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02-28-2001 MinutesBOARD OF SUPERVISORS MINUTES February 28, 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: Colonel Carl R. Baker, Police Department Mr. Craig Bryant, Dir., Utilities Dr. Billy K. Cannaday, Jr. Supt., School Board Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Mr. James Dunn, Dir., Economic Development Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Ms. Karla J. Gerner, Dir., Human Resource Mgmt. Mr. 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 Mr Louis Lassiter, Dir., Internal Audit Mr Jacob W. Mast, Jr. Nursing Home Admin. 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. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office 2/28/01 01-204 Mrs. Humphrey called the regularly scheduled meeting to order at 3:42 p.m. 1. APPROVAL OF MINUTES There were no minutes to be approved at this time. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey recognized members of the Budget staff who were present at the meeting and stated that the Budget Department has been awarded the Distinguished Budget Presentation t~ard by the Government Finance Officers Association of the United States and Canada (GFOA) for the 17th consecutive year. He commended Ms. Dickson and staff for their expertise in preparing the County's financial plan. Mr. McHale commended the Budget staff for their sustained efforts as well as continuous improvement in producing the County's financial plan. 3. BOARD COMMITTEE REPORTS Mr. Barber stated that he will hold a joint constituents' meeting relative to the FY2002 Proposed Budget with Mrs. Humphrey and Mr. Warren on March 5, 2001. Mr. Miller stated that he will hold a joint constituents' meeting on March 8, 2001 with Mrs. Humphrey relative to the FY2002 Proposed Budget. Mr. McHale stated that he will hold a constituents' meeting on March 19, 2001 relative to the FY2002 Proposed Budget. Mrs. Humphrey stated that, in addition to the joint constituents' meetings, she will also hold a constituents' meeting on March 13, 2001 relative to the FY2002 Proposed Budget. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board moved Item 8.A., Acceptance of a Bid to Purchase Chesterfield County General Obligation Public Improvement Bonds, Series 2001 to follow Item 5., Resolutions and Special Recognitions; replaced Item 8.B.5., Award of Construction Contract to CB&I Constructors, Incorporated for the Midlothian Pump Station and Tank, Phase II Project; added Item 8.B.11., Award of Contract to Shoosmith Brothers, Incorporated for the Centre Street Reconstruction Project; added Item 8.B.12., Adoption of Resolution Recognizing March 2001, as "Purchasing Month"'; added Item 8.B.13., Cancellation of Public Hearing to Consider the Adoption of an Ordinance to Amend the Floodplain Ordinance Relating to the Implementation of Swift Creek Reservoir Watershed Master Plan; added Item 8.B.14., Transfer of District Improvement Funds from the Clover Hill District to the Parks and Recreation Department for Turf Improvements and Irrigation at Swift Creek Elementary School; added Item 8.B.15., Appropriation of Funds and Authorization to Award Contract for the Route 360 Landscaping Project Phase 2; replaced Item 10.B., Report on the Status of General Fund Balance, Reserve for 2/28/01 01-205 Future Capital Projects, District Improvement Funds and Lease Purchases; deleted Item 17., Hearing of Citizens on Unscheduled Matters or Claims -- Ms. Stephanie Floyd to Address the Board Regarding the Issue of Maintaining the Quality of Existing Ice Skating Programs in Chesterfield County; and adopted the Agenda, as amended. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Resolutions or Special Recognitions at this time. 8 .a0 ACCEPTANCE OF A BID TO PURC~IASE CHESTERFIELD COUNTY GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2001 Ms. Dickson stated that bids were received today on the fifth increment of bonds authorized in the 1996 Bond Referendum. She further stated that the sale represented $60,350,000 in General Obligation Bonds. She stated that staff is requesting that the Board authorize the acceptance of the proposal from the lowest bidder, Legg, Mason, Wood, Walker, Incorporated, and indicated that the bonds were sold at a true interest cost of 4.609 percent. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the acceptance of a proposal from Legg, Mason, Wood, Walker, Incorporated to purchase $60,350,000 principal amount of Chesterfield County General Obligation Public Improvement Bonds, Series 2001, with an interest cost of 4.609 percent. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. Mr. Ramsey called forward Ms. Curtin to present an update on the status of the General Assembly's State budget. Ms. Curtin stated that the General Assembly adjourned last weekend without adopting a budget. She further stated that it is anticipated that a special session will be called by the Governor to handle the budget issue. She stated that, if the General Assembly fails to take action to amend the existing budget, the default is to revert back to the budget adopted last year by the General Assembly. She further stated that issues for local governments include the possibilities of an unbalanced budget due to declining revenues since adoption of the FY01 budget and cuts by the Governor in State agency budgets. She noted that it is anticipated that education, health and social services will be exempt from the Governor's budget cuts. She stated that it is also anticipated that the Governor would be cutting approximately $189 million out of FY01 and more than $200 million out of the FY02 budget to bring the budget back into balance. Discussion, questions and comments ensued relative to the possibility of reduction in the State's funding Route 288 in the State budget. Mr. Ramsey stated that the entire Route 288 project is currently under contract and he feels it would be a challenge for the State to renege on signed contracts. 2/28/01 01-206 Mrs. Humphrey requested that Ms. Curtin provide an update at each Board meeting until adoption of the State budget. 6. WORK SESSIONS o COUNTY ADMINISTRATOR'S FY2002 PROPOSED BUDGET Ms. Dickson called forward Dr. Cannaday to present the Superintendent's Proposed Annual Financial Plan for FY2002. Dr. Cannaday reviewed budget priorities including attracting and retaining quality staff; responding to mandates; responding to community expectations; and sustaining value-added programs and services. He then reviewed the decision-making process used in preparing the budget. He reviewed proposed expenditure increases and projected revenue increases and stated that the fiscal challenge was to balance and support the priorities with the revenue falling short of the expenditures request. He stated that the Schools chose to redirect existing resources to support the priorities. He reviewed redirected resources including reducing the staffing reserve; assigning department heads five classes instead of the current four classes; modifying guidance staffing standards; reducing psychologist and social worker positions; modifying library assistant contracts; reorganizing technology coordinator roles; reducing school and central office budgets by 13 percent; eliminating Standards of Learning (SOL,) rewards program; and other internal adjustments. When asked, Dr. Cannaday stated that the enrollment growth during the current school year was only six-tenths of one percent. Mr. Barber stated that he feels the larger elementary schools might need more than one guidance counselor. Dr. Cannaday stated that each elementary school will be reviewed on an individual basis to determine its need for additional guidance counselors. He then reviewed budget highlights in the area of attracting and retaining quality staff including a four percent increase in salary for all employees; adjusting the middle of the teacher salary' range; increasing department chair and lead teacher supplements; and increasing substitute pay. He then reviewed the proposed mid- scale adjustment and stated that teacher salary increases will include a minimum of four percent being provided for all teachers; 47 percent of teachers will receive a six percent or greater increase; and an additional ten percent of teachers will receive between five and six percent. Mr. Miller expressed concerns relative to rewarding of teachers with many years of tenure who are at or near the top of the pay scale. Mrs. Humphrey expressed concerns relative to the 42 percent of teachers who leave to go to other school systems. Dr. Cannaday continued to review budget highlights relative to attracting and retaining quality staff including maintaining the Schools' health care contribution; paying the retiree health care credit; maintaining the Early Retirement Incentive Plan; increasing sick leave pay-out; and improving the work environment. He then reviewed budget highlights relative to responding to mandates including increased debt service; bus replacements; special needs staff; information systems contract services; and County-provided services. He reviewed budget issues relative to responding to community expectations including new and replacement textbooks; building maintenance; 01-207 Algebra readiness; increasing K-3 reading intervention services; and maintaining school nurse services. He then reviewed budget issues relative to sustaining value-added programs and services including continuation of specialty center programs; alternative education; Governor's School tuition; and Regional Math and Science Center contribution. There was brief discussion relative to the cost and number of students participating in specialty center programs. When asked, Dr. Cannaday stated that information is not currently available relative to the cost per pupil in regular education and the cost per pupil in a specialty center program. He further stated that research shows that all students experience some regression during the summer break and noted that the summer school program is changing significantly this year in that it will run from mid-July to mid-August to prepare students for the coming year rather than catching them up from the previous year. He stated that staff met with every group that would be impacted by the redirected resources. He further stated that staff tried to minimize the impact of the redirected resources based on revenues that were projected and that would remain stable. He stated that the School's proposed financial plan will build on the successes of the past and also create new successes in the future. Mr. Ramsey requested that the Board hear the deferred item relative to the Health Center Commission at this time because the Commission's Chairman has another obligation and will need to leave the meeting soon. 7. DEFERRED ITEMS O PRESENTATION FROM REPRE~ElqTATIVES OF THE CHESTERFIELD HEALTH CENTER COMMISSION TO CONSIDER AN EXTENSION OF ORIGINAL ADVANCE TO THE CHESTERFIELD HEALTH CENTER COMMISSION AND APPROPRIATION OF ADDITIONAL ADVANCE Mr. Wayne Edmunds, Chairman of the Health Center Commission, expressed appreciation for the Board's past support of Lucy Corr Village. He stated that the Commission negotiated a $2,500,000 contribution from the private sector combined with a $2.5 million County contribution to assist with increased construction costs; successfully obtained financing; and moved forward with the bid process and construction phase. He further stated that rising costs and unanticipated construction delays have placed a financial burden on the Commission. He stated that the contract for the initial construction phase of the new nursing home facility contained a targeted completion date of June 18, 1998 and noted that the facility was not actually completed until August 10, 1999. He further stated that the second construction phase, renovation of the existing facility primarily into assisted living space, was originally scheduled to be completed on December 18, 1998 and noted that the Commission has not yet occupied the assisted living complex. Mr. Miller expressed concerns relative to options for relief from the construction contract. There was brief discussion relative to reviewing of the contractor's past history prior to awarding the contract. Mr. Edmunds stated that, once the assisted living complex is up and running, he feels the additional funds generated will 01-208 2/28/01 subsidize the nursing home. He further stated that the Commission projects that it will take nine to eighteen months for full occupancy of the assisted living complex. Mrs. Humphrey expressed concerns relative to the commitment that the Board made when it instituted the Health Center Commission. Mr. Ramsey stated that the current annual subsidy to the nursing home is $400,000. He further stated that, when the new nursing home was considered, it was projected that it would take four years of operation to become self-sufficient. He indicated that the four-year time frame is just