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01-24-2001 MinutesBOARD OF SUPERVISORS MINUTES January 24, 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. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Mr. D. Joe Campbell, Dir., Juvenile Detention Home Dr. Carl Chafin, Asst. Supt. of Schools for Administration Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Judge Bonnie Davis, Juv. and Dom. Relations Ct. Ms. Rebecca Dickson, Dir., Budget and Management Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Mr. F. 0. Parks, Dir., Information Systems Tech. Mr. Francis Pitaro, Dir., General Services Ms. Sarah Snead, Dir., Social Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services 1/24/01 01-40 Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office Mrs. Humphrey called the regularly scheduled meeting to order at 3:38 p.m. 1. APPROVAL OF MINUTES FOR JANUARY 10, 2001 On motion of Mr. McHale, seconded! by Mr. Barber, the Board approved the minutes of January 10, 2001, as submitted. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMR~TS Ms. Curtin presented an update on the status of the County's legislative program. She stated that the County's legislative requests relative to the County Charter and concealed weapons applications have passed through the Senate and are now' in the House. She further stated that bills are still being introduced, and the legislative team is in the process of reviewing the bills. She stated that bills have been identified relative to the priorities that the Board referenced in addition to the legislative requests. She further stated that a major concern of the legislative team is the State budget, noting that the deadline for budget amendments was January 18, 2001, and the team will provide a report to the Capital Region Caucus on January' 29, 2001 relative to the budget amendments. She stated that both the House and Senate will release their budgets on February 4, 2001. She further stated that the legislative team is following a number of growth management bills relative to the Board's first priority of protecting cash proffers, and noted that it does not appear a bill capping cash proffers will be introduced; instead, a '~proffer disclosure bill" has been introduced which will provide information to the legislature on the cash proffers collected by localities. Mr. Miller referenced a House Bill relative to the necessity of for-profit group homes to complete the zoning process prior to locating in a residential area, and indicated that he would support this. He requested that the legislative team research the issue. Mr. Wendell Roberts, Assistant County Attorney and member of the County's legislative team, stated that the legislative request to put in place a State certification program for construction site operators has been passed by the Senate Agriculture, Conservation and Natural Resources Committee and is now on the Senate floor. He further stated that the request to provide that any proceeding before the Board of Zoning Appeals would be stayed in the event of a criminal proceeding in the same matter is scheduled to be heard in a House sub-committee on January 26, 2001, and noted that the challenge involved with this request is to find statutory language which accomplishes the County's goals without impeding the zoning enforcement practices of other localities. He stated that Senate Bill 880 which will allow localities the discretion not to fingerprint for concealed weapons permits for people who 01-41 1/24/01 are applying a second time has passed the full Senate and has been communicated to the House. He further stated that House Bill 2170, which clarifies the County's authority to increase parking fines from $20 to $50, will be heard this evening by a sub-committee of the House Committee on Militia and Police. He then reviewed bills for which the Board has taken support/oppose positions. There was brief discussion relative to legislation involving primary seatbelt laws. proposed Ms. Curtin stated that a legislative breakfast for Board members and the legislative delegation is scheduled for February 8, 2001. Mr. John Mathiasen, Executive Director of Richmond International Airport, presented an update on progress at the airport. He stated that construction projects are progressing according to schedule -- Concourse C extension is currently being re-bid; the bid for the public parking garage will be awarded next week; and the bid has been awarded for the rent-a-car parking garage and construction will begin soon. He further stated that a new chairman will be coming onto the Airport Commission later this year, and indicated that he feels 2001 will be an exciting year for the airport. Mr. Bryant presented an update of the water taste issue at the Addison-Evans Water Production Facility. He stated that, according to the taste panel, there has been an improvement in the taste of the water since the Board's last meeting. He further stated that there has been a decrease in the number of calls being received from customers, and noted that Utilities employees are in the process of calling back customers who voiced complaints relative to water taste. He stated that, after contacting 34 customers, 25 have indicated that the metallic taste has either disappeared or greatly improved; seven have indicated that they do not see a change; and two were unable to comment because they are no longer drinking the water. He further stated that the improvement is attributed to an increase in the amount of carbon being supplied to the water. He further stated that Utilities employees are continuing to work with the consultant to resolve the issue, and noted that an information notice relative to the resolution of the water taste issue will be sent to customers in their utility bills. When asked, Mr. Bryant stated that carbon is primarily used to address taste and odors that originate from organics in the raw water source. He further stated that those organics combine with the substance used to disinfect the water which often causes taste issues. Mr. Warren expressed concerns relative to notification of citizens of future water taste and/or odor issues. Mr. Bryant stated that the Utilities Department will take a more pro-active approach in notifying customers in the future and indicated that he feels the press is the quickest method of notification. When asked, Mr. Bryant stated that the source of the taste has still not been identified, but appears to be a natural organic in the water in the reservoir reacting with the solution used as a disinfectant. He further stated that the taste is not present in the water prior to adding the disinfectant, but indicated that the carbon would not have an impact if the problem was totally due to the 1/24/01 01-42 disinfectant. When asked to make a guess as to the substance in the water that is reacting with the disinfectant, Mr. Bryant stated that he feels it is something that is produced by the bacteria algae. Mr. Ramsey noted that Mr. Bryant is working with the State Health Department and the Environmental Protection Agency to attempt to determine the substance. Mrs. Humphrey welcomed Junior Girl Scout Troop 427 from Bethia Methodist Church who were present at the meeting. 3. BOARD COMMITTEE REPORTS Mr. Warren stated that approximately 200 people attended his constituents' meeting on January 22, 2001 relative to a zoning proposal for a new golf course. Mr. McHale stated that he represented the Board at Bensley- Bermuda Volunteer Rescue Squad's annual meeting on January 20, 2001. He further stated that he accompanied Mrs. Humphrey on January 22, 2001 for the announcement of a joint venture between Virginia Commonwealth University and the County to expand the Biotechnical Medical Park, and indicated that he feels the partnership represents a significant step forward for Chesterfield County's future. He stated that he will hold a joint constituents' meeting with Mr. Miller on January 29, 2001 relative to transportation initiatives in the Dale and Bermuda Districts. Mr. Miller stated that approximately 100 people attended the breakfast that he co-hosted with Delegate Sam Nixon and Senator Steve Martin on January 13, 2001. Mrs. Humphrey stated that she attended a press conference on January 22, 2001 where the new partnership between Virginia Commonwealth University and the County was announced. She further stated that she feels the partnership is a step that will take the County well into the next century in terms of jobs and quality of life. She stated that on January 14, 2001, while traveling on Powhite Parkway, someone fired a weapon at the passenger window of her husband's vehicle, and on January 17, 2001, her home was broken into and she was a victim of robbery and vandalism. She expressed appreciation to the Police Department for their ongoing efforts to solve both of these cases. She stated that, when she realized her home had been vandalized, she was unable to use her cellular phone because there is no tower in Winterpock. She further stated that there is a zoning request pending for a proposed tower site in Winterpock and requested that Mr. Jacobson double advertise the case so that it can be heard by the Board as soon as possible. She stated that on January 16, 2001, she met with the Matoaca representatives of the Drug Abuse Task Force, and noted that the ~Use You Lose" bumper sticker initiative will be offered to the Virginia State University campus. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN T~E ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. McHale, the Board replaced Item 8.B.l.b., Set Date for Public Hearing to Consider an Ordinance for the Establishment of a Pro-rata Fee Program 1/24/01 01-43 for the Construction of the Regional BMPs in the Swift Creek Reservoir Watershed; and to Consider an Ordinance that Would Amend the Floodplain Ordinance to Incorporate Measures to Protect Those Floodplain Areas Designated as Regional BMPs in the Swift Creek Reservoir Watershed Master Plan; replaced Item 8.B.2., State Road Acceptance; added Item 8.B.10., Approval of Memorandum of Understanding With Virginia Biotechnology Research Park; added Item 8.B.11., Approval of a Pipeline Crossing Agreement with CSX Transportation; added Item 8.B.12., Transfer of District Improvement Funds from the Midlothian District to the Parks and Recreation Department for a Community Enhancement Program Project at Grove Shaft Park; replaced Item 10.A., Reports on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; added Item 10.C., Closed Session Pursuant to Section 2.1-344A.5., Code of Virginia, 1950, as Amended, for Discussion of the Expansion of an Existing Business in the County; added Item 14.D. Resolutions Recognizing Junior Miss Scholarship Program Recipients -- Ms. Mary Yanovitch and Ms. Molly Beilhart; added Item 14.E., Clover Hill High School Presentation to the Board of Supervisors; and adopted the Agenda, as amended. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING FEBRUARY 2001, AS "PETFIX MONTH 2001" Lieutenant Colonel McDonald introduced Mr. David Bailey, President of the PetFix Coalition, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, dogs and cats give companionship to and share the homes of over 50 million individuals in the United States; and WHEREAS, two unaltered cats and their kittens can produce 420,000 more kittens in seven years and two unaltered dogs and their puppies can produce 67,000 more dogs in six years; and WHEREAS, it is estimated that millions of dogs and cats are euthanized each year in the United States, although many of them are healthy and adoptable, simply because there are not enough homes; and WHEREAS, the latest report from the Commonwealth of Virginia, Division of Animal Industry Services, states that 130,578 dogs and cats were euthanized in Virginia in 1999; and WHEREAS, the problems of pet overpopulation costs the taxpayers in this country millions of dollars annually through animal control programs trying to cope with the millions of unwanted animals; and WHEREAS, spaying and neutering dogs and cats has been shown to drastically reduce dog and cat overpopulation; and WHEREAS, veterinarians have supported the PetFix Coalition February programs in the Commonwealth of Virginia during the past five years and have performed 13,000 spays and neuters, which has prevented millions of unwanted births; and WHEREAS, veterinarians, humane organizations and concerned citizens throughout the Commonwealth of Virginia have again 1/24/0X 0~-44 joined together to advocate the spaying and neutering of companion animals during ~Petfix Month 2001". NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors public].y recognizes February 2001, as ~Petfix Month 2001" and encourages all citizens to observe this month by either having their dogs or cats spayed or neutered or by sponsoring the spaying or neutering of a companion animal for another. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Bailey and expressed appreciation for the programs offered by the PetFix Coalition. 6, WORK SESSIONS 6.A. REGARDING THE REVISED SUBDIVISION ORDINANCE Mr. Dave Hainley, Planning Administrator, presented highlights of proposed amendments to the Subdivision, Utility and Zoning Ordinances. He stated that most of the changes are being made for improvements in clarity and for organizational purposes. He further stated that the team that reviewed the existing ordinances was comprised of both County staff and representatives from the Home Builders Association. He stated that new processes are being recommended to address shortcomings in the current ordinance which cannot be resolved in an expeditious or customer-friendly manner. He further stated that major issues of the new processes involve private citizens who own parcels that they' want to add to or divide; and access requirements for subdivisions. He stated that the Planning Commission held two public hearings relative to the ordinance amendments where two people spoke -- one requesting that the amendments be approved, and the other requesting a minor change in the subdivision ordinance. He further stated that the new processes recommended for inclusion in the modified subdivision ordinance include: the process for small subdivisions or residentially zoned land on existing streets (~'minor subdivisions" under the proposed ordinance); and the process for modification to older road strip lots. When asked, Mr. Hainley stated that the new process for modification to older road strip lots does not create new parcels -- it allows them to be modified and tweaked without being brought up to current standards. He further stated that the third new process being recommended is relative to a review of parcels being road stripped before they are recorded to make sure that they are legally exempted from the subdivision process. He stated that Ms. Judy Worthington, Clerk of the Circuit Court, has worked with the Planning Department to establish a new process where the Circuit Court Clerk's Office will no longer allow road strip parcels to be recorded without Planning Department sign-off. Deputy Fire Chief Paul Shorter provided information relative to the necessity for access for public safety. He stated that Public Safety departments are interested in obtaining more than one access for developments. He further stated that, as developments are designed through the subdivision process, stub roads are put in place for future adjacent development. He stated that, typically when the zoning process begins for adjacent development, citizens from the existing development express concerns relative to others having access through their neighborhood; the Transportation Department feels there will be 01-45 too much traffic; and negotiations with the developer begin in an attempt to secure the second access. He further stated that those negotiations typically evolve into an emergency access which, after development is complete, the County must assume the maintenance of, or a boulevard entrance which has proven not to be a viable alternative. He stated that, as the subdivision ordinance exists today, after the development of 50 homes, a second access must be provided. He further stated that the proposed ordinance amendments require that, if a developer desires to construct more than 50 homes, he must construct a residential collector road that would stub into adjacent property. He noted that a residential collector road would not have homes facing it and would always be available for connection by adjacent property owners, ensuring that a second access will be provided for and not be negotiated out through the zoning process. He stated that the Public Safety departments see this is a desirable alternative to the existing ordinance. Discussion, questions and comments ensued relative to the requirements for developing and maintaining residential collector roads. Mr. McHale expressed concerns as to whether, if the recommendation is adopted, a portion of the road would be in place and, therefore, residents would be aware that, if future development occurs, the access road would be completed. Mr. Hainley stated that the road would be built to Virginia Department of Transportation (VDOT) standards which typically is one lot beyond the end of existing roads or lots coming into developments. He further stated that collector roads do not have lots that feed directly into them, have adjacent buffers, and have residences backing up to them. Discussion ensued relative to the point at which a developer would be required to complete a collector road and the appearance of the road. Mr. William Poole, Assistant Director of Planning, stated that staff will prepare graphics for the Board's public hearing clarifying the appearance of a collector road as it is developed. Mr. Hainley stated that, after the Planning Commission's second public hearing, one short paragraph was added requiring all lines, pedestals and transformers to be placed underground if they are located in the front yard of a residential area. He further stated that utilities companies have expressed strong concerns relative to this proposal. When asked, Mr. Hainley stated that the development community has expressed concerns with the practicality of placing transformers in residential zones underground and also with problems that might evolve with fencing if transformers are placed above ground in back yards. He indicated that staff will continue to work with the development community prior to the public hearing and will provide the Board with an update of any changes that might occur through these efforts. 6.B. PROPOSED FY2002-FY2007 CAPITAL IMPROVEMenT PROGRAM Mr. Allan Carmody, Budget Manager, presented the proposed Capital Improvement Program (CIP) for FY2002-2007. He stated that the program proposes the last increment of approved general obligation bond funding in FY2002; consists of a six- year plan; proposes projects to consider for a referendum; 1/24/01 01-46 recommends a continued decreased reliance on long-term financing; strengthens support of the Triple AAA credit rating; and proposes a commitment to investing in general governmental facilities. He stated that the Proposed CIP totals $544,728,200, including $186,180,400 for General County; $231,941,800 for the School Board; and $126,606,000 for the Utilities Department. He reviewed the proposed General County CIP revenue summary; the proposed General County CIP expenditure summary; and Reliance on Debt Funding for County only. He stated that the County's debt ratio has a very positive downward trend and noted that approximately $209 million of the $228.374 million that was approved in the 1996 bond referendum will be issued by the time of the next bond sale in February 2001. He reviewed the status of major projects funded with the 1996 authorized bonds. He then reviewed Planned Debt Issuance for CIP Planning Years 2002- 2007; a potential schedule for referendum planning; and Proposed Referendum Summary. He stated that projects totaling $201,748,500 have been recommended for the Board's consideration. He reviewed Proposed Referendum Details and Unfunded Projects, and stated that total unfunded requests for the current budget year exceed $32.4 million. He then reviewed the Proposed Schools CIP for FY2002-2007 and stated that the Schools program also tends to advance referendum projects and addresses four major categories of improvement -- future overcrowding relief; renovations and improvements; technology; and specialty centers. He reviewed the Schools Proposed CIP Summary; New Projects for FY2003-FY2007; and issues relative to Future Overcrowding Relief. He stated that the need for school facilities is driven primarily by programs rather than population growth. Discussion, questions and comments ensued relative to the need for special programs and the number of special needs students. Mrs. Humphrey requested information relative to the specific number of special needs students in the school system. Mr. Carmody continued to review Future Overcrowding Relief and stated that the number of trailers is expected to decline significantly as the referendum projects are implemented. He further stated that the proposal for dealing with future overcrowding relief of schools over the period FY2003-07 consists of classroom additions in the amount of $32.384 million and future new schools in the amount of $90.391 million. He then reviewed Renovations and Improvements. There was brief discussion relative to the possibility of discontinuing use of Watkins Annex and the Instruction Division Center (IDC) by School Administration. Mr. Carmody reviewed proposed Highlights of Renovations and Improvements, including $34.513 million for facility improvements; $5 million for Greenfield Elementary School expansion; and $2 million for High School field house improvements at both Monacan and Midlothian. When asked, Dr. Chafin came forward and stated that track renovations are not included in the field house improvement projects, but are included in another category of major maintenance improvements. Mr. Carmody reviewed proposed Highlights for Technology and stated that the student to computer ratio goal is 5:1. Judge Bonnie Davis came forward and stated that, based on past history, the necessity for a sixth courtroom for the new Juvenile and Domestic Relations (JDR) Court building is anticipated for the future and, therefore, completion of the 1/24/o 01-47 sixth courtroom has been included in the proposed CIP. She further stated that, based on a dramatic increase in caseload, a third additional judgeship was obtained in 1993; a fourth in 1996; and a fifth has been recommended for 2001. When asked, Judge Davis stated that, according to 1999 statistics, Chesterfield JDR Court judges each handled 5,948 cases, and the Richmond JDR Court caseload was 4,884 per judge. Mr. Ramsey stated that an additional year has been included in the CIP, anticipating that the Board may want to include a bond referendum in the fall of 2002. He further stated that the School System has significant decisions to make as to specific projects to be included in a bond referendum which should be completed over the course of the next year. He stated that, to have a bond referendum in November 2002, the bond projects must be determined and the package ready to go by August 2002. Mrs. Humphrey stated that she feels the Board should hold a work session at the appropriate time to discuss the possibility of a bond referendum. Mr. Barber expressed concerns relative to the length of time it takes the Virginia Department of Transportation (VDOT) to complete road projects after they have been approved by the Board, and stated that he has requested that Ms. Dickson research the possibility of allocating local money from bond referendums or future CIPs to local road building without diminishing the County's fiscal stability. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Airport Advisory Board and the Keep Chesterfield Clean Advisory Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.A.1. AIRPORT ADVISORY BOARD On motion of Mr. Barber, seconded by Mr. Miller, the Board simultaneously nominated/reappointed the following persons to serve on the Airport Advisory Board, whose terms are effective February 14, 2001 and expire February 14, 2004: Name Mr Mr Mr Mr Mr Mr Steven R. O'Leary William B. Chandler John R. Lillard Charles H. Sims John Thayer Francis M. Pitaro District Dale District Midlothian District Matoaca Bermuda Clover Hill Ex-Officio Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 1/24/01 01-48 8.A.2. KEEP C~STERFIELD CLEAN ADVISORY BOARD On motion of Mr. McHale, seconded by Mr. Warren, the Board simultaneously nominated/appointed/reappointed the following persons to serve on the Keep Chesterfield Clean Advisory Board, whose terms are effective February 1, 2001 and expire January 31, 2002: Name Ms. Joan Cole Ms. Louise Summey Mr. Charles Lewis Ms. Pat Roble Ms. Henrietta Yaworsky District Bermuda Midlothian Dale Clover Hill Matoaca Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B, CONSENT ITEMS 8.B.1. SET DATE FOR PUBLIC ~EARINGS 8.B.l.a. TO CONSIDER A CHANGE TO ,F~E COUNTY VEHICLE LICENSE ORDINANCE TO MOVE THE VEHICLE LICENSE TAX YEAR On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of February 21, 2001 at 7:00 p.m. for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended bt, amending and re-enacting section 13-57 relating to the license tax year for motor vehicles. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.l.b. TO CONSIDER AN ORDINANCE FOR THE ESTABLISHMENT OF A PRO-RATA FEE PROGRAM FOR THE CONSTRUCTION OF T~E REGIONAL BMPS IN THE SWIFT CREEK RESERVOIR WATERSHED; AND TO CONSIDER AN ORDINANCE THAT WOULD AMEND THE FLOODPLAIN ORDINANCE TO INCORPORATE MEASURES TO PROTECT THOSE FLOODPLAIN AREAS DESIGNATED AS REGIONAL BMPS IN THE SWIFT CREEK RESERVOIR WATERSHED MASTER PLAN On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of March 14, 2001 at 7:00 p.m. for public hearings to consider the following ordinances: 1) an ordinance for the establishment of a Pro-Rata Fee program for the construction of the regional BMPs in the Swift Creek Reservoir Watershed; and 2) an ordinance that would amend the Floodplain Ordinance to incorporate measures to protect those floodplain areas designated as regional BMPs in the Swift Creek Reservoir Watershed Master Plan. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.2. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. adopted the following resolution: 01-49 Barber, the Board 1/24/01 WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type ChanRe to the Secondary System of State HiRhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Sloan Drive, Mt. Blanco, Section 4 Sloan Drive, State Route Number: 909 From: .13 Mi. N of Mt Blanco Rd., (Rt. 886) To: Owls Hollow Rd., (Rt. 909), a distance of: 0.02 miles. Right-of-way record was filed on 12/6/1961 with the Office Of Clerk To Circuit Court in Pb. 12; Pg. 67, with a width of 50 Ft. Sloan Drive, State Route Number: 909 From: Owls Hollow Rd., (Rt. 909) To: Cul-de-sac, a distance of: 0.14 miles. Right-of-way record was filed on 12/6/1961 with the Office Of Clerk To Circuit Court in Pb. 12; Pg. 67, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virqinia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any 1/24/01 01-50 necessary easements for cuts, fills and AND, BE IT FURTHER RESOLVED, that a resolution be forwarded to the Resident Virginia Department of Transportation. Type Chancre to the Secondary System of State HiRhways~ Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Regalia ~ The Highlands · Easffair Drive, State Route Number: 5186 From: .12 Mi. E. of Nash Rd., (Rt. 636) To: Regalia Dr., (Rt. 5159), a distance of: 0.55 miles. Right-of-way record was filed on 11/30/1998 with the Office Of Clerk To Circuit Court in Pb. 101' Pg., 96, with a width of 120 Ft. · Easffair Drive, State Route Number: 5186 From: Regalia Dr., (Rt. 5159) To: 1.04 Mi. E. of Nash Rd., (Rt. 636), a distance of: 0.3'7 miles. Right-of-way record was filed on 11/30/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg., 96, with a width of 90 Ft. · Regalia Court, State Route Number: 5193 From: Regalia Dr., (Rt. 5159) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 11/30/1998 with the Office Of Clerk Yo Circuit Court in Pb. 101; Pg., 96, with a width of 50 Ft. · Regalia Drive, State Route Number: 5159 From: Eastfair Dr., (Rt. 5186) To: Regalia Ct., (Rt. 5193), a distance of: 0.20 miles. Right-of-way record was filed on 11/30/1998 with the Office Of Clerk 3'0 Circuit Court in Pb. 101; Pg., 96, with a width of 50 Ft. · Regalia Drive, State Route Number: 5159 From: Regalia Ct., (Rt. 5193) To: Regalia PI., (Rt. 5197), a distance of: 0.12 miles. Right-of-way record was filed on 11/30/1998 with the Office Of Clerk ']"o Circuit Court in Pb. 101; Pg., 96, with a width of 50 Ft. · Regalia Drive, State Route Number: 5159 From: Regalia PI., (Rt. 5197) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 11/'30/1998 with the Office Of Clerk 'i"o Circuit Court in Pb. 101; Pg., 96, with a width of 50 Ft. · Regalia Place, State Route Number: 5197 From: Regalia Dr., (Rt. 5159) To: Cul-de-sac, a distance of: 0.22 miles. Right-of-way record was filed on 11/30/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg., 96, with a width of 50 Ft. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. drainage. certified copy of Engineer for 01-51 this the 1/24/01 8.B.3. APPROPRIATION OF GRANT FUNDS 8 .B.3 .a. FOR A FULL-TIME CHESTERFIELD COUNTY VICTIM SERVICES ADVOCATE On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $44,494 in grant funds from the Virginia Department of Criminal Justice Services (DCJS) to provide services to victims of domestic violence, and created one full- time position for a Domestic Violence Victim Services Advocate in the Community Corrections Department to provide the services described in the grant application approved by DCJS. (It is noted that funding for the required 25 percent local match has been identified and accepted by DCJS.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.3 .b. FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING PROSECUTOR On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Commonwealth Attorney to enter into a grant agreement with the Department of Criminal Justice Services (DCJS) to provide continued funding for a Domestic Violence Against Women Prosecutor position and approved the appropriation of revenue and expenditures related to this grant when received, not to exceed $66,430. (It is noted the local match of $20,081 will be provided in the form of in kind services.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.4. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENTS FOR THE GREAT BRANCH SEWER ASSESSMENT DISTRICTS A AND B PROJECT 8.B.4.a. TO THE ESTATE OF F~AZEL BRINSER COPLEY On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Attorney to proceed with eminent domain and exercise immediate right of entry pursuant to Sections 15.2-1904 and 1905 of the Code of Virginia for the acquisition of easements from the Estate of Hazel Brinser Copley for the Great Branch Sewer Assessment Districts A and B Project. And, further, the Board instructed the County Administrator to notify the owner by certified mail on January 26, 2001, of the County's intention to take possession of the easements. (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.4.b. TO VIRGINIA ELECTRIC AND POWER COMPANY On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Attorney to proceed with eminent domain and exercise immediate right of entry pursuant to Sections 15.2-1904 and 1905 of the Code of Virginia for the acquisition 1/24/01 01-52 of easements from Virginia Electric and Power Company for the Great Branch Sewer Districts A and B Project. And, further, the Board instructed the County Administrator to notify the owner by certified mail on January 26, 2001, of the County's intention to take possession of the easements. (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.5. ACCEPTANCE OF PARCELS OF LAND ALONG OLD BUCKINGHAM ROAD, HUGUENOT ROAD, AND ALVERSER DRIVE FROM RETLAW 100, LLC, A SOUTH CAROLINA LIMITED LIABILITY COMPANY On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land, Parcel A containing 0.4675 acres and Parcel B containing 0.1331 acres, from Retlaw 100, LLC, a South Carolina limited liability company, 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.6. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT SEWER EASEMENT ACROSS THE PROPERTY OF EMERSON I, LLC On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen foot sewer easement across the property of Emerson I, LLC. (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.7. REQUEST FOR PERMISSION FOR UNDERGROUND CABLE TO ENCROACH WITHIN A FIFTY FOOT COUNTY RIGHT OF WAY KNOWN AS HUNTERS HAWK DRIVE IN BEECHWOOD FOREST, SECTION 3 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Verizon 'Virginia, Incorporated for underground cable to encroach within a fifty foot County right of way known as Hunters Hawk Drive in Beechwood Forest, Section 3. (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.8. APPROVAL OF THE PURCHASE Ot? RIGHT OF WAY FOR THE SALEM CHURCH ROAD SIDEWALK PROJECT FROM ROGER LEE BARLOW AND PRICiLLA F, BARLOW On motion of Mr. McHale, seconded, by Mr. Barber, the Board approved the purchase of 0.017 acres of right of way for the Salem Church Road Sidewalk Project from Roger Lee Barlow and 1/24/01 01-53 Pricilla F. Barlow, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9. APPROPRIATION OF FUNDS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR PURPOSES OF AN ECONOMIC DEVELOPMENT GRANT TO COLUMBIA/HCA On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $75,000 to the Industrial Development Authority for an incentive for Columbia/HCA for leasing of office space in the County. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.10. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH VIRGINIA BIOTECHNOLOGY RESEARCH PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a memorandum of understanding between Chesterfield County and the Virginia Biotechnology Research Park, which acknowledges the shared mutual interest, support and commitment in increasing the bioscience industry in the Richmond area. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.11. APPROVAL OF A PIPELINE CROSSING AGREEMENT WITH CSX TRANSPORTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a pipeline crossing agreement with CSX Transportation for the installation of a sewer line for Merriewood Subdivision. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MIDLOTHIAN DISTRICT TO THE PARKS AND RECREATION DEPARTMENT FOR A COMMUNITY EN}IANCEMENT PROJECT AT GROVE SHAFT PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $4,500 from the Midlothian District Improvement Fund to the Parks and Recreation Department for the completion of Grove Shaft Park pedestrian connections. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 9. ~EARINGS OF CITIZENS ON UNSC~RDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 1/24/01 01-54 10. REPORTS On motion of Mr. McHale, seconded ]Dy Mrs. Humphrey, the Board accepted a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITIONS LENGTH 0938-020-307, M501 INDUSTRIAL ACCESS (Effective 12/14/2000) Battery Brooke Parkway (James River Industrial Center) (Route 938) - From Route 614 to Cul-De-Sac 0.48 Mi GOVERNMENT CENTER PARKWAY (LUCY CORR DRIVE) (Effective 12/29/2000) Government Center Parkway (Route 4'796) - From Lucy Corr Boulevard (Route 4795, formally Lucy Corr Court) to Courthouse Road Extended (Route 2099) 0.29 Mi SEAVIEW AT THE HIGHLANDS, SECTION 2 (Effective 12/29/2000) Rollingmist Lane (Route 5291) - From Seaview Drive (Route 5166) to Shellharbor Court (Route 5171) 0.11 Mi Seaview Court (Route 5290) - From Seaview Drive (Route 5166) to Cul-De-Sac O.O9 Mi Seaview Drive (Route 5166) - From ]Existing Seaview Drive (Route 5166) to Rollingmist ]Lane (Route 5291) 0.22 Mi Seaview Drive (Route 5166) - From Rollingmist Lane (Route 5291) to Cul-De-Sac 0.19 Mi Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 10 .C. CLOSED SESSION. PURSUANT TO SECTION 2 1-344A.5., CODE OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION OF THE EXPANSION OF AN EXISTING BUSINESS IN THE COUNTY On motion of Mr. McHale, seconded lay Mrs. Humphrey, the Board went into a Closed Session pursuant to Section 2.1-344A.5, Code of Virginia, 1950, as amended, to discuss the expansion of an existing business in the County where no previous announcement has been made of the business' interest in expanding its facilities in the County. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. On motion of Mr. McHale, seconded }Dy Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and i/24/01 01-55 WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Warren: Aye. Mr. Barber: Aye. Mr. Miller: Aye. Mrs. Humphrey: Aye. 