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05-28-2003 MinutesBOARD OF SUPERVISORS MINUTES May 28, 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 Staff in Attendances Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms. Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Ms Rebecca Dickson, Dir., Budget and Management Mr James Dunn, Dir., Economic Development Mr William Dupler, Building Official Mr Robert Eanes, Asst. to the County Administrator Ms Lisa Elko, CMC 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. Russell Harris, Mgr. of Community Development Services Mr Joseph Horbal, Commissioner of Revenue Mr Thomas E. Jacobson, Dir., Planning Mr H. Edward James, Dir., Purchasing Mr Donald Kappel, Dir., Public Affairs Ms Mary Lou Lyle, Dir., Accounting Ms Mary Martin, Asst. Dir., Human Resource Management Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney 03-365 05/28/03 Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Aclmin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Warren called the regularly scheduled meeting to order at 4:06 p.m. 1. APPROVAL OF MINUTES FOR APRIL 23, 2003 AND MAY 15, 2003 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the minutes of April 23, 2003, as submitted. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of May 15, 2003, as submitted. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey provided details of the death of Police Officer Ryan Cappelletty from injuries sustained in the line of duty today. He extended deepest sympathy to Officer Cappelletty's family and also commended members of the Fire and EMS Department who attempted to save Officer Cappelletty's life. Reverend Steve Vaughan, Pastor of Second Branch Baptist Church and former Chaplain of the Chesterfield Police Department, shared scripture and provided a special prayer for Officer Cappelletty's family. Mr. Warren, Mrs. Humphrey and Mr. Miller each expressed their grief and offered sympathy to Officer Cappelletty's family. MS. Debbie Leidheiser, Development Manager of Brandermill Woods Foundation, provided details regarding the proposed Learning in Retirement Institute, a program where senior adults can take college level courses for non-credit. She stated efforts are underway to start an institute at the Watkins Annex with assistance from the Virginia Center on Aging at Virginia Commonwealth University. She further stated she would like to meet with each Board member regarding their insight and views about the Institute and how it links to the county's plan for the future. She noted Chesterfield will be the first county in the metropolitan area to offer this type of program to its senior citizens. 03-366 05/28/03 Mrs. Humphrey suggested that Ms. Leidheiser contact Virginia State University for instructional assistance with the program. Mr. Gregory Wingfield, President of the Greater Richmond Partnership, updated the Board on activities of the partnership. He stated that, since 1994, the partnership has worked with about 247 companies to assist them into the area and the companies have invested about $6 billion into our region's economy. He further stated the Virginia Employment Commission has indicated approximately 82,000 net new jobs have come into the region since 1994. He stated Chesterfield has done very well with over $1 billion in investments and over 10,000 new jobs. He further stated there is a feasibility study underway regarding refunding of the partnership for the next five years and the report should be completed by June 11, 2003. He expressed appreciation of the Board's support of the partnership. When asked, Mr. Wingfield stated Chesterfield's assets for attracting businesses include a large population, wonderful infrastructure and tremendous manufacturing base. He further stated major areas of interest for business in the county include the Ruffin Mill area, the Meadowville Technology Center and the Midlothian Turnpike Corridor, and he feels the Route 288 corridor will provide a wonderful economic development opportunity for the county. Mr. Miller inquired about the number of development activity equivocal to the partnership investment. jobs and county's Mr. Ramsey stated he will provide that information to the Board. Mr. Barber noted that the planning being done today and over the past years affects the future of the region. He stressed the importance of good planning of the Route 288 corridor. Mr. McHale stated the two enterprise zones approved by the Board are encouraging the location of new businesses in the county. 3. BOARD CO~ITTEE R~PORTS 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 Mrs. Humphrey, seconded by Mr. Miller, the Board added Item 8.C.l.i., Adoption of Resolution Requesting that Virginia Department of Transportation Approve Industrial Access Funds for Ashton Park Business Center Phase 3 Industrial Project and Transfer of Funds for the Project; added Item 8.C.10.f., Award of Construction Contract to Richard L. Crowder Construction, Incorporated for Mid-Lothian Mines Park, Phase I; and adopted the Agenda, as amended. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-367 05/28/03 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING THE COMMUNITY WEEKLY FOR THEIR CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING THEM THE CHESTERFIELD COUNTY SMALL BUSINESS OF THE YEAR FOR 2003 Mr. Dunn introduced Mr. Wayne Nystrom, Mr. Rob Kent, Ms. Laurie Kent, Ms. Shirley Jones and Mr. Mike Mueller who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, The Community Weekly, located at 8132 Forest Hill Avenue, is a private publication distributed to 166,000 homes every week, and provides over $500,000 a year of media space at no cost to organizations which serve the community; and WHEREAS, The Community Weekly has sustained double-digit growth and financial success, growing from a traditional start-up business 15 years ago to currently employing 23 full-time employees; and WHEREAS, Chesterfield Choice, published by The Community Weekly at no cost to the county or its taxpayers, is utilized by more than 80 percent of county residents to obtain information about county government; and WHEREAS, The Community Weekly partners with Chesterfield County to keep citizens informed about programs, services, and legislation that affect county taxpayers and, as a result of this partnership, Chesterfield County received numerous communication awards at the 2002 Awards of Excellence from the National Association of County Information Officers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28th day of May 2003, publicly recognizes The Community Weekly and expresses its appreciation, on behalf of the county, for its many contributions by recognizing it as the 2003 Small Business recipient of the Chesterfield County Business Appreciation and Recognition Award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to The Community Weekly 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. Mr. Warren presented the executed resolution and an engraved silver plate to Mr. Nystrom, commended The Community Weekly for their many contributions to the county, and congratulated them for being the 2003 Small Business recipient of the Chesterfield County Business Appreciation and Recognition Award. 03-368 05/28/03 Mr. Nystrom expressed appreciation to the Board for the recognition and also to Mr. Kappel for Community Weekly's partnership with the Public Affairs Department. 5.B. RECOGNIZING SHOOSMITH BROTHERS, INCORPORATED FOR THEIR CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING THEM THE CHESTERFIELD COUNTY MEDIUM BUSINESS OF THE YEAR FOR 2003 Mr. Dunn introduced Mr. Paul Swenson and Mr. John Snead who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the county's economy and its citizens; and WHEREAS, Shoosmith Brothers, Incorporated, located at 11800 Lewis Road in Chester, began as a road construction and paving company in 1952; and WHEREAS, Shoosmith constructed a landfill on the property in 1975 and began hauling non-hazardous waste from area businesses; and WHEREAS, celebrating its fifty-first year, the company still resides in the same location where it began; and WHEREAS, Shoosmith Brothers, Incorporated has taken aggressive steps to transform the company into a major competitor in both the construction and waste disposal industries, including separating the two divisions and forming Virginia Waste Services, Incorporated, currently employing 225 individuals, most of whom are residents of Chesterfield County; and WHEREAS, the company continues to give both time and financial support to organizations such as the YMCA, Bensley- Bermuda Volunteer Rescue Squad, Chesterfield County Fire and Police, and actively participates on the Chesterfield County Solid Waste Advisory Committee. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28tn day of May 2003, publicly recognizes Shoosmith Brothers, Incorporated and expresses appreciation, on behalf of the county, for its many contributions by recognizing it as the 2003 Medium Business recipient of the Chesterfield County Business Appreciation and Recognition Award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Shoosmith Brothers, Incorporated 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. 03-369 05/28/03 Mr. Warren presented the executed resolution and an engraved silver plate to Mr. Swenson, accompanied by Mr. Snead, commended Shoosmith Brothers, Incorporated for their many contributions to the county, and congratulated them for being the 2003 Medium Business recipient of the Chesterfield County Business Appreciation and Recognition Award. Mr. Swenson expressed appreciation to the Board for the recognition and also for the close relationship Shoosmith enjoys with the county. 5.C. RECOGNIZING CJWMEDICAL CENTER FOR THEIR CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING THEM THE CHESTERFIELD COUNTY LARGE BUSINESS OF THE YEAR FOR 2003 Mr. Dunn introduced Ms. Margaret Lewis who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, CJW Medical Center operates Johnston-Willis Hospital at 1401 Johnston-Willis Drive in Chesterfield County, a 282-bed hospital located on 70 acres alongside Midlothian Turnpike, providing services and advanced clinical expertise in oncology, neurosciences, rehabilitation, and women's services; and WHEREAS, in 2002 CJW Medical Center's Johnston-Willis Hospital, and its two HCA Chesterfield County facilities employed 1,500 people, had millions in fixed assets in Chesterfield County and spent $5 million in capital improvements; and WHEREAS, CJW Medical Center was rated in the top 100 hospitals in the nation for cardiovascular services due to its superior performance in treating patients with heart attacks and heart failure and those needing angioplasty and coronary artery bypass grafts; and WHEREAS, CJW donated over $790,000 in 2002 to several hundred nonprofit organizations devoted to improving the health and welfare of Chesterfield County and area residents. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28th day of May 2003, publicly recognizes CJW Medical Center and expresses appreciation, on behalf of the county, for its many contributions by recognizing it as the 2003 Large Business recipient of the Chesterfield County Business Appreciation and Recognition Award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to CJW Medical Center 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. 03-370 05/28/03 Mr. Warren presented the executed resolution to Ms. Lewis, accompanied by CJW Board Member Pete Stith, commended CJW Medical Center for their many contributions to the county, and congratulated them for being the 2003 Large Business recipient of the Chesterfield County Business Appreciation and Recognition Award. Mrs. Humphrey presented a silver plate to Ms. Lewis and commended the staff of CJW Medical Center for their expertise and dedication that gives the facility its excellent reputation. Ms. Lewis expressed appreciation to the Board for the recognition and also to the entire staff of CJW Medical Center who make it successful and define its contributions to Chesterfield County. 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. PLANNING STAFF'S REPORT ON CHANGING SPECIAL EXCEPTIONS TO CONDITIONAL USES Mr. Jacobson presented Planning staff's findings regarding the review of special exceptions requested by the Board on April 9, 2003. He stated that from FY00 through FY03, the Board of Zoning Appeals has considered 96 special exceptions on property zoned residential or agricultural. He further stated, in staff's opinion, two-thirds of those requests were for uses that have the potential of significantly impacting surrounding neighborhoods. He stated the largest volume of special exceptions was for businesses operated from the home. He further stated staff has benchmarked other localities, indicating that the county's listing of special exceptions is much wider than similar communities of our size. He stated staff is prepared to draft a zoning ordinance amendment that would reclassify nine categories of special exceptions to conditional uses, if the Board wishes to consider these changes. When asked, Mr. Jacobson stated that variance procedures and appeals of interpretations by the Planning Director are mandated by state law to be heard by the Board of Zoning Appeals. Mr. Miller expressed concerns that staff is recommending temporary manufactured mobile homes remain Special Exceptions. Mr. Jacobson stated requests for temporary mobile homes typically occur as a result of unusual circumstances. He further stated the Board of Zoning Appeals can consider these requests through an expedient process. 03-371 05/28/03 Discussion ensued relative to the additional workload and costs that would be incurred by Planning staff if the Board were to adopt an ordinance amendment reclassifying categories that have the potential of significantly impacting surrounding neighborhoods to conditional uses. Mrs. Humphrey stated the Board is attempting to address the issue of bypassing the public process. Mr. McHale stated the Board of Zoning Appeals' process is a public process that includes notification of adjacent property owners as well as posting of signs. Mr. Barber stated he is comfortable with the concept of decisions regarding neighborhood land use issues being made by elected representatives. Mr. Barber then made a motion for the Board to direct staff to prepare a zoning ordinance amendment to convert special exceptions with greater neighborhood impacts to conditional uses as noted in the papers of this Board and to direct the Planning Commission to hold a public hearing and submit their recommendation on the zoning ordinance amendment to the Board. Mr. Miller stated he would also like the Board to have an opportunity to consider converting the categories of temporary manufactured or mobile homes and mobile home/residence uninhabitable by fire or act of God to conditional uses. After brief discussion, Mr. Barber amended his motion to include temporary manufactured or mobile homes and mobile home/residence uninhabitable by fire or act of God to conditional uses. Mrs. Humphrey seconded Mr. Barber's amended motion. She expressed concerns that, although the special exception process includes advertisement and a public hearing, she does not feel it includes sufficient accessibility for citizen participation. Mr. Warren stated he views the Board of Zoning Appeals as a "relief valve" for issues that need to be dealt with quickly. Mr. Warren then called for a vote on the amended motion of Mr. Barber, seconded by Mrs. Humphrey, for the Board to direct staff to prepare a zoning ordinance amendment to convert special exceptions with greater neighborhood impacts to conditional uses as noted in the papers of this Board, with the inclusion of temporary manufactured or mobile homes and mobile home/residence uninhabitable by fire or act of God categories. And, further, the Board directed the Planning Commission to hold a public hearing and submit their recommendation on the zoning ordinance amendment to the Board. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-372 05/28/03 8.B. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow for simultaneous nomination/appointment of members to serve on the Towing Advisory Board and the Swift Creek Reservoir Hunting Committee. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.1. TOWING ADVISORY BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Sergeant David Deringer and Lieutenant James Herring, alternate, to serve on the Towing Advisory Board, whose terms are effective immediately and will be at the pleasure of the Board. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.B.2. SWIFT CREEK RESERVOIR HUNTING COMMITTEE Mr. Warren suggested that the name of the committee be entitled, "Swift Creek Reservoir Hunting Safety Committee." Mr. Miller expressed concerns that only one hunter is on the list of proposed members. Mrs. Humphrey suggested that the Board approve the proposed list of members now and then add additional members at its next meeting, to include landowners on the reservoir who do not reside within the communities. Mr. Barber stated many people in his district expressed an interest in the hunting issue and he feels additional constituent groups might also be interested in serving on the committee. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board created the Swift Creek Reservoir Hunting Safety Committee to review and determine appropriate signage to be posted before the start of the fall hunting season by the owners of the recreational rights on the reservoir, to review the effectiveness of such a signage program during the fall hunting season and to report its findings back to the Board after the fall hunting season concludes. And, further, the Board appointed the following members to serve on the Swift Creek Reservoir Hunting Safety Committee: Mr. Mike DeVita, Brandermill Civic Association; Ms. Terry Sheets, Woodlake Community Association; Ms. Kathy Donahue, Lake Point Civic Association; Mr. Clem Carlisle, East West Partners; Mr. Denny Quaiff, Hunters for Virginia; and Lieutenant Joe Pajic, State Department of Game and Inland Fisheries. (It is noted representatives of the County Attorney's Office and Police Department, along with the County Extension Agent, will work with the committee.