now beginning. When asked, Mr. Ramsey stated that annual subsidies since 1993 to the nursing home total approximately $4 million. Mr. Miller expressed concerns subsidizing private business. relative to the County Mr. McHale stated that, during the process of considering the Health Center Commission concept, the Board assured concerned citizens that the County would stand by Lucy Corr during the transition process. He further stated that the transition process is not yet complete and it was his understanding that subsidies would continue until such time as the transition was successful. He stated that he feels the Board made a commitment to Lucy Corr to extend cash flow coverage for their operations in the amount of $1 million and indicated that he feels the Board should fulfill its commitment by authorizing the appropriation of a $300,000 advance to the Health Center Commission. Mr. Barber stated that staff did not recommend the Health Center Commission concept, but the Board approved it and indicated that it would support the Commission during the transition. He further stated that he is not uncomfortable with the support that the County provides the Health Center Commission, but indicated that he feels the Board should be kept more advised of issues being faced by the Commission. Mr. Miller stated that he would welcome any opportunity to invite alternative methods to judge whether or not results being produced by the Health Center Commission live up to taxpayers' expectations. Mr. McHale made a motion for the Board to approve a second extension of the advance to the Chesterfield Health Center Commission from a repayment date of January 15, 2001 to January 15, 2002, and authorize the appropriation of a $300,000 advance with a January 15, 2002 repayment date. Mr. Barber seconded the motion. Mr. Miller expressed concerns relative to threatened litigation regarding the construction contract and stated that he would rather wait until after the closed session to vote on the issue. Mrs. Humphrey stated that she concurs with Mr. Miller. Mr. McHale made a substitute motion, seconded by Mr. Barber, for the Board to move Item 7., Presentation From Representatives of the Chesterfield Health Center Commission to Consider an Extension of Original Advance to the Chesterfield Health Center Commission and Appropriation of Additional Advance, to follow Item 11., Closed Session pursuant to Section 2.1-344(a) (7), Code of Virginia, 1950, as amended, for 01-209 2/28/01 consultation with legal counsel regarding specific legal matters relating to threatened litigation arising out of the construction of the Lucy Corr Nursing Home. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. COUNTY ADMINISTRATOR'S FY2002 PROPOSED BUDGET (Continued) Mr. Stith came forward and presented an overview of Community Development's Annual Financial Plan for FY2002. He stated that Community Development's proposed budget totals $75.67 million and estimated revenues for FY2002 total $67.80 million. He reviewed Community Development accomplishments and future issues including implementation of the Community Development Information System; need for additional office space; staff and resources to support complex issues surrounding the County's growth; and difficulty in filling vacant positions. Mr. Miller questioned the increase in Community Development's proposed FY2002 budget from its adopted FY2001 budget. Mr. Stith indicated that the budget figures will be provided to the Board. He reviewed 2000-2001 successes in Building Inspection and stated that 100 percent of initial commercial plans are reviewed within 30 days and 99.9 percent of initial residential plans are reviewed within ten days. He then reviewed successes in the Community Development Block Grant Office and Economic Development. He reviewed future Economic Development issues including inventory of zoned industrial sites; Workforce Development; redefining of manufacturing processes to reflect new technologies; and impact on any economic downturn. He reviewed 2000-2001 successes in Environmental Engineering and stated that the turnaround time for plans under review has been reduced by 47 percent since FY98. He then reviewed Planning Department successes and future Planning Department issues including development of new approaches to shape residential development and a new strategy to prevent blight. He reviewed 2000-2001 Successes in the Transportation and Utilities Departments and future issues in Utilities including continued planned water Capital Cost Recovery Charge (CCRC) increase over the next four years; water CCRC increase; increasing regulatory requirements governing water and wastewater will result in increased capital and operating costs; expansion of payment options (credit card, Internet) to enhance customer service; and identification of long term water needs. He expressed appreciation to the Board for past support. 8. NEW BUSINESS 8.B, CONSENT ITEMS 8,B.1. ADOPTION OF A RESOLUTION MODIFYING AND UPDATINH THE EMERGENCY OPERATIONS PLAN WITH ANNEXES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, there exist dangers of many types including man- made disasters, natural disasters and possible hostile actions of an unknown enemy; and WHEREAS, the safety and protection of the citizens and 2/28/0~ 01-210 property are the foremost concern to the Board of Supervisors of Chesterfield County; and WHEREAS, the Board of Supervisors desires and the Commonwealth of Virginia and Federal Government require the adoption of appropriate planned protection measures. NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of the County of Chesterfield this 28th day of February, 2001, that it hereby adopts the Chesterfield County Emergency Operations Plan with annexes as written as the necessary basic plan for County emergency management. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8 .B.2. ACCEPTANCE OF A PARCEL OF LAND ALONG THE WEST LINE OF COMMONWEALTH CENTRE PARKWAY FROM BRANDERMILL- OXFORD LIMITED PARTNERSHIP On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted a parcel of land along the west line of Commonwealth Centre Parkway containing approximately .038 acres from Brandermill-Oxford Limited Partnership, and authorized the County Administrator to execute the acceptance of the Deed. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.3 APPROVAL OF FY2001 SCHOOL BOARD GRANT FUND MID-YEAR REVISIONS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board increased Instruction appropriations in the School Grants Fund by $146,548 for programs as outlined in the papers of this Board. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.4. APPROVAL OF CHANGE ORDERS 8 .B.4 .a. FOR AN INCREASE DUE TO MODIFICATION IN THE QUANTITY OF RADIO EQUIPMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to approve Change Order Number 15, in the amount of $168,838, to the Motorola, Incorporated contract due to modification in the quantity of radio equipment at the County's request. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.4.b. FOR THE JUVENILE AND DOMESTIC RELATIONS COURTS PROJECT FOR THE INSTALLATION OF INFRASTRUCTURE TO SUPPORT VIDEO DOCKETING On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board 2/28/0Z 01~211 authorized the County Administrator to execute a change order with Kenbridge Construction Company, in the amount of $16,562, for installation of infrastructure to support Video Docketing for the Juvenile and Domestic Relations Courts Project, and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8 .B.4 .c. FOR ROUTE 1 WATER LINE IMPROVEMENTS, P~ASE III PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Change Order Number One, in the amount of $16,000, for County Project #96-0173R - Route 1 Water Line Improvements, Phase III, and authorized the County Administrator to execute the necessary documents. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8 .B.4 .d. FOR THE COURTS BUILDING ALTERATIONS AND RENOVATION PROJECT FOR THE RETROFIT OF AN IMPROVED PNEUMATIC TUBE CARRIER SYSTEM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a change order with Kenbridge Construction Company, in the amount of $27,681, for the installation and retrofit of an improved pneumatic tube system for the General District Court, and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8 .B.5. AWARD OF CONSTRUCTION CONTRACT TO CB&I CONSTRUCTORS, INCORPORATED FOR THE MIDLOTHIAN PUMP STATION AND TANK, PHASE II PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract, in the amount of $2,614,000, to CB&I Constructors, Incorporated for County Project #99- 0122B, Midlothian Pump Station and Tank - Phase II; authorized the transfer of funds from 00-0123 to this project; and authorized the County Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.6. SET DATES FOR PUBLIC ~ARINGS 8.B.6.a. TO CONSIDER THE ABANDONMENT OF GREENPINE ROAD, STATE ROUTE 948 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board 2/28/01 01-212 adopted the following resolution: RESOLUTION OF CHESTERFIELD COUNTY'S INTENTION TO CONSIDER A RESOLUTION AND ORDER TO ABANDON GREENPINE ROAD, STATE ROUTE 948 Pursuant to Section 33.1-151 of the Code of Virqinia, 1950, as amended, be it resolved that the Chesterfield[ County Board of Supervisors hereby gives notice that at a regular meeting to be held on April 4, 2001, at 7:00 p.m. it will consider a Resolution and Order to abandon Greenpine Road, State Route 948, from Whitepine Road, State Route 701, to Redpine Road, State Route 947, a distance of 0.27 miles, since it serves no public necessity and is no longer necessary as a part of the secondary system of State Highways. Accordingly, the Clerk of the Board shall send a copy of this Resolution to the State Transportation Commissioner thereof. The Clerk shall further cause to published and posted the required notices of the Board's intention to abandon Greenpine Road, State Route 948. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.6.b. TO CONSIDER AMENDMENTS TO CRIMINAL BACKGROUND CHECKS FOR COUNTY VOLUNTEERS AND VOLUNTEERS OF RESCUE SQUADS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of April 4, 2001 at 7:00 p.m. for a public hearing to consider amendments to Section 2-79 of the County Code relating to criminal background checks for County volunteers and volunteers of rescue squads. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.7. APPROPRIATION OF GRANT FUNDS FOR VIRGINIA EXILE PROSECUTOR IN CHESTERFIELD COUNTY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Commonwealth Attorney to enter into a grant agreement with the Department of Criminal Justice Services (DCJS) to provide funding for a Virginia Exile Prosecutor and administrative position in the County, and appropriate revenue and expenditures related to this grant when received, not to exceed $117,996. (It is noted the Budget and Management: Office will identify the source for the required local cash match of $12,825 in FY2001.) Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.8. CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INCORPORATED TO INSTALL UNDERGROUND CABLE TO PROVIDE SERVICE TO THE NEW COMMUNICATIONS TOWER AT HARROWGATE PARK On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the 2/28/0~ 01-213 County Administrator to execute an easement agreement with Verizon Virginia Incorporated to install underground cable to provide service to the new communications tower at Harrowgate Park. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8,B.9. REQUESTS TO QUITCLAIM 8.B 9.a. A SIXTEEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF DUNG THI LEU On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen foot water easement across the property of Dung Thi Leu. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.9.b. A SIXTEEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF VIRGINIA PAINT DISTRIBUTING CORPORATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen foot water easement across the property of Virginia Paint Distributing Corporation. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8 .B.10. INITIATION OF AN APPLICATION FOR SUBSTANTIAL ACCORD TO PERMIT A PEDESTRIAN TRAIL ALONG FALLING CREEK On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board initiated an application for substantial accord to permit a pedestrian trail along Falling Creek on property at 6150 Jefferson Davis Highway: PIN 791-685-1445 and 2530 Marina Drive: PIN 791-684-7484 to access the Historical Ironworks Site, and appointed Mr. Stuart Connock, Department of Parks and Recreation, as the Board's agent. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.11. AWARD OF CONTRACT FOR THE CENTRE STREET CONSTRUCTION PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a contract, in the amount of $783,642, for the Centre Street Reconstruction Project. Ayes: Humphrey, Miller, Barber and McHale. 2/28/01 01-214 Nays: None. Absent: Warren. 