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01-22-2003 MinutesBOARD OF SUPERVISORS MINUTES January 22, 2003 Supervisors in Attendances Mr. Arthur S. Warren, Chairman Mr. J. L. McHale, III, Vice Chrm. Mr. Edward B. Barber Mrs. Renny B. Humphrey Mr. Kelly E. Miller Mr. Lane B. Ramsey County Administrator 03-25 Staff in Attendances Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Dr. Billy Cannaday, Jr., Supt., School Board Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Thomas E. Jacobson, Dir., Planning Mr. H. Edward James, Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Lt. Col. Dennis McDonald, Police Department Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Maj. Ronald O'Shields, Sheriff's Office Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development 01/22/03 Mr. Thomas Taylor, Dir., Block Grant Office Mr. Warren called the regularly scheduled meeting to order at 3:49 p.m. 1. APPROVAL OF MINUTES FOR JANUARY 8, 2003 On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board approved the minutes of January 8, 2003, as submitted. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Lieutenant Lonnie Lewis to provide the Board with an overview of the Senior Citizen Safety Program. Lieutenant Lewis stated that topics discussed in the program include electrical hazards; health and wellness; heating safety; home escape plan; home fire safety; home safety assessment; prevention of falls; safe cooking; and smoke detectors in the home. He reviewed marketing strategies to establish the program, and stated that three programs have already been delivered and others are scheduled. He further stated that 20 individuals have volunteered to be trained to deliver the program. Mr. Miller stated that this program offers the opportunity for neighbors to help neighbors, and he hopes other programs will model themselves upon this concept. Mrs. Humphrey requested a list of the programs already scheduled to assist Board members with facilitating the scheduling of additional programs. She suggested that volunteering with the program would be an excellent Eagle Scout project. She then requested that Lieutenant Lewis share his Firefighter Combat Challenge experience. Lieutenant Lewis expressed appreciation for being able to attend the national competition and stated that he finished 15th in the nation, only six seconds behind the first place finish. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. 4. 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.B.7.b., Request for Permission from Hallmark Home Builders, Incorporated to Construct Masonry Columns Within a Sixteen-Foot Drainage Easement Across Lot 36, Ivyridge, Section A; and adopted the Agenda, as amended. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-26 01/22/03 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING LIEUTENANT WILLIAM M. BOELT, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Chief Elswick introduced Mr. William Boelt who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Lieutenant William M. Boelt retired from the Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2002; and WHEREAS, Lieutenant Boelt was hired on July 16, 1975 and has faithfully served the County for over 27 years in various assignments as a Firefighter at the Bon Air, Ettrick and Manchester Fire Stations; as a Sergeant at the Midlothian and Buford Fire Stations; as a Sergeant in the Fire Training Division; as the Chief Flight Paramedic for Med-Flight; and as a Lieutenant at the Ettrick and Centralia Fire Stations; and WHEREAS, Lieutenant Boelt was recognized as an effective leader, repeatedly commended by other officers for his attitude, cooperation, professionalism, and development of firefighters for promotion; and WHEREAS, as the officer of his shift, Lieutenant Boelt and his shift received a Chesterfield Fire Department Life Save Award for providing medical care to a patient who was experiencing a heart attack, saving the patient's life through teamwork and skilled actions. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 22nd day of January 2003, publicly recognizes the contributions of Lieutenant William M. Boelt, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Lieutenant Boelt and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Boelt, accompanied by Mr. Ramsey and Chief Elswick, expressed appreciation for his dedicated service to the county, and wished him well in his retirement. Mr. Ramsey presented a Jefferson Cup to Mr. Boelt and expressed appreciation for his leadership as a Med-Flight paramedic. Mr. Boelt expressed appreciation to the Board and Mr. Ramsey for the recognition. 03-27 01/22/03 5.B. RECOGNIZING ARTHUR Wm. RITTER, M.S., L.P.C., MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE DEPARTMENT, UPON HIS RETIREMENT Mr. Braunstein introduced Mr. Arthur Wm. Ritter who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, in 1971 with the intent of implementing the provisions of Chapter 10, Title 37.1 of the Code of Virginia, 1950, as amended, the Chesterfield County Board of Supervisors formally approved the establishment of a community mental health and mental retardation services program; and WHEREAS, Mr. Arthur Wm. Ritter, M.S., L.P.C. was, from the date of his employment as a mental health professional in September 1972, highly instrumental in the development of a strong foundation of mental health and mental retardation programs available to all Chesterfield residents; and WHEREAS, Mr. Ritter, one of four mental health counselors, established the first Mental Health Clinic in Chesterfield and diligently provided a wide variety of outpatient services from a trailer located behind the old Health Department building; and WHEREAS, in 1977, Mr. Ritter designed and managed the well-known Chesterfield Community Services Board 24-hour Crisis Center that continues to provide immediate access to citizens with mental health emergencies; and WHEREAS, Mr. Ritter often provided on-site field support to Police and Fire Department personnel in critical situations and regularly shared his knowledge and expertise as a qualified behavioral healthcare professional; and WHEREAS, having recognized the need for a state-of-the- art Stress Debriefing Program model to enhance and support the important work of all public safety personnel in the county, Mr. Ritter successfully implemented a Critical Incident Stress Debriefing program; and WHEREAS, Mr. Ritter is recognized for providing quality mental health services to county residents in need of behavioral health care from September 1972 through 2002, a total of three decades. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 22nd day of January 2003, publicly recognizes Mr. Arthur Wm. Ritter, M.S., L.P.C. for his numerous achievements during his thirty years as a public mental health counselor and manager of Crisis Emergency Services, and extends best wishes and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Ritter and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03 -28 01/22/03 Mr. McHale presented the executed resolution to Mr. Ritter, accompanied by Mr. Ramsey and Mr. Braunstein, expressed appreciation for his dedicated service to the county, and wished him well in his retirement. Mr. Ramsey congratulated Mr. Ritter upon his retirement. Mr. Braunstein presented a gift to Mr. Ritter. Mr. Ritter expressed appreciation to the Board for the recognition and also to members of the Police and Fire and Emergency Medical Services Departments for their support of the Critical Incident program. 6. WORK SESSIONS 0 PROPOSED FY2004-2010 CAPITAL IMPROVEMENT PRO~RAM Mr. Jay Payne, Budget Manager, introduced Mr. Bill Handley, Planning Department Demographer, who reviewed population data, trends and projections. Discussion ensued relative to increased school population projections, what is attracting new residents to the county, and where the new residents are coming from. Mr. Barber stated that realtors would be a great source of information for school population projections. He requested that a form be developed for realtors to provide the county with specific information regarding migration of citizens. Mr. McHale stated that he feels the Board's planned growth management initiative has positively impacted the community. Mr. Warren stated that he concurs with Mr. McHale and expressed appreciation to Planning staff and the Planning Commission for their efforts in managing the county's growth. Mr. Payne presented an overview of the proposed FY2004-2010 Capital Improvement Program (CIP) for the county which was based upon the premise that a referendum is planned for Fall 2004. He stated that all general obligation bond funds from the 1996 referendum have been sold, and most 1996 referendum projects have been completed. He further stated that the FY2004-2010 CIP adheres to established debt and financial management policies and recommends a continued decreased reliance on long-term financing for capital projects. He reviewed a comparison of debt ratio and debt service expenditures; composition of the proposed CIP; and proposed CIP revenue and expenditure summaries (county only). He then reviewed the County CIP summary in the areas of Administration of Justice, Airport, Environmental Engineering, Health, General Services and Libraries. Mr. Warren requested that the Friends of the Library be afforded the opportunity to review the proposed Libraries CIP projects. Mr. Payne continued to review the County CIP summary in the areas of Parks and Recreation, Public Safety, Regional, Technology Improvements and Transportation. 