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11-26-2002 MinutesBOARD OF SUPERVISORS MINUTES November 26, 2002 Supervisors in Attendance~ 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 Staff in Attendance~ Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Mr. Allan Carmody, Budget Manager Ms. Marilyn Cole, Asst. County Administrator Mr. William Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department 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 Mr. Donald Kappel, Dir., Public Affairs Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. B. R. Wilkinson, License Inspector Mr. Scott Zaremba, Asst. Dir., Human Resource Management Mr. Miller called the regularly scheduled meeting to order at 4:08 p.m. 02- 826 11/26/02 1. APPROVAL OF MINUTES FOR NOVEMBER 13, 2002 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of November 13, 2002, as submitted. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS There were no County Administrator's comments at this time. 3. BOARD COMMITTEE REPORTS Mrs. Humphrey stated that the new Winterpock Fire Station was dedicated on November 17, 2002. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board added Item 8.B.12., Transfer of District Improvement Funds from the Bermuda District Improvement Fund to the Police Department for Police/Traffic Coverage for Chester Kiwanis Club's Christmas Parade; replaced Item 10.B., Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; added Item 10.D., Closed Session Pursuant to Section 2.2- 3711(A) (7), code of Virqinia, 1950, as Amended, for Consultation with Legal Counsel on Specific Legal Matters Regarding Invocations at Meetings of the Board of Supervisors; and adopted the Agenda, as amended. Ayes: Miller, warren, Barber, Humphrey and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 0 RECOGNIZING JAMES A. ~BUBBA" ANDREWS, POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Baker introduced Mr. James Andrews who was present to receive the resolUtion. On motion of the Board, the following resolution was adopted: WHEREAS, Master Police Officer James A. "Bubba" Andrews will retire from the Chesterfield County Police Department on December 1, 2002! after providing over 29 years of quality service to the citizens of Chesterfield County; and WHEREAS, Officer Andrews has faithfully served the county in the capacity of Dispatcher, Patrol Officer, Field Training Officerl, Instructor, Hostage Negotiator, Crime Prevention Officer, Community Policing Specialist, Senior Police Officer and Master Police Officer; and 02- 827 11/26/02 WHEREAS, Officer Andrews was selected as Police Officer of the Year for 1996; and WHEREAS, Officer Andrews received the Meritorious Service Award for his work as a Hostage Negotiator where he had a successful rate as a primary negotiator of never losing the life of a victim; and WHEREAS, Officer Andrews has been Chesterfield County's only recipient of the Professional Service Award from the Virginia Crime Prevention Association for significant contributions towards advancing the theory and practice of Crime Prevention in reducing crime; and WHEREAS, Officer Andrews was selected as the first official Community Policing Specialist and implemented the first Community Policing Project in Chesterfield County; and WHEREAS, by building a partnership with ~Ettrick on The Move" and the Ettrick Business Council, Officer Andrews was able to reduce crime and build a better quality of life for the citizens of the Ettrick community; and due to the success of the Ettrick project, he was selected to establish five of the eight current Community Policing Projects in Chesterfield County; and WHEREAS, Officer Andrews started the first Chesterfield County Business Watch Program, which is still currently being used today, and has spoken to many organizations and law enforcement agencies, both locally and nationally, on topics of Community Policing, Crime Prevention, Highway Safety and Public Safety; and WHEREAS, throughout his career, Officer Andrews has obtained numerous private donations for education and prevention through such projects as the revitalization of Safety Town, Community Policing Storefronts, and Public Service Announcements for Highway Safety, which were so successful that Officer Andrews was recognized by the Virginia Department of Transportation and was nominated for the Governor's Transportation Award; and WHEREAS, Officer Andrews has received numerous letters of thanks and appreciation from citizens and businesses for his assistance and crime prevention presentations; and WHEREAS, Chesterfield County and the Board Supervisors will miss Officer Andrews's diligent service. of NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26tn day of November 2002, publicly recognizes Master Police Officer James A. ~Bubba" Andrews, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the county, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Officer Andrews, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. 02- 828 11/26/02 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. McHale, accompanied by Mr. Miller, presented the executed resolution and !a Jefferson Cup to Mr. Andrews, accompanied by Ms. Lori Greene and Colonel Baker, expressed appreciation for his many contributions to the county, and wished him well in his retirement. Mr. Miller expreSsed appreciation to Mr. Andrews for his exemplary service ~to the county. Colonel Baker ipresented Mr. containing his badges. Andrews with a shadow box Mr. Andrews received a standing ovation. 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS 0 TO CONSIDER A REVISION TO THE SUBDIVISION ORDINANCE RELATIVE TO THE SECOND ACCESS REQUIREMENTS AT THE TIME OF ZONING Mr. Jacobson stated that, following the Board's third public hearing on OctOber 23, 2002, staff was directed to prepare additional information relative to the frequency and conditions relaited to second access waivers. He further stated that there were 16 residential zoning cases of a size sufficient to require a second access that were submitted under the current ordinance, seven of which applied for a waiver to the second access requirement, all of which were approved by the Board. He stated that another alternative to the proposed ordinance has been generated (~Alternative D") which would continue to allow Board members to waive the second access through the zoning process, and also adopt standards under which the Board would operate and be able to grant those waivers. He further stated that ~Alternative D" would also limit the number of additional lots allowed on one access over and above the current number delineated within the ordinance, indicating that staff has recommended 15 percent. He stated that ~Alternative D" would allow the Board to grant waivers for any number of lots if the connection of that second access would increase the traffic through an existing neighborhood beyond the county's standards. When asked, Mr. Jacobson stated that if the increment of increased traffic caused by a proposed new development exceeds the county's standards in an existing subdivision, it would also be a reason for the Board not to allow a connection. He further stated that ~Alternative D" would require the applicant to submit an approximate lot and street layout so that technical staff could review that according to the criteria. He stated that members of the development community who spoke at the previous public hearings have indicated that they will support the proposal for allowing relief to the second access requirement if the amount of the relief does not exceed the allowable number of lots by more than 15 percent. He further stated that 15 percent is staff's recommendation. He stated that, if there is an unusual situation where a developer would want to build a large number of lots on one access, there still is the 02- 829 11/26/02 ability when a zoning case is going through the Planning Commission to have that developer submit a tentative subdivision plat and the Planning Commission could vote on whether they would accept the subdivision on one access before the Board's final vote. When asked, Mr. Jacobson stated that the Planning Commission and staff's official recommendation is "Alternative A." Mr. Miller expressed concerns that "Alternative A" allowed the Planning Commission to be the final arbiter of the decision with no appeal to the Board. Mr. Jacobson stated that "Alternative D" allows the Board to continue its practice of considering waivers, but apply standards to the limitation. Mr. Barber inquired as to what would prohibit the Board from exceeding the new standards. Mr. Jacobson stated that there is currently no limitation on the number of lots a developer can seek a waiver for, but "Alternative D," if adopted as proposed, would not allow a developer to apply for a waiver for anything above 15 percent above the allowable number of lots. He went on to state that the development community has suggested, and staff supports, replacing the language in Section (5)b., "depicting mitigating environmental features" with "with sufficient documentation." He further noted that the development community had previously requested the ability to exceed the subdivision ordinance by 50 percent. Mr. Micas stated that he feels this suggestion represents a legal improvement. Chief Elswick came forward and stated that the Fire Department could support limiting relief to the number of additional lots allowed on one access over and above the current number delineated within the ordinance to between 15 and 25 percent, but not 50 percent. Mr. Miller stated that he supports ~Alternative D," including the technical language change and limiting relief to the number of additional lots allowed on one access over and above that currently allowed by ordinance to 25 percent instead of 15 percent. Mr. Warren and Mr. McHale both indicated that they concur with Mr. Miller. Mr. Barber inquired whether there would be an opportunity to go beyond 25 percent in unusual circumstances. Mr. Jacobson stated that a developer would still have the right to submit to the Planning Commission a tentative subdivision plat and the Planning Commission could grant an increased waiver through the subdivision process. He noted that the Planning Commission has been increasingly strict on this issue. Mr. Barber stated that he feels "Alternative D" represents a good balance because it does not necessarily impede a person's use of their land. Mr. Warren made a motion, seconded by Mr. Barber, for the Board to adopt an ordinance relating to relief from required access to a subdivision of land, as outlined in ~Alternative D" with the language change suggested by the business community and limiting relief to the number of additional lots allowed by ordinance to 25 percent as follows: 02- 830 11/26/02 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 17-76(h) (5) RELATING TO RELIEF FROM REQUIRED ACCESS TO A SUBDIVISION OF LAND BE IT ORDAINED bY the Board of Supervisors of Chesterfield County: (1) That Sectioni 17-76 (h) (5) of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: (5) a. Relief to these requirements may be granted at the time of zoning for cases filed prior to November 26, 2002. The requirement fDr access to any proposed subdivision shall be governed by the conditions of that case. b. Relief ~o these requirements may be granted at the time of zoning for cases filed after November 26, 2002 with a preliminary tentaltive plat consisting of an approximate lot and street layoutl with sufficient documentation that clearly demonstrates: 1. the amount of relief does not exceed the allowable numberl of lots by more than twenty-five (25) percent, and ~ 2. existing severe topographic, physical or extenuating circUmstances exist so that there is no other practical means of providing another access, and 3. financial hardship is not the principal reason for the waiver, or 4. without granting relief to these requirements traffic on an existing local street will exceed the planning commission's stub! road policy as determined by the director of transportationi. c. After November 26, 2002, relief to these requirements may be granted by the planning commission or director of planning if: 1. existing severe topographic, physical or extenuating circumstances exist so that there is no other practical means of providing another access, and 2. financial hardship is not the principal reason for the waiver. 3. Ini addition, the planning commission may grant relief to these requirements if the resultant traffic on an existing local street will exceed the planning commission's stub road poliicy as determined by the director of transportation. (2) That this i ordinance shall become effective i~Lediately upon adoption. Ayes: Miller, Wariren, Barber, Humphrey and McHale. Nays: None. 02- 831 11/26/02 8. NEW BUSINESS 8.A. STREETLIGHT INSTALLATION APPROVAL On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the following streetlight installation in the Clover Hill District: * In the Forestdale Subdivision, at the intersection of Wynnewood Drive and Wynnewood Court Cost to install streetlight: $9,916.80 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8. B. CONSENT ITEMS 8.B.1. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets 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 street 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. Twe Chanae to the Secondary System of State Hlahwavs' Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Hollymeade, Section C · Lockberry Ridge Loop, State Route Number: 4393 From: 0.20 Mi. N of Lockberry Ridge Dr. (Rt. 4392) To: 0.06 Mi. S of Lockberry Ridge Ct. (Rt. 4533), a distance of: 0.33 miles. Right-of-way record was filed on 10/4/2001 with the Office Of Clerk To Circuit Court in Pb. 120; Pg. 88, with a width of 50 Ft. 02- 832 11/26/02 And, further, the Board adopted the following resolution: WHEREAS, thei 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 irequirements 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 § i 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. Tvoe Chan¢;e to the Secondary SWtern of State HighwaYs: Baals for Change: Statutory Reference: Project: Addition, New subdivision street Addition Beschwood Forest, Section 4 Eagle Pass Court, State Routa Number: 5440 Eagle Pass Dr., (Rt. 4607) 0.10 Mi. W of Eagle Pass Dr., (Rt. 4607), a distance of: 0.10 miles. Right-of-way record was filed on 10/29/2001 with the Office Of Clerk To Cimuit Court in Pb. 121; Pg. 49, with a width of 50 Ft. · Eagle Pass Drive, State Route Number: 4607 From: Hunters Hawk Dr., (Rt. 4524) To: Eagle Pass Ct., (Rt. 5440), a distance of: 0.09 miles. Right-of-way record was filed on 10/29/2001 with the Office Of Clerk To Cimuit Court in Pb. 121; Pg. 49, with a width of 50 Ft. · Eagle Pass Drive, State Route Number: 4607 From: Eagle Pass Ct., (Rt. 5440) To: 0.15 Mi. N of Eagle Pass Ct., (Rt. 5440), a distance of: 0.15 miles. Right-of-way record was filed on 10/29/2001 with the Office Of Clerk To Cimuit Court in Pb. 121; Pg. 49, with a width of 50 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 02- 833 11/26/02 WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of 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 this resolution be forwarded to the Resident Engineer Virginia Department of Transportation. Tvoe ChanGe to the Secondary System of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: ~33.1-229 Project: First Branch @ Woodland Pond, Sec. A · First Branch Boulevard, State Route Number: 5441 From: Nash Rd., (Rt. 656) To: Intersection of First Branch Ct., (Rt. 5443) & First Branch Ln., (Rt. 5442), a distance of: 0.05 miles. Right-of-way record was filed on 7/7/2000 with the Office Of Clerk To Circuit Court in Pb. 111; Pg. 84, with a width of 90 Ft. · First Branch Court, State Route Number: 5443 From: First Branch BI., (Rt. 5441) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 7/7/2000 with the Office Of Clerk To Circuit Court in Pb. 111; Pg. 84, with a width of 50 Ft. · First Branch Lane, State Route Number: 5442 From: First Branch BI., (Rt. 5441) To: Woodbluff Ct., (Rt. 5444), a distance of: 0.14 miles. Right-of-way record was filed on 7/7/2000 with the Office Of Clerk To Circuit Court in Pb. 111; Pg. 84, with a width of 50 Ft. · First Branch Lane, State Route Number: 5442 From: Woodbiuff Ct., (Rt. 5444) To: Cul-de-sac, a distance of: 0.02 miles. Right-of-way record was flied on 7/7/2000 with the Office of Clerk To Circuit Court in Pb. 111; Pg. 84, with a width of 50 Ft. copy of for the 02- 834 11/26/02 · Woodbluff Court, State Route Number: 5444 From: First Branch ~., (Rt. 5442) To: Cul-de-sac, a distance of: 0.11 miles. Right-of-way record was filed on 7/7/2000 with the Office Of Clerk To Circuit Court in Pb. 111; Pg. 84, with a width of 50 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 tlo 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. Tvoe Chanoe to the Secondary System of State Hlghwey~: Addition Basis for Change: Statutory Reference: Project.' From: To: Addition, New eubdlvlllon street St. James Woods, Section H Nevis Court, State Route Number: 6070 Nevis Dr., (Rt. 6069) Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg. 8, with a width of 40 Ft · Nevis Drive, State Route Number: 6069 From: 0.02 Mi. W of Explorer Dr., (Rt. 3998) To: Nevis Ct., (Rt. 6070), a distance of: 0.06 miles. Right-of-way record was filed on 7/25/2000 with the Office of Clerk To Circuit Court in Pb. 112; Pg. 8, with a width of 50 Ft. · From: To; Nevl$ Drive, State Route Number: 6069 Nevis Ct., (Rt. 6070) Sanbury Ln., ( Rt. 4264), a distance of: 0.08 miles. 02- 835 11/26/02 Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb. 112; with a width of 40 Ft. From: To: Pg. 8, Sanbury Lane, State Route Number: 4264 Nevis Dr., (Rt. 6069) 0.02 Mi. W of Nevis Dr., (Rt. 6069), a distance of: 0.02 miles. Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg. 8, with a width of 50 Ft. · Sanbury Lane, State Route Number: 4264 From: Nevis Dr., (Rt. 6069) To: Sanbury Lp., (Rt. 6071), a distance of: 0.05 miles. Right-of-way record was flied on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg. 8, with a width of 40 Ft. · Sanbury Lane, State Route Number: 4264 From: Sanbury Lp., (Rt. 6071) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg. 8, with a width of 40 Ft. · Sanbury Loop, State Route Number: 6071 From: Sanbury Lp., (Rt. 6071) To: Sanbury Lp., (Rt. 6071), a distance of: 0.04 miles. Right-of-way record was filed on 7/25/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg. 8, with a w~th of Variable 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 Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of 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. 02- 836 11/26/02 Ty~e Chan~e to the Se~ondanf SYstem of State HI;Ihwav~_, Addition Baele for Change: Addition, New subdivision street Statutory Reference: ~3.1-229 Project: St. James Woods, Section I · Explorer Court, State Route Number: 6065 From: 0.02 Mi. W of Explorer Dr., (Rt. 3998) To: Cul-de-sac, a distance of: 0.02 miles. Right-of-way record was filed on 8/31/2001 with the Office Of Clerk To Circuit Court in Pb. 120; Pg. 30, with a width of 40 Ft. · From: Explorer Terrace, State Route Number: 6066 0.02 Mi. E of ExPlorer Dr., (Rt. 3998) Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 8/31/2001 with the Office Of Clerk To Circuit Court in Pb. 120; Pg. 30, with a width of 40 Ft. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.2. SET DATE FOR PUBLIC HEARINGS 8.B.2.&. FOR FY2003 SCHOOL GRANT REVISIONS On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of December 18, 2002 at 7:00 p.m. for a public hearing to consider increasing the School Grants Fund by $1,630,924 and creating 28.1 full time equivalent (FTE) positions in the following appropriation categories: Instruction - $11,583,924 and 28.1 FTE; Administration/ Attendance and Health - $42,000; and Pupil Transportation - $5,000. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.2.b. FOR FY2003 SCHOOL FEDERAL FOOD SERVICE FUND AND SCHOOL CAPITAL IMPROVEMENTS FUND REVISIONS On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of December 18, 2002 at 7:00 p.m. for a public hearing to consider increasing the School Federal Food Service Fund by $400,000 and increasing the School Capital Improvements (CIP) Fund by $1,165,000 for School Food Service projects. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 837 11/26/02 8.B.3. TRANSFER OF FUNDS FOR THE MAROBRITH ROAD PAVING PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $150,000 from the completed Centre Street Project account to the Marobrith Road Paving Project and authorized the County Administrator to enter into the customary Virginia Department of Transportation/county/consultant/contractor design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for the project. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.4. ADOPTION OF RESOLUTIONS 8.B.4.&. RECOGNIZING SPECIAL POLICE OFFICER GEORGE A. HERE, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Special Police Officer George A. Herb retired from the Chesterfield County Special Police Unit on September 2, 2002; and WHEREAS, Officer Herb provided 21 years of volunteer service to the citizens of Chesterfield County; and WHEREAS, Officer Herb has faithfully served the county in the capacity of Special Police Officer, Special Police Sergeant and Unit Training Officer; and WHEREAS, Officer Herb completed the first Special Police Academy in 1992; and WHEREAS, Officer Herb was recognized as Special Police Officer of the Year for the year of 1994; and WHEREAS, Officer Herb managed the Fugitive Squad in 1998, which served 126 misdemeanor warrants and 46 felony warrants; and WHEREAS, Officer Herb served as the Command Post "Coordinator" for Chesterfield County Fair for many years; and WHEREAS, Officer Herb has volunteered approximately 8,991 hours of service to the Police Department; and WHEREAS, Officer Herb has provided the Chesterfield County Police Department with many years of loyal and dedicated volunteer service, and ?~EREAS, Chesterfield County and the Board Supervisors will miss Officer Herb's diligent service. of NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26th day of November 2002, recognizes Mr. George A. Herb, and extends on behalf of its members and the citizens of Chesterfield County their 02- 838 11/26/02 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 and McHale. Nays: None. 8.B.4.b. RECOGNIZING MRS. DOLORES I. Nm-ISL_~R, CIRCUIT COURT, UPON h~RETIREMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mrs!. Dolores Irving Heisler began her public service with Chesterfield County as a Deputy Clerk for the Chesterfield County Circuit Court Clerk's Office on February 20, 1979; and WHEREAS, Mrsl. Heisler was initially appointed to serve at the pleasure of The Honorable Lewis H. Vaden, Clerk; and WHEREAS, Mrs. Heisler, due to her commendable performance as a Deputy Clerk, was re-appointed by two successive Clerks of Court, namely, The Honorable Ronald P. Livingston and The Honorable Judy L. Worthington; and WHEREAS, MrS. Heisler has performed an invaluable service in providing courtroom assistance to the Circuit's judiciary in criminal matters before the Court; and WHEREAS, Mrs. Heisler has secured, safeguarded and maintained criminal and related records for the benefit of the court, the Clerk's Office, the Bar, and the public; and WHEREAS, Mrs.~ Heisler created permanent records in the form of Court Orders, which capture the court's criminal proceedings and forever serve as a historical reference to the proceedings and activities of the 12th Judicial Circuit; and WHEREAS, MrS. Heisler has provided dedicated and faithful service to the citizens of Chesterfield County for twenty-three yearsl and has both witnessed and participated in the growth of the Clerk's Office throughout her tenure; and WHEREAS, Mrs. Heisler's professionalism and polite demeanor have been recognized by management and the citizenry of the county; and WHEREAS, Mrs Heisler has demonstrated her loyalty to the Office of Circuit Court Clerk for the County of Chesterfield through her dedication and conscientiousness. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Dolores Irving Heisler, Deputy Clerk, expresses the appreciation of all citizens for her dedicated service to the county, and extends congratulations and best wishes for her long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 839 11/26/02 8.B.5. APPROVAL OF REVISED UTILITY CONTRACT FOR SUMMERFORD - THE WOODS, SECTION A On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following revised Utility Contract for Summerford - The Woods, Section A, Contract Number 00-0232, which includes an offsite extension of 524 L.F. + of ten-inch wastewater lines and 603 L.F. + of eight-inch wastewater lines: Developer: Contractor: Contract Amount: Code: (Refunds thru Connections - Offsite) District: Matoaca B. J. Summerford, LLC Piedmont Construction, Inc. Estimated County Cost for Offsite ........... $23,398.60 Estimated Developer Cost. $323,444.90 Estimated Total ....... $346,843.50 5N-572VO-E4D And, further, the Board authorized the County Administrator to execute any necessary documents. (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. 8.B.6. DESIGNATION OF RIGHT OF WAY AND EASEMENTS FOR IMPROVEMENTS TO MEADOWVILLE ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board designated right of way and easements for improvements to Meadowville Road, and authorized the County Administrator to execute the Declaration. (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.B.7. REQUESTS TO QUITCLAIM 8.B.7.&. A DRAINAGE EASE~.NT (PRIVATE) AND TERMINATE THE ASSOCIATED MAINTENANCE AGREEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a drainage easement (private) shown as ~existing drainage easement (private)" on the plat of Ascot Forest and terminate the associated maintenance 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 .B.7 .b. A VARIABLE WIDTH STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF R. E. COLLIER, INCORPORATED-BUILDER On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the 02- 840 11/26/02 County Administrator to execute a quitclaim deed to vacate a variable width storm water management/best management practice easement across the property of R. E. Collier, Incorporated-Builder. (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.B.7.c. A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF SWIFT CREEK ASSOCIATES, L.P. On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-~foot sewer easement across the property of Swift Creek Associates, 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.B.8. REQUESTS FOR PERMISSION 8.B.8.a. FROM ROBERT S. SIMPERS AND MARGARET M. SIMPERS TO INSTALLi A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON BOYD ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Robert S. Simpers and Margaret M. Simpers for permission to install a private sewer service within a private easement to serve property at 11701 Boyd Road, and authorized the County Administrator to execute the sewer 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.B.8.b. FROM BENJAMIN OROVER COINS, JR. AND SHELBY JEAN COINS TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE ~.