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-373 8 · C · CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.1.&. RECOGNIZING MRS. FRANCES B. CURRY, DEPARTMENT OF SOCIAL SERVICES, UPON HER RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mrs. Frances B. Curry began her public service with the county as a Benefit Programs Supervisor in the Department of Social Services in January 1988, having come to the county with 14 years of experience in social services; and WHEREAS, in 1988, Mrs. Curry participated on the planning group for "one stop shopping" for social service customers; and WHEREAS, in 1988, Mrs. Curry also participated on the planning group for conversion to the then new Social Services Information System (SSIS); and WHEREAS, in 1990, Mrs. Curry began service as an Assistant Emergency Shelter Manager and served in that capacity until 2003, including the winter ice storm of 1998; and WHEREAS, in the early to mid-1990's, Mrs. Curry participated on the planning group for conversion to a new automated system for benefit programs, the Application Benefit Delivery Automation Project (ADAPT); and WHEREAS, in 1999, Mrs. Curry graduated from the Total Quality University; and WHEREAS, in 2000, Mrs. Curry developed a training packet and trained staff on Medicaid waiver services; and WHEREAS, throughout her career at the Department of Social Services Mrs. Curry has served the most vulnerable citizens of Chesterfield County and the City of Colonial Heights; and WHEREAS, Mrs. Curry has been a dedicated and loyal advocate for her staff and the citizens of Chesterfield County and the City of Colonial Heights. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Frances B. Curry, expresses the appreciation of all residents for her service to Chesterfield County, and extends its appreciation for her dedicated service to the county and its congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-374 05/28/03 8.C.l.b. RECOGNIZING THE WEEK OF MAY 11-17, 2003, AS "BUSINESS APPRECIATION WEEK" IN CHESTERFIELD COUNTY On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Chesterfield County has a thriving base of business and industry to support the local economy; and WHEREAS, these businesses are both domestically and internationally based and range in size from very small entrepreneurial companies to large companies employing more than 2,800 people; and WHEREAS, these businesses provide essential employment opportunities for the citizens of Chesterfield County; and WHEREAS, more than $83 million has been invested and 211 new jobs created by industry thus far in Fiscal Year 2003, with the total impact of county businesses being an integral part of the local economy and vital to supporting the high quality of life enjoyed by Chesterfield residents; and WHEREAS, business tax revenues are critical in offsetting the cost of county-provided services required by our rapidly growing residential sector, in addition to industry taking an active role in making the community a better place through their commitment to charitable organizations, schools, recreation and other worthwhile endeavors. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its gratitude on behalf of county residents to all businesses and industry located in Chesterfield for their contributions over many years by recognizing May 11-17, 2003, as ~Business Appreciation Week." AND, BE IT FURTHER RESOLVED, that a copy of 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. 8.C.l.c. RECOgNiZING MR. JOHN V. C0~BiLL UPON RECEIVING THE BERNARD L. SAVAGE COMMUNITY SERVICE AWARD On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Bernard L. Savage Community Service Award was established in 1996 by the Chesterfield Business Council; and WHEREAS, this award recognizes a business person who has selflessly and voluntarily made significant contributions of time and talent to the Chesterfield County community; and WHEREAS, this year's recipient of the Bernard L. Savage Award is Mr. John V. Cogbill; and 03-375 05/28/03 WHEREAS, Mr. Cogbill is an attorney and partner with the law firm of McGuire Woods; and WHEREAS, Mr. Cogbill is a graduate of the U.S. Military Academy at West Point, and a graduate of the T.C. Williams School of Law at the University of Richmond; and WHEREAS, Mr. Cogbill is one of the Richmond region's most respected real estate and land use lawyers; and WHEREAS, Mr. Cogbill also has a strong record of active public service at the local, regional and national levels; and WHEREAS, in June 2001, President George W. Bush appointed Mr. Cogbill to a six-year term on the National Capital Planning Commission, on which he currently serves as chairman; and WHEREAS, prior to that appointment, Mr. Cogbill served as a member of the Virginia Commonwealth Transportation Board, representing the 14 counties and cities that comprised the Richmond District; and WHEREAS, Mr. Cogbill is a former member of the Richmond Metropolitan Authority; past president of the Chesterfield- Colonial Heights Bar Association and past chairman of the Chesterfield Business Council; and WHEREAS, Mr. Cogbill served on the Greater Richmond Chamber of Commerce, both as a member and as a member of the board of directors; and WHEREAS, Mr. Cogbill is a member of the Urban Land Institute and past chair of the Richmond District Council of that organization; and WHEREAS, Mr. Cogbill has served Chesterfield County as a member of the county's 250th Anniversary Committee; as chairman of the county's Personnel Appeals Board and as a member of the county's Preservation Committee; and WHEREAS, his years of service to others at the local, regional and national levels have distinguished Mr. John V. Cogbill as a worthy recipient of the Bernard L. Savage Community Service Award. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the superior public service of Mr. John V. Cogbill and extends, on behalf of the citizens of Chesterfield County, its appreciation for his sustained and selfless service to others, and wishes him continued success in all his endeavors. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-376 05/28/03 8.C.l.d. AUTHORIZING ETTRICK VILLAGE TO PARTICIPATE IN T~ VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S MAIN STREET AFFILIATE PROGRAM On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Virginia Main Street Program has been established in the Virginia Department of Housing and Community Development to assist localities in developing public/private efforts to revitalize their downtown commercial areas; and WHEREAS, interested Virginia cities, towns, and counties that are exploring downtown revitalization, those that may not be eligible for designation, those that do not wish to meet Main Street requirements or those that wish to apply the Main Street ApproachTM in a non-traditional commercial setting may participate as an Affiliate; and WHEREAS, Affiliate communities will have access to all Virginia Main Street training and limited on-site assistance, as resources permit; and WHEREAS, the Ettrick Village desires to participate in the Virginia Main Street Affiliate Program. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Chesterfield County: SECTION 1. That Ettrick Village applies for selection to participate in the Virginia Main Street Affiliate Program with the specific goal of economically revitalizing the designated Main Street district within the context of historic preservation using the Main Street Approach. SECTION 2. It is recognized that downtown revitalization requires an on-going commitment, continuous attention and a full public-private partnership. The Main Street program is considered one of many economic and community development tools used by a locality. SECTION 3. The Ettrick Village understands that participation as an Affiliate Community does not guarantee selection as a Start-Up or Designated Main Street Community, and we will be eligible to receive Affiliate Community services from Virginia Main Street as long as the requirements stated in the Program Guidelines are met. SECTION 4. That the Ettrick Neighborhood and Business Foundation is designated to assist in the submission of the application. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-377 05/28/03 8.C.l.e. RECOGNIZING T~E LLOYD C. BIRD SKYHAWK BAND FOR TWENTY-FiVE YEARS OF EXCELLENCE IN MUSIC On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Lloyd C. Bird High School's musical organization is named the Lloyd C. Bird Skyhawk Band; and WHEREAS, this band performs at a wide array of school, patriotic and other functions throughout the year; and WHEREAS, the Lloyd C. Bird Skyhawk Band is a source of pride for the Bird High School community, Chesterfield County, the Richmond Metropolitan Area and the Commonwealth of Virginia; and WHEREAS, this group of talented musicians is one of the largest in Virginia; and WHEREAS, the Skyhawk Band has earned the distinct honor of being selected as a Commonwealth of Virginia Honor Band on nine occasions; and WHEREAS, the Lloyd C. Bird High Skyhawk Band is one of a select number of Virginia high school bands to have received a ~Superior" rating at both the Virginia Band and Orchestra Directors' Association Marching Band and Concert Band Festivals during the same school year; and WHEREAS, the Skyhawk Band has been rated ~Superior" for the past 13 consecutive years at the V.B.0.D.A. Concert Festival; and WHEREAS, the Skyhawk Band has traveled to Atlanta, Georgia; Myrtle Beach, South Carolina; Gatlinburg, Tennessee; Orlando, Florida and Toronto, Canada to perform during the past 13 years; and WHEREAS, the band is the only high school band in the area that releases its own full-length cassette tape and compact disc music, in the style of major university bands; and WHEREAS, the young men and women who comprise the Lloyd C. Bird Skyhawk Band bring credit to Lloyd C. Bird High School and to Chesterfield County; and WHEREAS, the Lloyd C. Bird Skyhawk Band will perform its Silver Anniversary Concert, marking 25 years of excellence in music, at the Landmark Theater in Richmond, Virginia on Friday, May 23, 2003 at 8 p.m. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the Lloyd C. Bird Skyhawk Band for its excellence in developing young musicians of outstanding talent and showmanship, congratulates the Skyhawk Band for its impressive and proud history, and extends to its current and past members the respect and appreciation of the citizens of Chesterfield County, Virginia, and best wishes for continued success. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-378 05/28/03 8.C.l.f. RECOGNIZING MS. JESSAMYN LIU FOR HER OUTSTANDING ACCOMPLISHMENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Ms. Jessamyn Liu is a 2002 graduate of the Maggie L. Walker Governor's School for Government and International Studies with a GPA of 4.705; and WHEREAS, Ms. Liu was chosen as one of 20 students from Virginia high schools as a Blanton Scholar; and WHEREAS, Ms. Liu was one of 66 students nationwide to participate in a Japanese exchange program in conjunction with Princeton University; and WHEREAS, Ms. Liu was a member of a math team that received national recognition and an outstanding rating in the 2002 Interdisciplinary Contest in Math Modeling; and WHEREAS, Ms. Liu participated in a ~We the People" debate team competition on a team that placed fourth in the nation; and WHEREAS, Ms. Liu was also a member of her school's Fed Challenge team that won the national championship, resulting in a total scholarship award of $40,000 for the Governor's School and the team members; and WHEREAS, Ms. Liu is a long-time soccer player and was a member of the track and field team at the Governor's School; and WHEREAS, Ms. Liu is an accomplished pianist who received superior ratings at the Richmond Spring Festival and the National Piano Guild auditions; and WHEREAS, Ms. Liu has been active in her community as a bible study leader for a middle school youth group and as a group leader for an inner-city vacation bible school summer program; and WHEREAS, Ms. Liu was nominated by Virginia Senator John Warner and Congressman Eric Cantor to attend the United States Military Academy at West Point; and WHEREAS, MS. Liu earned admission to that institution's rigorous military training program and will soon complete her first year; and WHEREAS, Ms. Liu's many accomplishments to date speak highly of her and reflect favorably on Chesterfield County and its schools, and her attendance at West Point adds further luster to her already glowing resume. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Ms. Jessamyn Liu, extends congratulations on her many accomplishments, and wishes her continued success at the United States Military Academy at West Point and in all her endeavors. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-379 05/28/03 8.C.l.g. RECOGNIZING MS. ERNESTINE J. MAYFIELD, DEPARTMENT OF GENERAL SERVICES, UPON HER RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Ms. Ernestine J. Mayfield will retire May 1, 2003 after providing almost twenty-two years of dedicated and faithful service to Chesterfield County; and WHEREAS, Ms. Mayfield began her service July 20, 1981 as a custodian, in the Department of General Services, Building and Grounds Division; and WHEREAS, Ms. Mayfield has seen the county facilities grow from 500,000 square feet to 1,000,000 square feet of building space; and WHEREAS, Ms. Mayfield always performed her duties and responsibilities in an excellent manner and placed the welfare and safety of citizens and fellow county employees above her own personal comfort and feelings and will be missed by her fellow co-workers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Ms. Ernestine J. Mayfield and extends appreciation for her twenty-two years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.l.h. OPPOSING THE LOCATION OF THE SEXUALLY VIOLENT PREDATORS PROGRAM AT THE SOUTHSIDE VIRGINIA TRAINING CENTER On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, On April 2, 2003, the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, signed into law HB2445/SBl149, this law amending Sections 37.1-70.1, et seq., of the 1950 Code of Virginia, as amended, such law which, among other things, places responsibility for the control, care, and treatment of certain persons with mental abnormalities or personality disorders upon the Department of Mental Health, Mental Retardation and Substance Abuse Services (the Department); and WHEREAS, this law also redefines sexually violent offenses to include forcible sexual offenses committed prior to July 1, 1981, involving sodomy, object sexual penetration and aggravated sexual battery; and WHEREAS, sexually violent predators are further defined as persons with qualifying offenses who, because of mental abnormalities or personality disorders, have difficulty controlling their predatory behavior which makes them likely to engage in sexually violent acts; and WHEREAS, the Department has confirmed that the Southside Virginia Training Center, located in Dinwiddie County, 03-380 05/28/03 Virginia, has been identified as the temporary location for the Sexually Violent Predator Program (the Proposed Facility); and WHEREAS, the location of the Proposed Facility is immediately adjacent to the western corporate boundary of the City of Petersburg; and WHEREAS, the Proposed Facility's location is within close proximity to densely populated residential neighborhoods in both Dinwiddie County and the City of Petersburg; and WHEREAS, the buildings at the location of the Proposed Facilities were not constructed for the purpose of housing, in a secure manner, those individuals who will be placed in the custody of the Department under the Sexually Violent Predator Program; and WHEREAS, those individuals who are presently residents of the Southside Virginia Training Center and the neighboring Central State Hospital, because of their particular disabilities, will be especially vulnerable to attacks from sexually violent predators housed at the Proposed Facility; and WHEREAS, while the decision by the Department to locate the Proposed Facility at the Southside Virginia Training Center may have been an expedient response to the new legislation, it has failed to recognize the inappropriateness of such a location, especially considering the substantial negative impact the location will have on an area of the Commonwealth already overburdened with the presence of similar governmental facilities and the resulting requirements to provide related services by the jurisdictions proximate to such facilities. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Chesterfield County, that, for the reasons stated above, it hereby documents its strong objection to the location by the Department of Mental Health, Mental Retardation and Substance Abuse Services of the Sexually Violent Predator Program at the Southside Virginia Training Center, Dinwiddie County, Virginia. BE IT FURTHER RESOLVED that the Clerk to the Board of Supervisors is hereby directed to forward a true and certain copy of this Resolution to the Governor of the Commonwealth, to the County's delegation to the General Assembly of Virginia, and to the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services. BE IT FURTHER RESOLVED that the County Administrator, the County Attorney and other appropriate administrative staff are hereby directed to take such additional action as will support the Board's position on this matter. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.l.i. ADOPTION OF RESOLUTION REQUESTING THAT VIRGINIA DEPARTMENT OF TRANSPORTATION APPROVE INDUSTRIAL ACCESS FUNDS FOR ASHTON PARK BUSINESS CENTER PHASE 3 INDUSTRIAL PROJECT AND TRANSFER OF FUNDS FOR THE PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: 03-381 05/28/03 WHEREAS, Goodrich River Tract Trust and Devon USA LLC ("the developers") plan to construct a new industrial park off of Ashton Park Drive; and WHEREAS, the property on which the park will be located requires the extension of Ashton Park Drive in order to have adequate access; and WHEREAS, the developers expect to have qualifying industries, satisfying V/DOT's capital investment requirement, constructed in the park within five (5) years of the Commonwealth Transportation Board's allocation of funds for the construction of an access road to the property; and WHEREAS, Chesterfield County hereby guarantees that the necessary right-of-way and utility adjustments for the new access road will be provided at no cost to the Virginia Department of Transportation (VDOT); WHEREAS, Chesterfield County acknowledges that the State Environmental Review Process (SERP) must be completed prior to any construction activity on this project as a condition of the use of the Industrial, Airport and Rail Access Fund. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby requests the Commonwealth Transportation Board to provide industrial access funding to construct an adequate road to the industrial park. BE IT FURTHER RESOLVED, that the Chesterfield Board of Supervisors hereby agrees to provide a surety acceptable to VDOT, to guarantee sufficient qualifying capital investment will occur within five (5) years of the Commonwealth Transportation Board's allocation of industrial access funds for the access road. BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the Secondary System of Highways. And, further, the Board transferred $25,000 from the Industrial Access Account to the project for the Capital Investment Surety cost; authorized the County Administrator to enter into the necessary county/VDOT/developer construction agreements/contracts, permits, and surety agreements, acceptable to the County Attorney, in order to have the access road constructed; authorized staff to advertise a road construction contract for the access road and award a contract for Ashton Park Business Center Phase 3 Industrial Access Road to the lowest responsible bidder up to $450,000; and accepted the right-of-way for the access road and authorized the County Administrator to sign the deed. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.2. SET DATE FOR PUBLIC HEARINGS 8.C.2.&. TO CONSIDER THE TAX EXEMPTION REQUEST OF FIRST TEE CHESTERFIELD On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 18, 2003 at 7:00 p.m. for a public hearing to consider the tax exemption request of First Tee Chesterfield. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-382 05/28/03 8.C.2.b. TO CONSIDER A LEASE AGREEMENT WITH A. T. MASSEY COAL COMPANY, INCORPORATED On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 18, 2003 at 7:00 p.m. for a public hearing to consider a lease agreement with A. T. Massey Coal Company, Incorporated for a hangar with office space located at the Chesterfield County Airport. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8 .C.2 .C · TO CONSIDER ORDINANCE AMENDMENTS TO EXPAND BACKGROUND CHECKS TO ALL NEW EMPLOYEES AND EMPLOYEES WHO ARE PROMOTED OR TRANSFERRED On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 18, 2003 at 7:00 p.m. for a public hearing to consider amendments to Section 2-79 of the County Code to expand background checks to all new county employees and employees who are promoted or transferred. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.2 .d. TO CONSIDER REVISIONS TO THE ZONING ORDINANCE RELATIVE TO LANDSCAPING On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 18, 2003 at 7:00 p.m. for a public hearing to consider Zoning Ordinance revisions relative to landscaping. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.2.e. TO AMEND THE SUBDIVISION ORDINANCE RELATIVE TO LOTS AND PARCELS CREATED IN VIOLATION OF THE SUBDIVISION ORDINANCE On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 18, 2003 at 7:00 p.m. for a public hearing to consider amendments to Sections 17-2, 17-6 and 17- 12 of the Subdivision Ordinance relative to lots and parcels created in violation of the Subdivision Ordinance. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.3. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT THE CHESTERFIELD COUNTY FAIRGROUNDS ON JULY 4, 2003 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from the Parks and Recreation Department for a permit to stage a fireworks display at the Chesterfield County Fairgrounds on July 4, 2003. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-383 05/28/03 8. C · 4. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets 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 S~stem of State Hlehwavs: Addition Basle for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Club Crest Sec. 3 @ Rivers Bend · Club Ridge Drive, State Route Number: 4752 From: .02 Mi. N of Club Ridge Ct., (Rt. 4753) To: Club Ridge Tr., (Rt. 5524), a distance of: 0.03 miles. Right-of-way record was filed on 11/21/2000 with the Office Of Clerk To Circuit Court in Pb.114; Pg. 30, with a width of Variable · Club Ridge Drive, State Route Number: 4752 From: Club Ridge Tr., (Rt. 5524) To: Cul-de-sac, a distance of: 0.23 miles. Right-of-way record was filed on 11/21/2000 with the Office Of Clerk To Cimuit Court in Pb. 114; Pg. 30, with a width of 40 Ft. · Club Ridge Terrace, State Route Number: 5524 From: Club Ridge Dr., (Rt. 4752) To: Cul-de-sac, a distance of: 0.19 miles. Right-of-way record was filed on 11/21/2000 with the Office Of Clerk To Circuit Court in Pb.114; Pg. 30, with a width of 40 Ft. 03-384 05/28/03 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. Twe Chanoe to the Secondary SYstem of State Highways: Ad;lltl~n Basis for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §33.1-229 Jessup Farms, Sec. F Calavetti Court, State Route Number: 5548 Calavetti Dr., (Rt. 5439) Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 5/1/2002 with the Office Of Clerk To Circuit Court in Pb 125; Pg 76, with a width of 40 Ft. · Calavettl Drive, State Route Number: 5439 From: 0.03 W of Hackney Rd., (Rt. 2326) To: Calavetti Ct., (Rt. 5548), a distance of: 0.07 miles. Right-of-way record was filed on 5/1/2002 with the Office Of Clerk To Circuit Court in Pb 125; Pg 76, with a width of 50 Ft. · Calavettl Drive, State Route Number: 5439 From: Calavetti Ct., (Rt. 5548) To: Calavetti Lp., (Rt. 5547), a distance of: 0.04 miles. Right-of-way record was filed on 5/1/2002 with the Office Of Clerk To Circuit Court in Pb 125; Pg 76, with a width of 50 Ft. · From: To: Calavettl Drive, State Route Number: 5489 Calavetti Lp., (Rt. 5547) Calavetti Lp., (Rt. 5547), a distance of: 0.03 miles. 03-385 05/28/03 Right-of-way record was filed on 5/1/2002 with the Office Of Clerk To Circuit Court in Pb 125; Pg 76, with a width of 50 Ft. · Calavettl Drive, State Route Number: 5439 From: Calavetti Lp., (Rt. 5547) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 5/1/2002 with the Office Of Clerk To Circuit Court in Pb 125; Pg 78, with a width of 50 Ft. · Calavettl Loop, State Route Number: 5547 From: Calavetti Dr., (Rt. 5439) To: Calavetti Dr. (Rt. 5439), a distance of: 0.05 miles. Right-of-way record was filed on 5/1/2002 with the Office Of Clerk To Circuit Court in Pb 125; Pg 76, with a width 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 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: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Addition Brandy Oaks, Sec. 6 Brandy Oaks Boulevard, State Route Number: 5369 0.78 Mi. N of Beach Rd., (Rt. 655) Brandy Oaks Rd., (Rt. 4322), a distance of: 0.20 miles. Right-of-way record was filed on 6/2/1994 with the Office Of Clerk To Circuit Court in Db. 2539; Pg. 253, with a width of 70 Ft. 03-386 05/28/03 · From: To: Brandy Oaks Boulevard, State Route Number: 5369 Brandy Oaks Rd., (Rt. 4322) Mountcastle Rd., (Rt. 5368), a distance of: 0.20 miles. Right-of-way record was filed on 6/2/1994 with the Office Of Clerk To Cimuit Court in Db. 2539; Pg. 253, with a width of 70 Ft. · Brandy Oaks Boulevard, State Route Number: 5369 From: Mountcastle Rd., (Rt. 5368) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 6/2/1994 with the Office Of Clerk To Circuit Court in Db. 2539; Pg. 253, with a width of 70 Ft. · Brandy Oaks Road, State Route Number: 4322 From: Brandy Oaks BI., (Rt. 5369) To: 0.46 Mi. W of Brandy Oaks BI., (Rt.5369), a distance of: 0.46 miles. Right-of-way record was filed on 11/29/2000 with the Office Of Clerk To Cimuit Court in Pb.114; Pg. 51, with a width of 50 Ft. · Mountcastle Place, State Route Number: 5546 From: Mountcastle Rd., (Rt. 5368) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 11/29/2000 with the Office Of Clerk To Circuit Court in Pb.114; Pg. 51, with a width of 50 Ft. · Mountcastle Road, State Route Number: 5368 From: Brandy Oaks BI., (Rt. 5369) To: Mountcastle Pi., (Rt. 5546), a distance of: 0.19 miles. Right-of-way record was filed on 11/29/2000 with the Office Of Clerk To Circuit Court in Pb.114; Pg. 51, with a width of 50 Ft. · Mountcastle Road, State Route Number: 5368 From: Mountcastle PI., (Rt. 5546) To: .10 Mi. W of Mountcastle Pl., (Rt. 5546), a distance of: 0.10 miles. Right-of-way record was filed on 11/29/2000 with the Office Of Clerk To Circuit Court in Pb. 114; Pg. 51, with a width of 50 Ft. And, further, the Board adopted the following WHEREAS, the streets described below are shown recorded in the Clerk's Office of the Circuit 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. resolution: on plats Court of the Virginia this Board the the Subdivision Department of 03-387 05/28/03 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. Twe Change to the Secondary System of State Highways. Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Wedgewood, Section 4 · Abingdon Road, State Route Number: 1438 From: 0.03 Mi. $ of Abingdon Ct., (Rt. 2732) To: Jimmy Ridge Dr., (Rt. 5532), a distance of: 0.04 miles. Right-of-way record was filed on 11/1/2000 with the Office Of Clerk To Circuit Court in Pb 113; Pg. 90, with a width of 50 Ft. · Jimmy Ridge Drive, State Route Number: 5532 From: Abingdon Rd., (Rt. 1438) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 11/1/2000 with the Office Of Clerk To Circuit Court in Pb 113; Pg. 90, with a width of 40 Ft. · Jimmy Ridge Drive, State Route Number: 5532 From: Abingdon Rd., (Rt. 1438) To: Lady Sarah Ct., (Rt. 5533), a distance of: 0.09 miles. Right-of-way record was filed on 11/1/2000 with the Office Of Clerk To Circuit Court in Pb 113; Pg. 90, with a width of 40 Ft. · Jimmy Ridge Drive, State Route Number: 5532 From: Lady Sarah Ct., (Rt. 5533) To: .06 Mi. E of Lady Sarah Ct., (Rt. 5533), a distance of: 0.06 miles. Right-of-way record was filed on 11/1/2000 with the Office Of Clerk To Circuit Court in Pb 113; Pg. 90, with a width of 40 Ft. · Jimmy Ridge Drive, State Route Number: 5532 From: .06 Mi. E of Lady Sarah Ct., (Rt. 5533) To: Lady Sarah Ct., (Rt. 5533), a distance of: 0.09 miles. Right-of-way record was flied on 11/1/2000 with the Office Of Clerk To Circuit Court in Pb 113; Pg. 90, with a width of 40 Ft. 03-388 05/28/03 · From: To: Lady Sarah Court, State Route Number: 5533 Jimmy Ridge Dr., (Rt. 5532) Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 11/1/2000 with the Office Of Clerk To Circuit Court in Pb 113; Pg. 90, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chanae tq the S~[~ondar¥ System 9f State Highways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Coalbrook at the Grove, Sec. 2 Coalbrook Drive, State Route Number: 5529 From: Grove Hill Rd., (Rt. 5471) To: Grove Pond Dr., (Rt. 5527), a distance of: 0.06 miles. Right-of-way record was flied on 10/23/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg 40, with a width of 44 Ft. Coalbrook Drive, State Route Numbe~: 5529 From: Grove Pond Dr., (Rt. 5527) To: Heth Dr., (Rt. 5530), a distance of: 0.09 miles. Right-of-way record was filed on 10/23/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg 40, with a width of 44 Ft. Coalbrook Drive, Stats Route Number: 5529 From: Heth Dr., (Rt. 5530) To: .03 Mi. N of Heth Dr., (Rt. 5530), a distance of: 0.03 miles. 03-389 05/28/03 Right-of-way record was filed on 10/23/2001 with the Office Of Clerk To Circuit Court in Pb. 121; Pg 40, with a width of 44 Ft. · Grove Pond Drive, State Route Number: 5527 From: Coalbrook Dr., (Rt. 5529) To: .08 Mi. E of Coalbrook Dr., (Rt 5529), a distance of: 0.08 miles. Right-of-way record was filed on 10/23/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg 40, with a width of 40 Ft. · Heth Drive, State Route Number: 5530 From: Coalbrook Dr., (Rt. 5529) To: Heth PI., (Rt. 5531), a distance of: 0.07 miles. Right-of-way record was filed on 10/23/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg 40, with a width of 40 Ft. · Heth Drive, State Route Number: 5530 From: Heth PI., (Rt. 5531) To: Heth PI., (Rt. 5531), a distance of: 0.02 miles. Right-of-way record was filed on 10/23/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg 40, with a width of 40 Ft. · Heth Drive, State Route Number: 5530 From: Heth PI., (Rt. 5531) To: 0.04 Mi. W of Heth PI., (Rt. 5531), a distance of: 0.04 miles. Right-of-way record was filed on 10/23/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg 40, with a width of 40 Ft. · Heth Place, State Route Number: 5531 From: Heth Dr., (Rt. 5530) To: Heth Dr., (Rt. 5530), a distance of: 0.05 miles. Right-of-way record was filed on 10/23/2001 with the Office Of Clerk To Circuit Court in Pb.121; Pg 40, with a width of 130Ft. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.5. 8.C.5.a. APPROVAL OF CHANGE ORDERS TO THE DESIGN CONTRACT WITH MOSELEY ARCHITECT INCORPORATED FOR THE JAIL REPLACEMENT PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a change order to the design contract with Moseley Architects in the amount of $151,418 for the addition of commissioning of all the major systems in the new replacement jail. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-390 05/28/03 8.C.5.b. TO THE CONSTRUCTION CONTRACT WITH HALEY BUILDERS CONSTRUCTION COMPANY FOR THE AIRPORT TERMINAL ADDITION/RENOVATION PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute change order numbers 7 and 8 with Haley Builders Construction Company in the amount of $58,214; appropriated $36,505 in anticipated state grant reimbursement; and transferred $40,741 from County Capital Projects to the Airport Terminal Capital Project. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.6. AWARD OF UTILITY CONTRACTS 8.C.6.&. FOR CHESTER VILLAGE GREEN SECTIONS i AND 2 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following utility contract for Chester Village Green Sections 1 and 2, Contract Number 98-0312, which includes the extension of 2,197 L.F. + of 16-inch oversized water lines and 560 L.F. + of additional work: Developer: Chester Village, LLC Contractor: Castle Equipment Corporation Contract Amount: Estimated County Cost for Additional Work ....... Estimated County Cost for Oversizing .......... Estimated Developer Cost .... Estimated Total ........ Code: (Refunds thru Connections - Oversizing) Code: (Cash Refunds - Additional Work) $48,766.00 $49,727.00 $227,795.33 $326,288.33 5B-572VO-E4C 5B-572WO-E4C District: Bermdua (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. 8.C.6.b. FOR MEADOWBROOK FARMS SECTION I On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following utility contract for Meadowbrook Farms Section I, Contract Number 02-0251, which includes 1,200 L.F. + of 12-inch oversized water lines: Developer: Rowe Associates Ltd. Contractor: Excalibur Construction Corporation Contract Amount: Estimated County Cost for Oversizing .......... $10,775.00 Estimated Developer Cost .... $158,801.00 Estimated Total ......... $169,576.00 Code: (Refunds thru Connections - Oversizing) 5B-572VO-E4C District: Dale 03-391 05/28/03 (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. 8 .C.7. RENEWAL OF LEASE OF PROPERTY FOR COMMUNITY CORRECTIONS SERVICES On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a lease with Krause Road Properties, L.L.C. for 3101 square feet of office space at 10111 Krause Road, Suites 101 and 102 for Community Corrections Services and authorized the County Administrator to execute the lease agreement, subject to approval by the County Attorney. (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. 8.C.8. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.8.&. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE POLICE DEPARTMENT FOR POLICE/TRAFFIC COVERAGE FOR THE VICTORIAN DAY PARADE On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $704 from the Midlothian District Improvement Fund to the Police Department for police/traffic coverage for the Victorian Day Parade. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.8.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR FIELD IMPROVEMENTS TO THE EXISTING BASEBALL FIELD AT CLOVER HILL ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $4,000 from the Matoaca District Improvement Fund to the Parks and Recreation Department to make field improvements (batting cage, storage shed and additional components) to the existing baseball field at Clover Hill Elementary School. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.8.c. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE A DVD PLAYER FOR THE MUSIC EDUCATION PRO~RAMAT CLOVER HILL HIG~ SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $200 from the Clover Hill District Improvement Fund to the Chesterfield County School Board to purchase a DVD player for the music education program at Clover Hill High School. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-392 05/28/03 8.C.8.d. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO ASSIST IN THE BUILDING OF A WEIGHT ROOM AND THE PURCHASE OF WEIGHT ROOM SUPPLIES FOR MANCHESTER HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $4,000 from the Matoaca District Improvement Fund to the School Board to assist in the building of a weight room and the purchase of weight room supplies for Manchester High School. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.9. REQUESTS FOR PERMISSION 8.C.9 .