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06-26-2002 MinutesBOARD OF SUPERVISORS MINUTES June 26, 2002 Supervisors in Attendances Staff in Attendances Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Colonel Carl R. Baker, Police Department Mr Craig Bryant, Dir., Utilities Mr Steven Calabro, Dir., Airport Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr James Dunn, Dir., Economic Development Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Planning Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Richard A. Nunnally, Extension Agent Mr Francis Pitaro, Dir., General Services Ms Chris Ruth, Asst. Dir., Public Affairs Mr James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Scott Zaremba, Asst. Dir., Human Resource Mgt. Mr. Miller called the regularly scheduled meeting to order at 3:14 p.m. 02-4,12 06/26/02 1. APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of May 22, 2002, May 29, 2002 and June 7, 2002, as submitted. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey recognized the participants in the county's diversity internship program who introduced themselves. He also recognized Ms. Judy Williams, EEO Employment Administrator with Human Resource Management, who is coordinating the internship program. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board deleted Item 8.C.6., Approval of Contract with Motorola, Incorporated for the Public Safety Data Communications System; added Item 10.D., Closed Session Pursuant to Section 2.2-3711(A) (1), Code of Virqinia, 1950, as Amended, Relating to the Reassignment of a Department Director; moved Item 16.G., Public Hearing to Consider Adoption of the Consolidated Eastern Area Plan and Companion Zoning Ordinance Development Standards Along Major Roads, to be heard prior to Item 16.A., Public Hearing to Consider an Increase in FY2002 School Operating Appropriations; moved Zoning Case 02SN0201 to be heard first under Item 16., Requests for Mobile Home Permits and Rezoning Placed on the Consent Agenda; and adopted the Agenda, as amended. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5oAo REiCO~NIZING MR. RICHARD A. NUNNALLY, EXTENSION AGENT AND DEPARTMENT DIRECTOR, UPON HIS RETIREMENT Mr. Hammer introduced Mr. Richard Nunnally who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Richard A. Nunnally began his career in Chesterfield County in May 1975; and WHEREAS, Mr. Nunnally has served the Virginia Cooperative Extension for 34 years, with the past 27 years as Agriculture Agent and Department Director of the Chesterfield Extension Office; and WHEREAS, Mr. Nunnally has impacted the lives of thousands of Chesterfield County residents through his work with agricultural and horticultural issues; and WHEREAS, Mr. Nunnally was responsible for the first Master Gardener volunteer training program in 1981 resulting 02-413 06/26/02 in 22 classes of valuable volunteers who have provided educational information on horticultural topics to Chesterfield County citizens; and WHEREAS, Mr. Nunnally's contributions to Virginia Cooperative Extension have been recognized when he received the State Distinguished Service Award from Epsilon Sigma Phi, the Extension National Fraternity in 1987; and WHEREAS, Mr. Nunnally's commitment to the ideals of the National Association of County Agricultural Extension Agents earned him the Distinguished Service Award in 1991; and WHEREAS, Mr. Nunnally's dedicated service and contributions to Chesterfield County and to Virginia Cooperative Extension were recognized in 1998 with the prestigious Alumni Award of Excellence in Extension. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Richard A. Nunnally, expresses appreciation for his dedicated service to the county, and extends congratulations upon his retirement and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution to Mr. Nunnally, accompanied by co-workers and members of his family, expressed appreciation for his dedicated service to the county, and wished him well in his retirement. Mr. Nunnally expressed appreciation to the Board for the recognition. 5oBo RECOGNIZING MS. SANDRA S. ~SKIP" HENDERSON, EXTENSION AGENT, UPON HER RETIREMENT Mr. Hammer introduced Ms. Skip Henderson who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Sandra S. "Skip" Henderson began her career in Chesterfield County in 1973; and WHEREAS, Ms. Henderson has coordinated Family and Consumer Science programs for Virginia Cooperative Extension for 32 years, and for the past 29 years in Chesterfield County; and WHEREAS, Ms. Henderson has recruited, trained and managed hundreds of volunteers whose efforts have had an impact on thousands of Chesterfield residents; and WHEREAS, Ms. Henderson has been recognized regionally as a speaker on Family Financial Management; and WHEREAS, Ms. Henderson has been an active collaborator in four programs that have received National Association of Counties (NACo) Achievement Awards; and WHEREAS, Ms. Henderson has been an advocate for debt- reduction, literacy education, and housing education throughout her career; and WHEREAS, Ms. Henderson's standing with her peers was recognized when she was the 1992 recipient of the National 02 -414 06/26/02 Association of Service Award. Extension Home Economists Distinguished NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Sandra S. ~Skip" Henderson, expresses appreciation for her dedicated service to the county, and extends congratulations upon her retirement and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution to Ms. Henderson, accompanied by co-workers and members of her family, expressed appreciation for her dedicated service to the county, and wished her well in her retirement. Ms. Henderson expressed appreciation to the Board for the privilege to serve the residents of Chesterfield County. Mr. Hammer recognized Ms. Suzan Craik and Mr. Joseph H. "Skip" Todd, upon their retirement and commended them for their years with Chesterfield County's Extension Service. 5.C. RECOGNIZING HR. ANDREW JOHN McKINLEY UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Hammer introduced Mr. Andrew McKinley who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, 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. Andrew John McKinley, 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 earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Andrew has distinguished himself as 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. Andrew John McKinley on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-415 06/26/02 Mr. Barber presented the executed resolution and patch to Mr. McKinley, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. McKinley expressed appreciation to his friends, family, and others for their support. 6. WORK SESSIONS O REVIEW 2002 GENERAL ASSEMBLY LEGISLATION Mr. Micas presented a brief summary of 2002 General Assembly legislation affecting the county. Discussion ensued relative to the legislative item regarding land use applications and delinquent taxes. Mr. McHale requested that an item be added to the county's 2003 legislative program that would require all property taxes of an individual making a land use application to be current, rather than just the taxes on the property for which the application is being made. Discussion ensued relative to the legislative item regarding civil penalties for local recycling and waste disposal. Mr. McHale made a motion, seconded by Mr. Barber, for the Board to accept staff's recommendations. Mr. Barber requested that the Board be advised of the legislative delegation's vote on each of the legislative items being recommended for public hearings and all future legislative reports include a voting tally of the county's legislative delegation. Mr. Micas noted that three of the property tax exemption requests supported by the Board following public hearings did not receive a patron and, therefore, were not approved. Mr. Micas clarified that the burden is placed upon the property owner to obtain a patron after the Board holds a public hearing and indicates support of a tax exemption request. Mr. Miller called for a vote on the motion of Mr. McHale, seconded by Mr. Barber, for the Board to approve staff's recommendation to set public hearing dates for legislative items relative to land use applications and delinquent taxes; local enterprise zone program for technology zones; partial exemption for rehabilitated, renovated and replacement structures; personal property tax classification for biotechnology equipment; and civil penalties for local recycling and waste disposal. And, further, the Board referred to the Planning Commission the legislative item relative to non-conforming manufactured housing, and referred to the Budget Department for FY 2004 consideration of funding to increase compensation of local advisory boards in accordance with the change in state law. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 02-416 06/26/02 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment of members to serve on the Riverside Regional Jail Authority, Industrial Development Authority, Youth Services Citizen Board, Richmond Metropolitan Authority, Citizens Transportation Advisory Committee, Coalition of High Growth Communities, Social Services Board, Board of Building Code Appeals and Community Criminal Justice Board. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.A.1. RIVERSIDE REGIONAL JAIL AUTHORITY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. Lane Ramsey, at- large member, and Ms. Mary Ann Curtin, alternate member, to serve on the Riverside Regional Jail Authority, whose terms are effective July 1, 2002 and expire June 30, 2006, and confirmed the appointment of Sheriff Williams for the duration of his term in office, by adopting the following resolution: WHEREAS, Chapter 726 of the 1990 Acts of Assembly created the Riverside Regional Jail Authority (hereinafter "the Authority"); and WHEREAS, that legislation stated that members of the Authority shall serve four year terms; and WHEREAS, the current terms expire June 30, 2002, and the members of the Authority need to be reappointed to new four year terms; and WHEREAS, Chapter 675 of the 1999 Acts of Assembly increased membership of the Authority to fourteen members, consisting of one member appointed by the governing body of each participating locality and the Sheriff of each participating locality; and WHEREAS, the governing bodies have previously appointed alternates to vote when the member is not present, and Chapter 675 of the 1999 Acts of Assembly states that alternates cannot be appointed for the Sheriff member, however, an alternate for the appointed member needs to be reappointed; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Chesterfield County that Lane B. Ramsey is appointed as a member of the Board of the Riverside Regional Jail Authority for a four year term beginning July 1, 2002, and ending June 30, 2006, and that Mary Ann Curtin, Director of Intergovernmental Relations is appointed as an alternate member for the same term. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.A.2. iNDUSTRIAL DEVELOPMENT AUTHORITY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. John Ruckart, representing the Dale District, to serve on the Industrial Development Authority, whose term is effective July 1, 2002 and expires June 30, 2006. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-417 06/26/02 8.A.3. YOUTH SERVICES CITIZEN BOARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed/reappointed the following youth representatives to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2002 and expire June 30, 2003: Ms. Rani English and Ms. Jessica Mears, representing the Bermuda District; Ms. Ashley Bacon-Ward, Ms. Anne Harrison and Ms. Carla Beisheim, representing the Clover Hill District, Mr. Jason Taylor, Mr. Glenn Pierce, Mr. Joe Gayk, representing the Matoaca District; Mr. Paul Pelletier, Jr., Ms. Ashley Smith, Ms. Katherine Watts and Mr. Ryan Vaughan, representing the Dale District; and Ms. Emily Wyatt, Mr. Marc Daniel, Mr. George Tarasidis and Ms. Kim Wray, representing the Midlothian District. And, further, the Board simultaneously nominated/appointed Mr. Kevin Christian, an adult representing the Matoaca District, to serve on the Youth Services Citizen Board, whose term is effective July 1, 2002 and expires June 30, 2005. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.A.4. RICHMOND METROPOLiTAN AUTHORITY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. C. Richard White, at-large member, to serve on the Richmond Metropolitan Authority Board of Directors, whose term is effective July 1, 2002 and expires June 30, 2006. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.A.5. CITIZENS TRANSPORTATION ADVISORY COMMITTEE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. Herbert Richwine and Lt. Michael Murray, at-large members, and Ms. Alison Bartel, alternate member, to serve on the Citizens Transportation Advisory Committee, whose terms are effective July 1, 2002 and expire June 30, 2004. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.A.6. COALITION OF HIGH GROWTH COMMUNITIES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Arthur Warren to serve as the county's representative on the Coalition of High Growth Communities, whose term will be at the pleasure of the Board. (It is noted Mr. Warren will replace Mr. McHale as the county's representative.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.A.7. SOCIAL SERVICES BOARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mrs. Virous Jones and Mr. Bruce Miller, at-large members, to serve on the Social Services Board, whose terms are effective July 1, 2002 and expire June 30, 2006. 02-418 06/26/02 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.A.8. BUILDING CODE APPEALS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed/reappointed Mr. Robert Olsen, representing the Midlothian District, Mr. Wolfgang Webner, representing the Bermuda District, Mr. James Kester, representing the Matoaca District, and Mr. Steven Connor, representing the Dale District, to serve on the Board of Building Code Appeals, whose terms are effective July 1, 2002 and expire June 30, 2005. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.A.9. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed/reappointed The Honorable Frederick G. Rockwell, III, The Honorable Thomas L. Murphey, The Honorable Jerry Hendrick, Jr., Mr. William W. Davenport, Major Garland Stafford, Colonel Carl Baker, Ms. Eileen Brown, Chief Richard Schurman, Sheriff Wave B. Tench and Mr. Raeford W. Walker, to serve on the Community Criminal Justice Board, whose terms are effective July 1, 2002 and expire June 30, 2004. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following streetlight installations: AMHERST SUBDIVISION * Intersection of Amherst Oak Lane and Amherst Ridge Way * Intersection of Amherst Ridge Lane and Amherst Ridge Way * Intersection of Amherst Ridge Loop and Amherst Ridge Way Cost to install all three streetlights: $1,147.86 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C. CONSENT ITEMS 8.C.1. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets 02-419 06/26/02 described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. T~13e Change to the Secondary Syatem of State HIc3hwavs: Addition Beels for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Blrkdale, Section 14 · Ganton Court, State Route Number: 5316 From: Spyglass Hill Cr., ( Rt. 5279) To: Cul-De-Sac, a distance of: 0.09 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 40 Ft. · Kennemer Place, State Route Number: 5317 From: Spyglass Hill Cr., ( Rt. 5279) To: Cul-De-Sac, a distance of: 0.08 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 40 Ft. · Killarney Court, State Route Number: 5318 From: Spyglass Hill Cr., ( Rt. 5279) To: Spyglass Hill Cr., ( Rt. 5279), a distance of: 0.10 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 40 Ft. · Royal Blrkdale Drive, State Route Number: 5021 From: Royal Birkdale BI., ( Rt. 5105) To: Spyglass Hill Cr., ( Rt. 5279), a distance of: 0.04 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 90 Ft. · Spyglass Hill Circle, State Route Number: 5279 From: Royal Birkdale Dr., ( Rt. 5021) To: .02 Mi. E of Royal Birkdale Dr., ( Rt. 5021), a distance of: 0.02 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with e width of 50 Ft. · Spyglass Hill Circle, State Route Number: 5279 From: Royal Birkdale Dr., ( Rt. 5021) To: Spyglass Hill Lp., ( Rt. 5280), a distance of: 0.05 miles. 02-420 06/26/02 Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 50 Ft. · Spyglass Hill Circle, State Route Number: 5279 From: Spyglass Hill Lp., ( Rt. 5280) To: Spyglass Hill Lp., ( Rt. 5280), a distance of: 0.02 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 1 t0; Pg. 38, with a width of 50 Ft. · Spyglass Hill Circle, State Route Number: 5279 From: Spyglass Hill Lp., ( Rt. 5280) To: Ganton Ct., ( Rt. 5316), a distance of: 0.03 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 50 Ft. · Spyglass Hill Circle, State Route Number: 5279 From: Ganton Ct., ( Rt. 5316) To: Kennemer PI., ( Rt. 5317), a distance of: 0.14 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 50 Ft. · Spyglass Hill Circle, State Route Number: 5279 From: Kennemer PI., ( Rt. 5317) To: Killarney Ct., ( Rt. 5318), a distance of: 0.05 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 50 Ft. · Spyglass Hill Circle, State Route Number: 5279 From: Killarney Ct., ( Rt. 5318) To: Killarney Ct., ( Rt. 5318), a distance of: 0.02 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 50 Ft. · Spyglass Hill Loop, State Route Number: 5280 From: Spyglass Hill Cr., ( Rt. 5279) To: Spyglass Hill Cr., ( Rt. 5279), a distance of: 0.06 miles. Right-of-way record was filed on 4/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 38, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of tlhe Circuit Court of Chesterfield County; and WHEREAS, the Resident Department of Transportation streets meet the requirements Engineer for the Virginia has advised this Board the established by the Subdivision 02-421 06/26/02 Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy this resolution be forwarded to the Resident Engineer the Virginia Department of Transportation. Type Change to the Secondary System of State Hi!;Ihways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Hampton Park, Section 7 · Hampton Meadows Court, State Route Number: 4646 From: Hampton Meadows Ln., ( Rt. 4645) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 5/2/2000 with the Office Of Clerk To Circuit Court in Db. 3813; Pb. 571, with a width of 40 Ft. · Hampton Meadows Lane, State Route Number: 4645 From: Hampton Park Dr., ( Rt. 5190) To: Hampton Meadows Ct., ( Rt. 4646), a distance of: 0.06 miles. Right-of-way record was filed on 5/2/2000 with the Office Of Clerk To Circuit Court in Db. 3813; Pb. 571, with a width of 40 Ft. · Hampton Meadows Lane, State Route Number: 4645 From: Hampton Meadows Ct., ( Rt. 4646) To: Hampton Meadows PI., ( Rt. 4647), a distance of: 0.15 miles. Right-of-way record was filed on 5/2/2000 with the Office Of Clerk To Circuit Court in Db. 3813; Pb. 571, with a width of 40 Ft. · Hampton Meadows Lane, State Route Number: 4645 From: Hampton Meadows PI., ( Rt. 4647) To: 0.02 Mi. S of Hampton Meadows PI., ( Rt. 4647), a distance of: 0.02 miles. Right-of-way record was filed on 5/2/2000 with the Office Of Clerk To Circuit Court in Db. 3813; Pb. 571, with a width of 40 Ft. · Hampton Meadows Place, State Route Number: 4647 From: Hampton Meadows Ln., ( Rt. 4645) To: 0.02 Mi. W of Hampton Meadows Ln., ( Rt. 464.5), a distance of: 0.02 miles. Right-of-way record was flied on 5/2/2000 with the Office Of Clerk To Circuit Court in Db. 3813; Pb. 571, with a width of 40 Ft. 02-422 of for 06/26/02 · From: To: Hampton Park Drive, State Route Number: 5190 Otterdale Rd., ( Rt. 667) Hampton Meadows Ln., ( Rt. 4645), a distance of: 0.18 miles. Right-of-way record was filed on 5/2/2000 with the Office Of Clerk To Cimuit Court in Db. 3813; Pb. 571, with a width of 90 Ft. · Hampton Park Drive, State Route Number: 5190 From: Hampton Meadows Ln., ( Rt. 4645) To: 0.01 Mi. W of Hampton Meadows Ln., ( Rt. 4645), a distance of: 0.01 miles. Right-of-way record was filed on 5/2/2000 with the Office Of Clerk To Circuit Court in Db. 3813; Pb. 571, with a width of ~ Ft. And, further, the WHEREAS, the recorded in the Chesterfield County; and WHEREAS, the Resident Department of Transportation streets meet the requirements Street Requirements Transportation. Board adopted the following resolution: streets described below are shown on plats Clerk's Office of the Circuit Court of Engineer for the Virginia has advised this Board the established by the Subdivision AND, BE IT FURTHER RESOLVED, that a certified copy this resolution be forwarded to the Resident Engineer the Virginia Department of Transportation. Tvoe Chanae to the Secondary System of State HIGhwaYs: Ad~ltl0n Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Hampton Park, Section 9 · Hampton Meadows Lane, State Route Number: 4645 From: 0.02 Mi. S of Hampton Meadows PI., ( Rt. 4647) To: 0.27 Mi. W of Hampton Meadows PI., ( Rt. 4647), a distance of: 0.25 miles. Right-of-way record was filed on 11/22/2000 with the Office Of Clerk To Circuit Court in Pb. 114; Pg. 43, with a width of 40 Ft. · Hampton Meadows Place, State Route Number: 4647 From: 0.02 Mi. W of Hampton Meadows Ln., ( Rt. 4645) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 11/22/2000 with the Office Of Clerk To Circuit Court in Pb. 114; Pg. 43, 02 -4,23 of for 06/26/02 pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, of the Virginia Department of with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Change to the Secondary System of State Highways: Addition Basis for Change: Statutory Reference: Addition, New subdivision street Project: Gravity Hill at the Grove, Section 3 Goewlck Ridge Court, State Route Number: 4759 From: Goswick Ridge Rd., ( Rt. 5475) To: Goswick Ridge Rd., ( Rt. 5475), a distance of: 0.05 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 56, with a width of 130 Ft. Goswlck Ridge Place, State Route Number: 4758 From: Goswick Ridge Rd., ( Rt. 5475) To: Goswick Ridge Rd., ( Rt. 5475), a distance of: 0.06 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 56, with a width of 130 Ft. Goswlck Ridge Road, State Route Number: 5475 From: 0.02 Mi. S of Gravity Hill Ln, ( Rt. 5477) To: Goswick Ridge Ct., ( Rt. 4759), a distance of: 0.02 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 56, with a width of 40 Ft. Goswlck Ridge Road, State Route Number: 5475 From: Goswick Ridge Ct., ( Rt. 4759) To: Goswick Ridge Ct., ( Rt. 4759), a distance of: 0.02 miles. 