~SEMENT TO SERVE PROPERTY ON QUAILWOOD ROAD On motion of Mr.~ McHale, seconded by Mr. Warren, the Board approved a request from Benjamin Grover Goins, Jr. and Shelby Jean Goins for permission to install a private water service within a private easement to serve property at 12710 Quailwood Road, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the vicinityi sketch is filed with the papers of this Board.) i Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 841 11/26/02 8.B.9. ACCEPTANCE OF PARCELS OF LAND 8.B.9.&. ADJOINING T~ ~a~T RIGHT OF WAY LINE OF MEADOWVILLE ROAD FROM INDUSTRIAL D_~'VELOPMF-e~T AOTnORITY OF T~ COUNTY OF CHESTERFIELD On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land adjoining the east right of way line of Meadowville Road, containing 0.708 acres, from the Industrial Development Authority of the County of Chesterfield, and authorized the County Administrator to execute the 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.B.9.b. ADJOINING T~r~ EAST RIGHT OF WAY LINE OF MEADOWVILLE ROAD FROM MEADOWVILLE, LLC On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land adjoining the east right of way line of Meadowville Road, containing 5.088 acres, from the Meadowville, LLC, and authorized the County Administrator to execute the 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.B.9.C. ADJOINING THE EAST RIGHT OF WAY LINE OF MEADOWVILLE ROAD FROM H. G. PETERS, LIMITED FAMILY PARTNERSHIP On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land adjoining the east right of way line of Meadowville Road, containing 3.956 acres, from H. G. Peters, Limited Family Partnership, 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.B.9.d. ALONG THE WEST RIGHT OF WAY LINE OF OTTERDALE ROAD FROM BASE CAMP HOLDING L.L.C. On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land along the west right of way line of Otterdale Road (State Route 667), containing 0.509 acres, from Base Camp Holding, L.L.C., and authorized the County Administrator to execute the 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- 842 11/26/02 8.B.10. REQUEST TO AID FOXFIELD CONSTRUCTION, INCORPORATED IN T~ ACQO~SI~iON OF RI~__~T OF WAY TO PROVIDE TUI~ LA~S ON RIV~ ROAD FOR RIVER'S TP~%C~ SUBDIVISiO~ On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized Right of Way staff to aid Foxfield Construction, Incorporated in the acquisition of right of way to provide turn lanes on River Road for River's Trace Subdivision, subject to the developer executing a contract agreeing to pay all costs. (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.B.11. INSTRUCT PLANNI~ COMMISSION TO HOLD A PUBLIC HEARING NO LATER THAN FEBRUARY 19, 2003 TO CONSIDER A~ ~ RECOMMENDATIONS ON ORDINANCE A~RND~TS RELATING TO PLANNING DEPARTMENT F~ On motion of Mr. McHale, seconded by Mr. Warren, the Board instructed the Planning Commission to hold a public hearing and make recommendations on ordinance amendments relating to Planning Department fees, and other technical adjustments as proposed by staff consistent with the Board's philosophy of recovering residential development review costs, no later than February 19, 2003. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE POLICE DEPARTMENT FOR POLICE/TRAFFIC COVERAGE FOR CHESTER KIWANIS CLUB'S CHRISTMAS PARADE On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $1,790 from the Bermuda District Improvement Fund to the Police Department for police/traffic coverage for Chester Kiwanis Club's Christmas Parade. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS 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 accepted the following reports: A report on Developer Water and Sewer Contracts; and a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases. 02- 843 11/26/02 And, further, the following roads were accepted State Secondary System: ADDITION ENON OAKS (Effective 10/18/02) Enon Oaks Lane (Route 5384) - From Bermuda Orchard Lane (Route 828) to Cul-de-sac SWIFT CREEK CROSSING, SECTION 4 (Effective 10/18/02) Misty Spring Court (Route 5374) - From Misty Spring Drive (Route 5373) to Cul-de-sac Misty Spring Drive (Route 5373) - From Swift Crossing Drive (Route 4413) to Misty Spring Court (Route 5374) Misty Spring Drive (Route 5373) - From Misty Spring Court (Route 5374) to Misty Spring Place (Route 5375) Misty Spring Drive (Route 5373) - From Misty Spring Place (Route 5375) to Claypoint Road (Route 651) Misty Spring Drive (Route 5373) - From Swift Crossing Drive (Route 4413) to 0.04 mile south of Swift Crossing Drive (Route 4413) Misty Spring Place (Route 5375) - From Misty Spring Drive (Route 5373) to Cul-de-sac Swift Crossing Drive (Route 4413) - From 0.03 mile west of Beaver Spring Road (Route 4405) to Misty Spring Drive (Route 5373) WESTBURY, SECTION 2 (Effective 10/18/02) Upperbury Court (Route 5385) - From Upperbury Drive (Route 4266) to Cul-de-sac Upperbury Drive (Route 4266) - From .03 mile south of Porters Mill Road (Route 3341) to Winbury Drive (Route 4263) Upperbury Drive (Route 4266) - From Upperbury Court (Route 5385) to Valerie Drive (Route 5386) Upperbury Drive (Route 4266) - From Winbury Drive (Route 4263) to Upperbury Court (Route 5385) Valerie Court (Route 5387) - From Valerie Drive (Route 5386) to Cul-de-sac Valerie Drive (Route 5386) - From Upperbury Drive (Route 4266) to Cul-de-sac 02- 8~4 into the LENGTH 0.18 Mi 0.03 Mi 0.08 Mi 0.10 Mi 0.11 Mi 0.04 Mi 0.06 Mi 0.14 Mi 0.04 Mi 0.10 Mi 0.08 Mi 0.06 Mi 0.04 Mi 0.05 Mi 11/26/02 Valerie Drive (Route 5386) - From Valerie Court (Route 5387) to Cul-de-sac Valerie Drive (Route 5386) - From Upperbury Drive (Route 4266) to Valerie Court (Route 5387) Winbury Drive (Route 4263) - From .05 mile south of Porters Mill Road (Route 3341) to Winbury Terrace (Route 5388) Winbury Drive (Route 4263) - From Winbury Terrace (Route 5388) to Upperbury Drive (Route 4266) Winbury Terrace (Route 5388) - From Winbury Drive (Route 4263) to Cul-de-sac Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 0.03 Mi 0.05 Mi 0.03 Mi 0.13 Mi 0.03 Mi 10.D. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL ON SPECIFIC LEGAL MATTERS RE~ARDING INVOCATIONS AT MEETINGS OF THE BOARD OF SUPERVISORS On motion of Mr. McHale, seconded by Mr. Barber, the Board went into Closed Session pursuant to Section 2.2-3711(A) (7), Code of Virqinia, 1950, as amended, for consultation with legal counsel on specific legal matters regarding invocations at meetings of the Board of Supervisors. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mr. Warren, 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. 02- 845 11/26/02 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 Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: 12. iNVOCATION Reverend Shawn Knight, Director of Social Tabernacle Baptist Church, gave the invocation. Concerns for 13. PLEDGE OF ALLEGIANCE TO TEE FLAG OF THE UNITED STATES OF AHERICA Mr. Edward K. Sando-Miller led the pledge of allegiance to the flag of the United States of America. l&. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions or special recognitions at time. this 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/0R THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 02SN0306 In Midlothian Magisterial District, ATACK PROPERTIES, INC. requests rezoning and amendment of zoning district map from Residential (R-15) to Agricultural (A). Residential use of up to one (1) unit per acre is permitted in an Agricultural (A) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. This request lies on 39.2 acres fronting approximately 160 feet on the west line of Winterfield Road, approximately 350 feet south of Elmstead Road. Tax ID 725-711-1557 (Sheet 5). 02- 846 11/26/02 Mr. Jacobson stated that the applicant had withdrawn Case 02SN0306 from consideration. Mr. Miller called for the public hearing. No one came forward to speak to the withdrawal. On motion of Mr. Barber, seconded by Mr. McHale, the Board acknowledged the withdrawal of Case 02SN0306. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 01SN0121 (Amended) In Clover Hill Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AND DANKOS FAMILY TRUST request rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (0-2) and Neighborhood Business (C-2) with Conditional Use Planned Development on these tracts plus an existing zoned Neighborhood Business (C-2) tract to permit exceptions to Ordinance requirements and an existing Agricultural (A) tract. Further, amendment to Conditional Use Planned Development (83S182) on an existing zoned Neighborhood Business (C-2) tract relative to the Master Plan, uses, site design, architecture, signage and access. A mixed use development, to include office and commercial uses, is planned. 