8.B.12. ADOPTION OF RESOLUTION RECOGNIZING MARCH 2001, AS ~'PURCHASING MONTH" On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the purchasing and materials management profession has a significant role in the quality, efficiency and profitability of business and government throughout the United States; and WHEREAS, the purchasing and materials management profession works for private and public, and profit and nonprofit organizations; and WHEREAS, in addition to the purchase of goods and services, the purchasing and materials management profession engages in or has direct responsibility for functions such as executing, implementing and administering contracts; developing forecast and procurement strategies; supervising and/or monitoring the flow and storage of materials; and developing working relations with suppliers and with other departments within the organization; and WHEREAS, the purchasing and materials management profession has tremendous influence on the economic conditions in the United States, with an accumulative purchasing power running into the billions of dollars; and WHEREAS, purchasing or procurement operations range from departments of one person to several thousand; and WHEREAS, governmental purchasing and other associations around the world are sponsoring activities and special, events to further educate and inform the general public on the role of purchasing within business, industry and government. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the month of March 2001 as "Purchasing Month" in Chesterfield County and encourages all citizens to join in commemorating this observance. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.B.13. CANCELLATION OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE TO AMEND THE FLOODPLAIN ORDINANCE RELATING TO THE IMPLEMENTATION OF SWIFT CREEK RESERVOIR WATERSHED MASTER PLAN On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board canceled the public hearing scheduled for March 14, 2001 to consider the adoption of an ordinance to amend the floodplain ordinance relating to the implementation of Swift Creek Reservoir Watershed Master Plan. Ayes: Humphrey, Miller, Barber and McHale. z/28/0 01-215 Nays: None. Absent: Warren. 8,B.14. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE CLOVER HILL DISTRICT TO THE PARKS AND RECREATION DEPARTMENT FOR TURF IMPROVEMENTS AND IRRIGATION AT SWIFT CREEK ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $13,230 from the Clover Hill District Improvement Fund to the Parks and Recreation Department for turf improvements and irrigation at Swift Creek Elementary School. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8,B.15. APPROPRIATION OF FUNDS AND AUTHORIZATION TO AWARD CONTRACT FOR THE ROUTE 360 LANDSCAPING PROJECT PHASE 2 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $300,000 in anticipated Virginia Department of Transportation (VDOT) reimbursements and authorized staff to award a landscaping contract, up to $300,000, to the lowest responsible bidder for the Route 360 Landscaping Enhancement Project Phase 2. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following reports: A report on Developer Water and Sewer Contracts and a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 11. CLOSED SESSION PURSUANT TO SECTION 2.1-344(A) (7), CODE OF VIRGINIA, 1950, AS AMENDED FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS RELATING TO THREATENED LITIGATION ARISING OUT OF THE CONSTRUCTION OF THE LUCY CORR NURSING HOME On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board went into a Closed Session pursuant to Section 2.1-344(A) (7), Code of Virginia, 1950, as amended for consultation with legal counsel regarding specific legal matters relating to threatened litigation arising out of the construction of the Lucy Corr Nursing Home. 01-216 2/28/01 Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. On motion of Mr. McHale, seconded by 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 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. Barber: Aye. Mr. Miller: Aye. Mrs. Humphrey: Aye. O PRESENTATION FROM REPRESENTATIVES OF THE C~ESTERFIE:LD HEALTH CENTER COMMISSION TO CONSIDER AN EXTENSION OF ORIGINAL ADVANCE TO THE CHESTERFIELD HEALTH CENTER COMMISSION AND APPROPRIATION OF ADDITIONAL ADVANCE Mr. McHale again made a motion for the Board to approve a second extension of the advance to the Chesterfield Health Center Commission from a repayment date of January 15, 2001 to January 15, 2002, and authorize the appropriation of a $300,000 advance with a January 15, 2002 repayment date. Mr. Barber stated that he had seconded Mr. McHale's earlier motion so that the Board could discuss the issue, but expressed concerns relative to the length of time for construction delays and stated that he feels there are still unresolved issues. When asked, Mr. Ramsey stated that the inter-jurisdictional agreement that put the Health Center Commission into place contains a clause that the Board would lend up to $1 million for operating cash flow purposes. He further stated that the Commission's request for an additional $300,000 loan is within the obligation that was agreed to by the Board. He stated that the agreement did not address an amount or length of time relating to the County's annual subsidy of the facility. When asked, Mr. Mast stated that he recalls it was originally projected that once the entire facility was on-line and at capacity, there would be a two-year period before i'm would become self-sufficient. Mr. Barber stated that he feels the County should appoint an independent person to address the financial situation of the 01-217 2/28/01 Health Center Commission as it exists today and determine what can be projected into the future. Mr. Barber suggested that the motion be amended to appropriate $270,000 of the requested $300,000 advance to the Health Center Commission and retain $30,000 to hire a qualified consultant to investigate the financial intricacies of the Health Center Commission as it relates to the health care market and make recommendations relative to suggested methods for future repayment of loans. Mr. Miller stated that, because the previous Board made a commitment to loan the Health Center Commission up to $1 million, he is prepared to support a motion that would honor the BoardTs obligation. He stated that he does feel there should be a method to determine the parameters of the CountyTs continued obligation and indicated that he would support an amended motion as suggested by Mr. Barber. Mr. McHale stated that he feels the Board made a commitment to loan the Health Center Commission up to $1 million. He expressed concerns relative to the impact of reducing the requested appropriation by $30,000. Mr. Barber stated that he feels the Board should have a firm handle on the financial management of the Health Center Commission before making further commitments. When asked, Mr. Ramsey stated that he recommends that the Board honor the Commission's request for $300,000 because of current needs. He further stated that he recommends that staff secure cost estimates and bring a contract for the Board's approval to authorize a professional study of the market and projected revenues for the Lucy Corr facility. Mr. Miller stated that, after hearing Mr. Ramsey's comments, he will second Mr. McHale's motion. Mr. Barber stated that he does not feel staff has the expertise in the health care industry to provide an analysis that would increase his comfort in continuing to provide appropriations to the Health Center Commission and, without that information, he will not support continuing subsidy or loan amounts to the Health Center Commission. Mr. Miller stated that he, too, will not vote on continuing any obligation beyond the requested $300,000 without information relative to the financial direction of the Health Center Commission. Mr. McHale stated that he understands the concerns expressed by Messrs. Barber and Miller. He further stated that he feels it would be appropriate for staff to provide a recommendation on how to approach future financing of the Health Center Commission prior to the Board's adoption of the FY2002 budget. He stated that he still feels the Board should honor its commitment by approving the request of the Health Center Commission and indicated that he would not accept the amendment suggested by Mr. Barber. Mrs. Humphrey called for a vote on the motion made by Mr. McHale, seconded by Mr. Miller, for the Board to approve a second extension of the advance to the Chesterfield Health Center Commission from a repayment date of January 15, 2001 to January 15, 2002, and authorize the appropriation of a $300,000 advance with a January 15, 2002 repayment date. Ayes: Humphrey, Miller and McHale. Nays: Barber. Absent: Warren. 2/28/01 01-218 12. DINNER On motion of Mr. McHale, seconded by Mr. Miller, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. Reconvening: Mr. Warren arrived at the meeting. 13. INVOCATION Reverend Calvin Eaves, Pastor of Clover Hill Baptist Church, gave the Invocation. Following the invocation, he presented each Board member with an engraved Bible in appreciation of their community support. Mrs. Humphrey expressed appreciation to Reverend Eaves for the Bible. Mr. Miller also expressed appreciation to Reverend Eaves for the Bible. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scouts Gabe Nelson, Gary Wooldridge and Daniel Wilmoth led the Pledge of Allegiance to the Flag of the United States of America. Mrs. Humphrey stated that she has had two constituents contact her in the last couple of days to compliment the exemplary conduct and demeanor of the Board members. She expressed appreciation to each Board member for the working relationship they enjoy and also for their positive presence in the County. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 15.1. MR. JOHN GABRIEL NELSON, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Gabe Nelson 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 D0 Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, 2/28/01 01-219 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. John Gabriel Nelson, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Gabe 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. John Gabriel Nelson 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. Barber presented the executed resolution and patch to Mr. Nelson, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Nelson expressed appreciation to the Board for the recognition and also to his parents, scoutmasters and God for their support. 15.2. MR. GARY MICHAEL WOOLDRIDGE, CLOVER HILL DISTRICT Mr. Hammer introduced Mr. Gary Wooldridge who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Gary Michael Wooldridge, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Gary has distinguished himself as a member of a new 2/28/01 01-220 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. Gary Michael Wooldridge 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. Barber presented the executed resolution and patch to Mr. Wooldridge, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Wooldridge expressed appreciation to the Board for the recognition and also to God, his parents, scoutmaster and church sponsor for their support. 15.3. MR. DANIEL ROSS WILMOTH, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Daniel Wilmoth who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Daniel Ross Wilmoth, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent oil 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, Daniel 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. Daniel Ross Wilmoth 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. Barber presented the executed resolution and patch to Mr. 01-221 /28/0z Wilmoth, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Wilmoth expressed appreciation to the Board for the recognition and also to God, his parents, scoutmasters and members of his troop for their support. Mrs. Humphrey recognized members of Boy Scout Troop 800 who were present at the meeting. 16. 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 BE HEARD AT SECTION 18 01SN0166 In Midlothian Magisterial District, REALTICORP requested amendment of Conditional Use (Case 00SN0188) and amendment of zoning district map to permit a fast-food restaurant. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies in a Corporate Office (0-2) District on 8.6 acres fronting approximately 520 feet on the north line of Old Buckingham Road, also fronting approximately 100 feet on the west line of Huguenot Road and approximately 860 feet on the west line of Alverser Drive and is located at the intersection of these roads. Tax ID 739-710-3155 and 5983 (Sheet 6). Mr. Jacobson stated that the Planning Commission deferred Case 01SN0166 to its August 21, 2001 meeting. He further stated that staff is requesting that the Board cancel the public hearing and the case will be rescheduled for the Board's consideration following the Planning Commission's recommendation. No one was present to speak to the cancellation. On motion of Mr. Barber, seconded by Mr. Miller, the Board canceled the public hearing for Case 01SN0166. Ayes: Humphrey, Miller, Barber, McHale and Miller. Nays: None. 01SN0175 In Dale Magisterial District, COURTS OF PRAISE PENTECOSTAL HOLINESS CHURCH requested rezoning and amendment of zoning district map from Neighborhood Office (O-1) to Residential (R- 12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre. This request lies on 1.7 acres lying approximately 680 feet off the east line of Iron Bridge Road, approximately 280 feet north of Willowbranch Drive. Tax ID 773-676-6622 and 8327 (Sheet 17) . 