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08-22-2001 MinutesBOARD OF SUPERVISORS MINUTES August 22, 2001 Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Kelly E. Miller, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator Staff in Attendance: Mr. Skip Auld, Assistant Director, Libraries Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Mr. Allan Carmody, Budget Manager Mr. N. E. Carmichael, Commissioner of Revenue Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Ms. Karla J. Gerner, Dir., Human Resource Mgmt. 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. Phil Innis, Assistant Dir., Recreation Mr. Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Ms Mary Lou Lyle, Dir., Accounting Ms Faith McClintic, Asst. Dir., Economic Development Mr R. John McCracken, Dir., Transportation Lt Col. Dennis McDonald, Police Department Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Mr. Francis Pitaro, Dir., General Services Ms. Karen F. Russell, Risk Manager 8/22/01 01-620 Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Major Barry Woody, Sheriff's Office Mrs. Humphrey called the adjourned meeting to order at 2:00 p.m. at the Eanes-Pittman Building. The Board members attended a ribbon cutting ceremony for the new Emergency Communications Center. It was generally agreed that the Board recess to its regularly scheduled meeting in the Public Meeting Room. Reconvening: 1. APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the minutes of July 25, 2001, as submitted and August 7, 2001, as amended. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2, COUNTY,ADMINI~TRATOR'S,COMMENTS There were no County Administrator's comments at this time. 3, BOARD COMMITTEE REPORTS Mrs. Humphrey stated that she represented the County at the Virginia Association of Counties (VACo) Local Government Officials Conference in Charlottesville on August 12, 2001. She further stated that discussion evolved at the conference relative to a number of initiatives regarding the new Chesapeake Bay Preservation Act. She stated that the County has already been utilizing many of the initiatives through development standards and its efforts to protect the Swift Creek Reservoir, making it a leader in cleaning up the Chesapeake Bay. She requested that Mr. Ramsey direct staff to review the potential impacts, from both legislative and financial points of view, of the proposed initiatives. She also stated that concerns were expressed relative to new land use practices and policies adopted in Loudoun County and the impact that this action may have upon other localities throughout the State. 4.. REQUESTS TO .POSTPONE ACTION, ADDITIONS, OR C,HANGES iN THE ORDER OF PRESENTATI,ON On motion of Mr. McHale, seconded by Mr. Barber, the Board replaced Item 8.B.2.e., Set Date for Public Hearing to Consider Proposed Amendments to the County Code Relating to Regulation of Adult Uses and Refer to the Planning Commission Proposed Amendments to the Zoning Ordinance Relating to the Location of Adult Uses; replaced Item 8.B.10.b., Request for Permission 01-621 from Watermill Properties, L.L.C. and C. Richard Dobson Builders, Incorporated to Install Private Sewer Services Within Private Easements to Serve Townhouses in The Villas at Watermill, Phase 1; added Item 8.B.17., Approval of Assignment of Lease for the Communications Tower Site at the Manchester Fire Station as well as Sublease of Space on the Tower and Authorization for Staff to Advertise a Public Hearing to Consider Increasing the Lease Payment; added Item 8.B.18., Cancellation of September 12, 2001 Board of Supervisors Meeting; and adopted the Agenda, as amended. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING MS. DONNA W. LEWIS, SHERIFF'S OFFICE, UPO~ HER RETIREMENT Major Woody introduced Ms. Donna Lewis who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Donna W. Lewis began her public service with the County as a bookkeeper, budget coordinator and jail secretary for Sheriff Wingo in June 1972; and WHEREAS, in July 1972, Ms. Lewis became the first uniformed female deputy in Chesterfield County with duties as bookkeeper, canteen officer and relief deputy; and WHEREAS, on December 3, 1974, Ms. Lewis completed First Criminal Justice Academy; and WHEREAS, from October 1988 to December 1988, Ms. Lewis served as a temporary coordinator for Chesterfield's Victim Witness Assistance Program; and WHEREAS, on January 15, 1993, Ms. Lewis graduated from the Chesterfield Sheriff's Office, First Combined Basic Academy; and WHEREAS, in March 1993, Ms. Lewis was chosen ~Deputy of the Quarter"; in January 1996, served as acting Sergeant in the courts; and in September 2000, was chosen "Employee of the Quarter"; and WHEREAS, Ms. Lewis served the Sheriff's Office in many capacities ranging from Deputy Sheriff to various supervisory positions; and WHEREAS, Ms. Lewis's desire to do a good job has been a primary factor that has permitted her to perform at a very high level, while striving for excellence and going beyond the call of duty while serving Chesterfield County for twenty-nine years. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Ms. Donna W. Lewis, 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. 8/22/01 01-622 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Lewis, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and a Jefferson Cup to Ms. Lewis, accompanied by Major Woody, expressed appreciation for her dedicated service to the County, and wished her well in her retirement. Ms. Lewis expressed appreciation to recognition. the Board for the RECOGNIZING MRS. JO-ANN CLARK FOR HER CONTRIBUTIONS TO THE CHESTERFIELD/COLONiAL HEIGHTS BOARD OF SOCIAL SERVICES Mr. Hammer introduced Mrs. Jo-Ann Clark who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield/Colonial Heights Social Services Board is a citizen Board established by the Code of Virginia, responsible for oversight and policy guidance to the department in its pursuit of excellence in providing services to individuals, families and the community; and WHEREAS, Mrs. Jo-Ann Clark was appointed to the Chesterfield/ Colonial Heights Board of Social Services in July 1993 and continued in this capacity until June 2001; and WHEREAS, Mrs. Clark was an advocate for departmental needs and consistently demonstrated a commitment to the department; and WHEREAS, Mrs. Clark is and has been an active and devoted member of the Chesterfield-Colonial Heights Christmas Committee for many years, served as Christmas Mother in 1994, and has worked to ensure that in our community no family is without food, no child is without toys and clothing, and no elderly person is forgotten during the holiday season; and WHEREAS, Mrs. Clark has shown concern for children and their families and has demonstrated a genuine commitment to their protection, as well as the protection of the elderly and disabled, and has served with dedication the citizens of Chesterfield and Colonial Heights; NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Jo-Ann Clark and expresses appreciation for her dedicated and outstanding service to the Social Services Board and the citizens of Chesterfield and Colonial Heights. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Clark and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-623 8/22/01 Mr. McHale presented the executed resolution to Mrs. Clark, accompanied by Ms. Snead and members of the Social Services Board, and expressed appreciation for her dedicated service to the Social Services Board. Mr. Miller also expressed appreciation to Mrs. Clark for her service and commended her for her compassion for the citizens of both Chesterfield and Colonial Heights. Mr. David Welchons, Chair of the Social Services Board, presented Mrs. Clark with a plaque recognizing her service on the Social Services Board. Mrs. Clark expressed appreciation to the Board for the recognition and also for the opportunity to serve on the Social Services Board. RECOGNIZING FIREFIGHTER m~MER F. SCHUMACHER, III, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES, UPO~ HIS RETIREMENT Chief Elswick introduced Mr. Elmer Schumacher who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Firefighter Elmer F. Schumacher, III, retired from the Chesterfield Fire and Emergency Medical Services Department on August 1, 2001; and WHEREAS, Firefighter Schumacher attended Recruit School in 1976 and has faithfully served the County for twenty-five years in various assignments as a Firefighter at the Bon Air, Dale and Ettrick Fire Stations; as a Sergeant at the Manchester and Dale Fire Stations; and as a Lieutenant on Unit 443; and WHEREAS, Firefighter Schumacher took it upon himself to attend training, clinical rotations and testing to reach the levels of EMT-A, Cardiac Technician and Critical Care EMT-P, and earned the designation of Nationally Registered Paramedic by attending the first paramedic school held at the Medical College of Virginia, and as such became one of the first Chesterfield Fire paramedics; and WHEREAS, Firefighter Schumacher served the County as a CPR and EMT Instructor, Vehicle Extrication Instructor, ALS Preceptor, Fire Instructor as well as Basic, Light and Heavy Duty Rescue Instructor; and WHEREAS, Firefighter Schumacher worked as a dependable employee for twenty-five years including using no sick leave in 1996 and 1997; and WHEREAS, Firefighter Schumacher over his career has received two Lifesave Certificates from the Fire Department and in 1980 was awarded the Certificate of Merit, the Fire Department's highest award, for service above and beyond the call of duty. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the contributions of Mr. Elmer "Fritz" Schumacher, III, expresses the appreciation of all residents for his service to the County, and extends its congratulations upon his retirement and best wishes for a long and happy retirement. 8/22/01 01-624 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Schumacher, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and a Jefferson Cup to Mr. Schumacher, accompanied by members of his family, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Chief Elswick presented Mr. Schumacher with a shadow box containing his badges. Mr. Schumacher expressed appreciation to the Board for the recognition and the opportunity to serve the community. 5,D, RECOGNITION OF 2001 NACO ACHIEVEMENT AWARD WINNERS Ms. Cole stated that this year Chesterfield County is the recipient of 20 Achievement Awards from the National Association of Counties (NACo). She further stated that, for the fifth consecutive year, Chesterfield received the most achievement awards of any locality in the State and noted that, over the past five years, the County has received 90 NACo awards and over 200 awards since 1989. Mrs. Humphrey, accompanied by Mr. Ramsey, recognized the following recipients and presented them with the 2001 NACo Achievement Awards: Department Budget and Management Project > Tax Restructuring Plan/Tax Structure Committee County Administration > Employee of the Year Program > Streamlined Process for Administering an Organizational Climate Assessment Fire Department > Firefighter Down Rescue Training Program > Citizen Assistance After Response to Emergencies Program (CARES) > Thermal Imaging Technology Partnership > Nitrous Oxide Pilot Program > The Fire and Life Safety House Health Department > "Watch:" Women and Their Children's Health, YWCA Women's Shelter Education Program Human Resource Management > Retiree Advisory Group Libraries > Teen Read Week Survivor Booklist > Informal Teen Participation with a Statewide Youth Literature Award Committee > LINC Alive 01-625 8/22/01 Mental Health/Mental Retardation/Substance Abuse > Best Choice Parks and Recreation > Philip Morris USA Project at Henricus Park Police Department Risk Management Utilities > Success Through Education and Pro-Active Policing (STEPP) > Hearing Conservation Program > Midlothian Water Line Rehabilitation > Collocation of Communications Antenna on Water Tanks > Rewards and Recognition for Finance Administration Mrs. Humphrey and Mr. Ramsey congratulated and commended each department on their recognitions. Mrs. Humphrey requested that pictures and information relative to the award-winning initiatives be displayed in the Administration Building. 6. WORK SESSIONS o MANUFACTURED HOME PARK PROJECT Mr. Jacobson presented the strategy recommended by Planning staff and the Planning Commission to address issues within manufactured home parks intended to improve the living conditions within the parks and assist in the revitalization and improvement of the communities surrounding the manufactured homes. He reviewed the four major elements of the plan: pro- active code enforcement; amend MH-1 zoning requirements; create new MH-3 zoning district; and address substandard mobile home parks. When asked, Mr. Jacobson stated that MH-2 zoning allows homeowners to purchase lots within manufactured home subdivisions and noted that Millside is currently the only M H-2 zoned area in the County. He showed photographs of well maintained manufactured home parks as well as older parks that are not in good condition and stated that the fundamental issues include crowded conditions and public safety. Concerns were expressed relative to the existence of multi- family cabanas within the manufactured home parks. Mr. Jacobson stated that staff is proposing to lower the number and extent of standards for the MH-1 zoning, while still requiring no more than eight units per acre and sixteen feet between one unit to the other. He further stated that the new MH-3 zoning will have higher standards which will be imposed upon any new parks established in the County. He stated that the plan is to bring the existing parks to the MH-1 standards over time. He reviewed the standards that are proposed to be eliminated or reduced from MH-1 including landscaping; recreational facilities; minimum lot size; street width and setbacks. He stated that the reason for eliminating or reducing certain standards is to minimize changes that the better parks must make to comply. Mr. Miller expressed concerns recreational facilities. relative to eliminating 8/22/01 01-626 Mr. McHale expressed concerns relative to the impact decreased street widths would have on public safety. Mr. Jacobson stated that the requirement for two parking spaces per unit is not being eliminated and indicated that requiring one space to be next to the unit and allowing for group parking will provide the flexibility requested by the park owners. He further stated that parallel street parking would be permitted as long as the required sixteen foot street width was not obstructed. He stated that the method for bringing the existing parks up to the MH-1 standards will be to require that spacing standards be met as units are moved out before they can be replaced, and indicated that certain park-wide standards can be applied over time after a significant number of units has moved out and new ones moved in. Mr. Barber expressed concerns relative to the difficulty of bringing the existing parks up to the new standards, noting that units could not be replaced unless coincidentally two side by side units both moved. Mr. Miller expressed concerns relative to the County's inability to force the removal of multi-family cabanas from manufactured home parks and also the proposal for eliminating the requirement for recreational areas. Mr. Jacobson stated that the Planning Commission recommended eliminating the requirement for recreational areas after residents expressed concerns that the requirement might lead to increased rent. Discussion ensued relative to the number of rental units within the manufactured home parks. Mr. Jacobson stated that the proposal provides an incentive for park owners not to move units as residents move out; and therefore a strategy of increased code enforcement and redevelopment is proposed for substandard parks. Mr. Barber stated that he feels the proposal appears to be more of a disincentive for units to become rental property with the necessity for maintenance and improvements. He questioned the possibility of tying the provision for amenities such as playgrounds with relief from density issue requirements. Mr. Jacobson stated that, after extensive research, the Fire Department was comfortable with the minimum sixteen foot separation between units. Mr. Barber stated that he feels it would be worthwhile to have the flexibility of granting relief to various requirements as an incentive for providing amenities. Mr. Jacobson reviewed proposed standards for the new MH-3 District including lowered density to six dwelling units per acre; the provision for a recreational area; street trees; sidewalks; streetlights; and underground