02-42~ 06/26/02 Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Cimuit Court in Pb. 11 O; Pg. 56, with a width of 40 Ft. · Goswick Ridge Road, State Route Number: 5475 From: Goswick Ridge Ct., ( Rt. 4759) To: Goswick Wy., ( Rt. 4754), a distance of: 0.02 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 56, with a width of 40 Ft. · Goswick Ridge Road, State Route Number: 5475 From: Goswick Wy., ( Rt. 4754) To: Goswick Ridge PI., ( Rt. 4758), a distance of: 0.06 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 56, with a width of 40 Ft. · Goswick Ridge Road, State Route Number: 5475 From: Goswick Ridge PI., ( Rt. 4758) To: Goswick Ridge PI., ( Rt. 4758), a distance of: 0.02 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Co[~rt in Pb. 110; Pg. 56, with a width of 40 Ft. · Goswick Ridge Road, State Route Number: 5475 From: Goswick Ridge PI., ( Rt. 4758) To: Goswick Wy., ( Rt. 4754), a distance of: 0.17 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 56, with a width of 40 Ft. · Goswick Ridge Road, State Route Number: 5475 From: Goswick Wy., ( Rt. 4754) To: 0.06 Mi N of Goswick Wy., ( Rt. 4754), a distance of: 0.06 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 56, with a width of 40 Ft. · Goswick Way, State Route Number: 4754 From: Goswick Ridge Rd., ( Rt. 5475) To: Goswick Ridge Rd., ( Rt. 5475), a distance of: 0.08 miles. Right-of-way record was filed on 4/18/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 56, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Department of Transportation streets meet the requirements Engineer for the Virginia has advised this Board the established by the Subdivision 02-425 06/26/02 Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chan~le to the Secondary System of State Highways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Hawkins Wood at the Grove, Section 2 · Hawkins Park Road (North), State Route Number: 4791 From: Hawkins Wood Cr., ( Rt. 5472) To: Hawkins Wood Cr., ( Rt. 5472), a distance of: 0.09 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of Variable · Hawkins Park Road (South), State Route Number: 4792 From: Hawkins Wood Cr., ( Rt. 5472) To: Hawkins Wood Cr., ( Rt. 5472), a distance of: 0.08 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of Variable · Hawkins Wood Circle, State Route Number: 5472 From: 0.06 Mi. S of Hawkins Wood Ct., ( Rt. 5473) To: Hawkins Park Rd., ( Rt. 4791 & Rt. 4792), a distance of: 0.03 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Hawkins Wood Circle, State Route Number: 5472 From: Hawkins Park Rd., ( Rt. 4791 & Rt. 4792) To: Hawkins Park Rd., ( Rt. 4791 & Rt. 4792), a distance of: 0.21 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Hawkins Wood Circle, State Route Number: 5472 From: Hawkins Park Rd., ( Rt. 4791 & Rt. 4792) To: 0.5 Mi. S of Hawkins Wood Ln., ( Rt. 5474), a distance of: 0.04 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk 'Fo Circuit Court in Pb. 107; Pg. 47, 02-426 this Board guarantees as described, and any drainage. 06/26/02 with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT the Virginia Department of RESOLVED, that; this Board requests Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy this resolution be forwarded to the Resident Engineer the Virginia Department of Transportatioln. Tvoe ChanGe to the Secondary System of State HiQhwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Krim Point at the Grove, Section 1 · Blggin Pond Lane, State Route Number: 5481 From: 0.04 Mi. W of Biggin Pond Rd., ( Rt. 5480) Addition To: Krim Point Lp., ( Rt. 4762), a distance of: 0.03 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krim Point Lane, State Route Number: 4764 From: Grove Hill Rd., ( Rt. 5471) To: Krim Point Rd., ( Rt. 4763), a distance of: 0.02 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 70 Ft. · Krim Point Lane, State Route Number: 4764 From: Krim Point Rd., ( Rt. 4763) To: Krim Point Lp., ( Rt. 4762), a distance of: 0.04 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 44Ft. · From: To: Krlm Point Loop, State Route Number: 4762 Biggin Pond Ln., ( Rt. 5181) Krim Point Ln., ( Rt. 4764), a distance of: 0.03 miles. 02-42? of for 06/26/02 Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krim Point Loop, State Route Number: 4762 From: Krim Point Ln., ( Rt. 4764) To: Krim Point Rd., ( Rt. 4763), a distance of: 0.10 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krlm Point Loop, State Route Number: 4762 From: Krim Point Rd., ( Rt. 4763) To: Krim Point Wy., ( Rt. 4761), a distance of: 0.03 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Cimuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krlm Point Loop, State Route Number: 4762 From: Krim Point Wy., ( Rt. 4761) To: .02 N of Krim Point Wy., ( Rt. 4761), a distance of: 0.02 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krim Point Loop, State Route Number: 4762 From: Krim Point Wy., ( Rt. 4761) To: .02 N of Krim Point Wy., ( Rt. 4761), a distance of: 0.02 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krlm Point Loop, State Route Number: 4762 From: Krim Point Wy., ( Rt. 4761) To: Biggin Pond Ln., ( Rt. 5481), a distance of: 0.03 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krlm Point Road, State Route Number: 4763 From: Krim Point Ln., ( Rt. 4764) To: Krim Point Rd. Circle ( Rt. 4699), a distance of: 0.08 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krlm Point Road, State Route Number: 4763 From: Krim Point Rd. Circle ( Rt. 4699) To: Krim Point Rd. Circle ( Rt. 4699), a distance of: 0.02 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krlm Point Road, State Route Number: 4763 02-428 06/26/02 From: Krim Point Rd. Circle ( Rt. 4699) To: Krim Point Lp., ( Rt. 4762), a distance of: 0.05 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. · Krim Point Road Circle, State Route Number: 4699 From: Krim Point Rd., ( Rt. 4763) To: Krim Point Rd., ( Rt. 4763), a distance of: 0.01 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of Variable · Krim Point Way, State Route Number: 4761 From: Krim Point Lp., ( Rt. 4762) To: Krim Point Lp., ( Rt. 4762), a distance of: 0.09 miles. Right-of-way record was filed on 10/5/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 47, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department' s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TYPe Chancre to the Secondary System of State Hiahwavs: A~ld!tiqn Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Rlverton, Section E · Waterswatch Court, State Route Number: 5423 From: Waterswatch Dr., ( Rt. 5422) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 3/24/1999 with the Office Of Clerk To Circuit Court in Pb. 104; Pg. 8, with a width of 40 Ft. 02-429 06/26/02 From: To: Waterswatch Drive, State Route Number: 5422 0.06 Mi. N Riverton Ridge Dr., ( Rt. 5418) Waterswatch Ct., ( Rt. 5423), a distance of: 0.13 miles. Right-of-way record was filed on 3/24/1999 with the Office Of Clerk To Circuit Court in Pb. 104; Pg. 8, with a width of 40 Ft, · Waterswatch Drive, State Route Number: 5422 From: Waterswatch Ct., ( Rt. 5423) To: Cul-de-sac, a distance of: 0.21 miles. Right-of-way record was filed on 3/24/1999 with the Office Of Clerk To Circuit Court in Pb. 104; Pg. 8, with a width of 40 Ft. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.2. ADOPTION OF RESOLUTIONS 8.C.2 .&. RECOGNIZING MRS. MARY A. BELCHER, ACCOUNTING DEPARTMENT, UPON HER RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mrs. Mary A. Belcher retired on November 1, 2001 after providing over twenty-five years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mrs. Belcher accepted employment with the Accounting Department originally in 1976 as a full-time Principal Account Clerk; and WHEREAS, Mrs. Belcher saw Accounts Payable through many changes in her twenty-five years in this area; and WHEREAS, Mrs. Belcher has witnessed the growth of Chesterfield County, from County expenditures paid by accounts payable checks of approximately $46 million in 1977 to more than $350 million currently; and WHEREAS, Mrs. Belcher witnessed the growth of technology in Accounting, from a manual check writing process to an automated check writing process with a personal computer on each desk; and WHEREAS, Mrs. Belcher provided a high level of customer service when working with county and school customers, looking for better ways to serve them, and often going out of her way to meet a need; and WHEREAS, Mrs. Belcher demonstrated team work by her willingness to assist others and ].end a helping hand; and WHEREAS, Mrs. Belcher has a vast wealth of knowledge and her memory of past events is a valuable resource that will be greatly missed; and WHEREAS, Mrs. Belcher displayed a toward her co-workers; and caring attitude 02-430 06/26/02 WHEREAS, Mrs. Belcher has demonstrated her loyalty to Chesterfield County through her dedication and conscientiousness. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mrs. Mary A. Belcher and extends its appreciation for over twenty-five years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long a~nd happy retirement. Ayes: Miller, Warren, Barber, Humphrey a~nd McHale. Nays: None. 8 .C.2 .b. RECOGNIZING MS. SUZAN E. CRAIK, EXTENSION AGENT, UPON HER RETIREMENT On motion of Mr. McHale, seconded by Mir. Barber, the Board adopted the following resolution: WHEREAS, Ms. Suzan E. Craik Chesterfield County in 1980; and began her career in WHEREAS, Ms. Craik has coordinated Environmental Education programs for Virginia Cooperative Extension for 27 years, and for the past 22 years in Chesterfield County; and WHEREAS, Ms. Craik was responsible for initiating Keep Chesterfield County Clean as a volunteer organization to promote litter prevention and recycling in 1980; and WHEREAS, Ms. Craik has recruited, trained and managed hundreds of volunteers whose efforts have made a positive impact on the environmental quality in Chesterfield County; and WHEREAS, Ms. Craik coordinated and conducted the first Household Hazardous Waste Collection Day in 1986; and WHEREAS, Ms. Craik's programs have been recognized nationally, including First Place in the nation for Take Pride in America in 1993; 18 National Association of County Agricultural Agent Public Information Awards; and five National Association of Counties (NACo) Achievement Awards, to name a few; and WHEREAS, Ms. Craik's standing with her peers was recognized in 2000 when she was awarded the National Distinguished Service Award by her profession's association. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of supervisors recognizes Ms. Suzan E. Craik, expresses appreciation for her dedicated service to the county, and extends congratulations upon her retirement and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.2.C. RECOGNIZING MR. JOSEPH H. "SKIP" TODD, EXTENSION AGENT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mr. Joseph H. "Skip" Todd began his career in Chesterfield County in October of 1978; and WHEREAS, Mr. Todd has coordinated 4-H programs for Virginia Cooperative Extension for 30 years, and for the 02-431 06/26/02 past 24 years in Chesterfield County; and WHEREAS, Mr. Todd has recruited, trained and managed hundreds of volunteers whose efforts have had an impact on thousands of boys and girls in the county; and WHEREAS, Mr. Todd was responsible for initiating Natural Resource Field Days; summer 4-H Veterinary Science workshops; and an after-school help line called 4-H PHONE FRIENDS; and WHEREAS, Mr. Government since students get a government; and Todd has coordinated Model County 1997, helping hundreds of Chesterfield closer look at the workings of local WHEREAS, Mr. Todd has been responsible for overseeing the work of a technician whose programs target "at risk" youth in the Jefferson Davis Corridor; and WHEREAS, Mr. Todd's standing with his peers was recognized when he was elected President of the Virginia Extension Service Association in 1985, representing Extension professionals from throughout Virginia. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Joseph H. ~Skip" Todd, expresses appreciation for his dedicated service to the county, and extends congratulations upon his retirement and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.2.d. RECO(~NIZING SPECIAL POLICE OFFICER JOSEPH L. PAPE UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Lieutenant Joseph L. Pape retired from the Chesterfield County Special Police Department on January 4, 2002; and WHEREAS, Lieutenant Pape provided 22 years of volunteer service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Pape has faithfully served the county in the capacity of Special Police Officer, Special Police Sergeant and Special Police Lieutenant; and WHEREAS, Lieutenant Pape was recognized as Special Police Officer of the Year during the years of 1986 and 1988; and WHEREAS, Lieutenant Pape has volunteered approximately 465 hours per year; and WHEREAS, Lieutenant Pape has provided the Chesterfield County Police Department with many years of loyal and dedicated volunteer service; and WHEREAS, Chesterfield County and the Board Supervisors will miss Lieutenant Pape's diligent service. of 02-432 06/26/02 NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Lieutenant Joseph L. Pape, and extends on behalf of its members and the citizens of Chesterfield County appreciation for his service to the county, congratulations upon his retirement and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey alnd McHale. Nays: None. 8 .C.2 .e. RECOGNIZING MR. RALPH L. MENDENHALL, SOIL SCIENTIST, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mr. Ralph L. Mendenhall retired from Virginia Polytechnic Institute and State University on May 31, 2002 after faithfully serving Chesterfield County and its citizens in the capacity of Soil Scientist beginning in May 1974 with the Health Department and beginning in July 1986 with the Environmental Engineering Department; and WHEREAS, Mr. Mendenhall, elected to a three-year term, served as Director of the James River Soil and Water Conservation District from 1989 through 1991; and WHEREAS, Mr. Mendenhall worked tirelessly assisting citizens and developers with concerns over shrink-swell soils; and WHEREAS, Mr. Mendenhall actively participated in the establishment of Resource Protection Areas and the opt-out program for the Chesapeake Bay Preservation Act; and WHEREAS, Mr. Mendenhall participated in the establishment of licensing Soil Scientists through the Department of Professional and Occupational Regulation; and WHEREAS, Mr. Mendenhall provided to the County Site Selection Committee indispensable soil suitability studies; and WHEREAS, Mr. Mendenhall has worked tirelessly to offer uncompromising customer service to thousands of individual county residents by providing expertise in the resolution of subsurface drainage problems; and WHEREAS, in response to changing technology, Mr. Mendenhall began digitizing the soil maps as an additional layer to the Geographic Information System; and WHEREAS, Mr. Mendenhall has consistently exemplified the qualities of professionalism, trust, commitment, integrity, honor, humility and teamwork in the performance of his duties. WHEREAS, Mr. Mendenhall has provided the Chesterfield County Health and Environmental Engineering Departments with 28 years of loyal and dedicated service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Ralph L. Mendenhall, expresses the appreciation of all residents for his contributions to the county, and extends appreciation 02-433 06/26/02 for his dedicated service, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.2.f. RECOGNIZING JUNE 2002, AS "NATIONAL HOMEOWNERSHIP MONTH" On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, homeownership is the American Dream, and it is close to the heart of Chesterfield County; and WHEREAS, there is a special power in a neighborhood where most families own their homes, and a new homeowner receives a key that does more than unlock a door - it represents a place where children can grow, learn and feel safe; an opportunity to save money and build equity for the future; and a sense of stability and belonging to the greater community; and WHEREAS, just as it builds strong families, homeownership is the building block of strong communities, too; and WHEREAS, thanks to the prosperity this nation has enjoyed over the past decade, more Americans are homeowners today than at any time in our history; even so, less than half of African-Americans and Hispanic families own their own homes; and WHEREAS, Chesterfield County is committed to helping more citizens - especially those who have been shut out in the past - know the joy, the financial security, and the sense of community that comes with owning their own home; and WHEREAS, the Department of Housing and Urban Development is providing families with tools and information they can use to overcome the barriers that deny homeownership to many Americans; and WHEREAS, homeownership is good for the homebuyer, Chesterfield County and our country - it is the American Dream, and during ~National Homeownership Month," we rededicate ourselves to that dream and to every American who seeks to achieve it. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes June 2002, as ~National Homeownership Month" and calls upon all our citizens to join in recognizing the importance of providing every citizen with the opportunity to achieve their own American Dream. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-434 06/26/02 8.C.3. SET DATES FOR PUBLIC HEARINGS 8.C.3.&. TO CONSIDER APPROVAL OF THE PARKS AND RECREATION MASTER PLAN On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of July 24, 2002 at 7:00 p.m. for a public hearing to consider approval of the Parks and Recreation Master Plan and removal of the old plan from The Plan For Chesterfield. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.3.b. TO CONSIDER ADOPTION OF AN ORDINANCE TO COLLECT SHERIFF'S FEES FOR (a) CRIMINAL AND TRAFFIC CONVICTIONS, AND (b) JAIL PROCESSING On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of July 24, 2002 at 7:00 p.m. for a public hearing to consider adoption of an ordinance to collect two new Sheriff's fees as part of court costs in criminal and traffic convictions. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.4. AWARD OF ENGINEERING CONTRACT TO DELTA AIRPORT CONSULTANTS FOR PROVIDING ENGINEERING SERVICES TO T~R AIRPORT On motion of Mr. McHale, seconded by Mir. Barber, the Board awarded an engineering contract to Delta Airport Consultants for providing engineering services to the Airport and authorized the County Administrator to execute the five-year contract and all engineering agreements for the remainder of the contract. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.7. APPROVAL OF REVISED EDITION OF THE CHESTERFIELD COUNTY AIRPORT MINiMUM STANDARDS DOCUMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the May 9, 2002 revised edition of the Chesterfield County Airport Minimum Standards document. (It is noted a copy of the revised document is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey alnd McHale. Nays: None. 8.C.8. TRANSFER OF DISTRICT IMPROVEMENT FUNDR 8.C.8.&. FROM THE MATOACA DISTRICT IMPRO~NT FUND TO TW~ SCHOOL BOARD TO PURCHASE A REEL MOWER FOR MANCHESTER HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $2,000 from the Matoaca District Improvement Fund to the School Board to purchase a reel mower for Manchester High School. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-435 06/26/02 8.C.8.b. FROM TN~ MATOACA, CLO~ER HILL AND MIDLOTHIAN DISTRICT IMPROVEMENT ~JNDS TO THE PARKS AND RECREATION DEPARTMENT TO ESTABLISH A SUMMER AFTERNOON PLAYGROUND ~AMP AT CRENSHAW ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $1,000 each from the Matoaca, Clover Hill and Midlothian District Improvement Funds ($3,000 total) in FY2003 to the Parks and Recreation Department FY2003 budget to establish a summer afternoon playground camp at Crenshaw Elementary School. Ayes: Miller, Warren, Barber, HUmphrey and McHale. Nays: None. 8.C.9. AUTHORIZATION TO A~ND ~ND EXTEND THE CONTRACTS FOR SOLID WASTE SERVICES ATiTHE NORTHERN AREAAND THE SOUTHERN AREATRANSFER STATIONS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to amend and extend the solid waste transfer and disposal contracts with the Central Virginia Waste Management Authority and Waste Management Incorporated for services at the Northern Area Transfer Station; and Shoosmith Brothers, Incorporated for services at the Southern Area Transfer Station. And, further, the Board authorized the creation of two full- time positions in General Services Solid Waste and the appropriation of $60,000 forFYi003. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.10. CONFIRMATION OF ACTIONiBY COUNTY ADMINISTRATOR TO AMEND THE MILITARY LEA~E ADMINISTRATIVE PROCEDURE TO PAY ACTIVE DUTY EMPLOYEES THE DIFFERENCE BETWEEN THEIR MILITARY PAY AND iTHEIR COUNTY PAY FROM JULY 1, 2002 THROUGH SEPTEMBER 30, 2002 On motion of Mr. McHale, seconded by Mr. Barber, the Board confirmed the action of the County Administrator to amend the Military Leave Administrative Procedure to pay active duty employees the difference betweeD their military pay and their county pay from July 1, 2002 through September 30, 2002. Ayes: Miller, Warren, Barber, HUmphrey and McHale. Nays: None. 8.C.11. REQUESTS FOR PERMISSION 8.C.11.a. FROM BEL ARBOR BUILD~RS, INCORPORATED TO CONSTRUCT A WOODEN FOOTBRIDGE OVER A TWENTY-SIX-FOOT DRAINAGE EASEMENT ACROSS LOT 22, BEL ARBOR SUBDIVISION ~ On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Bel Arbor Builders, Incorporated for permission to construct a wooden footbridge over a twenty-six foot drainage easement across Lot 22, Bel Arbor Subdivision, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-436 06/26/02 8.C.11.b. FROM FRANCIS JOSEPH BORELLI AND PATRICIA S. WILSON TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON OLD STAGE ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Francis Joseph Borelli and Patricia S. Wilson for permission to install a private water service within a private easement to serve property at 13312 Old Stage Road, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8 .C.11.c. FROM E. SCOTT HOWERTONAND LISA HOWERTON TO CONSTRUCT A WOODEN RETAINING WALL AND DRIVEWAY WITHIN A PORTION OF A TWENTY-FOOT DRAINAGE EASEMENT ACROSS LOT 15, BLOCK D, DEERWOOD, SECTION C On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from E. Scott Howerton and Lisa Howerton for permission to construct a wooden retaining wall and driveway within a portion of a twenty-foot drainage easement across Lot 15, Block D, Deerwood, Section C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8 .C.11.d. FROM DARLENE C. VANLAAN TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A PORTION OF A FIFTY-FOOT UNIMPROVED RIGHT OF WAY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Darlene C. Vanlaan for permission to construct a fifteen-foot gravel driveway within a portion of a fifty-foot unimproved right of way for a proposed dwelling, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey alnd McHale. Nays: None. 8 .C.11.e. FROM THOMAS L. ASHBRID~E, IV AND DANIELLE E. ASHBRID~E TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON OLD GUN ROAD EAST On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Thomas L. Ashbridge, IV and Danielle E. Ashbridge for permission to install a private water service within a private easement to serve property at 3510 Old Gun Road East, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-437 06/26/02 8.C.12. ACCEPTANCE OF PARCELS OF LAND 8.C.12.&. ALONG THE WEST RIGHT OF WAY LINE OF HULL STREET ROAD FROM WAGGING TAILS KENNEL, INCORPORATED On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land containing a total of 0.075 acres along the west right of way line of Hull Street Road (US Route 360) from Wagging Tails Kennel, Incorporated, 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.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.12.b. ALONG THE WEST RIGHT OF WAY LINE OF HULL STREET ROAD FROM BRANDERMILL HOTEL, LLC On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.123 acres along the west right of way line of Hull Street Road (US Route 360) from Brandermill Hotel, LLC, 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.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.12.c. ALONG THE NORTH RIGHT OF WAY LINE OF BIG OAK LANE FROM DAVID P. DEMPSEY On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 31.63 square feet along the north right of way line of Big Oak Lane (State Route 815) from David P. Dempsey, 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.