&. FROM HALLMARK HOME BUILDERS, INCORPORATED TO CONSTRUCT MASONRY COLUMNS, FENCING AND A SIGN WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 36, IVYRID~E, SECTION A On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Hallmark Home Builders, Incorporated for permission to construct two masonry columns, fencing and a sign within a 16-foot drainage easement across Lot 36, Ivyridge, Section A, 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.C.9.b. FROM ALONZO EDWARDS AND RENELL L. EDWARDS FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 3, PLEASANT DALE, SECTION B On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Alonzo Edwards and Renell L. Edwards for an existing fence to encroach within a 16-foot drainage easement across Lot 3, Pleasant Dale, Section B, 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.C.10. AWARD OF CONSTRUCTION CONTRACTS 8.C.10.a. TO GERALD K. MOODY T/A SOUTHERN CONSTRUCTION COMPANY FOR COLONIAL PINE ESTATES WATERLINE REHABILITATION PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract in the amount of $549,209.22 to Gerald K. Moody T/A Southern Construction Company for County Project Number 02-0090R, Colonial Pine Estates Waterline Rehabilitation, and authorized the County Administrator to execute the necessary documents. (It is 03-393 05/28/03 noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.10.b. TO ENGLISH CONSTRUCTION FOR DIGESTION EQUIPMENT REHABILITATION AT THE FALLING CREEK WASTEWATER On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract to English Construction in the amount of $1,220,000 for Project Number 00-0126R, Digestion Equipment Rehabilitation at the Falling Creek Wastewater Treatment Plant, approved the transfer of funds, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.10.c. TO ~MW GENERAL CONTRACTORS, INCORPORATED FOR INSTALLATION OF PRESSURE REDUCING VALVES IN THE MIDLOTHIANVILLAGE AREA On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract to GMW General Contractors, Incorporated in the amount of $188,890 for Project Number 99- 0123R, Northern Area Pressure Reducing Valves, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.10.d. TO ENVIROSCAPE, INCORPORATED FOR THE RUFFIN MILL WATERLINE, PHASE II PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract to Enviroscape, Incorporated in the amount of $1,381,036 for Project Number 97-0119E, Ruffin Mill Waterline, Phase II, and authorized the County Administrator to execute the necessary documents. (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. 8.C.10.e. TO TRANSDYN CONTROLS, INCORPORATED FOR A WATER SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract to Transdyn Controls, Incorporated in the amount of $1,772,000 for Project Number 880161R, Water Supervisory Control and Data Acquisition (SCADA) System, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-394 05/28/03 8.C.10.f. TO RICHARD L. CROWDER CONSTRUCTION, INCORPORAT~ FOR MID-LOTHIAN MINES PARK, PHASE I, NEW ENTRANCm. AND PARKING LOT On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract to Richard L. Crowder, Incorporated in the amount of $149,945 for Phase I improvements to the Mid-Lothian Mines Park; transferred $68,000 from Parks Improvement capital accounts to this project; and authorized the County Administrator to execute the necessary documents. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.11. REQUESTS TO QUITCLAIM 8.C.11.&. SIXTEEN-FOOT DRAINAGE EASEMENTS, A TWENTY-FOOT STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE ACCESS EASEMENT AND A VARIABLE WIDTH STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF CROWNE AT SWIFT CREEK ASSOCIATES, LIMITED PARTNERSHIP On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate 16-foot drainage easements (public), a 20-foot storm water management/best management practice access easement and a variable width storm water management/best management practice easement across the property of Crowne at Swift Creek Associates, Limited Partnership. (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.C.11.b. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS THE PROPERTY OF COOKE'S 60 LAND, LLC On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot drainage easement across the property of Cooke's 60 Land, LLC. (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.C.11.c. A PORTION OF A SiXTEEN-FOOT TEMPORARY DRAINAGE EASEMENT AND A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS PROPERTY OF ASC LAND CORPORATION On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot temporary drainage easement and a 03-395 05/28/03 portion of a 16-foot sewer easement across property of ASC Land Corporation. (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.C.12. ACCEPTANCE OF PARCELS OF LAND 8.C.12.&. ALONG TW~. NORTH RIGHT OF WAY LINE OF HENSLEY ROAD FROM DOUGLAS R. SOWERS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of four parcels of land containing a total of 5.463 acres along the north right of way line of Hensley Road (State Route 659) from Douglas R. Sowers, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.12.b. FOR NORTH H~NSLEY ROAD FROM DOUGLAS R. SOWERS AND SUSAN S. SOWERS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 1.358 acres for North Hensley Road from Douglas R. Sowers and Susan S. Sowers, 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.12.C. FOR THE PINEY BRANCH WASTEWATER PUMP STATION FROM RIVER OAKS DEVELOPMENT COMPANY, LLC On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.52 acres from River Oaks Development Company, 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.12.d. ALONG T~E SOUTH RIGHT OF WAY LINE OF EAST HUNDRED ROAD AND THE EAST RIGHT OF WAY LiNE OF KINGSTON AVENUE FROM GRAY PROPERTIES, L.L.C. AND WILLIAM R. SHELTON On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of parcels of land containing a total of 0.236 acres along the south right of way line of East Hundred Road (State Route 10) and the east right of way line of Kingston Avenue (State Route 2434) from Gray Properties, 03-396 05/28/03 L.L.C. and William R. Shelton, 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.12.e. ALONG THE SOUTH RIGHT OF WAY LINE OF WA?.MS?.~.Y BOULEvARD FROM TRUSTEES OF EMANUAEL ASS~LY OF COD CHURCH On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.075 acres along the south right of way line of Walmsley Boulevard from Trustees of Emanuael Assembly of God Church, 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.12.f. ALONG THE WEST RIGHT OF WAY LINE OF GRANITE SPRINGS ROAD FROM EMAD ALHUSAINI AND RAJA HAFAZ On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.07 acres along the west right of way line of Granite Springs Road from Emad Alhusaini and Raja Hafaz, 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.12.g. FOR CHARTER CLUB DRIVE FROM BB HUNT, L.L.C. On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.436 acres for Charter Club Drive from BB Hunt, 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.13. APPROVAL OF ~ORANDUM OF UNDERSTANDING WITH THE APPOMATTOX RIVER WATER AUTHORITY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved and authorized the Chairman of the Board of Supervisors to execute a Memorandum of Understanding between the Appomattox River Water Authority and the county, as follows: WHEREAS, the Appomattox River Water Authority has had a Vulnerability Analysis of its Water Treatment Plant conducted; and 03-397 05/28/03 WHEREAS, the Vulnerability Analysis recommended the closing of Chesdin Road to public traffic as a way of reducing the possibility of terrorist attack; and WHEREAS, the Authority and the County are concerned about the safety of the water supply for area; and WHEREAS, the County operates a park/boat ramp facility on Authority lands at the southern end of Chesdin Road and wishes to keep the facility in operation; and WHEREAS, the Authority has contacted the Virginia Department of Transportation about the possibility of closing Chesdin Road at night (dusk to dawn). NOW, THEREFORE, BE IT RESOLVED, that the Authority and Chesterfield County agree that the Authority can close Chesdin Road at each night. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 9. w~.~RINGS 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. Barber, seconded by Mrs. Humphrey, the Board accepted the following reports: A report on Developer Water and Sewer Projects; and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH AMHERST, SECTION 3 (Effective 4/11/03) Amherst Ridge Loop (Route 5430) - From Amherst Ridge Way (Route 5426) to Cul-de-sac 0.03 Mi Amherst Ridge Loop (Route 5430) - From Amherst Ridge Way (Route 5426) to Amherst Ridge Way (Route 5426) 0.22 Mi Amherst Ridge Way (Route 5426) - From .02 mile south of Amherst Ridge Lane (Route 5425) to Amherst Ridge Loop (Route 5430) 0.04 Mi CHESDIN SHORES, SECTION 2 (Effective 4/29/03) Blue Heron Circle (Route 5513) - From Chesdin Green Way (Route 4496) to Chesdin Green Way (Route 4496) 0.50 Mi 03-398 05/28/03 Blue Heron Loop (Route 5514) - From Chesdin Green Way (Route 4496) to Chesdin Green Way (Route 4496) Chesdin Green Way (Route 4496) - From Intersection Blue Heron Circle (Route 5513) and Blue Heron Loop (Route 5514) to Intersection Blue Heron Circle (Route 5513) and Blue Heron Loop (Route 5514) Chesdin Green Way (Route 4496) - From Lake Chesdin Parkway (Route 4496) to Intersection Blue Heron Circle (Route 5513) and Blue Heron Loop (Route 5514) Chesdin Green Way (Route 4496) - From Intersection Blue Heron Circle (Route 5513) and Blue Heron Loop (Route 5514) to .07 mile north Blue Heron Circle (Route 5513) and Blue Heron Loop (Route 5514) CROWN PARK, SECTION B (Effective 4/11/03) Nathan Lane (Route 5510) - From Lady Blair Lane (Route 5496) to Cul-de-sac GROVE HILL ROAD, PHASE B (Effective 4/18/03) Grove Hill Road (Route 5471) - From 0.12 mile east of Biggon Pond Road (Route 5480) to 0.13 mile west of North Woolridge Road (Route 668) KINGHAM, SECTION 1 (Effective 4/18/03) Mitford Drive (Route 5516) - From Mitford Place (Route 5517) to 0.12 mile northeast of Mitford Place (Route 5517) Mitford Drive (Route 5516) - From Grove Hill Road (Route 5471) to Mitford Place (Route 5517) Mitford Place (Route 5517) - From Mitford Drive (Route 5516) to Cul-de-sac KINGHAM, SECTION 2 (Effective 4/18/03) Kingham Drive (Route 5518) - From Kingham Place (Route 5520) to 0.01 mile south of Kingham Place (Route 5520) Kingham Drive (Route 5518) - From Grove Hill Road (Route 5471) to Railey Hill Drive (Route 5519) Kingham Drive (Route 5518) - From Kingham Place (Route 5520) to Kingham Place (Route 5520) Kingham Drive (Route 5518) - From Mitford Drive (Route 5516) to Kingham Place (Route 5520) 03-399 0.75 Mi 0.14 Mi 0.18 Mi 0.07 Mi 0.28 Mi 0.40 Mi 0.12 Mi 0.03 Mi 0.06 Mi 0.01 Mi 0.05 Mi 0.02 Mi 0.07 Mi 05/28/03 Kingham Drive (Route 5518) - From Railey Hill Drive (Route 5519) to Mitford Drive (Route 5516) Kingham Place (Route 5520) - From Kingham Drive (Route 5518) to Kingham Drive (Route 5518) Mitford Drive (Route 5516) - From Kingham Drive (Route 5518) to 0.02 mile west of Kingham Drive (Route 5518) Railey Hill Drive (Route 5519) - From Kingham Drive (Route 5518) to Cul-de-sac KINGHAM, SECTION 3 (Effective 4/18/03) Kingham Circle (Route 5521) - From Kingham Drive (Route 5518) to Kingham Drive (Route 5518) Kingham Drive (Route 5518) - From Kingham Circle (Route 5521) to Kingham Circle (Route 5521) Kingham Drive (Route 5518) - From Kingham Circle (Route 5521) to Cul-de-sac Kingham Drive (Route 5518) - From 0.01 mile south of Kingham Place (Route 5520) to Kingham Circle (Route 5521) MEADOWS, SECTION 4 (Effective 4/28/03) Kentberry Road (Route 1810) - From 0.05 mile north of Pineville Road (Route 1810) to Cul-de-sac MEADOWS, SECTION 5 (Effective 4/28/03) Wycliff Court (Route 5515) - From Wycliff Road (Route 900) to Cul-de-sac Wycliff Road (Route 900) - From Adkins Road (Route 672) to Wycliff Court (Route 5515) Wycliff Road (Route 900) - From Wycliff Court (Route 5515) to Cul-de-sac MERRIEWOOD (Effective 4/28/03) Merriewood Ridge Court (Route 5512 Merriewood Ridge Drive (Route 5511 - From to Cul-de-sac Merriewood Ridge Drive (Route 5511 - From Merriewood Court (Route 5512) to .04 mile east of Merriewood Court (Route 5512) Merriewood Ridge Drive (Route 5511) - From Merriewood Road (Route 1675) to ~erriewood Court (Route 5512) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-400 0.03 Mi 0.08 Mi 0.02 Mi 0.05 Mi 0.05 Mi 0.02 Mi 0.07 Mi 0.10 Mi 0.06 Mi 0.07 Mi 0.06 Mi 0.03 Mi 0.05 Mi 0.04 Mi 0.11 Mi 05/28/03 11. DINNER On motion of Mr. Barber, seconded by Mr. McHale, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Reconvening: 12. INVOCATION Reverend David Price, Senior Pastor of Victory Tabernacle Church of God gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Staff Sergeant Wayne Cole, Virginia Air National Guard, led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING TECH SERGEANT GOVIE ANDREW PEEBLES, STAFF SERGEANT WAYNE COLE, AND STAFF SERGEANT JOHN E. ZETAK FOR THEIR CONTRIBUTIONS TO "OPERATION IRAQI FREEDOM" Mr. Kappel introduced Tech Sergeant Govie Andrew Peebles, Staff Sergeant Wayne Cole and Staff Sergeant John Zetak who were present to receive the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, America has just completed a war with the regime of Iraqi dictator Saddam Hussein; and WHEREAS, this military operation, named ~Operation Iraqi Freedom," was conducted to free the people of Iraq from years of tyranny and to make the United States, and the world, safer; and WHEREAS, among the hundreds of thousands of military personnel mobilized for this war effort were scores of Chesterfield County residents who serve in the reserve components of the various military services; and WHEREAS, Tech Sergeant Govie Andrew Peebles, Virginia Air National Guard is one of the courageous Americans who answered the call to duty in ~Operation Iraqi Freedom" unflinchingly and honorably; and WHEREAS, this Board of Supervisors supports the President and our troops, and commends the reserve military personnel who served in ~Operation Iraqi Freedom" for their courageous service and sacrifice; and 03-401 05/28/03 WHEREAS, the families of these military men and women also bear a great sacrifice and uncertainty in the absence of their loved ones serving in far-off lands; and WHEREAS, it is appropriate to recognize the courage and sacrifice of our reservists and their families during this difficult time. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28th day of May 2003, publicly recognizes the sacrifice and courage of Tech Sergeant Govie Andrew Peebles, who served in "Operation Iraqi Freedom," and expresses its gratitude to him for making the world a safer place for freedom-loving people everywhere. And, further, the Board adopted the following resolution: WHEREAS, America has just completed a war with the regime of Iraqi dictator Saddam Hussein; and WHEREAS, this military operation, named ~Operation Iraqi Freedom," was conducted to free the people of Iraq from years of tyranny and to make the United States, and the world, safer; and WHEREAS, among the hundreds of thousands of military personnel mobilized for this war effort were scores of Chesterfield County residents who serve in the reserve components of the various military services; and WHEREAS, Staff Sergeant Wayne Cole, Virginia Air National Guard is one of the courageous Americans who answered the call to duty in "Operation Iraqi Freedom" unflinchingly and honorably; and WHEREAS, this Board of Supervisors supports the President and our troops, and commends the reserve military personnel who served in "Operation Iraqi Freedom" for their courageous service and sacrifice; and WHEREAS, the families of these military men and women also bear a great sacrifice and uncertainty in the absence of their loved ones serving in far-off lands; and WHEREAS, it is appropriate to recognize the courage and sacrifice of our reservists and their families during this difficult time. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28th day of May 2003, publicly recognizes the sacrifice and courage of Staff Sergeant Wayne Cole, who served in "Operation Iraqi Freedom," and expresses its gratitude to him for making the world a safer place for freedom-loving people everywhere. And, further, the Board adopted the following resolution: WHEREAS, America has just completed a war with the regime of Iraqi dictator Saddam Hussein; and WHEREAS, this military operation, named ~Operation Iraqi Freedom," was conducted to free the people of Iraq from years 03-402 05/28/03 of tyranny and to make the United States, and the world, safer; and WHEREAS, among the hundreds of thousands of military personnel mobilized for this war effort were scores of Chesterfield County residents who serve in the reserve components of the various military services; and WHEREAS, Staff Sergeant John E. Zetak, Virginia Air National Guard is one of the courageous Americans who answered the call to duty in "Operation Iraqi Freedom" unflinchingly and honorably; and WHEREAS, this Board of Supervisors supports the President and our troops, and commends the reserve military personnel who served in ~Operation Iraqi Freedom" for their courageous service and sacrifice; and WHEREAS, the families of these military men and women also bear a great sacrifice and uncertainty in the absence of their loved ones serving in far-off lands; and WHEREAS, it is appropriate to recognize the courage and sacrifice of our reservists and their families during this difficult time. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28th day of May 2003, publicly recognizes the sacrifice and courage of Staff Sergeant John E. Zetak, who served in "Operation Iraqi Freedom," and expresses its gratitude to him for making the world a safer place for freedom-loving people everywhere. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. Warren presented the executed resolutions to Tech Sergeant Peebles, Staff Sergeant Cole and Staff Sergeant Zetak, accompanied by family and friends, and commended them upon their courageous service in "Operation Iraqi Freedom." Tech Sergeant Peebles expressed appreciation to the Board for the recognition and also to his family and the other reservists for their support. Staff Sergeant Cole expressed appreciation to the Board for the recognition and also to his family, friends and other reservists for their support. Staff Sergeant Zetak expressed appreciation to the Board and members of the audience for their support. A standing ovation followed. 