03-29 01122103 There was brief discussion relative to CIP allocations for The Diamond. Mr. Payne introduced Ms. Kitchen to present the proposed FY2004-2010 Capital Improvement Program (CIP) for the schools. Ms. Kitchen stated that the School CIP not only addresses overcrowding, but also the need for special program space and the aging condition of existing facilities. She reviewed the proposed School Board CIP in the areas of new construction. Discussion ensued relative to the $87.5 million projected for construction of a new Clover Hill High School. Mr. Miller expressed concerns provisions in new schools. relative to excessive Mrs. Humphrey inquired about the number of students proposed for the new Clover Hill High School. Ms. Kitchen stated that, if the Math Science Center stays at Clover Hill, approximately 2,400 students are projected for the new school when it opens. She further stated that school population projections will be monitored closely to determine the feasibility of building the infrastructure to handle additional students in the future, which could result in an overall cost savings. Mr. McHale expressed concerns relative to the proposed size of the new Clover Hill High School. He stated that the Committee on the Future, in its report on youth development, encouraged the construction of smaller schools to enforce a sense of community in the schools, and urged School personnel to review the report. Mr. Barber expressed concerns relative to the impact of the size of the proposed new high school upon students, as well as the location of the proposed new high school. He stated that, if the school is located further west beyond the edge of development, it will become a magnet for development rather than emphasizing infill development. Ms. Kitchen stated that the School Board has also expressed similar concerns relative to locating the school west of development. Mrs. Humphrey inquired whether constructing two medium size high schools (one on the western border and one infill) might better serve the county than one large high school. Ms. Kitchen cautioned that two medium high schools would cost more than the $87.5 million projected for the new Clover Hill High School. Mr. Miller expressed concerns relative to the aging population being required to contribute to the cost of new school construction. Mr. Barber expressed concerns relative to an equitable distribution of projects in a potential bond referendum. 03-30 01/22/03 Ms. Kitchen continued to review the proposed School CIP in the areas of renovations and additions. Discussion ensued relative to possible uses of the vacant Matoaca High School building. Mr. McHale inquired about the possibility of using the vacant Matoaca High School as a specialty center. Mr. Barber requested an analysis of revenue and space requirements of specialty programs, including the difference between high schools with and without specialty programs. Ms. Kitchen stated that she would provide this information to the Board. She then reviewed the School CIP in the areas of major maintenance and technology and also reviewed expenditure and revenue summaries. Mr. Warren expressed appreciation to Ms. Kitchen for the informative presentation. LEGISLATIVE UPDATE Mr. Ramsey called Ms. Curtin forward to provide a brief report on activities of the General Assembly. Ms. Curtin stated that no legislation has been introduced so far that would put a cap on cash proffers. She further stated that Delegate Jones introduced the county's legislative request to repeal the legislation enacted last year taking away the Board's right to address mobile home park improvements, but it was passed by indefinitely in a subcommittee of Counties, Cities and Towns. Mrs. Humphrey and Mr. Miller expressed concerns that the request was not supported. Ms. Curtin stated that manufactured home legislation, different from last year, has been introduced and will be heard in Counties, Cities and Towns subcommittee on January 29, 2003. Mr. Warren, Mr. Miller and Mrs. Humphrey all indicated that they would attend the subcommittee hearing. Mr. Miller suggested contacting leadership in neighboring jurisdictions to generate enthusiasm for the issue. Mrs. Humphrey requested that subcommittee hearing as well. Planning staff attend the When asked, Ms. Curtin stated that the legislation, if adopted, would require the county to choose two residential zoning districts in which by-right placement of manufactured homes would be permitted. She further stated that additional criteria relative to the housing itself is included in proposed legislation. Mr. Miller suggested that citizen support from each district would be beneficial. 03-31 01/22/03 Mrs. Humphrey expressed concerns relative to making decisions on rezoning requests without knowing what might happen with the county's zoning classifications. Mr. Miller suggested that the Board consider accepting proffered conditions prohibiting manufactured housing in future zoning cases. Ms. Curtin stated that a public hearing was held on various adequate public facilities legislative requests, and all of the requests were recommended to be passed by indefinitely by a Counties, Cities and Towns subcommittee. She noted that there are other adequate public facilities legislative requests that will be heard by the Senate Local Government Cor~ittee on January 28, 2003. Mr. Barber expressed concerns that the county's delegation sometimes does not carry our legislative requests and does not speak forcefully in committee although we have the same constituents. He requested a summary of the vote on legislative requests important to the county at the end of the session. Discussion ensued relative to potential legislation resulting legislative delegation. contacting citizens about in attention from our Mr. Miller stated that he has discussed the manufactured housing legislation with our delegation and he does sense that they support the county's position on the issue. Mr. Warren requested that Ms. Curtin provide details of the county's legislative delegation's votes on Chesterfield's legislative requests at the end of the session. Mrs. Humphrey stated that she will submit the details of the voting to The Observer and suggested that Mr. McHale submit the information to the Chester Village News. Mr. McHale expressed concerns that the legislative delegation pays more attention to the development industry than local elected officials and constituents, taking away the ability of local government to control growth. Mr. Warren thanked Ms. Curtin for the presentation. 7. DEFEND IT.S There were no deferred items at this time. 8. NEW BUSINESS 8.A. APPOINTMENT On motion of Mr. McHale, seconded by Mr. Miller, the Board suspended its rules at this time to allow simultaneous nomination/appointment of a member to serve on the Chesterfield Community Services Board. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-32 01/22/03 0 CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Ivan K. Tolbert, representing the county at-large, to serve on the Chesterfield Community Services Board, whose term is effective January 1, 2003 and expires December 31, 2005. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B. CONSENT ITEMS 8.B.1. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Barber, 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. Tvoe Chanae to the Secondary System of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Bridlewood Forest · Tuckers Landing Road, State Route Number: 5495 From: Providence Rd., (Rt. 678) To: Cul-de-sac, a distance of: 0.22 miles. Right-of-way record was filed on 11/14/2001 with the Office Of Clerk To Circuit Court in Pb. 121; Pg. 69, with a width of 40 Ft. 03-33 01/22/03 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. TVDe Chanae to the Secondary Sy~tern 9f State Highways: Addition ealll for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §33.1-229 Crown Park, Sec. A and Lady Blair Lane, a portion of Jacobway Court, State Route Number: 5497 Lady Blair Ln., (Rt. 5496) Cul-de-sac, a distance of: 0.09 miles. Right-of-way record was fi~ed on 6/1/1999 with the Office Of Clerk To Cimuit Court in Pb. 105; Pg. 24, with a width of 45 Ft. ® Lady Blair Lane, State Route Number: 5496 From: Pocoshock BI., (Rt. 733) To: Jacobway Ct., (Rt. 5497), a distance of: 0.13 miles. Right-of-way record was filed on 6/1/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 24, with a width of Variable Right-of-way record was filed on 11/19/1998 with the Office Of Clerk To Circuit Court in Db. 3428; Pg. 604, with a width of Variable · Lady Blair Lane, State Route Number: 5496 From: Jacobway Ct., (Rt. 5497) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 6/1/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 24, with a wiclth of 45 Ft And, further, the Board adopted the following resolution: 03-34 01/22/03 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: Additign Basia for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §3a.1-22S St. Clair, Sec. B St. Cecella Drive, State Route Number: 5282 $outhshore Dr., (Rt. 4777) .13 Mi. E of Southshore Dr., (Rt. 4777), a distance of: 0.13 miles. Right-of-way record was filed on 12/15/1995 with the Office Of Clerk To Circuit Court in Pb.89; Pg. 50, with a width of 50 Ft. St. Regina Court, State Route Number: 5281 From: Southshore Dr., (Rt. 4777) Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 12/15/1995 with the Office Of Clerk To Circuit Court in Pb.89; Pg. 50, 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, 03-35 01/22103 pursuant to § 33.1-229, Code of Virginia, 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 this resolution be forwarded to the Resident Engineer Virginia Department of Transportation. Type Change tO the Secondary System of State Highways: Addition Baala for Change: Addition, New aubdivlalon atreet Statutory Reference: ~3.1-229 Project: St. Clair, Sec. C · St. Ce,cella Court, State Route Number: 5499 From: St. Cecelia Dr., (Rt. 5282) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 39, with a width of 40 Ft. · St. Cecella Drive, State Route Number: 5282 From: St. Elizabeth Dr., (Rt. 5498) To: St. Cecelia Ct., (Rt. 5499), a distance of: 0.07 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 39, with a width of 40 Ft. · St. Cecella Ddve, State Route Number: 5282 From: St. Cecelia Ct., (Rt. 5499) To: .03 Mi. NVV of St. Cecelia Ct., (Rt. 5499), a distance of: 0.30 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 39, with a width of 50 Ft. · St. Elizabeth Drive, State Route Number: 5498 From: Southshore Dr., (Rt. 4777) To: St. Cecelia Dr., (Rt. 5282), a distance of: 0.06 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 39, with a width of 44 Ft. · St. Elizabeth Drive, State Route Number: 5498 From: St, Cecelia Dr., (Rt. 5282) To: .03 Mi. E of St. Cecelia Dr., (Rt. 5282), a distance of: 0.03 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 39, with a width of 44 Ft. and the this Board guarantees as described, and any drainage. copy of for the 03-36 01/22/03 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. Tvoe Change to the Secondary Svstern of State Hl<]hwavs: Ba$1a for Change: Addition, New aubdlvlalon street Statutory Reference: ~3.1-229 Project: From: To: Addition Jeseup Farms, Section E Calavettl Drive, State Route Number: 5439 Hackney Rd., (Rt. 2326) .03 Mi. W of Hackney Rd., (Rt. 2326), a distance of: 0.03 miles. Right-of-way record was filed on 7/24/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 55, with a width of 50 Ft. ® Hackney Loop, State Route Number: 5438 From: Hackney Rd., (Rt. 2326) To: Hackney Rd., (Rt. 2326), a distance of: 0.06 miles. Right-of-way record was filed on 7/24/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 55, with a width of Varied · Hackney Road, State Route Number: 2326 From: Brambleton Rd., (Rt. 3169) To: Hackney Lp., (Rt. 5438), a distance of: 0.05 miles. Right-of-way record was filed on 7/24/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 55, with a width of 50 Ft. · From: To: Hackney Road, State Route Number: 2326 Hackney Lp., (Rt. 5438) Hackney Lp., (Rt. 5438), a distance of: 0.02 miles. 03-37 01/22/03 Right-of-way record was filed on 7/24/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 55, with a width of 50 Ft. · Hackney Road, State Route Number: 2326 From: Hackney Lp., (Rt. 5438) To: Calavetti Dr., (Rt. 5439), a distance of: 0.07 miles. Right-of-way record was filed on 7/24/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 55, with a width of 50 Ft. · Hackney Road, State Route Number: 2326 From: Calavetti Dr., (Rt. 5439) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 7/24/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 55, with a wiclth 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. Tyi~ ~hanee to the Secondary System of State HIQhwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Bayhlll Pointe, Section 11 · Erlka Hill Court, State Route Number: 5468 From: Erika Hill Wy., (Rt. 5503) To: Cul-de-sac, a distance of: 0.02 miles. Right-of-way record was filed on 6/11/2001 with the Office Of Clerk To Circuit Court in Pb. 118; Pg. 42, with a width of 40 Ft. 03-38 01/22/03 · From: To: Erlka Hill Drive, State Route Number: 5467 Battlecreek Dr., (Rt. 5013) Intersection of Erika Hill Wy., (Rt. 5503) Erika Hill PI., (Rt. 5469), a distance of: 0.12 miles. Right-of-way record was filed on 6/11/2001 with the Office Of Clerk To Circuit Court in Pb. 118; Pg. 42, with a width of 50 Ft. · Erika Hill Drive, State Route Number: 5467 From: Intersection cf Erika Hill Wy., (Rt. 5503) & Erika Hill PI., (Rt. 5469) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 6/11/2001 with the Office Of Clerk To Circuit Court in Pb. 118; Pg. 42, with a width of 40 Ft. · Erlka Hill Place, State Route Number: 5469 From: Erika Hill Dr., (Rt. 5467) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 6/11/2001 with the office Of Clark To Circuit Court in Pb. 118; Pg. 42, with a width of 40 Ft. · Erlka Hill Way, State Route Number: 5503 From: Erika Hill Dr., (Rt. 5467) To: Erika Hill Ct., (Rt. 5468), a distance of: 0.05 miles. Right-of-way record was filed on 6/11/2001 with the Office of Clerk To Circuit Court in Pb. 118; Pg. 42, with a width of 40 Ft. · Erlka Hill Way, State Route Number: 5503 From: Erika Hill Ct., (Rt. 5468) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 6/11/2001 with the office Of Clerk To Circuit Court in Pb. 118; Pg. 42, with a width of40Ft. And, further, the Board adopted the following WHEREAS, the street described below recorded in the Clerk's Office of the Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised street meets the requirements established by Street Requirements of the Virginia Transportation. resolution: is shown on plats Circuit Court of 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 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. 03-39 01/22/03 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 Change to the Secondary System of State Highways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: Project: Buford Square Buford Square Place, State Route Number: 5466 From: Buford Rd., (Rt. 678) Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 9/6/2000 with the Office Of Clerk To Cimuit Court in Pb. 112; Pg. 65, with a wkJth 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. T¥1~ Chilnae to the Secondary System of State Hlahwavs: Addition Baals for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Clarke's Forge · Cannon Ridge Court, State Route Number: 5501 From: Iron Forge Dr., (Rt. 5500) To: Cul-de-sac, a distance of: 0.20 miles. Right-of-way record was filed on 10/11/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 86, with a width of Vadable 03-40 01/22/03 · From: To: Iron Forge Drive, State Route Number: 5500 Old Gun Road West, (Rt. 673) Cannon Ridge Ct., (Rt. 5501), a distance of: 0.16 miles. Right-of-way record was filed on 10/11/1994 with the Office Of Clerk To Cimuit Court in Pb. 85; Pg. 86, with a width of 50 Ft. · Iron Forge Drive, State Route Number: 5500 From: Cannon Ridge Ct., (Rt. 5501) To: Salles Ridge Ct., (Rt. 5502), a distance of: 0.14 miles. Right-of-way record was filed on 10/11/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 86, with a width of 50 Ft. · Salles Ridge Court, State Route Number: 5502 From: Iron Forge Dr., (Rt. 5500) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 