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 and single family residential use of 2.0 units per acre or less. This request lies on 37.0 acres, fronting in two (2) places for a total of approximately 1,130 feet on the north line of Hull Street Road, also fronting approximately 120 feet on the east line of Southshore Drive across from North Spring Run Road and Chital Drive, also lying at the western terminus of Harbour Pointe Road. Tax IDs 724-672-Part of 9216, 725-672-Part of 1175 and 726-672- Part of 1039 (Sheet 15). Mr. Jacobson stated that the property owners have requested a deferral until December 18, 2002. He requested a deferral, on behalf of the Board of Supervisors, until December 18, 2002. Mr. Miller called for the public hearing. No one came forward to speak to the deferral. On motion of Mr. Warren, seconded by Mr. McHale, the Board deferred Case 01SN0121 until December 18, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 038N0176 In Matoaca Magisterial District, GERALD W. ARCHER requests a Manufactured Home Permit to park a manufactured home in a Residential (R-7) District and amendment of zoning district 02- 8~7 11/26/02 map. The density of this proposal is approximately one (1) unit per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01-2.5 units per acre. This property is known as 21218 Franklin Avenue. Tax ID 778-610-0425 (Sheet 45). Mr. Jacobson presented a summary of Case 03SN0176 and stated that staff recommends approval subject to conditions. Mrs. Grace Jones, representing the applicant, 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 Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 03SN0176 subject to the following conditions: The applicant, Gerald W. Archer, shall be the owner and occupant of the manufactured home. If Gerald W. Archer can no longer occupy the manufactured home, it shall be removed within six (6) months. Manufactured Home permit shall be granted for a period not to exceed seven (7) years from date of approval. o No additional permanent-type living space may be added onto the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. o Prior to the approval of the building permit, the location of the manufactured home shall be approved by the Planning Department. o A minimum twenty-five (25) foot buffer shall be maintained around the north and west property lines. The existing mature vegetation shall be preserved and maintained, unless removal is approved by the Planning Department. This condition shall not be applicable to the removal of dead or diseased trees. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 03SN0131 (Amended) In Dale Magisterial District, PYRAMID SITE ACQUISITION SERVICES requests Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 - 5 acre lots, suited to R-88 zoning. This request lies on approximately 4.6 acres fronting 12 feet on the west line of Bradley Bridge Road, approximately 3,050 feet south of Molena Drive. Tax ID 774-638-Part of 4761 (Sheet 33). Mr. Jacobson presented a summary of Case 03SN0131 and stated that the Planning Commission and staff recommend approval 02- 8&8 11/26/02 subject to conditions. He further stated that, since the Planning Commission's consideration of the request, the application has been amended to reduce the amount of acreage; therefore, the Board should acknowledge withdrawal of 40.9 acres. He stated that the actual site of the proposed tower has not changed, and noted that the request conforms to the Public Facilities Plan and the Guidelines for Review of Substantial Accord Determinations and/or Zoning Approval for Co~tunications Tower Locations. Ms. Lisa Murphy, representing the applicant, stated that the recommendation is acceptable. She further stated that the original request was made upon the entire acreage and once the location was identified and the community supported it, the applicant was comfortable with withdrawing the additional acreage. 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 acknowledged withdrawal of 40.9 acres from the application for Case 03SN0131. And, further, the Board approved Case 03SN0131 subject to the following conditions: The tower and associated improvements shall be generally located as depicted on the plan prepared by Draper Aden Associates known as Sprint PCS site plan, Site ID No. RI54XC168D, Bradley/Burton, dated September 13, 2002. (p) o There shall be no signs permitted to identify this use. (p) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground mounted equipment or structures from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) 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) 02- 8~9 11/26/02 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: so The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. c. The tower shall be a monopole structure. (P) o Any building or mechanical equipment shall comply with Section 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.) 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) A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Except for access and utilities which may be extended generally perpendicular through this buffer, existing healthy trees within this buffer having a minimum caliper of 2.5 inches shall be maintained. These trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way. Additional plantings shall consist of species of trees having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve a minimum density of one (1) tree for each 300 square feet of cleared area. In conjunction with site plan submission, or prior to release of a building permit, whichever occurs first, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) 10. In conjunction with approval of this request, a forty- nine (49) foot exception to the 150 foot height limitation shall be granted. (P) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 850 11/26/02 038~0132 In Clover Hill Magisterial District, ALLEN M. TWEDT (HOLIDAY SIGNS) requests amendment to Conditional Use Planned Developments (Cases 85S165 and 87S002) and amendment of zoning district map relative to freestanding signage and to permit a computer-controlled, variable message, electronic sign. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies in a Light Industrial (I-l) District on approximately 10.8 acres and is known as 10531 and 10601 Midlothian Turnpike. Tax IDs 746-708-1182 and 746-709-2712 (Sheet 6). Mr. Jacobson presented a summary of Case 03SN0132 and stated that the Planning Commission and staff recommended approval subject to one condition. Mr. Micas stated that the Planning Commission expressed concerns that there be no change to or expansion of the sign in the future through a variance. He suggested that the lanquage "No variance shall alter this requirement" be changed to ~To the extent permitted by the County Code and Code of Virginia, no variance shall alter this requirement." Mr. Jacobson stated that the Planning Commission was very concerned that variances could alter the conditions. Mr. Micas stated that he understands the Planning Commission's concerns, but the Board cannot limit the Board of Zoning Appeals from doing what it is legally allowed to do. Mr. Allen Twedt, representing the applicant, stated that the recommendation, including the language change suggested by the County Attorney, is acceptable. He further stated that the applicant does not intend to request a variance from the Board of Zoning Appeals to change or expand the sign. He expressed concerns relative to the requirement for a ten- second change rate on message centers, indicating that he feels a five-second change rate is more efficient, noting that it has not contributed to any accidents. Discussion ensued relative to the change rate for message centers. Mr. Twedt stated that data and studies show that a frequency change rate is important to allow people to read the displays in an efficient manner, and suggested that the message center policy be reviewed in the future for a possible decrease in the change rate. Mr. Miller called for the public hearing. No one came forward to speak to the request. On motion of Mr. Warren, seconded by Mr. Barber, the Board approved Case 03SN0132 subject to the condition, including the amended language of the County Attorney as follows: Two (2) freestanding signs shall be permitted on the property along Midlothian Turnpike. The westernmost freestanding sign 02- 851 11/26/02 may not be refaced; however, it may be replaced provided it conforms to the requirements of the Zoning Ordinance, except that Sections 19-650(d), (e) and (g) shall not apply. The second freestanding sign shall comply with the requirements of the Zoning Ordinance and may incorporate a computer- controlled, variable message, electronic sign. In addition to Ordinance requirements, any computer- controlled, variable message, electronic sign shall conform to the following standards: ao Copy shall be limited to a maximum of two (2) lines which shall not move, but may fade; The copy display color shall either be white or yellow; The message or display shall be programmed or sequenced to change no more than once every ten (10) seconds; d. Flashing and traveling messages shall be prohibited; and e. Bijou lighting effects shall be prohibited. To the extent permitted by County Code and The Code of Virginia, no variance shall alter this requirement. (P) (Note: This condition supersedes Condition 4 of Case 85S165 for the request property only and Condition 8 of Case 87S002. All other conditions for Cases 85S165 and 87S002 remain in effect.