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: 12. INVOCATION Reverend David Adkins, Pastor of Saint Mark's United Methodist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Ryan Christopher Groseclose led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14 .A. RECOGNIZING RYAN CHRISTOPHER GROSECLOSE UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Hammer introduced Mr. Ryan Groseclose 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 1/24/0i 01-56 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 Christopher Groseclose, Troop 815, sponsored by Chester United Methodist Church, has accomplished those high standards of commitment and has reached the long- sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, 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 Christopher Groseclose 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. Mr. McHale presented the executed resolution and patch to Mr. Groseclose, accompanied by members of his family and scoutmaster, congratulated him of his outstanding achievement, and wished him well in future endeavors. Mr. Groseclose expressed appreciation to his parents, members of his troop, God and the community for their support. 14.B. RECOGNIZING THE BRANDERMILL COMI~I~ITY ASSOCIATION FOR CONTINUED EXCELLENCE Mr. Kappel introduced Mr. Mike Divita, Manager of the Brandermill Community Association (BCA), who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Brandermill Community Association celebrated its 25th anniversary in 1999; and WHEREAS, the Brandermill Community Association works diligently to maintain the quality of life enjoyed by all Brandermill residents; and WHEREAS, the Central Virginia Chapter of the Community Association Institute named the Brandermill Community Association its "Community Association of the Year" for 1998; and WHEREAS, this prestigious award is given in recognition of leadership and vision on behalf of the community association's 01-57 1/24/0i residents; and WHEREAS, this award also considers the advancement of sound business development and planning, noteworthy environmental stewardship and active participation with local government; and WHEREAS, Brandermill has again been honored by the Central Virginia Chapter of the Community Association Institute for having the best community association for the year 2000; and WHEREAS, such sustained commitment to excellence deserves appropriate recognition. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its congratulations to the Brandermill Community Association and wishes it continued success. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Warren presented the executed resolution to Mr. Divita, accompanied by Mr. Jack Miller, President of the BCA, and Mr. John Hughes, Vice President of the BCA, commended him on Brandermill's commitment to excellence and congratulated them on the association's continued successes. Mr. Jack Miller expressed appreciation to the Board for their support and also to Mr. Divita for his leadership. Mr. Divita expressed appreciation to the Board for the recognition and their support of BCA's endeavors, and also to the staff and volunteers of the association for their efforts. Mr. Hughes expressed appreciation to the Board, Planning Commission and County staff for their support. Mrs. Humphrey requested guidance from the BCA for new community associations being established within the County. Mr. Divita stated that the Community Association Institute is a national organization involved with federal legislation that affects homeowners, their quality of life and property values. He encouraged community associations to become involved with the Institute. 14.C, RECOGNIZING THE ROUTE 360 WEST CORRIDOR COMMITTEE Mr. Jacobson introduced members of the 360 West Corridor Committee who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Route 360 West Corridor Design Study has been completed; and WHEREAS, this study outlines design improvements that can enhance the function and appearance of Route 360 from Courthouse Road to the Amelia County line; and WHEREAS, neighborhoods appearance is community; and Route 360 is the "Main Street" for many and business centers and its function and vital to the health and vitality of this 1/24/01 01-58 WHEREAS, business and residential leaders have formed an organization, the Route 360 West Corridor Committee, in order to implement improvements to the Route 360 West Corridor and address other community-wide issues; and WHEREAS, citizens who volunteer time and effort in the active improvement of their community are to be commended for their civic participation; and WHEREAS, the Route 360 West Corridor Committee has already adopted articles of incorporation, by-laws, and a mission statement, as well as conducted substantive discussions on landscaping, pedestrian paths, and other design improvements along the Route 360 West Corridor; and WHEREAS, the following members have contributed significantly to the success of this Committee -- Laurie Newill, co-chair; Mike Divita, co-chair; Donna Campbell; Ed Campbell; Paul Bonner; Martha Garcia; Emily Hudson; Myrna McCaffery; Tom Cole; Gretchen Cole; John Hughes; Tim White; Tracy Williamson; Dorcas Yeager; Terry Sheets; Ann Duffer; Dave Taylor; Betty Hunter-Clapp; Tommy Baer; Jim Gresock; Belinda Ricketts; Raymond Overby, Jr.; Raymond May; and Jim Moyler. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and acclaims the establishment of the Route 360 West Corridor Committee and the hard work of its residential and business members. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Warren, accompanied by Mrs. Humphrey and Mr. Jacobson, presented executed resolutions to the members of the 360 West Corridor Committee and expressed appreciation for their efforts towards preservation of the 360 West Corridor communities and businesses. Mrs. Humphrey expressed appreciation for the vision of the 360 West Corridor Committee. Ms. Laurie Newill, co-chair of the Committee, expressed appreciation to the Board and Planning staff for their support. Mr. Mike Divita, co-chair of the Committee, expressed appreciation to Mr. Warren, Mrs. Humphrey and Mr. Jacobson for their support of the Committee's endeavors. He also expressed appreciation to committee member Tommy Baer for drafting the Committee's by-laws and articles of incorporation. (It is noted that resolutions will be presented to the members of the 360 West Corridor Committee who were unable to attend the meeting at a later date.) 14.D. RECOGNIZING JUNIOR MISS SCHOLARSHIP PROGRAM RECIPIENTS 14.D.1. MS. MARY MARGUERITE YA/~OW[TCH, MIDLOTHIA/~ JI/NIOR MISS FOR 2001 Mr. Kappel introduced Ms. Mary Marguerite Yanovitch who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Junior Miss Scholarship Program provides college scholarships to outstanding young women; and 1/24/01 01-59 WHEREAS, while in high school, these young women must have excelled in academics; been active in extracurricular activities that serve the community; strived to be physically fit; and must have developed a performing talent; and WHEREAS, Midlothian/Chesterfield's Junior Miss Scholarship Program was held in September 2000, with 15 contestants representing the five area high schools in northern Chesterfield County; and WHEREAS, Ms. Mary Marguerite Yanovitch has been named Midlothian's Junior Miss 2001; and WHEREAS, Ms. Yanovitch attends Clover Hill High School; and WHEREAS, Ms. Yanovitch was also winner of the Fitness and Talent Awards and won $1,300 in scholarships; and WHEREAS, Ms. Yanovitch intends to pursue a career as an International Business Correspondent, beginning with studies at the University of Richmond; and WHEREAS, Ms. Yanovitch is an outstanding representative of Chesterfield County youth. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the achievements of Ms. Mary Marguerite Yanovitch, wishes her continued success in her academic pursuits, and is proud to have her represent Chesterfield County schools as she continues with her higher education. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Yanovitch 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 to Ms. Yanovitch, accompanied by her mother, congratulated her on her accomplishments, and wished her continued success. 14.D.2. MS. MOLLY BEILI{ART, CHESTERFIELD'S JUNIOR MISS FOR 2001 Mr. Kappel introduced Ms. Molly Beilhart who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Junior Miss Scholarship Program provides college scholarships to outstanding young women; and WHEREAS, while in high school, these young women must have excelled in academics; been active in extracurricular activities that serve the community; strived to be physically fit; and must have developed a performing talent; and WHEREAS, Midlothian/Chesterfield,s Junior Miss Scholarship Program was held in September 2000, with 15 contestants representing the five area high schools in northern Chesterfield County; and ~/24/01 01-60 WHEREAS, Ms. Molly Beilhart was selected as Chesterfield's Junior Miss 2001; and WHEREAS, Ms. Beilhart attends James River High School; and WHEREAS, Ms. Beilhart was also winner of the Miss Poise award, and won $1,100 in scholarships; and WHEREAS, Ms. Beilhart plans to enter a course of study at the University of Virginia, William and Mary, or Elon College leading to a profession in teaching or journalism; and WHEREAS, Ms. Beilhart is an outstanding representative of Chesterfield County youth. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the achievements of Ms. Molly Beilhart, wishes her continued success in her academic pursuits, and is proud to have her represent Chesterfield County schools as she continues with her higher education. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Beilhart 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 to Ms. Beilhart, accompanied by members of her family, congratulated her on her accomplishments, and wished her continued success. 14.E. CLOVER HILL HIGH SCHOOL PRESENTATION TO THE BOARD OF SUPERVISORS Dr. Brenda Mayo, Principal of Clover Hill High School, introduced Mr. Powell Johann, Senior U.S. representative for Youth Music of the World, sponsors of The London Parade. Mr. Johann stated that The London Parade and Music Festival is the largest benefit of its kind in the world. He further stated that the 2000 parade had more than 12,000 participants, 1.5 million spectators, and raised over 100,000 British pounds ($150,000) for charities for the City of London. He further stated that Clover Hill High School was the only group to have its entire Music Department -- choral, orchestra and marching band, invited to the festival. He expressed appreciation to Dr. Mayo, Mr. Steve Conley, Band Director, Mrs. Melissa Gordon, Orchestra Director, and Mr. Phil Lawson, Choral Director, for their dedication. He commended[ the students for their musicianship and stated that they were outstanding ambassadors of goodwill for the United States. He expressed appreciation to the Board for providing gifts for the London dignitaries. Dr. Mayo and the faculty of the Music Department presented each of the Board members with an official. London Parade Medallion. Mrs. Humphrey commended Dr. Mayo, Mr. Conley, Mrs. Gordon and Mr. Lawson for their leadership and. dedication to the students of Clover Hill High School, and expressed appreciation, on behalf of the Board, for the recognition. 01-61 1/24/oz 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL B~ HEARD AT SECTION 17 00SN0174 In Matoaca Magisterial District, DOUGLAS SOWERS requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit use and bulk exceptions. A mixed use development with residential, office and commercial uses is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.2 units per acre or less. This request lies on 436.0 acres fronting in four (4) places for a total of approximately 7300 feet on the west line of Hensley Road, beginning at a point approximately 450 feet north of Riverway Road. Tax IDs 727-660-Part of 8598 and 729-661-5038 (Sheet 23) . Mr. Jacobson stated that, since the case was considered by the Planning Commission, significant changes have been made in the proffered conditions. He further stated that staff's policy is to recommend that the case be remanded to the Planning Commission. He stated that the applicant has requested that the case be deferred until February 21, 2001. No one came forward to speak in favor of or against the request for deferral. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Miller, the Board deferred Case 00SN0174 until February 21, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0141 In Clover Hill Magisterial District, J. B. CAMPBELL requests rezoning and amendment of zoning district map from Residential (R-7) to Corporate Office (0-2) and amendment of Conditional Use Planned Development (Case 85S002) relative to access, number of buildings, building area and height of buildings on an approved 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 mixed use corridor use. This request lies on 6.5 acres fronting approximately 1,125 feet on the north line of Hull Street Road and approximately 400 feet east of Harbour Pointe Parkway, also fronting approximately 295 feet on the east line of Harbour Lane approximately 475 feet east of Harbour Pointe Parkway. Tax ID 730-675-8001 and 8432 (Sheet 16). Mr. Jacobson presented a summary of Case 01SN0141 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. He noted that the proposed request conforms to the Upper Swift Creek Plan. 1/24/01 01-62 Mr. J. B. Campbell stated that the acceptable. recommendation is No one came forward to speak in favor of or against the case. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved Case 01SN0141 subject to the following condition: For amendment to Conditional Use Planned Development (Case 85S002) Master Plan. The plan prepared by Balzer and Associates, Inc., dated October 11, 2000 and entitled "Campbell Harbour Pointe Zoning Master Plan" shall be considered the master plan. (NOTE: This condition supersedes Condition 1 of Case 85S002 for the subject property.) (NOTE: Ail other conditions of Case 85S002 shall remain in effect, except as modified by this request.) And, further, the Board accepted the following proffered conditions: (For the entire property which is the subject of this request) Right of Way Dedication. Prior to any final site plan approval or within sixty (60) days from a written request by the County, whichever occurs first, 100 feet of right- of-way on the north side of Hull Street Road (Route 360), measured from the centerline of that part of Route 360 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Access to Route 360. Direct access from the property to Route 360 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) Road Improvements. Prior to issuance of an occupancy permit for any development that has direct access to Route 360, additional pavement shall be constructed along Route 360 at the approved access to provide a right turn lane. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this road improvement. (T) With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be not timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 5. Uses. The following uses shall be restricted as follows: Cocktail lounges shall only be permitted as accessory to a principal use. Restaurants shall not include indoor recreational uses. (P) (Note: This proffered condition Statement, Exhibit B, Use Exceptions, 85S002.) modifies Textual (z) and (dd) of Case 01-63 1/24/01 Building Height. No building shall exceed a height of two (2) stories or thirty (30) feet, whichever is less. (P) o Density. The cumulative total of all buildings shall not exceed 60,000 gross square feet. (P) Site Plans. The developer shall be responsible for notifying, in writing, the community manager of the Brandermill Community Association of the submission of site plans to Chesterfield County. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the site plan. The developer shall provide a copy of the notification letter to the Planning Department. (P) Notice of Approval. Prior to site plan, architectural plan, lighting plan, landscaping plan or sign package approval by the County, the developer shall submit documentation of the Brandermill Commercial Architectural Review Board's (CARB) approval to the Planning Department. (P) 10. Route 360 Landscaping. At the time of site plan review, landscaping in excess of Zoning Ordinance requirements may be required as deemed necessary to minimize the visibility of parking areas from Route 360; however, in no case shall such landscaping exceed two (2.0) times that required by the Zoning Ordinance. (P) 11. BMP. Any pond required for water quality or water quantity control shall be landscaped or otherwise improved so that the facilities become visual enhancements and visual amenities for uses developed on the property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning and Environmental Engineering Departments for review and approval. (P & EE) 12. Landscaping. Within six (6) months of clearing an area, the required perimeter landscaping shall be installed within the setback along all public roads abutting such area, unless there is an active building permit and active construction within 250 feet of Hull Street Road, in which case the required perimeter landscaping shall be installed prior to the issuance of final occupancy of any site within 250 feet of Hull Street Road. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0144 In Matoaca Magisterial District, YOUNG S. GRANT requests rezoning and amendment of zoning district map from Residential (R-7) and Neighborhood Business (C-2) to Community Business (C- 3) to permit a training (beauty) school. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood commercial use. This request lies on .44 acre and is known as 21500 and 21508 Chesterfield Avenue. Tax ID 797-610-0324 and 0518 (Sheet 45). Mr. Jacobson presented a summary of Case 01SN0144 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the proposed request conforms to the Ettrick Village Plan. 1/2~/ol 01-64 Ms. Young Grant, accompanied by Ms. Laura Bland, stated that the recommendation is acceptable. No one came forward to speak in favor of or against the Case. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 01SN0144 and accepted the following proffered conditions: No direct access shall be provided from the property to Chesterfield Avenue. (T) o Uses shall be limited to those permitted in a C-2 District and a beauty school. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0145 In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests amendment of Conditional Use Planned Development (Case 89SN0242) and amendment of zoning district map relative to height and to permit communications antennae. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood mixed use. This request lies in an Agricultural (A) District on approximately 2.3 acres, fronting approximately thirty (30) feet on the north line of Midlothian Turnpike and located approximately 800 feet west of Huguenot Springs Road. Tax IDs 711-709-0391 and 710-710-Part of 0358 (Sheet 5) . Mr. Jacobson presented a summary of Case 01SN0145 and stated that the Planning Commission and staff recommend approval subject to conditions. Mr. John Harmon, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak in favor of or against the Case. On motion of Mr. Barber, seconded, by Mr. Miller, the Board approved Case 01SN0145 subject to the following conditions: Any communications tower use and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System and the Utilities Department communications system. Prior to site plan or building permit approval, whichever occurs first, the owner/developer of non-County communications equipment shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff and Utilities Department staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County systems, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff and Utilities Department staff. (GS and U) The owner/developer of non-County communications equipment shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System and Utilities Department communications system 1/24/01 01-65 caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff or Utilities Department staff. (GS and U) The color and lighting system for the tank/tower shall be as follows: a o The tank shall be grey or another neutral color, acceptable to the Planning Department. b ° Any communications equipment (antennae, mounting hardware, cabling, etc.) mounted on the outside of the water storage tank structure shall be the same color as the water storage tank. C · Any lighting required by FAA shall be restricted as follows: lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection; and lighting during night time hours shall be limited to soft blinking lights. (P) o Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights of way. This condition would not require screening for the tower or tower-mounted equipment or for ground-mounted equipment cabinets.) ° At such time that any communications tower use ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer of the communications equipment shall dismantle and remove the antennas and all associated equipment from the property. In conjunction with the approval of this request, a thirty (30) foot exception to the 150 foot height limitation for communication towers and water storage tanks in an Agricultural (A) District shall be granted; provided, however, if communications antennae are placed on the top of the water storage tank, the height of the antennae shall be limited to ten (10) feet. (P) The communications tower use shall be permitted only if it is incorporated into the structure of the existing water tank. Ail cabling shall be housed in conduit or otherwise shielded from view. (P) (Note: With the exception of Condition 1, all other existing conditions of Case 89SN0242 remain in effect.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0148 In Matoaca Magisterial District, WILLIAM GOODE requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for 1/24/01 01-66 community mixed use. This request lies on 3.1 acres, fronting approximately 800 feet on the south line of Hull Street Road approximately 820 feet west of Otterdale Road. Tax ID 711-669- 8204 (Sheet 15). Mr. Jacobson presented a summary of Case 01SN0148 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the proposed request conforms to the ~p_ger Swift Creek Plan. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak in favor of or against the Case. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 01SN0148 and accepted the following proffered conditions: 1. Public water and wastewater systems shall be used. (U) Except for timbering approved by the Virginia Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the appropriate devices have been installed. (EE) Prior to final site plan approval, one hundred (100) feet of right-of-way on the south side of Route 360, measured from the center line of that part of Route 360 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) To provide an adequate roadway system, the developer shall be responsible for the following: a o Construction of an additional lane of pavement along the eastbound lanes of Route 360 for the entire property frontage; bo Construction of additional pavement along the eastbound lanes of Route 360 at the approved access(es) to provide separate right turn lane(s); based on Transportation Department standards; and Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the road improvements identified above. (T) o Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 4, shall be submitted to, and approved by, the Transportation Department. (T) o Direct access from the property Route 360 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. The Transportation Department may modify this condition to allow one (1) additional access from the property to Route 360, if adequate access separation can be provided. (T) o The Developer shall make a payment of $622.00 (based on $200.00 per acre) to the county toward the expansion of Dry Creek Wastewater Pumping Station. This payment shall be made prior to the issuance of the first building permit for the development. (U) ~/24/01 01-67 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 bo 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. In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B&M) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 16. PUBLIC ~EARINGS TO CONSIDER AMENDING SECTIONS 9-143 AND 9-174 OF THE COUNTY CODE TO CHANGE THE DUE DATES FOR THE REMITTANCE OF CONSUMER UTILITY TAX AND THE E911 TAX Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance to amend Sections 9-143 and 9-174 of the County Code to change the due dates for the remittance of consumer utility and E911 taxes. No one came forward to speak in favor of or against the ordinance. Mr. McHale stated that, in addition to bringing the County into conformance with State law, the action also streamlines procedures for staff and citizens. Mr° McHale then made a motion, seconded by Mr. Warren, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 9-143 and 9-174 RELATING TO BILLING, COLLECTION AND REMITTANCE OF CONSUMER UTILITY TAX AND E915 TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-143 and 9-174 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-143. Collection and remittance by seller. Every telephone service seller shall collect the tax imposed at the time of collecting its service purchase price and shall pay the taxes collected during each calendar month to the treasurer on or before the last day of the second calendar month thereafter, together with the name and address of any purchaser who has refused to pay the tax. The required report shall be in a form prescribed by the county administrator. 