10/11/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 86, with a width of 50 Ft. · Salles Ridge Court, State Route Number: 5502 From: Iron Forge Dr., ( Rt. 5500) To: Cul-de-sac, a distance of: 0.26 miles. Right-of-way record was filed on 10/11/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 86, with a width of 50 Ft. And, further, the WHEREAS, the recorded in the Chesterfield County; Board adopted the following resolution: street described below is shown on plats Clerk's Office of the Circuit Court of and WHEREAS, the Resident Department of Transportation street meets the requirements Engineer for the Virginia has advised this Board the established by the Subdivision the Virginia Department of Street Requirements Transportation. of 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. Tvoe Chanoe to the Secondary System of State HlghweY~: Addition Basis for Change: Addition, New subdivision street 03-41 01/22/03 Statutory Reference: §33.1-229 Project: Grove Hill Road Extension Grove Hill Road, State Route Number: 5471 From: Grove Hill Rd., (Rt. 5471) .12 Mi E Biggin Pond Rd., (Rt. 5480) To: North Woolridge Rd., (Rt. 668), a distance of: 0.13 miles. Right-of-way record was filed on 11/22/2000 with the Office Of Clerk To Cimuit Court in Db. 3951; Pg. 412, with a width of Variable And, further, 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. Tvoe Chanae to the Secondary System of State Hlahwavs: _A~Jglltign Basis for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §33.1-22~ Queenspark, Sections K and L Lady Marian Place, State Route Number: 5494 Lady Marian Ct., (Rt. 4087) Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 9/28/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 71, with a width of 50 Ft. Right-of-way record was filed on 12/22/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 80, with a width of 50 Ft. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-42 01/22/03 8.B.2. AUTHORIZATION TOACCEPTANDAPPROPRIATE GRANT FUNDS 8.B.2.a. FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE VIRGINIA EXILE GRANT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the acceptance and appropriation of Virginia Project Exile grant funds ($48,374 state funds and $36,281 federal funds) from the Virginia Department of Criminal Justice Services. (It is noted the local match of $12,094 will come from excess appropriations in other areas.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.2.b. FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE LOCAL ALL-HAZARDS EMERGENCY OPERATIONS PLANNING GRANT PROGRAM On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the acceptance and appropriation of $53,448 in grant funds from the Federal Emergency Management Agency for the Local All-Hazards Emergency Operations Planning Grant Program. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.3. SET DATE FOR PUBLIC HEARINGS 8.B.3.a. TO CONSIDER A SECOND AMENDMENT TO THE FBO SERVICES AND LEASE AGREEMENT WITH DOMINION AVIATION SERVICES INCORPORATED After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of February 12, 2003 at 7:00 p.m. for a public hearing to consider a second amendment to the FBO Services and Lease Agreement with Dominion Aviation Services, Incorporated. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.3.b. TO DECLARE 8611 SUNVIEW LANE BLIGHTED On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of February 12, 2003 at 7:00 p.m. for a public hearing to declare 8611 Sunview Lane blighted and determine the appropriate remedy. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.4. ADOPTION OF RESOLUTION RECOGNIZING MR. GARY LYNN HILL, JR. UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: 03-¢3 01/22/03 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. Gary Lynn Hill, Jr., Troop 837, sponsored by Chester Baptist 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, Gary 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 recognizes Mr. Gary Lynn Hill, Jr., extends congratulations 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.6. APPROVAL OF UTILITY CONTRACT FOR SHEPHERDS WATCH, SECTION A On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following utility contract for Shepherds Watch, Section A, Contract Number 01-0092, which includes an offsite extension of 871 L.F. ± of eight-inch wastewater lines: Developer: Contractor: Contract Amount: Code: (Refunds thru Connections - Offsite) District: Dale Jacobs Glenn LC Excalibur Construction Corporation Estimated County Cost for Offsite ........... $11,752.50 Estimated Developer Cost $87,313.50 Estimated Total ........ $99,066.00 5N-572VO-E4D (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 01/22/03 8.B.7. REQUESTS FOR PERMISSION 8.B.7.&. FROM MOHAMED GAD-EL-HAKAND DILEK K. GAD-EL-HAK TO CONSTRUCT A FENCE WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 35, KING'S FARM AT RIVERDOWN On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Mohamed Gad-E1-Hak and Dilek K. Gad- E1-Hak for permission to construct a fence within a 16-foot drainage easement across Lot 35, King's Farm at Riverdown, 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8 .B.7 .C. FROM ROY W. WYNN, JR. AND REBECCA T. WYNN TO INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTY- FOOT UNIMPROVED RIGHT OF WAY TO SERVE PROPERTY ON CHALKLEY ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Roy W. Wynn, Jr. and Rebecca T. Wynn for permission to install a private water service within a 50-foot unimproved right of way to serve property at 10702 Chalkley Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8 .B.7 .d. FROM JAMES S. TAIT AND CECILIA R. TAIT TO INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTY-FOOT UNIMPROVED RIGHT OF WAY TO SERVE PROPERTY ON CHALKLEY ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from James S. Tait and Cecilia R. Tait for permission to install a private water service within a 50- foot unimproved right of way to serve property at 10712 Chalkley Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.8. REQUEST TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT OF WAY TO PROVIDE A TURN LANE ON RIVER ROAD FOR RIVER'S TRACE SUBDIVISION On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Attorney to proceed with eminent domain for the acquisition of right of way to provide a turn lane on River Road for River's Trace Subdivision from the heirs of Winfield Brown, Jr. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-45 01/22/03 8.B.9. AUTHORIZATION TO ACCEPT AND APPROPRIATE ADDITIONAL PART C FUNDS AND FEDERAL DAY CARE FUNDS FOR CHILDREN WITH SPECIAL NEEDS FOR THE COMMUNITY SERVICES BOARD On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the acceptance and appropriation of $278,798.59 in additional Part C funds and $30,000 in Federal Day Care funds for children with special needs. (It is noted no local match is required.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.10. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED WITH THE DESIGN, RIGHT-OF-WAY ACQUISITION, AND UTILITY RELOCATION FOR THE ROBIOUS ROAD WIDENIN~ PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $317,700 in cash proffers and interest earnings from traffic shed 2 for the design, right-of-way acquisition, and utility relocation for the widening of Robious Road from Salisbury Road through the Twin Team Lane intersection; and authorized the County Administrator to enter into the standard county/Virginia Department of Transportation/ consultant/contractor design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for the project. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.11. AUTHORIZATION TO ENTER INTO A LICENSE AGREEMENT TO CONSTRUCT A PRIVATE ROAD ON COUNTY PROPERTY FROM DRAGONNADE TRAIL TO THE POWHATANCOUNTY LINE On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors to execute a License Agreement, acceptable to the County Attorney, allowing construction of a private road on county property from Dragonnade Trail to the Powhatan County Line. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. The following item was removed from the Consent Agenda Board discussion: 8.B.5. APPROPRIATION OF FUNDS FOR THE REPLACEMENT OF THE for COUNTY GARAGE CAR WASH SYSTEM Mrs. Humphrey requested additional information relative to the necessity for replacing the car wash system. Mr. Stegmaier stated that the existing car wash is broken and has broken down regularly for several years. He further stated that, under current regulations, oil and other products being washed off of vehicles must be separated from the water that comes off the cars. He stated that the new project will provide a filtering system to address this requirement. He further stated that options were explored for contracting out car washes, indicating that replacing the system is the lowest cost option for washing county vehicles. 