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.12.d. ALONG THE WEST RIGHTi OF WAY LINE OF RUTHERS ROAD FROM CAROL C. ANDERSON On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.019 acres along the west right of way line of Ruthers Road (State Route 733) from Carol C. AnderSon, 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.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.12 .e. FOR THE EXTENSION OF BAILEY BRID~E ROAD FROM EUGENE C. AUTRY AND K. REED SCHWEICKERT, JR. On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 3.344 acres for the extension of Bailey Bridge Road from Eugene C. Autry and K. Reed Schweickert, Jr., 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.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-438 06/26/02 8.C.13. REQUEST TO VACATE AND REDEDICATE A SIXT~-FOOT WATER EASEMENT ACROSS TNE PROPERTY OF CUT AND SU~ L.C., TRADING AS TWIN RIVERS INDUSTRIAL PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement to vacate and rededicate a sixteen-foot water easement across the property of Cut and Sue, L.C., trading as Twin Rivers Industrial Park. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.14. REQUEST TO QUITCLAIM A VARIABLE WIDTH STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICES EASEMENT AN~ VARIABLE WIDTH STORM WATERMANAGEM~NT/BEST MANAGEMENT PRACTICES ACCESS EASEMENT ACROSS PROPERTY OF AP PROPERTIES, L.P. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width SWM/BMP easement and a w~riable width SWM/BMP access easement across the property of AP Properties, L.P. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.15. AWARD OF CONSTRUCTION CONTRACT FOR THE HOPKINS ROAD WATERLINE REHABILITATION PHASE 2 PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract in the amount of $117,790 to Godsey and Sons, Incorporated for County Project Number 01- 0135, Hopkins Road Waterline Rehabilitation Phase 2; appropriated $130,000 from the water fund balance; and authorized the County Administrator to execute the necessary documents. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.16. CONSIDERATION OF A REQUEST OF U. S. FILTER CORPORATION FOR MODIFICATION OF THE AIRPORT INDUSTRIAL PARK RESTRICTIVE COVENANTS TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR PARKING AND DRIVEWAYS FROM 50 FEET TO 30 FEET AND TO ALLOW LOADING AREAS AND LOADING DOORS TO BE ORIENTED TOWARD A PUBLIC RIGHT OF WAY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request of U.S. Filter Corporation for modification of the Airport Industrial Park Restrictive Covenants to reduce the minimum front yard setback for parking and driveways from 50 feet to 130 feet and to allow loading areas and loading doors to be oriented toward a public right of way. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-439 06/26/02 8.C.17. APPROVAL OF THE NAMING OF THE ARBORETUM AT ROCKWOOD PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the naming of the Arboretum at Rockwood Park, the "Richard A. Nunnally Arboretum." Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.18. APPROVAL OF VEHICLE LEASES WITH ETTRICK-MATOACA VOLUNTEER RESCUE SQUAD AND MANCHESTER VOLUNTEER RESCUE SQUAD On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute vehicle leases with Ettrick-Matoaca Volunteer Rescue Squad and Manchester Volunteer Rescue Squad in a form approved by the County Attorney. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.19. APPROVAL OF CHANGE ORDER~ APPROPRIATION OF ANTICIPATED STATE REIMBURSEMENT FUNDS~ AND TRANSFER OF AVAILABLE FUNDS TO THE CONSTRUCTION CONTRACT WiTH HALEY BUILDERS CONSTRUCTION COMPANY FOR THE AIRPORT TERMINAL BUILDING ADDITION/RENOVATION PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a change order, in the amount of $106,420, with Haley Builders Construction Company; approved the appropriation of $66,108 in anticipated state grant reimbursement; and approved a transfer of $78,600 in available funds from the completed Circuit/General District Courthouse Improvement Project for the Airport Terminal Addition/Renovation Project. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.20. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE BENEFITS CONSULTING CONTRACTS FOR FY2003 WITH MERCER HUMAN RESOURCES CONSULTING AND PALMER AND CAY CONSULTING GROUP On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into benefits consulting contracts with Mercer Human Resources Consulting and Palmer and Cay Consulting Group. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.21. AUTHORIZATION TO AMEND THE COUNTY'S FISCAL SERVICES AGREEMENT WITH THE GREATER RICHMOND CONVENTION CENTER AUTHORITY On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to amend the Fiscal Services Agreement with the Greater Richmond Convention Center Authority. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-440 06/26/02 8.C.22. APPROVAL OF AMENDMENT TO CONTRACT WITH COLONIAL HEIGHTS FOR CONSTRUCTION COSTS AND JUVENILE DETENTION SERVICES AT THE CHESTERFIELD COUNTY JUVENILE DETENTION HOME On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute the amendment to the existing agreement with Colonial Heights for construction costs and juvenile detention services at the Chesterfield County Juvenile Detention Home. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. The following items were removed from the Consent Agenda for Board discussion: 8 .C.2 .g. APPROVING THE FINANCING OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF CAPITAL iMPROVEMENT PROJECTS Mr. Barber inquired about the postponement of the lease purchase financing. Ms. Dickson stated that the lease purchase transaction was postponed because of the timing of the projects. She further stated that the County Complex Road Project has begun and the requested action will allow the county to reimburse the General Fund when bonds are sold in FY2003. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, TO APPROVE THE FINANCING OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF CAPITAL IMPROVEMENT PROJECTS FOR THE COUNTY, INCLUDING A JUVENILE DETENTION HOME EXPANSION AND RENOVATION, A COUNTY COMPLEX ROADS PROJECT, A COUNTY JAIL REPLACEMENT, A COMMUNITY DEVELOPMENT BUILDING, A FINANCIAL/HUMAN RESOURCES INFORMATION SYSTEM AND PARK IMPROVEMENTS, THROUGH THE ISSUANCE AND FROM THE PROCEEDS OF NOT TO EXCEED $12,000,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION EVIDENCING UNDIVIDED INTERESTS IN THE RENTAL PAYMENTS TO BE MADE BY THE COUNTY, AS LESSEE, UNDER A REAL PROPERTY LEASE/PURCHASE AGREEMENT, AND TO AUTHORIZE THE REIMBURSEMENT FROM THE PROCEEDS OF SUCH CERTIFICATES OF PARTICIPATION OF EXPENDITURES TO BE MADE BY THE CO%~TY IN ADVANCE OF THE ISSUANCE AND RECEIPT OF THE PROCEEDS OF SUCH CERTIFICATES OF PARTICIPATION BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS: SECTION 1. The Board of Supervisors (the "Board of Supervisors") of the County of Chesterfield, Virginia (the "County") hereby approves the financing of the acquisition, construction, installation, financing and equipping of capital improvement projects for the County, including a juvenile detention home expansion and renovation, a County complex roads project, a County jail replacement, a community development building, a financial/human resources information system and park improvements (collectively, the "Projects"), through the issuance and from the proceeds of an issue of not to exceed $12,000,000 principal amount of Certificates of Participation. The Certificates of Participation will represent undivided interests in the rental payments to be 02-441 06/26/02 made by the County, as lessee, under a Real Property Lease/Purchase Agreement pursuant to which the County, as lessee, will lease the Projects. The rental payments to be made by the County under the Real Property Lease/Purchase Agreement will be subject to appropriation by the Board of Supervisors. SECTION 2. The Board of Supervisors hereby authorizes the County to make expenditures on the Projects in advance of the issuance and receipt of the proceeds of the Certificates of Participation and to reimburse such expenditures from the proceeds of the Certificates of Participation. The adoption of this resolution shall be considered as an "official intent" within the meaning of Treasury Regulation Section 1.150-2, promulgated under the Internal Revenue Code of 1986. SECTION 3. adoption. This resolution shall take effect upon its Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.5. APPROVAL OF FY2002 YEAR END ADJUSTMENTS Discussion ensued relative to the adjustment for overspending at the Riverside Regional Jail. Ms. Dickson stated that the adjustment is necessary because the inmate population is larger than anticipated. There was brief discussion relative to the reduction in the transfer of state sales tax revenue to the School Board. Mr. Ramsey stated that the adjustment reflects a downturn in the retail sales across the state and is distributed to all school systems based on school-age population. When asked, Ms. Dickson stated that it is the typical process to transfer unspent appropriations and use of surplus revenue to increase appropriations for departments that otherwise would have exceeded budgeted expenditures. Mr. Ramsey stated that staff projected a $4 million deficit in the fall of 2001. He further stated that initiatives to balance the budget included restricting travel, curtailing capital purchases and holding vacant positions open. Mr. Barber stated that state budget revenue projections are still bleak and requested that the Board be provided additional information relative to revenue projections and initiatives for balancing the FY2003 budget. Ms. Dickson stated that the Budget staff prepares quarterly projections and noted that Mr. Ramsey has extended the restrictions on travel, capital purchases and position vacancies into the first quarter of FY2003. On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated revenues and expenditures, up to $425,952, for specific programs as well as authorized reallocations among general fund departments and related funds as outlined in the papers of this Board. And, further, the Board appropriated revenues and expenditures, up to $492,071, and authorized other adjustments for specific programs and non-general fund departments as outlined in the papers of this Board. And, further, the Board authorized the County Administrator to reserve and appropriate into FY2003 unspent FY2002 02-442 06/26/02 appropriations, contingent upon the positive results of operations within individual departments and countywide, as determined by the county's financial audit as outlined in the papers of this Board. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR C__LAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following reports: A report on Developer Water and Sewer Co~ntracts; and a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ABANDONMENT LENGTH WALTHALL INDUSTRIAL PARKWAY (Effective 5/8/02) Woods End Road (Route 1137) - From 0.05 mile southeast to Walthall Industrial Parkway (Route 3748) to 0.21 mile southwest of Woods Edge Road (Route 620) -0.16 Mi Woods End Road (Route 1137) - From Woods Edge Road (Route 620) to 0.05 mile southeast to Walthall Industrial Parkway (Route 3748) -0.05 Mi ADDITION MCCORMICK WOODS, SECTION B (Effective 5/23/02) Fox Maple Court (Route 4577) - From Fox Maple Terrace (Route 4576) to Cul-de-sac 0.07 Mi Fox Maple Terrace (Route 4576) - From Fox Maple Court (Route 4577) to Cul-de-sac 0.07 Mi Fox Maple Terrace (Route 4576) - From Hampton Avenue (Route 1315) to Fox Maple Court (Route 4577) 0.07 Mi WALTHALL INDUSTRIAL PARKWAY (Effective 5/8/02) Walthall Industrial Parkway (Route 3748) - From Woods Edge Road (Route 620) to 0.08 mile south of Woods Edge Road (Route 620) 0.08 Mi Walthall Industrial Parkway (Route 3748) - From 0.08 mile south of Woods Edge Road (Route 620) to 0.36 mile southeast of Woods Edge Road (Route 620) 0.28 Mi Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02 -443 06/26/02 10.D. CLOSED SESSION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board went into Closed Session pursuant to Section 2.2-3711(A) (1), Code of Virqinia, 1950, as amended, relating to the reassignment of a department director. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed 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 Closed 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 Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed 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. Mrs. Humphrey: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. Miller: Aye. 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: 12. INVOCATION Reverend Ty Cope, Pastor of RiverSouth Community Church, gave the invocation. 13. PLeDgE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Ms. Anita J. Hernandez led the pledge of allegiance. 02-444 06/26/02 RESOLUTIONS AND SPECIAL RECOGNITIONS 14 .B. RECOGNIZING JAMES RIVER HIGH SCHOOL FOR ITS OUTSTANDING LIBRARY MEDIA PROGRAM Mr. Stegmaier introduced Principal John Titus, Librarian Ann Martin, and Assistant Librarian Ann Reinke, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, educational success is the cornerstone of a productive community; and WHEREAS, Chesterfield County prides itself on its outstanding public schools and the manner in which they serve our communities; and WHEREAS, James River High School has been selected to receive the 2002 National School Library Media Program of the Year Award presented by the American Library Association; and WHEREAS, James River High School has the distinction of being the only school in the nation to receive the award this year; and WHEREAS; the award recognizes the school's exemplary library media program, which is fully integrated with the school's curriculum; and WHEREAS, the school will receive a $9,000 grant, to be presented at the American Library Association conference in Atlanta in June; and WHEREAS, this award brings distinction not only to James River High School, but to all Chesterfield County schools; and WHEREAS, this award recognizes the outstanding work of the faculty and staff of James River High School, particularly of the library staff. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the faculty and staff of James River High School, congratulates them on this exceptional accomplishment and commends all those involved in achieving this recognition, and wishes the school's faculty, staff, students and their families continued success. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber presented executed resolutions to Mr. Titus, Ms. Martin, and Ms. Reinke and commended them on the outstanding media program provided at James River High School. Ms. Martin and Ms. Reinke each expressed appreciation to Mr. Titus and the faculty and students at James River for their support. 02 -445 06/26/02 14.C. RECOgNIZiNG JAMES RIVER HIGH SCHOOL'S CREATIVE WRITING TEAM FOR ITS OUTSTANDING ACCOMPLISHMENT Mr. Stegmaier introduced Principal John Titus and members of the James River High School Creative Writing Team who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County prides outstanding public schools; and itself on its WHEREAS, the county also takes great pride in the young men and women who are students in those schools; and WHEREAS, Megan Bergthold, Mike James, Jane Beall, Samantha Kittle, Lark Myers and Lindsay McCook are students at James River High School; and WHEREAS, these students comprise the school's Creative Writing Team; and WHEREAS, Dr. Nancy Parrish is the team's sponsor; and WHEREAS, the team competed in the 2001-2002 Virginia High School League AAA State Championship in Creative Writing; and WHEREAS, and the team won this challenging championship; WHEREAS, this award brings distinction not only to the members of the Creative Writing Team, but to James River High School as well; and WHEREAS, recognition. such achievement is worthy of appropriate NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the James River High School Creative Writing Team, congratulates the members of the team on their outstanding accomplishment, commends Dr. Nancy Parrish, the team's sponsor, for her excellent leadership, and wishes the students continued success in their creative writing endeavors. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber presented executed resolutions to Mr. Titus and also to members of the Creative Writing Team and commended the students on their outstanding accomplishment. 14.D. RECOgNiZING MS. ANITA HERNANDEZ FOR HER OUTSTANDING ACCOMPLISHMENT IN DRAMATIC INTERPRETATION IN THE ART OF FORENSICS Mr. Stegmaier introduced Ms. Anita Hernandez who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, an appreciation of the arts is part of a balanced, progressive public education; and 02-446 06/26/02 WHEREAS, Chesterfield County prides itself on its outstanding public schools and the manner in which they provide such an education; and WHEREAS, Ms. Anita Hernandez is a senior at James River High School; and WHEREAS, Ms. Hernandez first qualified for the Catholic Forensic League's National Forensics Tournament in Rochester, New York in 2000, while she was living in Louisiana; and WHEREAS, Ms. Hernandez continued to demonstrate excellence in forensics after her family re-located to Chesterfield County; and she traveled to New York City for the tournament in 2001 while a student at James River High School; and WHEREAS, Ms. Hernandez again competed in the tournament this year in Pittsburg, Pennsylvania, and earned the distinction of being named the State AAA Champion in Dramatic Interpretation; and WHEREAS, this award brings distinction not only to Ms. Hernandez, but to James River High School as well; and WHEREAS, recognition. such achievement is worthy of appropriate NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors publicly recognizes Ms. Anita Hernandez, congratulates her on being named State AAA Champion in Dramatic Interpretation, and wishes her well with her plans to attend Virginia Tech, where she intends to major in Engineering. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber presented the executed resolution to Ms. Hernandez, accompanied by Forensics Coach Laura Stewart and Principal John Titus, congratulated her on her accomplishments, and wished her well in future endeavors. 14 .E. RECO~NIZIN~ THE MIDLOTHIAN HIgH SCHOOL ~IRLS VARSITY SOCCER TEAM FOR ITS OUTSTANDIN~ ACCOMPLISHMENTS AND SPORTSMANSHIP Mr. Hammer introduced Coach Eric Robinson and three members of the Midlothian High School Girls Varsity Soccer Team who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Eric Robinson, coach of the Midlothian High School Girls Varsity Soccer team completed his 30th year of coaching; and WHEREAS, under Mr. Robinson's and his staff's direction, the 2002 Midlothian Lady Trojans finished the regular season with a 9 - 1 record and an overall record of 17 - 3; and 02-447 06/26/02 WHEREAS, the Lady Trojans were the Season Tournament Champions in the Dominion District; and and WHEREAS, the Lady Trojans were the Central Regional Champions; and WHEREAS, the Lady Trojans competed in the State AAA Girls Soccer Championship and advanced to the State Semi Finals; and WHEREAS, the team members include Shannon Mercadante, Amanda Leighton, Adrianne Flinn, Morgann Wagner, Elizabeth Guise, Blair Enoch, Emily Binns, Mary Grier, Jenna Ramer, Amanda Rice, Danielle DiFranco, Lauren Connolly, Kristen Capito, Julie Dickman, Lindsay Downing, Aliza Hichman, Ashley Delans, Katie Ford and Captains Erin Pollak, Caitlin Weaver, Kara Ramer and Casey Feiling. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the 2002 Midlothian High School Girls Varsity Soccer Team for its outstanding accomplishments and excellent representation of Chesterfield County, commends the Lady Trojans for their commitment to excellence and sportsmanship, and expresses best wishes for continued success. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber presented the executed resolution to Coach Robinson and also to members of the Lady Trojans soccer team, congratulated them on an excellent season, and wished them continued success. Coach Robinson expressed appreciation, on behalf of Midlothian High School administration and the Lady Trojans, for the recognition. Mr. Barber recognized Mrs. Mary Robinson who was present at the meeting and congratulated her on her new position as Principal at Swift Creek Middle School. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 Mr. Barber made a motion, seconded by Mrs. Humphrey, for the Board to move Case 02SN0214 to the Zoning Consent Agenda to follow Case 02SN0251. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 01SN0201 (Amended} In Matoaca Magisterial District, DUVAL INVESTMENTS, INC. requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-88) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to 0.5 unit per acre is permitted in a Residential (R-88) District. The Comprehensive Plan suggests the property is appropriate for 02-448 06/26/02 residential use of 1-5 acre lots suited to R-88 zoning. This request lies on 135 acres lying approximately 1,500 feet off the west line of Elko Road, measured at a point approximately 150 feet north of Vinewood Drive. Tax ID 784-629-7820 (Sheet 41). Mr. Jacobson presented a summary of Case 01SN0201 and stated that the applicant has agreed to dedicate the right of way and to construct two lanes of a proposed north/south arterial that bisects the subject property from the southern property line to approximately 250 feet short of the northern property line, and also proffered $200 per lineal foot for the remaining section which crosses Swift Creek. He further stated that creek crossings are expensive and the applicant is not desirous of building a bridge at that location, and indicated that staff recommends denial because the applicant fails to address the Thorouqhfare Plan with respect to the complete construction of the proposed north/south arterial across the subject property. He noted that the proposed zoning and proffers are consistent with the Board's policy and the Comprehensive Plan for the area. He stated that the Planning Commission recommended approval and acceptance of the proffered conditions. Mr. Andy Scherzer, representing the applicant, stated that considerable adjustments have been made to the proposal to address neighbors' concerns. He further stated that he feels the applicant is paying his fair share of the proposed arterial road and has also provided off-site improvements. He requested the Board's approval of the proposed development. Mr. Miller called for the public hearing. Mr. Jerry Jernigan, a Matoaca District resident, stated that the Board's earlier remanding of the request to the Planning Commission, and the subsequent deferrals by both the applicant and Planning Commission allowed adequate time for the neighbors' concerns to be resolved. There being no one else to speak to the request, the public hearing was closed. Mrs. Humphrey reviewed the history of the case and stated that many community meetings have been held to address citizens' concerns. She further stated that the applicant has agreed to address the full impact of the proposed development on capital facilities and is contributing to bridge improvements for the creek crossing. She stated that the citizens have made it clear that R-88 is the only acceptable zoning for the area. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 01SN0201 and accept the following proffered conditions: 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 with in the service district for the property: $7,800.00 per dwelling unit, if paid prior to July 1, 2002; or The amount approved by the Board of Supervisors not to exceed $7,800.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift building cost index between July 1, 2001, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2002. 