utilities. He stated that park owners have expressed concerns relative to the proposed MH-1 requirements for emergency access and a second access for parks containing at least ten acres, as well as setbacks. Mr. Barber expressed concerns relative to resources for providing sidewalks in manufactured home parks and noted that the County has difficulties with developers providing sidewalks in subdivisions. Mr. Jacobson stated that the Planning Commission did not feel the ordinance changes and proactive code enforcement under 8/22/01 01-627 existing codes would require owners to improve the poor, substandard parks that exist in the County. He further stated that the Commission is, therefore, recommending a two-phased program: 1) staff is to research all codes as well as police power codes and estimate impact for Board consideration; and 2) if the Board approves, request that staff prepare a redevelopment program for some of the worst parks. When asked, Mr. Jacobson stated that redevelopment could be addressed through Community Development Block Grant funds or through innovative partnerships. Mr. Barber expressed concerns relative to what would happen to the residents if the County were to purchase certain manufactured home parks for redevelopment. Mr. Jacobson stated that, if federal funding was used, the County would be required to provide relocation for the residents and, therefore, a relocation plan would be necessary. He further stated that additional affordable housing opportunities are now available in the vicinity of most of the older parks including Habitat for Humanity ventures and Winchester Green. He stated that a relocation plan would need to be developed very carefully to afford residents with better living situations and indicated that efforts would be made to encourage single family neighborhoods and businesses to invest in their community by making improvements. Mrs. Humphrey stated that she is able to distinguish between the needs of residents living peacefully in their manufactured homes and manufactured home park owners who have not properly maintained their facilities. She expressed concerns relative to the recommendation for lowering MH-1 standards. She stated that she feels recreational areas should be required in mobile home parks. She expressed concerns relative to the substandard living conditions that exist in multi-family cabanas, and stated that her primary concern is for the current and future residents of manufactured home parks rather than the needs and wishes of the manufactured home park owners. Mr. Barber expressed concerns relative to manufactured home park owners who have bank notes based on the number of units provided and the expected revenue and stated that the Board needs to be cautious relative to the impact of additional requirements of the park owners. When asked, Mr. Jacobson stated that the fears expressed by park residents relative to the proposal include increased rent and redevelopment of the park by the owner which would force them to relocate. Mr. Miller expressed concerns relative to misinformation that was purposely spread to residents of the manufactured home parks that the County wanted to eliminate the parks. Mrs. Humphrey stated that there are still a number of concerns that need to be addressed and expressed her desire to set the public hearing date for November 14, 2001 rather than September 26, 2001. 7. DEFERR~ ITEMS TO CONSIDER AMENDMENTS ~ ADOPTION OF VARIOUU ADMINISTRATIV~ POLICIES REOUiRING BACKGROUND Cw~CKS COUNTy VOLUNTEERS; RESCUE SOUAD VOLUNTEERS AND VOLUNTEERS/COACHES OF CO-SPONSORED RECREATION GROUPR Mr. Mike Chernau, Senior Assistant County Attorney, stated that the Board held a public hearing on April 4, 2001 and deferred 8/22/01 01-628 consideration of amendments and adoption of various administrative policies requiring background checks for County volunteers who work with juveniles, rescue squad volunteers and volunteers/coaches of co-sponsored recreation groups. He further stated that the Board is being asked to consider three proposals: 1) the ordinance and policies recommended by the Volunteer Background Check Committee appointed by Mr. Ramsey which were approved by the Parks and Recreation Advisory Commission; 2) Mr. Ramsey's modifications to the proposals relative to the search of the Child Protective Service Central Registry held by the Department of Social Services; and 3) an alternative proposal recommended by Mr. Miller. Mr. Miller reviewed his suggested changes to the list of barrier crimes and all other crimes that would render an individual ineligible to volunteer with juveniles, rescue squads or co-sponsored recreation groups. He proposed that the following crimes be considered barrier crimes: any felonies against the person as defined by the Code of Virginia; felonious discharge of firearms within or at occupied dwellings; any attempts or conspiracy to commit any of the listed crimes in the proposed policy; and any crimes against minors, whether felony or misdemeanor. He also proposed that no volunteer be allowed to participate if they have a pending charge against a minor until the charges have been dismissed or the person is found not guilty. He expressed concerns relative to the review of pending charges for barrier crimes against minors on a case by case basis and stated that he feels that persons who have been accused of crimes against minors should be barred until the charges are satisfactorily resolved. He stated that, although he is a proponent of less government, he feels this action is necessary for protection of children because of the County's co-sponsorship of the various organizations. Mr. Warren expressed concerns relative to obtaining information accurately and at a reasonable cost. Mr. Ramsey stated that the Volunteer Background Check Committee had recommended both the criminal and Social Services background checks. He further stated that he recommended criminal background checks only because most of the groups had expressed concerns with the extensive information required to perform the Social Services background check. He stated that there will be a significant cost savings if the Board implements criminal background checks only. Mr. Chernau stated that the cost for implementation of both checks is estimated at $60,000 to $90,000. Mr. Ramsey stated that the County implemented a background check process for its employees who work with juveniles in November 1999. He further stated that Human Resources has streamlined the process since its inception. Mr. Barber expressed concerns relative to regulation of private organizations by the County. He stated that he feels background checks are a good idea but does not feel the Board should be responsible for providing this type of security for parents simply because it provides ballfields and gym space for the organizations. He referenced teachers who had been falsely accused of crimes against minors and expressed concerns relative to barring individuals from volunteering who have pending charges. Mr. Miller stated that he feels it would be irresponsible to allow a person who has a pending charge for child molestation to volunteer with children. He further stated that he feels the best interest of children is the issue that should be considered. 01-629 Mrs. Humphrey expressed concerns relative to rescue squad volunteers with pending drug-related charges and stated that she supports Mr. Miller's proposal. Mr. McHale expressed concerns relative to background checks having a negative impact on voluntarism. He stated that many jurisdictions throughout the nation have successfully implemented background checks for volunteers. He further stated that, although the ordinance may not be perfect, it has been improved greatly and feels it is necessary to provide minimal protection of children. He stated that he supports Mr. Miller's proposed amendments as well as Mr. Ramsey's recommendation. Discussion ensued relative to implementation of the process. Mr. Barber stated that he feels it would be prudent for the Board to institute a review process for people who are denied the opportunity to volunteer because of a harmless mistake, such as the sale of cigarettes to minors, which may have been made many years ago at a much younger age. Mr. Chernau stated that limitation of the barrier crime category concerning minors to felonies might address Mr. Barber's concerns. Mr. Miller stated that it was not his intent to include an offense such as the sale of cigarettes to minors as a barrier crime. Mr. Chernau stated that a distinction could be made between felonies and misdemeanors, with misdemeanor convictions considered on a case by case basis. Mr. Barber stated that, if a standard appeals process were implemented, he feels that only persons with legitimate appeals would utilize the process, rather than persons who committed serious crimes. Mr. Micas stated the policy could include a provision that persons convicted at least five years ago of misdemeanors against juveniles could file an appeal for relief from that barrier crime. Mr. Miller stated that he feels the possibility of an appeals process for misdemeanor crimes against juveniles can be explored later, but indicated that he does not feel the issue of background checks should be delayed further. He expressed concerns that certain misdemeanor crimes against minors would be eligible for an appeal. Mr. McHale stated that he feels the Board should act upon the issue now and explore the possibility of an appeals process after implementation of the policy if concerns are expressed by constituents who are unnecessarily barred from volunteering. Mr. Barber stated that he has less reservations with putting the program into place than with adding an appeals process. He further stated that he feels the Board should take this opportunity to set up an appeals process. Mr. Miller suggested that his proposed language under Crimes Against Minors be amended to read, "Any conviction for crimes against the person or property of minors, felony or misdemeanors, inclusive of the crimes set forth above." He stated that this would provide a more narrow definition and address some of Mr. Barber's concerns. 8/22/01 01-630 Discussion ensued relative to the definition of crimes against property. Mr. Miller made a motion, seconded by Mr. McHale, for the Board to approve the administrative policies presented, as amended by Mr. Miller, requiring background checks for County volunteers, rescue squad volunteers and volunteers/coaches of co-sponsored recreation groups and adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING SECTION 2-79 RELATING TO CRIMINAL HISTORY OF VOLUNTEERS FOR COUNTY DEPARTMENTS AND RESCUE SQUADS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Code of the County of Chesterfield, 1997, as amended, is amended by re-enacting section 2-79 as follows: Section 2-79. Personnel background searches. (a) In addition to other background searches authorized by local, state or federal law, the county administrator and his designees are authorized to conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches and (3) child protective services central registry searches on full-time and part-time county employees who provide services to juveniles, and applicants for county employment, both full-time and part-time, who will provide services to juveniles and who have received a conditional offer of employment. (b) In addition to other background searches authorized by local, state or federal law, the county administrator and his designees are authorized to conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches on volunteers for county departments who will provide services to juveniles, and volunteer rescue squads. (c) The county administrator is authorized to identify employee and volunteer positions which meet the criteria of subsection (a) and (b) and to incorporate such list into an administrative policy which implements the provisions of this section. Such administrative policy shall indicate whether such searches shall be universal or random and shall identify consequences for past behavior. (c) All employees, volunteers and applicants identified in subsections (a), (b) or (c) shall execute, as a condition of employment or service, the necessary documents to permit the searches described in this section and shall cooperate with all agencies providing information. (d) Any employee disciplined as a result of a background search may grieve such discipline in accordance with the county grievance procedure. (e) In the interest of public welfare and safety it is necessary to determine whether the past criminal or protective services conduct of each person described in subsections (a) and (b) is compatible with the nature of each person's employment. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-631 8/22/01 Mr. Miller clarified that his motion included only criminal background check, not a Social Services check. Mr. Ramsey stated that some of the organizations had questioned whether the County would consider performing Social Services background checks if requested by the organization. Mr. Micas stated that, because this request was included in the agenda item, it should be considered a part of Mr. Miller's motion for approval unless he clarifies otherwise. Mr. Miller clarified that he did not intend for the issue of providing Social Services background checks for organizations upon request to be a part of his motion. Mr. Miller excused himself from the meeting. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Warren, seconded by Mr. McHale, the Board suspended its rules at the time to allow simultaneous nomination/appointment/reappointment of members to serve on the GRTC Transit System Board of Directors and the Youth Services Citizen Board. Ayes: Humphrey, Barber, McHale and Warren. Nays: None. Absent: Miller. 8.A.1. GRTC TRANSIT SYSTEM BOARD OF DIRECTORS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board simultaneously nominated/reappointed Mr. David W. Mathews, Mr. Daniel K. Smith and Mr. S. Joseph Ward, representing the County at-large, to serve on the GRTC Transit System Board of Directors, whose terms are effective October 17, 2001 and expire October 16, 2002. And, further, the Board authorized the County Administrator, or his designee, to appear at the October 17, 2001 GRTC annual meeting to vote, on behalf of the County, for the GRTC Directors appointed by the Board and by the Richmond City Council. Ayes: Humphrey, Barber, McHale and Warren. Nays: None. Absent: Miller. 8.A,~. YOUTH SERVICES CITIZEN BOA3D On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Nell Johnson, youth member representing the Bermuda District, and Ms. Kelly M. Gosnell, youth member representing the Dale District, to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2001 and expire June 30, 2002. And, further, the Board appointed Ms. Melanie K. Walker-Ford, adult member representing the Bermuda District, and Ms. Lynne Foote, adult member representing the Matoaca District, to serve 01-632 8/22/01 on the Youth Services Citizen Board, whose terms are effective July 1, 2001 and expire June 30, 2004. Ayes: Humphrey, Barber, McHale and Warren. Nays: None. Absent: Miller. Mr. Miller returned to the meeting. 8,B. CONSENT ITEMS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board removed the following items from the Consent Agenda to allow for public comment: Item 8.B.5., Approval of Request from the Planning Commission for a Time Extension for Their Recommendations on Code Amendments to Facilitate Amendments to Previously Zoned Property; and Item 8.B.15., Initiation of a Variance Application on Behalf of Tri-Cities Habitat for Humanity to Build on a Non-Conforming Lot. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.B.l.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE POLICE AND PARKS AND RECREATION DEPARTMENTS AND THE,SCHOOL BOARD TO DEFRAY THE COSTS OF THE MIDLOTHIAN VILLAGE DAY FESTIVAL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,882 from the Midlothian District Improvement Fund to various departments ($2,300 to Parks and Recreation; $250 to the Police Department; and $332 to the School Board) for renting space and equipment and providing services for the Midlothian Village Day Festival. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B,l,b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO TWR PARKS AND RECREATION DEPARTMENT FORATHLETIC FIELD MAINTENANCE AT, JAMES RIVER HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $3,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department for maintenance to the field hockey/soccer field at James River High School. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B,1,¢, FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE A MESSAGE BOARD FOR THQMAS DALE HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $8,175 from the Bermuda District Improvement Fund to the School Board to purchase a message board for Thomas Dale High School. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-633 8/22/01 8.B.2. SET DATE FOR PUBLIC HEARINGS 8.B.2.b. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO BUSINESS LICENSE FEES On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of September 26, 2001 at 7:00 p.m. for a public hearing to consider ordinance amendments relating to business license fees. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.2 .c. TO CONSIDER AMENDMENTS TO SECTION 19-5 OF THE COUNTY CODE RELATING TO ENFORCEMENT OF THE ZONING On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of September 26, 2001 at 7:00 p.m. for a public hearing to consider amendments to Section 19-5 of the County Code relating to enforcement of the zoning ordinance. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.2,d, TO CONSIDER AM~NDMMNTS TO THE COUNTY'S MASSAGE CLINIC ORDINANCE AND THE ZONING ORDINANCE R~?,~TING TO MASSAGE CLINICS On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of September 26, 2001 at 7:00 p.m. for a public hearing to consider amendments to the County's massage clinic ordinance and the zoning ordinance relating to massage clinics. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.2,e, TO CONSIDER PROPOSED AMENDMENTS TO TWm COUNTY CODF RELATING TO REGULATION OF ADULT USES AND REFER TO THE PLANNING COMMISSION PROPOSED ANmNDMmNTS TO T~F ZONING ORDINANCE RELATING TO TWm LOCATION OF ADULT USE~ On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of September 26, 2001 at 7:00 p.m. for a public hearing to consider proposed amendments to the County Code relating to regulation of adult uses and referred to the Planning Commission proposed amendments to the Zoning Ordinance relating to the location of adult uses. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.2.f. TO CONSIDER T~F APPROPRIATION OF FUNDS RECEIVED FROM THE DEPARTMENT OF MmDICAL ASSISTANCESERVICEC On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of September 26, 2001 at 7:00 p.m. for a public hearing to consider the appropriation of funds received from the Department of Medical Services. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-634 8/22/01 8.B.3. ,ADOPTION OF RESOLUTIONS 8 .B.3 .a, RECOGNIZING MISS SAP. AH ELIZABETH LANE UPON ATTAINING THE GOLD AWARD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following resolution: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Sarah Elizabeth Lane, Troop 75, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Sarah is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Sarah Elizabeth Lane on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B,3.b. RECOGNIZING MR. DENNETT K. MILLS, COMMISSIONER OF REVENUE DEPART~.NT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Dennett K. Mills will retire from the Chesterfield County Office of the Commissioner of the Revenue on October 1, 2001; and WHEREAS, Mr. Mills has served Chesterfield County faithfully since July 26, 1982 when he was hired as a field auditor for the Commissioner of the Revenue; and 01-635 8/22/01 WHEREAS, Mr. Mills began his career in public service over thirty years ago, in service to the Commonwealth of Virginia, where he not only served the taxpayers of Virginia but developed skills and aptitudes that he would later put to use in his work for Chesterfield County; and WHEREAS, Mr. Mills has displayed a persistent truthfulness and pursuit of the truth as both an auditor and as a student of the laws with regard to his duties, irrespective of popular opinion or of the consequences such pursuit might bring; and WHEREAS, Mr. Mills has often been found poring over State or County Codes or opinions of the Attorney General to be sure that he and/or his colleagues did not depart from the path intended by the legislature; and WHEREAS, Mr. Mills has helped his employers at the County to pursue excellence by asking thoughtful questions that challenged assumptions and encouraged healthy inspection; and WHEREAS, in his years of service to Chesterfield County as a field auditor and later as a senior field auditor, Mr. Mills consistently conducted honest, thorough, investigative audits; and WHEREAS, Mr. Mills has always represented his employer to the public in a dignified, courteous, and professional manner that enhanced the public trust; and WHEREAS, Mr. Mills will be remembered fondly by his close associates for his dry wit and ever-present, engaging sense of humor. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Mr. Dennett K. ("Denny") Mills, expresses the appreciation of all residents for his service to the County, and extends its congratulations upon his retirement and best wishes for a long and happy retirement. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.4. APPROPRIATION OF SUPPLEMENT FEDERAL FUNDING FOR CHILD CARE PROGRAMS CONDUCTED BY THE EXTENSION On motion of Mr. McHale, seconded by Mr. Warren, the Board appropriated $45,000 in federal funds for the continuation of the Extension Service's quality child care initiative. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8..B.6. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the 01-636 8/22/01 requirements established by of the Virginia Department the Subdivision Street Requiremen~$ 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 AND, BE IT FURTHER clear and unrestricted necessary easements for Requirements. RESOLVED, that this Board guarantees a right-of-way, as described, and any cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy resolution be forwarded to the Resident Engineer Virginia Department of Transportation. Tyne Chanae to the Secondary Svstem of State H~¢~hwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.t -229 Project: Bayhill Polnte, Section 6 · Buffalo Nickel Drive, State Route Number: 5011 From: Buffalo Nickel Tn., ( Rt. 5108) To: .05 Mi. N Of Buffalo Nickel Tn., ( Rt. 5108), a dtstance of: 0.05 miles. Right-of-way record was filed on 7/8/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 77, with a width of 50 Ft. · Buffalo Nickel Drive, State Route Number: 5011 From: Buffalo Nickel Tn., (Rt. 5108) To: Buffalo Springs Dr., (Rt. 5109), a distance of: 0.10 miles. Right-of-way record was filed on 7/8/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 77, with a width of 50 Ft. · Buffalo Nickel Turn, State Route Number: 5t08 From: Buffalo Nickel Dr,, (Rt. 5011) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 7/8/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 77, with a width of 50 Ft. · Buffalo Springs Drive, State Route Number: 5'109 From: Buffalo Nickel Dr., (Rt. 5011) To: Battlecreek Dr., (Rt. 5013), a distance of: 0.05 miles. Right-of-way record was filed on 7/8/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 77, with a width of 50 Ft. · Buffalo Springs Drive, State Route Number: 5t 09 From: Buffalo Ntckel Dr., (Rt. 5011) To: Penny Bridge Dr., (Rt. 5115), a distance of: 0.08 miles. Right-of-way record was filed on 7/8/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 77, with a width of 50 Ft. · Buffalo Springs Drive, State Route Number: 5t09 From: Penny Bridge Dr., (Rt. 5115) To: 0.06 mi. W. of Penny Bridge Dr., (Rt. 5115), a dtstance of: 0.06 miles. of this for the 01-637 8/22/01 Right-of-way record was filed on 7/8/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 77, with a width of 50 Ft. · Penny Bridge Drive, State Route Number: 5115 From: Penny Bddge Dr., (Rt. 5115) To: 0.02 Mi. S of Buffalo Spdngs Dr., (Rt. 5109), a distance of: 0.02 miles. Right-of-way record was filed on 7/8/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 77, with a width of 50 Ft. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.7. AWARD OF CONSTRUCTION CONTRACTS 8.B.7 .a. TO EARLY SUNRISE CONSTRUCTION, INCORPORATED FOR ROBINDALE ROAD DRAINAGE PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a construction contract for the Robindale Road Drainage Project to Early Sunrise Construction, Incorporated in the amount of $167,217, and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 ,B.7 .b. TO SHOOSMITH BROTHERS, INCORPORATED FOR COMPLETION OF COMMONWEALTH CENTRE PARKWAY On motion of Mr. McHale, seconded by Mr. Warren, the Board awarded a construction contract for the completion of 1,400 feet of Commonwealth Centre Parkway to Shoosmith Brothers, Incorporated in the amount of $51,210; transferred $51,210 from the Miscellaneous Drainage Improvement account to the project; and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.8. APPROVAL OF UTILITY CONTRACT~ 8.B.8.a. FOR ROSEMONT SECTION I AND A SIXTeeN INCIT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following utility contract for Rosemont Section 1 and sixteen inch waterline - Contract Number 00-0109 which includes 1,150 L.F. ± of sixteen inch oversized waterline and 395 L.F. ± of additional eight inch waterline work: Developer: Rosemont Associates Contractor: Excalibur Construction Corporation Contract Amount: Estimated County Cost for Additional Work ................. $ 5,790.00 Estimated County Cost for Oversizing ...................... $ 34,280.00 Estimated Developer Cost ........ $ 70,725.00 Estimated Total ................. $110,795.00 Code: (Refunds thru Connections - Oversizing) 5B-572VO-E4C (Cash Refund - Additional Work) 5B-572WO-E4C District: Midlothian 01-638 8/22/01 (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. FOR CHESTERFIELD GARDEN APARTMENTS AND SELF.STORAGE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following utility contract for Chesterfield Garden Apartments and Self Storage Contract Number 98-0100 which includes 1,048 L.F. ± of eight inch wastewater lines and 230 L.F. ± of eight inch water lines: Developer: Chesterfield Gardens, LP Contractor: Richard L. Crowder Construction Company Contract Amount: Estimated County Cost for Offsite Wastewater ....................... $ 30,216.45 Estimated County Cost for Offsite Water ............................ $ 4,564.00 Estimated Developer Cost ......... $198,006.78 Estimated Total .................. $232,787.00 Code: (Refunds thru Connections - Offsite Wastewater) 5N-572VO-E4D (Refunds thru Connections - Offsite Water) 5B-572VO-E4D District: Bermuda (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B,8,c, FOR BERMUDA MEDICAL COMPLEX On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a utility contract for Bermuda Medical Complex - Contract Number 00-0017 which includes an offsite extension of 125 L.F. ± of eight inch water lines: Developer: Beckwith and Duncan, LLC Contractor: William M. Harmon Contractors Contract Amount: Estimated County Cost for Offsite .......................... $ 5,177.59 Estimated Developer Cost ......... $21,144.91 Estimated Total .................. $26,322.50 Code: (Refunds thru Connections - Offsite) 5B-572VO-E4D District: Bermuda (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9. ACCEPTANCE QF PARCELS OF LAND 8,B,9,a, FOR SPEEKS DRIVE EXTENDED FROM GRAFTON SCHOOL INCORPORATED. A VIRGINIA CORPORATION On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 1.009 acres for Speeks Drive Extended from Grafton School Incorporated, a Virginia corporation, and authorized the County Administrator to execute the necessary deed. (It is noted a 01-639 8/22/01 copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9.b. ONE ALONG THE EAST RIGHT OF WAY LINE OF HARROWGAT~ ROAD. AND ONE ALONG THE WEST RIGHT OF WAY LINE QF HAPPY HILL ROAD FROM SUZANNE AND SON. On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing a total of 0.394 acres; one along the east right of way line of Harrowgate Road, and one along the west right of way line of Happy Hill Road from Suzanne and Son, L.L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9.c. ALONG T~ EAST RIGHT OF WAY LINE OF BRIGGS ROAD FROM BECKWiTH AND DUNCAN. L.L,¢, On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.10 acres along the east right of way line of Briggs Road from Beckwith and Duncan, L.L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9.d. SITUATED EAST OF THE CENTERLINE OF BUFORD RO~ FROM THE TRUSTEES OF THE ISLAMIC CENTER OF On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.31 acres situated east of the centerline of Buford Road from the Trustees of The Islamic Center of Virginia, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9.e. ALONG THE NORTHEAST RIGHT OF WAY LINE OF HICK~ ROAD FROM THE TRUSTEES OF FRIENDSHIP M~MORIAT~ BAPTIST CHURC~ On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.137 acres along the northeast right of way line of Hicks Road (State Route 647) from The Trustees of Friendship Memorial Baptist Church, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-640 8/22/01 8.B.9.f, ALONG THE EAST RIGHT OF WAY.LINE OF GOODES BRIDGE ROAD FRO~ V, CASSEL ADAMSON, JR, On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.08 acres along the east right of way line of Goodes Bridge Road (State Route 1668) from V. Cassel Adamson, Jr., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.10. REOUESTS FOR PERMISSION $,B,10,a, FROM ROBERT A. LANFORD AND JOYCE H. LANFORD TO INSTALL PRIVATE SEWER AND WATER SERVICES WITHIN A,PRIVATE EASEMENT,TO SERVE A RESIDENCE ON ADKINS ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Robert A. Lanford and Joyce H. Lanford for permission to install private sewer and water services within a private easement to serve a residence at 1103 Adkins Road subject to the execution and recordation of a sewer and water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B,10,b, FROM WATERMILL PROPERTIES, L.L,C, AND C. RICHARD DOBSON BUILDERS, INCORPORATED TO INSTALL PRIVATE SEWER SERVICES WITHIN PRIVATE EASEMENTS TO SERVE TQWNHOUSES IN THE VILLAS AT WATERMILL, PHASE I On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Watermill Properties, L.L.C. and C. Richard Dobson Builders, Incorporated to install private sewer services within private easements to serve townhouses in The Villas at Watermill, Phase 1, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B,10.~. .FROM ROBERT N. STAMBACK FOR A FENCE TO ENCROACH WITHIN A TWENTY F00T.DRAINAGE, SEWER AND STORM WATER MANAGE~RNT/BEST MANAGEMENT PRACTICE ACCESS EASE~RNT, A SIXTEEN FOOT DRAINAGE EASEMENT AND A FIVE FOOT EASEMENT AND STREETLIGHT EASEMENT ACROSS LOT 6, BON AIR RIDGE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Robert N. Stamback for a fence to encroach within a twenty foot drainage, sewer and storm water management/best management practice (SWM/BMP) access easement, a sixteen foot drainage easement and a five foot easement and 01-641 8/22/01 streetlight easement across Lot 6, Bon Air Ridge, 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.11. REOUEST TO OUITCLAIM PORTIONS OF TWO SIXTEEN FOOT WATER EASEMENTS ACROSS THE PROPERTY OF CHIPPENHAM AND JOHNSTON-WILLIS HOSPITALS, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of two sixteen foot water easements across the property of Chippenham and Johnston-Willis Hospitals, Incorporated. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.12. .AUTHORIZATION. FOR THE COUNTYADMINISTRATOR TO EXECUTE HEALTH CARE CONTRACTS FOR 2002 WITH THE VIRGINIA ASSOCIATION OF COUNTIES HEALTH BENEFITS TRUST WORKING IN CONJUNCTION WiTH MID ATLANTIC MEDICAL SERVICES, INCORPORATED AND TRIGON HEALTHKEEPERS, AND TO RENEW A DENTAL CARE CONTRACT WITH UNITED CONCORDIA COMPANIES, INCORPORATED FOB On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to enter into contracts with the Virginia Association of Counties (VACo) Health Benefits Trust working in conjunction with Mid Atlantic Medical Services, Incorporated (MAMSI) and Trigon Healthkeepers and to renew a dental care contract with United Concordia Companies, Incorporated for 2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.13. REOUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOB SUNDAYS' RESTAURANT OUTDOOR CONCERT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Sundays' Restaurant for a music/ entertainment festival permit to hold an outdoor concert on September 3, 2001, subject to conditions. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.14, APPROPRIATION OF FEDERAL TITLE IV-E FUNDS FOR COUNTy FOSTER CARE PREVENTION PROGRAMS On motion of Mr. McHale, seconded by Mr. Warren, the Board appropriated $392,795 in Federal Title IV-E funds to the Title IV-E Revenue Maximization Fund in Social Services, and authorized the creation of two full-time positions in Social Services and one full-time position in Mental Health/Mental Retardation/Substance Abuse. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-642 8/22/01 8.B.16. APPROVAL OF FY2002 CHESTERFIELD. COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the FY2002 Performance Contract between the Chesterfield Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.17. APPROVAL OF ASSIGNMENT OFLEASE FOR THE COMMUNICATIONS TOWER SITE AT THE MANCHESTER FIRE FIRE STATION AS WELL AS SUBLEASE OF SPACE QN. THE TOWER AND AUTHORIZATIQN FOR STAFF TO .SET A PUBLIC HEARING TO.CONSIDER iNCREASING THE LEASE. PAYMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the assignment and sublease of the lease for the communications tower site at the Manchester Fire Station; authorized the County Administrator to execute the consent agreement; and authorized staff to advertise a public hearing to consider increasing the lease amount, if the sublease is completed. Ayes: Humphrey, Miller, Barber, McHate and Warren. Nays: None. 8.B,18. CANCELLATION OF SEPTEMBER 12, 2001 MEETING OF THE BOARD OF SUPERVISORS On motion of Mr. McHale, seconded by Mr. Warren, the Board canceled its September 12, 2001 meeting and rescheduled all public hearings set for September 12, 2001 until September 26, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. The following item was removed from the Consent Agenda to allow for Board discussion: 8,B,2,a, ~ET PUBLIC HEARING TO AMRND THE ZONING ORDINANCE RELATING TO MANUFACTURED HOME pARK DISTRICTS Mrs. Humphrey stated that, because comments during the work session indicated there are still issues relative to the ordinance, she feels the public hearing should not be held in September. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board set the date of November 14, 2001 at 7:00 p.m. for a public hearing to consider amendments to the Zoning Ordinance relative to Manufactured Home Park Districts. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-643 8/22/01 The following items were removed from the Consent Agenda to allow for public comment: 8 .B.5. APPROVAL OF REOUEST FROM THE PLANNING COMMISSION FQ~ A TIME EXTENSION FOR THEIR RECOM~mNDATIONS ON CODE AMENDMENTS TO FACILITATE AMmNDM~NTS TO PREVIOUSLy ZONED PROPERTY Mr. George Beadles stated that he feels the Board should extend longer periods of time to the Planning Commission when referring issues for recommendation in an effort to eliminate requests for time extensions. No one else came forward to speak to the issue. On motion of Mr. Miller, seconded by Mr. McHale, the Board extended the time for the Planning Commission to make recommendations on Code amendments to facilitate amendments to previously zoned property until November 20, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.15. INITIATION OF A VARIANCE APPLICATION ON BEH~T.m OF TRI-CITIES HABITAT FOR HUMANITY TO BUILD ON A NON CONFORMING LOT Mr. George Beadles referenced the Board's adopted policy for appointing agents for Planning Commission and Board initiated zoning cases and stated that an agent was not listed in the agenda item for initiation of a variance application on behalf of Tri-Cities Habitat for Humanity. He suggested that, instead of the Board initiating applications, the application fee be provided through District Improvement Funds, thus allowing the property owner's name to appear as applicant. Mrs. Humphrey stated that Habitat for Humanity has purchased two lots in Ettrick, one of which contains 3.1 feet less than the 50 foot lot width requirement. She requested that Mr. Kirk Turner serve as the County's agent for the variance application. Mr. Stith stated that the omission of an agent was an oversight and Mr. Turner will serve as the County's agent. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board initiated a variance application for a 3.1-foot exception to the fifty-foot lot width requirement and a 597 square foot exception to the 7,000 square foot lot area requirement on behalf of Tri-Cities Habitat for Humanity. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 9. HEARINGS OF CITIZENS ON UNSC~FDULED MATTERS OR CLAIMR There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the following reports: 01-644 8/22/01 A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: LENGTH HARROWGATE PLACE, SECTION 1 Maritime Court (Route 4276) - From West Dogwood Avenue (Route 3819) to Cul-de-sac 0.06 Mi Sandwave Road (Route 1181) - From Existing Sandwave Road, 0.03 mile south of Cougar Trail Road (Route 1177) to 0.11 mile south of Cougar Trail Road (Route 1177) 0.08 Mi West Dogwood Avenue (Route 3819) - From Maritime Court (Route 4276) to Windseeker Court (Route 4269) O.O6 Mi West Dogwood Avenue (Route 3819) - From Sandwave Road (Route 1181) to Maritime Court (Route 4276) 0.04 Mi West Dogwood Avenue (Route 3819) - From Windseeker Court (Route 4269) to 0.13 mile west of Sandwave Road (Route 1181) 0.03 Mi Windseeker Court (Route 4269) - From West Dogwood Avenue (Route 3819) to Cul-de-sac 0.08 Mi HARROWGATE, 1 - SANDWAVE ROAD ADDITION Sandwave Road (Route 1181) - From Cougar Trail Road (Route 1177) to 0.03 mile south of Cougar Trail Road (Route 1177) 0.03 Mi Sandwave Road (Route 1181) - From West Dogwood Avenue (Route 3819) to 0.03 mile south of West Dogwood Avenue (Route 3819) 0.03 Mi JESSUP FARMS. SECTION D Turner Road (Route 2358) - From Bayview Drive (Route 2357) to .08 mile south of Bayview Drive (Route 2357) 0.O8 Mi ROLLING HILLS,. SECTION D Corcoran Court (Route 4399) - From Corcoran Drive (Route 4394) to Cul-de-sac 0.03 Mi Corcoran Drive (Route 4394) - From Belmont Road (Route 651) to Corcoran Place (Route 4398) O.O8 Mi Corcoran Drive (Route 4394) From Corcoran Place (Route 4398) to Corcoran Court (Route 4399) 0.09 Mi Corcoran Drive (Route 4394) - From Corcoran Court (Route 4399) to Cul-de-sac Corcoran Place (Route 4398) - From Corcoran Drive (Route 4394) to Cul-de-sac 0.08 Mi 0.08 Mi SAINT JAMES WOODS, SECTION F Crawford Wood Place (Route 6057) Drive (Route 6051) to Cul-de-sac - From Hardwood 0.06 Mi 01-645 8/22/01 Hardwood Court (Route 6064) - From Hardwood Drive (Route 6051) to Cul-de-sac Hardwood Place (Route 6059) - From Hardwood Drive (Route 6051) to Cul-de-sac Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 0.07 Mi 0.09 Mi On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Eanes-Pittman Building for dinner. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: 12, INVOCATION Reverend Dr. Ivan W. Perkinson, Pastor of Matoaca Christian Fellowship, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO T~ FLAG OF THE UNITED STATE~' Eagle Scout Gregory Gilliam led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING BOY SCOUTS UPON ATTAINING TWm RANK EAGLE SCOUT 14.1. JEROME ADRIAN JACKSON, CLOVER HILL DISTRICT Mr. Hammer introduced Mr. Jerome Jackson 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. Jerome Adrian Jackson, Jr., Troop 499, sponsored by Second Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and 01-646 8/22/01 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, Jerome has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jerome Adrian Jackson, Jr. 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. (It is noted Mr. Jackson was unable to attend the meeting and staff will forward the resolution to him.) 14,2, RyAN EASTMAN JONES, MATOACA DISTRICT Mr. Hammer introduced Mr. Ryan Jones 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. Ryan Eastman Jones, Troop 879, sponsored by Saint Mark's 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, Ryan has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Ryan Eastman Jones 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Jones, accompanied by his parents, congratulated him on his outstanding achievement, and wished him well in his future endeavors. 01-647 8/22/01 Mr. Jones expressed appreciation to his Scoutmaster, his parents, members of his troop and God for their support. 14.3. GREGORY LERONE GILLIAM, JR., DALE DISTRICT Mr. Hammer introduced Mr. Gregory Gilliam 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. Gregory Lerone Gilliam, Jr., Troop 883, sponsored by Southside Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Gregory has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Gregory Lerone Gilliam, Jr. 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Gitliam, accompanied by his parents, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Gilliam expressed appreciation to the Board for the recognition and also to God, his scoutmaster, members of his troop and his parents for their support. 14.4. NICHOLAS ULRICH BECKER, MIDLOTHIANDISTRI~T Mr. Hammer introduced Mr. Nicholas Becker 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 01-648 8/22/01 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. Nicholas Ulrich Becker, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Nicholas has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Nicholas Ulrich Becker 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: Humphrey, Miller, Barber, McHale and Warren. Nays: None. (It is noted Mr. Becker was unable to attend the meeting and staff will forward the resolution to him.) 16, HEARINGS QF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS O CLAIM OF RETIRED POLICE OFFICER A, V, ~'BUCK" MADDRA Mr. Micas stated that the claim of retired police officer A. V. "Buck" Maddra is similar to a claim of eight police officers heard by the Board in June 1999. He further stated that staff recommends denial of the claim based on the information in the agenda item. Mr. Ned Mikula, representing retired police officer A. V. "Buck" Maddra, presented a brief history of Mr. Maddra's 34 years with the Police Department during which he arose to the rank of major. He stated that Mr. Maddra's claim is being made in an effort to rectify pay discrepancies. He further stated that, after the claim was filed, information was received that indicated an adjustment was provided to Mr. Maddra in October 1997, in the amount of $3,869, as an attempt by the County to partially rectify the injustices. He noted that the petition is now being amended to reflect the figure of $53,149. He stated that he feels it is an uncontested fact that the salary injustices did occur. He introduced Mr. Jeff Thomas, a former certified public accountant employed by Mr. Maddra to review his personnel files relative to compensation, and requested one additional minute to address the Board following Mr. Thomas addressing the Board. Mr. Jeff Thomas stated that, after reviewing Mr. Maddra's complete personnel file focusing on compensation adjustments, he has determined that Mr. Maddra's pay was negatively impacted on two separate occasions that perpetuated over a number of years until his retirement. He further stated that the County 01-649 8/22/01 Attorney has acknowledged the detrimental impact the salary practice had to affected employees and the Police Department acknowledged that the policy was inappropriate and unfair, changing it in 1994 retroactive to 1992. He stated that both occasions in which Mr. Maddra's pay was negatively impacted occurred before the corrective action was taken by the Police Department. He further stated that, in late 1997, the Police Department awarded a special salary adjustment to Mr. Maddra of $3,869 to compensate for the accumulated deficiencies. He stated that, after reviewing the County Attorney's response, Mr. Maddra's claim is now being amended to $53,149 to provide credit to the County for the corrective adjustment made in 1997. He stated that his review of Mr. Maddra's records suggested that Mr. Maddra has not been compensated fairly, and requested that the Board approve the claim. Mr. Mikula stated that he feels, through documentation and Mr. Thomas's evaluation, a discrepancy in pay has been demonstrated which deserves the Board's attention, not only because of his valuable public service, but also because it is the fair and right thing to do from a compensation standpoint and a fundamental fairness standpoint. Mrs. Humphrey stated that the Board's hearing of claims involving County funds is a part of the process that needs to be followed prior to a claimant filing suit, and indicated that the County Attorney's office will handle the dispute in court. Mrs. Humphrey then made a motion, seconded by Mr. Barber, for the Board to deny the claim of retired police officer A. V. "Buck" Maddra. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 15, REOUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED OM THE CONSENT AGENDA TO BE W~ARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES W~RRE THE APPLICANT ACCEPTS THE RECOM~RNDATIONAND THERE IS NO OPPOSITION CASES WHERE THE APPLICANT DOES NOT ACCEPT THR RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 (Amended) In Matoaca Magisterial District, AMERICAN TOWER, L.P. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots. This request lies on 7.5 acres fronting approximately twenty (20) feet on the north line of Hickory Road, approximately 450 feet east of Graves Road. Tax ID 770-624-Part of 0068 (Sheet 40). Mr. Jacobson stated that the applicant is requesting a deferral until September 26, 2001. Mr. Brennen Keene, representing the applicant, stated that the applicant received notification from the Federal Aviation Administration that it may be necessary to place an air obstruction light on the proposed tower. He requested a deferral until September 26, 2001 to allow the applicant time to address this issue. 01-650 8/22/01 Mr. George Beadles expressed concerns relative to the lengthy process for approval of tower sites and stated that he feels the County should establish criteria for siting towers by right, thereby streamlining the process. There being no one else to speak to the deferral, the public hearing was closed. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board deferred Case 01SN0237 until September 26, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0163 01PD0171 In Midlothian Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map and appeals the Planning Commission's Substantial Accord Determination to permit a communications tower with height exception in a Residential (R-40) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 1.8 acres fronting approximately ninety-five (95) feet on the south line of Robious Road, across from Polo Parkway. Tax ID 738-714-Part of 6361 (Sheet 2). Mr. Jacobson stated that Mr. Barber has requested a deferral until September 26, 2001. Mr. Steve Romine, representing the applicant, stated that Mr. Barber's request for deferral is acceptable. No one came forward to speak to the deferral. On motion of Mr. Barber, seconded by Mr. Miller, the Board deferred Cases 01SN0163 and 01PD0171 until September 26, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01~N0245 In Midlothian Magisterial District, ALLEN L. KIDD requested 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 residential use of 1.51 to 4.0 units per acre. This request lies on 5.6 acres fronting approximately 820 feet on the west line of North Arch Road across from Arboretum Parkway, approximately 120 feet south of Knightsbridge Road. Tax IDs 752-704-1695 and 752-705-2621, 3439 and 3751 (Sheet 6). Mr. Jacobson stated that Mr. Barber has requested a deferral until September 26, 2001. Mr. Dean Hawkins, representing the applicant, stated that Mr. Barber's request for deferral is acceptable. There being no one else to speak to the deferral, the public hearing was closed. 01-651 8/22/01 After brief discussion, on motion of Mr. Barber, seconded by Mr. Warren, the Board deferred Case 01SN0245 until September 26, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. In Matoaca Magisterial District, THE CHESDIN CO LLC requested amendment to zoning (Case 95SN0161) to increase the allowable number of lots on 2,170 acres and Conditional Use to allow a private recreational facility on 2.0 acres of the 2,170 acres and amendment of zoning district map in a Residential (R-88) District. Residential use of up to 0.6 units per acre is permitted in a Residential (R-88) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 - 5 acre lots. This request fronts in two (2) places for a total of approximately 5,000 feet on the south line of Ivey Mill Road, also fronting Chesdin Landing Drive and includes all recorded lots in Chesdin Landing Subdivision, Sections 1 through 6 and resubdivided lots, Chesdin Shores Subdivision, Sections 1 and 3 and Tax IDs 728-627-0046; 728-631-0931; 729-624-7493; 730- 625-8623; 730-627-5010; 730-630-2225; 731-623-7418; 731-625- 6677; 732-623-0229, 1536 and 3456; 733-626-0761; 734-630-1881; 735-627-1212; 736-629-6435; 737-624-5558; 737-626-0331; 738- 626-6864; and 738-628-0881 and 7631. (Sheets 38 and 39). Mr. Jacobson stated that at its August 21, 2001 meeting, the Planning Commission deferred consideration of Case 02SN0111 until September 18, 2001. He further stated that because of the Planning Commission's action, the Board should defer consideration of the case until September 26, 2001. Mr. Scott Camp, representing the applicant, stated that the recommendation for deferral is acceptable. No one came forward to speak to the deferral. Mrs. Humphrey requested that Planning staff double advertise the case so that it can be heard at the Board's September 26, 2001 meeting. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board deferred Case 02SN0111 until September 26, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. In Bermuda Magisterial District, EDWARD LEE AND GAYE L. MADISON requested renewal of Mobile Home Permit 92SN0161 to park a mobile home in a Residential (R-7) District. The density of this proposal is approximately 1.76 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 - 4 units per acre. This property is known as 7811 Pioneer Street. Tax ID 789-677-2015 (Sheet 18). Mr. Jacobson presented a summary of Case 02SR0104 and stated that staff recommends approval for seven years subject to conditions. Mr. Edward Madison, accompanied by his daughter, stated that 01-652 8/22/01 the recommendation is acceptable. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 02SR0104, subject to the following conditions: The applicants shall be the owners and occupants of the mobile home. o Mobile 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 mobile home site, nor shall any mobile home be used for rental property. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0230 (Amended) In Matoaca Magisterial District, GEMM, LLC requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 60.3 acres lying approximately 1,580 feet off the east line of Winterpock Road at the southern terminus of West Hensley Road. Tax IDs 723-658-2374 and 5510 and 724-658-3532 {Sheet 23). Mr. Jacobson presented a summary of Case 01SN0230 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Mr. Delmonte Lewis, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the case. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 01SN0230 and accepted the following proffered conditions: 1. The public water and wastewater systems shall be used. (u) 2. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead 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) 3. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permits for infrastructure improvements within the service district for the property. a. $7,800 per dwelling unit, if paid prior to July 1, 2001; or 01-653 8/22/01 The amount approved by the Board of Supervisors not to exceed $7,800 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2000, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2001. In the event the cast payment is not used for the purpose for which proffered within 15 years of receipt the cash shall be returned in full to the payer. (B&M) Development shall not exceed a density of 2.0 dwelling units per acres. (P) Development Name. This development shall not be named Summerford nor shall Summerford be incorporated into this Development's name. (P) Minimum House Size. Ail dwelling units shall have a minimum gross floor area of 2,100 gross square feet except two (2) story units, which shall have a minimum gross floor area of 2,500 square feet. (P) o Access. Direct access from the property to West Hensley Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) o Right of Way Improvement~. In conjunction with development of any subdivision section with direct access to West Hensley Road, additional pavement shall be constructed along West Hensley Road at the approved access to provide left and right turn lanes, based on Transportation Department standards. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for these road improvements. If any road improvement described herein is provided by others, then such road improvements shall be deemed satisfied. (T) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. In Bermuda Magisterial District, SONNY CURRIN requested amendment to Conditional Use Planned Development (Case 87S114) and amendment of zoning district map to delete a condition relating to signage. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed uses. This request lies in a Neighborhood Business (C-2) District on 5.0 acres and is known as 11115 Iron Bridge Road. Tax ID 774-657-5325 (Sheet 25). Mr. Jacobson presented a summary of Case 01SN0248 and stated that the Planning Commission and staff recommend approval subject to one condition. Mr. Henry Moore, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the Case. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 01SN0248 subject to the following condition: 01-654 8/22/01 With the exception of signs, development shall conform to Corridor Overlay District Standards. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 0lSN0250 In Midlothian Magisterial District, BUFORD ROAD BAPTIST CHURCH requested Conditional Use and amendment of zoning district map to permit a private school in a Residential (R-15) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 9.8 acres and is known as 819 Buford Road. Tax ID 758-710-2463 (Sheet 7). Mr. Jacobson presented a summary of Case 01SN0250 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. Mr. Adam Kohout, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the case. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 01SN0250 subject to the following conditions: Except where the requirements of the underlying Residential (R-15) zoning are more restrictive, any new development for school use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth Areas. (P) The following setback criteria shall apply to any outdoor play fields, courts, swimming pools and similar active recreational areas: With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, all active play fields, courts, swimming pools or similar active recreational facilities which could accommodate organized sports such as football, soccer, basketball, etc., shall be located a minimum of 100 feet from adjacent property in R Districts. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19- 522(a) (2) of the Zoning Ordinance. bo If active play fields, courts, swimming pools and similar active recreational areas are set back more than 100 feet from adjacent property in R Districts, the landscaping or other design features described in Condition 2.a. may be modified by the Planning Department at the time of site plan review. Such modification shall accomplish mitigation of the visual and noise impacts that sports or related activities have on adjacent properties equivalent to the 100 foot setback/landscaping requirements described in Condition 2.a. Any playground areas (swings, jungle gyms or similar such facilities) shall be setback a minimum of forty (40) feet from all property lines· (P) 01-655 8/22/01 (NOTE: These conditions would not apply to any permitted use, such as a church, on the property.) And, further, conditions: the Board accepted the following proffered Within thirty (30) days from the date the Board of Supervisors approve this request, thirty-five (35) feet of right-of-way on the east side of Buford Road, measured from the centerline of that part of Buford Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Buford Road shall be limited to the one (1) existing entrance/exit, generally located towards the southern property line. (T) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0256 In Matoaca Magisterial District, FREDERICK AND MARIANNE YAKELEWICZ request Conditional Use and amendment of zoning district map to permit a stock farm (to allow the keeping of horses) and horse training and riding facility in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots. This request lies on 12 acres fronting approximately 430 feet on the east line of Branders Bridge Road, approximately 500 feet north of Lakeview Road, also fronting approximately 500 feet on the north line of Lakeview Road approximately 700 feet east of Branders Bridge Road. Tax ID 794-623-5456 (Sheet 41). Mr. Jacobson presented a summary of Case 01SN0256 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the Southern and Western Area Plan. Mr. Frederick Yakelewicz, accompanied by Mrs. Marianne Yakelewicz, stated that the recommendation is acceptable. Mr· Nell Pearse, representing his Aunt Beverly Pearse, who owns English Village Apartments adjacent to the subject property, expressed concerns relative to locating a stock farm in a residential district. He stated that the apartment complex has been well maintained for many years and requested that the Board consider the residents of the apartment complex before making its decision. When asked, Mr. Pearse stated that English Village Apartments is located in the City of Colonial Heights adjacent to the boundary line for Chesterfield County. He again expressed concerns relative to locating a stock farm in the vicinity of single-family and multi-family homes. Mr. Barber referenced a horse farm that located in a residential neighborhood in Midlothian and indicated that it was a welcome addition to the area. Mr. Pearse stated that he feels a twelve-acre parcel is inadequate for operating a stock farm and expressed concerns relative to the possibility of other farm animals being permitted on the property. He further stated that he feels the 01-656 8/22/01 odor from a stock farm would have a negative impact on the residential community. Mr. Barber stated that he feels the twelve-acre parcel is sufficient for the six horse limit, and indicated that he has received no complaints relative to odor from the horse farm in Midlothian. When asked, Mr. Jacobson stated that the conditions would limit the applicant to six horses, with no other farm animals permitted. Mr. George Beadles suggested that providing a farm plan to the James River Soil and Water Conservation District could be a standard requirement for any stock farm in the County. Mr. Yakelewicz stated that he has received no complaints in the nine years he has lived on another piece of property where he kept horses. Ms. Beverly Pearse stated that she had driven by the applicants' existing facility and did observe an odor when passing the property. There being no one else to speak to the Case, the public hearing was closed. Mrs. Humphrey stated that she sees this as an opportunity to remove another area of R-7 zoning in the County. Mrs. Humphrey then made a motion, seconded by Mr. Barber, for the Board to approve Case 01SN0256 subject to the following conditions: This Conditional Use shall be granted to and for Frederick and Marianne Yakelewicz, exclusively, and shall not be transferable nor run with the land. (P) o The permitted uses shall be limited to the keeping of six (6) horses as well as the teaching of horseback riding and other horse skills. No retail sales shall be permitted. There shall be no horse shows nor other uses or activities which would necessitate the assembly of more than eight (8) persons at any one time exclusive of the applicants and their immediate family. (P) o o Ail facilities and areas associated with the keeping of horses (stables, pastures, etc.) shall be cleaned and made free of waste on a regular basis. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) Facilities and areas (stables, pastures, horse rings, etc.) associated with the keeping of stock animals shall be located a minimum of fifty (50) feet from other adjacent properties and public rights of way. (P) (NOTE: In addition to these setbacks, accessory structures such as stables and storage sheds must conform to the setback requirements of the Zoning Ordinance for accessory structures in the underlying zoning district.) o One (1) parking space shall be provided for each two (2) students on the property at any one time. (P) No outdoor lighting shall be permitted other than security lighting. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0258 In Bermuda Magisterial District, JAMES B. AND BRENDA G. JONES request Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 4.01 to 7.0 units per acre. This request lies on 0.5 acre and is known as 14308 Rivermont Road. Tax ID 823-645-4791 (Sheet 35) . Mr. Jacobson presented a summary of Case 01SN0258 and stated that the Planning Commission and staff recommend approval subject to conditions. Mrs. Brenda Jones stated that the recommendation is acceptable. When asked, Mrs. Jones stated that, before providing day care in her home, she contacted the County and was told that the only requirement was a business license. She further stated the she provides day care for nine to twelve children in her home. Mrs. Carolyn Pacer-Ramsey, Executive Director of Families First of Virginia, expressed support of licensed quality child care providers and urged the Board to support the proposal. There being no one else to speak to the case, the public hearing was closed. On motion of Mr. McHale, seconded by Mr. Warren, the Board approved Case 01SN0258 subject to the following conditions: This Conditional Use shall be granted to and for James B. and Brenda G. Jones, exclusively, and shall not be transferable nor run with the land. (P) There shall be no external additions or alterations to the existing structure to accommodate this use. (P) There shall be no signs permitted to identify this use. (p) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17. PUBLIC HEARINGS 17 .A. TO CONSIDER AN O~DINANCE REOUIRING BEST MANAGEMENT PRACTICE MAINTENANCE FEES FOR APARTMENTS LOCATED IN THE UPPER SWIFT CREEK WATERSHED Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance requiring best management practice maintenance fees for apartments located in the Upper Swift Creek Watershed. Ms. Diana Parker, representing the Sierra Club, stated that the proposed ordinance is another tool to ensure BMP facility maintenance in the Upper Swift Creek Watershed. There being on one else to speak to the issue the public hearing was closed. ' 01-658 8/22/01 Mr. Warren expressed appreciation to Ms. Parker for her positive articles relative to the County's efforts in the area of BMP maintenance as an example of environmental policy. Mr. Warren then made a motion, seconded by Mrs. Humphrey, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-233 RELATING TO SURETY FOR MAINTENANCE OF BEST MANAGEMENT PRACTICE FACILITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-233 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 19-233. Resource management area regulations. Any use, development or redevelopment of land shall meet the following performance criteria: o o o (e) If the best management practices utilized in a commercial development require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a maintenance/ easement agreement, commercial surety bond, bank letter of credit or other assurance satisfactory to the director of environmental engineering. If the best management practices utilized for a residential development require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a commercial surety bond, bank letter of credit or cash escrow in an amount equal to $100 for each dwelling unit in a residential development. The requirement excludes apartment developments outside the Swift Creek Reservoir watershed. The form of any bond or letter of credit provided pursuant to this section shall be subject to approval by the county attorney. o o o (2) That this ordinance shall immediately upon adoption. become effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17,, B. TO CONSIDER AN ORDINANCE AMEND~mNT RELATING TO FAMILY DAY CARE HOMES Mr. Stith stated that this date and time has been advertised for a public hearing to consider an amendment to the Zoning Ordinance relating to family day care homes. Ms. Carolyn Pacer-Ramsey commended the Board and the Planning Commission for taking an aggressive approach to the issue of family day care homes. She requested that the Board adopt the ordinance and take a stand for County families by providing the option of quality environments for children. 