2/28/01 01-222 Mr. Jacobson stated that the Planning Commission deferred Case 01SN0175 to its April 17, 2001 meeting. He further stated that staff is requesting that the Board cancel the public hearing and the case will be rescheduled for the Board's consideration following the Planning Commission's recommendation. No one was present to speak to the cancellation. On motion of Mr. Miller, seconded by Mr. McHale, the Board canceled the public hearing for Case 01SN0175. Ayes: Humphrey, Miller, Barber, McHale and Miller. Nays: None. 00SN0262 (Amended) In Bermuda Magisterial District, MELVIN L. FISHER requested rezoning and amendment of zoning district map from Community Business (C-3) to Agricultural {A) with Conditional Use to permit Community Business (C-3) uses, plus display sheds, garages, carports and houses sales, including "shellJ~ houses sales. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 1.2 acres fronting approximately 300 feet on the east line of Jefferson Davis Highway, also fronting approximately 325 feet on the south line of Pinehurst Street and is located in the southeast quadrant of the intersection of these roads. Tax IDs 795-664-7592, 795-665-6610, 7102 and 8407 (Sheet 26). Mr. Jacobson presented a summary of Case 00SN0262 and[ stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Jefferson Davis Corridor Plan. Mr. Dale Gipe, 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. McHale, seconded by Mr. Miller, the Board approved Case 00SN0262 and accepted the following proffered conditions: Prior to any final site plan approval, sixty (60) feet of right of way on the east side of Route 1/301, measured from the centerline of that part of Route 1/301 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 0 No direct access shall be provided from the property to Route 1/301 or Pinehurst Street. (T) Uses permitted shall be limited to those uses permitted by right or with restrictions in the Community Business (C-3) District plus the following additional use: Display sheds, garages, carport and houses sales including "shell" houses sales, subject to the following restrictions. This use shall be granted for a period not to exceed ten (10) years from the date of approval and shall be limited to Melvin L. Fisher's use only and shall not be transferable nor run with the land. 01-223 2/28/01 No goods shall be produced on the premises for retail sale. Ail display areas, buildings, ~drives and parking areas shall have a minimum twenty-five (25) foot setback from the ultimate right of way of Route 1/301. Within this setback, landscaping shall be provided in accordance with Zoning Ordinance requirements for perimeter landscaping Bo d. Compliance with Proffered Condition 4. The only improvements permitted shall be the placement of display sheds, garages, carports and shell houses for sale, driveways, parking areas and required landscaping as stated herein; provide that the display sheds, garages, carports and shell houses for sale are self-supporting or self contained units without permanent foundations that are capable of being easily removed intact from the site. (P) Those uses permitted by this Conditional Use shall be developed in accordance with Zoning Ordinance requirements for the Jefferson Davis Highway Corridor. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0131 (Amended) In Matoaca Magisterial District, VERIZON (BELL ATLANTIC) requested amendment to Conditional Use (Case 75A020) and amendment of zoning district map to delete the approved Master Plan. Expansion of an existing telecommunications switching facility is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies in a Residential (R- 7) District on 1.3 acres and is known as 6107 Mockingbird Lane. Tax ID 730-674-4350, 5140 and 5630 (Sheet 16). Mr. Jacobson presented a summary of Case 01SN0131 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Ms. Gloria Freye, 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. McHale, the Board approved Case 01SN0131 and accepted the following proffered conditions: The Owner (the "Owner") in this request for an amendment to a conditional use permit, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Tax IDs 730-674-4350, 5140, and 5630 (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for the conditional use is granted. In the event the request is denied or approved with conditions not agreed to by the Owner, the proffered 2/28/01 01-224 conditions shall immediately be null and void and of no further force or effect. Dedications. Prior to any final site plan approval, or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, one hundred (100) feet of the right-of-way on the south side of Hull Street Road (Route 360), measured from the centerline of that part of Route 360 immediately adjacent to the Property, and any additional right-of-way across the Property as indicated on the approved plans for the widening of Route 360 (Project #0360-020-131, PE-101), shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Landscaping. Landscaping within the following setbacks shall meet the following requirements: a) Front yard (along Hull Street Road) - Perimeter Landscaping C. b) Corner side yard (along Mockingbird Lane) Perimeter Landscaping B. (P) 3. Buffers and Fencing. a) A twenty-five (25) foot buffer shall be provided along the southern property line, adjacent to Tax ID 730-674-6423. This buffer shall comply with Sections 19-520 through 19-522 of the Zoning Ordinance. In addition to the required landscaping within this buffer, a minimum eight and one half(8.5)foot high solid board fence shall be installed, for the length of the buffer, except where necessary to obtain adequate sight distance for access to Mockingbird Lane in which case the height and/or the length of the fence may be reduced. The exact treatment of the fence shall be approved at the time of site plan revJ_ew and approval. At such time that Tax ID 730-674-6423 is zoned for a non-residential use or the access is provided as outlined in Proffered Condition 4, this buffer and fence requirement shall be deleted if the owner of Tax ID 730-674-6423 consents to the removal of all or part of the buffer or fence. b) A split rail fence shall be installed along the eastern property line adjacent to Tax ID 730-674- 7150. If the access is provided to Tax ID 730-674- 7150 per Proffered Condition 4, openings may be provided in the fence to accommodate the access. The exact treatment of the fence shall be approved at the time of site plan review and approval. (P) 0 Access to Adjacent Parcels. The site plan shall identify a rectangular shaped area (the ~'Reserved Area") as generally shown on the plan dated December 27, 2000, prepared by Baskervill & Son for the purpose of facilitating a future public or private access road (the ~Access") to serve the parcels located to the east and/or south of the Property (Tax IDs 730-674-6423, 730-674-7150, 730-674-8233 and 731-674-2579). Within sixty (60) days from a written request by the Transportation De~,artment all or part of the Reserved Area shall be dedicated to Chesterfield County or an ingress/egress easement shall be granted, as determined by the Transportation Department, to facilitate the Access, if (a) Tax ID 730- 674-6423, 7150, 8233 or 731-674-2579 are zoned for non- 01-225 2/28/01 residential uses; and (b) the owner of Tax ID 730-674-6423 consents to the removal of all or part of the fence and buffer provided in Proffered Condition 3 above. The Owner shall not be responsible for the costs associated with the construction and maintenance of the Access. (T) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0150 In Bermuda Magisterial District, MINEOLA LAND TRUST requested rezoning and amendment of zoning district map from Light Industrial (I-l) to Residential (R-12) with Conditional Use Planned Development to allow use exceptions. Residential use of up to 3.63 units per acre is permitted in a Residential (R- 12) District. The density of any Neighborhood Office (0-1) uses will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for single family residential use of 1.01 to 2.5 units per acre. This request lies on 36.3 acres fronting approximately 350 feet on the east line of Old Centralia Road, also fronting approximately 670 feet on the north line of Mineola Drive and located in the northeast quadrant of the intersection of these roads, also lying on the western terminus of Bethesda Drive. Tax ID 790-662-Part of 7578 (Sheet 26). Mr. Jacobson presented a summary of Case 01SN0150 and stated that the Planning Commission recommends approval subject to the conditions and acceptance of Proffered Conditions 3 through 8 and recommends that Proffered Conditions 1 and 2 not be accepted, but rather Conditions 1 and 2 be imposed. He noted that the request conforms to the Chester Village Plan. Mr. James Tucker, representing the applicant, stated that the applicant accepts the Planning Commission's recommendation and agrees that Proffered Conditions 1 and 2 not be accepted, but rather Conditions 1 and 2 be imposed. No one came forward to speak in favor of or against the case. On motion of Mr. McHale, seconded by Mr. Warren, the Board approved Case 01SN0150 subject to the following conditions: The plan prepared by Potts, Minter and Associates, P.C., dated October 11, 2000, and entitled "Master Plan, Mineola Heights, 36.3 Acres" shall be considered the Master Plan which shall be used for the purpose of identifying tract boundaries. (P) o Parcel C shall be developed for Residential (R-12) uses. The overall development of Parcels B and C shall not exceed a density of 2.0 units per acre. The development of Parcel A shall not exceed a density of 2.0 units per acre. (P) And, further, conditions: the Board accepted the following proffered o Lot Size: The minimum lot size in Parcel "A" shall be 13,700 square feet. (P) There shall be no vehicular road connection between Parcels "A' and "B". (P) o No direct access shall be provided from the property to Old Centralia Road. (T) 2/28/01 01-226 6. Public water and wastewater systems will be used.. (U) o With the exception of timbering that has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the appropriate devices have been installed. (EE) 0 The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permits for any dwelling units, to be used for infrastructure improvements within the service district for the property: a o $4,693 per dwelling unit, if paid prior to July 1, 2001; or bo The amount approved by the Board of Supervisors not to exceed $4,693 per dwelling unit adjusted, upward by an 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. Upon receipt of payment, the payment will be allocated by the County's Department of Budget and Management to the schools, parks, libraries and fire station capital facilities in proportion to the calculated costs of those facilities. (B) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0161 In Clover Hill Magisterial District, GEMM, LLC requested rezoning and amendment of zoning district map from Agricultural (A) to Light Industrial (I-l). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 30.0 acres lying at the terminus of Oak Lake Court and approximately thirty-five (35) feet south of Powhite Parkway. Tax IDs 734-690-4886, 734- 691-7251 and 735-692-0719 (Sheet 10) . Mr. Jacobson presented a summary of Case 01SN0161 and stated that the Planning Commission and staff recommend apprcval and acceptance of the proffered conditions. He noted tlhat the request conforms to the Powhite/Route 288 Development Area Plan. Mr. Glenn Hill, 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. Warren, seconded by Mr. McHale, the Board approved Case 01SN0161 and accepted the following proffered conditions: 1. The public water system shall be used. (U) 01-227 /28/01 2. The public wastewater system shall be used. (U) o With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering of the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 0 Prior to issuance of a final certificate of occupancy for any development on the property that is in excess of a cumulative total of 10,000 square feet that has access via Oak Lake Court and/or Oak Lake Boulevard, additional pavement shall be constructed along Genito Road at the Oak Lake Boulevard intersection to provide an adequate left turn lane, as determined by the Transportation Department. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this road improvement. (T) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0167 In Matoaca Magisterial District, AMERICAN TOWER MANAGEMENT, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies on 4.2 acres fronting approximately twenty (20) feet on the south line of River Road across from Walkes Quarter Road. Tax IDs 725-642-Part of 5865 and 723-643- Part of 7402 (Sheet 31). Mr. Jacobson presented a summary of Case 01SN0167 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Brennen Keane, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak in favor of or against the case. Mrs. Humphrey stated that she is an adjoining property owner to the proposed tower site, but indicated that the project will have no effect on her property value; therefore, voting on the case would not represent a conflict of interest for her. Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to approve Case 01SN0167 subject to the following conditions: The tower and associated improvements shall be generally located as depicted on the plan prepared by BC Architects Engineers, last revised December 6, 2000, attached to the "Request Analysis". (P) o There shall be no signs permitted to identify this use. (p) ° The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. 2/28/01 01-228 o 0 10. A detailed plan depicting this requirement shall be submitted to the Planning Department for approva[L. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to release of a building permit, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location, height and equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield. County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. b ° If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during niglht time hours shall be limited to soft blinking lights. c. The tower shall be of a monopole design. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) (NOTE: This condition does not grant an exception to any Zoning Ordinance driveway or parking area paving requirement applicable to development of the property.) Any building or mechanical equipment shall comply with Section 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19-570 (b) and (c) would require screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or' tower- mounted equipment.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Except for access and utilities which may be extended generally perpendicular through this buffer, existing healthy trees within this buffer having a minimum caliper of 2.5 inches shall be maintained. These trees shall be supplemented where necessary to minimize the views of the tower and 01-229 2/28/0Z associated equipment from adjacent' properties and public rights of way. Additional plantings shall consist of trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting to achieve minimum density of one (1) tree for each 300 square feet of cleared area. In conjunction with site plan submission or prior to the release of a building permit, whichever occurs first, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) 11. In conjunction with the approval of this request, a forty- nine (49) foot exception to the 150 foot height limitation for communications towers shall be granted. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0172 In Bermuda Magisterial District, CHERYL BETHUNE-STITH requested Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-9) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5 to 4.0 units per acre. This request lies on 0.2 acre and is known as 16707 Amherst Ridge Court. Tax ID 799-632-1606 (Sheet 41). Mr. Jacobson presented a summary of Case 01SN0172 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Ms. Cheryl Bethune-Stith, accompanied by Mr. Martin Stith, stated that the recommendation is acceptable. No one came forward to speak in favor of or against the case. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 01SN0172 and accepted the following proffered conditions: This Conditional Use shall be granted to and for Cheryl Bethune-Stith, exclusively, and shall not be transferable nor run with the land. (P) o There shall be not external additions or alterations to the existing structure to accommodate this use. (P) There shall be no signs permitted to identify this use. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0176 In Bermuda Magisterial District, TRIVEDI'S CHILDREN TRUST requested rezoning and amendment of zoning district map from Light Industrial (I-l) to General Business (C-5) . The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 3.4 acres lying approximately 250 feet off the 2/28/01 01-230 east line of Jefferson Davis Highway, approximately 1,005 feet north of Southland Drive. Tax ID 798-656-9313 (Sheet 26). Mr. Jacobson presented a summary of Case 01SN0176 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. He noted that the request conforms to the Jefferson Davis Corridor Plan. Mr. Mukesh Trivedi, 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. McHale, seconded by Mrs. Humphrey, the Board approved Case 01SN0176 subject to the following condition: A twenty-five (25) foot buffer shall be provided along the northern and eastern property lines, adjacent to Tax ID 799- 657-3802. This buffer shall comply with Sections 19-520 through 19-522 of the Zoning Ordinance. (P) And, further, conditions: the Board accepted the following proffered 1. Uses shall be limited to the following: a o Any uses permitted by right or with restrictions in the C-3 District, except material reclamation receiving centers. bo Any uses permitted by right or with restrictions in the I-1 District. C · Motor vehicle sales, service, repair and rental, excluding motor vehicle consignment lots. Wholesale trade of any products permitted to be sold by this proffered condition. (P) The public water and wastewater systems shall be used. (u) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0177 In Clover Hill Magisterial District, NEXTEL COMMUNICATIONS requested Conditional Use and amendment of zoning district map to permit a communicatiens tower in a Light Industrial (I-1) District. A communications tower incorporated into an existing Virginia Power structure is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Cemprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 0.2 acre fronting approximately twenty (20) feet on the north line of Route 360, appreximately 750 feet east of Route 288. Tax ID 736-680-Part of 4744 (Sheet 16). Mr. Jacobson presented a summary of Case 01SN0177 and[ stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Chuck Rothenberg, representing the applicant, stated that the recommendation is acceptable. 01-231 2/28/01 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 01SN0177 subject to the following conditions: Any communications tower shall be co-located on existing utility structures. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) o The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. b o If lighted, 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 At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17, HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 18. PUBLIC HEARINGS There were no public hearings at this time. 19. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 01SN0170 In Matoaca Magisterial District, COMPSON AT COURTHOUSE L. C° requested amendment to zoning (Case 98SN0185) and amendment of 2/28/01 01-232 zoning district map relative to road improvements within Beach Road. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies in a Community Business (C-3) District on 13.7 acres fronting approximately 420 feet on the south line of Iron Bridge Road approximately 250 feet west of Beach Road, also fronting approximately 1,000 feet on the west line of Beach Road approximately 200 feet south of Iron Bridge Road. Tax IDs 769-661-Part of 5718, 770-660-4296 and 770-661-4379, 5546 and 6078 (Sheet 25). Mr. Miller stated that he holds stock in the bank located adjacent to the proposed road improvements. He further stated that he has been advised by the County Attorney that his stock ownership does not represent a conflict of interest. Ms. Rogers presented a summary of Case 01SN0170 and stated that the applicant is proposing to remove the median that has been constructed and to delete the requirement to extend the median to Route 10. She further stated that Planning and Transportation staff have recommended denial because of concerns that deletion of the median will possibly increase traffic congestion and the potential for traffic accidents during peak periods. She stated that the Planning Commission recommended approval, indicating that until the southern access road and traffic signal is installed, the requirement for the median should be removed. Mr. Brennen Keene, representing the applicant, expressed concerns relative to the traffic congestion caused because there is only one access that allows for exiting the shopping center and traveling west on Route 10. He stated that the Planning Commission's recommendation is acceptable. Mr. Will Carnes expressed concerns relative to cutting off the entrance to F&M Bank. There being no one else to speak to the case, the public hearing was closed. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 01SN0170. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0164 In Midlothian Magisterial District, JGWM REALTY L.C. requested Conditional Use Planned Development and amendment of zoning district map to permit an additional 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 regional mixed use. This request lies in a General Business (C-5) District on 5.7 acres and is known as 10920 Midlothian Turnpike. Tax ID 744- 709-1952 (Sheet 6). Ms. Rogers presented a summary of Case 01SN0164 and stated that staff recommends denial because the current ordinance only allows one freestanding sign along Midlothian Turnpike. She noted that the current ordinance would allow a second freestanding sign along Koger Center Boulevard. She stated that the Planning Commission recently considered amendments to the sign ordinance which will be coming to the Board in the next couple of months and indicated that the amendments also 01-233 2/28/0z do not suggest that a second freestanding sign along Midlothian Turnpike would be appropriate. She further stated that the Planning Commission, however, has recommended approval of the request subject to one condition and acceptance of the proffered condition which would restrict any signage along Koger Center Boulevard that has been permitted by the ordinance, noting that, since the applicant had agreed to restrict signage along Koger Center Boulevard, the Commission felt it appropriate to give them a second sign on Midlothian Turnpike. Mr. William Shewmake, representing the applicant, stated that the applicant recently acquired two additional automobile dealerships and were able to negotiate with the two dealerships to co-locate on one sign. He further stated that the original franchise prohibits additional signs from being located on their sign, therefore the applicant cannot affix a new sign onto the existing sign. He stated that the proposed additional sign is attractively styled like a monument and would not represent an adverse visual impact in the area. He requested the Board's approval of the proposal. No one came forward to speak in favor of or against the case. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 01SN0164 subject to the following condition: The sign shall be a monument style and shall not exceed a height of nine (9) feet and an area of fifty (50) square feet. Illumination and design of the sign shall comply with Sections 19-635 (e) and 19-641 (a) of the Zoning Ordinance. The sign shall be located as generally depicted on the plan submitted with the application. (P) And, further, the Board accepted the following proffered condition: There shall be no freestanding business identification sign permitted along Koger Center Boulevard. (P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0178 In Clover Hill Magisterial District, P & R ASSOCIATES, LLC requested rezoning from Residential (R-12) to Agricultural (A) with Conditional Use Planned Development to allow exceptions to Zoning Ordinance requirements and Conditional Use to permit golf course use and amendment of zoning district map. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.5 to 4.0 units per acre. This request lies on 211.9 acres fronting approximately 3,800 feet on the west line of South Providence Road, also fronting in two (2) places for a total of approximately 2,150 feet on the north line of Reams Road and is located in the northwest quadrant of the intersection of these roads. Tax ID 755-699-2189 (Sheet 7). Ms. Rogers presented a summary of Case 01SN0178 and stated that, since the Planning Commission's consideration of the case, the Board adopted the new Subdivision Ordinance and the amended ordinance includes a provision that allows the applicant at the time of zoning to seek relief from the requirement to provide a second public road access for more 2/28/01 01-234 than 50 units. She further stated that the purpose of the second access requirement is to ensure that emergency vehicles have access should one of the accesses to the development become blocked. She stated that staff received a request from the applicant on February 26, 2001 seeking relief to the requirement to provide the second access. She further stated that the second access issue was discussed at the Planning Commission's public hearing, however at that ti[ne, the ordinance did not allow relief to that requirement through the zoning process. She stated that the conditions which the Commission recommended prohibit the ability to provide a second access to the subject property. She further stated that, as the Planning Commission considered the request, there was discussion relative to whether or not the emergency access would suffice and the members indicated that, if the applicant came forward through the tentative process in the future, the Commission would have been supportive of relief to the second access. She stated that the Fire Department does not support relief to the requirement for provision of the second access and, therefore, has recommended that the portion of Proffered Condition 25 dealing with emergency access and Proffered Condition 27 which precludes access to adjacent developments not be accepted. She further stated that staff also does not support proffered conditions requiring sodded yards and first floor master bedrooms -- items not typically addressed through the zoning process and difficult and costly for staff to administer. She stated that staff recommends approval subject to addressing the earlier stated concerns. She noted that the proposed development conforms to the Northern and Eastern Midlothian Plans and indicated that the golf course will enhance surrounding area development. She stated that the Planning Commission has recommended approval and acceptance of the proffered conditions and has indicated support of relief to the provision for a second public road access. She further stated that it was generally agreed the development would have a positive impact on the area and that the Fire Department should work with the Commission to resolve the emergency access issues in the future. She stated that, should the Board wish to grant relief to the requirement for the second access, it would be appropriate to impose Condition Number 2. Mr. Miller expressed concerns relative to the motivation for Proffered Condition Number 20 regarding the first floor master bedroom requirement. Ms. Rogers stated that it was the citizens' position that if a master bedroom was on the first floor, the marketing of the property would be geared more towards empty-nesters. She further stated that staff had encouraged making the first floor master bedroom requirement a part of the restrictive covenants for the proposed development, but indicated that the citizens were not comfortable with that alternative since the restrictive covenants are not enforced by staff. Mr. William Shewmake, representing the applicant, reviewed the history of the subject property. He stated that, if the case is approved, the applicant wants to build a golf course immediately, prior to construction of the proposed homes. He further stated that the proffered conditions have dual purposes: 1) a commitment to show that the proposed dew~lopment caters to empty nesters; and 2) preservation of the surrounding area. He stated that, because of citizen requests, the applicant agreed to place the detached homes along Reams and South Providence Roads and to locate the townhouses internally in the project. He further stated that the location of the townhouses makes it impossible for the project to have two accesses and because of other citizens' concerns relative to placement of accesses, the applicant has agreed to provide an 01-235 2/28/01 emergency access that would meet full County standards and indicated that the applicant is requesting relief to the 50 lot rule. He stated that, since the adoption of the new Subdivision Ordinance on February 21, 2001, the applicant has been able to submit a request through the zoning process for relief from the provision of a second access. He expressed appreciation for the efforts of staff and community representatives and requested that the Board approve the proposed development. Mr. Dick White stated that he feels the first-floor master bedroom is a unique but important proffered condition. He further stated that he feels an emergency access will address the concerns of area residents. Mr. Robert Jennings, a resident of Laureate Lane, expressed concerns relative to traffic congestion on Reams and South Providence Roads and stated that he supports the emergency access. He questioned the reason for rezoning the subject property to Agricultural (A). Mr. Shewmake stated that the Agricultural (A) zoning was necessary for the proposed development to include both townhouses and a golf course. Ms. Rogers stated that, because of the mixture of uses, requesting Agricultural (A) zoning with the conditional use was the best alternative for the applicant for the proposed development. There being no one else to speak to the case, the public hearing was closed. Mr. Warren stated that he feels the proposed development will complement the area as well as provide a much needed golf course. He indicated that there has been tremendous support from the neighborhood for the proposed development. Mr. Warren then made a motion for the Board to approve Case 01SN0178 subject to conditions and acceptance of all the proffered conditions. Mr. McHale expressed concerns relative to any risk to neighbors if the golf course were to fail, the property be sold separately and the Agricultural (A) zoning permit uses uncharacteristic of the area. Ms. Rogers stated that the case specifically states uses that will be permitted on the tract based upon the Conditional Use Planned Development, limiting it to residential and golf course use. Mr. Barber stated that there is much community support for the proposed golf course. He seconded Mr. Warren's motion. Mrs. Humphrey called for a vote on the motion of Mr. Warren, seconded by Mr. Barber, for the Board to approve Case 01SN0178 subject to the following conditions: In conjunction with the approval of this request, the Textual Statement dated February 6, 2001, shall be approved. (P) 0 In conjunction with approval of this request, an exception to Section 17-76(h) (1 through 3) of the Subdivision Ordinance shall be granted to delete the requirement to provide a second public road access or a residential collector street for more than fifty (50) lots. (P) 2/28/0Z 01-23~ And, further, the Board accepted the following proffered conditions: Master Plan. The plan prepared by Balzer and Associates, Inc., titled "Pocoshock Golf Course Master Plan" revised February 6, 2001 shall be considered the Master Plan with respect to the general location of the golf course/recreational area and residential areas:. The frontage of tract R-2 along Providence Road shall be a minimum of 400 feet. Within the residential area, there shall be no "mixing" of attached or detached residential units along any individual road, and units of the same type shall be placed within a ~cluster" having the same type units. Provided, however, in the area designated as R-I, either detached or attached homes, but not both, shall be permitted. Further, attached dwelling units may be located on the road leading to detached units in the R-1 area. Within the area designated as R-2, dwelling unit types shall be limited to detached units. Within the area designated as R-3, a combination of dwelling types, a single dwelling type, recreation/open space or a combination of recreation/open space uses and dwellings shall be permitted subject to the provisions stated herein. The tentative subdivision plan shall establish the areas to be occupied by attached and detached units. At the time of the tentative subdivision review and approval, conditions may be imposed to insure compatibility between attached and detached units. (P) o Density. The total number of dwelling units shall not exceed 215. (P) 0 Clustering of Townhouse Units. Within Tract R-3, any townhouse units/lots located within 200 feet of Providence Road shall be designed to preclude a '~linear, parallel pattern" along Providence Road. (P) Internal Access. If a combination of unit types is constructed, the access into the development from adjacent external roads shall be designed such that the access to the attached units does not pass through the area occupied by the detached units unless such access is designed to provide both a physical and visual separation adjacent to the residential development through which it passes. This may be achieved through the provision of design elements such as, but not necessarily limited to, open space, landscaping, ornamental walls or fences, setbacks, etc. The exact treatment along such access road shall be approved at the time of tentative subdivision plan review. (p) o Recreation Area. A minimum of 140 acres shall be provided within the development for recreational and open space use° At a minimum, an eighteen hole golf course and clubhouse shall be constructed in the development. The clubhouse shall be located north of Pocoshock Creek. The architectural treatment of the clubhouse shall be compatible with the residential character of the area. Compatibility may be achieved through the use of similar building massing, materials, scale or other architectural features. The exact design of the clubhouse shall be approved at the time of site plan review and approval. The golf course and clubhouse shall be open for use prior to final occupancy of more than one hundred 100) dwelling units. A minimum of 0.75 acres of open space/community area shall be located and positioned to provide a "focal point" as 2/28/01 01-237 o o one enters each of the residential areas (0.75 ac~es south of Pocoshock Creek as well as 0.75 acres north of Pocoshock Creek if residential development occurs north of the creek) from the adjacent major arterials. Part of this area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate outdoor gatherings. The "focal" point(s) shall be developed concurrent with the first phase of residential development in the residential tract which the focal point is intended to serve. In addition, a community pavilion area shall be located within the development and may be part of the "focal point." The community pavilion area shall be located within or adjacent to the residential tract(s). The pavilion structure may be either "opened" or "enclosed" but if opened it shall have a roof. The pavilion structure shall have an architectural style compatible with the residential character of the area. Compatibility may be achieved through the use of similar building massing, materials, scale or other architectural features. The exact design and location shall be approved at the time of tentative subdivision or site plan review and approval. Clubhouse. The clubhouse shall be developed in accordance with the Zoning Ordinance requirements contained in Sections 19-593, 19-594, 19-598, 19-570, 19-571, and 19- 573 for Corporate Office (0-2) development in the Emerging Growth District. No other Corporate Office 0-2 requirements apply to the clubhouse, including, without limitation, any architectural 0-2 treatments or the requirements set forth in Section 19-138(e) . (P) Golf Course Design. Prior to final site plan approval, a letter signed by the architect of the golf course shall be submitted to the Planning Department, which states that the golf course has been designed within industry guidelines so as to minimize the potential for golf balls to migrate outside the limits of the golf course. Provided further, no fairway, tee, or green shall be located within fifty (50) feet of any residential lot in the subdivisions of Scottingham, Archbrook, or Solar I. Fencing of Golf Course. Should fencing be installed around the perimeter of the golf course, chain link fence shall not be used unless the chain link fence is vinyl coated with a dark color. Any such chain link fence shall not exceed six (6) feet in height and shall not be located within one hundred (100) feet of Reams Road unless a decorative wall or fence is placed between Reams Road and the chain link fence along any part of the chain link fence that is within 100 feet of Reams Road. The exact treatment of any such fence shall be approved in conjunction with site plan review and approval. If a fence is installed along the perimeter of the golf course, decorative gates shall be installed at a stub road in the Scottingham Subdivision and a stub road in the Archbrook Subdivision. The exact treatment of the gates shall be approved at the time of site plan review. Prior to approval of the design of the gates, the Planning Department shall be provided with documentation that the adjacent property owners to the proposed gates and the last known president of Scottingham Homeowners Association on file with the Planning Department have been given fourteen (14) days notice of the submission of the plans to the Planning Department. (P) 2/28/01 01-238 0 10. 