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16. PUBLIC HEARINGS There were no public hearings at this time. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 02SN0169 In Bermuda Magisterial District, LAWSON CHENOWETH requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 2.0 units per acre or less. This request lies on 105 acres fronting approximately 500 feet on the north line of Ramblewood Road, approximately 1,100 feet east of Golf Course Road. Tax ID 813-648-1736 (Sheets 27 and 35). Mr. Jacobson presented a summary of Case 02SN0169 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the recently adopted Consolidated Eastern Area Plan. He stated that, since the Planning Commission's hearing of the case, the applicant has amended Proffered 02- 852 11/26/02 Condition 12 to provide for a minimum gross floor area of 2,000 square feet for dwelling units located adjacent to the Luck property, to address concerns expressed at the Planning Commission meeting. Mr. Andy Scherzer, representing the applicant, stated that the applicant has amended the proffered condition relative to gross floor area as a result of concerns expressed by Mr. Luck. He further stated that he has just become aware tonight that Mr. Luck would also like a tree preservation strip adjacent to his property, and noted that Proffered Condition 17 provides for a 30-foot tree preservation strip adjacent to the existing neighborhoods along the eastern property line. He stated that the applicant cannot legally submit a proffered condition at this time to accommodate Mr. Luck's wishes, but is willing to impose a tree preservation easement at a later time through the tentative subdivision process. When asked, Mr. Scherzer stated that the applicant will make every effort to provide a 30-foot tree preservation along Mr. Luck's property during the tentative subdivision process. Mr. McHale inquired as to the possibility of modifying the proffered condition to include the tree preservation area along the Luck property. Mr. Micas stated that proffered conditions cannot be modified once the Board has begun hearing a case, but the Board could defer the case and consider a modified proffered condition at a later date. Mr. Dean Hawkins, representing Ronald and Joyce Luck, stated that the Lucks want to be treated similarly to the adjacent neighbors, including the size of homes fronting their property and a tree preservation area, if possible. He further stated that he understands the Board cannot legally modify a proffered condition at this time, and hopes that the applicant will accommodate Mr. Luck's wishes during the tentative subdivision approval process. Mr. Miller called for the public hearing. Mr. George Fickett, Jr., Chairman of Civil War sites for the Chesterfield Historical Society, stressed the importance of the proffered condition dedicating land to preserve a Civil War site located on the subject property, and noted that several organizations are raising funds to place a marker at the site. Mr. Jack Griffin expressed concerns relative to the unsafe conditions of the existing Ramblewood Road railroad crossing, and stated that the realignment of Ramblewood Road is vital to the overall traffic patterns and development of the eastern area. He requested that a portion of the property being dedicated for a special purpose park be used as a buffer, rather than being dedicated, so that the Virginia Department of Transportation (VDOT) will not encounter problems when acquiring right of way to improve Ramblewood Road. He expressed concerns relative to foregoing acceptance of $140,875 in cash proffers in lieu of the applicant dedicating 12 acres to preserve the Civil War park site, 02- 853 11/26/02 indicating that he feels this amount is excessive under the current budget conditions. Mr. Andy Scherzer stated that most of the issues raised by Mr. Griffin will be dealt with during the tentative subdivision approval process when more details are available. He further stated that Proffered Condition 5 provides that the right of way necessary for road improvements will be dedicated prior to the dedication of the park property. He stated that the Parks and Recreation Department approached the applicant and requested that the property be dedicated for the park site, which the applicant agreed to, indicating that a good portion of the park site could be developed and would be far in excess of the value that the applicant is not agreeing to pay as cash proffer in lieu of dedication of the park site. He reiterated that, if it is physically possible, the applicant will provide a 30-foot tree preservation between the subject property and Mr. Luck's property. He requested that the Board approve the proposed development. There being no one else to speak to the request, the public hearing was closed. Mr. McHale stated that he feels the applicant will satisfactorily resolve Mr. Luck's concerns, and he is pleased with the amended proffered condition relative to minimum dwelling size adjacent to the Luck property. He further stated that he feels preservation of the Civil War site is significant, and he appreciates the traffic calming measures provided by the applicant. He noted that the request conforms to the newly adopted Eastern Area Plan and also received strong support from the Planning Commission. Mr. McHale made a motion, seconded by Mr. Barber, for the Board to suspend its rules at this time to allow for consideration of the amended proffered condition. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 02SN0169 and accept the proffered conditions. Mrs. Humphrey stated that she considers the preservation of the historical site an opportunity for the county, indicating that she feels this case will set a precedent for preservation of future historical sites through zoning cases. She further stated that she feels the value negotiated to accept the land dedication in lieu of cash proffers is reasonable. Mr. Miller called for a vote on the motion of Mr. McHale, seconded by Mrs. Humphrey, for the Board to approve Case 02SN0169 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: 02- 854 11/26/02 o o o o ao $6,995.00 per dwelling unit, if paid prior to July 1, 2002. At the time of payment, the $6,995.00 will be allocated pro-rata among the facility costs as follows: $3,565.00 for schools, $280.00 for library facilities, $2,838.00 for roads and $312.00 for fire stations; or The amount approved by the Board of Supervisors not to exceed $6,995.00 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. Co 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 payer ($6,995.00). (B&M) Within thirty (30) days of the recordation of the first subdivision plat, approximately twelve (12) acres, adjacent to the southern property line as shown on the ~Exhibit A", shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. The exact boundary and acreage will be determined at the time of tentative subdivision review. (P&R) 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) The project stormwater management design shall achieve an attenuation of the ten (10) year peak storm from the developed contributing watershed to the pre-development two (2) year peak storm for that portion of the property draining generally to the north towards parcel Tax ID 814-650-7955. (EE) In conjunction with recordation of the initial subdivision plat and prior to dedication of property referenced in Proffered Condition 2, a sixty (60) foot wide right-of-way for a residential collector street ("Greyledge Boulevard Extended) from the eastern property line to the western property line shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right-of-way shall be approved by the Transportation Department. (T) In conjunction with the recordation of the first subdivision plat and prior to dedication of property referenced in Proffered Condition 2, forty-five (45) feet of right-of-way on the north side of Ramblewood Road, measured from the centerline of that part of Ramblewood Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Ramblewood Road shall be limited to one (1) public road, generally located at 02- 855 11/26/02 10. 11. 