION requested Conditional Use Planned Development and amendment of zoning district map to permit, above-ground utility structures and exceptions to setbacks, lot area and lot width requirements and fence heights. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for planned transition area use. This request lies in an Agricultural (A) District on 0.13 acre fronting approximately 60 feet on the north line of Midlothian Turnpike, across from Farnham Drive. GPIN 734-707-9596 {Sheet 7). Mr. Jacobson presented a summary of Case 97SN0288 and stated the Planning Commission and staff recommend approval, subject to conditions. He noted the proposed uses, with imposition of the recommended conditions, comply with the Public Facilities Plan. Mr. Cogbill, recommendation present. representing the applicant, stated the was acceptable. There was. no opposition On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 97SN0288, subject to the following conditions: Ail mechanical equipment shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be constructed of materials that provide screening of the facility. Landscaping shall be employed around the outside perimeter of the fence so as to minimize the view of the fence from adjacent properties. The exact width and treatment of this landscaped area and the treatment of 9/24/97 97-655 o the fence shall be approved by the Planning Department. (NOTE: This condition would require screening of the facility from ground level.) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust or tracking problems and to provide ease of ingress and egress. (P) Any building and all mechanical equipment shall comply with Section 19-595 of the Development Standards Manual relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTES: This condition will require that existing and future aboveground utility structures not enclosed within a building be screened from adjacent properties and public rights of way. Vote: Unanimous Only thirty percent (30%) of the request property can be occupied with above-ground utility structures.) 97SN0291 In Matoaca Magisterial District, JAMES F. HUBBARD requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies on 24.6 acres fronting approximately 800 feet on the south line of Hull Street Road, also fronting approximately 1,800 feet on Winterpock Road and located in the southwest quadrant of the intersection of these roads. GPIN 723-670-2108, 5090 and Part of 3653 and 723-671- 1312 and 5205 (Sheet 20). Mr. Jacobson presented a summary of Case 97SN0291 and stated the Planning Commission and staff recommends approval and acceptance of the proffered conditions. He noted the request conforms to the Upper Swift Creek Plan. Mr. James F. Hubbard stated the recommendation was acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 97SN0291 and accepted the following proffered conditions: With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. Ail impervious areas shall drain through a BMP. o The public wastewater system shall be used. 4 o The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property: 97-656 9124197 o o 10. 11. 12. $6000 per dwelling unit, if paid prior to July 1, 1998; or bo The amount approved by the Board of Supervisors not to exceed $6819 per dwelling unit, if paid between July 1, 1998 and June 30, 1999; or C · The amount approved by the Board of Supervisors not to exceed $6819 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1998, and July 1 of the fiscal year in which the payment is made if paid after June 30, 1999. The uses permitted on the southernmost portion of the property shall be limited to offices (business, governmental, medical and professional), day care centers, office warehouses, and/or Residential-Townhouse (R-TH) . The minimum gross square footage for townhouses shall be as follows: 2 bedroom townhouses More than 2 bedroom townhouses 1,100 gross square feet 1,200 gross square feet Ail non-residential buildings to be constructed on the property shall be compatible in architectural style, materials, colors, details and other design features. Franchise-type outparcel buildings shall be compatible to the architectural styles, materials, colors, details and other design features which predominate in the commercial development. In addition, should adjacent, commercially zoned property to the west develop first, uses on the property shall be compatible to the architectural styles, materials, colors, details and other design features which predominate in this adjacent development. The architectural treatment of any townhouse units constructed on the property shall be similar to the architectural treatment of the Cross Creek, Woodlake Village or Hunters Chase developments. A minimum of forty percent (40%) in the aggregate~ of the visible portions of the exterior wall surfaces of such townhouse units (chimneys, front, rear and sides), excluding windows, doors, breezeways and architectural design features, shall be of brick construction. No outdoor basketball courts shall be permitted within any townhouse development. No outdoor speaker system shall be installed within any townhouse development. Parking lot lighting in any townhouse development shall be produced from concealed sources of light. Parking lot lighting standards in any townhouse development shall not exceed twenty (20) feet in height and shall be positioned in such a manner as to minimize the impact of such lighting off of the Property. The last known President of the Ashbrook Community Association shall be mailed notices by the owner/developer of any site plan submission to Chesterfield Counsy. Prior to site plan approval, the owner/developer shall provide the Planning Department with evidence of such mailing. 9~24~97 97-657 13. 14. 15. 16. 