14.B. RECOGNIZING MAY 18 - 24, 2003, AS UEMERGENCY MEDICAL SERVICES WEEK" IN CHESTERFIELD COUNTY Mr. David Tesh, Volunteer Recruitment and Retention Coordinator, introduced Mr. Gilbert Elliott, President of Bensley-Bermuda Volunteer Rescue Squad; Mr. Mike Harmon, representing Chesterfield Fire and Emergency Medical Services; Ms. Rose Wilson, President of Ettrick-Matoaca 03-~03 05/28/03 Volunteer Rescue Squad; Ms. Kathy Eubank, President of Manchester Volunteer Rescue Squad; and Mr. Rick Morrow and Mr. Paul Sharpe, representing Forest View Volunteer Rescue Squad, who were present to receive resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need twenty- four hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and accomplishments of the emergency medical services providers from Chesterfield Fire and EMS, and Bensley-Bermuda, Ettrick- Matoaca, Forest View, and Manchester Volunteer Rescue Squads by designating ~Emergency Medical Services Week"; and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of May 18-24, 2003, as "Emergency Medical Services Week." Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. Warren presented the executed resolutions to the representatives from the rescue squads and Chesterfield Fire and EMS, and expressed appreciation for the invaluable services provided by the county's emergency medical services providers. 03-404 05/28/03 14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING T~ RANK OF EAGLE SCODTS 14.C.1. ADAM JOHN CAPUANO, BERMUDA DISTRICT Mr. Hammer introduced Mr. Adam Capuano who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Adam John Capuano, Troop 815, sponsored by Chester United Methodist 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, Adam 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, this 28th day of May 2003, publicly recognizes Mr. Adam John Capuano, 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. Mr. McHale presented the executed resolution and patch to Mr. Capuano, accompanied by his mother, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Capuano expressed appreciation to the Board for the recognition and also to his parents, members of his troop, church sponsor and friends for their support. 14.C.2. MICHAEL ANDREW REED, BERMUDA DISTRICT Mr. Hammer introduced Mr. Michael Reed who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 03-405 05/28/03 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. Michael Andrew Reed, Troop 815, sponsored by Chester United Methodist 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 ?~EREAS, 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, Michael 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, this 28th day of May 2003, publicly recognizes Mr. Michael Andrew Reed, 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. Mr. McHale presented the executed resolution and patch to Mr. Reed, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Reed expressed appreciation to his family, friends and members of his troop for their support. 14.C.3. RICHARD SEANVAN DAMME, BERMUDA DISTRICT Mr. Hammer introduced Mr. Richard Van Damme who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and 03-406 05/28/03 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. Richard Sean Van Damme, Troop 815, sponsored by Chester United Methodist 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, Sean 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, this 28th day of May 2003, publicly recognizes Mr. Richard Sean Van Damme, 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. Mr. McHale presented the executed resolution and patch to Mr. Van Damme, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Van Damme expressed appreciation to his parents and members of his troop for their support. 14.C.4. BRIAN FOLEY BLAKE, DALE DISTRICT Mr. Hammer introduced Mr. Brian Blake who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and 03-407 05/28/03 WHEREAS, Mr. Brian Foley Blake, Troop 819, sponsored by Saint John's Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Brian 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, this 28th day of May 2003, publicly recognizes Mr. Brian Foley Blake, 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. Mr. Miller presented the executed resolution and patch to Mr. Blake, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Blake expressed appreciation to his parents and the leadership and members of Troop 819 for their support. I~.D. RECOGNIZING MS. JANE WARRICK AND ~A PLAYGROUND FOR KATIE AND FRIENDS" ORGANIZATION AND OTHER ORGANIZATIONS AND INDIVIDUALS FOR THEIR EFFORTS IN PROVIDING AN ADAPTIVE PLAYGROUND AT HUGUENOT PARK AND APPROPRIATION OF DONATION Mr. Golden introduced the following people who were present to receive the resolution: Ms. Jane Warrick; Mr. Gregg Davidson representing Wachovia Securities; Ms. Kathleen Seal representing Midlothian Junior Woman's Club; Mr. Richard Wood, representing Loyal Order of The Moose-Manchester Lodge #699; Mr. Doug McPherson and Mr. James Degenhart, representing Knights of Virginia Assisting the Retarded; Mr. Justin Poythress, representing Trinity United Methodist Church; Ms. Sandra Walker and Mr. Jerry Hancock representing Beach Community Grange; Ms. Gretchen Curreri representing Saint Edward Epiphany School; Mr. Garland Rasmasun representing Saint Matthias Episcopal Church; Mr. A1 Casciello representing the Kiwanis Club of Midlothian; Ms. Ellen Wood; Ms. Eileen Miller; Ms. Catherine Harris; Mr. Jim Ritchie; and students Josh Fowler and Michael Klotz with their families. On motion of the Board, the following resolution was adopted: WHEREAS, "A Playground for Katie and Friends" is a non- profit organization that has worked tirelessly to plan and raise funds for a special playground where all children can come and play together regardless of abilities or disabilities; and 03-&08 05/28/03 WHEREAS, this new inclusive playground with adaptive equipment to be constructed at Huguenot Park will greatly benefit members of all the families who visit and enjoy the park; and WHEREAS, Ms. Jane Warrick has worked tirelessly over the course of two years to form the non-profit organization, "A Playground for Katie and Friends"; and WHEREAS, the Board members of the organization - Eileen Miller, Catherine Harris and Jim Ritchie - have brought together organizations and individuals in a concerted effort of community service; and WHEREAS, Wachovia Securities, Midlothian Junior Woman's Club, Loyal Order of The Moose-Manchester Lodge #699, Knights of Virginia Assisting the Retarded, Trinity United Methodist Church, Beach Community Grange, St. Edward Epiphany School, St. Matthias Episcopal Church, Kiwanis Club of Midlothian, and Ms. Ellen Wood have made major contributions to fundraising and manpower efforts without which construction of the special playground would not have been possible. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28th day of May 2003, publicly recognizes Ms. Jane Warrick and the organization, ~A Playground for Katie and Friends" for its devoted efforts to purchase and construct a new adaptive playground at Huguenot Park. And, further, the Board appropriated the $80,000 donation from "A Playground for Katie and Friends" to the Parks and Recreation Department Park Improvements Project. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. Barber presented the executed resolutions to the representatives present and expressed appreciation for all the efforts that went into this wonderful project. Ms. Warrick presented a facsimile of the $80,000 check to Mr. Barber and expressed appreciation to all the wonderful people who made the adaptive playground possible. 14.E. RECOGNIZING MISS KATE VIRGINIA GIBBS FOR EXCELLENCE IN SWIMMING Mrs. Humphrey introduced Miss Kate Gibbs who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Miss Kate Virginia Gibbs is a 12-year-old Chesterfield County resident; and WHEREAS, Miss Gibbs attends 7th grade at Manchester Middle School; and WHEREAS, Miss Gibbs is enrolled in the Center-based Gifted Program; and 03-409 05/28/03 WHEREAS, Miss Gibbs swims locally on the Poseidon Swim Team and also competes nationally in the USA Adapted Swimming Competition; and WHEREAS, Miss Gibbs won four bronze medals for her swimming achievements in 2002; and WHEREAS, Miss Gibbs will be competing in the USA Adapted Swimming Competition in Minneapolis in June 2003; and WHEREAS, Miss Gibbs recently set a USA Swimming national record for adapted swimmers in the 200-meter butterfly, breaking the previous record by more than three seconds; and ~EREAS, Miss Gibbs' continued excellence in swimming has brought distinction not only to herself, but also to Manchester Middle School, the Poseidon Swim Team and to Chesterfield County; and WHEREAS, Miss Gibbs has inspired many others with her determination, pursuit of excellence in athletics and commitment to achieving her personal best performance; and WHEREAS, such outstanding and exemplary behavior is deserving of appropriate recognition. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28tn day of May 2003, publicly recognizes the superior athletic ability and commitment to excellence of Miss Kate Virginia Gibbs, congratulates her on her many achievements in competitive swimming, and extends to her, on behalf of all Chesterfield County residents, best wishes for continued success. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mrs. Humphrey presented the executed resolution to Miss Gibbs, congratulated her on her accomplishments and wished her future success. Miss Gibbs expressed appreciation to the Board for the recognition and also to her family, friends and swimming coaches for their support. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON Tw~ CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs - WIThdRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS T~ RECOMMENDATION AND THERE IS NO OPPOSITION - CAS~R WHERE THE APPLICANT DOES NOT ACCEPT THE RECOI~.NDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 03SR0263 In Bermuda Magisterial District, ALBERT F. AND SHARON R. BAKER request renewal of Manufactured Home Permit 96SR0207 to park a manufactured home in a Residential (R-7) District. The density of this proposal is approximately 2.8 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4 units per acre. 03-410 05/28/03 This property is known as 10225 Brightwood Avenue. 794-665-3036 (Sheet 26). Tax ID Mr. Jacobson presented a summary of Case 03SR0263 and stated staff recommends approval subject to conditions. Mrs. Sharon Baker stated the recommendation is acceptable. Mr. Warren called for the public hearing. No one came forward to speak to the request. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 03SR0263 for seven years subject to the following conditions: The applicants shall be the owner and occupant of the manufactured home. Manufactured Home permit shall be granted for a period not to exceed seven (7) years from date of approval. o No lot or parcel may be rented or leased for use as a manufactured home site nor shall any manufactured home be used for rental property. No additional permanent-type living space may be added onto a manufactured home. Ail manufactured homes shall be skirted but shall not be placed on a permanent foundation. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0174 In Bermuda Magisterial District, HARRISON BURT 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 residential use of 1.5 units per acre or less. This request lies on 44.6 acres fronting approximately 850 feet on the west line of Ramblewood Drive, approximately 1,500 feet north of Enon Church Road. Tax ID 812-645-6725 (Sheet 35). Mr. Jacobson presented a summary of Case 03SN0174 and stated the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He further stated the applicant has submitted a revised Proffered Condition 1 which further limits access to Ramblewood Road, Walthall Drive to the south, and Laurel Road. He stated staff recommends acceptance of the revised proffered condition, and the Board would have to suspend its rules to allow for its consideration. He noted the request conforms to the Consolidated Eastern Area Plan. Mr. Harrison Burt stated the recommendation is acceptable. Mr. Warren called for the public hearing. 03 -4,11 05/28/03 No one came forward to speak to the request. On motion of Mr. McHale, seconded by Mr. Miller, the Board suspended its rules to allow for consideration of the revised Proffered Condition 1. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 03SN0174 and accepted the following proffered conditions: There shall be no direct access from the property to Ramblewood Drive, Walthall Drive to the south, or Laurel Road. (EE, P, T) o In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right-of-way on the west side of Ramblewood Drive, measured from the centerline of that part of Ramblewood Drive immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) o With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 4. The public water system shall be used. (U) o 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: ao $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 if not used for which proffered within 15 years of receipt, the cash shall be returned in fully to the payor. (B&M) A maximum of thirty (30) residential lots shall be permitted. (P) Ail lots shall have a minimum area of 30,000 square feet. (P) o Ail dwelling units shall have a minimum gross floor area of 1,800 square feet. (BI) 03-412 05/28/03 o Ail exposed portions of the foundation of each dwelling unit shall be covered with brick or stone veneer or exterior insulating and finishing systems (EIFS) materials. (BI) 10. A twenty-five (25) foot tree preservation strip, exclusive of required yards, shall be maintained along the western property line adjacent to Tax IDs 811-645- 7334, 7348, 7371, 7459 and 7815. Utility easements which run generally perpendicular through this strip shall be permitted. Any healthy trees that are six (6) 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. (P) 11. A twenty-five (25) foot tree preservation strip, exclusive of required yards, shall be maintained along the southern property line adjacent to Tax ID 813-644- 5654. Utility easements which run generally perpendicular through this strip and septic drainfield lines shall be permitted. Any healthy trees that are six (6) 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. (P) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0202 In Midlothian Magisterial District, M-3 INVESTORS LLC requests Conditional Use and amendment of zoning district map to permit Multifamily Residential (R-MF) uses within a Community Business (C-3) District, plus proffered conditions on a 4.2 acre Residential (R-7) Tract. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial and medium density residential use of 1.51 to 4.0 units per acre. This request lies on 17.6 acres fronting approximately 600 feet on the north line of Midlothian Turnpike west of, and adjacent to, Powhite Parkway, also fronting approximately 400 feet on the east line of North Pinetta Drive approximately 340 feet north of Midlothian Turnpike. Tax IDs 754-706-3006 and 4831 (Sheets 6 and 7). Mr. Jacobson presented a summary of Case 03SN0202 and stated the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He further stated an addendum corrects a technical mistake made by staff in repeating one of the proffered conditions. He noted that the request conforms to the Northern Area Plan. 03-4,13 05/28/03 Mr. Andy Scherzer, representing the applicant, recommendation is acceptable. stated the Mr. Warren called for the public hearing. No one came forward to speak to the request. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 03SN0202 and accepted the following proffered conditions: Zoning Plan. Tracts shall be located as generally depicted on the Zoning Plan, dated 3-21-03 and prepared by Balzer & Associates, Inc., but the location and size of Tracts B and C may be modified provided the tracts generally maintain their relationship with each other, with Tract A, and any adjacent properties. A plan for any such Tract adjustment shall be submitted to the Planning Department for review and approval. Such plan shall be subject to appeal in accordance with provisions of the Zoning Ordinance for Site Plan appeals. (P) II. Tract A Uses. The acreage of Tract A shall be included solely for the purpose of 1) calculating density for the residential multi-family development on Tracts B and C provided such multifamily development is contiguous to Tract A, as determined, by the Planning Department, and 2) any associated focal point acreage referenced in Proffered Condition III.A.3.iv. (P) Bo Buffer: The 100 foot buffer required by Case 74-26 shall comply with the requirements of the Zoning Ordinance for 100 foot buffers. (Note: This condition is in addition to the Condition of Case 74-26.) (P) III. Tract B Uses. Uses in Tract B shall be limited to the following: Nursing, convalescent, rest homes and group care facilities. Unless located within 400 feet of the ultimate right of way of Midlothian Turnpike, such buildings shall be located generally parallel to Tract A with parking areas to be located south of the buildings. Furthermore, alternate locations for these buildings shall be permitted if the overall campus site design provides for other buildings for other permitted uses to be located generally parallel to Tract A with the parking areas to be located generally south of the buildings. (P) o Corporate Office (0-2) uses permitted by right or with restrictions with the exception of schools-commercial, trade, music, dance, vocational, training, hospitals and 03-4~4 05/28/03 o warehouses, provided such uses are located within 400 feet of the ultimate right of way of Midlothian Turnpike. (p) Residential multi-family uses. Such uses shall comply with the requirements of the Zoning Ordinance for Residential Multi-Family (R-MF) Districts except as follows: a. Four (4) or less attached units: i. Setbacks from roads and property lines. Ail structures shall be set back a minimum of eight (8) feet from interior private driveways providing access exclusively to parking areas and fifteen (15) feet from all other driveways. There shall be no required setback for structures from any parking space. (p) ii. Distance between buildings. The minimum distance between buildings shall be fifteen (15) feet. (P) iii. Driveways and Parking Areas. Ail roads, driveways and parking areas shall have concrete curbs and gutters except those driveways that provide access exclusively to parking areas serving