11. 12. 13. 14. 15. 16. 17. Restriction on Children's Play Facilities. The common area recreational amenities shall not include playground equipment, play fields, or other facilities primarily associated with children's play. (P) Street Trees. Street trees shall be planted or retained along each side of roads in the residential tracts. (P) Street Lighting. Street lighting shall be provided along each side of roads in the residential tracts. Streetlight fixtures, poles, and lamp types shall be consistent and the design shall be compatible with the residential development. The exact height and spacing shall be reviewed and approved at the time of tentative subdivision plan review. (P) Sidewalks. A sidewalk shall be provided along each side of roads in the residential tracts. Sidewalks shall also be provided from any residential development to other uses within the residential tracts. (P) Pedestrian Paths. Pedestrian paths, which may include cart paths, shall be provided to connect the residential sidewalks to the clubhouse. The exact treatment and location of these pedestrian paths shall be approved at the time of tentative subdivision or site plan review and approval. (P) Decorative Wall/Fence. A decorative wall or fence shall be installed generally parallel to Reams Road and between Reams Road and any residential tract. Also, a decorative wall/fence shall be installed generally parallel to Providence Road, south of Pocoshock Creek, between Providence Road and any residential tract. This fence shall be constructed of masonry or vinyl, or another similar material having low maintenance. This fence shall visually enhance the residential project limits along these major arterials. The exact design and treatment shall be approved at the time of tentative subdivision or site plan review. (P) Buffers. Fifty (50) foot buffers shall be provided along Reams and Providence Roads adjacent to the residential tracts, in accordance with the provisions of the Subdivision Ordinance. Such buffers shall be located within recorded open space. No ~'alternative" to the Subdivision Ordinance shall alter this condition. (P) Visitor Parking. Visitor parking to accommodate overflow parking for attached dwelling units shall be provided in the residential development and shall provide a minimum of ten (10) parking spaces. The exact treatment and location of the visitor parking shall be addressed at the time of tentative subdivision review. (P) Landscaping. Landscaping shall be provided around the perimeter of all dwelling units. Landscaping shall_ comply with the requirements of the Zoning Ordinance, Sections 19-516 through 19-518 (f). Landscaping shall be designed to minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. A conceptual landscaping plan shall be submitted for review and approval in conjunction with tentative subdivision plan review and approval. A final landscaping design for each lot for those areas developed for detached units and for each building for those lots developed for attached units showing the exact number, spacing, arrangement and species of plantings shall be approved by the Planning Department 2/ 8/0 01-239 18. 19. 20. 21. 22. prior to the issuance of a building permit for such lot or building. (P) Individual Lot Driveways and Parking Areas. Within the residential tracts, individual driveways and parking areas shall be "hardscaped." The exact design and treatment of driveways shall be approved at the time of tentative subdivision review. (P) Foundations. Ail exposed residential foundations shall have a brick or stone veneer. (P) Square Footage. Ail attached dwelling units shall have a minimum of 1600 square feet of gross floor area. Ail detached dwelling units shall have a minimum of 1300 square feet of gross floor area on the first floor. Ail dwelling units shall be constructed with a first floor bedroom that has an adjoining bathroom which is accessed directly from the bedroom. (BI) Restrictive Covenants. The following provisions shall be contained in restrictive covenants which shall be recorded in conjunction with the recordation of any subdivision plat. Further, the following provisions in the restrictive covenants cannot be modified or amended for a period of at least twenty (20) years following recordation: Ao Any residential accessory building shall be architecturally compatible with respect to materials, colors or other architectural features with the residential dwelling located on the lot. Exposed walls shall not be constructed of metal. m o An architectural review committee shall be established to review and approve plans for any accessory building. Co Ail dwelling units shall have washer and dryer hookups. D. Any exposed surface of a chimney must be masonry. Ail residential dwelling units shall have an attached garage containing a minimum of 200 gross square feet. F o External walls of residential dwellings shall be of brick or stone veneer, vinyl siding, eifes (e.g., dryvit) or concrete cementious board lap siding (e.g. , hardy plank). Any propane tanks shall be screened from view of adjacent residential lots and public roads. Screening treatment shall be compatible with the architectural treatment, colors and materials of the dwelling on the lot. Ail roofs of residential dimensional shingles. dwellings shall use A mandatory homeowners' association shall be created that shall be responsible for the maintenance of yards and exteriors of residential dwelling units. (P) Height Restriction. No dwelling unit shall exceed a height of two stories. (P) 2/28/01 01-240 23. 24. 25. 26. 27. 28. 29. 30. Irrigation and Sod. Ail residential and open spaces within the residential development shall be irrigated. Further, the front yards of any residential lot shall be sodded. (P) Right of Way Dedication. Prior to tentative subdivision or site plan approval, whichever occurs first, a revised centerline based on VDOT urban minor arterial standards (50 mph) with modifications approved by the Transportation Department for Providence Road shall be submitted to, and approved by, the Transportation Department. In conjunction with recordation of the first subdivision plat or prior to any site plan approval, whichever occurs first, forty-five (45) feet of right-of-way, measured from the centerline of Reams Road and from the revised centerline of Providence Road, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Access.. Direct access from the property to Reams and Providence Roads shall be limited to two (2) entrances/exits (i.e., one (1) entrance/exit to each roadway). The exact location of these accesses shall be approved by the Transportation Department. In addition, an emergency access shall also be provided from the residential development south of Pocoshock Creek to Providence Road. The exact design, location, and treatment of the emergency access shall be approved by the Fire Department. (T & F) Reams Road Access. If determined by the Transportation Department to be feasible, access to Reams Road shall be located to minimize lights from vehicles exiting the development shining directly into existing dwelling units located on the south side of Reams Road. The exact location shall be approved at the time of tentative subdivision or site plan review. (T) Stub Roads. No vehicular access, including construction access, shall be permitted from stub roads located in the adjacent subdivisions Scottingham, Archbrook and Solar I. (T) Road Improvements. To provide an adequate roadway system at the time of complete development, the developer shall be responsible for the following: Ao Construction of additional pavement along Reams Road and Providence Road at each approved access to provide left and right turn lanes, if warranted based on Transportation Department Standards; m o Relocate the ditch to provide an adequate shoulder along the north side of Reams Road for the entire property frontage; and Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the road improvements identified above. (T) Phasing. Prior to construction plan approval or site plan approval, whichever occurs first, a phasing plan for the required road improvements, identified in Proffered Condition 28, shall be submitted to and approved, by the Transportation Department. (T) Utilities. The public water and wastewater systems shall be used. (U) 01-241 2/28/0Z 31. 32. 33. 34. 35. Basin Amenities. Within the residential tracts, any open basins 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. A plan depicting these requirements shall be submitted for review and approval at the time of tentative subdivision review. (EE) Nutrient and Pest Management Plan. A nutrient and pest management plan for the golf course shall be submitted to the Environmental Engineering Department for review and approval by the Chesterfield County Extension Agent. This plan shall be approved prior to the opening of the golf course. (EE) Stream Assessment. Prior to a land disturbance permit being issued for the golf course, a detailed stream and riparian corridor assessment shall be conducted to determine the baseline conditions of Pocoshock Creek on the property. The written report on the assessment shall be submitted to the Environmental Engineering Department Water Quality Section within eight (8) weeks of the land disturbance permit being issued. The methodology for performing the assessment has been approved by the Environmental Engineering Department Water Quality Section. Any modification of the methodology shall be approved by the Environmental Engineering Department Water Quality Section prior to commencing the assessment. Two follow-up assessments shall be conducted as follows: one year after the golf course is open for play; and one year after the last section of the residential project has been constructed and stabilized. A written summary of these assessments shall be filed with the Environmental Engineering Water Quality Section. Should the follow-up assessment demonstrate that Pocoshock Creek has been further degraded, as compared to the baseline conditions, a further assessment shall be conducted by the owner to determine the source of the degradation. Should the assessment demonstrate that the source of degradation is the golf course, the owner shall prepare and implement an action plan to minimize or eliminate the problem. The action plan shall be approved by the Environmental Engineering Department Water Quality Section. (EE) RPA Siqns. Signs, the design, number and location of which shall be approved by the Environmental Engineering Department Water Quality Section, denoting the RPA shall be strategically placed and maintained along the RPA boundary. (EE) Common areas and ownership of property. Common areas which are not contained in lots and streets conveyed to individual owners shall be maintained by and be the sole responsibility of the developer-owner of the residential development, unless and until the developer-owner conveys the common area to a nonprofit corporate owner whose members shall be all of the individual owners of dwellings in the development, or to a nonprofit council of co-owners as provided under Code of Virginia, Section 55-79.1 et seq. The land shall be conveyed to and be held by the nonprofit corporate owner or the nonprofit council of co- owners solely for the recreational and parking purposes of the individual townhouse and detached house lot owners. If the developer-owner makes the conveyance to a nonprofit corporate owner, deed restrictions and covenants, in a form and substance satisfactory to the county attorney, shall provide, among other things that any assessments, charges and costs of the maintenance of the common areas 2/28/01 01-242 shall constitute a pro rata lien against the individual lots, inferior in lien and dignity only to taxes and bona fide duly recorded deeds of trust on each lot. ([P) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0173 In Midlothian Magisterial District, JEFFREY A. KENCITZSKI requested Conditional Use and amendment of zoning district map to permit a tattoo business (to include body piercing) in a Community Business (C-3) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies en 4.5 acres and is known as 9550 Midlothian Turnpike. Tax ID 751-707-8780 (Sheet 6). Mr. Miller stated that he is a member of Bethlehem Baptist Church and his wife is the organist. He further stated that the church is adjacent to the shopping center wherein the request lies and indicated that he has been advised by the County Attorney that this