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04-22-1998 MinutesBOARD OF SUPERVISORS MINUTES April 22, 1998 Supervisors in Attendance: Staff in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Arthur S. Warren~ Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator .Colonel Carl R. Baker, Police Department Dr. William Bosher, School Superintendent Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Ms. Becky Dickson, Dir., Budget and Management Chief F. W. Dolezal, Fire Department Mr. William D. Dupler, Building Official Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, County Ombudsman Ms. Tammy D. Haskins, Acting Clerk to the Board Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Gary R. McLaren, Dir., Economic Development Mr. Steven L. Micas, County Attorney Mr. Francis M. 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 Taylor, Dir., Block Grant Office Dr. Robert Wagenknecht, Dir., Libraries Mrs. Humphrey called the regularly scheduled meeting to order at 4/22/98 98-254 4:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Warren, seconded by Mr. McHale, approved the minutes of April 8, 1998, as amended. Ayes: Nays: the Board Humphrey, Warren, Barber, Daniel, and McHale. None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that today is being recognized as ~Model County Government Day" and 64 students are participating in the program this year. He noted that each student will be shadowing a County official on May 14, 1998. He stated that this Program is designed to give high school government students a first hand look at County government. He stated that this year's activity has been coordinated by the Extension Service 4-H Agent, in cooperation with Youth Services and the School's Social Studies Coordinator. He recognized Mr. Skip Todd, with the Extension Services, and Ms. Lee Chase, Instructional Specialist for Social Studies, K-12, who were present at the meeting, and expressed appreciation to them for their efforts in this year's program. Each student then came forward and stated their name, school, and the County official they will be shadowing. Ten of the students were seated with the Board members and participated in today's meeting. Mr. Ramsey then introduced Ms. Jana Carter who stated that the Metro Richmond Coalition Against Drugs recently awarded one of its 1998 Merit Awards for a County initiative entitled S.A.F.E. (Substance Abuse Free Environment). She further stated that this initiative is coordinated through Chesterfield Youth Services and assists in advertising Richmond's only twenty-four hour drug and alcohol help line, (344-HELP), in thirty-one local Virginia alcoholic beverage control stores. She noted that calls to the help line have increased from thirty calls per month to over thirty calls per week. She showed a poster that is displayed in local ABC stores. She recognized and expressed appreciation to Ms. Kate Drew, Chair of Chesterfield Alliance for Drug Rehabilitation and Education (CADRE), and Ms. Sharyl Adams, with Youth Services, for their dedicated efforts in this initiative. She then introduced Ms. Adams. Ms. Adams expressed appreciation for the cooperation of the Virginia Alcoholic Beverage Control Department in allowing access into ABC stores for advertising. She stated that the ABC Department feels that displaying of the materials in stores is a worthwhile initiative. Mrs. Humphrey expressed appreciation to Ms. Carter for her efforts in this initiative. She recognized Ms. Anne Petera, Secretary of the Commonwealth and former Chairman of the Alcoholic Beverage Commission ,for the State's important role in 4/22/98 98-255 controlling and addressing community alcohol and substance abuse. BOARD COMMITTEE REPORTS Mr. Barber stated that on May 13, 1998 he will be meeting with the Bon Air ministers with the topic of discussion being regional issues and the guest speaker being Reverend Charles Graham; that on May 14, 1998 he will be attending a meeting with the Chesterfield County 250th Birthday Celebration Committee; that on May 25, 1998 he and his family will be representing Chesterfield County in the annual Azalea Parade; and that his next First Monday meeting will be held May 1, 1998 with the topic of discussion being the Future Committee's Report. Mr. Warren stated that Delegate Lee Ware was his guest speaker at his last constitutents meeting held on April 6, 1998 and that he and Mrs. Humphrey will have a joint constitutents meeting on May 11, 1998 with a presentation by the Future's Committee and a report on the 1998 General Assembly by Senator Stephen Martin. Mrs. Humphrey stated that she held a constitutents meeting on April 13, 1998 with Delegate Kirkland Cox being the guest speaker on the topic of transitions and changes in the General Assembly. She encouraged the public to attend constituents meetings. She stated that her next constitutents meetings will be held April 27, 1998, with Delegate Riley Ingram being the guest speaker and that she and Mr. Warren will hold a joint constitutents meeting on May 11, 1998. She further stated that she also serves the citizens by serving on the Board of Visitors at James Madison University. She stated that Dr. Ronald E. Carrier, President