01-659 8/22/01 Ms. Penny Condrey, representing Memorial Child Guidance Clinic, stated that the organization supports the proposed ordinance and feels it will encourage compliance and also provide for a higher level of care by child care providers. Mr. Bruce King expressed appreciation to the Board for taking a pro-active approach to child day care. There being no one else to speak to the ordinance, the public hearing was closed. Mr. Miller expressed concerns relative to home day cares being business uses in residential areas, but indicated that he will support the proposed ordinance. When asked, Ms. Beverly Rogers, Assistant Director of Planning for Zoning and Special Projects, stated that the proposed ordinance was generated because of concerns expressed by family day care providers relative to the fee for a conditional use request. She further stated that it was the consensus of the day care providers that other providers would be more likely to comply with requirements of the County Code if the fee were reduced. She stated that the remainder of the proposed ordinance is designed to bring the County's ordinance into compliance with State law which limits the number of children permitted in the home to a maximum of twelve, but also allows a family day care provider who keeps less than five children to have an employee who does not reside in the home. Discussion ensued relative to regulation of adult day care providers in the home. When asked, Ms. Rogers stated that adult day care is not regulated by the proposed ordinance. Mr. Barber questioned whether adult day care providers must be licensed similar to child day care providers. He stated that the proposed fee structure might also be applicable for adult day care providers. He questioned whether the State regulates providers of adult day care in the home. Ms. Rogers stated that she is unaware of how the State regulates the use, but indicated that, under the County's ordinance, adult day care providers would be required to apply for a conditional use which has a higher fee than that proposed for family day care. She further stated that she is not aware of any providers who have applied for, and received, such a permit. Mr. Barber stated that he feels it would be wise to prepare an ordinance for adult day care providers similar to the proposed ordinance for home child care providers. Ms. Rogers stated that a special zoning permit would not be needed for either child care or adult day care if the facility were located in certain commercial districts. She further stated that the conditional use is required for residential districts. Mrs. Humphrey stated that she feels the issue of an ordinance regulating adult day care providers is much broader than the application fee. Mr. Barber requested that staff research the issue of State licensing and regulation requirements for adult day care and stated that the County could adopt an ordinance to reflect State requirements at a fee structure similar to the one for home child care providers. 01-660 8/22/01 Mrs. Humphrey stated that the State is currently concentrating efforts on the issue of adult day care versus group homes. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-25, 19-65, 19-67, 19-102, 19-104, 19-109, 19-124 and 19-301 AND ADDING SECTION 19-70.1, 19-75.1, 19-80.1, 19-85.1, 19-90.1, 19-95.1, 19-107.1, 19-118.1, 19-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19-122.7 ANI) 19-122.8 RELATING TO FAMILY DAY CARE HOMES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (i) That Sections 19-25, 19-65, 19-67, 19-102, 19-104, 19-109, 19-124 and 19-301 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted and Sections 19-70.1, 19-75.1, 19-80.1, 19-85.1, 19-90.1, 19-95.1, 19-107.1, 19-118.1, 19- 122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19- 122.7 and 19-122.8, are added 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 (b) Conditional uses and special exceptions: o o o (3) Family day-care homes $250.00 (4) Planned development: Without zoning reclassification 2,500.00 Plus, per acre 15.00 With zoning reclassification 2,800.00 Plus, per acre for the first 200 acres 60.00 Plus, per acre over 200 acres 20.00 Amend condition of planned development to include a condition of a textual statement, per first two conditions 1,600.00 Each additional condition thereafter 400.00 (s) Ail others Plus, per acre 1,250.00 30.00 (6) No applicant for a conditional use or planned development for any office, commercial or industrial use within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the 01-661 8/22/01 director of planning determines that the request is in compliance with the comprehensive plan. This exemption shall continue for the life of the Enterprise Zone.2 2 The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. o o o Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: o o o (b) Family day-care homes, provided that no more than five children exclusive of the provider's own children and any children who reside in the home receive care at any one time during a 24-hour day. o o o Sec. 19-67. Conditional uses. The following uses may be allowed by conditional use in the R-88 District, subject to the provisions of section 19-13: o o o (j) Child and adult care centers and nursery schools. o o o Sec. 19-70.1. Uses Permitted with certain restrictions. The following uses shall be permitted in the R-40 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. o o o Sec. 19-75.1. Uses Permitted with certain restrictions. The following uses shall be permitted in the R-25 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. o o o 01-662 8/22/01 Sec. 19-80.1. Uses Permitted with certain restrictions. The following uses shall be permitted in the R-15 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. o o o Sec. 19-85.1. Uses Permitted with certain restrictions. The following uses shall be permitted in the R-12 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. o o o Sec. 19-90.1. Uses Permitted with certain restrictions. The following uses shall be permitted in the R-9 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. o o o Sec. 19-95.1. Uses Permitted with certain restrictions. The following uses shall be permitted in the R-7 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. o o o Sec. 19-102. Uses permitted with certain restrictions. The following uses shall be permitted in the R-TH District subject to compliance with the following conditions and other applicable standards of this Chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: o o o (b) Family day-care homes, provided that no more than five children exclusive of the provider's own children and any children who reside in the home receive care at any one time during a 24-hour day. 01-663 8/22/01 o o o Sec. 19-104. Conditional uses. The following uses may be allowed by conditional use in the R-TH District, subject to the provisions of section 19-13: (a) Child and adult care centers and nursery schools. o o o Sec. 19-107.1 Uses permitted with certain restrictions. The following uses shall be permitted in the R-MF District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Family day-care homes provided that no more than five children exclusive of the provider's own children and any children who reside in the home receive care at any one time during a 24-hour day. o o o Sec. 19-109. Conditional uses. The following uses may be allowed by conditional use in the R-MF District, subject to the provisions of section 19-13: (a) Child and adult care centers and nursery schools. o o o Sec. 19-118.1. Uses Permitted with certain restrictions. The following uses shall be permitted in the MH-2 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. o o o Sec. 19-122.2 Uses Permitted with certain restrictions. The following uses shall be permitted in the MH-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. Sec. 19-122.3 Sec. 19-122.4 o o o Accessory Uses, buildings and structures. o o o Accessory use required conditions. 01-664 8/22/01 ooo Sec. 19-122.5 Conditional uses. Sec. 19-122.6 Sec. 19-122.7 o o o Special exceptions. ooo Required conditions. o o o Sec. 19-122.8 Site plan required. o o o Sec. 19-124. Uses permitted with certain restrictions. o o o (b) The following uses shall be permitted in the A 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 section 19-13: o o o (2) Family day-care homes provided that no more than five children exclusive of the provider's own children and children who reside in the home receive care at any one time during a 24-hour day. o o o Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: o o o Family day-care home: A dwelling unit in which the provider resides that is used to provide care, protection and guidance to one through twelve children exclusive of the provider's own children and any children who reside in the home when at least one child receives care for compensation. Family day-care homes are not subject to the requirements governing home occupations. o o o (2) That this ordinance shall become immediately upon adoption. effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17 .C. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A,TEN FOOT TEMPORARY CONSTRUCTION EASEM~ ACROSS LOT 11, HOLLYMEADE SUBDIVISION, SECTION B Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a 01-665 8/22/01 portion of a ten foot temporary construction easement across Lot 11, Hollymeade Subdivision, Section B. No one came forward to speak to the ordinance. On motion of Mr. Miller, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to DEAN T. PATRICK, ("GRANTEE"), a portion of a 10' temporary construction easement across Lot 11, Hollymeade Subdivision, Section B, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 113, at Page 89. WHEREAS, DEAN T. PATRICK, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 10' temporary construction easement across Lot 11, Hollymeade Subdivision, Section B, DALE Magisterial District, Chesterfield County, Virginia, more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 113, Page 89, by BALZER AND ASSOCIATES, INC., dated JUNE 27, 2000, and recorded OCTOBER 31, 2000. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 10' temporary construction easement, across Lot 11, Hollymeade Subdivision, Section B, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated MAY 29, 2001, 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 portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the ~ ~L~, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of 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 portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of easement hereby vacated in the property owner of Lot 11, within Hollymeade Subdivision, Section B, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and DEAN T. PATRICK, or his successors in title, as GRANTEE. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-666 8/22/01 17,D, TO CONSIDER LEASING, COUNTY PROPERTY AT, ~RNRICUS VISITORS CENTER Mr. Stith stated that this date and time has been advertised for a public hearing to consider leasing of space in the Henricus Visitors Center to the Virginia Audubon Council. When asked, Mr. Micas stated that Mrs. Humphrey's membership in the Virginia Audubon Society would not constitute a conflict of interest under the Virginia Conflict of Interest Act if she participates in this matter. Mr. George Beadles questioned whether events held at Henricus Park would require permits from both Chesterfield County and Henrico County if the portion of Henricus that is located in Henrico is used for the events. Mr. Micas stated that the lease is for space in the Henricus Visitors Center only and is unrelated to the land. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved the leasing of space in the Henricus Visitors Center to the Virginia Audubon Council and authorized the Chairman of the Board of Supervisors and County Administrator to execute the lease agreement. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey requested a five minute recess. Reconvening: 18, REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 01SN0239 In Midlothian Magisterial District, ISLAMIC CENTER OF VIRGINIA requested Conditional Use and amendment of zoning district map to permit a private school and child care center in a Residential (R-15) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 3.3 acres and is known as 1241 Buford Road. Tax ID 757-712-4347 (Sheet 7). Mr. Jacobson presented a summary of Case 01SN0239 and stated that the case was deferred from the July 25, 2001 meeting so that a neighborhood meeting could be held. He further stated that Mr. Barber held a neighborhood meeting to discuss the issues surrounding the request as well as other issues wider than the proposed request. He stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. Mr. Miller expressed concerns relative to operation of the school as a profitable business. Mr. Malik Kahn, representing the applicant, stated that although tuition is charged, the school's total expenses are 01-667 s/22/01 not met and donations must be solicited to support the school operation. No one came forward to speak to the case. Mr. Barber stated that he held a community meeting at the Islamic Center and the neighbors were allowed to view the facility. He further stated that the neighbors had expressed concerns relative to parking associated with the worship use. When asked, Mr. Jacobson stated that the Virginia Department of Transportation (VDOT) is working on the parking issue and will be scheduling a meeting with adjacent property owners to discuss the issue. Mr. Barber stated that the applicant has offered to investigate possibly using a shuttle service or having an additional worship service in an effort to address parking concerns. He further stated that the Islamic Center has a tentative plan to address on-site parking with a goal of providing additional on- site parking within nine months. He stated that the only outstanding issue relates to receipt of right of way documents from the Islamic Center to the County and indicated that because of the large number of the members of the Islamic Center's Board of Directors and the requirement that the entire congregation be notified, the documents have not yet been received. When asked, Mr. Jacobson stated that, if the request is granted, Proffered Condition 1 requires that the documents be submitted within thirty days or the applicant will be in violation of the Conditional Use. Mr. Barber stated that the parking issue along Buford Road is being addressed by VDOT and indicated that Mr. Kahn has represented in good faith that the Islamic Center will provide the proper right of way documentation to the County within thirty days. Mr. Barber then made a motion, seconded by Mr. Warren, for the Board to approve Case 01SN0239 subject to the following conditions: Except where the requirements of the underlying Residential (R-15) zoning are more restrictive, any new development for school or child day care use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth Areas, excluding buffer requirements. (P) The following setback criteria shall apply to any outdoor play fields, courts, swimming pools and similar active recreational areas: With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, all active play fields, courts or similar active recreational facilities which could accommodate organized sports such as football, soccer, basketball, etc., shall be located a minimum of 100 feet from adjacent property in R Districts. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522(a) (2) of the Zoning Ordinance. 01-668 8/22/01 If new outdoor play fields, courts, swimming pools and similar active recreational areas are set back more than 100 feet from adjacent property in R Districts, the landscaping or other design features described in Condition 2.a. may be modified by the Planning Department at the time of site plan review. Such modification shall accomplish a mitigation of the visual and noise impacts that sports or related activities have on adjacent properties equivalent to the 100 foot setback/landscaping requirements described in Condition 2.a. C · Any playground areas shall be setback a minimum of forty (40) feet from all property lines. (p) Any child care center shall be conducted in association with church or other places of worship use on the property. (P) And, further, conditions: the Board accepted the following proffered Within 30 days from the date, the Board of Supervisors approves this request, thirty-five (35) feet of right-of- way on the east side of Buford Road, measured from the centerline of that part of Buford Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) o Direct access from the property to Buford Road shall be limited to the one (1) existing entrance/exit. Any relocation of this access shall be approved by the Transportation Department. (T) (STAFF NOTE: These conditions and proffered conditions would not apply to any permitted use, such as a church or mosque on the property.