03-46 01/22/03 Mr. Ramsey stated that the largest users of the facility are police officers and there is no option for those on the midnight shift to use a commercial facility. Mr. Stegmaier stated that it is possible to repair the existing facility, but in the long run it will be more costly to keep it running than to replace it. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board appropriated $123,000 from Vehicle and Communication retained earnings for the replacement of the county garage car wash. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS O MRS. JEANNE HORNE WILL ADDRESS THE BOARD REQUESTING THAT THE BOARD PAY A SPECIAL EXCEPTION APPLICATION FEE Mrs. Jeanne Horne stated that she is a 4-H volunteer leader who teaches animal science to children. She further stated that because she does not have three acres, she must apply for a special exception to keep more than ten rabbits. She stated that her neighbors do not have a problem with the rabbits, and she does not want to disappoint the children in her program. She further stated that she also rescues animals at the county's request. She requested that the Board pay the application fee for a special exception to allow her to keep additional rabbits. When asked, Mrs. Horne stated that she is a volunteer leader and provides this service to the children at no charge. Mr. Warren stated that the County Administrator will report back to the Board with a recommendation. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Miller, the Board accepted the following reports: A report on Developer Water and Sewer Contracts; and a Report on the Status of the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: ADDITION LENGTH ANDERSON'S FORGE, SECTION 2 (Effective 12/11/02) Bellows Drive (Route 5112) - From .04 mile south of Pony Cart Drive (Route 5111) to Buggy Drive (Route 5431) 0.17 Mi Bellows Drive (Route 5112) - From Buggy Drive (Route 5431) to Cul-de-sac 0.03 Mi 03-47 01/22/03 Buggy Drive (Route 5431) - From Bellow Drive (Route 5112) to Buggy Place (Route 5432) Buggy Drive (Route 5431) - From Buggy Place (Route 5432) to .04 mile south of Buggy Place (Route 5432) Buggy Place (Route 5432) - From Buggy Drive (Route 5431) to Cul-de-sac BEECHWOOD FOREST, SECTION 4 (Effective 12/18/02) Eagle Pass Court (Route 5440) - From Eagle Pass Drive (Route 4607) to 0.10 mile west of Eagle Pass Drive (Route 4607) Eagle Pass Drive (Route 4607) - From Hunters Hawk Drive (Route 4524) to Eagle Pass Court (Route 5440) Eagle Pass Drive (Route 4607) - From Eagle Pass Court (Route 5440) to 0.15 mile north of Eagle Pass Court (Route 5440) FIRST BRANCH AT WOODLAND POND, SECTION A (Effective 12/11/02) First Branch Boulevard (Route 5441) - From Nash Road (Route 656) to First Branch Court (Route 5443) and First Branch Lane (Route 5452) First Branch Court (Route 5443) - From First Branch Boulevard (Route 5441) to Cul-de-sac First Branch Lane (Route 5442) - From First Branch Boulevard (Route 5441) to Woodbluff Court (Route 5444) First Branch Lane (Route 5442) - From Woodbluff Court (Route 5444) to Cul-de-sac Woodbluff Court (Route 5444) - From First Branch Lane (Route 5442) to Cul-de-sac ST. JAMES WOODS, SECTION H (Effective 12/18/02) Nevis Court (Route 6070) - From Nevis Drive (Route 6069) to Cul-de-sac Nevis Drive (Route 6069) - From Nevis Court (Route 6070) to Sanbury Lane (Route 4264) Nevis Drive (Route 6069) - From 0.02 mile west of Explorer Drive (Route 3998) to Nevis Court (Route 6070) Sanbury Lane (Route 4264) - From Sanbury Loop (Route 6071) to Cul-de-sac Sanbury Lane (Route 4264) - From Nevis Drive (Route 6069) to 0.02 mile west of Nevis Drive 03-48 0.08 Mi 0.04 Mi 0.06 Mi 0.10 Mi 0.09 Mi 0.15 Mi 0.05 Mi 0.12 Mi 0.14 Mi 0.02 Mi 0.11 Mi 0.03 Mi 0.08 Mi 0.06 Mi 0.07 Mi 01/22/03 (Route 6069) Sanbury Lane (Route 4264) - From Nevis Drive (Route 6069) to Sanbury Loop (Route 6071) Sanbury Loop (Route 6071) - From Sanbury Loop (Route 6071) to Sanbury Loop (Route 6071) ST. JAMES WOODS, SECTION I (Effective 12/18/02) Explorer Court (Route 6065) - From 0.02 mile west of Explorer Drive (Route 3998) to Cul-de-sac Explorer Terrace (Route 6066) - From 0.02 mile east of Explorer Drive (Route 3998) to Cul-de-sac VILLAGE AT MIDLOTHIAN (Effective 12/9/02) Mulligan Court (Route 5433) - From Salisbury Drive (Route 1033) to Cul-de-sac Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 0.02 Mi 0.05 Mi 0.04 Mi 0.02 Mi 0.12 Mi 0.12 Mi 11. DIOR On motion of Mr. recessed to the dinner. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. McHale, seconded by Mr. Barber, Administration Building, Room the Board 502, for Reconvening: 12. INVOCATION Reverend Steven Smith, Senior Pastor of Salem Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Members of Comanche Tribe of the Pamunkey Nation YMCA Indian Guides led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 0 RECOGNIZING JANUARY 19-25, 2003, AS ~UNITED STATES JAYCEE WEEK" IN CHESTERFIELD COUNTY Mr. Kappel introduced Mr. Quenton Lee, President of the Chesterfield Jaycees, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 03-49 01/22/03 WHEREAS, the week of January 19-25, 2003 is recognized as United States Jaycee Week; and WHEREAS, the Chesterfield Jaycees was established on March 28, 1952; and WHEREAS, the Chesterfield Jaycees, a leadership development through community action organization, has had a legacy of outstanding service to Chesterfield County for more than half a century; and WHEREAS, the Chesterfield Jaycees, part of the Virginia Junior Chamber and the United States Junior Chamber of Commerce and JCI International, working with those organizations, has helped many young people in the community through the development of management skills, individual training, community service and international relations; and WHEREAS, the Chesterfield Jaycees, through its community development programs, has contributed to Chesterfield County by forming the Chesterfield Little League and the county's first Distinguished Service Award, and by its involvement in the Junior Chamber Family Aids Network, among other endeavors; and WHEREAS, the Chesterfield Jaycees has sponsored, among other events, the East Coast Invitational Track Meet; Apple Butter Sunday; Rainbow of Arts; a Haunted House; a Christmas tree lot; a Christmas shopping tour and various other fundraising activities, which have assisted many charities, including Camp Virginia Jaycee; and WHEREAS, the Chesterfield Jaycees, through its government involvement programs, has helped to develop an understanding and appreciation among young Virginians of the importance of civic affairs and economics in local and state government and in the legislative process; and WHEREAS, the Chesterfield Jaycees has been consistently recognized as being among the top chapters in Virginia and the nation. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 22nd day of January 2003, publicly recognizes the exemplary achievements of the Chesterfield Jaycees, and proclaims January 19-25, 2003, as ~United States Jaycee Week" in Chesterfield County. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. Barber presented the executed resolution to Mr. Lee, accompanied by his wife, and expressed appreciation for the contributions of the Chesterfield Jaycees. Mr. Lee expressed appreciation to the Board for the recognition, and invited each Board member to speak at a Jaycee meeting. 03-50 01/22/03 15. I:tE~UESTS FOR ~OBI~E HOI~ PEI~IITS ~ REZONIN~ 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 18 01SN0149 In Bermuda Magisterial District, MILLER OIL COMPANY, INC. requests amendment to Conditional Use Planned Development (Case 97SN0150) and amendment of zoning district map relative to the hours of operation for a convenience/combination store. Specifically, twenty-four (24) hour operation is proposed. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood commercial use. This request lies on 2.14 acres fronting approximately 450 feet on the north line of West Hundred Road, also fronting approximately 210 feet on the west line of Rock Hill Road and is located in the northwest quadrant of the intersection of these roads. Tax ID 797-655- 3409 (Sheet 26). Mr. Jacobson stated that the applicant has requested a deferral until July 23, 2003. Mr. LaVerne Cole, representing the applicant, requested a deferral until July 23, 2003. Mr. Warren called for the public hearing. No one came forward to speak to the deferral. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board deferred Case 01SN0149 until July 23, 2003. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0124 In Matoaca Magisterial District, GEORGE B. SOWERS, JR. AND GBS HOLDING LTD request 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 single family residential use of 2.0 units per acre or less. This request lies on approximately 400.1 acres lying approximately 2,550 feet off the west line of Otterdale Road, measured from a point approximately 1,900 feet south of Old Hundred Road; also located approximately 350 feet off the north line of Swamp Fox Road, measured from a point approximately 3,150 feet west of Gamecock Road. Tax IDs 708-696-9042, 709-696-5904, 710- 696-6714, 711-694-2983 and 712-696-5725 (Sheets 5 and 9). Mr. Jacobson presented a summary of Case 03SN0124 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Mr. William Shewmake, representing the applicant, stated that the recommendation is acceptable. 03-51 01/22/03 When asked, Mr. Shewmake stated that covenants and restrictions for the proposed development will prohibit manufactured housing. Mr. Warren called for the public hearing. No one came forward to speak to the request. Mrs. Humphrey expressed appreciation to the applicant for holding community meetings and contacting adjoining property owners before even submitting the application. She stated that the applicant has offered the full $9,000 cash proffer; proffered road improvements that will come in advance of building permits; is dedicating all rights of way to the county; has met all water quality standards; and is affording to adjoining property owners a much needed water line extension. Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to approve Case 03SN0124 and accept the proffered conditions. Mr. Warren requested that staff provide the Board with information relative to the cost and practicality of building regional BMPs in both the Matoaca and Clover Hill Districts which impact the Swift Creek Reservoir. Mr. Warren then called for a vote on the motion of Mrs. Humphrey, seconded by Mr. Warren, for the Board to approve Case 03SN0124 and accept the following proffered conditions: A maximum of four hundred fifty (450) lots shall be permitted. (P) The exposed surfaces of all foundations for dwelling units shall be faced with brick veneer. (P) The public water and wastewater systems shall be used. (u) Ail dwellings shall have a minimum gross floor area of 2,000 square feet. (P) Unless otherwise approved by the Planning Commission, a maximum of thirty (30) lots on the property shall be able to access the North Hundred subdivision from Hunting Hill Road with less than three (3) stop or turning movements, exclusive of individual lot access. (Note: This proffer is intended to minimize and discourage vehicular traffic through the North Hundred subdivision.) (T) Any lot located within six hundred (600) feet of the North Hundred subdivision shall contain a minimum area of 40,000 square feet. (P) Any lot adjacent to the western property line of tax map parcel number 714-698-3178 shall contain a minimum area of 40,000 square feet. (P) No lot shall have sole access from Hunting Hill Road. (P) 03-52 01/22/03 10. Except and unless as otherwise provided herein, 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: $9,000 per dwelling unit if paid prior to 1 July 2003; or the amount approved by the Board of Supervisors not to exceed $9,000 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between 1 July 2002 and 1 July of the fiscal year in which the payment is made if paid after 30 June 2003. The per dwelling unit cash proffer amount shall be prorated among schools, roads, libraries, fire stations, and parks and recreation facilities by the County's Department of Budget and Management. Provided however, the cash proffer payment shall be reduced by the transportation component so long as the cost of the improvements defined in Proffered Condition 13(d) and the cost of right-of-way acquisition and easements necessary for such improvements, all as determined by the Transportation Department, are of greater value than that which would have been collected through the payment of the transportation component of the cash proffer. After completing the improvements, the applicant, subdivider or assignee shall submit documentation of the cost in a form acceptable to the Transportation Department in order that the Transportation Department can determine the cost of improvements, which includes the cost of right-of- way and easements required by the Transportation Department. Once the sum total amount of the reduced cash proffer payments for the transportation component of the cash proffer exceeds the cost of improvements as set forth and defined above, thereafter the applicant, subdivider, or assignee shall commence paying the transportation component of the cash proffer in addition to the amount payable for schools, parks, libraries and fire stations as specified above. Provided further, if the improvements identified above exceed the total transportation component of the cash proffers for all dwellings, the County has no obligation to reimburse the applicant, successor, or assigns for the difference between the two. In the event the above cash payments are not used for the purpose for which proffered within fifteen (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 03-53 01/22/03 11. 12. 13. 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) In conjunction with recordation of the initial subdivision plat, the following rights-of-way on the property shall be dedicated, free and unrestricted, to Chesterfield County. A ninety (90) foot wide right-of-way for an east/west major arterial ("the East/West arterial") from the eastern property line to the western property lined. bo A ninety (90) foot wide right-of-way for a north/south major arterial ("the North/South arterial") from the northern property line to the East/West arterial. The exact location of these rights-of-way shall be approved by the Transportation Department. (T) Prior to any tentative subdivision approval, an access plan for the East/West arterial and the North/South arterial shall be submitted to and approved by the Transportation Department. Access for this development shall conform to the approved access plan. (T) To provide an adequate roadway system, the Developer shall be responsible for the following improvements. If any of these road improvements are provided by others the specific required improvement shall be deemed satisfied. Construction of two (2) lanes of the East/West arterial to VDOT urban minor arterial standards (50 MPH) with modifications approved by the Transportation Department, from the eastern property line to the western property line. bo Construction of two (2) lanes of the North/South arterial to VDOT urban minor arterial standards (50 MPH) with modifications approved by the Transportation Department, from the northern property line to the East/West Arterial. Construction of left and right turn lanes along the East/West Arterial and the North/South Arterial at each approved access, including at the East/West Arterial and the North/South Arterial intersection, if warranted, based on Transportation Department standards. do Widening of the travel lanes of 01d Hundred Road from the southern property line of the adjacent parcel to the north (GPIN 7136998856) to the Otterdale Road intersection to a total travel way of twenty (20) feet with an additional one (1) foot wide paved shoulder on each side plus seven (7) foot wide shoulders, with modifications approved by the Transportation Department. If approved by the Transportation Department, alternate road 03-5,~ 01/22/03 improvements, such as the construction of the east/west major arterial extending east from Old Hundred Road, across from the adjacent parcel to the north (GPIN 7136998856), to Otterdale Road/Route 288 as shown on the Thoroughfare Plan, may be substituted for the improvements identified in this Proffered Condition (Proffered Condition 13 (d)). so Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified and phased as outlined herein. In the event the Developer is unable to acquire the right-of-way necessary for the road improvements as described in Proffered Condition 13(d), the Developer may request, in writing, the County to 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 only provide the road improvement that can be accommodated within available right-of-way as determined by the Transportation Department. (T) 14. The phasing of these improvements shall be as outlined below unless otherwise requested by the Developer and approved by the Transportation Department. Prior to recordation of any subdivision