17. The following rights of way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: a. One hundred (100) feet of right of way on the south side of Route 360, measured from the centerline of Route 360 for the entire property frontage; bo Forty-five (45) feet of right of way on the west side of Winterpock Road, measured from the centerline of Winterpock Road for the entire property frontage; and Forty-five (45) feet of right of way on the north side of East/West Arterial, measured from the centerline of East/West Arterial for the entire property frontage. Prior to any site plan approval, a phasing plan for these rights of way dedications shall be submitted to and approved by the Transportation Department. Direct access to the request property from Route 360 shall be limited to one (1) entrance/exit, located towards the western property line. The ~exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the request property to ensure shared use of this access with the adjacent property to the west. Direct access to the request property from Winterpock Road shall be limited to two (2) entranCes/exits. The exact location of these accesses shall be approved by the Transportation Department. At the time of site plan review, the Transportation Department may modify this condition to allow additional access to the request property from Winterpock Road. No direct access shall be provided tO the request property from East/West Arterial. To provide an adequate roadway system at time of complete development, the developer shall be responsible for the following improvements: a o Construction of an additional lane of pavement along the eastbound lanes of Route 360 for the entire property frontage; bo Construction of additional pavement along the eastbound lanes of Route 360 ait the approved access and at the Winterpock Road intersection to provide a separate right turn lane; C · Construction of additional pavement along Winterpock Road at each approved access to provide left and right turn lanes based on Transportation Department standards; do Full cost of traffic signalization at the Winterpock Road/Route 360 intersection, if warranted, based on Transportation standards; and e o Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified above. 97-658 9/24/97 18. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 17, shall be submitted to and approved by the Transportation Department. Vote: Unanimous 97SN0292 In Dale Magisterial District, COLUMBIA GAS TRANSMISSION CORPORATION requested Conditional Use Planned Development and amendment of zoning district map to permit above-ground utility structures and exceptions to setbacks, lot area and lot width requirements and fence heights. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.00 to 2.5 units per acre. This request lies in a Residential (R-7) District on 0.05 acre fronting approximately 15 feet on the south line of Statute Street, approximately 700 feet east of Krause Road. GPIN 774-662-1676 and Part of 7966 (Sheet 31). Mr. Jacobson presented a summary of Case 97SN0292 and stated the Planning Commission and staff recommend approval, subject to conditions. He noted the proposed uses, with imposition of the recommended conditions, comply with the Public Facilities Plan. Mr. Cogbill, recommendation present. representing the applicant, stated the was acceptable. There was no opposition On motion of Mr. Daniel, seconded by Mr. Barber, the Board approved Case 97SN0292, subject to the following conditions: Ail mechanical equipment shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be constructed of materials that provide screening of the facility. Materials shall be compatible with area residential development. Landscaping shall be employed around the outside perimeter of the fence so as to minimize the view of the fence from adjacent properties. The exact width and treatment of this landscaped area and the treatment of the fence shall be approved by the Planning Department. (P) (NOTE: This condition would require screening of the facility from ground level.) o Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust or tracking problems and to provide ease of ingress and egress. (P) o Any building and all mechanical equipment shall comply with Section 19-595 of the Development Standards Manual relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTES: A. This condition will require that existing and future above-ground utility structures not enclosed within a building be screened from adjacent properties and public rights of way. m o Only ~thirty percent (30%) of the request property can be occupied with aboveground utility structures.) Vote: Unanimous 9/24/9'7 97-659 97SN0294 In Matoaca Magisterial District, VIRGINIA POWER COMPANY AND PRIMECO PERSONAL COMMUNICATIONS requested Conditional Use and amendment of zoning district map to permi~ a 135 foot communications tower in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots. This request lies on 0.3 acre fronting approximately 20 feet on the north line of Woodpecker Road, approximately 1,050 feet west of Chestnut Ridge Road. GPIN 790-622-Part of 5055 and 791-625-Part of 0621 (!Sheet 49). Mr. Jacobson presented a summary of Case 97SN0294 and stated the Planning Commission and staff recommends approval, subject to conditions. Mr. Cogbill, representing the recommendation was acceptable. present. applicant,i stated the There was no opposition On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 97SN0294, subject to the following conditions: There shall be no signs permitted to identify this use. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the toWer shall be as follows: a o The tower shall be grey or another neutral color, acceptable to the Planning Department. bo The tower shall not be lighted. (P) o Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress· (P) Any building or mechanical equipment shall comply with Section 19-595 of the Development Standards Manual 9124197 97-660 relative to architectural treatment of building exteriors and screening of mechanical equipment. (p) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) o At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) (NOTE: The conditions apply only to facilities associated with the proposed communications tower use. Facilities solely associated with Virginia Power operations are exempt from the conditions.) Vote: Unanimous 98SN0102 In Matoaca Magisterial District, BETHESDA BAPTIST CHURCH requested Conditional Use and amendment of zoning district map to permit a child day care center in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for moderate industrial use. This request lies on 0.88 acre known as 15800 Woods Edge Road. GPIN 802-637-5658 (Sheet 41). Mr. Jacobson presented a summary of Case 97SN0102 and stated