02-449 06/26/02 o o o 10. In the event the cash payment is not used for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B & M) Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) A maximum of fifty-nine (59) lots may be developed on the property. (P) Dwelling units shall have a minimum gross floor area of 2100 square feet. (P) Ail exposed portions of the foundation of each dwelling shall be covered with brick or stone veneer or drivit type materials. (P) The fifty (50) foot buffers required in accordance with the Subdivision Ordinance along both sides of the North/South Arterial shall be located within recorded open space. (P) A pedestrian connection shall be provided from the Property to the school property. The exact location and treatment shall be approved by the Parks and Recreation Department. This pedestrian connection shall be in addition to those sidewalks provided in accordance with the Commission's Residential Sidewalk policy. (P & R) In conjunction with the recordation of the initial subdivision plat, a ninety (90) foot wide right-of-way and any additional right-of-way to cross Swift Creek for the north/south arterial ("North/South Arterial") through the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location and width of this right-of- way shall be approved by the Transportation Department. (T) Direct access from the property to North/South Arterial shall be limited to four (4) public roads, as generally shown on Exhibit A. The exact location of these accesses shall be approved by the Transportation Department. (T) To provide an adequate roadway system, shall be responsible for the following: the developer Construction of two (2) lanes of North/South Arterial, to VDOT Urban Minor Arterial Standards (50 mph) with modifications approved by the Transportation Department, from the southern property line northward for a distance of approximately 2000 linear feet, as generally shown on Exhibit A. The exact length of this road shall be approved by the Transportation Department. In addition, a cash payment of $200.00 per linear feet shall be provided to Chesterfield County towards construction of the section of the North/South Arterial from the northern terminus of the developer's construction of the North South Arterial to the northern property line; bo Construction of additional pavement along North/South Arterial at each approved access to provide left and right turn lanes, if warranted based on Transportation Department standards; and 02-A50 06/26/02 C · Dedication to Chesterfield County, free and unrestricted, any additional, right-of-way (or easements) required for the improvements identified above. (T) 11. Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 10, shall be submitted to and approved by the Transportation Department. (T) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SR0268 In Bermuda Magisterial District, GLENN AND MARY ROBERTS, SR. request renewal of Mobile Home Permit 95SN0298 to park a mobile home in a Residential (R-7) District. The density of this proposal is approximately two (2) units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 to 2.50 units per acre. This property is known as 2700 Shields Road. Tax ID 796-660-7512 (Sheet 26). Mr. Jacobson presented a summary of Case 02SR0268 and stated that staff recommends approval subject to conditions. Mr. Glenn Roberts, Sr. and Mrs. Mary Roberts stated that the recommendation is acceptable. Mr. Miller called for the public hearing. No one came forward to speak to the request. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 02SR0268 for seven years subject to the following conditions: The applicants shall be the owners and occupants of the mobile home. Mobile Home permit shall be granted for a period not to exceed seven (7) years from date of approval. 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. 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. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0178 In Clover Hill Magisterial District, J. MARK SOWERS requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) . Residential use of up to 3.63 units per acre is permitted in a Residential (R- 12) District. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies on 70.5 acres lying approximately 450 feet off the north line of Genito Road, measured from a point approximately 600 feet east of Nahant Road. Tax ID 741-687-Part of 6547 (Sheet 10). Mr. Jacobson presented a summary of Case 02SN0178 and stated 02-451 06/26/02 that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Powhite/Route 288 Development Area Plan. Mr. Mark Sowers stated that the recommendation is acceptable. He noted that, although the subject property is an infill parcel, the applicant has agreed to fully address the impact of the proposed development on capital facilities. Mr. Miller called for the public hearing. Mr. Ed Ellen, representing Victory Tabernacle Baptist Church, stated that the church members support the proposed development. There being no one else to speak to the request, the public hearing was closed. Mr. Barber expressed concerns relative to the impact of the proposed development on Bailey Bridge Middle School which is already overcrowded. Mr. Warren stated that Bailey Bridge Middle School has a plan to address the overcrowding issue. He further stated that the subject property lies in the Midlothian High School and Evergreen Elementary School attendance zones, neither of which are overcrowded. He stated that the applicant has agreed to fully address the impact of the proposed development on capital facilities. Mrs. Humphrey expressed concerns that phasing of the proposed development to lessen the impact on school overcrowding was not addressed in the proffered conditions. Mr. Warren stated that the proposal stands on its own merits, conforms to the Comprehensive Plan, was recommended for approval by both staff and the Planning Commission, and addresses the full impact on capital facilities. He further stated that he sees no reason to judge the case in a manner unrealistic to the county's planning standards. Mrs. Humphrey stated that she does not feel phasing of building permits is unrealistic to planning standards. Mr. Barber stated that he feels, for consistency purposes, school enrollment is a factor that should be considered in all cases. Discussion ensued relative to the closing of access points into other subdivisions as a result of the proposed development and use of an emergency access. Mr. Barber stated that he feels, when the components of cases have been worked out to the satisfaction of the Planning Commissioner and Supervisor in whose district the request lies, conform to the Comprehensive Plan, and have approval of the Planning Commission, the re~aests should be judged accordingly based on those consistencies. Mr. Warren stated that he feels every case should be judged on its own merits and the Board should look at the health, welfare and public safety issues of each case. Mrs. Humphrey stated that, although each application is different, it is imperative that the Board be consistent in making decisions relative to zoning requests. There was brief discussion relative to staff's position regarding architectural treatment being made a part of the restrictive covenants rather than the proffered conditions. 02-452 06/26/02 Mr. Miller expressed concerns relative to the developer's ability to amend the restrictive covenants at any time without limitation in his sole discretion. When asked, Mr. McCracken came forward and stated that the proposed development will be located near a section of Genito Road that has recently been improved, and noted that the developer has also agreed to provide a cash proffer to address the transportation impact. Discussion ensued relative to the possibility of using the transportation cash proffer from the proposed development for the section of Genito Road that needs improvements. Mr. Barber stated that he feels Mr. Sowers is a credible developer who will adhere to the promises made in the restrictive covenants. Mr. McCracken stated that he does not have the information available relative to the transportation sheds for various sections of Genito Road. He further stated that there are ways to achieve the objective of using the transportation cash proffer from the proposed development to supplement the current Genito Road project. Mr. Warren stated that the applicant is addressing the full impact of the development upon capital facilities; Bailey Bridge Middle School is currently under contract and on schedule for expansion; infill development complements the county's growth management policy; Genito Road has already been widened in the vicinity of the proposed development; the proposed development represents a small number of lots; the Planning Commission and staff have supported the proposal without reservation; the proposal is consistent with Comprehensive Plan; there was no citizen opposition; and the neighboring church supports the development. He further stated that the Board appears to be more in tune with managing growth and with growth paying its own way, as well as the need to thoroughly review cases where one district impacts another. Mr. Warren then made a motion for the Board to approve Case 02SN0178 and accept the proffered conditions: Mr. McHale seconded the motion. Mr. Miller called for the vote on the motion of Mr. Warren, seconded by Mr. McHale, for the Board to approve Case 02SN0178 and accept the following proffered conditions: 1. Public water and wastewater systems shall be used. (U) o A pedestrian easement shall be provided from the Property to the Tax ID 741-691-9338. The exact location of this easement shall be approved by the Parks and Recreation Department, however such easement shall be generally located so as not to bisect lots within the development. This pedestrian easement shall be in addition to those sidewalks provided in accordance with the Commission's Residential Sidewalk policy. (P&R) The applicant, subdividor, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permits for infrastructure improvements within the service district for the property: a o $7,800.00 per dwelling unit, if paid prior to July 1, 2002; or 02-453 06/26/02 o o bo The amount approved by the Board of Supervisors not to exceed $7,800.00 per dwelling unit adjusted by any increase in the Marshall and Swift Building Cost Index between July 1, 2002, And July 1 of the fiscal year in which the payment is made if paid after July 30, 2002. In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B&M) Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased tress, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) The outfalls that drain from this property to either Clarendon or Lake Genito subdivisions will be analyzed through the first road crossing for 100-year floodplains and backwaters, 10-year containment of any manmade channels, and compliance with VDOT culvert criteria. In cases where manmade channels do not contain 10-year storms or compliance is not obtained for road crossing or floodplains, onsite retention/detention or other means will be utilized to ensure existing criteria is met. Note: Sheet flow from this property to adjacent subdivisions will be addressed at the time of tentative subdivision submittal. (EE) With the exception of a public road connection to Brookforest Road, no public road connections shall be provided from the subject property to Lake Genito or Clarendon Subdivisions. An emergency access shall be provided to Hottinger Drive within Lake Genito Subdivision. This access shall be constructed to accommodate access in case of emergency (support fire and rescue vehicles) and shall be gated to preclude its use other than by emergency vehicles, pedestrians or bicycles. The exact design and maintenance provisions of this access shall be reviewed and approved by the Fire Department at the time of tentative subdivision review. (P & F) Except as noted herein, all lots adjacent to Lake Genito and Clarendon Subdivisions shall have a minimum lot size of 15,000 square feet and an additional twenty-five (25) foot rear setback for dwellings from the property lines that adjoin the Lake Genito and Clarendon Subdivisions. If any portion of the subject property is combined with an adjacent lot that is located in the Lake Genito and Clarendon Subdivisions, lots adjacent to those lots in the Lake Genito and Clarendon Subdivisions shall comply with the R-12 requirements of the Zoning Ordinance. (P) The gross floor area for all dwelling units shall be 1,700 square feet except for dwelling units with more than one-story, which shall have a gross floor area of 1,850 square feet. (P) The existing cemetery shall not be relocated. The boundaries of such cemetery shall be physically identified by permanent markers. Access shall be provided to the cemetery, the exact location to be approved by the Planning Department at the time of tentative subdivision plan review. (P) 02 -454 06/26/02 10. 11. 12. 13. Curb and gutter shall be used on all streets. (EE) The foundations of all dwelling units shall be faced with brick veneer. Exposed piers supporting front porches shall be faced with brick or brick veneer. (BI) Chimneys shall be faced with brick or brick veneer. (BI) At a minimum, the following restrictive covenants shall be recorded prior to, or in conjunction with, the recordation of a subdivision plat. (P) Part of Tax ID #741687654700000 DECLARATION OF RESTRICTIONS AND CONDITIONS WALNUT GROVE THIS DECLARATION OF RESTRICTIONS AND CONDITIONS made this 7th day of March, 2002, by OAKBRIDGE CORPORATION, J. Mark Sowers, President. KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED, J. Mark Sowers, President of Oakbridge Corporation, as the owner of PARCEL A (to be known as Walnut Grove), as shown on plat dated by Burruss Land & Survey Company, recorded , in PB , Page , in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, is held subject to the conditions, covenants, limitations, requirements, reservations and charges as follows: An Architectural Review Committee, hereafter called ~ARC", shall be comprised of J. Mark Sowers, his heirs, personal representatives, successors, and assigns. The ARC shall coordinate each residence and lot and generally coordinate the development, construction and planning of the lots in Walnut Grove according to the specifications set forth in "Architectural Review, Walnut Grove", attached hereto as Exhibit A and made a part hereof. o No building, structure or alteration or improvement thereto of any character, other than internal alterations, shall be constructed upon any lot hereby conveyed, nor shall any lot be subdivided, or altered (the term ~altered" shall include: (a) removal of live trees, (b) grading or locating driveways or entranceways, (c) filling, or (d) any kind or type of construction whether temporary or permanent unless and until such plans, specifications and landscaping lay-out for the same have been approved in writing by the ARC, as to (a) quality of workmanship and material types, (b) external design and appearance, (c) location of improvements and overall landscaping, and (d) color scheme. o Ail easements along road frontage, lot lines, through lots and common areas as shown on all subdivision plats of Walnut Grove, are hereby reserved unto the developer, his personal representatives, heirs, assigns, or agents, for the purpose of access, drainage or furnishing light, telephone, landscaping, signage or any utility to the property. 02-455 06/26/02 o o o o o Ail lots shall be used for residential purposes only, and there shall not be erected on any one lot, as such lot may be prescribed and designated on said subdivision plat, more than one detached, single family dwelling house, and the necessary outbuildings suitable therefore. All homes shall have the following minimum of heated finish floor area exclusive of basements and garages: -Two story homes, minimum of 1850 square feet -One story homes, minimum of 1700 square feet -Cape Code style homes cannot count unfinished space to meet minimum square footage requirements No building shall be located on any lot nearer to any street or to a side line than is permitted under the applicable local zoning ordinance in effect at the time such building is constructed. Fences or walls not constituting a part of a building shall be approved by the ARC, and no fences or walls not constituting a part of a building shall be erected, placed or altered on any lot nearer to any street than the minimum exterior set back line but in no case shall it extend farther forward than the rear of the house except with the prior approval of the ARC. No animals, including without limitation, rabbits, livestock, or poultry of any kind shall be allowed on any lot except that dogs, cats or normal household pets may be kept thereon in numbers not exceeding those permitted by law provided they are not kept, bred, or maintained for any commercial purposes, and must be kept under control of their owner when outside owner's premises, nor constitute a nuisance in the opinion of the ARC, his successors or assigns, however, no vicious animals, including, but not limited to, dogs such as Rottweilers, Pit Bulls, Dobermans, etc., will be allowed to be kept on any lot for any period of time under any circumstances. No dog or cat kennels, rabbit hutches or pigeon lofts, temporary or permanent, shall be erected except for normal household pets. No structure of a temporary character, trailer, motor home, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Motor homes, recreational vehicles, boats, and vehicles under repair shall not be visible from the street for a period exceeding 24 hours. Any screening of such vehicles must be approved by the ARC. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. No use shall be made of any lot, which will depreciate or adversely affect the value of the surrounding lots or of the neighborhood. Ail lot owners shall take care not to disturb or siltate shoulders, backslopes, ditches, pavement, curb and gutter, driveway culverts, or any other improvements within the public right of way, or county easement. Each lot owner agrees to be responsible for disturbances, and siltation caused 02-456 06/26/02 o 10. 11. 12. 13. by themselves, their employees, suppliers, contractors, or others and shall have 14 days from the receipt of a letter from the ARC to correct the damage. If a lot owner fails to properly correct the damage in a workman-like manner, then the ARC or developer will correct the damage and bill the lot owner directly on a cost plus 50% (percent) basis. Lot owner hereby agrees to make payment within 30 days' of presentation of bill. A 2% per month (24% per annum) service charge shall be applied to bills after 30 days of presentation. Developer hereby makes notice to all owners to check with the Chesterfield Planning Department about future and potential development of adjacent and area properties prior to purchase. Any one or more of these conditions, covenants, limitations, charges and proprietary requirements imposed herein or any subsequent amendments or future covenants and their conditions, covenants, limitations, charges and proprietary requirements may be amended waived, modified, or rescinded, in whole or in part, by written instrument signed by J. Mark Sowers. J. Mark Sowers shall have the right to amend these covenants or any future covenants or amendments of such covenants as the case may be without limitation in his sole discretion except that the concurrence of J. Mark Sowers will not be necessary after the last lot has a house, built and occupied, upon it, or whenever J. Mark Sowers assigns his rights to another party. J. Mark Sowers reserves the right to assign any and all rights herein to the homeowners of Walnut Grove and at such time of notification, the homeowners shall hereby accept such assignment as part of these covenants, without return notice of verification of such. Invalidation of any of these covenants and conditions by court adjudication or otherwise shall in no way modify, affect or invalidate any of the other covenants and conditions contained herein, which shall remain in full force and effect. Each and every covenant and condition herein imposed may be enforced by the undersigned or by the owner of any lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and/or recover damages therefore. The failure of any owner or the undersigned to bring any such proceeding shall not be considered as a waiver of any rights at law or in equity that any such party may have for past or future violation of any covenant herein contained. These covenants and conditions are to run with the land and shall be binding upon subsequent owner or owners and all parties claiming through or under such owner or owners for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, revoking said covenants, or agreeing to change said covenants in whole or in part. 02-457 06/26/02 EXHIBIT "A" ARCHITECTURAL REVIEW OF WALNUT GROVE Full Architectural approval shall be a two-part process: Two sets of plans shall be submitted and approved by ARC prior to construction. Plans shall include: -site plan and landscape plan -cross section details -porch and railing details Ail construction (including fences, walls and outbuildings) must be approved prior to construction. o Final check of the actual construction prior to occupancy to insure that the architectural guidelines have been met. GUIDELINES Foundation & Brick Ail foundations shall be brick Stoops & Walks Front decks shall be supported by 12"x12" brick columns Front stoop shall be a minimum 4'x6' Front rails, columns, and pickets shall be painted Sidinq and Roofinq Vinyl siding 20-year roof shingles Front and rear overhangs shall be a minimum of 6 inches Garaqes Front entry garages allowed Colors Paint colors to be approved - 2 colors on frame house. No loud colors allowed, i.e. pink, purple, etc. Heatinq/Air Conditioninq Ail air conditioning equipment must be central air conditioning. No window type air conditioning units will be allowed. General Ail plans shall be submitted and review by ARC. ARC can reject any plan on the basis of general architectural design in its sole discretion. The Architectural Review Committee (ARC) which consists of J. Mark Sowers, his successors, heirs or assigns, reserves the right to modify the above restrictions or any other imposed deed restrictions in all or part without notice. In addition, the ARC reserves the right to make special 02-458 06/26/02 exceptions to these conditions on an individual basis; however, any special exception(s) shall not be deemed as a waiver of the restriction(s) as they may apply in the future. (p) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0210 In Dale Magisterial District, JOANN BELINDA SPEARS requests Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-15) 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 2.51 to 4.0 units per acre. This request lies on 0.5 acre and is known as 5601 Dalebrook Drive. Tax ID 784-687-4527 (Sheet 12). Mr. Jacobson presented a summary of Case 02SN0210 and stated that the Planning Commission and staff recommend approval subject to conditions. Ms. Joann Belinda Spears stated that the recommendation is acceptable. Mr. Miller called for the public hearing. No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board approved Case 02SN0210 subject to the following conditions: This Conditional Use shall be granted to and for Joann Belinda Spears, exclusively, and shall not be transferable nor run with the land. (P) There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) There shall be no signs permitted to identify this use. (P) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0221 In Dale Magisterial District, VOICESTREAM WIRELESS requests amendment to Conditional Use Planned Development (Case 86S053) and amendment of zoning district map to permit a communications tower. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies in a Light Industrial (I-l) District on 1.5 acres fronting approximately 60 feet on the west line of Iron Bridge Road, approximately 950 feet south of Kingsland Road. Tax ID 771-673-Part of 3573 (Sheet 17). Mr. Jacobson presented a summary of Case 02SN0221 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the siting criteria for towers. Ms. Ambre Blatter, representing the applicant, stated that the recommendation is acceptable. 02-459 06/26/02 Mr. Miller called for the public hearing. No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mr. McHale, the Board approved Case 02SN0221 subject to the following conditions: In addition to the uses allowed by Case 86S053, a communications tower shall be permitted on the request property only. Any communications tower shall be co- located on existing utility structures. (P) (NOTE: This condition modifies the Textual Statement of Case 86S053 for the request property only.) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Communications 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 Communications 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 gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. (P) 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) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 028~0231 In Clover Hill Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests Conditional Use Planned Development and amendment of zoning district map to permit a fire station 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 medium density residential use of 1.51 to 4.0 units per acre. This request lies on 10.4 acres fronting approximately 500 feet on the east line of Courthouse Road, approximately 350 feet north of Smoketree Drive. Tax IDs 745-701-1188 and 745-702-5612 (Sheet 6). Mr. Jacobson presented a summary of Case 02SN0231 and stated that the Planning Commission recommended approval subject to conditions. 02-460 06/26/02 Mr. Mike Hatton, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved Case 02SN0231 subject to the following conditions: Except where the requirements of the underlying Agricultural (A) zoning are more restrictive, any fire/rescue station shall comply with Emerging Growth District standards of the Zoning Ordinance for the Corporate Office (0-2) District, except as noted herein. (P) Fifty (50) foot buffers shall be provided along the northern, eastern and southern boundaries of the property. These buffers shall comply with the Sections 19-520(a), 19-521 and 19-522 of the Zoning Ordinance. (P) o The public water and wastewater systems shall be used. (u) o Direct access from the property to Courthouse Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) o A directional crossover, designed to only allow vehicles to turn left when exiting the site, shall be constructed on Courthouse Road. The exact design of this road improvement shall be approved by the Transportation Department. The Planning Commission may modify this condition to allow an alternative design of this crossover. (T) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0251 In Clover Hill Magisterial District, GERSHMAN PROPERTIES, LLC requests rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5). 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 10.0 acres and is known as 200 Wadsworth Drive. Tax ID 756-704-0068 (Sheet 7). Mr. Jacobson presented a summary of Case 02SN0251 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Mr. Jim Theobold, representing the applicant, stated that both the Scottingham Whitestone Community Association and the Gateway Association have expressed support of the proposal. He further stated that the recommendation is acceptable. Mr. Miller excused himself from the meeting. Mr. Warren called for the public hearing. Mr. Dave Huggett, representing the Scottingham Whitestone Community Association, stated that the residents' concerns have been addressed, including extension of the masonry screening wall to the southwest corner of the subject property. He further stated that the association supports the request. 02-461 06/26/02 Mr. Theobold clarified that the request must go the Planning Commission for site plan approval for buffer deviation and there are some physical issues relative to the grade and whether the wall can be extended. He stated that the applicant agreed, at the Planning Commission meeting, to extend the wall if it were deemed necessary. Mr. Miller returned to the meeting. Mr. Jacobson stated that the Scottingham Whitestone Community Association will receive notification of the site plan request and have an opportunity to speak to the issue at that time. There being no one else to speak to the request, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Barber, the Board approved Case 02SN0251 and accepted the following proffered conditions: The property owner/owner in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner/applicant. In the event this request is denied or approved with conditions not agreed to by the owner/applicant, the proffers shall immediately be null and void and of no further force or effect. Uses. Uses shall be limited to those permitted in a C-3 District (including those C-3 uses permitted with certain restrictions) and to those uses permitted in an I-1 District; however the following I-1 uses shall not be permitted: o so do f o g. h. i. j. ko Oo bakery products manufacturing; blending, mixing and compounding of manufactured goods; bottling and canning soft drinks and carbonated water; converting paper to paperboard products, paperboard containers and boxes; cosmetics and toiletries (compounding only) manufacturing dry cleaning plants; miscellaneous plastic products manufacturing; paper recycling by the compaction method; rectifying and blending liquors; recycling and processing of any material permitted to be manufactured in the I-1 District; wine, brandy and brandy spirits manufacturing; fabricating sheet metal products; fur dressing and dyeing; linoleum, asphalt feltbase and other hard surface floor cover manufacturing; machine shop; mortician's goods manufacturing; park and ride lots; and publicly operated parks, playgrounds and athletic fields, including their customary buildings and facilities. (P) Limitation on Docks. There shall be no more than eight (8) loading docks, which docks shall not face Midlothian Turnpike. (P) 02-462 06/26/02 o Tractor/Trailer Parkinq. There shall be no overnight tractor/trailer parking in front of the building. (P) Wall. A masonry screening wall with related landscaping and irrigation along the southern property line shall be provided consistent with the requirements of site plan 92PS0133. (P) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN021~ In Midlothian Magisterial District, THE JEMIAL COMPANY requests rezoning and amendment of zoning district map from Agricultural (A) and Corporate Office (0-2) to Residential Multi-family (R-MF) of 26.1 acres with Conditional Use Planned Development to permit exceptions to Ordinance requirements and rezoning from Corporate Office (0-2) to Neighborhood Business (C-2) of 3.6 acres. The density of this development will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial and office uses. This request lies on 29.7 acres fronting approximately 1,200 feet on the north line of Robious Road, also fronting approximately 1,765 feet on the west line of Cranbeck Road and is located in the northwest quadrant of the intersection of these roads. Tax IDs 741-714-Part of 6684; 742-714-0834, 1950 and 3274; 742-715-5206, 6929, 7541 and 7658 (Sheet 2). Ms. Beverly Rogers presented a summary of Case 02SN0214 and stated that staff recommended approval subject to the applicant fully addressing the impact on school facilities and reducing the multi-family density to ten dwelling units per acre consistent with the limitations of the residential multi-family district. She further stated that the proposed development generally conforms to the intent of the Northern Area Plan to provide a transition between the commercial uses, which surround the intersection of Robious and Huguenot Roads and the residential uses located along the eastern Robious Road corridor. She further stated that the Planning Commission recommended approval and acceptance of the proffered conditions, indicating that the proposal conformed with the intent of the Plan to provide a transition and that the number of school children generated by the proposed development would be less than the county's average per dwelling unit; therefore, the impact on school facilities had been adequately addressed. Mr. Ed Kidd, representing the applicant, stated that the Planning Commission's recommendation is acceptable and requested that the Board approve the request. Mr. Miller called for the public hearing. Mrs. Humphrey excused herself from the meeting. No one came forward to speak to the request. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 02SN0214 and accepted the following proffered conditions: The Owners and the Developer, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the 02-463 06/26/02 property designated as Chesterfield County Tax IDs 741-714- 6684 (part), 742-714-0834, 742-714-1950 and 742-714-3274, 742-715-5206, 742-715-6929, 742-715-7541 and 742-715-7658 containing a total of 29.77 acres as shown on (i) the plat prepared by Timmons (the ~Zoning Plat"), dated April 9, 2002, entitled ~Cranbeck and Robious, Compiled Zoning Map" and (ii) the master plan prepared by Timmons (the ~Master Plan"), dated April 6, 2002, revised May 6, 2002, entitled ~Cranbeck and Robious, Compiled Zoning Plan~ (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for rezoning of 3.64 acres of the Property to C-2 and 26.13 acres to RMF with CUPD for development of retail, office and church uses is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall be immediately be null and void and of no further force or effect. If the zoning is granted, these proffered conditions will supersede all proffers and conditions now applicable to the Property. The Plan prepared by Timmons dated April 6, 2002, revised May 6, 2002, entitled "Cranbeck and Robious, Compiled Zoning Plan" and the Textual Statement dated May 6, 2002 shall be considered the Master Plan. (P) Phasinq of Commercial DeveloDment. Prior to issuance of any certificate of occupancy for any use on Parcel C-2, either (i) at least temporary certificates of occupancy shall have been granted for a building (other than as part of a multi-family project) of at least 4,000 gross square feet on Parcel C or (ii) Parcel C shall have been incorporated into a multi-family project on Parcel A and at least temporary certificates of occupancy shall have been granted for the phase of such project of which Parcel C is a part. (P) o Uses. No portion of the Property shall be used for any of the following: (a) Group care facilities. (b) Laundromat. (c) Bicycle rental. (d) Motor vehicle accessory store. (e) Post office. (f) Rental of small home hardware, tools and equipment. (g) Hotel. (h) Department stores. (i) Sale of gasoline. o Square Footaqe for Parcel C-2. Square footage limitation for Parcel C-2, as shown on the "Master Plan". a o Development shall not exceed 24,000 gross square feet. b o No individual store shall contain more than 10,000 gross square feet. (P) (NOTE: This condition does not prohibit a building containing more than 10,000 gross square feet rather, the condition only limits the area occupied by each store.) o Architecture. Buildings shall conform to the following architectural standards: Desiqn and Materials for Non-residential Buildinqs. Architectural treatment of non-multifamily residential buildings, including materials, color 02 -4,64 06/26/02 o o o and style, shall be compatible with multifamily residential buildings within the project. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. Other than accent materials, all exposed portions of the exterior of non-residential buildings which are not part of a multi-family project shall be constructed of masonry, stone, EIFS, architectural precast, integral color split face block or glass. Desiqn and Materials for Residential Buildinqs. Ail buildings constructed as part of a multi-family project shall be consistent with the architectural elevation prepared by Edward H. Winks,/ James D. Snowa, Architects dated February 8, 2002. Not less than 60% of the exposed portions of the exterior of each building constructed as part of a multi-family project shall be constructed of brick. No less than 15% of the dwelling units shall contain only one (1) bedroom, no more than 5% of the dwelling units shall contain more than two (2) bedrooms and the overall average number of bedrooms per dwelling unit shall be less than two (2). C · Roof Style. roofs. Ail buildings shall have pitched do Mechanical Equipment. Screening for the mechanical equipment of multi-family residential buildings, whether ground level or rooftop, shall be screened from view of adjacent property and public rights of way and designed to be perceived as an integral part of the building. (P) Buildinq Heiqhts. following heights: Buildings shall not exceed the a o Within Parcel A on the Master Plan and within Parcel C if developed for multi-family uses: three (3) stories or forty-five (45) feet, whichever is less; provided, however, that buildings located within one hundred (100) feet of the ultimate right of way of Cranbeck Road shall not exceed two (2) stories or thirty-five (35) feet, whichever is less. bo Within Parcel B on the Master Plan: two (2) stories or thirty-five (35) feet, whichever is less, exclusive of the steeple of any church. C · Within Parcel C-2 and within Parcel C unless developed for multi-family uses: two (2) stories or thirty-five (35) feet, whichever is less. (P) Siqnaqe. No building mounted signs shall be permitted in Parcels A or B. No more than two (2) identification signs shall be located within one hundred (100) feet of the ultimate right-of-way of Cranbeck Road. Such signs shall be freestanding, monument style signs and shall not exceed a height of eight (8) feet. (P) (NOTE: This condition does not allow signage in excess of that permitted by the Ordinance rather, the condition only limits signage in proximity to Cranbeck Road.) Service of Solid Waste Storaqe Areas. Servicing of solid waste storage areas located within Parcels A and B shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Saturday. (P) 02-465 06/26/02 10. 11. 12. 13. 14. 15. 16. 17. Setback and StreetscaDe for Cranbeck Road. Ail parking areas shall be set back not less than fifty (50) feet from the ultimate right of way of Cranbeck Road. This setback area shall be landscaped to include street trees, a sidewalk, a fence and an evergreen hedge and may include jogging trails, benches, gazebos and similar improvements. The exact spacing, species and sizes of plant materials, the fence design and materials and other improvements shall be approved at the time of site plan review. Except for any undisturbed natural areas, all landscaped areas within this setback area shall be irrigated and any light fixtures installed within this setback area shall be limited to a maximum height of twelve (12) feet above grade. (P) (NOTE: This proffer does not supersede Zoning Ordinance requirements regarding tree retention within the setback.) LandscaDinq within Multi-Family Project. Within the multi-family project, landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of Sections 19-516 through 19-518(f) of the Zoning Ordinance and shall be designed to minimize the predominance of building mass and paved areas, define private spaces and enhance the residential character of the project. The exact numbers, spacing, arrangement and species of plant materials shall be approved at the time of site plan review. Sidewalks. In addition to sidewalks to be provided pursuant to proffered condition 18, sidewalks shall be installed through the Property to provide pedestrian access to all uses within the Property. The exact design, location and treatment shall be approved at the time of site plan review. Such sidewalks shall be located to maximize tree retention, as required by the Zoning Ordinance. (P) ODen Space Within Multi-Family Project. Not less than 35% of the area included within any multi-family project shall be devoted to open space. (P) Water and Wastewater. Public water and wastewater systems shall be used. (U) Utility Lines. In the multi-family project, all utility lines shall comply with the requirements of Section 19- 571 of the Zoning Ordinance. (P) Storm Water Manaqement. Any above ground facilities for water quality or water quantity control shall be landscaped or otherwise improved so that the facilities become visual enhancements to the uses developed on the Property. The exact design and treatment shall be approved at the time of the site plan review. (P & EE) Timberinq. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Drainaqe. To the extent necessary to avoid flooding of Cranbeck Road, storm drainage from the portion of the 02-&66 06/26/02 Property which drains to Cranbeck Road shall be retained based on the capacity of the existing off-site drainage facilities and in compliance with VDOT criteria unless and to the extent improvements are made to the off-site drainage facilities in compliance with V/DOT criteria to reduce or eliminate the need for such on site retention. Subject to modification by the Department of Environmental Engineering at the time of site plan review, any required retention shall be stored based upon the one hundred (100) year post development while releasing at a one hundred (100) year pre-development rate. (EE) 18. TransDortation. Riqht-of-wa¥ Dedications. Prior to any final site plan approval, forty-five (45) feet of right-of-way on the north side of Robious Road and thirty-five (35) feet of right-of-way on the west side of Cranbeck Road, measured from the centerlines of both roadways immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. bo Access to Robious Road. Direct access from the Property to Robious Road shall be limited to two (2) entrances/exits, as generally shown on the Master Plan. One (1) entrance/exit ('the Main Access") shall align Dunbrook Road, and the other entrance/exit shall be located generally midway between the Main Access and Cranbeck Road. The exact location of these accesses shall be approved by the Transportation Department. Access to Cranbeck Road. Direct access from the Property to Cranbeck Road shall be limited to two (2) entrances/exits, as generally shown on the Master Plan. One (1) entrance/exit shall align Cranbeck Terrace, and shall be designed and constructed to serve development on Parcel B only. The other entrance/exit shall be located approximately 600 feet north of Robious Road. The exact location of these accesses shall be approved by the Transportation Department. do Road improvements. To provide an adequate roadway system, the developer shall be responsible for the following: Construction of additional pavement along Robious Road at each approved access to provide a right turn lane; Construction of sidewalks along Robious Road and Cranbeck Road for the entire Property frontage; Full cost of traffic signalization at the Main Access/Robious Road intersection, if warranted as determined by the Transportation Department; Construction of additional pavement along Cranbeck Road at each approved access to provide left and right turn lanes, based on Transportation Department standards; and Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. 02-467 06/26/02 Phasinq Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 18.d., shall be submitted to and approved by the Transportation Department. (T) 19. Access to Multi-Family Project. Access to the multi- family project from Cranbeck Road shall be gated to restrict through access to Cranbeck Road, with the design of such access to be approved by the Fire Department. (T) 20. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permit for infrastructure improvements within the service district for the property: so $6,000 per dwelling unit, if paid prior to July 1, 2002; or The amount approved by the Board of Supervisors not to exceed $6,000 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2001, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2002. The $6,000 shall be allocated as follows: $1,765 to schools, $2,838 to roads, $805 to parks, $312 to fire and rescue and $280 to libraries. In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B and M) Ayes: Miller, Warren, Barber and McHale. Nays: None. Absent: Humphrey. Mrs. Humphrey returned to the meeting. 02SN0233 02PD0273 In Bermuda Magisterial District, VOICESTREAM WIRELESS requests Conditional Use Planned Development, appeals a Substantial Accord Determination and amendment of zoning district map to permit a communications tower with exceptions to Ordinance requirements in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use: neighborhood office and single family residential. This request lies on 0.12 acre fronting approximately 20 feet on the south line of West Hundred Road, approximately 265 feet west of 01d Centralia Road. Tax ID 791-655-Part of 4094 (Sheet 26). Ms. Rogers presented a summary of Cases 02SN0233 02PD0273 and stated that the Planning Commission and staff have recommended denial of the Conditional Use and have determined that the proposal is not in substantial accord with the Comprehensive Plan. She further stated that, since the Planning Commission's hearing of the case, the applicant has met with area property owners as well as the Chester Community Association and, as a result of those meetings, 02-468 06/26/02 submitted eight proffered conditions today, one of which requires installation and maintenance of landscaping along Route 10 so as to minimize the view of the base of the tower. She noted that the Board would have to suspend its rules to consider the proffered conditions. She stated that staff continues to recommend denial of the conditional use and that the Planning Commission's substantial accord determination be upheld. Mr. Steve Romine, representing the applicant, requested that the Board suspend its rules to allow for consideration of the new proffered conditions. He stated that the Planning Commission's primary concern was community support, and indicated that Chester Community Association supports the applicant's proposal to provide landscaping to assist with the aesthetics of the area. He further stated that the applicant has successfully co-located across the county and this is the last critical site for its intense launch. He requested that the Board support the request. Mr. McHale stated that he feels the community concerns as well as the concerns of Bermuda District Planning Commissioner, Phil Cunningham, have been addressed through the new proffered conditions. Mr. McHale then made a motion, seconded by Mr. Barber, for the Board to suspend its rules to allow for consideration of the proffered conditions. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller called for the public hearing. Ms. Phyllis Bass, representing the Chester Community Association, stated that the residents' concerns have been addressed. She encouraged the applicant to provide staggered shrubbery landscaping in two rows to further hide the base of the tower. Mr. Charles Armistead, whose property adjoins the subject property, expressed concerns relative to trash in the area of the existing tower and the lack of screening on the side of the tower where his home is located. When asked, Mr. Romine stated that the applicant is willing to work with Mr. Armistead to address his concerns. Mr. Armistead stated that he built his home after the original tower was already in place, and indicated that he will support the request if the applicant is willing to address his concerns. There being no one else to speak to the request, the public hearing was closed. Mr. McHale stated that he feels the Planning Commission's recommendation would have been different had they heard the amended case. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board overruled the substantial accord determination of the Planning Commission to find that 02SN0233 is in compliance with the county's Comprehensive Plan. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 02SN0233 and accepted the following proffered conditions: 02-469 06/26/02 There shall be no signs permitted to identify this use. (P) o Prior to the release of a building permit, an easement agreement, acceptable to the Planning Department, to allow the installation and maintenance of the landscaping described herein shall be recorded. Beginning at the eastern property line of Tax ID 791- 655-4094, proceeding in a westward direction for eighty (80) feet, landscaping consisting of Leyland Cypress having a minimum height of six (6) feet at the time of planting shall be installed a minimum of ten (10) feet on center generally parallel to and twenty (20) feet from the ultimate right of way of West Hundred Road. (P) The tower and equipment shall be designed and installed so as not to mnterfere with the Chesterfield County Communications System. Prior to final site plan approval or release of a building permit, whichever occurs first, 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 Communications 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) The tower shall be gray or another neutral color, acceptable to the Planning Department. (b) The tower shall not be lighted. (P) o Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19-570 (b) and (c) 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.) In conjunction with the approval of this request, a one hundred (100) foot exception to the fifty (50) foot height limitation for communications towers shall be granted. (P) 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: These proffers are in addition to the requirements for case 64-63A.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-470 06/26/02 Mr. Miller requested a ten-minute recess. Reconvening: 16. PUBLIC HEARINGS 16.G. TO CONSIDER ADOPTION OF THE CONSOLIDATED EASTERN AREA PLAN AND COMPANION ZONING ORDINANCE DEVELOPMENT STANDARDS ALONG MAJOR ROADS Mr. McHale requested that the public hearing to consider adoption of the Consolidated Eastern Area Plan and companion zoning ordinance development standards be deferred until August 28, 2002, to further address citizens' concerns. Mr. Miller called for the public hearing. No one came forward to speak to the deferral. On motion of Mr. McHale, seconded by Mr. Warren, the Board deferred the public hearing to consider the Consolidated Eastern Area Plan and companion zoning ordinance development standards along major roads until August 28, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16.A. TO CONSIDER AN INCREASE IN FY2002 SCHOOL OPERATING APPROPRIATIONS Ms. Dickson stated that this date and time has been advertised for a public hearing to consider increasing the FY2002 School Operating appropriations by $880,643. Mr. Miller called for the public hearing. No one came forward to speak to the issue. Discussion ensued relative to the state sales tax shortfall, restoration of fund balance accounts, and unspent appropriations. Mr. Barber expressed concerns relative to the difference in the actual cost of a new high school and the $11 million potential loan from the state. Ms. Kitchen stated that the School Board is only requesting funding from the state at this time for site and architectural and engineering fees, and is not requesting construction funding. Mr. Miller expressed concerns relative to the extravagant amenities being provided in new schools. Ms. Kitchen stated that a community process is followed for all new schools, and indicated that the community supports the amenities. Discussion ensued relative to avenues to provide funding for construction of a new school and the School Board's payment of debt service. Mr. McHale expressed concerns that the new Matoaca High School has set a new standard and that the same amenities will be expected for future schools. He further expressed concerns that technology upgrades for other schools might be delayed because of these new standards. 02-471 06/26/02 Ms. Kitchen stated that the School Board decided not to deploy technology in every school at this time because it is difficult to manage. She further stated that there are funds in the Capital Improvement Program for the Technology Master Plan that could be used for deploying technology into the other high schools, but the School Board is not ready to do so until it receives results from Matoaca High School's program. When asked, Ms. Kitchen stated that she will provide the Board members with a list of the elementary schools scheduled to receive playground equipment. Discussion ensued relative to potential uses of the current Matoaca High School. On motion of Mr. McHale, seconded by Mr. Barber, the Board increased estimated revenues in the School Operating Fund by $880,643; revised appropriations by Decreasing Instruction $300,000, and increasing Administration/Attendance and Health by $278,372, Pupil Transportation by $100,000, Operations and Maintenance by $620,114, and Debt Service by $182,157; and approved reserving the necessary funds (approximately $2,410,803) for re-appropriation in FY2003 in various accounts, after year-end results are finalized. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16.B. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO 16 .C · PLANNING FEES (PLANNING COMMISSION PROPOSAL) TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO PLANNING FEES (COUNTY ADMINISTRATOR PROPOSAL) Ms. Dickson stated that this date and time has been advertised for continuation of the April 24, 2002 public hearings to consider the Planning Commission and the County Administrator's proposals for an ordinance amendment relating to planning fees. She reviewed the three options for the Board to consider: 1) the Planning Commission proposal which includes a seven percent increase in fees and covering approximately 47 percent of the FY2001 costs incurred; 2) the County Administrator's proposal for a 32 percent increase in fees and covering approximately 58 percent of the FY2001 costs incurred; and 3) the proposal adopted in the FY2003 budget which is half-way between the other two proposals. She then reviewed the three planning fee proposals without increases in commercial and industrial fees. Mr. Miller called for the public hearing on the Planning Commission's proposal. Mr. Roger Habeck, President of the Chesterfield County Chamber of Commerce, presented results of a study comparing the county's planning fees with other jurisdictions. He expressed concerns that exorbitant planning fees would deter business development in the county and stated that he feels commercial and industrial development fees should be separated from residential development fees. He stated that a decrease in commercial and industrial development fees would show that the county supports business development and would be a tremendously positive step. Mr. David Root, representing the Richmond Homebuilders Association, stated that the association supports the Planning Commission's recommendation. He expressed concerns that the Board would lower the county's real estate tax rate and then raise development fees. He stated that he feels separating commercial and industrial development fees from residential fees will result in a more difficult process. 02-472 06/26/02 Mr. Miller expressed concerns relative subsidizing residential development. to taxpayers Mr. Chris Andreano stated that residential fees are easily passed on from the developer to the purchaser; therefore, the effect is much smaller than the fees for commercial and industrial development. He further stated that he feels reduced fees for commercial and industrial development would have a positive impact on businesses considering locating in the county. He noted that the Jefferson Davis Enterprise Zone is a great project because of the reduced fees and incentives provided to businesses that locate there. Mr. Bob Schrum encouraged the Board to consider reducing commercial and industrial planning fees, noting that the business community generates extremely low costs for the county. There being no one else to speak to the ordinance, the public hearing was closed. Mr. Miller then called for the public hearing on the County Administrator's proposal. Mr. Habeck requested that his earlier remarks be replicated. No one came forward to speak to the County Administrator's proposal. Mr. Barber expressed concerns relative to tailoring development based on the fee structure. He stated that he initially felt compelled to support the County Administrator's proposal but, because the tax rate was reduced, he is now less inclined to support fee increases. He further stated that, at this point, he would support no fee increase or the Planning Commission's proposal for a smaller fee increase, and request that staff consider the fee structure and how it might be applied to future development when preparing the growth recommendations requested at the growth summit. Mr. Warren stated that he agrees with Mr. Barber's approach and feels the fees should be part of a total package dealing with growth. He further stated that it is his desire that the County Administrator prepare a growth package for the Board to consider which includes planning fees. Mr. McHale stated that he feels the issue of the county's fees for commercial and industrial development being higher than other jurisdictions should be addressed. He further stated that development should pay its own way, but he doesn't think the Board should ignore the fact that investments in commercial and industrial property create tax revenue larger in proportion to the drawdown on infrastructure. He stated that he is prepared to make a motion for the Board to implement the County Administrator's recommendation for residential development only and reduce the fees for commercial and industrial development by five percent. He further stated that he feels this is consistent with what was discussed at the growth summit and the Board would be headed in the right direction. Mr. Miller stated that he does not see the planning fees as a growth issue, but rather an economic issue. He further stated that county has continued to subsidize residential development and he does not feel it is paying its way. He expressed concerns that it is bad business to subsidize development and noted that, even if the County Administrator's proposal is adopted, the county will only be able to recover 58 percent of costs incurred. He stated that he feels it is prudent to separate residential 02-473 06/26/02 development fees from commercial and industrial development fees, and indicated that he would support Mr. McHale's motion. Mrs. Humphrey stated that she does not feel the county should be subsidizing residential development fees, and indicated that she would support Mr. McHale's motion. Mr. Barber expressed concerns relative to reducing the tax rate and then increasing fees, and stated that he cannot support the motion as presented. Mr. McHale restated his motion for the Board to adopt the County Administrator's proposal for an ordinance relating to application fees for subdivision, zoning, site plan and other planning approvals, as amended. The amendment reduced the current commercial and industrial fees five percent. Mr. Micas clarified that the rezoning classification for commercial and industrial fees also includes office fees, and noted that there will be some rounding in the five percent reduction. Mrs. Humphrey seconded the motion. Mr. Miller called for a vote on the motion of Mr. McHale, seconded by Mrs. Humphrey, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 17-11, 19-25 AND 19-279 RELATING TO APPLICATION FEES FOR SUBDIVISION, ZONING, SITE PLAN AND OTHER PLANNING APPROVALS. BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (i) That Sections 17-11, 19-25 and 19-279 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 17-11. Fees. The fees for processing subdivisions by the county shall be payable upon submission of the plats to the county for tentative or final approval and shall be equal to the following: (a) Tentative subdivision approval, or resubmittal of an expired previously approved tentative: (1) Original submittal, including up to two resubmittals $310.00 Plus, per lot 20.00 (2) Renewal of previously approved tentative, including up to two resubmittals in accordance with provisions of section 17-32 310.00 Plus, per lot 20.00 (3) Third and subsequent submittal for (1) and (2), per submittal 210.00 (4) Substitute to approved tentative, per submittal 50.00 (5) Adjusted tentative for previously approved tentative, including up to two resubmittals 310.00 02-474 06/26/02 Plus, per lot 20.00 Third and subsequent submittal, per submittal 210.00 (b) Final check, amended and resubdivision plat review: (1 Final check subdivision plat review 680.00 (Only one base fee will be required for final check plats required to be submitted in multiple sections due to provisions of section 17-42.) Plus, per lot 10.00 (2 Final check resubdivision plat review 520.00 Plus, per lot 10.00 (3 Final check amended plat review 310.00 Plus, per lot 10.00 c) Minor subdivision plat review .310.00 d) Residential parcel subdivision, per parcel 35.00 e) Parcel line modification review, per parcel 25.00 f) Appeal of decision of director of planning 270.00 (g) Onsite sewage disposal system soils analysis review, per lot/parcel 155.00 (h) Request by applicant to defer Planning Commission consideration of plat, per request (1) 40 or fewer days 250.00 (2) More than 40 days 150.00 (Ord. of 2-21-01, § 1) State law reference(s)--Code of Virginia, § 15.2-2241. o o o Sec. 19-25. Fees. The following fees, which include the costs of hearings, advertisements and notices when required, shall be deposited simultaneously with the filing of the application: (a) Zoning reclassification: (1) Without conditional use planned development a. Rezoning to R, R-TH, R-MF, MH or A classification 2,400.00 Plus, per acre for the first 200 acres 80.00 Plus, per acre over 200 acres 40.00 02-475 06/26/02 (b) Rezoning to O, I, or C classification 1,520.00 Plus, per acre for the first 200 acres 50.00 Plus, per acre over 200 acres 20.00 (2) With conditional use planned development (3) so Rezoning to R, classification R-TH, R-MF, MH or A 4,300.00 Plus, per acre for the first 200 acres 80.00 Plus, per acre over 200 acres 40.00 Rezoning to O, I, or C classification 2,660.00 Plus, per acre for the first 200 acres 60.00 Plus, per acre over 200 acres 20.00 No applicant for a zoning reclassification for any office, commercial or industrial use within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request, is in compliance with the comprehensive plan. This exemption shall continue for the life of the Enterprise 1 Zone. ~ The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Conditional uses: Manufactured homes: a. New 550.00 b. Renewal (1) (2) 250.00 Family day care homes Existing zoning R, R-TH, R-MF, MH or A classification 250.00 Existing zoning O, I, or C classification 240.00 (3) Planned development: Without zoning reclassification (i) Plus, per acre {ii) Existing zoning classification Plus, per acre 02-~76 Existing zoning R, R-TH, R-MF, MH or A classification 3,800.00 40.0O O, I, or C 2,380.00 10.00 06/26/02 (c) b. With zoning reclassification (i) Rezoning to R, R-TH, R-MF, MH or A classification 4,300.00 Plus, per acre for the first 200 acres 80.00 Plus, per acre over 200 acres 40.OO (ii) Rezoning to O, I, or classification 2,660.00 C Plus, per acre for the first 200 acres 60.00 Plus, per acre over 200 acres 20.OO C · Amend condition of planned development to include a condition of a textual statement, per first two conditions (±) Existing zoning R, R-TH, R-MF, MH or A classification 2,400.00 Each additional condition thereafter 600.00 (ii) Existing zoning O, I, or classification 1,520.00 C Each additional condition thereafter 380.00 (4) Ail others so Existing zoning R, R-TH, R-MF, MH or A classification 1,900.00 Plus, per acre 80.00 Existing zoning O, I or C classification ._. $1,190.00 Plus, per acre 30.00 (5) No applicant for a conditional use or planned development for any office, commercial or industrial use within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive plan. This exemption shall continue for the life of the Enterprise Zone.2 2 The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Amend condition of zoning, other than condition of planned development: (1) Per first two conditions Existing zoning R, R-TH, R-MF, MH or A classification 2,400.00 02-477 06/26/02 (d) (e) bo Each additional condition thereafter 600.00 Existing zoning O, I or C classification .1,520.00 Each additional condition thereafter 380.00 (2) No applicant seeking to amend a condition of zoning for any office, commercial or industrial use within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive plan. This exemption shall continue for the life of the Enterprise 3 Zone. 3 The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Special exceptions .1,250.00 Plus, per acre .30.00 Amend condition of special exception (1) Per first two conditions (2) Each condition thereafter (f) Variances, setback, request to BZA (1) (2) 400.00 100.00 Variance for first ordinance section varied from 250.00 Each additional ordinance section varied from 150.00 (g) Variances, administrative Variance for first ordinance section varied from 250.00 Each additional ordinance section varied from .150.00 (i) (2) (h) Variances, all other Variance for first ordinance section varied from 600.00 (1) Each additional ordinance section varied from 150.00 (2) Appeal to board of zoning appeals pursuant to section 19-21 500.00 (i) Sign permits: (1) Temporary signs, as permitted by article IV of the Development Standards Manual 60.00 (2) Ail other signs for which building permits are required 110.00 02-~78 06/26/02 (3) No business located within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay a fee in order to obtain a sign permit. This exemption shall continue for the life of the Enterprise Zone.4 4 The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. (k) Substantial accord determinations: (1) (m) (1) Existing zoning classification R, R-TH, R-MF, FfH or A a. Planning commission hearing 2,600.00 With accompanying zoning application 85O.0O b. Administrative determination 400.00 (2) Existing zoning O, I or C classification a. Planning commission hearing 1,620.00 With accompanying zoning application 520.00 b. Administrative determination 250.00 No applicant for substantial accord determination for any office, commercial or industrial use within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive plan. This exemption shall continue for the life of 5 the Enterprise Zone. 5 The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Modifications requirements to development standards and 250.00 Deferral/remand requests by the applicant, request: per (1) Remand request to Planning Commission i. Existing zoning R, R-TH, R-MF, MH or A classification 50% of original case fee ii. Existing zoning O, I, or C classification No fee (2) Deferral of 40 or fewer days Rezoning, substantial accord, conditional use, CUPD or special exception Existing zoning R, R-TH, R-MF, MH or A classification 500.00 02- 479 06/26/02 b. Existing zoning O, I, or C classification 240.00 ii. Modification to development standards, variance or appeal decisions to the BZA Existing zoning R, R-TH, R-MF, 14H or A classification 250.00 b. Existing zoning O, I, or C classification 240.00 (3) Deferrals of more than 40 days Rezoning, substantial accord, conditional use, CUPD or special exception ao Existing zoning R, R-TH, R-MF, MH or A classification 250.00 b. Existing zoning O, I, or C classification 140.00 ii. Modification to development standards, variance or appeal decisions to the BZA so Existing zoning R, R-TH, R-MF, MH or A classification 150.00 b. Existing zoning O, I, or C classification 140.00 No applicant requesting a deferral shall be required to pay a fee for the deferral if he was not charged a fee for his application. This exemption shall continue for the life of the 6 Enterprise Zone. 6 The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. (Code 1978, § 21.1-17; Ord. of 6-11-97, § 1; Ord. of 4-8-98, § 1; Ord. of 4-12-00, § 1; Ord. of 12-20-00, § 1) o o o Sec. 19-279. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing as follows: (a) Site plan: (1) Original submittal, including up to two resubmittals $900.00 Plus, per acre 60.00 (2) Third and subsequent resubmittal 310.00 resubmittals, per (3) Adjustment to approved site plan, per submittal or resubmittal 310.00 (4) No business located within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay any of the fees described in subsections (a) (1) through (a) (3) 02- ~80 06/26/02 -j above. This exemption shall continue for the life of the Enterprise Zone.~ ~ The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. b) (1) Schematic plan 1,140.00 Plus, per acre for the first 50 acres 50.00 Plus, per acre over 50 acres 20.00 (2) Amendment of approved schematic plan 250.00 c) Appeal of decision of director of planning 250.00 d) Request by applicant to defer Planning Commission consideration of plan, per request (1) 40 or fewer days .240.00 (2) More than 40 days 140.00 (Code 1978, § 21.1-280; Ord. of 4-10-96, § 1; 6-11-97, § 1; Ord. of 4-8-98, § 1; Ord. of 4-12-00) Ord. of That this ordinance shall become effective as of July 1, 2002. Ayes: Miller, Warren, Humphrey and McHale. Nays: Barber. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board denied the Planning Commission's proposal for an ordinance amendment relating to application fees for subdivision, zoning, site plan and other planning approvals. Ayes: Miller, Warren, Humphrey and McHale. Nays: Barber. 16.D. TO CONSIDER AN ORDINANCE RELATINO TO VOTING PRECINCTS AND POLLING PLACES Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance relating to voting precincts and polling places. Mr. Haake reviewed the proposed adjustments of voting precinct boundaries, changes of polling places, and changes in the names of voting precincts. Discussion ensued relative to the naming of precincts and polling places to alleviate confusion by voters. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. 