of James Madison University, will be retiring as President in December, 1998, at the conclusion of twenty- seven years as President, and noted that he is the longest serving President of any college in the State of Virginia. She further stated that she will be participating in activities for Dr. Carrier's retirement on May 9, 1998. Mr. Daniel stated that he attended Planning District Commission and Metropolitan Planning Organization meetings and noted that a recommendation will be coming soon regarding implementing the continuation of the Greater Richmond Partnership for another five years. He further stated that it is the consensus of the Partnership that the current level of membership will continue to be maintained and no new members will be pursued at this time. He stated that the MAPS (Metropolitan Area Projects Strategies) Committee continues to meet and noted that a presentation will be made to the Board this evening regarding activities of the MAPS Committee in greater Richmond. He further stated that he attended a meeting with the Hopkins Road/Meadowbrook Council; and that he attended a Chesterfield County 250th Anniversary Committee meeting on April 21, 1998. Mr. McHale stated that he represented the Board at a volunteer 98-256 4/22/98 reception on April 21, 1998 and noted that this week is "National Volunteer~Week". He stated that he and Mr. Daniel will h°ld a joint constitutents meeting on May 20, 1998 with their guest being the Committee on the Future. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION Mr. Daniel stated that at the April 21, 1998 Planning Commission meeting, the Commission deferred consideration of Zoning request Number 98SN0221 -- the conditional use application that would permit the private development of a golf course at Ironbridge Park until May 19, 1998. He further stated that the Commission is expected to make their recommendations to the Board of Supervisors after its May 19, 1998 meeting. Mr. Daniel then made a motion for the Board to defer consideration of Zoning Request Number 98SN0221 and Item 16.C., Public Hearing to Consider a Lease Agreement With Richmond First Tee for Approximately 150 Acres in Ironbridge Park for the Purpose of Constructing and Operating an 18-hole Golf Course until May 27, 1998. There was brief discussion relative to the number of zoning requests that will come before the Board on May 27, 1998 due to Mr. Daniel's request; the Board having in place a rule that no new business would be considered after 11:00 p.m.; the order in which the golf course issues will be placed on the Agenda; and the Board waiving the 11:00 p.m. rule at the May 27th meeting in order to allow consideration of all requests and to hear all public comment. Mr. Daniel stated that the decisions made by the Board regarding the May 27, 1998 agenda were made without regard to any specific zoning request. He further stated that it was a process that put forth with knowing that many possibilities could take place at the May 27, 1998 meeting. Mr. McHale seconded the motion made by Mr. Daniel. Mrs. Humphrey called for the vote on the motion made by Mr. Daniel, seconded by Mr. McHale, for the Board to defer consideration of Zoning Request Number 98SN0221 and Item 16.C., Public Hearing to Consider a Lease Agreement With Richmond First Tee for Approximately 150 Acres in Ironbridge Park for the Purpose of Constructing and Operating an 18-hole Golf Course until May 27, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. Micas clarified that the zoning request and the public hearing regarding the golf course will still be called during the 7:00 p.m. session of the meeting to allow public comment on the deferral. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board /22/98 98-257 added a County Administrator's Comments Item; replaced Item 8.C.7.a., Request for Permission from Mountaineer Properties, Incorporated to Construct a Concrete Retaining Wall and Fence on County Property; replaced Item 8.C.12., Set Date for Public Hearing to Consider Bids to Purchase Surplus Real Estate on River Road; replaced Item 8.C.13., Authorization to Enter into a Memorandum of Agreement for the Woolridge Road Extension Project; added Item 8.C.15., Transfer of Clover Hill District Three Cent Road Funds for the Loch Braemar Curb and Gutter Project; added Item 8.C.16., Transfer of Three Cent Road Funds from the Five Magisterial Districts for a Post-Prom Party at the Governor's School; and moved Item 14.D., Resolution Recognizing Mr. J. Richard Wooster to follow Item 8.C.l.d., Resolution Recognizing May 7, 1998 as "National Day of Prayer" and, adopted the Agenda, as amended. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Resolutions and Special Recognitions. 