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 015N0165 In Bermuda Magisterial District, DEAN TED PATRICK requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12), plus relief to street access requirements for more than fifty (50) lots. Residential use of 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre. This request lies on 48.5 acres lying at the northern terminus of Ironbridge Boulevard and also lying approximately 350 feet south of the western terminus of Deep Forest Road. Tax ID 777- 658-3136 (Sheets 25 and 26). Mr. Jacobson presented a summary of Case 01SN0165 and stated that the proposed development will yield approximately 1.9 dwelling units per acre which, in staff's opinion, is consistent with the Central Area Plan. He further stated that the Planning Commission and staff recommend approval of the rezoning and acceptance of the proffered conditions. He stated that the developer agreed in negotiations with residents of Autumn Oaks not to extend a road from the development to provide a second access to the subject property. He further 01-669 8/22/01 stated that the Planning Commission and staff recommended denial of the request for relief to street access requirements and indicated that the Planning Commission's vote on both the rezoning and the street access requirements was split -- two ayes, one nay, one abstention and one absent. Mr. McHale stated that the applicant has proposed a 100 foot boulevard style entrance from Ironbridge Boulevard and has also agreed not to access the subject property through Autumn Oaks at the request of area residents. Discussion ensued relative to development of the Taylor tract to the north of the subject property. Mr. Jacobson stated that staff supports the applicant's proffered condition to extend a stub road from the subject property to the Taylor tract. Mr. McHale stated that, if the Board were to grant relief from the road access requirement and accept the boulevard entrance proposal, there is a potential for a second access through the Taylor tract when the property is developed. When asked, Mr. Jacobson stated that the R-12 rezoning of the Taylor tract did not include a requirement for access to the applicant's property, but such a requirement would be addressed through the subdivision process. He stated that only ten lots on the Taylor property would be allowed access through Autumn Oaks per existing conditions of zoning on the Taylor property. Mr. Barber expressed concerns relative to stub roads being made to look like cul-de-sacs and property owners being unaware that they reside on a stub road that may be extended rather than a cul-de-sac. Mr. Jacobson stated that the concern expressed by Mr. Barber is a critical issue for Planning staff. He expressed concerns relative to neighborhood connections that have been made in the past, and indicated that the Planning Commission has requested that Transportation, Planning, Fire and Police staff study the issue in an effort to improve future neighborhood connections. Discussion ensued relative to a means for providing an understanding of the future use of stub roads for potential residents. Mr. Miller suggested that the applicant be required on the subdivision plat to provide a notation that the stub road may be extended to access adjacent property in the future. Mr. Jacobson expressed concerns that such a requirement would help, but that prospective property owners usually are not made aware of restrictions or conditions of a subdivision plat until after they have already signed a contract for purchase. Mr. Barber stated that he feels developers should be required to build stub roads up to, and perhaps even beyond, the property line of adjoining property when the road is to be used as a future connector. Mr. Jacobson stated that the Planning Commission recognizes the issue and plans to address it. Mr. Andy Scherzer, representing the applicant, stated that the applicant has addressed neighbors' concerns by agreeing not to connect to Autumn Oaks and to provide a stub road to provide future relief to the requirement for a second access for more than 50 lots. He further stated that the boulevard style 01-670 8/22/01 access should address safety concerns in the short term. He stated that he feels the case has positive merit and requested that the Board approve the request. Discussion, questions and comments ensued relative to the boulevard-style entrance and future connection of the stub road. Mr. McHale stated that the Board is being requested to approve the proposed development as originally recommended by Mr. Phil Cunningham, Bermuda District Planning Commissioner, with conditions and proffered conditions agreed upon by Arbor Landing and Autumn Oaks subdivisions to include granting the exception to street access requirements by allowing the boulevard access. Mr. Barber requested that the stub road be constructed so that potential residents will be aware that it will eventually connect the adjoining parcel. Mr. Scherzer stated that VDOT requires a temporary turnaround at the terminus of the stub road. When asked, Mr. Scherzer stated that the applicant would be comfortable with providing a notation on the subdivision plats that the stub road would be used as a connector in the future and also erecting a sign at the end of the stub road indicating that it is to be extended in the future. Ms. Diana Parker expressed concerns relative to protection of the environment and also the overcrowding of schools in the area of the proposed development. Mr. George Beadles stated that he does not feel the developer should be allowed to construct more than fifty homes until such time as the adjoining R-12 property is developed. He further stated that he feels the Board should stop granting relief to street access requirements when a development has more than fifty lots. Mr. Wayne Bell, a resident of Deep Forest Road, expressed concerns relative to extension of Deep Forest Road to the proposed development and presented a petition signed by over one hundred residents of Autumn Oaks requesting that the case be approved as requested by Mr. Scherzer. Mr. Bill Kinsley, a resident of Autumn Oaks, expressed concerns relative to safety issues at the intersection of Deep Forest and Chalkley Roads and stated that extending Deep Forest Road into the proposed development would increase the potential for accidents at the intersection. Mr. Doug Salvia, a resident of Autumn Oaks, expressed concerns relative to increased traffic on Chalkley Road and stated that the infrastructure is not available to support new development. He further stated that the proposed development with the stub road would address residents' concerns relative to additional traffic on Chalkley Road. He requested that the Board limit the number of homes in the proposed development to fifty until such time as the adjoining R-12 property is developed. Mr. Scherzer stated that the developer has agreed to pay the full cash proffer to deal with its impact on area infrastructure, and has made numerous compromises to address citizens' and staff's concerns. He stated that the inability to develop more than fifty lots could force the applicant to reconsider the compromises. He requested that the Board approve both the rezoning request and the request for relief to street access requirements for more than fifty lots. 0 -s7 s/22/0 There being no one else to speak to the case, the public hearing was closed. Mr. McHale stated that he feels Mr. Cunningham's proposal that was offered following negotiations with the neighbors and the applicant makes sense for a number of reasons: it is consistent with the Central Area Plan; the proffered conditions have been extensively negotiated with the neighbors; and significant changes have been made since the original case was presented. He further stated that he would normally be cautious about Mr. Cunningham's recommendation for a boulevard access, but he feels the stub road access to the Taylor tract will provide the future second access. He stated that he agrees with Autumn Oaks residents that connecting the proposed development to Autumn Oaks would create traffic concerns on Chalkley Road. Mr. McHale then made a motion for the Board to approve Case 01SN0165 as proposed by Mr. Cunningham which would allow the boulevard access and grant relief to the street access requirements for more than fifty lots. Mr. Warren seconded the motion. Mrs. Humphrey stated that she feels Mr. Cunningham's proposal represents a good compromise and indicated that she will support Mr. McHale's motion. She stated that the current zoning process is much better than it was fifteen years ago and noted that the Board has the responsibility of balancing the needs of the County, developers and neighbors when considering requests for rezoning. Mr. Barber stated that, although the Board occasionally approves a different proposal than what is recommended by the Planning staff and Planning Commission, the Board expects and appreciates the Planning Commission and staff's recommendations for rezoning based upon zoning ordinances and the Comprehensive Plan. He expressed concerns relative to the issue of connecting communities and the need for additional accesses, but indicated that he will support Mr. McHale. Mr. Miller stated that connecting communities and the requirement for additional accesses has been one of the most contentious issues in the County relative to development. He expressed concerns relative to the safety issue of eliminating the requirement for a secondary access for more than fifty lots, but indicated that he will support Mr. McHale in his position. He stated that he receives some comfort knowing that there is potential for a future connection to the Taylor property. Mr. Warren stated that growth in the County has decreased by fifty percent since the 1980's, and indicated that he feels the proposal is a good example of planned managed growth. He noted that Mrs. Humphrey's article on growth management in the August edition of The Observer is excellent. Mr. McHale stated that he did receive a petition from the residents of Autumn Oaks, and commended the residents for their efforts in negotiating with the applicant, staff and Mr. Cunningham relative to the proposed development. Mrs. Humphrey called for a vote on the motion of Mr. McHale, seconded by Mr. Warren, for the Board to approve Case 01SN0165 and accept the following proffered conditions: Except for timbering approved by the Virginia State Department of Forestry for the purpose of removal of dead 01-672 8/22/01 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) o The public water and wastewater system shall be used. (U) Any lot abutting Autumn Oaks Subdivision and Tax ID ~ 778- 658-4723 and 778-657-4779 shall meet the requirements of the Zoning Ordinance for R-40 zoning. (P) Any lot abutting Arbor Landing Subdivision shall meet the requirements of the Zoning Ordinance for R-15 zoning. (P) so Any dwelling on any lot adjacent to Tax ID # 778- 659-3426, 778-659-5105, and 778-658-5490 Autumn Oaks, Section D, Block G, Lots 1,3,4 shall have at least 3,000 square feet of gross floor area. bo The minimum square footage of dwellings adjacent to Tax ID#s 777-657-0160, 777-657-0868, 777-657-1967, 777-657-2966, 777-657-3967, 777-657-4968, 777-657- 5868, 777-657-6864, 777-657-7870, 777-657-8871, 778- 657-0471, 777-657-2441 and 778-657-3367 Arbor Landing, Section 1, Lots 18 through 29 and 778-658- 4723, 778-657-4779 shall be 2,100 square feet of gross floor area. The minimum square footage of dwellings adjacent to Tax ID #s 775-657-6392, 775-657-7493, 775-657-8292, 775-657-9192, 775-657-9991, 776-657-0792, 776-657- 1592, 776-657-2393, 776-657-3194, 776-657-4095, 776- 657-4894, 776-658-6202, 776-657-7496, 776-657-7788, 776-657-7573, and 776-657-7865 Arbor Landing, Section 10, Lots 1, 2, 4 through 6, and 8 through 18 shall be 2,100 square feet of gross floor area. do The minimum square footage of all other dwellings shall be 1,800 square feet of gross floor area. (P) There shall be no access from this project to the Autumn Oaks Subdivision. There shall be no stub roads or rights- of-way provided along the eastern property boundary. (T) o There shall be at least one stub road provided to Tax ID #776-659-1638. (T) The following Declaration of Restrictions shall be recorded in conjunction with the recordation of any subdivision plat: The owners do hereby declare that said property is to be held, owned, conveyed, used and occupied subject to the following restricting covenants. No lot shall be used except for residential and related purposes. No residence shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height and a private garage for no more than two cars. No fence or wall, except approved fences, approved by the Architectural Control Committee, shall be erected, placed or altered on any lot. Nothing contained herein shall be deemed to prohibit the use of a lot or lots for the purposes of providing residential utility services to and for other lots. 01-673 8/22/01 o o o so Any dwelling on any lot adjacent to Tax ID# 778-659-3426, 778-659-5105, and 778-658-5490 Autumn Oaks, Section D, Block G, Lots 1, 3, 4 shall have at least 3,000 square feet of gross floor area. The minimum square footage of dwellings adjacent to Tax ID#s 777-657-0160, 777-657- 0868, 777-657-1967, 777-657-2966, 777-657-3967, 777-657-4968, 777-657-5868, 777-657-6864, 777- 657-7870, 777-657-8871, 778-657-0471, 777-657- 2441, and 778-657-3367 Arbor Landing, Section 1, Lots 18 through 29 and 778-658-4723, 778- 657-4779 shall be as follows: The minimum gross floor area shall be 2,100 square feet o The minimum average gross floor area shall be 2,300 square feet C · The minimum square footage of dwellings adjacent to Tax ID#s 775-657-6392, 775-657- 7493, 775-657-8292, 775-657-9192, 775-657-9991, 776-657-0792, 776-657-1592, 776-657-2393, 776- 657-3194, 776-657-4095, 776-657-4894, 776-658- 6202, 776-657-7496, 776-657-7788, 776-657-7573 and 776-657-7865 Arbor Landing, Section 10, Lots 1, 2, 4 through 6, and 8 through 18 shall be 2,100 square feet of gross floor area. d. The minimum square footage of all other dwellings shall be as follows: The minimum gross floor area shall be 1,800 square feet The minimum average gross floor area shall be 2,000 square feet Any dwelling or building constructed on this property shall have an- exterior finish of brick, stone, or Grade B or better weather boarding or wood siding, high grade vinyl, or any other finish approved by the Architectural Control Committee, except that guest house, servant cottage or dependency buildings may be constructed of other types clapboard or masonry, provided all buildings shall be painted or stained, and finished in a workmanlike manner and similar in appearance to dwelling. Ail buildings shall be covered with permanent type roofing of slate, high quality asbestos or asphalt shingles, tile, or other equal or similar roofing. No lot owner/builders shall use plastic or aluminum siding, paneled siding such as T-iii, plywood or masonite type panels as siding on any homes. All foundations shall be of brick, stone or equal as approved by the Architectural Control Committee. Successor in title to lots shall not be permitted to further subdivide any lots without the consent or approval of the developer or their assign, or as otherwise provided herein. No building shall be erected, placed or altered on any lot until the construction plans and 01-674 8/22/01 o o 10. 11. 12. specifications and a plan showing the location of the structure have been filed with and approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. The Architectural Control Committee is composed of the following three persons: The Developer, an Architect or Engineer, and a third member appointed by the Developer. The Committee shall designate a representative to act for it. In the event of the death or resignation of one of the members of the Committee, the remaining members shall have full authority to designate a successor, provided said successor is the owner of a lot in the subdivision. Neither the members of the committee not its designated representative shall be entitled to the compensation for services performed pursuant to this covenant; provided, however, the Committee may employ an architect to assist in its work, in which event, a charge not in excess of $50.00 may be made for services of said architect, such amount to be paid by any lot owner, for consideration of whose plans, in the opinion of said Committee require the services of said architect. The Committee's approval or disapproval as required in these covenants shall be in writing. Easements for utilities and drainage are reserved as shown on the recorded plat. The right is reserved to the developer, their successors and assigns, to establish and grant any additional easements along, over, upon and across any lots owned by it, (located when possible along lot lines) and along, over, upon and across any streets, alleys, venues or drives for the purpose of furnishing utilities and/or drainage in or through said subdivision. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, other outbuilding shall be used on any lot at any time as a residence, whether temporary or permanently. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except dogs, cats, or other household pets which may be kept, provided they are not kept, bred or maintained for any commercial purposes. No dog pens/runs shall be permitted. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than four (4) square feet advertising the property during the construction and sales period not to exceed the twenty-four (24) square feet. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date the covenants are recorded, after which time said covenants shall be automatically extended for 01-675 8/22/01 13. 14. 15. 16. 17. 18. successive periods of ten years unless an instrument signed by majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. The Architectural Control Committee by unanimous consent, their successors and assigns, expressly reserve the right to waive, amend or change any or all of said conditions and restrictions as to any lots owned by them; and, with consent of the owner thereof, as to any lots therein, heretofore or hereafter sold or conveyed by them. The sole right of the Committee to amend these restrictions shall terminate when all of the above described lots shall have been sold or conveyed by them, and thereafter, these conditions and restrictions may be waived, amended or changed by the owners of a majority of the above described homeowners. Except that no such waiver, amendment or change shall be made which will permit any lots in the subdivision to be used for any purpose other than for a single family dwelling site or for providing residential utility services to the subdivision. (P) Wood, vinyl, ornamental metal, or other fences approved by the Architectural Control Committee may be permitted. No chain link or metal wire fences shall be erected on any lot. Preservation of natural features and the feeling of openness contribute greatly to a residential subdivision's character and distinguish a development from typical developments. Topographic and vegetation characteristics of lots must not be altered by removal, reduction, cutting, excavation or any other means without the prior written approval of the Architectural Control Committee. Approval is required for, but not limited to, the following: Removal of any live tree whose truck is over eight inches (8") in diameter when measured at a point two feet (2') above the ground. No prior approval is required for removal of dead or diseased trees; storm damage trees may be removed or trimmed without prior approval only where they constitute a threat to life or property. o Any plantings used as a hedge or windbreak or for screening purposes. Hedges will be considered on an individual basis, but are generally discouraged. Landscaping which involves a change of grade or slope, or installation of a retaining wall or 01-676 8/22/01 10. 11. 12. 13. 14. 15. other structure. Shrubs or trees which will be over two feet (2') tall at maturity. In conjunction with recordation of the first subdivision plat, an eighty (80) foot wide right-of-way for the North/South Arterial through the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location for the right- of-way shall be approved by the Transportation Department. (T) Direct access to the North/South Arterial shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) To provide for an adequate roadway system at the time of complete development, the developer shall be responsible for the following: a) Construction of two (2) lanes of the North/South Arterial, to VDOT urban minor arterial standards (50 MPH) with modifications approved by the Transportation Department, through the property. b) Construction of additional pavement along the North/South Arterial at the approved access to provide left and right turn lanes, if warranted based on Transportation Department standards. c) Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) Prior to any road and drainage plan approval, a phasing plan for the required road improvements, as identified in Proffer Condition 11, shall be submitted to and approved by the Transportation Department. (T) The overall density shall not exceed 1.9 units per acre. The overall minimum average lot size will be 18,000 square feet. (P) The project stormwater management design shall achieve an attenuation of the 2, 10 and 100 year peak storms from the contributing watershed to the pre-development 2, 10 and 100 year peak storms. (EE) The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the time of building permit application for infrastructure improvements within the service district for the property: (a) $7,800 per lot, if paid prior to July 1, 2001; or (b) The amount approved by the Board of Supervisors not to exceed $7,800 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2000, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2001. (c) In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B and M) 01-677 8/22/01 16. At the time of initial occupancy, garages shall be provided on all of the dwelling units adjacent to Tax ID #s 777-657-0160, 777-657-0868, 777-657-1967, 777-657-2966, 777-657-3967, 777-657-4968, 777-657-5868, 777-657-6864, 777-657-7870, 777-657-8871, 778-657-0471, 777-657-2441, and 778-657-3367 Arbor Landing, Section 1, Lots 18 through 29; 775-657-6392, 775-657-7493, 775-657-8292, 775-657- 9192, 775-657-9991, 776-657-0792, 776-657-1592, 776-657- 2393, 776-657-3194, 776-657-4095, 776-657-4894, 776-658- 6202, 776-657-7496, 776-657-7788, 776-657-7573, and 776- 657-7865 Arbor Landing, Section 10, Lots 1, 2, 4 through 6, and 8 through 18; and 778-659-3426, 778-659-5105, and 778-658-5490 Autumn Oaks, Section D, Block G, Lots 1,3, and 4. (P) 17. A boulevard type entrance shall be provided at the intersection with the North/South Arterial. The boulevard entrance shall be a raised, landscaped median a minimum of sixteen feet (16') in width and a minimum of one hundred feet (100') in length. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. McHale excused himself from the meeting. 01SN0255 In Midlothian Magisterial District, HUGUENOT ROBIOUS ASSOCIATES, L.C. request rezoning and amendment of zoning district map from Corporate Office (0-2) to Agricultural (A) with Conditional Use and Conditional Use Planned Development to permit mini-storage/mini-warehouse use, outside storage of boats, motor vehicles and recreational vehicles and exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 1.9 acres fronting approximately 550 feet on the south line of the Norfolk Southern Railroad right of way, approximately 450 feet west of Cranbeck Road. Tax ID 741-714-Part of 6684 (Sheet 2). Ms. Beverly Rogers presented a summary of Case 01SN0255 and stated that staff has recommended denial of the outside storage uses and approval of self-storage facility uses. She further stated that the mini-storage facility use complies with the Northern Area Land Use and Transportation Plan which designates the property for light industrial uses. She stated that the outside storage uses would not be suggested as appropriate by the Plan. She further stated that the Planning Commission recommended approval of both requests indicating that the proffered conditions relating to screening and other treatments of the outside storage area address concerns of the Plan and assure the transition intended by the light industrial designation. Mr. Jim Theobo!d, representing the applicant, stated that the applicant has worked with Mr. Dan Gecker, Midlothian District Planning Commissioner, Mr. Barber and residents of Cranbeck Road. He further stated that there was no opposition at the Planning Commission meeting and requested that the Board approve the request as recommended by the Planning Commission. There being no one else to speak to the case, the public hearing was closed. 01-678 8/22/01 When asked, Mr. Theobold provided the names of the property owners on Cranbeck Road that he has spoken with relative to the request. Mr. Barber expressed concerns relative to screening from potential uses that surround the property. Mr. Theobold stated that significant landscaping has been proffered in an effort to address the screening issue. On motion of Mr. Barber, seconded by Mr. Miller, the Board approved Case 01SN0255 and accepted the following proffered conditions: The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. ~. To the extent the Property is developed as a mini storage warehouse facility, that portion of the site plan applicable to Phase IV and prepared by J. Calvin Holcombe, entitled "Phases Three & Four, Huguenot-Robious Mini Storage, Chesterfield County, VA" dated November 12, 1998 shall be considered the Mini Storage Warehouse Facility Master Plan. To the extent the Property is developed for an outside storage area for motor vehicles, boats and recreational vehicles, the site plan entitled "Phase Four Huguenot-Robious Mini Storage, Chesterfield County, VA" dated March 7, 2001 shall be considered the Outside Storage Master Plan. (P) 2. Architecture. Any buildings developed on the Property shall be compatible in architectural style, materials and colors to the existing Huguenot-Robious Mini Storage facility on adjacent property to the west identified as a portion of Tax ID 741-714-6684. Plans and elevations depicting this requirement shall be submitted to the Planning Department for review and approval at time of site plan review. (P) 3. No Business OperatiQn. No tenant or customer of any storage space located on the Property shall be allowed to operate a business on the site. (P) 4. Use. Permitted uses shall be limited exclusively to a mini storage warehouse facility and/or an outside storage area for motor vehicles, boats and recreational vehicles. (P) 5. Hours of Operation. The mini storage warehouse facility and/or the outside storage area shall not be open to the public between the hours of 9:00 p.m. and 7:00 a.m. (P) 6. Stormwater Runoff. Stormwater runoff shall be retained based upon the ten (10) year post-development rate and released based upon the two (2) year pre-development rate, and stored based upon the one hundred (100) year post development while releasing at a one hundred (100) year pre-development rate. This condition may be modified at the request of the developer by the Department of Environmental Engineering at the time of Site Plan review. (EE) 01-679 8/22/01 7. Oil Grit Separator. For any outside storage area, stormwater shall drain through an oil grit separator prior to leaving the Property. (EE) 8. Screening. so For any mini storage warehouse facility: Screening of loading areas for any mini storage warehouse facility from adjacent properties shall be achieved through the positioning of the mini storage buildings in a compound-like manner such that the walls of buildings closest to the eastern, southern and western boundary lines shall be generally parallel to such boundary lines. Should there be any openings between ends of buildings at the eastern end of the development as shown on the Mini Storage Warehouse Facility Master Plan, such openings shall be screened by a wall made of a material compatible to that of the buildings. bo For any outside storage area for motor vehicles, boats and recreational vehicles: Screening of any outside storage area for motor vehicles, boats and recreational vehicles shall be achieved through the construction of a ten (10) foot high brick wall on the northern property line, a ten (10) foot high split face block wall on the eastern property line and a ten (10) foot high split face block wall on the southern property line as shown on the Outside Storage Site Plan. If, in the future, existing vegetation is removed from the property which adjoins the northern boundary of the request site (i.e., between the northern property line and Huguenot Road), evergreen trees and shrubs shall be planted between the northern property line and the warehouse buildings or wall for the outside storage area. These plantings shall be placed where space permits including, but not necessarily limited to, the areas within the indentations of the exterior building wall facing the northern property line. (P) 9. Prohibition on Materials Stored. No mini storage warehouse facility or any outside storage area for motor vehicles, boats and recreational vehicles shall permit the storage of flammable, hazardous, radioactive, illegal or any other similar materials on site, except for fuels in fuel tanks of vehicles stored in any outside storage area. (P) 10. Storm Water Retention Facilities. Any facilities required for water quantity or quality control shall be visually enhanced with landscaping. At time of site plan review, a plan depicting such landscaping shall be submitted to the Planning Department for review and approval. (EE) 11. Public Utilities. used. (U) The public waste water system shall be 12. Additional Landscaping. Within the required setback for the rear boundary adjacent to Chesterfield County Tax ID 742-715-7541, 742-715-7658 and 742-715-6929, the Developer will provide Perimeter landscaping B (option I); however, the requirement for evergreen plantings shall be met by the planting of leyland cypresses along such rear boundary adjacent to Chesterfield County Tax ID 742-715-7541, 742-715-7658 and 742-715-6929, such plantings to be staggered no farther apart than ten (!0) feet on center and to be a minimum of six (6) feet in height at the time of planting. Further, as a part of any required landscaping on the southern property line, white pines shall be planted along the southern boundary and shall be staggered no farther apart than ten (10) feet on center and be a minimum of ten (10) to twelve (12) feet in height at the time of planting. (p) 13. v~. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. (p) 14. Emerging Growth District.. Except as stated herein, development shall conform to Emerging Growth District standards for I-1 uses. (P) Ayes: Humphrey, Miller, Barber and Warren. Nays: None. Absent: McHale. Mr. McHale returned to the meeting. 01SN0261 AND 01SN0262 In Midlothian Magisterial District, BRANDYWINE OPERATING PARTNERSHIP, LP requested amendment to Conditional Use Planned Development (Cases 86S107 and 86S164) and amendment of zoning district map relative to parking space size and Master Plan. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies in a Corporate Office (0-2) District on 45.9 acres fronting 2,000 feet on the east line of Powhite Parkway, also fronting approximately 1,200 feet on the south line of Gateway Centre Parkway approximately 350 feet north of Midlothian Turnpike. Tax IDs 756-706-2613, 3877 and 8160; 757- 705-0688; 757-706-2173 and 6118 (Sheet 7). In Midlothian Magisterial District, BRANDYWINE OPERATING PARTNERSHIP, LP requested amendment to Conditional Use Planned Development (Cases 86S107 and 86S164) and amendment of zoning district map relative to parking space size and Master Plan. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies in a Corporate Office (0-2) District on 4.9 acres fronting approximately 650 feet on the east line of Powhite Parkway, lying approximately 350 feet off the north line of Gateway Centre Parkway. Tax ID 756-707-9978 (Sheet 7). Mr. Jacobson presented a summary of Cases 01SN0261 and 01SN0262 and stated that the Planning Commission and staff recommend approval subject to one condition. He further stated that concerns were expressed at the Planning Commission meeting by residents of Bon Air Hills relative to buffering of the development, but indicated that the subject of both requests is not buffering, but parking space size restrictions and the Master Plan. No one was present representing the applicant. There was brief discussion relative to requirements on the subject property. the buffering 01-681 8/22/01 No one came forward to speak to the case. Mr. Barber stated that he is reluctant to move forward with the zoning request without the presence of the applicant and indicated that he would prefer to defer the request until September 26, 2001 and remind the applicant of the importance of being present when the matter is considered. Mr. Jacobson expressed concerns relative to the cost and additional efforts required of staff because of a deferral. Mr. Miller stated that he feels, if an applicant is not represented when the case is considered, he should be required to pay the cost of the deferral. Mr. Barber requested a summary of outstanding zoning issues unrelated to the requests for the subject property. On motion of Mr. Barber, seconded by Mr. Miller, the Board deferred Cases 01SN0261 and 01SN0262 until September 26, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 19. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adjourned at 10:20 p.m. until September 26, 2001 at 3:30 p.m. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. RennY Bm Humphrey Chairman 01-682 8/22/01