02- 481 06/26/02 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 7-3RELATING TO PRECINCT BOUNDARIES AND POLLING PLACES BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (i) That Section 7-3of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 7-3. Precinct boundaries and polling places. The following shall be the precinct boundaries and polling places for magisterial districts in the county: BERMUDA MAGISTERIAL DISTRICT Bellwood Voting Precinct (101): Beginning at the point where the center line of the southern boundary of Richmond National Battlefield Park intersects the boundary line between Henrico County and Chesterfield County; thence eastwardly along said boundary line as it meanders with the James River south to its intersection with Proctors Creek; thence westwardly along the center line of Proctors Creek to its intersection with a spur line of the CSX Railroad; thence northwardly along the center line of said right-of-way to its intersection with Kingsland Creek; thence eastwardly along the center line Kingsland Creek to its intersection with the CSX Railroad right of way; thence northeastwardly along the center line of said right of way to its intersection with U. S. Route 1/301 (Jefferson Davis Highway); thence south along the center line of U.S. Route 1/301 to its intersection with Bellwood Road; thence northeastwardly along the center line of Bellwood Road to its intersection with Interstate 95; then northward along the center line of Interstate 95 to its intersection with the northern boundary lines of Census Blocks 1004033006 and 1004033007; thence eastwardly along the boundary line of Census Blocks 1004033006 and 1004033007 to their intersection with the southern boundary line of Richmond National Battlefield Park; thence northeastwardly along the center line of the southern boundary line of Richmond National Battlefield Park to its intersection with the boundary line between Chesterfield County and Henrico County, the point and place of beginning. The voting place for Bellwood Voting Precinct shall be the Perrymont School, 8610 Perrymont Road. South Chester Voting Precinct (102): Beginning at the point where the center iine of West Hundred Road (State Route 10) intersects the center line of U.S. Interstate 95 (Richmond-Petersburg Turnpike); thence running southwardly along the center line of U.S. Interstate 95 (Richmond-Petersburg Turnpike) to its intersection with Ruffin Mill Road; thence westward along the center line of Ruffin Mill Road to its intersection with the CSX Railroad; thence northwestwardly along the center line of said right-of-way to its intersection with Ashton Creek; thence westwardly along the center line of Ashton Creek to its intersection with Harrowgate Road (State Route 144); thence northwardly along the center line of Harrowgate Road (State Route 144) to its intersection with West Hundred Road (State Route 10); thence eastwardly along the center line of West Hundred Road (State Route 10) to its intersection with U.S. 02- 482 06/26/02 Interstate 95 (Richmond-Petersburg Turnpike), the point and place of beginning. The voting place for South Chester voting Precinct shall be Chester United Methodist Church, 12132 Percival Street. Enon Voting Precinct (103): Beginning at the point where the center line of U.S. Interstate 295 intersects the boundary line between Henrico County and Chesterfield County; thence south along the center line of U. S. Interstate 295 to its intersection with the Seaboard Coast Line right-of-way; thence westward along said right-of-way to its intersection with Ramblewood Drive (State Route 617); thence southeastwardly along the center line of Ramblewood Drive (State Route 617) to its intersection with Rebel Ridge Road (State Route 1093); thence westward along the center line of Rebel Ridge Road (State Route 1093) to its intersection with Walthall Drive (State Route 1090); thence southeastwardly along the center line of Walthall Drive (State Route 1090) to its intersection with Ruffin Mill Road (State Route 746); thence southwestwardly along the center line of Ruffin Mill Road (State Route 746) to its intersection with Ashton Creek; thence along the center line of Ashton Creek as it meanders westward to its intersection with U.S. Interstate 95 (Richmond-Petersburg Turnpike); thence southwardly along the center line of U.S. Interstate 95 (Richmond-Petersburg Turnpike) to its intersection with Swift Creek, which acts as the boundary line between Chesterfield County and the City of Colonial Heights; thence along said boundary as it meanders eastwardly to its intersection with the boundary between Chesterfield County and Prince George County; thence along the boundary lines between Chesterfield County and Prince George County, the City of Hopewell and Charles City County as it meanders to the intersection with the boundary line between Chesterfield County and Henrico County; thence along said boundary line as it meanders northwestward with the James River to the point where it intersects with the center line of U.S. Interstate 295, the point and place of beginning. The voting place for Enon Voting Precinct shall be Enon Fire Department, 1920 East Hundred Road. o o o Harrowgate Voting Precinct (106): Beginning at the point where the center line of Ruffin Mill Road intersects the center line of U.S. Interstate 95; thence westward along the center line of Ruffin Mill Road to its intersection with U.S. Route 1/301 (Jefferson Davis Highway); thence southward along the center line of U.S. Route 1/301 (Jefferson Davis Highway to its intersection with Tinsberry Creek; thence northwestward along the center line of Tinsberry Creek to its intersection with Branders Bridge Road; thence southeastward along the center line of Branders Bridge Road to its intersection with the boundary line between Chesterfield County and the City of Colonial Heights; thence south and east along the center line of said boundary line to its intersection with U. S. Interstate 95; thence northward along the center line of U.S. Interstate 95 to its intersection with Ruffin Mill Road, the point and place of beginning. The voting place for Harrowgate Voting Precinct shall be at Harrowgate Elementary School, 15501 Harrowgate Road. Wells Voting Precinct (107): Beginning at the point where the center line of the CSX Railroad right-of-way intersects the center line of Ruffin 02- 4,83 06/26/02 Mill Road; thence northward along the center line of said right-of-way to its intersection with Ashton Creek; thence westward along the center line of Ashton Creek to its intersection with Harrowgate Road (State Route 144); thence southward along the center line of Harrowgate Road to its intersection with Old Happy Hill Road (State Route 619); thence westward along the center line of Old Happy Hill Road to its intersection with Branders Bridge Road (State Route 625); thence southward along the center line of Branders Bridge Road to its intersection with Tinsberry Creek; thence southeastward along the center line of Tinsberry Creek to its intersection with U. S. 1/301 (Jefferson Davis Highway); thence northward along the center line of U. S. 1/301 (Jefferson Davis Highway) to its intersection with Ruffin Mill Road; thence eastward along the center line of Ruffin Mill Road to its intersection with the CSX Railroad right-of- way, the point and place of beginning. The voting place for Wells Voting Precinct shall be C.C. Wells Elementary School, 13101 South Chester Road. Ecoff Voting Precinct (108): Beginning at the point where the center line of Iron Bridge Road (State Route 10) intersects the center line of Chalkley Road (State Route 632); thence northwardly along the center line of Chalkley Road (State Route 632) to its intersection with Centralia Road (State Route 145); thence eastwardly along the center line of Centralia Road (State Route 145, continuing as State Route 717) to its intersection with Old Centralia Road (State Route 609); thence southwardly along the center line of Old Centralia Road (State Route 609) to its intersection with West Hundred Road (State Route 10); thence westwardly along the center line of West Hundred Road (State Route 10) to its intersection with Harrowgate Road (State Route 144); thence southwardly along the center line of Harrowgate Road (State Route 144) to its intersection with Happy Hill Road (State Route 619); thence westwardly along the center line of Happy Hill Road (State Route 619) to its intersection with Old Happy Hill Road; thence westward along the center line of Old Happy Hill Road to its intersection with Branders Bridge Road (State Route 625); thence northwestwardly along the center line of Branders Bridge Road (State Route 625) to its intersection with Iron Bridge Road (State Route 10); thence westwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Chalkley Road (State Route 632), the point and place of beginning. The voting place for Ecoff Voting Precinct shall be Ecoff Elementary School, 5200 Ecoff Avenue. o o o Iron Bridge Voting Precinct (111): Beginning at the point where the center line of Iron Bridge Road (State Route 10) intersects the center line of Centralia Road (State Route 145); thence eastwardly along the center line of Centralia Road (State Route 145) to its intersection with Chalkley Road (State Route 632); thence southwardly along the center line of Chalkley Road (State Route 632) to its intersection with Iron Bridge Road (State Route 10); thence southeast along the center line of Iron Bridge Road (State Route 10) to its intersection with Branders Bridge Road; thence southward along the center line of Branders Bridge Road to its intersection with Swift Creek; thence along the center line of Swift Creek as it meanders northwestwardly to its intersection with an unnamed tributary; thence northeastwardly along the center line of said tributary to its intersection with Lewis Road; thence northward along the center line of Lewis Road (State Route 02- ~8~ 06/26/02 632) to its intersection with Iron Bridge Road; thence west and north along the center line of Iron Bridge to its intersection with Centralia Road (State Route 145), the point and place of beginning. The voting place for Iron Bridge Voting Precinct shall be Chesterfield Community High School, 12400 Branders Bridge Road. DALE MAGISTERIAL DISTRICT Gates Voting Precinct (201): Beginning at the point where the center line of Salem Church Road (State Route 642) intersects the center line of a creek known as Great Branch; thence along the center line of Great Branch as it meanders westwardly to its intersection with Krause Road (State Route 903); thence northwardly along the center line of Krause Road (State Route 903) to its intersection with Courthouse Road (State Route 2099); thence westwardly along the center line of Courthouse Road (State Route 2099) to its intersection with Iron Bridge Road (State Route 10); thence north along the center line of Iron Bridge Road to its intersection with Route 288; thence westward along the center line of Route 288 to its intersection with Qualla Road; thence southward along Qualla Road to its intersection with Swift Creek; thence eastward along the center line of Swift Creek to its intersection with Beach Road (State Route 655); thence northeastward along the center line of Beach Road to its intersection with Iron Bridge Road; thence east and south along the center line of Iron Bridge Road (State Route 10) to its intersection with Centralia Road (State Route 145) thence eastwardly along the center line of Centralia Road (State Route 145) to its intersection with Shiloh Drive (State Route 750); thence northwardly along the center line of Shiloh Drive (State Route 750) to its intersection with Thornington Drive (State Route 829); thence westwardly along the center line of Thornington Drive (State Route 829) to its intersection with Old Warson Drive (State Route 1905); thence westwardly along the center line of Old Warson Drive (State Route 1905) to its intersection with Salem Church Road (State Route 642); thence southwestwardly along the center line of Salem Church Road (State Route 642) to its intersection with Great Branch, the point and place of beginning. The voting place for Gates Voting Precinct shall be O.B. Gates Elementary School, 10001 Courthouse Road. o o o Jacobs Voting Precinct (204): Beginning at the point where the center line of an extension of Gregory Drive intersects the center line of Falling Creek; thence southeastwardly along the center line of Falling Creek to its intersection with Newby's Bridge Road (State Route 649); thence southwardly along the center line of Newby's Bridge Road (State Route 649) to its intersection with Burnett Drive; thence west along the center line of Burnett Drive to its intersection with Newby's Wood Trail; thence northward along the center line of Newby's Wood Trail to its intersection with the Dominion Virginia Power power lines; thence northwest along the center line of said power line to an unnamed tributary of Horners Creek; thence northeast along the center line of said tributary to its intersection with Horners Creek; thence northeast along the center line of said creek to its intersection with Fordham Road; thence northwest along the center line of Fordham Road to its intersection with Gregory Drive; thence northeast along the center line of Gregory Drive and an extension of Gregory Drive to its 02- 485 06/26/02 intersection with Falling Creek, beginning. the point and place of The voting place for Jacobs Voting Precinct shall be Jacobs Road Elementary School, 8800 Jacobs Road. o o o Meadowbrook Voting Precinct (208): Beginning at the point where the center line of Iron Bridge Road (State Route 10) intersects the center line of Chippenham Parkway (State Route 150); thence southeastwardly along the center line of Chippenham Parkway (State Route 150) to its intersection with Hopkins Road (State Route 637); thence southwardly along the center line of Hopkins Road (State Route 637) to its intersection with Beulah Road (State Route 641); thence southwestwardly along the center line of Beulah Road (State Route 641) to its intersection with Kingsland Creek; thence westwardly along the center line of said creek to its intersection with Iron Bridge Road (State Route 10); thence northwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Chippenham Parkway (State Route 150), the point and place of beginning. The voting place for Meadowbrook Voting Precinct shall be New Covenant Presbyterian Church, 6415 Iron Gate Drive. o o o Five Forks Voting Precinct (210): Beginning at the point where the center line of Newby's Bridge Road (State Route 649) intersects the center line of Falling Creek; thence southeastwardly along the center line of Falling Creek to its intersection with Belmont Road (State Route 651); thence southwestwardly along the center line of Belmont Road (State Route 651) to its intersection with Cogbill Road (State Route 638); thence eastwardly and northwardly along the center line of Cogbill Road (State Route 638) to its intersection with Kingsland Creek; thence along said creek as it meanders southeastwardly to its intersection with Iron Bridge Road (State Route 10); thence southwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Route 288; thence westward along the center line of Route 288 to its intersection with Qualla Road; thence northeastward along the center line of Qualla Road to its intersection with Courthouse Road; thence southeastwardly along the center line of Courthouse Road (State Route 604) to its intersection with Belmont Road (State Route 651); thence eastwardly along the center line of Belmont Road (State Route 651) to its intersection with Newby's Bridge Road (State Route 649); thence proceeding northeastwardly along the center line of Newby's Bridge Road (State Route 649) to its intersection with Falling Creek, the point and place of beginning. The voting place of Five Forks Voting Precinct shall be Asbury United Methodist Church, 7151 W. Belmont Road. Nash Voting Precinct (211): Beginning at the point where the center line of Beach Road (State Route 655) intersects the center line of Iron Bridge Road (State Route 10); thence southwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Lewis Road (State Route 632); thence southwardly along the center line of Lewis Road (State Route 632) to its intersection with Lake Dale; thence southwestwardly along the center line of Lake Dale to its outfall at Swift Creek; thence southwardly along the center line of Swift Creek to 02- 4,86 06/26/02 its intersection with Bradley Bridge Road; thence along the center line of Bradley Bridge Road to its intersection with Woodpecker Road (State Route 626); thence northwestwardly along the center line of Woodpecker Road (State Route 626) to its intersection with the eastern boundary of Pocahontas State Park; thence northward along the eastern boundary of Pocahontas State Park to its intersection with Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with Beach Road; thence northeastwardly along the center line of Beach Road to its intersection with Iron Bridge Road (State Route 10), the point and place of beginning. The voting place for Nash Voting Precinct shall be Iron Bridge Baptist Church, located at 10900 Iron Bridge Road. St. Luke's Voting Precinct (212): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the center line of Falling Creek; thence southwestward along the center line of Hull Street Road to its intersection with Genito Road; thence southeast along the center line of Genito Road to its intersection with Courthouse Road; thence south along the center line of Courthouse Road to its intersection with Belmont Road; thence eastward along the center line of Belmont Road to its intersection with Newby's Bridge Road; thence northeastward along the center line of Newby's Bridge Road to its intersection with Burnett Drive; thence westward on Burnett Drive to its intersection with Newby's Wood Trail; thence northward along the center line of Newby's Wood Trail to its intersection with the Dominion Virginia Power power lines; thence northwest along the center line of said power line to an unnamed tributary of Horners Creek; thence northeast along the center line of said tributary to its intersection with Horners Creek; thence northeast along the center line of said creek to its intersection with Fordham Road; thence northwest along the center line of Fordham Road to its intersection with Gregory Drive; thence northeast along the center line of Gregory Drive and an extension of Gregory Drive to its intersection with Falling Creek; thence westward along the center line of Falling Creek to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for St. Luke's Voting Precinct shall be St. Luke's United Methodist Church, 4101 Fordham Road. MATOACA MAGISTERIAL DISTRICT o o o Winterpock Voting Precinct (306): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the boundary line between the County of Chesterfield and the County of Amelia as said boundary line follows the Appomattox River in a southeastwardly direction to its intersection with the western line of Nooning Creek as flooded by Lake Chesdin; thence northwardly along the western line of Nooning Creek continuing along the center line of said creek to its intersection with the southwestern boundary line of census block 1007034014; thence in a northwardly direction along said boundary line to its intersection with Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with Beach Road (State Route 655); thence westwardly along the center line of Beach Road (State Route 655) to its intersection with Baldwin Creek Road (State Route 730); thence northwardly along the center line of Baldwin Creek Road (State Route 730) to its intersection with U.S. Route 360 (Hull Street Road); thence westwardly along the 02- 487 06/26/02 center line of U.S. Route 360 (Hull Street Road) to its intersection with the boundary line between the County of Chesterfield and the County of Amelia, the point and place of beginning. The voting place for Winterpock Voting Precinct shall be Fire Station 19, 14010 Beach Road. South Manchester Voting Precinct (308): Beginning at the point where the center line of North Bailey Bridge Road (State Route 651) intersects the center line of U.S. Route 360 (Hull Street Road); thence westwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with Qualla Road (State Route 653); thence northwardly along the center line of Qualla Road (State Route 653) to its intersection with Route 288; thence westward along the center line of Route 288 to its intersection with Claypoint Road; thence northward along the center line of Claypoint Road to its intersection with North Bailey Bridge Road; thence north along the center line of North Bailey Bridge Road to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for South Manchester Voting Precinct shall be Manchester High School, 12601 Bailey Bridge Road. o o o Evergreen Voting Precinct (312): Beginning at the point where the center line of Otterdale Road (State Route 667) intersects the center line of Old Hundred Road (State Route 754); thence northward along the center line of Otterdale to its intersection with the Virginia Power Company easement; thence southeastwardly along the center line of said easement to its intersection with Coalfield Road (State Route 754); thence southeastwardly along the center line of Coalfield Road (State Route 754) to its intersection with Miners Trail (State Route 720); thence eastwardly along the center line of Miners Trail (State Route 720) to its intersection with Lucks Lane (State Route 720); thence eastwardly along the center line of Lucks Lane (State Route 720) to its intersection with Courthouse Road (State Route 653); thence southwardly along the center line of Courthouse Road (State Route 653) to its intersection with Powhite Parkway (State Route 76); thence westwardly along the center line of Powhite Parkway (State Route 76) to its intersection with Old Hundred Road (State Route 652); thence northwestwardly along the center line of Old Hundred Road (State Route 652) to its intersection with Otterdale Road (State Route 667), the point and place of beginning. The voting place for Evergreen Voting Precinct shall be Evergreen Elementary School, 1701 Evergreen East Parkway. o o o CLOVER HILL MAGISTERIAL DISTRICT o o o LaPrade Voting Precinct (405): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the center line of Courthouse Road (State Route 653); thence northwardly along the center line of Courthouse Road (State Route 653) to its intersection with West Providence Road (State Route 678); thence eastwardly along the center line of West Providence 02- 488 06/26/02 Road, continuing as South Providence Road (State Route 678), to its intersection with Hicks Road; thence southeastwardly along the center line of Hicks Road (State Route 647) to its intersection with U.S. Route 360 (Hull Street Road); thence eastwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Proctor's Creek; thence southeastwardly along the center line of Proctor's Creek to its intersection with Newbys Bridge Road; thence southwestwardly along the center line of Newbys Bridge Road to its intersection with Falling Creek; thence westwardly along the center line of Falling Creek to its intersection with U. S. Route 360; thence westwardly along U. S. Route 360 to its intersection with Courthouse Road (State Route 653), the point and place of beginning. The voting place for LaPrade Voting Precinct shall be LaPrade Library, 9000 Hull Street Road. o o o Reams Voting Precinct (408): Beginning at the point where the center line of Courthouse Road (State Route 653) intersects the center line of Reams Road (State Route 647); thence southwardly along the center line of Courthouse Road for a distance of 2000 feet; thence due east for 400 feet to its intersection with an unnamed tributary of Falling Creek; thence southwardly along said tributary to its intersection with Dakins Drive (State Route 688); thence eastwardly along the center line of Dakins Drive (State Route 688) to its intersection with Adkins Road (State Route 672); thence northwardly along the center line of Adkins Road (State Route 672) to its intersection with Rosegill Road (State Route 2588); thence northeastwardly along the center line of Rosegill Road (State Route 2588) to its intersection with Reams Road (State Route 647); thence southeastwardly along the center line of Reams Road (State Route 647) to its intersection with South Providence Road; thence northwardly along the center line of South Providence Road to its intersection with U.S. Route 60 (Midlothian Turnpike); thence westwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with North Arch Road (State Route 672); thence southwardly along the center line of North Arch Road, continuing as South Arch Road (State Route 672) to its intersection with Reams Road (State Route 647); thence northwestwardly along the center line of Reams Road (State Route 647) to its intersection with Courthouse Road (State Route 653), the point and place of beginning. The voting place for Reams Voting Precinct shall be Reams Road Elementary School, 10141 Reams Road. o o o Crenshaw Voting Precinct (414): Beginning at the point where center line of U.S. Route 360 intersects the center line of Genito Road; thence westwardly along the center line of U. S. Route 360 to its intersection with North Bailey Bridge Road; thence south along North Bailey Bridge Road to its intersection with Claypoint Road; thence southeast along the center line of Claypoint Road to its intersection with Route 288; thence eastward along the center line of Route 288 to its intersection with Qualla Road; thence northeastward along the center line of Qualla Road to its intersection with Courthouse Road; thence northwest along the center line of Courthouse Road to its intersection with Genito Road; thence northwest along the center line of Genito Road to its intersection with U. S. Route 360, the point and place of beginning. 