12. the western property line. The exact location of this access shall be approved by the Transportation Department. (T) To provide an adequate roadway system at the time of complete development, the owner/developer shall be responsible for the following: Construction of additional pavement along Ramblewood Road at the approved access to provide right and left turn lanes, if warranted based on Transportation Department standards; bo Relocation of the ditch to provide an adequate shoulder along the north side of Ramblewood Road for the entire property frontage; C · Construction of two (2) lanes of Greyledge Boulevard Extended as a residential collector street from the existing terminus of Greytedge Boulevard to the western property line. Greyledge Boulevard Extended shall not be designed with a continuous alignment as shown on Exhibit A; and Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any off-site right-of-way that is necessary for the improvements described in Proffered Condition 8.a., the developer may request, in writing, that the County acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the ~off-site" right-of-way, the developer shall be relieved of the obligation to acquire the ~off- site" right-of-way and shall provide the road improvements within available right-of-way as determined by the Transportation Department. (T) Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 8, shall be submitted to and approved by the Transportation Department. (T) Public water and waste water shall be used. (U) The maximum density of this development shall not exceed 175 lots. (P) Dwelling units on lots adjacent to GPIN 812-649-6432, GPIN 813-650-2231, GPIN 814-650-1993, and Thornhill, Enon Oaks and Rockhaven Subdivisions shall have a minimum gross floor area of 2000 square feet. All other dwelling units shall have a minimum gross floor area of 1800 square feet. (P) 13. Development on the Property shall be phased as follows: a) No more than a cumulative total of fifty (50) lots shall be recorded prior to July 1, 2003. 02- 856 11/26/02 b) No more than a cumulative total of one hundred (100) lots shall be recorded prior to July 1, 2004. c) No more than a cumulative total of one hundred fifty (150) lots shall be recorded prior to July 1, 2005. d) No more than a cumulative total of one hundred seventy-five (175) lots shall be recorded prior to July 1, 2006. (P) 14. Construction traffic for initial development on the subject property shall be prohibited on Greyledge Boulevard through the South Bend Subdivision. (P) 15. To the extent permitted by the Transportation Department and VDOT and in conjunction with the construction of Greyledge Boulevard Extended, a traffic island/circle shall be provided as generally depicted on Exhibit ~A". (T) 16. The owner shall be responsible for notification, by registered, certified or first class mail, of all adjacent property owners on record with the County Assessor's Office, as well as the last known representative on file with the Chesterfield County Planning Department of the Southbend Homeowners Association, of the submission of any tentative subdivision plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval or disapproval of any tentative subdivision plan. The owner shall provide the Planning Department with evidence that such notice was sent. (P) 17. A thirty (30) foot tree preservation strip, exclusive of required yards, shall be maintained along the eastern property line, north of proposed Greyledge Boulevard Extended and adjacent to Southbend and Enon Oaks Subdivisions. Utility easements shall be permitted to cross this strip in a perpendicular fashion. Any healthy trees that are eight (8) inches in caliper or greater shall be retained within this tree preservation strip except where removal is necessary to accommodate the improvements permitted by the preceding sentence. This condition shall not preclude the removal of vegetation from the tree preservation strip that is unhealthy, dying or diseased. Furthermore, no accessory structures (i.e., dog houses, sheds, kennels) shall be allowed to reside within this strip. (P) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0217 (Amended) In Matoaca Magisterial District, VERIZON WIRELESS requests Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with Ordinance exceptions in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the 02- 857 11/26/02 property is appropriate for residential use on 1-5 acre lots. This request lies on 3.7 acres fronting approximately 375 feet on the north line of Trents Bridge Road, also fronting approximately 375 feet on the west line of River Road and is located in the northwest quadrant of the intersection of these roads. Tax ID 754-624-6621 (Sheet 40). Ms. Beverly Rogers presented a summary of Case 02SN0217 and stated that the existing 220-foot tower on the subject property was erected in 1957 and is a non-conforming tower for providing communications. She stated that the request is for a temporary tower on the property pending approval of a site in the area to accommodate a permanent tower. She further stated that staff recommends denial because the request is not in compliance with the Public Facilities Plan and tower siting policy which suggest that communication towers should be located away from existing or planned areas of residential development, noting that the request property lies in an area surrounded by single-family dwellings and the site provides no features which would mitigate the visual impact of the erection of the tower. She stated that the Planning Commission recommended approval, noting that this would be a short term solution to provide cellular coverage in the area which is currently inadequate. Mr. Miller and Mr. meeting. Warren excused themselves from the Mr. Chuck Rothenburg, representing the applicant, stated that the conditional use would automatically expire in one year and would provide a level of service for Verizon's customers until an alternate site can be determined. Mr. Barber called for the public hearing. No one came forward to speak to the request. Mrs. Humphrey stated that the proposed cellular tower on wheels (~COW") is a temporary solution to a problem of three miles with no cellular coverage on River Road. Mr. Miller and Mr. Warren returned to the meeting. Mrs. Humphrey made a motion, seconded by Mr. McHale, for the Board to approve Case 02SN0217 subject to the following condition: In conjunction with the granting of this following exceptions shall be granted: request, the A sixty-six (66) foot exception to the 100 foot front yard setback requirement; and A twenty (20) foot exception to the twenty (20) foot corner side yard setback requirement. (P) And, further, conditions: the Board accepted the following proffered The property owner/applicant 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 02- 858 11/26/02 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 thelowner/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 fu!rther force or effect. 1. This conditional use shall permit a cellular tower on wheels ("COW") only and the COW and related equipment shall be of ithe type and in the location as shown on the plans filed with this request entitled "Lake Chesdin C.O.W. Site,i 10501 River Road, Matoaca, VA, Chesterfield County", prepared by Clark Nexsen and dated September 13, 2002, revised September 25, 2002. (P) 2. The tower and equipment shall be designed and installed so as not ito interfere with the Chesterfield County Communications System. Upon site plan review, the owner/developer shall submit information as deemed necessary bY the Chesterfield County Communications and Electronics istaff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower liocation and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment, iPrior to release of a building permit, the study if required, shall be submitted to and approved by, the iChesterfield County Communications and Electronics istaff. (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) This conditional use shall automatically expire one (1) year from the date of approval by the Board of Supervisors. (P) The trailer ishall be off white and the tower shall be sky blue. (iP) There shall be no signs permitted to identify this use. (p) Any buildingI or mechanical equipment shall comply with Section 19-5195 and 19-570 (b) and (c) of the Zoning Ordinance relative to architectural treatment of building extieriors and screening of mechanical equipment. (Staff Note:i Section 19-570(b) and (c) would require the screenin~ of mechanical equipment located on the building or Iground from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment.) The tower shall not be lighted. (P) The COW mobile trailer and equipment shelter shall be enclosed by a minimum six (6) foot high black or green 02- 859 11/26/02 vinyl-clad fence with slats to match and designed to preclude trespassing and to assist in the screening provided in Condition 7. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02SN0289 In Bermuda Magisterial District, LOUIS A. IV AND ALICE C. RUFFIN request Conditional Use and amendment of zoning district map to permit a family daycare 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 single family residential use of 1.01 to 2.5 units per acre. This request lies on 0.5 acre and is known as 11301 Eagle Point Road. Tax ID 792-660-5634 (Sheet 26). Ms. Rogers presented a summary of Case 02SN0289 and stated that staff recommends approval subject to conditions and acceptance of the proffered conditions. She further stated that the Planning Commission recommended denial, noting that neighborhood concerns were that the residential character of the area may be adversely affected with the operation of the family day care home. Mrs. Alice Ruffin presented the Board with data from the 2002 Chesterfield Communities Report and stated that she feels a family day care is a healthy business. She further stated that citizens have expressed concerns that approval of the request would set a precedent for other businesses, and noted that the precedent has already been set because there are more than ten home-based businesses in the Mineola and Trueheart Heights neighborhoods, most of which operate out of Trueheart Heights. She stated that concerns have also been expressed that approval of the request would devalue the homes in the neighborhood and make it harder for homeowners to sell their homes, and noted that after the zoning sign was placed on her property, two homes in the immediate area were sold well above the market value. She referenced information provided to the Board relative to assessment values of three approved conditional use permit cases before and after the permit, including the adjacent neighbors. She also referenced a petition presented the Board signed by 70 residents who support her request, and stated that all but two of the signatures are from Mineola. She noted that six of the eight adjacent neighbors support her request. When asked, Mrs. Ruffin stated that Mineola does not have either a homeowners' association or restrictive covenants. Mr. Miller called for the public hearing. Mrs. Joan Ridout, a resident of Trueheart Heights, stated that she strongly opposes the request and expressed concerns that approval of the request would result in increased traffic and noise; changing the character of the neighborhood; difficulty in selling homes in the 02- 860 11/26/02 neighborhood; liability concerns for neighboring homeowners; and a negative impact on area property values. She requested that the Board deny the request. Mr. William Hiesley, a resident of Eagle Point Road, stated that there are two licensed child care centers with openings for additional children located within two miles of the neighborhood, and he feels the proposed home day care is not necessary and he does not support it. Ms. Julie Miller, a resident of Hemlock Road, stated that she does not oppose the current day care operated by Mrs. Ruffin, but does oppose the proposed expansion. She stressed the importance of maintaining the integrity of communities and preservation of neighborhoods, and stated that she hopes the Board will deny the request. Mr. Charles Clubb, a resident of Castlebury Drive in Trueheart Heights, stated that he opposes the request. He submitted a petition containing 131 signatures in opposition to the request. He stated that the residents are in the process of organizing a neighborhood organization to foster communication and help protect their properties. He expressed concerns that the Planning Department could not provide specific data relative to the impact of family day care homes on residential neighborhoods. He stated that he feels anything that changes the character of a residential community impacts the community, and allowing businesses in residential districts starts the process of devaluating properties. He further stated that he feels conditional use permits should not be granted if the nature of the business causes customers to come to the residence for the service offered. He recognized approximately 25 people in the audience who stood in opposition to the request, and implored the Board to deny the request. Dr. W. Robert Floyd, President of the North Chester Homeowners Association, stated that he has enjoyed living in the fine community of Chester and would like to preserve that quality of living. He expressed concerns that the proposal would involve customers coming into the residence for services, and urged the Board to support the residents who have worked to make Chester a great community and deny the request. Mr. Jim Buonconsiglio, a resident of Eagle Point Road, stated that he feels the residents should be allowed to keep their privacy and their quality of living. Mr. Roger Belliveau, a resident of Eagle Point Road directly across the street from the applicant, stated that he supports the request. He further stated that he has had a home business in the past the does not feel it had a negative impact on the community. He stated that the only time he sees the children in Mrs. Ruffin's care is when they are getting on or off the bus. He expressed concerns that the majority of the people who signed the petition opposing the request do not live in the Mineola neighborhood. He stated that he contacted two appraisers who both indicated that a home day care would not lower property values in the community. He further stated that the North Chester Homeowners Association does not represent anyone in Mineola, and urged the Board to approve the request. 02- 861 11/26/02 Mr. Alvin Short, a resident of Crofton Court, stated that he feels he has a responsibility to be a good neighbor; therefore, he supports the request. Ms. Beverly Richardson, a resident of Old Cheshire Lane and a parent of two children in Mrs. Ruffin's care, stated that Mrs. Ruffin is an excellent caregiver who provides a healthy, happy, safe, productive and loving environment. She further stated that Mrs. Ruffin is community-oriented and most of the neighbors do not even know she is operating a day care business in her home. She stated that she does not feel expanding Mrs. Ruffin's home day care would cause any destruction to the integrity of the surrounding community. She further stated that she feels blessed that Mrs. Ruffin is willing to open her home to provide a positive environment for children in lieu of a crowded commercial day-care center, and urged the Board to approve the request. Mrs. Ruffin stated that, because most of the residents who support her have children who are involved in school functions or require supervision, many were unable to be in attendance. She further stated that she offered to provide additional proffers that would limit the number of children outside of Mineola that she could provide care for, but was told by staff that enforcement of such conditions would be difficult for staff. She stated that she would not be allowed to do any advertising in the neighborhood, and noted that most of her neighbors were not even aware that she was a child care provider. She further stated that the children do not make enough noise to be heard in Trueheart Heights, and requested that the Board make its decision based upon the merits of the case rather than numbers. There being no one else to speak to the request, the public hearing was closed. Mr. Barber stated that he feels the concerns expressed are those of fear and speculation, indicating that there is no proof that home day care reduces property values or has a negative impact on security. He further stated that he will support the request because he recognizes the dire need for home day care. Mr. Warren stated that he tends to lean in favor of the neighborhood and their desire to protect their quality of life, but will support whatever Mr. McHale's position is since the request is in his district. Mrs. Humphrey stated that she is sympathetic to the need for child care, but is inclined to favor the land use plan that Chester residents helped to draft. She further stated that the applicant will still be able to provide care for five children. Mr. Miller stated that he feels residents who purchase homes in residential areas should have a reasonable expectation that the community will remain residential, and indicated that he will not support the request. Mr. McHale stated that the issue is not whether the applicant is a good child care provider, but the fact that there are several connections between Mineola, Trueheart Heights and 02- 862 11/26/02 surrounding neighborhoods. He further stated that if Mineola was self-contained, he would be persuaded to give much greater weight to the support of the immediate neighbors. He stated that people have a right to expect when purchasing a home that the area will remain residential. He further stated that he feels more intense uses are legitimate concerns of the neighbors relative to setting a precedent, and indicated that, reluctantly, he will support denial of the request. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to deny Case 02SN0289. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 18. AD,TO~ On motion of Mr. McHale, seconded by Mr. Warren, the Board adjourned at 9:01 p.m. until December 18, 2002 at 3:30 p.m. Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. Lane B. Ramsey -,/ County Admini stratoX 02- 863 11/26/02