1/24/01 01-68 Sec. 9-174. Billing, collection and remittance of tax. Ail service providers under this Article XII shall bill the applicable consumer tax to all users who are subject to the tax and shall remit the same to the commissioner of the revenue for the county on a monthly basis no later than the last day of the succeeding month of collection.. Such taxes shall be paid by the service provider to the commissioner of the revenue for the county in accordance with applicable state code and remitted in a form approved by the commissioner of revenue. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to the county. Failure of the service provider to remit consumer taxes on a timely basis shall subject the service provider to penalties and interest as provided in Section 9-6. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 00SN0264 and 00SN0266 In Dale Magisterial District, ROSLYN PARTNERS L.C. requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) . Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre. This request lies on 19.3 acres fronting approximately 1,010 feet on the west line of Newbys Bridge Road, approximately 740 feet north of Jacobs Road. Tax ID 759-683-1162 (Sheet 11) . In Dale Magisterial District, JAMES BAKER requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) . Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre. This request lies on 30.0 acres fronting approximately 800 feet on the west line of Newbys Bridge Road, approximately 100 feet south of Valencia Road. Tax ID 759-684-2733 (Sheet 11) . Ms. Beverly Rogers presented a summary of Cases 00SN0264 and 00SN0266. She reviewed differences in the current proposal for Case 00SN0266 and a previous request to rezone that property and stated that Case 00SN0266 addresses many of the concerns that were raised during the zoning process for the previous cases. Mr. Miller stated that Case 00SN0266 has improved significantly from the previous case. Ms. Rogers stated that the Planning Commission and staff recommend approval of both requests and acceptance of the proffered conditions. She noted that the requests conform to the Central Ares Plan. She stated that, since the Planning Commission's consideration of Case 00SN0266, an additional proffered condition has been submitted which addresses control of runoff onto an adjacent property, in response to an adjacent property owner's concerns. There was brief discussion relative to litigation that occurred from the Board's denial of the previous case on the property 1/24/01 01-69 encompassed by Case 00SN0266. Mr. Andy Scherzer, representing the applicants, stated that the recommendations for both cases are acceptable and requested the Board's approval of the requests. No one came forward to speak in favor of or against Case 00SN0264. On motion of Mr. Miller, seconded by Mr. Warren, the Board approved Case 00SN0264 and accepted the following proffered conditions: Prior to final check plat approval, a revised centerline, based on VDOT's Minor Arterial Standards (50 MPH) for Newbys Bridge Road, shall be submitted to and approved by the Transportation Department. In conjunction with recordation of the first subdivision plat, or within sixty (60) days from a written request by the County, whichever occurs first, forty-five (45) feet of right-of-way on the west side of Newbys Bridge Road, measured from the approved revised centerline of that part of Newbys Bridge Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 0 Access to the property from Newbys Bridge Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) o To provide an adequate roadway system at time of complete development, the developer shall be responsible for the following: (a Construction of additional pavement along Newbys Bridge Road at the approved access to provide left and right turn lanes, if warranted based on Transportation Department Standards; (b Relocation of the ditch to provide an adequate shoulder along the west side of Newbys Bridge Road for the entire property frontage; and (c Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the road improvements identified above. (T) o Prior to any road and drainage plan approval, a phasing plan for the required road improvements, identified in Proffered Condition 3, shall be submitted to and approved by the Transportation Department. (T) 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. 1/24/01 01-70 o o 10. 11. 12. 13. 14. (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&M) Public water and sewer shall be used. (U) Except for timbering approved by the Virginia Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) The maximum number of lots shall be forty-six (46). (P) The minimum gross floor area of all dwelling units shall be: One story 1,600 square feet. More than one story 1,800 square feet. (P) A fifty (50) foot buffer shall be maintained adjacent to the right of way of Newbys Bridge Road. With the exception of a public road and utilities which run generally perpendicular in the buffer, there shall be no facilities permitted in the buffer. This buffer shall be exclusive of the required yards. The exact treatment of this buffer shall be determined at the time of tentative subdivision review. (P) All lots shall be a minimum of 14,970 square feet. (P) Any open basins required for water quantity or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed on the Property. The landscaping plan for such ponds shall include landscaping adjacent to the ponds. At the time of tentative subdivision submission, a plan depicting these requirements shall be submitted to the Planning and Environmental Engineering Departments for review and approval. (EE & P) Ail principal dwellings shall be set back a minimum of 100 feet from the normal water surface of any above-ground BMP (Best Management Practice). (EE) The following Declaration of Restrictions shall be recorded in conjunction witlh the recordation of any subdivision plat. Further, these restrictive covenants shall not be changed or amended until a minimum of 51 percent of the occupancy permits have been issued. Upon issuance of 51 percent of the occupancy permits, the covenants may be changed or amended by a simple majority vote of the members of the homeowners association. The Owners hereby declare that said property is to be held, owned, conveyed, used and occupied subject to the following restrictive covenants, which covenants may be added to by the Owners but not reduced in requirements by the Owners: No nuisance shall be permitted to exist or operate upon any of the Properties so as to jeopardize property values. No lot shall be further subdivided or separated into smaller Lots by any Owner, and no portion less than i/24/01 01-71 all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective instruments, easements to public agencies or authorities, or for utilities. o An Architectural Review Board comprised of three (3) members shall be appointed by the Developer, his successors or assigns, and shall be composed as follows: (1) (2) Developer An architect and/or engineer Until 25 percent of the occupancy permits have been issuedf either a member of the Jacobs Glenn Homeowner's Association or a member of the Newbys Bridge Coalition shall be a member. Once more than 25 percent of the occupancy permits have been issued, the Jacobs Glenn Homeowner's Association/Newbys Bridge Coalition member may be replaced by a homeowner of the subdivision. The names of the Architectural Review Board will be recorded with these covenants. The Architectural Review Board shall coordinate each residence and lot and shall establish reasonable rules and regulations relating to the procedure for architectural approvals and general guidelines for architectural plans according to specifications to be determined by such Board after its appointment. The guidelines and so forth shall be called "Architectural Review" and attached to these restrictive covenants. o No improvements, alterations, repairs, excavations, changes in grade, or other work which in any way alters the exterior of any Lot or the improvements located thereon from its natural or improved state, existing on the date such property was first subject to this Declaration, shall be made or done without the prior approval of the Architectural Review Board. No buildings, residence, or other structure, fence, wall, or landscaping in lieu thereof shall be commenced, erected, maintained, improved, altered, made or done on such property without the prior written approval of the Architectural Review Board. (P) 15. No public road connection shall be provided to Andrews Ridge Drive in the Jacobs Glenn Subdivision. (P) 16. Stormwater shall be retained on site and released at the capacity of the existing culvert at Newbys Bridge Road or improvements shall be made to the culvert to meet current VDOT criteria. (EE) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey asked if any one was present to speak to Case 00SN0266. Mr. Don McKennish, a Newbys Bridge Road resident, expressed concerns relative to increased traffic on Newbys Bridge Road 1/24/01 01-72 and the distance of the buffer. When asked, Mr. McCracken stated that improvements are scheduled for Newbys Bridge Road, but will probably be several years coming. Mr. James Stells, adjacent property owner, expressed appreciation for the developer's addition of Proffered Condition 16 relative to runoff control. He expressed concerns relative to visibility problems at the intersection of Valencia and Newbys Bridge Roads; increased traffic on Newbys Bridge Road; and the length of time before the Newbys Bridge Road improvement project will be undertaken. Ms. Linda Morris, a resident of Newbys Bridge Road, expressed concerns relative to increased traffic; traffic not being routed through Jacobs Glen; and the potential for loss of homes and property for the future widening of Newbys Bridge Road. Ms. Phyllis Stells questioned whether the two subdivisions would each have two separate accesses. Mr. Jacobson stated that access to the property will be addressed through the subdivision ]process. Mrs. Humphrey stated that, if the request is approved, when subdivision plans are presented, they will be subject to the new subdivision ordinance if adopted prior to approval of the subdivision plans, which may include a requirement for a residential collector road upon developing more than 50 lots. There being no one else to speak to Case 00SN0266, the public hearing was closed. Mr. Scherzer stated that the applicants have offered the full cash proffer to address road improvements. He further stated that the proposed 50 foot buffer would be measured from the ultimate right of way and indicated that the buffering standards of the ordinance will apply. He requested the Board's favorable consideration of the request. When asked, Mr. Jacobson stated that the applicant has agreed to dedicate property along Newbys Bridge Road in accordance with the Thoroughfare Plan and that the homes to be constructed in the proposed development will back up to Newbys Bridge Road. He further stated that the ultimate right of way policy ensures that the setback will not be measured from the existing right of way. Mr. Miller stated that he feels the proposal has improved considerably from the original rezoning request for the subject property, and also feels it represents a fair and reasonable approach to development. Mr. Miller then made a motion, seconded by Mr. Warren, for the Board to approve Case 00SN0266 and accepted the following proffered conditions: Prior to final check plat approval, a revised centerline, based on VDOT's Minor Arterial Standards (50 MPH), for Newbys Bridge Road shall be submitted to and approved by the Transportation Department. In conjunction with recordation of the first subdivision plat, or within sixty (60) days from a written request by the County, whichever occurs first, forty-five (45) feet of right-of-way on the west side of Newbys Bridge Road, measured from the approved revised centerline of that part of Newbys Bridge Road immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit 01-73 1/24/01 o o o 10. of Chesterfield County. (T) Access to the property from Newbys Bridge Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) To provide an adequate roadway system at time of complete development, the developer shall be responsible for the following: (a) Construction of additional pavement along Newbys Bridge Road at the approved access to provide left and right turn lanes, if warranted based on Transportation Department Standards; (b) Relocation of the ditch to provide an adequate shoulder along the west side of Newbys Bridge Road for the entire property frontage; and (c) Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the road improvements identified above. (T) Prior to any road and drainage plan approval, a phasing plan for the required road improvements identified in Proffered Condition 3, shall be submitted to and approved by the Transportation Department. (T) 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&M) Public water and sewer shall be used. (U) Except for timbering approved by the Virginia Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) The maximum number of lots shall be sixty-nine (69). (P) The minimum gross floor area of all dwelling units shall be: One story 1,600 square feet. More than one story 1,800 square feet. A fifty (50) foot buffer shall be maintained adjacent to the right of way of Newbys Bridge Road. With the exception of a public road and utilities which run 1/24/01 01-74 11. 