plat, a phasing plan of the required road improvements identified in proffered condition 13 shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require that prior to recordation of the initial subdivision plat, the Developer shall: 1) prepare and have approved construction plans for the road improvements outlined in proffered condition 13(d) and 2) submit a letter of credit or other surety acceptable to the County for the cost to construct the road improvements outlined in proffered condition 13(d) including the cost to acquire all necessary right-of-way for said improvements. The approved phasing plan shall also require the road improvements outlined in proffered condition 13(d) to be completed prior to the recordation of more than a cumulative total of seventy-five (75) lots or one (1) year from the date of recordation of the initial subdivision plat, whichever occurs first. (T) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0154 In Bermuda Magisterial District, CHESTERFIELD COUNTY UTILITIES DEPARTMENT requests Conditional Use and amendment of zoning district map to permit a public utility (water storage tank and pump station) and Conditional Use Planned Development to permit a communications tower and exceptions to Ordinance requirements in a Residential (R-7) District. The density of such amendment will be controlled by zoning 03-55 01/22/03 conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 4.8 acres fronting approximately 300 feet on the east line of Jefferson Davis Highway, also fronting approximately 300 feet on the north line of Happy Hill Road and located in the northeast quadrant of the intersection of these roads. Tax ID 800-637-5330 (Sheet 34). Mr. Jacobson presented a summary of Case 03SN0154 and stated that the Planning Commission and staff recommended approval subject to conditions. He noted that the request conforms to the Public Facilities Plan. Mr. John Harmon, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 03SN0154 subject to the following conditions: CONDITIONS FOR WATER STORAGE TANK, PUMP STATION AND COMMUNICATIONS TOWER Within sixty (60) days from the approval of this re~aest by the Board of Supervisors, sixty (60) feet of right- of-way on the east side of Route 1/301, measured from the centerline of that part of Route 1/301 ir~tediately adjacent to the property, shall be recorded. (T) o No direct access shall be provided from the property to Route 1/301. (T) Development shall conform to the requirements of the Zoning Ordinance for Light Industrial (I-l) Districts in Emerging Growth Areas. (P) (NOTE: This condition would not require the tower or tower- mounted equipment to be screened.) CONDITIONS FOR COMMUNICATIONS TOWER ONLY The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. 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 any 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) 03-56 01/22/03 o The owner/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 and design for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. The tower shall not be lighted. The tower shall be a monopole structure. (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) 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 fifty (50) exception to the fifty (50) foot height limitation shall be granted for the proposed 100 foot communications tower. (P) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0156 In Matoaca Magisterial District, CAMERON BAY LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) of 3.8 acres and amendment of proffered condition (Case 89SN0340) relative to number of lots permitted on 84.0 acres zoned 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 single family residential use of 2.2 units per acre. This request lies on 87.8 acres fronting approximately 900 feet on the west line of Bailey Bridge Road approximately 500 feet north of Quailwood Road, also fronting approximately 400 feet on the north line of Quailwood Road approximately 1,150 feet 03-57 01/22/03 west of Bailey BridHe Road. Tax IDs 735-673-5748; 736-673- 2875, 4758, 5513, 6055, 6671, 6831, 7008, 7178, 7241, 7683, 7810, 8030, 8388, 8462, 8608, 8992, 9358 and 9375; 736-674- 7028, 7237, 7245, 7252, 7362, 7719, 8213, 8908, 9202, 9334, 9343 and 9628; 737-673-0072, 0157, 0386, 0871, 0934, 0955, 1284, 1571, 1754, 1983, 2271, 2455, 2884, 2971, 3155, 3676, 3690, 3854, 4579, 4855, 5272 and 5562; 737-674-0122, 0515, 0708, 1102, 1810, 2506 and 3102 (Sheet 16). Mr. Jacobson presented a summary of Case 03SN0156 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Ms. Kristen Keatley, representing the applicant, stated that the recommendation is acceptable. Mr. Brent Lougee, a resident of Quailwood Road, expressed concerns relative to reduced density and stressed the importance of the proffered conditions and restrictive covenants on the original tract. He stated that he is not opposed to development of the additional parcel, but is concerned with changing the number of homes allowed per acre. He expressed concerns relative to setting a precedent regarding density for future development in the area, as well as increased traffic in the area as future development occurs. When asked, Mr. Jacobson stated that the existing Cameron Bay development is already zoned R-9 and the proffered conditions on the property are not being affected by the proposed zoning. He further stated that the conditions of zoning, together with the rezoning, would allow the developer to add eight additional lots and the overall density of development would be less than the 2.2 units per acre as suggested by the Upper Swift Creek Plan. He stated that there is currently a maximum of 175 lots on the existing development, and the additional parcel would add a total of only eight more lots. Mrs. Humphrey explained to Mr. Lougee that excess acreage on the existing property will provide the additional acreage necessary to develop the 3.74 acre tract and provide eight additional lots with a density of 2.08 units per acre. Ms. Keatley clarified that the applicant will not exceed a total of 183 lots on the entire acreage, inclusive of the additional 3.74 acre parcel. There being no one else to speak to the request, the public hearing was closed. After brief discussion, Mrs. Humphrey made a motion, seconded by Mr. Miller, for the Board to approve Case 03SN0156 and accept the following proffered conditions: The followinH proffers shall apply to that portion of the property being rezoned to R-12: 1. Public water and wastewater shall be used. (U) Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timberinH on the Property until a land disturbance permit has been 03-58 01/22/03 obtained from the Environmental Engineering Department and the approved devices installed. (EE) o No direct access from the property to Bailey Bridge Road shall be permitted. (T) o In conjunction with the recordation of the initial subdivision plat, forty-five (45) feet of right of way on the west side of Bailey Bridge Road, measured from the centerline of that part of Bailey Bridge Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) o To provide an adequate roadway system at the time of complete development, the owner/developer shall be responsible for the following: Se Relocation of the ditch to provide an adequate shoulder along the west side of Bailey Bridge Road for the entire property frontage; bo Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) o Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 5, shall be submitted to and approved by the Transportation Department. (T) The following shall apply to proposed R-12 properties: the existing R-9 and the The applicant, sub divider, or assignee(s) shall pay, for infrastructure improvements within the service district for the property, to the county of Chesterfield for each building lot within or bisected by the boundaries of Tax ID~ 737-673-0934 and for each lot developed on the currently zoned R-9 property in excess of 175 lots. Payments will be made prior to the issuance of building permit and shall be as follows: C o $9,000.00 per dwelling unit, if paid prior to July 1, 2003; or The amount approved by the Board of Supervisors not to exceed $9,000.00 per dwelling unit adjusted upward 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 June 30, 2003. 