the Planning Commission and staff recommends approval, subject to one condition and acceptance of one proffered condition. Ms. Mary Jamerson, representing the applicant, stated the recommendation was acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 97SN0102, subject to the following condition: Except where the requirements of the underlying Agricultural (A) zoning are more restrictive, any new development for child day care use shall conform to the requirements of the Development Standards Manual for commercial uses in Emerging Growth Areas. (P) (NOTE: This condition would apply only to facilities dedicated exclusively to child day care use and would not apply to other uses permitted by right, such as church use.) And, further, the Board accepted the following proffered condition: Prior to the issuance of an occupancy permit for any additional development or redevelopment of the request property, the Developer shall: 1) limit direct access to Woods Edge Road to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department; and 2) construct additional pavement along Woods Edge Road at the approved access to provide a right turn based on Transportation Department standards. The Developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of- way (or easements) required for this improvement. Vote: Unanimous 9/24/97 97-661 98SN0107 In Bermuda Magisterial District, NICK PATEL requested Conditional Use and amendment of zoning district map to permit a computer-controlled variable message electronic sign in a General Business (C-5) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 1.3 acres known as 2321 Willis Road. GPIN 794-670-7780 and 794-671-7913 {Sheet 23). Mr. Jacobson presented a summary of Case 97SN0107 and stated the Planning Commission and staff recommend approval, subject to one condition and acceptance of proffered conditions. Mr. Dean Hawkins, representing the applicant, stated the recommendation was acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 97SN0107, subject to the following condition: One (1) computer-controlled, electronic sign shall be permitted. building-mounted and subject restrictions: variable message, This sign shall be to the following ao Flashing and traveling messages shall be prohibited. Bijou lighting affects shall be prohibited. (P) (NOTE: Ail freestanding and building-mounted signs, including the computer-controlled, variable message, electronic sign, are subject to the requirements of the Development Standards Manual for signs.) And, further, conditions: the Board accepted the following proffered The messages shall be programmed or sequenced to change no more than once every twenty (20) seconds. There shall be no more than two (2) lines of copy. o Copy shall be of one (1) color, either white or yellow. o The computer-controlled, variable message, electronic sign shall have a maximum sign area of 27.3 square feet. The computer-controlled variable message electronic sign shall be located on the east side of the building. Vote: Unanimous 9~SN0108 In Bermuda Magisterial District, ROSLYN FARM CORPORATION requested amendment to Conditional Use Planned Development (Case 87S174) and amendment of zoning district map to allow modular building lease, sales and service and to allow an exception to paving requirements for outside storage areas. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for industrial use. This request lies in a General Industrial (I-2) District on 10.0 acres fronting approximately 284 feet on the east line of Ruffin Mill Circle, approximately 550 feet east of Ruffin Mill Road. GPIN 810-636-Part of 3026 (Sheet 42). 97-662 9~24~97 Mr. Jacobson presented a summary of Case 9~SN0108 and stated the Planning Commission and staff recommend approval subject to conditions. Mr. Bill Lewis, representing the applicant, stated the recommendation was acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Humphrey, the Board approved Case 9~SN0108, subject to the following conditions: In addition to the uses currently permitted on the request property, modular building lease, sales and service shall be permitted. (P) (NOTE: This condition is in addition to Condition 8 of Case 87S174.) o Outside storage areas for modular building lease, sales and service shall conform to the screening requirements of the Development Standards Manual for such areas, Section 19-575, with the exception that outside storage areas shall not be required to be screened from adjacent conservation easements. (P) (NOTES: A. This condition is in addition to Condition 2 of Case 87S174 for modular building lease, sales and service use only. This condition would require that outside storage areas for the modular building lease, sales and service use be screened from public rights of way and from adjacent properties to the northwest, south and southwest that have no outside storage areas. Condition 2 of Case 87S174 remains in effect for all other uses on the request property and requires that outside storage areas be screened from Ruffin Mill Road.) o Outside storage areas for modular building lease, sales and service use shall conform to the surface treatment requirements of the Development Standards Manual for such areas, Section 19-514 (2) and (4). (P) (NOTES: A. This condition is in addition to Condition 3 of Case 87S174 for modular building lease, sales and service only. o This condition would require that outside storage areas for modular building lease, sales and service use have, at a minimum, a surface treatment of gravel and be delineated, as outlined in the referenced sections. C o Condition 3 of Case 87S174 would require that all other driveways, loading areas, and parking areas, including outside storage areas for other permitted uses, to be paved with concrete, bituminous concrete, or similar material, and that concrete curb and gutter be installed around such areas for drainage and erosion control, as determined by the Environmental Engineering Department.) Vote: Unanimous 9/24/97 97-663 17. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 8:35 p.m. until October 8, 1997 at 3:00 p.m. at Camp Thunderbird for a joint Board of Supervisors/School Board meeting. Vote: Unanimous Lan~'B. Ramsey / County Administratorf 97-664 A~hur S-. ~a~re~ Chairman 9124197