12. 13. 14. generally perpendicular in the buffer, there shall be no facilities permitted in the buffer. This buffer shall be exclusive of the required yards. The exact treatment of this buffer shall be determined at the time of tentative subdivision review. (P) Ail lots shall be a'minimum of 114,970 square feet. (P) Any open basins required for water quantity or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed on the Property. The landscaping plan for such ponds shall include landscaping adjacent to the ponds. At the time of tentative subdivision submission, a plan depicting these requirements shall be submitted to the Planning and Environmental Engineering Departments for review and approval. (EE & P) Ail principal dwellings shall be set back a minimum of 100 feet from the normal water surface of any above-ground BMP (Best Management Practice). (EE) The following Declaration of Restrictions shall be recorded in conjunction wit[h the recordation of any subdivision plat. Further, these restrictive covenants shall not be changed or amended until a minimum of 51 percent of the occupancy permits have been issued. Upon issuance of 51 percent of the occupancy permits, the covenants may be changed or amended by a simple majority vote of the members of the homeowners association. The Owners hereby declare that said property is to be held, owned, conveyed, used and occupied subject to the following restrictive covenants, which covenants may be added to by the Owners but not reduced in requirements by the Owners: No nuisance shall be permitted to exist or operate upon any of the Properties so as to jeopardize property values. No lot shall be further subdivided or separated into smaller Lots by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective instruments, easements to public agencies or authorities, or for utilities. An Architectural Review Board comprised of three (3) members shall be appointed by the Developer, his successors or assigns, and shall be composed as follows: (1) (2) (3) Developer An architect and/or engineer Until 25 percent of the occupancy permits have been issued, either a member of the Jacobs Glenn Homeowner's Association, or a member of the Newbys Bridge Coalition shall be a member. Once more than 25 percent of the occupancy permits have been issued, the Jacobs Glenn Homeowner's Association/Newbys Bridge Coalition member may be replaced by a homeowner of the subdivision. 01-75 The names of the Architectural Review Board will be recorded with these covenants. The Architectural Review Board shall coordinate each residence and lot and shall establish reasonable rules and regulations relating to the procedure for architectural approvals and general guidelines for architectural plans according to specifications to be determined by such Board after its appointment. The guidelines and so forth shall be called "Architectural Review" and attached to these restrictive covenants. No improvements, alterations, repairs, excavations, changes in grade, or other work which in any way alters the exterior of any Lot or the improvements located thereon from its natural or improved state, existing on the date such property was first subject to this Declaration, shall be made or done without the prior approval of the Architectural Review Board. No buildings, residence, or other structure, fence, wall, or landscaping in lieu thereof shall be commenced, erected, maintained, improved, altered, made or done on such property without the prior written approval of the Architectural Review Board. (P) 15. No public road connection shall be provided to Jacobs Bend Drive in the Jacobs Glenn Subdivision. An emergency access shall be provided through the eastern terminus of Jacobs Bend Drive within Jacobs Glenn. This access shall be constructed to accommodate access in case of an emergency (support fire and rescue vehicles) and shall be secured to preclude its use other than by emergency vehicles, pedestrians or bicycles. The exact design of this access shall be reviewed and approved by the Fire and Planning Departments at the time of tentative subdivision review. At the time of tentative subdivision review, the Fire Department may impose additional conditions to insure long term maintenance of the access. (P & F) 16. A stormwater management facility shall be constructed so as to control the runoff onto Tax ID 759-684-4784. (EE) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0180 In Clover Hill Magisterial District, THE CHESTERFIELD COUNTY PL~-NNING COMMISSION requests Conditional Use Planned Development and amendment of zoning district map to permit a second freestanding sign. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less and for mixed use corridor uses. This request lies in a Residential (R-7) District on 49.4 acres and is known as 13900 Hull Street Road. Tax ID 726-673-1225 (Sheet 15). Mr. Jacobson presented a summary of Case 01SN0180 and stated that the existing sign on the subject property is a low granite sign built originally with the school. He further stated that school staff and citizens desire to have a more typical freestanding sign with a lighted reader board for night 1/24/01 01-76 visibility of school activities. He stated that staff originally recommended denial because it was felt the applicant could adhere to the sign standards of the Zoning Ordinance and provide adequate identification. He further stated that the applicant desired to maintain the existing sign in addition to the proposed sign and indicated that the Planning Commission recommended approval subject to one condition. Dr. Brenda Mayo, representing the applicant, stated that the existing sign at the school has historical significance, but lacks visibility. She noted that major school activities must be advertised with paper signs in front of the school. She stated that the faculty and student body feel the proposed sign will be an enhancement to the school property, and requested the Board's approval as recommended by the Planning Commission. No one came forward to speak in favor of or against the Case. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved Case 01SN0180 subject to the following condition: The sign shall be a monument style and shall not exceed a height of ten (10) feet and an area of fifty (50) square feet, provided however, if changeable copy is incorporated into the sign face, the sign area may be increased by twenty-five (25) percent subject to the changeable component of the sign face occupying less than half the total area of the sign face. Illumination of the sign shall comply with Section 19-635 (e) of the Zoning Ordinance. The base of the sign shall be covered with a brick veneer similar in color to the brick used for the school building on this site. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0120 (Amended) In Clover Hill Magisterial District, AMBERLEIGH, L.L.C. requests rezoning and amendment of zoning district map from Residential (R-9), Community Business (C-3) and Corporate Office (0-2) to Community Business (C-3) and Residential- Townhouse (R-TH) with Conditional Use Planned Development to permit exceptions to Zoning Ordinance requirements. Residential use of up to eight (8) units per acre is permitted in a Residential-Townhouse (R-TH) District. The density of the Community Business (C-3) portion will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use and mixed use corridor use. This request lies on 41.6 acres fronting approximately 1,720 feet on the north line of Hull Street Road, also fronting approximately 285 feet on the west line of Gregory Pond Road and is located in the northwest quadrant of the intersection of these roads. Tax IDs 751-688- 8252 and 9232, 751-689-9218, 752-688-5413 and 753-688-2922 and 4302 (Sheet 10) . Mr. Jacobson presented a summary of Case 01SN0120 and stated that the proposed request conforms to the Route 360 Corridor Plan. He further stated that staff had two technical issues relative to the proposal: 1) the main entrance of the proposed development is at the intersection with Lynchester Drive and the Transportation Department has expressed concerns that this may cause a traffic signal to evolve at the intersection which is inconsistent with the Plan; and 2) the applicant has proposed up to 141 lots of residential development with only one public road entrance, noting that the applicant has indicated they are providing an emergency access through 1/24/01 01-77 Proffered Condition 15; but the Fire Department recommends a second access via a public road. He stated also that the applicant had failed to fully address the potential impact of the development on the public school system. He further stated that staff is recommending approval subject to the applicant addressing the impact on schools, transportation and public safety. He further stated the Planning Commission recommended approval and acceptance of the proffered conditions, noting that the Commission was comfortable with the conditions offered by the applicant relative to the impact on capital facilities noting that studies had shown this type of housing does not generate the typical number of school age children per household; felt that there was a need for the Lynchester Drive/Route 360 crossover to remain open; and also felt that Proffered Condition 15 provided adequate emergency access. When asked, Mr. McCracken stated that, according to the proffered conditions, the Lynchester Drive crossover would remain open. Mr. ~dy Scherzer, representing the applicant, stated that he feels staff's technical issues have been addressed, and noted that the applicant has proffered more relative to addressing the impact on capital facilities than in previously approved cluster cases. He further stated that the Planning Commission's recommendation is acceptable. When asked, the developer of the proposed projects, Mr. Richard Collier, stated that the billboard currently located on the subject property will be removed. Mr. Miller stated that a number of people who reside in Falling Creek Farms have expressed concerns relative to the closing of the Lynchester Drive crossover. Mr. Scherzer stated that the applicant's proffered conditions do not require the closing of the crossover. Mr. Warren stated that residents of Falling Creek Farms had also expressed concerns that they were not notified of community meetings relative to the case. Mr. Scherzer stated that all adjacent property owners were notified; meetings were held with the 360 East Corridor Committee; and there was no intent to deprive any property owner from the process. Mr. Warren encouraged citizens from the Dale District to acquire representation on the 360 East Corridor Committee to ensure notification of future zoning cases. Mr. Scherzer stated that, for zoning notification purposes, Planning staff keeps records of active community associations. He encouraged all County community associations to notify the Planning Department of the name and address of an active member who could be notified of future requests for rezoning. Mr. Herman Baumgart, resident of Falling Creek Farms, expressed concerns relative to Falling Creek Farms residents not receiving notification of the proposed request. He further expressed concerns relative to VDOT's original position to close the crossover at Lynchester Drive and to increased traffic and visibility problems on Fordham Road. When asked, ten residents of Falling Creek Farms who were present at the meeting stood is support of the crossover at Lynchester Road remaining open as well as installation of a traffic signal, if necessary. 