individual lots. (P) iv. Focal Point. A minimum of 0.75 acres of open space/recreation area shall be provided on the Property (may include areas in Tracts A, B and C) to provide a "focal point" as one enters the project. Part of the area shall be ~hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. A portion of the focal point may include areas devoted to water facilities. The focal point shall be developed concurrent with the first phase of residential development that the focal point is intended to serve. The exact design and location shall be approved by the Planning Department at the time of site plan review. (P) Vo Sidewalks. Sidewalks shall be provided on the side of any road that has units fronting on the road. (p) vi. Individual Lot Driveways and Parking Areas. Individual driveways and parking areas shall be "hardscaped". The exact design and treatment shall 03 -4,15 05/28/03 C o be approved at the time of site plan review. (P) vii. Garage Doors. The number of units with garage doors fronting streets shall be limited or designed so as to minimize the visual impact of garage doors facing the streets. At the time of site plan review, plans depicting these requirements shall be submitted for review and approval. (P) viii. Noise Setback. A setback distance of two hundred (200) feet, exclusive of required yards shall be provided from the Powhite Parkway right of way, unless a noise study demonstrates that a lesser distance is acceptable as approved by the director of transportation. Natural vegetation shall be retained within the setback area unless removal is required to install noise attenuation measures or is approved by the Planning Commission. (T) More than four (4) attached units: Site Design. The multi-family development shall be restricted to a maximum of two (2) buildings to be located generally parallel to Tract A with parking areas to be located south of the buildings. Furthermore, alternate locations for the multi-family building(s) shall be permitted if the overall campus site design provides for other buildings for other permitted uses to be located generally parallel to Tract A with the parking areas to be located generally south of the buildings. This would not preclude fire access as required by the Fire Department to the north of the buildings. Should such building(s) be located within 400 feet of the ultimate right of way of Midlothian Turnpike, this building/parking orientation requirement shall not apply. (P) ii. Dwelling units. There shall be no limit to the number of dwelling units permitted on one floor level of a building. (P) Ail units: Parcel(s) area and density. The minimum contiguous development size shall be ten (10) acres. Density 03-416 05/28/03 shall not exceed thirty-three (33) dwelling units per gross acre with a maximum density of 330 units. (p) ii. Conceptual Plan. Residential units shall be grouped together by type (four (4) or less attached or more than four (4) attached). If there is a desire to mix the types of residential uses within a Tract, the mixing may be permitted in a Conceptual Plan is submitted for review and approval by either the Planning Department or the Planning Commission. The Conceptual Plan shall address the land use transitions and compatibility between the different uses within a Tract. Land use compatibility and transitions may include, but not necessarily be limited to, the exact location of the uses, buffers and site design. Review of the Conceptual Plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. (P) iii. Emergency Access. In lieu of a second public access, an emergency access shall be provided from Midlothian Turnpike to the site prior to occupancy of more than fifty (50) units. The location of this emergency access shall be reviewed and approved by the Transportation and Fire Departments. The design and maintenance of this emergency access shall be reviewed and approved by the Fire Department in conjunction with site plan approval. (F & T) iv. Recreation area required. Required recreation shall be provided in the form of passive recreation consisting of walking trails throughout the development. (P) Vo Age restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, dwelling units shall be restricted to ~housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein ("Age-Restricted Dwelling Units"). (B&M) 03-&17 05/28/03 vi. Street Trees. Street trees shall be installed along each side of the interior roads and common driveways to include entrance roads from public roads into the development in accordance with the requirements of the Zoning Ordinance for Subdivisions. (P) vii. Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19-516 through 19-518(f). Landscaping shall be designed to minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The Planning Department, at the time of site plan review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P) viii. Lighting. Light poles shall have a maximum height of twenty (20) feet. (P) ix. Impacts on Capital Facilities. Prior to building applicant, assignee(s) following, the issuance of permit(s), the subdivider, or shall pay the for infrastructure improvements within the service district for the property, to the county of Chesterfield for any dwelling unit: $2,168.00 per dwelling unit, if paid prior to July 1, 2003. At the time of payment, the $2,168.00, will be allocated pro-rata among the facility costs as follows: $598.00 for parks and recreation, $324.00 for library facilities, $900.00 for roads, and $346.00 for fire stations; or The amount approved by the Board of Supervisors not to exceed $2,168.00 per dwelling unit adjusted 03-418 05/28/03 IV. 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. C · In the event the cash payment is not used for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B&M) Tract C ao Uses. Uses in Tract C shall be limited to the following: Those uses permitted by right or with restrictions in the Corporate Office (0-2) District with the exception of schools- commercial, trade, music, dance, vocational, training; hospitals and warehouses. (p) o Residential multi-family uses, subject to the requirements identified for Tract B. (P) Ail Tracts: A. Utilities. Public wastewater shall be used. (U) Bo Timbering. 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) Drainage. Stormwater shall be retained onsite and released so that the culvert under Brucewood Drive meets VDOT criteria for passing a 10-year storm. The Department of Environmental Engineering shall approve the design of such systems at time of site plan review. (EE) Do BMP Designed as Amenity. Any above-ground facilities required for water quantity or quality control shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, uses developed on the property. At the time of site plan review, a plan depicting these requirements shall be submitted for review and approval. (P&EE) Eo Access to Pinetta Drive. Direct access from the property to Pinetta Drive shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. This condition shall not preclude the 03-419 05/28/03 provision of an emergency access from Pinetta Drive, subject to the review and design requirements of Proffered Condition III.A.3.c.iii. (T&F) F o Access to Midlothian Turnpike. No direct access shall be provided from the property to Midlothian Turnpike, other than an emergency access as referenced in Proffered Condition III.A.3.c.iii. (T) Dedication. Prior to any site plan approval, thirty-five (35) feet of right-of-way on the east side of Pinetta Drive, measured from the centerline of that part of Pinetta Drive immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Ho Road Improvements. 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 Pinetta Drive at the approved access to provide right and left turn lanes, if warranted, based on Transportation Department standards; and Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) Phasing. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition V.H. shall be submitted to and approved by the Transportation Department. (T) Jo Transportation Densities. For traffic planning purposes, the maximum density of the property shall be 200,000 square feet of general office (324 AM and 298 PM peak hour trips) or equivalent densities as approved by the Transportation Department. Equivalent densities shall be determined by comparing AM and PM peak hour trip generation estimates. (T) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0205 In Matoaca Magisterial District, DOGWOOD PARTNERSHIP requests rezoning and amendment of zoning district map from Community Business (C-3) to Residential Townhouse (R-TH) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to eight (8) units per acre is permitted in a Residential Townhouse (R-TH) District. The Comprehensive Plan suggests the property is 03-420 05/28/03 appropriate for mixed use corridor use. This request lies on 30.4 acres fronting approximately 110 feet on the north line of Hull Street Road, approximately 475 feet east of Cosby Road. Tax IDs 717-671-Part of 3939, Part of 7131, 8690 and 9347; 718-671-Part of 1133; and 718-672-4401 (Sheet 15). Mr. Jacobson presented a summary of Case 03SN0205 and stated the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. He noted the request conforms to the Upper Swift Creek Plan. Ms. Heather Barbour, representing the applicant, stated the recommendation is acceptable. Mr. Warren called for the public hearing. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board approved Case 03SN0205 subject to the following condition: The Textual Statement revised March 10, considered the Master Plan. (P) 2003, shall be And, further, conditions: the Board accepted the following proffered The architectural treatment of all buildings, including materials and style, shall be compatible to the elevations which are attached to the Request Analysis and labeled as Exhibit A. (P) The ultimate design of the development shall generally conform with the Conceptual Plan prepared by Barthol Design Associates, P.C., dated March 5, 2003, titled "The Villas at Dogwood." The location of driveways, parking areas, roads and buildings need not be exactly as shown on the Conceptual Plan; however, the concepts of the Plan shall be generally adhered to such as minimizing the number of units and garages fronting the private drives and public streets and the orientation of dwelling units to one another, to open spaces, and to rights of way. (P) o Any above ground facilities required for water quantity or quality control shall be designed as wet ponds and landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, uses developed on the property. At the time of site or subdivision plan review, a plan depicting these requirements shall be submitted for review and approval. (P & EE) Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, the occupancy of dwelling units shall be restricted to ~housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein. (B&M) o The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the 03-4,21 05/28/03 issuance of building permit improvements within the service property: for infrastructure district for the so $3,672.00 per dwelling unit, if paid prior to July 1, 2003. At the time of payment, the $3,672.00 shall be allocated pro-rata among the facility costs as calculated annually by the County Budget Department as follows: $750.00 for parks, $306.00 for library facilities, $295.00 for fire stations, $2,321.00 for roads; or The amount approved by the Board of Supervisors not to exceed $3,672.00 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. The payment shall be allocated pro-rata as set forth above. C o In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B&M) o The public water and wastewater system shall be used. (u) o 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 device has been installed. (EE) o The developer shall analyze the two outfalls to include the recorded 100-year floodplain and the adequacy of the culverts under Village Square Parkway. If the recorded floodplain would be affected or the existing culverts do not meet VDOT criteria, the developer must retain/detain water onsite to ensure that the culverts or floodplain are not impacted. (EE) o Direct access to Route 360 shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. Prior to recordation of the initial subdivision plat, a public right-of-way and/or access easements, acceptable to the Transportation Department, shall be recorded across the property to ensure shared use of this access with adjacent properties. (T) 10. In conjunction with the initial development, additional pavement shall be constructed along Route 360 at the approved access to provide a right turn lane. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for these road improvements. (T) 11o A minimum of 0.75 acres shall be provided in an area lying at the northern terminus of the entrance road, adjacent to, and including the clubhouse area, as depicted on the Conceptual Plan, to provide a focal 03-422 05/28/03 12. 13. 14. 15. 16. point as one enters the project. Part of the area shall be hardscaped and have benches and other amenities that accommodate and facilitate gatherin§s. The exact design and location shall be approved by the Planning Department at the time of subdivision review. The clubhouse shall have a minimum size of 2000 gross square feet and shall be architecturally compatible with the residential development. Compatibility may be achieved through the use of similar building massing, materials, scale or other architectural features. The clubhouse, together with related focal point amenities, shall be developed concurrent with the first phase of development. (P) Sidewalks shall be provided along both sides of roads and drives that accommodate general traffic circulation through the developments as generally shown on the Conceptual Plan. Sidewalks shall also be provided to the recreational uses within the project and to the adjacent commercially zoned properties. The exact design, treatment and location of the sidewalk shall be approved by the Planning Department at the time of tentative subdivision plan review and site plan review. (P) Street trees shall be installed along both sides of any roads and drives which accommodate general traffic circulation through the development. (P) Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19-516 through 19-518(f). Landscaping shall be designed to: minimize the predominance of building mass and paved areas, define private spaces, and enhance the residential character of the development. The Planning Department, at the time of tentative subdivision or site plan review, shall approve a conceptual landscaping plan. Final landscaping design showing the exact numbers, size, spacing, arrangement and species of plantings shall be approved by the Planning Department prior to the release of a building permit for any dwelling unit. (P) A maximum of one hundred and one (101) lots shall be developed on the property. (P) Landscaped Setbacks. so Thirty (30) foot and fifty (50) foot landscaped setbacks shall be provided, as shown on the conceptual plan. Except as specified herein, the landscaped setbacks shall consist of a landscaped berm and landscaping. Landscaping shall meet one and one-half times ~Landscape C", as defined in the Zoning Ordinance. bo A 100 foot building and parking setback shall be maintained along the northern property boundary adjacent to Manor Gate subdivision. Pedestrian paths and other passive recreational uses and underground utilities shall be permitted with the 03-423 05/28/03 100 foot setback area, provided, however, that such utilities shall be located so as not to run generally parallel through the northern seventy- five (75) feet of the 100 foot setback area. The northern seventy-five (75) feet of the 100 foot setback shall be maintained as a buffer and shall comply with Sections 19-520, 19-0521(a) through (h) and 19-522. (P) 17. Dwelling units shall not exceed a height of two (2) stories or thirty (30) feet, whichever is less. (P) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0216 In Matoaca Magisterial District, METRO RICHMOND ZOO INC. requests Conditional Use and amendment of zoning district map to permit indoor/outdoor recreational facilities for a public zoo. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies in an Agricultural (A) District on 14.7 acres lying approximately 1,200 feet off the west line of Beaver Bridge Road, measured from a point approximately 550 feet off the south line of Hull Street Road. Tax ID 695-662-7843 (Sheet 22). Mr. Jacobson presented a summary of Case 03SN0216 and stated the Planning Commission and staff recommended approval subject to conditions. He noted that the request conforms to the Southern and Western Area Plan. Mr. Jim Andelin, representing the applicant, recommendation is acceptable. stated the Mr. Warren called for the public hearing. No one came forward to speak to the request. Discussion ensued relative to veterinary transporting of animals to and from the zoo. care and Mrs. Humphrey complimented Mr. Andelin on the upkeep of his facility. Mrs. Humphrey then made a motion, seconded by Mr. Barber, the Board approved Case 03SN0216 subject to the following conditions: Sufficient parking shall be provided to accommodate the demands of the use. If it is determined that insufficient parking exists to meet the use demands, additional parking shall be provided, as deemed necessary by the Planning Department. (P) Prior to any improvements to include but not necessarily limited to parking, fencing, buildings or clearing, the owner/developer shall submit a security plan to the Planning Commission for approval. (P) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-424 05/28/03 03SN0235 In Midlothian Magisterial District, WARREN REDFERN requests amendment to Conditional Use (Case 95SN0186) relative to architectural treatment and Conditional Use Planned Development to permit exceptions to Ordinance requirements in a Residential Townhouse (R-TH) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for planned transition area use. This request lies on 7.7 acres fronting approximately 1,075 feet on the north line of Farnham Drive, approximately 220 feet west of Summerfield Drive. Tax IDs 736-706-8879 and Part of 9798 and 736-707-9723 (Sheet 6). Mr. Jacobson presented a summary of Case 03SN0235 and stated the Planning Commission and staff recommended approval subject to one condition and acceptance of the proffered conditions. He further stated the applicant submitted a technical amendment to Proffered Condition 1 that would provide a potential for additional development adjacent to the subject property and indicated staff is comfortable with the amendment. He noted the request conforms to the Midlothian Area Community Plan. Mr. Andy Scherzer, representing the applicant, recommendation is acceptable. stated the Mr. Warren called for the public hearing. No one came forward to speak to the request. On motion of Mr. Barber, seconded by Mr. Warren, the Board approved Case 03SN0235 subject to the following condition: The Textual Statement revised March 20, considered the Master Plan. (P) 2003, shall be And, further, conditions: the Board accepted the following proffered Conceptual Plan. The ultimate design of the development shall generally conform with the plan prepared by Balzer & Associates, Inc., entitled ~Conceptual Plan" and dated 3-21-03. Should the adjacent property to the east, identified as Tax ID 737-707-5021, be zoned for development similar to that approved on this site, a road may be extended through the subject property to serve this adjacent site. (P) Architectural Treatment. The architectural treatment of all dwellings, including materials and style, shall be compatible to the elevations attached hereto and labeled as Exhibit A. (P) (Staff Note: This condition supersedes Condition 20 of Case 95SN0186.) o Sidewalks. all roads. Sidewalks shall be provided on one side of The exact design, location and treatment 03-425 05/28/03 o o o o 10. shall be approved at the time of subdivision plan review. (P) Driveways. Individual driveways shall be ~hardscaped". The exact design and treatment shall be approved at the time of subdivision plan review. (P) Street Trees. Street trees shall be installed. (P) Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19-516 through 19-518(f). Landscaping shall be designed to minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The Planning Department, at the time of subdivision plan review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P) Focal Point. A minimum of 0.3 acres of open space/recreation area, exclusive of buffers, shall be provided on the property in an area depicted on the Conceptual Plan. In addition, a minimum of 0.07 acres of area shall be provided as a ~focal point" as one enters the project. Part of the focal point shall be ~hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. The focal point shall be developed concurrent with the first phase of residential development. The exact design and location shall be approved by the Planning Department at the time of tentative subdivision plan review. (P) Buffers. Buffers required by Section 17-70 of the Subdivision Ordinance along roads shall be located within recorded open space. (P) Open Space. Pedestrian access(es) shall be provided from within the development to open space areas. The exact location of such access(es) shall be approved by the Planning Department at the time of tentative subdivision plan review. (P) Public Streets. Ail roads which accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to state standards and taken into the state system. This condition may be modified by the Transportation Department if it is determined that the roads or any part of such roads cannot be designed for state acceptance. For any roads which accommodate general traffic circulation though the development that are not to be a part of the state system, a plan that insures the continual maintenance of the private streets shall be submitted to, and approved by, the Transportation Department. (T) (Staff Note: With the exception of Condition 20 of Case 95SN0186, all previous conditions of Case 95SN0186 shall remain in effect for the subject property.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-~26 05/28/03 03SN0239 In Dale Magisterial District, SHERRY C. GILLIAM AND MICHAEL B. CHANEY request rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (0-2). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 10.0 acres fronting approximately 600 feet on the east line of Iron Bridge Road, approximately 1,100 feet north of Whitepine Road. Tax IDs 771-671-7811, 7821, 7831 and 7901 (Sheet 17). Mr. Jacobson presented a summary of Case 03SN0239 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He noted the request complies with the Central Area Plan. Mr. Kent Gilliam, representing the applicant, recommendation is acceptable. stated the Mr. Warren called for the public hearing· No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mr. Barber, the Board approved Case 03SN0239 and accepted the following proffered conditions: 1. The following uses shall not be permitted: f. g. h. Churches and/or Sunday schools; Convalescent homes, nursing homes, and rest homes; Group care facilities; Nursery schools and child or adult care centers; Funeral homes or mortuaries; Schools/colleges, public and private; Schools, business; and, Hospitals. (P) o Prior to site plan approval, one hundred (100) feet of right-of-way on the east side of Iron Bridge Road (Route 10) measured from the centerline of that part of Route 10 immediately adjacent to the property shall be dedicated, free and unrestricted to Chesterfield County. (T) Direct access from the property to Route 10 shall be limited to one (1) entrance/exit, and this access shall align with the existing crossover on Route 10. Prior to final site plan approval, an access easement, acceptable to the Transportation Department shall be recorded across the property to ensure shared use of this access with the adjacent property to the north and south. (T) o Prior to issuance of a final occupancy permit(s) for any cumulative development on the property that would generate a significant increase in traffic above the volume of traffic that is generated by a 1,700 square foot day care facility as determined by the Transportation Department, an additional lane of pavement (ie, Third northbound lane) shall be 03-427 05/28/03 constructed along Route 10 for the entire property frontage. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of- way (or easements) required for this improvement. (T) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0244 In Midlothian Magisterial District, E?~ DEVELOPMENT CO. INC. requests rezoning and amendment of zoning district map from Agricultural (A) and Community Business (C-3) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office and light industrial uses. This request lies on 2.5 acres and is known as 840 and 900 Branchway Road. Tax IDs 741-707-3393 and 741-708-3003 (Sheet 6). Mr. Jacobson presented a summary of Case 03SN0244 and stated the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted the request conforms to the Northern Area Land Use and Transportation Plan. Mr. Andy Scherzer, representing the applicant, stated the recommendation is acceptable. Mr. Warren called for the public hearing. No one came forward to speak to the request. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 03SN0244 and accepted the following proffered conditions: 1. The public wastewater system shall be used. (U) No direct access shall be provided from the property to Courthouse Road. (T} Direct access from the property to the public road located south of the property (~Busy Street Extended") shall be limited to one (1) entrance/exit. This access shall be generally located midway of the property frontage. The exact location of this access shall be approved by the Transportation Department. (T) To provide an adequate roadway system, the developer shall be responsible for the following: ao Construction of an additional lane of pavement along Busy Street Extended for the entire property frontage; Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) 03-428 05/28/03 Prior to any site plan approval, a phasing plan for the required road improvements, as identified in proffered condition 4, shall be submitted to and approved by the Transportation Department. (T) With the exception of timbering to remove dead or diseased trees, which as been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. (EE) Architectural treatment of buildings, including materials, color and style, shall be compatible with buildings located within the development of Tax IDs 741- 708-0335 and 2854. Compatibility may be achieved through the use of similar building massing, materials, scale color or other architectural features. (P) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 16. PUBLIC HEARINGS 16.A. TO CONSIDER APPROPRIATION OF FUNDS FOR COMPREHENSIVE SERVICES Mr. Hammer stated this date and time has been advertised for a public hearing for the Board to consider the appropriation of up to $3,177,800 for Comprehensive Services. Mr. Warren called for the public hearing. No one came forward to speak to the issue. On motion of Mr. Barber, seconded by Mr. McHale, the Board appropriated up to $3,177,800 for Comprehensive Services, including $2,767,700 in state funds, $285,100 from general fund appropriations, $50,000 from the Department of Social Services and $75,000 from schools. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 16.B. TO CONSIDERAPPROPRIATION OF ADDITIONAL FUNDS FOR THE DEPARTMENT OF SOCIAL SERVICES Mr. Hammer stated this date and time has been advertised for a public hearing for the Board to consider appropriation of $523,501 in additional federal and state funds received from the State Department of Social Services. Mr. Warren called for the public hearing. No one came forward to speak to the issue. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board appropriated $523,501 in additional federal and state funds received from the State Department of Social Services. (It is noted the local match of $12,500 will be absorbed within the Social Services Department's current budget.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-429 05/28/03 16.C. TO CONSIDER A PROPOSED ORDINANCE AMENDMENT RELATING TO BOARD OF ZONING APPEALS APPLICATION FEES Mr. Glenn Larson, Assistant Director of Planning stated this date and time has been advertised for a public hearing for the Board to consider a proposed ordinance amendment relating to Board of Zoning Appeals (BZA) application fees. He further stated two different fee changes are proposed - 1) staff's proposal that would recover 100 percent of the Planning Department's costs to review BZA applications; and 2) the Planning Commission's proposal that would recover a projected 60 percent of the Planning Department's costs to review BZA applications. He noted the Planning Commission's proposal approximates the cost recovery rate for other Planning Department fees that were adopted by the Board on April 9, 2003. When asked, Mr. Larson stated staff adjusted fees in accordance with the Planning Commission's recommendation and some fees were actually reduced. He further stated staff's proposal relative to BZA appeals was $2,000, and total costs for staff review are actually substantially more than $2,000. Mr. Miller expressed concerns relative to the inadequacy of the Planning Commission's $800 recommendation for BZA appeals. Mr. Warren called for the public hearing. No one came forward to speak to the ordinance amendment. Mr. Miller again expressed concerns relative to sufficient recovery of the true cost of BZA appeals. Mr. Miller then made a motion, seconded by Mr. Warren, for the Board to adopt the Planning Commission's fee proposal, with an increase in the fee for BZA appeals to $1,200. Mr. Warren called for a vote on the motion of Mr. Miller, seconded by Mr. Warren, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-25 RELATING TO APPLICATION FEES FOR BOARD OF ZONING APPEALS REQUESTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-25. Fees. The following fees, which include the costs of hearings, advertisements and notices when required, shall be deposited simultaneously with the filing of the application: o o o 03-430 05/28/03 (d) Special exceptions: (1) Manufactured home, temporary: a. New 550.00 b. Renewal 250.00 (2) Ail others: Where all activity associated with the request, except for the parking of passenger vehicles, is confined to the living area of a dwelling .1,000.00 bo Where any activity associated with the request, except for the parking of passenger vehicles, is not confined to the living area of a dwelling .1,500.00 (e) Amend condition of special exception: (1) Per first two conditions (2) Each condition thereafter (f) Variances, setback, request to BZA: (1) (2) (g) 600.00 150.00 First ordinance section or subsection varied from 200.00 Each additional ordinance section subsection varied from 100.00 Variances, administrative: (i) or First ordinance section or subsection varied from 200.00 (2) Each additional ordinance section subsection varied from 100.00 (h) Variances, all other: (1) For any R, R-TH, R-MF, MH or A use: or (i) a. First ordinance section or subsection varied from 300.00 section 19-21 b. Each additional ordinance section or subsection varied from 100.00 (2) For any O, I, or C use: a. First ordinance section or subsection varied from 600.00 b. Each additional ordinance section or subsection varied from 100.00 Appeal to board of 1,200.00 03-4,31 zoning appeals pursuant to 05/28/03 o o o (2) That this ordinance shall become effective on July 1, 2003. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 16.D. TO CONSIDER PROPOSED ORDINANCE AMENDMENT RELATING TO REAL ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED Ms. Dickson stated this date and time has been advertised for a public hearing for the Board to consider a proposed ordinance amendment relating to real estate tax relief for the elderly and disabled. She further stated the proposed amendment would provide greater relief to approximately 700 applicants. Mr. Warren called for the public hearing. No one came forward to speak to the ordinance amendments. Discussion ensued relative to the criteria for qualifying for real estate tax relief for the elderly and disabled. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 9-24, 9-25, 9-26 AND 9-27 RELATING TO TAX RELIEF FOR THE ELDERLY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-24, 9-25, 9-26 and 9-27 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-24. Restrictions and conditions. Notwithstanding any other provision of this chapter, a dwelling or manufactured home, and up to one acre of land upon which either is situated may be temporarily exempted from taxation when any such property is owned by and occupied as the sole residence of a person at least 65 years old or a person who is determined to be permanently and totally disabled as defined by Code of Virginia, § 58.1-3217. The exemption shall be subject to the following restrictions and conditions: (a) During the preceding calendar year, the total combined income from all sources of the owners and owners' relatives living in the dwelling or manufactured home must not exceed $44,800.00 subject to adjustments as provided in section 9-26; without including in the total the first $6,500.00 of each relative's income, other than the owner's spouse who is living in the dwelling or manufactured home. The exclusion amount of $6,500.00 in relative's income shall not be subject to adjustment pursuant to section 9-26. 03-432 05/28/03 (b) Notwithstanding subsection (a), if a person qualifies for an exemption under this section, and can prove by clear and convincing evidence that the person's physical or mental health has deteriorated such that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does move in for that purpose, then none of the income of that relative or that relative's spouse shall be included in calculating the income limit; however, if the residence's owner has, within a three- year period prior to or after the relative moves into the residence, transferred to the caregiving relative assets in excess of $5,000.00 without adequate consideration then the income of the caregiver relative or that relative's spouse shall be included in calculating the income limit. The inclusion amount of $5,000.00 for relative transfers shall not be subject to adjustment pursuant to section 9-26. (c) As of December 31 of the immediately preceding calendar year, the net combined financial worth, including interest of the owners and of the spouse of any owner, excluding the value of the property for which the exemption is sought must not exceed $103,600.00 subject to adjustments as provided in section 9-26. Sec. 9-25. Schedule of exemptions permitted. (a) The amount of exemption from real estate taxation under this section shall be determined in accordance with the following schedule: Income Percentage of Exemption $0.00 through 100 $30,600.00 $30,601.00 through $41,500.00 5O $41,501.00 through $44,800.00 25 (b) The tax exemption provided by section 9-24 shall not exceed $2,000.00. Sec. 9-26. Adjustments to income and value limitations. The income and net worth limitations set forth in sections 9-24 and 9-25 of this division shall be adjusted annually to the nearest $100.00 by the same percentage increase or decrease in the previous 12 months' average Consumer Price Index-U (Ail Items 1982-1984 = 100) published by the Bureau of Labor Statistics calculated on the basis of the county's fiscal year; however, in no event shall the income and net worth limitations exceed the maximums imposed by state law. The commissioner of revenue shall recalculate the income and net worth limitations in accordance with this section on an annual basis and provide such information to the public upon request. 