02- 489 06/26/02 The voting place for Crenshaw Voting Precinct shall be Crenshaw Elementary School, 11901 Bailey Bridge Road. MIDLOTHIAN MAGISTERIAL DISTRICT o o o Crestwood Voting Precinct (502): Beginning at the point where the center line of Powhite Creek intersects the boundary line between the County of Chesterfield and the City of Richmond; thence northwardly and westwardly along said boundary line to its intersection with the CSX Railroad right-of-way; thence westwardly along the center line of said right-of-way to its intersection with Buford Road (State Route 678); thence southwardly along the center line of Buford Road (State Route 678) to its intersection with Powhite Parkway (State Route 76); thence northeastwardly along the center line of Powhite Parkway (State Route 76) to its intersection with Powhite Creek; thence eastwardly along the center line of Powhite Creek to its intersection with the boundary line between the County of Chesterfield and the City of Richmond, the point and place of beginning. The voting place for Crestwood Voting Precinct shall be Crestwood Elementary School, 7600 Whittington Drive. o o o Belgrade Precinct (508): Beginning at the point where the center line of U.S. Route 60 (Midlothian Turnpike) intersects the center line of Huguenot Road (State Route 147); thence northeastwardly along the center line of Huguenot Road (State Route 147) as it continues as West Huguenot Road (State Route 147) to its intersection with Big Oak Lane (State Route 815); thence northeastwardly along the center line of Big Oak Lane (State Route 815) to its intersection with Castlestone Road (State Route 4080); thence northwardly along the center line of Castlestone Road (State Route 4080) to its intersection with Castle Hill Road (State Route 4081); thence northwestwardly along the center line of Castle Hill Road (State Route 4081) to its intersection with Robious Crossing Drive (State Route 832); thence southwardly along the center line of Robious Crossing Drive (State Route 832) to its intersection with Polo Parkway (State Route 5400); thence southwardly along the center line of Polo Parkway (State Route 5400) to its intersection with Robious Road (State Route 711); thence northeastwardly along the center line of Robious Road (State Route 711) to its intersection with Robious Station Circle; thence southward along the center line of Robious Station Circle to its intersection with the CSX Railroad right-of-way; thence westwardly along the center line of said right-of-way to its intersection with Falling Creek; thence along the center line of Falling Creek as it meanders southwardly to its intersection with U.S. Route 60 (Midlothian Turnpike); thence eastwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with Huguenot Road (State Route 147), the point and place of beginning. The voting place for Belgrade Voting Precinct shall be Robious Middle School, 2701 Robious Crossing Road. o o o Sycamore Voting Precinct (510): Beginning at the point where the center line of the western branch of Falling Creek intersects the center line of 02- 490 06/26/02 Coalfield Road (State Route 754); thence northwardly along the center line of Coalfield Road (State Route 754) to its intersection with U.S. Route 60 (Midlothian Turnpike); thence eastwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with Branchway Road (State Route 645); thence southwardly along the center line of Branchway Road (State Route 645) to its terminus; thence proceeding directly west from said terminus to its intersection with Edenberry Drive (State Route 2560); thence westwardly along the center line of Edenberry Drive (State Route 2560) to its intersection with Farnham Drive (State Route 2561); thence northwardly along the center line of Farnham Drive (State Route 2561) to its intersection with an unnamed tributary of Falling Creek; thence along said tributary as it meanders southwestwardly and meets Falling Creek; thence southwardly along the center line of Falling Creek until it meets the western branch of Falling Creek; thence northwestwardly along the western branch of Falling Creek to its intersection with Coalfield Road (State Route 754), the point and place of beginning. The voting place for Sycamore Voting Precinct shall be Midlothian Middle School, 13501 Midlothian Turnpike. Black Heath Voting Precinct (511): Beginning at the point where the center line of Robious Road (State Route 711) intersects the center line of Robious Station Circle; thence south along the center line of Robious Station Circle to its intersection with the CSX Railroad right-of-way; thence along the center line of said right-of-way to its intersection with Falling Creek; thence along the center line of Falling Creek as it meanders northwardly to its intersection with West Salisbury Drive (State Route 902); thence following the center line of West Salisbury Drive (State Route 902) eastwardly to its intersection with Salisbury Road (State Route 902); thence northeastwardly along the center line of Salisbury Road (State Route 902) to its intersection with Robious Road (State Route 711); thence southeastwardly along the center line of Robious Road (State Route 711) to its intersection with Robious Station Circle, the point and place of beginning. The voting place for Black Heath Voting Precinct shall be Salisbury Presbyterian Church, 13621 W. Salisbury Road. Beaufont Voting Precinct (513): Beginning at the point where the center line of U.S. Route 60 (Midlothian Turnpike) intersects the boundary line between the County of Chesterfield and the City of Richmond; thence northwardly along said boundary line to its intersection with Powhite Creek; thence westward along Powhite Creek to its intersection with Powhite Parkway (State Route 76); thence southwestwardly along the center line of Powhite Parkway (State Route 76) to its intersection with Buford Road (State Route 678); thence southwardly along the center line of Buford Road (State Route 678) to its intersection with U.S. Route 60 (Midlothian Turnpike); thence eastwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with the boundary line between the County of Chesterfield and the City of Richmond, the point and place of beginning. The voting place for Beaufont Voting Precinct shall be Chesterfield Village Clubhouse, 211 Lingstorm Lane. o o o 02- 49~ 06/26/02 (2) That this ordinance immediately upon adoption. shall become effective Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16.E. TO CONSIDER A REVISION TO THE SUBDIVISION ORDINANCE RELATIVE TO THE SECOND ACCESS REQUIREMENTS AT THE TIME OF ZONING Mr. Jacobson stated this date and time has been advertised for a public hearing to consider a revision to the Subdivision Ordinance to provide for some form of appeal relative to the second access requirements at the time of zoning. He further stated that the new subdivision regulations adopted last year include a provision that the Board of Supervisors, at the time of the zoning request, may grant relief to the second access requirement. He stated that, after one year of experience, the Planning Commission and staff are recommending deletion of the provision because the technical information available through the process at the time of subdivision is not normally available at the time of zoning. He further stated that there are standards provided in the Subdivision Ordinance that are used by the Planning Commission to grant the exception, but are not in the code that guides the Board and recommendations from the Planning Commission at the time of zoning. He stated that relief to the second access requirement may be granted by the Planning Commission at the time of subdivision review. He noted that the Board would still have the ability, through accepting a proffer, to not allow a developer a second access connection through an existing subdivision. Mr. Miller expressed concerns that, if the ordinance was adopted as proposed, the Board would not have a review of the Planning Commission's final decision relative to second access. Discussion ensued relative to the current appeal process for both the applicant and an aggrieved person relative to a second access decision. When asked, Mr. Micas stated that the Board could provide for a process of appeal to the Board of Supervisors on the second access issue. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. Mr. Barber stated that he feels it would be advantageous for the Board to take additional time to review the issue. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to continue the public hearing to consider a revision to the Subdivision Ordinance relative to the second access requirements at the time of zoning until August 28, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16.F. TO CONSIDER TRANSFER OF CABLE FRANCHISE FROM COMCAST TO AT&T COMCAST CORPORATION Mr. Micas stated that this date and time has been advertised for a public hearing to consider transfer of the cable franchise from Comcast to AT&T Comcast Corporation. He further stated that he is unaware of any legal basis to indicate that the new corporate entity could not complete all 02- 49,2 06/26/02 the requirements of the existing franchise. He stated that the Board has received a revised resolution that approves the transfer and includes two commitments - 1) to maintain an existing walk-in service center in the county; and 2) to maintain the service call responses at the same level it is today. He further stated that staff recommends approval of the franchise transfer conditioned on the two commitments. Mr. Miller stated that he and his wife own stock in AT&T, the value of which is less than $10,000, and indicated that he has been advised by the County Attorney that this does not represent a conflict of interest under the Virginia Conflict of Interest Act; therefore, he will participate in the public hearing. Mr. Kirby Brooks, representing Comcast, answer questions from the Board. came forward to Mr. Miller expressed concerns that there is no guarantee that a call center would be located in the county. Mr. Brooks stated that calls are entered into a database nationwide and are instantaneously sent to the local dispatcher's screen. Discussion ensued relative to issues that might arise if the call center were not located in the county. Mr. Brooks stated that he is personally an advocate for local call centers, but cannot answer whether AT&T Comcast will continue having a local call center. He further stated that Comcast is concerned about satisfying its customers by meeting their anticipated level of service. Mr. Miller inquired about the possibility of recourse if the call center was located outside of the county and customers complained that the service level deteriorated. Mr. Micas stated that, if the local call center transitioned to a regional or national call center, and the quality of service dropped, persistent failure would be considered a failure to comply with the franchise agreement and the Board could revoke the franchise agreement. He further stated that AT&T Comcast has committed through the transfer resolution to maintaining the same level of service response regardless of where the call center is located. Mr. Miller called for the public hearing. No one came forward to speak to the issue. Mr. Barber stated that he has had success getting assistance with Comcast's high speed Internet service. He further stated that there will still be a walk-in center where customers can pay their bills. Mr. Barber then made a motion, seconded by Mrs. Humphrey, for the Board to approve the transfer of the cable franchise from Comcast to AT&T Comcast Corporation subject to conditions by adopting the following resolution: WHEREAS, Comcast Cablevision of Chesterfield County ("Franchisee") is an indirect subsidiary of Comcast Corporation ("Comcast"), and Comcast intends to merge with AT&T Broadband to create a new company to be kno~ as AT&T Comcast Corporation (the "Merger"). Following the Merger, Franchisee will remain an indirect subsidiary of Comcast and the Franchisee's ultimate parent will be AT&T Comcast Corporation; and WHEREAS, Franchisee has requested that Chesterfield County ("Franchisee Authority") consent to the Merger and in 02- 493 06/26/02 accordance with the requirements of the Franchise has filed an FCC Form 394 (~Application") with the Franchise Authority; and WHEREAS, following the Merger, the resulting entity controlled by AT&T Comcast Corporation will continue to operate the System and continue to hold and be responsible for performance of the Franchise; and WHEREAS, Section 9.1 of the cable franchise agreement requires Franchisee's office to be open for business at least 9 hours per day and for customer service representatives to be available to answer incoming calls from 8:30 a.m. to 9:00 p.m. weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays; and WHEREAS, the cable franchise agreement requires Franchisee's dispatchers to be on duty until midnight, seven days per week, and after midnight to have repair calls answered by a qualified answering service; and WHEREAS, Franchisee and its predecessors in interest have satisfied the ordinance and franchise requirements by operating a customer service center in Chesterfield County for over 20 years; and WHEREAS, Franchisee has represented to the County that Franchisee plans to continue to maintain a walk-in customer service center in Chesterfield County; and WHEREAS, the Franchise Authority is willing to consent to the Merger described above. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. BE IT RESOLVED, that the Board of Supervisors approves the transfer of control of Comcast to AT&T Comcast Corporation in conformance with the Telecommunications Act of 1996 based on the expectation that the Franchisee will continue to satisfy its obligations under the County ordinance and Franchise Agreement and will maintain a walk-in customer service center in the county, and customer service access in accordance with Section 9.1 of the cable Franchise Agreement, which is at least as responsive as the current system. SECTION 2. adoption. This Resolution shall be deemed effective upon Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16.H. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN-FOOT EASEMENT WITHIN BRANDERMILL EXECUTIVE CENTER Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a sixteen-foot easement within Brandermill Executive Center. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to BRANDERMILL HOTEL, LLC, a Virginia limited liability company, ("GRANTEE"), a 16' easement within 02- 494 06/26/02 Brandermill Executive Center, CLOVER HILL 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 37, at Pages 12 and 13. WHEREAS, BRANDERMILL HOTEL, LLC, a Virginia limited liability company, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 16' easement across its property within Brandermill Executive Center, CLOVER HILL 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 37, Pages 12 and 13, by J. K. TIMMONS & ASSOCIATES, INC., dated AUGUST 27, 1980. The easement petitioned to be vacated is more fully described as follows: A 16' easement, within Brandermill Executive Center, designated to be vacated on a plat by TIMMONS, dated JANUARY 4, 2002, and revised MAY 14, 2002, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virqinia, 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 SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF That pursuant to Section 15.2-2272 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 15.2-2272 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 15.2-2276 of the Code of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the plat vacated. This Ordinance shall vest fee simple title of the easement hereby vacated in the underlying property owner 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 BRANDERMILL HOTEL, LLC, a Virginia limited liability company, or its successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16.I. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A THIRTY-FOOT UNIMPROVED RIGHT OF WAY WITHIN LAUREL BRANCH FARM Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a thirty-foot unimproved right of way within Laurel Branch Farm. 02- 495 06/26/02 Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to LYMAN R. BROWN, ("GRANTEE"), a portion of a 30' unimproved right of way within Laural Branch Farm, MATOACA 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 7, at Page 8. WHEREAS, LYMAN R. BROWN, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 30' unimproved right of way within Laurel Branch Farm, MATOACA 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 7, Page 8, by JARVIS B. HARDIN, C. E., dated DECEMBER 1918. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of a 30' unimproved right of way within Laurel Branch, the location of which is more fully shown on a plat made by POTTS, MINTER & ASSOCIATES, P. C., dated JUNE 1, 2002, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virqinia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF That pursuant to Section 15.2-2272 of the Code of Virqinia, 1950, as amended, the aforesaid portion of right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 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 15.2-2276 of the Code of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 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 portion of right of way hereby vacated in the abutting property owner of Lots 20 and 21, Subdivision of Tracts "H" and "I", Laurel Branch Farm, free and clear of any rights of public use. 02- ~96 06/26/02 Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and LYMAN R. BROWN, or their successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and ~cHale. Nays: None. 16 .J. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF MATWmNAY DRIVE, FOP/~m. RLY KNOWN AS MAE STREET A~D PORTIONS OF LOT LINES WIT~?N BLOCk G A~-D H, EAS~ C~STER SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of Mathenay Drive, formerly known as Mae Street and portions of lot lines within Block G and H, East Chester Subdivision. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to RICKEY W. DRENNEN and DEBORAH L. DRENNEN, (husband and wife), THOMAS E. HARPER and HAZEL C. HARPER, (husband and wife), O. CALVIN JACOBS and JOAN L. JACOBS, (husband and wife), JON P. CATHERS and PEN CATHERS, (husband and wife), MARK A. COPA and CHRISTINE D. COPA, (husband and wife), MILO F. RUSSELL, (widower), and DAVID E. SCOTT and SHIRLEY T. SCOTT, (husband and wife), ("GRANTEE"), a portion of Mathenay Drive, formerly known as Mae Street and vacates portions of lot lines within Blocks G and H, East Chester Subdivision, BERMUDA 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 2, at Page 306. WHEREAS, RICKEY W. DRENNEN and DEBORAH L. DRENNEN, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Mathenay Drive, formerly known as Mae Street and portions of lot lines within Blocks G and H, East Chester Subdivision, BERMUDA 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 2, Page 306, by W. W. LAPRADE ENGINEER & SURVEYOR, dated APRIL 1910, recorded JULY 10, 1910. The portion of right of way and portions of lot lines petitioned to be vacated are more fully described as follows: A portion of Mathenay Drive, formerly known as Mae Street, and the northeastern half of the lot lines between lots 126 and 128, Block G, the northeastern half of the lot lines between lots 129 and 137, Block G, and the southwestern half of the lot lines between lots 143 and 146, Block H, East Chester Subdivision, all as more fully shown on a plat made by W. W. LAPRADE ENGINEER & SURVEYOR, dated 02- &97 06/26/02 APRIL 1910, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virqinia, 1950 as amended, by advertising; and, ' WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF That pursuant to Section 15.2-2272 of the Code of Virqinia, 1950, as amended, the aforesaid portion of right of way and portions of lot lines be and are hereby vacated. GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a 16' sewer easement, as shown on the attached plat. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 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 15.2-2276 of the Code of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portion of right of way, hereby vacated in the abutting property owners free and clear of any rights of public use. RICKEY W. DRENNEN and DEBORAH L. DRENNEN, THOMAS E. HARPER and HAZEL C. HARPER and O. CALVIN JACOBS and JOAN L. JACOBS execute this ordinance to evidence their consent to vacate the lot lines within their property. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and RICKEY W. DRENNEN and DEBORAH L. DRENNEN, (husband and wife), THOMAS E. HARPER and HAZEL C. HARPER, (husband and wife), O. CALVIN JACOBS and JOAN L. JACOBS, (husband and wife), JON P. CATHERS and PEN CATHERS, (husband and wife), MARK A. COPA and CHRISTINE D. COPA, (husband and wife), MILO F. RUSSELL, (widower), and DAVID E. SCOTT and SHIRLEY T. SCOTT, (husband and wife), or their successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16.K. TO CONSIDER THE CONVEYANCE OF RI~TS OF WAY AND EASEMENTS ON COUNTY PROPERTY AT THE FALLING C~R~K WASTEWATER TREATMENT PLANT FOR THE 1-895 PROJECT Mr. Stith stated that this date and time has been advertised for a public hearing to consider the conveyance of rights of way and easements on county property at the Falling Creek Wastewater Treatment Plant for the 1-895 Project. Mr. Miller called for the public hearing. No one came forward to speak to the issue. 02- 498 06/26/02 On motion of Mr. Miller, seconded by Mr'. McHale, the Board approved the conveyance of rights of way and easements on county property at the Falling Creek Wastewater Treatment Plant to the Virginia Department of Transportation, easements to Virginia Electric and Power Company, and an easement to Verizon Virginia Incorporated for the 1-895 Project, and authorized the Chairman of the Board of Supervisors and the County Administrator to execute the deed and easement agreements. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 17. REMAINING MOB!T.~ HOME pERMITS AND ZONING REQUESTS. There were no remaining mobile home permits or zoning requests at this time. 18. ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 10:48 p.m. until July 24, 2002 at 3:00 p.m. Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. County Administra~br Cha i rma~ 02- 499 06/26/02