1/24/0i 01-78 Mr. William Shewmake, representing the Broad Rock Fishing Club and various adjacent landowners, stated that Gregory's Pond has been in existence for over 150 years and has been a vital part of generations of families. He further stated that the developer, Mr. Richard Collier, worked with the residents to preserve the "rural feel" of the area and also to protect the pond. He stated that his clients fully support the project and feel it will be a vast improvement over the existing zoning. Mr. Dick White, representing the 360 East Corridor Committee and Bexley Homeowners Association, stated that the Committee supports the request. He reiterated the need to keep the Lynchester Road crossover open. There being no one else present to speak to the Case, the public hearing was closed. When asked, Mr. McCracken stated that VDOT has not taken a position on the Lynchester Drive crossover and noted that, at this time, the Transportation Department will follow the Board's direction to keep the crossover open. He stated that a traffic signal may be justified as the development progresses. Mr. Warren expressed appreciation to Messrs. Scherzer and Collier for their efforts in addressing citizens' concerns. He stated that he is pleased that the Lynchester Drive crossover will remain open and the developer has agreed to pay for a traffic signal, if justified. Mr. Warren then made a motion, seconded by Mr. Miller, for the Board to approve Case 01SN0120 and accept the proffered conditions. Mrs. Humphrey suggested that staff address the issue of notifying citizens from other districts when zoning requests for property located in close proximity to the other district are involved. She encouraged the Falling Creek Farms residents to attend the 360 East Corridor Committee meetings. She expressed appreciation to Mr. Collier for the quality developments that he has brought to the County. Mrs. Humphrey then called for a vote on the motion of Mr. Warren, seconded by Mr. Miller, for the Board to approve Case 01SN0120 and accept the following proffered conditions: Master Plan. In addition to the following conditions, the Conceptual Plan prepared by Balzer and Associates, Inc., dated November 3, 2000, entitled "Amberleigh Conceptual Plan," and the Textual Statement dated November 3, 2000, shall be considered the Master Plan. With respect to the Conceptual Plan, relative to the residential development, the location of the dwelling units; open spaces, recreational areas, roads, accesses, driveways and parking areas need not be exactly as shown on the Conceptual Plan; however, the concepts of the Plan shall be generally adhered to such as the orientation of dwelling units to one another, to common parking areas, to open spaces and to spaces and to rights of way; landscaped setbacks, the orientation of dwelling units such that the number of garage doors opening to any individual street are minimized; the clustering of dwelling groups around common parking areas; and pedestrian links to the commercial development. With respect to the Conceptual Plan relative to the commercial development, the location of the buildings, roads, accesses, driveways and parking area need not be exactly as shown on the Conceptual Plan; however, the 01-79 /24/oz o o o o concepts of the Plan shall be generally adhered to such as pedestrian links to the residential development~ buildings surrounding courtyards; articulation of buildings to reinforce sense of entry; development of an east/west road through the project with associated pedestrian system, street trees, on-street parking and street lights; and parking aggregated to the rear or sides of buildings. (P) The public water and wastewater systems shall be used. (U) Cash Proffer. The applicant, subdivider, or assignee (s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the property for each dwelling unit in excess of ninety-eight (98) units: The amount approved by the Board of Supervisors not to exceed $6,084.00 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 payment is made if paid after June 30, 2001. At the time of payment, the $6,084.00 will be allocated among facility costs as follows: $1,717.00 for schools, $773.00 for parks, $243.00 for libraries, $244.00 for fire stations, and $3,107.00 for transportation facilities if paid prior to July 1, 2001. Thereafter, such adjusted payment shall be prorated as set forth above. m o If any of the cash proffers are not expended for the purposes designated by the Capital Improvement program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. (B&M) Storm Water Management Facilities or BMP's. Any open basins required for water quantity or quality control that are visible from public roads or from residences shall be landscaped or otherwise improved so that facilities become visual enhancements to, and amenities for, the uses developed on the property. At the time of tentative subdivision review and site plan review, a plan depicting this requirement shall be submitted to the Planning and Environmental Engineering Departments for review and approval. (P & EE) Access to Hull Street Road. Direct access from the property to Hull Street Road shall be limited to two (2) entrances/exits. These accesses shall be located as generally shown on the Conceptual Plan. The exact location of these accesses shall be approved by the Transportation Department. (T) Right of Way Dedication. Ao Special Access Street. In conjunction with the recordation of the initial subdivision plat or prior to any site plan approval, which ever comes first, a fifty (50) foot wide right of way for a special access street from Gregory Pond Road, through the property, to the western property line, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right of way shall be approved by the Transportation Department. X/24/OX 01-80 o o m o Gregory Pond Road. Prior to any site plan approval, thirty (30) feet of right of way on the west side of Gregory Pond Road, measured from the centerline of that part of Gregory Pond Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Transportation Improvements. To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following: a ° Construction of additional pavement along the westbound lanes of Hull Street Road at each approved access and at the Gregory Pond Road intersection to provide separate right turn lanes, based on Transportation Department standards; bo Construction of additional pavement along the eastbound lanes of Hull Street Road at the Gregory Pond intersection to provide an adequate left turn lane, as determined by the Transportation Department; C · Construction of a two (2) lane special access street from Gregory Pond Road to the western property line; do Construction of a four (4) lane typical section (i.e. one (1) northbound lane and three (3) southbound lanes) for Gregory Pond Road/special access street at its intersection with Hull Street Road. The exact design for this improvement shall be approved by the Transportation Department; e o Full cost of traffic signal modification at the Gregory Pond Road/Hull Street Road intersection as required by the Transportation Department; f ° Construction of additional pavement along the eastbound lanes of Hull Street Road at the site road that aligns the Lynchester Drive intersection ("site road") to provide an dual left turn lane as determined by the Transportation Department; go Construction of a five (5) lane typical section (i.e., two (2) northbound lane and three (3) southbound lanes) for site road at its intersection with Hull Street Road; h° Full cost of traffic signal installation at the site road/Lynchester Drive/Hull Street Road intersection, if warranted as determined by the Transportation Department; and Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) Transportation Phasing Plan. Prior to any construction plan approval or site plan approval, whichever occurs first, a phasing plan for the required roadway improvements, as identified in Proffered Condition 7, shall be submitted to and approved by the Transportation Department. (T) Timbering Restriction. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no 01-81 1/24/01 10. 11. 12. 13. 14. 15. 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) Office/Commercial Building Size Restriction. Other than one (1) single C-3 user (excluding any use permitted by right or with restrictions in the 0-1 District) which may not exceed 60,000 gross square feet, no other individual C-3 user (excluding any use permitted by right or with restriction in the O-1 district) shall exceed 20,000 gross square feet. Individual buildings shall not exceed 15,500 gross square feet unless such building is designed to incorporate a variety of off-sets, other architectural variations or other features so as to avoid monotonous facades and bulky masses. (P) Recreation. There shall be no active outdoor recreation including docks provided within 400 feet of Gregory's Pond. This shall not preclude passive recreation such as benches, paths, gazebos, etc. within 400 feet of Gregory's Pond provided such uses are located so as to minimize their impact on adjacent properties. Signs shall be posted along the boundaries of the property adjacent to Gregory's Pond indicating "No Trespassing Private Pond." The design of the signs shall be compatible with the residential character of the area. The exact design of the signs shall be approved by the Planning Department. The common area recreational amenities shall not include playground equipment, play fields or other facilities primarily associated with children's play. Adult facilities including, but not limited to, swimming pools, putting greens or shuffleboard shall be permitted. (P) Drainage. Ao m o Co Ail portions of the developed project area that drain directly or indirectly to Gregory's Pond shall not opt out of the Chesapeake Bay Act requirements. In addition, to the extent practical, drainage will be diverted away from Gregory's Pond. A drainage study shall be submitted to the Chesterfield County Environmental Engineering Department documenting that stormwater shall be retained on site based upon the post development 2, 10 and 100 year storm and the release rate shall be such that it will not cause the peak pre-development 2, 10 and 100 year storms for Gregory's Pond (as analyzed at the existing dam) to be increased. Stormwater shall be retained on site and released at the capacity of the existing culvert at Gregory Pond Road and Route 360 or improvements shall be made to the culvert to meet current VDOT criteria. (EE) Other than access to accommodate road improvements, there shall be no access to Gregory Pond Road until such time as Gregory Pond Road is improved in accordance with Proffered Condition 7.D. (T) Until such time as the project is fully developed and all initial occupancy permits have been granted, all exterior construction activity shall be limited to between the hours of 6:00 am and 9:00 pm. This condition shall not preclude interior construction activity once the structure is enclosed by walls and a roof. (P) The emergency access shown on the Conceptual Plan shall be constructed prior to the issuance of more than fifty (50) building permits. In addition, prior to release of 1/24/01 01-82 more than fifty (50) building permits, this emergency access shall tie into driveways or roads within the commercial tract so as to accommodate emergency vehicular movements from the R-TH tract to Route 360 via a driveway or road which connects to Gregory Pond Road. (F) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 18. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned at 9:09 p.m. until February 8, 2001 at 7:30 a.m. for a meeting with the County's legislative delegation. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ~2~une ~ } ' ~amTnS 2 sYt r~at o ~ Renny Bush Humphrey Chairman 01-83