will not render a conflict of interest and, therefore, he intends to vote on the request. Ms. Rogers presented a summary of Case 01SN0173 and stated that staff recommended approval and indicated that, in staff's opinion, the use is no more intense than other uses permitted on the property. She further stated that the Planning Commission, with a vote of four in favor and one abstention, recommended approval and acceptance of the proffered conditions which would limit the use to the applicant only and require compliance with any health or licensing regulations that the County may adopt in the future. She stated that the Commission has recommended that the Board consider amendments to the County Code for the regulating and licensing standards for tattoo studios and body piercing establishments. She noted that staff has received a petition with nine signatures in opposition and one letter in opposition to the request:. Mr. Jeffrey Kencitzski stated that the Planning Commission's recommendation is acceptable. He submitted for the record a petition with over 400 signatures in support of the proposal. Mr. Jason Seamster stated that he supports the tattoo studio. Mr. Stan Drudge stated that the merchants in the shopping center are opposed to the proposed tattoo studio. He further stated that a tattoo studio is not the type of business he would like to see in his neighborhood. Mr. Hugh Dickson stated that he supports the tattoo studio and feels it would meet a need for Chesterfield residents who desire tattoos. Ms. Kaitlyn Drudge, a 15-year old member of Bethlehem Baptist Church, stated she is opposed to the tattoo studio and body piercing salon. She expressed concerns with the proximity of the proposed location to residential areas and stated that she fears approval of the request would provide another temptation for many young people to break the law. Ms. Les Butler, a resident of Bon Air, stated that she does not feel the tattoo studio will cause harm to the residents. Mrs. Humphrey excused herself from the meeting. 01-243 2/28/01 Mr. Frank Kencitzski, the applicant's father, stated that he feels the neighbors should provide the applicant a chance to prove himself. Mr. Brian Newell stated that he supports the tattoo studio. He further stated that it was determined in the Planning Commission meeting that tattoo studios were found not to increase crime or decrease property value. Mr. Denny Huffman, a member of Bethlehem Baptist Church, stated that he is opposed to the location of the tattoo studio. Ms. Noelle Berry, accompanied by her husband, Berry, stated that tattoos are a form of art. her support of the proposal. Mr. Charles She expressed Mr. Linwood Thomas, accompanied by his wife, Agnes, stated that he is opposed to the tattoo parlor. Mr. Larry Miller stated that tattoos are an expression of one's feelings and expressed support of the proposed tattoo parlor. Mr. Leslie Christian, accompanied by his wife and son, members of Bethlehem Baptist Church, stated that he is opposed to the business being located in the vicinity of the church. Mr. Harold Childs stated that he supports the tattoo parlor and does not feel it will represent a problem for juveniles because of the requirement for photo identification to verify age. Ms. Kimberly Sanchez, a member of Bethlehem Baptist Church, stated that she opposes the business in the proposed location. She further stated that she feels tattoo parlors and body piercing studios offer an opportunity for impulsive young people to make decisions they may later regret. Mrs. Humphrey returned to the meeting. Ms. Catherine McCullen stated that she supports the tattoo parlor. She further stated that, prior to getting a tattoo, she had to provide identification and noted that it is difficult for a minor to get a tattoo. Mr. Larry Sanchez, a member of Bethlehem Baptist Church, stated that he is opposed to the tattoo parlor. He further stated that it is his understanding that State law puts the burden on localities for devising ordinances to regulate health standards for tattoo parlors. He noted that, according to State law, minors can be tattooed in the presence of a physician or nurse without the presence of a parent or guardian. Ms. Connie Bagley stated that she supports the tattoo parlor and feels it will be a well organized business. Mr. George Crowder, accompanied by his wife Bonnie, stated that he opposes the proposed business. Ms. Lana Hitchcock expressed concerns relative to the location of the tattoo parlor where her daughter received a tattoo. She stated that she supports the location of the proposed tattoo parlor and feels it will be a sanitary operation. Mr. Don Neal, a member of Bethlehem Baptist Church, stated that he does not support the request and feels that, if the case is approved, it will set a precedent for this request and other operations in the County. Mr. Raymond Burr stated that he supports the proposed tattoo studio and feels it will be a first class operation. 2/28/01 01-244 Mr. Claude Jones, accompanied by his wife Jackie, stated that he is opposed to the location of the tattoo parlor. Mr. Albert Hurt stated that he supports the tattoo parlor. He further stated that he does not feel it will deface the church and will bring revenue to the County. Ms. Donna Speck, a member of Bethlehem Baptist Church, stated that she is opposed to the location of the tattoo parlor. Ms. Janet Kencitzski, the applicant's mother, stated that the back side of the shopping center is adjacent to the church and the shops face the parking lot. She further stated that tattooing and piercing has become an art form and is an important part of self-expression. She stated that she feels the proposed tattoo studio would be operated as a professional business, represent the community well, and provide rewenue for the County. Mr. Dominique Grossman stated that he strongly supports the proposed business and feels it represents an opportunity for the County to gain revenue. He further stated that juveniles cannot receive a tattoo without a signed release form and the presence of a parent. Ms. Camille Davis stated that tattooing is an art and tattoo artistry is a professional career. She further stated 'that she supports the proposed business and feels the applicant would adhere to any health regulations required of him. Ms. Verna Wells, a member of Bethlehem Baptist Church and area resident, stated that she is opposed to the location of the proposed business. She expressed concerns relative to infections caused by body piercings. Ms. Lou Hamilton stated the she supports the proposed business and does not feel it will have an adverse impact on the church. Ms. Kimberly Sanchez stated that the people of Bethlehem Baptist Church are not opposed to tattoos -- they simply feel the business is not appropriate for the residential area. There being no one else to speak to the case, the public hearing was closed. Mr. Jeffrey Kencitzski stated that he wants to bring a First Choice Business to a First Choice Community. He further stated that he feels tattoo artists should receive the professional recognition they deserve. He stated that he feels there is a sufficient barrier between the proposed location and the church and indicated that he would like to locate his business in a well established area to show people what a beautiful art tattooing is. When asked, Mr. Kencitzski stated that he lost two sites in the shopping center while going through the zoning process. He further stated that an additional delay would probably mean devastation of his proposed business because the shopping center will not continue to hold a space without a signed lease. Mr. Barber called forward Dr. Nelson to answer questions relative to regulations for tattoo parlors. Dr. Nelson stated that there are currently no local regulations in place for tattoo parlors. He further stated that State law allows localities to enact ordinances to regulate tattoo establishments. He stated that there is legislation pending 01-245 2/28/0Z in the General Assembly which allows localities to draft regulations to require unannounced visits and right of entry for inspections of tattoo parlors and also requires the operator to inform the customer of the possibility of transmission of bloodborne diseases. He further stated that he feels an ordinance for regulation of tattoo establishments could be drafted within two weeks and indicated that other localities have ordinances in place that appear suitable and adequate. Mr. Barber stated that the phone calls and e-mails he has received have not been supportive. He further stated that some uses of property are out of the ordinary and he feels the community should have input into the approval of those uses. He requested that the Board defer the case and questioned the time frame necessary to bring for the Board's consideration an ordinance which would regulate tattoo parlors. Mr. Jacobson stated that, if the Board conveyed the priority of the issue to the Planning Commission, he feels the Planning Commission would be able to make a recommendation to the Board in as timely a manner as the Board requested. Mr. Barber stated that he realizes the detriment that deferral would have on the applicant, but indicated that he is not comfortable with making a decision without regulations in place. He further stated that asking for regulations is not tantamount to indicating approval or disapproval of the request. Mr. Barber then made a motion for the Board to close the public hearing and defer its decision on Case 01SN0173 until such time as regulations for tattoo parlors and body piercing establishments are approved. Mr. Miller stated that he does not feel regulations would change his ultimate decision. He further stated that the decision should be strictly about land use and impacts of the requested land use on the County's Comprehensive Plan and what is envisioned for the County. He stated that he has never known of a tattoo parlor improving a neighborhood and indicated that, if the case were approved, he feels it would negate much of the efforts that have been made to protect the Route 60 Corridor. He further stated that he feels the decision needs to be in the best interest of the entire County and indicated that he will abide by the Board's decision should it be to defer the case, but stated that he will not be prepared to support the case. When asked, Ms. Rogers stated that the applicant has agreed to abide by health regulations or licensing requirements that may be adopted in the future. She further stated that the Planning Commission recommended this condition as well as requesting that the Board adopt regulations with respect to the profession. Mr. McHale expressed concerns relative to the applicant agreeing to complying with regulations without knowing what the regulations would be. Ms. Rogers stated that there are other regulated professions in the County Code that are outside of the purview of the Zoning Ordinance and indicated that various requirements could be requested in addition to health regulations. Mr. Micas stated that any conditions imposed must be reasonable and have some relationship to either health or protective measures. 01-246 2/28/0Z Mr. McHale stated that he shares Mr. Miller's concerns, but feels the applicant has agreed to extraordinarily reasonable conditions with respect to health care regulations. He suggested that, because of the applicant's lengthy zoning process, however, the Board should make a decision tonight rather than defer the case. Mrs. Humphrey stated that she does not feel it would be beneficial for the applicant to commit to standards without seeing them first. Mr. Micas clarified that Mr. Barber's motion would be to table consideration, rather than deferral, of the case until such time as the Director of the Health Department has developed regulations which will be considered by the Planning Commission and sent to the Board for approval. Due to lack of a second, Mr. Barber's motion failed. Mr. Miller made a motion, seconded by Mr. Warren, for the Board to deny Case 01SN0173. Mr. Barber stated that he feels it is premature for the Board to make a decision tonight and indicated that he will not support Mr. Miller's motion. Mrs. Humphrey called for a vote on the motion of Mr. Miller, seconded by Mr. Warren, for the Board to deny Case 01SN0173. Ayes: Humphrey, Miller, McHale and Warren. Nays: Barber. Mrs. Humphrey stated that she feels the Board needs to consider an ordinance relating to regulation of tattooing establishments. Mr. Kencitzski expressed appreciation to Mr. McHale for suggesting that the case not be deferred and also to the people who expressed support of his proposal. 20. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adjourned at 9:45 p.m. until March 5, 2001 at 7:00 p.m. for a joint Community Meeting. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Lane- ~. Ramsey ' ~ / County Administrator~ Renny Bush Humphrey Chairman 01-247 2/28/01