03-433 05/28/03 Sec. 9-27. Procedure for claiming exemption. (a) Anyone claiming an exemption shall file annually with the commissioner of the revenue, on forms to be supplied by the county, an affidavit or written statement setting forth all information required by Code of Virginia, § 58.1- 3213, and all other information required by the commissioner of the revenue to determine qualification for the exemption. The commissioner of the revenue may also make further inquiry of persons seeking the exemption, as may be reasonably necessary, including requiring answers under oath, and production of certified tax returns to determine qualification for the exemption. The affidavit or written statement shall be filed not later than April 1 of each year, but the application may be filed as late as December 31 of each year by first-time applicants or in cases of hardship as determined by the commissioner. If a person claiming an exemption is under 65 years of age, the application must include either (i) a certification by the Social Security Administration, the Veterans' Administration or the Railroad Retirement Board, or (ii) if such person is not eligible for certification by any of these agencies, a sworn affidavit by two medical doctors licensed to practice medicine in the commonwealth, stating that such person is permanently and totally disabled. The affidavit of at least one of the doctors must be based upon the doctor's physical examination of the person. The affidavit of one of the doctors may be based upon medical information that is relevant to the standards for determining permanent and total disability that is contained in the records of the civil service commissioner. (b) The exemption may be granted for any year following the date that the applicant reached the age of 65 years. A change in income, financial worth, ownership of property or other factors occurring during the tax year for which an affidavit or written statement is filed which causes the applicant to exceed or violate the limitations or conditions shall void any exemption for the following tax year. The exemption for the tax year during which the change occurred shall be prorated, with the prorated portion determined by multiplying the exemption amount by the product of the number of complete months of the year such property was properly eligible for such exemption divided by 12. (c) If a person who has been granted an exemption for a tax year, sells his sole residence and purchases another sole residence, that person will have the exemption applied to the purchased residence for the prorated portion of the tax year during which he owns the purchased residence, calculated in the same manner as provided in (b) above, but only if the person otherwise continues to qualify in all respects under the provisions of this division. (2) That this ordinance shall become effective January 1, 2004, and shall reflect adjustments to the income and net worth limitations then in effect pursuant to section 9-26 of the prior ordinance. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-434 05/28/03 16.E. TO CONSIDER A ZONING ORDINANCE AMENDMENT RELATIVE TO MOTOR VEHICLE SALES, SERVICE AND REPAIR IN A C-3 ZONING DISTRICT Mr. William Poole, Assistant Director of Planning stated this date and time has been advertised for a public hearing for the Board to consider a zoning ordinance amendment relative to motor vehicle sales, service and repair in a C-3 zoning district. He further stated the proposed amendment would allow major engine and transmission repair in C-3 districts; prohibit the sale of heavy construction-type equipment in C-3 districts; and require a conditional use for motor vehicle sales, service and repair in Village Districts. He stated staff and the Planning Commission recommend approval. Warren called for the public hearing. No one came forward to speak to the ordinance. When asked, Mr. Poole stated motor vehicle sales are currently permitted as a restricted use in C-3 districts and the proposed ordinance would require a conditional use for motor vehicle sales in Village Districts. Mr. Miller expressed concerns relative to motor vehicle sales being permitted in C-3 districts without a conditional use. He suggested that the Board direct staff to prepare a Zoning Ordinance amendment restricting motor vehicle sales in C-3 districts to conditional uses for the Planning Commission to consider and make a recommendation to the Board. After brief discussion, Mr. Miller made a motion, seconded by Mr. Barber, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-159 RELATING TO MOTOR VEHICLE SALES, SERVICE AND REPAIR IN CERTAIN COMMERCIAL AND VILLAGE ZONING DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-159 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-159. Uses permitted with certain restrictions The following uses shall be permitted in the C-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: o o o (f) Motor vehicle sales and rental, excluding commercial vehicles such as buses, tractor-trailer trucks, dump trucks, stake bed trucks, vans where the cargo area cannot be accessed from the driver's seat without exiting the vehicle and/or cab and chassis vehicles; construction equipment and 03-435 05/28/03 motor vehicle consignment lots, and as accessory to sales and rental, service and repair, to exclude body repair, provided that: (1) Motor vehicle service and repair is not located in the Chester Village Area as identified in Section 19-606. (2) Ail such uses shall be set back a minimum of 100 feet from adjacent R, R-TH, R-MF and O Districts or A Districts that are shown on the comprehensive plan for R, R-TH, R-MF or O use. This setback shall be landscaped according to section 19-522(a) (4) of the Development Standards Manual. (3) Storage yards for vehicles awaiting body repair, painting, auction or wholesale sales shall be screened from view of any adjacent properties on which such yards are not permitted or do not exist, and from external public roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use. (4) Ail garage-type doors shall be oriented away from, or screened from view of, adjacent residential or office zoned properties, external roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use. (5) There shall be no elevated display of motor vehicles. (6) Ail allowed repair activities and storage of new or replaced repair materials shall occur inside the buildings unless screened as required by Section 19-159(h). (7) Motor vehicle sales is not located in Village Districts as identified in Section 19-606. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. On motion of Mr. Miller, seconded by Mr. Warren, the Board directed staff to prepare a Zoning Ordinance amendment restricting motor vehicle sales in C-3 districts to conditional uses for the Planning Commission to consider and make a recommendation to the Board. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-436 05/28/03 16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT AND A PORTION OF A FIVE-FOOT EASEMENT ACROSS LOT 32, KRIM POINT AT GROVE, SECTION 2 Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a 16-foot drainage easement and a portion of a five-foot easement across Lot 32, Krim Point at The Grove, Section 2. Mr. Warren called for the public hearing. No one came forward to speak to the ordinance. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to W. V. MCCLURE, INC., a Virginia corporation, t/a MAIN STREET HOMES, ("GPuANTEE"), a portion of a 16' drainage easement and a portion of a 5' easement across Lot 32, Krim Point at the Grove, Section 2, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 125, at Page 86. WHEREAS, W. V. MCCLURE, INC., a Virginia corporation, t/a MAIN STREET HOMES, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portion of a 16' drainage easement and a portion of a 5' easement across Lot 32, Krim Point at the Grove, Section 2, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 125, Page 86, by E. D. LEWIS & ASSOCIATES, P.C., dated JANUARY 4, 2002, recorded MAY 7, 2002. The portions of easements petitioned to be vacated are more fully described as follows: A portion of a 16' drainage easement and a portion of a 5' easement, across Lot 32, Krim Point at the Grove, Section 2, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated FEBRUARY 25, 2003, revised on MARCH 25, 2003, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portions of easements sought to be vacated. NOW, THEREFORE, BE IT ORDAINED BY SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: THE BOARD OF 03-437 05/28/03 That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portions of easements be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portions of the plat vacated. This Ordinance shall vest fee simple title of the portions of easements hereby vacated in the property owners of Lot 32, Krim Point at the Grove, Section 2 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and W. V. MCCLURE, INC., a Virginia corporation, t/a MAIN STREET HOMES, or its successors in title, as GRANTEE. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 16.G. TO QUITCLAIM A 0.12 ACRE PARCEL OF LAND AND A PORTION OF A VARIABLE WIDTH WATER EASEMENT TO SOMMERViLLE DEVELOPMENT CORPORATION Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider a request to quitclaim a 0.12 acre parcel of land and a portion of a variable width water easement to Sommerville Development Corporation. Mr. Warren called for the public hearing. No one came forward to speak to the request. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed conveying a 0.12 acre parcel of land and vacating a portion of a variable width water easement to Sommerville Development Corporation. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. Warren requested a five-minute recess. 03-438 05/28/03 Reconvening: 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 03SN0215 In Dale Magisterial District, JOHN D. HUGHES requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-88) with Conditional Use to permit stock farm use (keeping of horses). Residential use of up to 0.5 unit per acre is permitted in a Residential (R-88) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots (suited for Residential (R-88) zoning). This request lies on 78.0 acres fronting approximately 400 feet on the south line of Beach Road, approximately 70 feet west of Gates Bluff Drive. Tax ID 763-659-6609 (Sheet 25). Mr. Jacobson presented a summary of Case 03SN0215 and stated Transportation staff is recommending that a proffered condition be received guaranteeing that the access to Beach Road would be on the western property line as far away from Gates Bluff Drive as possible. He further stated the applicant has not proffered that condition; therefore, staff has recommended denial. He further stated the Planning Commission recommends approval subject to conditions and acceptance of Proffered Conditions 1 through 9 and 11 through 15 and that Proffered Condition 10 not be accepted, indicating that the transportation issues can be addressed at the time of subdivision review. He stated that, since the Planning Commission's hearing of the case, the applicant submitted an additional proffered condition limiting the number of horses permitted on each lot to address concerns of area residents and also withdrew Proffered Condition 10 which the Commission recommended not be accepted. He further stated the applicant has submitted a revised Condition 1 which provides for a ten-foot vegetated barrier on the property similar to a buffer. When asked, Mr. Jacobson stated the exact location of the access to Beach Road will ultimately be determined by the Transportation Department. Ms. Ashley Harwell, representing the applicant, stated that Proffered Condition 6 addresses staff's concerns by limiting access to Beach Road to a single access in a location to be approved by the Transportation Department. She further stated revised Condition 1 addresses neighborhood concerns by providing for a vegetated ten-foot barrier between the properties outside the development and the properties inside the equestrian development. She stated the proposed development represents a good balance between the rural and agrarian history in the area, and requested the Board's favorable approval of the request. No one came forward to speak to the request. Mr. Miller stated he feels the applicant has provided a workable solution to address the community's issues and the proposal represents a good use of the property. 03-439 05/28/03 Mr. Miller then made a motion, seconded by Mr. Warren, for the Board to approve Case 03SN0215 subject to the conditions, including revised Condition 1 and acceptance of the proffered conditions, with elimination of Proffered Condition 10. Brief discussion ensued relative to utility easements within the ten-foot barrier. Mr. Warren called for a vote on the motion of Mr. Miller, seconded by Mr. Warren, for the Board to approve Case 03SN0215 subject to the following conditions: Fences, pasture areas, improved riding trails, exercise grounds or similar facilities shall be located a minimum of ten (10) feet from any adjacent property which is not the subject of this request. The purpose of this ten (10) foot area is to create a vegetative barrier between the equestrian subdivision and the adjoining properties. This shall not preclude the riding of horses within the ten (10) foot area. Within this ten (10) foot area, no trees two (2) inches in caliper or greater shall be removed unless dead, diseased, or dying. Utility easements which run generally perpendicular through this ten (10) foot area shall be permitted. Stables, barns, or similar structures for the housing of horses shall be located a minimum of fifty (50) feet from any adjacent property which is not the subject of this request. (Staff Note: This condition does not supercede the Health Code requirement regarding the setback for these facilities from existing or proposed wells.) No retail sales shall be permitted in association with the stock farm use. This shall not include typical yard sales at which used ~equestrian" goods may be sold nor the incidental sale of horses. There shall be no horse shows or similar activities conducted on the Property. (p) 3. Location of Equestrian Facilities on Individual Lots. The keeping of horses on individual lots shall be permitted as an accessory use to a residential dwelling which has received either a temporary or final occupancy permit on the lot. Within individual lots, improvements shall be permitted to include, but not be limited to, stables, barns, exercise grounds, and other equestrian facilities. (P) (Staff Note: Condition 10.) This condition replaces Proffered And, further, conditions: the Board accepted the following proffered The Owner (the ~Owner") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for himself and his successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Number 763-659-6609 (the ~Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-88 with Conditional Use is granted. In the event the request is 03-440 05/28/03 denied or approved with conditions not agreed to by the Owner, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. The application contains one exhibit described as follows: Exhibit A - Plan titled "Preliminary Plan, 77.96 Acres +/- Parcel, Standing in the Name of John Hughes, Dale District, Chesterfield County, Virginia", prepared by Johnson, Mirmiran & Thompson, dated August 1, 2002, last revised April 2, 2003. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Number of Lots. No more than fifteen (15) single family residential lots shall be developed on the Property. (P) Minimum House Size. Ail dwelling units shall have a minimum gross floor area of 2000 square feet. (BI) o Dedication. Forty-five (45) feet of right-of-way on the south side of Beach Road, measured from the centerline of Beach Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. This dedication shall occur in conjunction with recordation of the initial subdivision plat for the development of the Property. (T) o Shoulder Improvement. In conjunction with development of the initial subdivision, a seven (7) foot wide unpaved shoulder, with modifications approved by the Transportation Department, shall be constructed along the south side of Beach Road for the entire Property frontage. The developer shall also dedicate to and for the benefit of Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this improvement. (T) o Access. Direct access from the Property to Beach Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) No Access to Morrisett Road. There shall be no access from the Property to Morrisett Road. (T) o Equestrian Common Area. The location of the Equestrian Common Area shall be generally as shown on Exhibit A. Within the Equestrian Common Area, improvements shall be permitted to include, but not be limited to, stabling areas, riding rings, and other equestrian facilities. The keeping of horses shall be permitted within the Equestrian Common Area. No retail sales shall be permitted in the Equestrian Common Area. There shall be 03-441 05/28/03 no horse shows conducted in the Equestrian Common Area. (p) Limitation on Stock Farm Use. Any stock farm use shall be limited to the keeping of horses. (P) 10. WITHDRAWN 11. Maintenance. Ail facilities and areas associated with the keeping of horses shall be cleaned and made free of waste on a regular basis. Methods shall be employed to eliminate any odor problems and the propagation of insects. (P) 12. Manufactured Homes. Manufactured homes shall not be permitted on the Property. (P) 13. Covenant Regarding Manufactured Homes. The following shall be recorded as restrictive covenants in conjunction with recordation of any subdivision plat for the Property: UNo manufactured homes shall be allowed to become a residence, temporary or permanent." (P) 14. Cash Proffer. For each single family residential dwelling unit developed, the applicant, subdivider, or assignee(s) shall pay $9,000.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2003. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $9,000.00 per unit as 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. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees in a manner as determined by the County. (B&M) 15. The maximum number of horses per lot shall be one (1) horse per acre. When there is fractional acreage, the number of horses permitted shall be rounded to the next highest whole number. (P) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-442 05/28/03 18. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 9:06 p.m. until June 18, 2003 at 3:00 p.m. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. County Admini strat-or Cha i rman 03 -443 05/28/03