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. Provided however, a cash proffer payment will not be paid for the existing home located on Tax ID 737-673-0934. (B&M) o The maximum density of this development shall not exceed 183 lots, and the developer shall be responsible for the reconstruction of a section of North Bailey Bridge Road 03-59 01/22/03 between Bailey Bridge Road and Route 360 or a section of Bailey Bridge between the subject property and North Bailey Bridge. The exact location of the section shall be determined and approved by the Transportation Department. The reconstruction shall be to VDOT Urban Minor Arterial Standards with modifications as approved by the Transportation Department. The developer shall not be required to make any such improvements (other than the left and right turn lanes required by proffered condition #3), beyond those that can be constructed for a cost not to exceed $262,500, as determined by the Transportation Department. This reconstruction shall be completed as determined by the Transportation Department, prior to final check plat approval of more than 60 lots unless otherwise approved by the Transportation Department. (P & T) (STAFF NOTE: THIS PROFFERED CONDITION SUPERSEDES PROFFERED CONDITION 5 OF CASE 89SN0340.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 16. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS O MS. JACQUELINE P. GOODWIN WILL ADDRESS THE BOARD REQUESTIN~ THAT THE BOARD PAY AN APPLICATION FEE TO VACATE A RIGHT OF WAY IN CHESSWOOD SUBDIVISION Ms. Jacqueline Goodwin, who lives at 9500 Great Bridge Road in Sunbury Subdivision, requested that the right of way between her property and 9418 Great Bridge Road in Chesswood Subdivision, be vacated to her and her neighbor because they have maintained it for some time. She expressed concerns relative to snakes in the area when the property becomes overgrown and the dangers of children loitering in the easement, and stated that she and her neighbor cannot afford to pay the application fee to have the right of way vacated. Mr. Harmon came forward and stated that the application fee is $475.00, and the county is prepared to grant Ms. Goodwin's request upon the application fee being paid. Mr. Miller expressed concerns that there are numerous cases just like this one throughout the county, and it is difficult to pay the application fee for one without doing so for others. He requested that the County Administrator review the circumstances and provide the Board with a recommendation. Mrs. Humphrey inquired about the cost to the county for maintaining the property. Ms. Goodwin thanked the Board for their consideration of her request. 03-60 01/22/03 17. PUBLIC HEARINGS O TO CONSIDER A ZONING ORDINANCE AMENDMENT RELATIVE TO MOTOR VEHICLE SALES, SERVICE AND REPAIR IN C-3 ZONING DISTRICTS Mr. William Poole, Assistant Director of Planning, stated that this date and time has been advertised for a public hearing to consider a zoning ordinance amendment relative to motor vehicle sales, service and repair in C-3 zoning districts. He further stated that the amendment would effect three changes in the way the county regulates the sale of automobiles - 1) allow major engine and transmission repair in C-3 districts with certain restrictions required in the zoning ordinance; 2) prohibit the sale of heavy commercial vehicles or construction equipment in C-3 districts; and 3) require a conditional use permit for the sale of motor vehicles in C-3 zoning districts if the property was within a designated village district. He stated that the Planning Commission recommended adoption of the amendment with two minor changes. When asked, Mr. Poole stated that automobile sales are permitted in C-3 districts with restrictions, and in C-5 districts with no restrictions. He further stated that major engine and transmission repair is not currently allowed in C- 3 districts, but is permitted in C-5 districts with no restrictions. He stated that, if the ordinance amendment is adopted, major engine and transmission repair would be allowed in C-3 districts with restrictions. He further stated that adoption of the proposed ordinance would prohibit the sale of motor vehicles within village districts, unless an application for a conditional use was approved by the Board. Mr. Warren called for the public hearing. Mr. John Morris, representing Mr. Lee Bassett, read a statement from Mr. Bassett indicating that current C-3 zoning allows motor vehicle sales by right, and he has a contract to sell his C-3 zoned property for use as an automobile dealership; expressing concerns that the proposed amendment would exclude automobile dealerships within village areas, indicating that he feels it singles out the development on his property and is unfair; and urging the Board not to adopt the proposed ordinance amendment. He stated that he disagrees with Mr. Poole and feels Mr. Bassett's property is currently zoned for automobile dealerships as a matter of right. He, too, encouraged the Board not to adopt the amendment. No one else came forward to speak to the ordinance amendment. Mr. Barber stated that historically, in C-3 districts, applications for conditional use planned developments have been made for car dealerships with major transmission/engine repair. He further stated that staff and the Planning Commission have recommended that transmission/engine repair be allowed by right which actually takes away from the Board's discretion as to where an automobile dealership can be sited. He stated that, after withdrawing an application on another site, Carmax has now chosen Mr. Bassett's property which is more directly located in the Village of Midlothian, and expressed concerns relative to what is appropriate in a 03-61 01/22/03 village overlay district, indicating that a village overlay district does not anticipate nor would it embrace a large car dealership. He further stated that, when the proposed amendment first came forward, he determined that it would be advantageous for the Board to have the ability to scrutinize this type of use through the conditional use process, and indicated that he would not want this type of business in a village district. He stated that most of the villages are comprised of C-3 zoning, and requested the Board's support of the proposed amendment. He referenced the conversion of zoning from B-2 to C-3, stating that staff has determined that Mr. Bassett's property was converted from B-2 to C-3; therefore, an automobile dealership would not be allowed by right on the property, but only through a conditional use. He further stated that the amendment would not impact Mr. Bassett's property since a conditional use is already required, but would provide the Board with the ability to scrutinize the placement of automobile dealerships with engine/transmission repair in other village districts, expanded village districts and future village districts. Mr. Miller expressed concerns relative to limiting the proposed amendment to village districts only, stating that he feels it might be advantageous to require a conditional use for automobile dealerships within all C-3 and C-5 districts. Mr. Poole noted that the Planning Commission is currently reviewing uses permitted in certain commercial districts for possible amendments. When asked, Mr. Poole stated that Mr. Bassett would have to amend his conditional use planned development before motor vehicle sales would be allowed on his property. Mr. Warren stated that he would like to review his district more closely relative to the location of C-3 and C-5 zoning, and prefers to defer the issue until he has had the opportunity to do so. Mr. Miller made a motion, seconded by Mr. McHale, for the Board to continue the public hearing to consider the zoning ordinance amendment relative to motor vehicle sales, service and repair in C-3 zoning districts until May 28, 2003. Mr. Barber requested that a letter be sent to Mr. Bassett, with a copy to Carmax, explaining staff's interpretation of the allowable uses on Mr. Bassett's property. Mr. Micas reminded the Board that if they choose to consider further amending the ordinance to include requiring a conditional use for automobile dealerships in C-3 and C-5 districts in addition to village areas, it will be necessary to remand the ordinance amendment to the Planning Commission. Mr. Warren called for a vote on the motion of Mr. Miller, seconded by Mr. McHale, for the Board to continue the public hearing to consider the zoning ordinance amendment relative to motor vehicle sales, service and repair in C-3 zoning districts until May 28, 2003. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-62 01/22/03 18. REMAINING MOBIL~ HOME PERMITS AND ZONING REOUESTS There were no remaining mobile home permits or requests at this time. zonings 19. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned at 8:28 p.m. until February 12, 2003 at 3:30 p.m. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Lane B. Ramsey .~ County Administrator Arthur S. ~arren Chairman 03-63 01/22/03