6. WORK SESSIONS There were no Work Sessions at this time. 7, DEFERRED ITEMS AWARD OF CONTRACT TO THE DESIGN COLLABQRATIVE FOR DESIGN OF THE NEW CHESTER BRANCH LIBRARY Mr. Hammer stated that the Board of Supervisors deferred consideration of awarding a contract to The Design Collaborative for design of the new Chester Branch Library at the April 8, 1998 meeting to allow staff to negotiate the final land prices and arrangements for the property. He further stated that all issues have been addressed at this time and that staff recommends approval of the contract. On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a two-phased professional services contract with The Design Collabortaitve for design of the new Chester Branch Library; authorized Phase One at a cost of $94,200 to allow the project o immediately proceed through the design development phase; and authorized the County Administrator to award Phase Two in FY99, at a cost not to exceed $293,400. (It is noted that phasing is required for this project because the current funds available in the Chester Branch library project are insufficient to award the entire design contract before the bond proceeds become available in FY99.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-258 4/22/98 8, NEW BUSINESS 8 . A. APPOINTMENT~ 0 DRUG AND ALCOHOL ABUSE TASK FORCE On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow simultaneous nomination/appointment of members to serve on the Drug and Alcohol Abuse Task Force. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Ms. Sarah Faris, student representative, representing Clover Hill District, and Mr. Michael Weldon, adult representative, representing Midlothian District, to serve on the Drug and Alcohol Aubse Task Force, whose terms are effective immediately and are at the pleasure of the Board. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. Stith began his streetlight presentation by stating that each year Ukrops Stores give out $21,000 in scholarships to students who work in their stores. He further stated that those scholarships are based on SAT scores, scholastic average, and community involvement. He stated that in the past few years, he has participated in selecting the students to receive the scholarships. He further stated that over 90 applications were received this year for the scholarships and noted that over half of the students are from Chesterfield County high schools. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the following streetlight installation cost approval: * Medina Drive and Woodmont Drive Cost to install light: $1,836.49 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.C. CONSENT ITEMS 8,C.7.a. FROM MOUNTAINEER PROPERTIES, INCORPORATED TO CONSTRUCT A CONCRETE RETAINING WALL AND FENCE ON COUNTY PROPERTY Mr. Barber stated that this is a development that has two sections. He further stated that this is a development that, initially when the zoning was approved under his watch, was a development with a wonderful vision. He stated that he feels 4122198 98-259 this development has now become a disappointment; that people in this area have not been treated properly; and that the work that has been performed has not been done well. He further stated that County staff has put in countless hours in an effort to get this development on track. He stated that the item before the Board at this time is needed in order to begin the next section of this development. He further stated that he is not willing to approve this item until the first section of this development is done properly. He noted that he will soon be meeting with the investors of this development. Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to table a request from Mountaineer Properties, Incorporated to construct a concrete retaining wall and fence on County property. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING APRIL 19-25, 1998 AS "PROFESSIONAL SECRETARIES WEEK" On motion of Mr. McHate, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the importance of professional secretaries to American public and private organizations has been recognized by the designation of April 19-25, 1998 as "Professional Secretaries Week"; and WHEREAS, Secretaries and administrative specialists have increased their contributions in recent years by mastering computer software and taking on management duties; and WHEREAS, persons who serve Chesterfield County in these job classificaitons must meet high standards of performance through a combination of effective interpersonal abilities and technical clerical skills, responsive and courteous service to citizens and fellow employees, and knowledge and application of numerous County and departmental policies and procedures; and WHEREAS, the Administration wishes to express its appreciation to all County Secretaries for their dedication to excellence in public service and for their contributions to the County team. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of April 19-25, 1998 as "Professional Secretaries Week" and April 22, 1998 at "Professional Secretaries Day" throughout Chesterfield County. 98-260 4/22/98 AND, BE IT FURTHER RESOLVED, that the citizens of Chesterfield Connt~ are invited to join with Professional Secretaries International, originator and sponsor of the week and day as they acknowledge the vital contributions of Secretaries in offices everywhere. Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.l.b. RECOGNIZING MAY 10-16, 1998 AS "NATIONAL LAW ENFORCEMENT WEEK" On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the dedicated, loyal, and brave members of Law Enforcement Agencies throughout the County provide an invaluable service to all citizens; and WHEREAS, the week of May 10-16, 1998 is recognized as "National Law Enforcement Week"; and WHEREAS, the County is proud and honored to have such outstanding and professional individuals as law enforcement officers in Chesterfield County who serve to protect health, safety, and welfare of its citizenry. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of May 10-16, 1998 as "National Law Enforcement Week" in Chesterfield County and calls this recognition to the attention of all its citizens. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.1.¢, RECOGNIZING APRIL 19-25, 1998 AS "NATIONAL LIBRARY WEEK" On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, libraries connect children and adults with books and other resources they need to live, learn and prosper in a global society; and WHEREAS, libraries provide preschool storytime, literacy and many other programs to encourage Americans to read; and WHEREAS, libraries educate and promote understanding of diverse culture in our own nation and around the world; and WHEREAS, libraries support a literate, productive, and globally competitive nation; and 98-261 4/22/98 WHEREAS, libraries nationwide are celebrating National Library Week and are focusing on the role of libraries in connecting children and adults with resources they need to live, learn and work in a global society. NOW, THEREFORE BE IT RESOLVED, that Chesterfield County recognizes April 19-25, 1998 as "National Library Week" in Chsterfield County, Virginia and urgs all children and adults to visit their library and thank a librarian for making this unique and wonderful institution possible. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C,l,d, RECOGNIZING MAY 7, 1998 AS "NATIONAL DAY QF PRAYER" On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the ~National Day of Prayer" is a tradition first proclaimed by the Continental Congress in 1775 ; and WHEREAS, in 1988, legislation was unanimously ratified by both Houses of Congress and signed by President Ronald Reagan stating that the ~National Day of Prayer" was to be observed on the first Thursday of every May; and WHEREAS, Thursday, May 7, 1998, marks the 47th consecutive observance of the annual "National Day of Prayer"; and WHEREAS, it is fitting and proper to give thanks to the Lord by observing this day in Virginia when all may acknowledge our blessings and express gratitude for them, while recognizing the need for strengthening religious and moral values in our State and Nation. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby proclaim May 7, 1998 as a "Day of Prayer" in Chesterfield County. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors urges all citizens to observe this day in ways appropriate to its importance and significance. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 14,D. RECOGNIZING MR, J. RIC~IARD WORCESTER FOR HIS SERVICE ON THE PARKS AND RECREATION ADVISORY COMMISSION On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: 98-262 4/22/98 WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission was established in 1993 by the Board of Supervisors for the purpose of assessing the recreation needs of the County, advising the Board of Supervisors and County staff, and making specific recommendations on the most equitable use of facilities; and WHEREAS, Mr. J. Richard Worcester was appointed as a charter member of the Commission in 1993 and served the citizens of the Clover Hill Magisterial District with distinction; and WHEREAS, Mr. Worcester has served as Chairman of the Commission from January, 1995 through December, 1997; and WHEREAS, the Commission created a new youth baseball/softball field allocation process, distributing fields based on activity periods, and the developed a new co- sponsorship policy for recreation organizations in the County; and WHEREAS, the Commission was instrumental in the creation of the Mayes-Colbert Ettrick Community Building, the first public community building in Chesterfield County, with programs for County citizens of all ages; and WHEREAS, the Commission strongly supported the acquisition and development of new parks and recreation facilities including the Dutch Gap Conservation Area and the Horse Ring and Exhibition Building at the Fairgrounds; and WHEREAS, the Commission strongly supported the passage of the 1996 bond referendum, which was overwhelmingly approved by County citizens; and WHEREAS, a total of $9.3 million will be allocated for new parks and recreation facilities for County citizens. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors wishes to commend and recognize Mr. J. Richard Worcester for his dedicated and outstanding service to the Commission and to the citizens of Chesterfield County. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.2, TRANSFER OF FUNDS FOR P0ST.CLOSURE MAINTENANCE AT CHESTER LANDFILL AND A CONSULTING STUDY On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $200,000, from the Reserve for Future Capital Projects (RFCIP), to fund needed maintenance at Chester Landfill and for a consultant study for future post closure maintenance needs. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 4/22/98 98-263 8.C.3, AUTHORIZATION FOR COUNTY ADMINISTRATOR TO ACCEPT A STATE AIRPORT IMPROVEMENT GRANT AND APPROPRIATION OF FUNDS On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to accept a Virginia Department of Aviation Grant for the Fuel Farm Upgrade -- CS00007-20 Project, and enter into contracts with the State Government for expenditure of said funds; authorize the County Administrator to enter into contracts with the applicable lowest responsive and responsible bidders for the Project; and appropriate $54,078 in State funds for the Project. (It is noted that the County's local match of $13,250, necessary for this grant, has already been appropriated and will be transferred for this project.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.4, SET DATE FOR PUBLIC ~RARING TO APPROVE A NEW LEASE AGREEMENT BETWEEN CHESTERFIELD CQUNTY AND A,T. MASSEY COAL COMPANY, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of May 27, 1998 at 7:00 p.m. for a public hearing to consider a new lease agreement between Chesterfield County and A.T. Massey Coal Company, Incorporated. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.5. REQUEST FOR FIREWORKS DISPLAYS 8,C.5.a, CHESTERFIELD COUNTY FAIRGROUNDS ON JULY 4, 1998 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from the Chesterfield County Parks and Recreation Department to stage a fireworks display at the Chesterfield County Fairgrounds on July 4, 1998, with no rain date. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C,5,b, CLOVERLEAF MALL ON JULY 3, 1998 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Chris Ruth, of the Cloverleaf Mall Merchants Association, to stage a fireworks display at Cloverleaf Mall, in the vacant field behind Hecht's Department Store, on July 3, 1998, with a rain date of July 10, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-264 4/22/98 8.C.5.c. BELLONA ARSENAL ON JULY 4, 1998 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from George Hoover to stage a fireworks display on his private property at 3810 Old Gun Road West (Betlona Arsenal), on July 4, 1998, with a rain date of July 5, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.5.d. BELLONA ARSENAL ON OCTOBER 24, 1998 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from George Hoover to stage a fireworks display on his private property at 3810 Old Gun Road West (Bellona Arsenal), on October 24, 1998, with a rain date of October 25, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.6. REQUEST TO QUITCLAIM 8.C.6.a. A PORTION OF A SWM/BMP EASEMENT ACROSS LOT 28, WATERVIEWS AT THE RESERVOIR On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a SWM/BMP easement across lot 28, Waterviews at the Reservoir, across property of Reservoir Development Corporation, a Virginia Corporation. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.6.b. A PORTION OF AN EXISTING SIXTEEN FOOT AND EIGHT FOOT DRAINAGE EASEMENT ACROSS PROPERTY OF PHILLIP J., III AND JACQUELINE WHITE On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of an existing sixteen foot and eight foot drainage easement (private) across property of Phillip J., III and Jacqueline White. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-265 4/22/98 8,C.6 .C. A PORTION OF A SEWER EASEMENT ACROSS PROPERTY OF FOREST LAKE ASSOCIATES On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sewer easement across property owned by Forest Lake Associates, L.L.C., a Virginia Limited Liability Company. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C,6.d. A TWENTY FOOT DRAINAGE EASEMENT ACROSS PROPERTY OF NAP CHESTERFIELD, L.P. On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a twenty foot drainage easement across property of NAP Chesterfield, L.P. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.7. REQUESTS FOR PERMISSION 8.C.7,b, FROMUNITED DOMINION TRUST, INCORPORATED TO CONSTRUCT TWO CURB A/ND GUTTER ISLANDS, TWO BRICK COLUMNS AND ELECTRONIC APPARATUS TO ACTIVATE A PROPOSED AUTOMATED GATE SYSTEM WITHIN A SIXTEEN FOOT WATE~ EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from United Dominion Trust, Incorporated to construct two curb and gutter islands, two brick columns, and electronic apparatus to activate a proposed automated gate system within a sixteen foot water easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C.7,c, FROM HUBANDLIMITED TO CONSTRUCTANASPHALT PEDESTRIAn! WALKWAY WITHIN A SIXTEEN FOOT DRAINAGE EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Huband Limited to construct an asphalt pedestrian walkway within a sixteen foot drainage easement, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-266 4122198 8.C.7 .d. FROM NAP CHESTERFIELD, L.P. TO HAVE A PYLON SIGN ENCROACH WITHIN A SIXTEEN FOOT SEWER EASEMENT On motion of Mr. McHate, seconded by Mr. Warren, the Board approved a request from NAP Chesterfield, L.P. to have a pylon sign encroach within a sixteen foot sewer easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.8. ACCEPTA/~CE OF PARCELS OF LAND 8.C,8.a. AT FOREST LAKE ROAD AND NILE ROAD FROM FOREST LAKE ASSOCIATES On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.171 acres at Forest Lake Road and Nile Road from Forest Lake Associates, L.L.C., a Virginia Limited Liability Company, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.8,b. ALONG THE SOUTH LINE OF ASHBROOK PARKWAY FROM S & B DEVELOPMENT COMPANY OF VIRGINIA, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.027 acres along the south line of Ashbrook Parkway from S & B Development Company of Virginia, Incorporated, a Virginia Corporation, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.9. TRANSFER OF FUNDS FOR INSTALLATION OF FOOTBALL LIGHTS AT SALEM CHURCH MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $25,000, from the Reserve for Future Capital Projects, to the Parks and Recreation Department to assist in the installation of athletic lighting on the Salem Church Middle School football field. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-267 4/22/98 8.C.10. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Flanders, Section A, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Flanders, Section A, Bermuda District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the road in Flanders, Section A, Bermuda District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Mason Avenue Length: 0.01 mile From: 50' south of existing pavement of Mason Avenue, State Route 792 To: Existing pavement of Mason Avenue, State Route 792, to additional right-of-way for existing cul-de-sac Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 2 lots. This section of Flanders is recorded as follows: Section A, Plat Book 8, Page 50, February 19, 1993. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.11. TRANSFER OF MIDLOTHIAN DISTRICT THREE CENT ROAD FUNDS TO REPAIR WQODMONT DRIVE On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $6,000 from the Midlothian District Three Cent Road Fund for repairs to Woodmont Drive. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-268 4/22/98 8.C.12. SET DATE FOR PUBLIC HEARING TO CONSIDER BIDS TO PURCHASE SURPLUS REAL ESTATE ON RIVER ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of May 27, 1998 at 7:00 p.m. for a public hearing to consider bids to purchase surplus real estate on River Road. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.13. AUTHORIZATION TO ENTER INTO A MEMORANDUM OF AGREEMENT FOR THE W00LRIDGE ROAD EXTENSION PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to enter into a Memorandum of Agreement between the Federal Highway Administration and the Virginia State Historic Preservation Officer for the Woolridge Road Extenwsion Project from Route 60 to Coalfield Road. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.14. AWARD OF CONSTRUCTION CONTRACT TO RYSTE AND RICAS, INCORPORATED TO UP FIT THE EMERGENCY COM/~TTNICATIONS CENTER On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to enter into a contract with Ryste and Ricas, Incorporated, in the amount of $2,280,623, for the up fit of the Emergency Communications Center. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8.C.15. TRANSFER OF CLOVER HILL DISTRICT THREE CENT ROAD FUND FOR THE LOC~ BRAEMAR CURB AND GUTTER PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $2,000 from the Clover Hill District Three Cent Road Fund for the installation of curb and gutter on Loch Braemar Drive at the intersection of Providence Road. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 8,C.16. TRANSFER OF THREE CENT ROAD FUNDS FROM THE FIVE MAGISTERIAL DISTRICTS FOR A POST-PROM PARTY AT THE GOVERNOR'S SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $100 from each of the five Magisterial Districts Three Cent Road Fund ($500 total) to the School Board to be used for a post-prom party at the Governor's School, subject to approval by the School Board. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 4/22/98 98-269 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims. 10. REPORTS On motion of Mr. Barber, seconded by Mr. Warren, the Board accepted 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 Road and Street Light Funds; and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: ABA/qDONMENT TOMAHAWK DRIVE - (Effective 3/20/98) Tomahawk Drive (Route 787) - From Route 360 to 0.70 mile Southeast Route 360 BRECHIN WOODS - (Effective 3/19/98) Brechin Lane (Route 5178) - From 0.09 mile Southwest Route 5177 to 0.19 mile East Route 5177 Culloden Lane (Route 5177) - From Route 5178 to Route 5176 FERNBROOK, QLDE WILLIAMSBURG, PHASE 5 Effective 3/30/98) Barnwell Circle (Route 3849) - From Route 3249 to 0.04 mile East Route 3249 Benchmark Court (Route 3848) - From 0.03 mile West Route 3249 to Route 3249 Olde Liberty Road (Route 3249) - From 0.01 mile North Route 3248 Welhaven Drive (Route 3843) - From Route 3249 to 0.15 mile Northeast Route 3249 FINSTOWN LANDING - (Effective 3/19/98) Finstown Lane (Route 5176) - From 0.42 mile Northwest Route 5160 to Route 5160 Highland Glen Drive (Route 5160) - From 0.40 mile South Route 5166 to Route 5166 LENGTH -0.7O Mi 0.28 Mi 0.16 Mi 0.04 Mi O.O3 Mi 0.19 Mi 0.15 Mi 0.42 Mi 0.40 Mi 98-270 GLEN KILCHURN Glen Kilchurn Drive (Route 5180) - From 0.35 Mile South Route 5160 to Route 5160 Highland Glen Drive (Route 5160) - From 0.01 Mile South Route 5176 to 0.19 mile Southeast Route 5176 WALTHAIJ, CREEK, SECTION 15 - (Effective 3/23/98) Woodland Hill Drive (Route 4071) From 0.27 mile Southeast Route 4061 to Route 4061 Ayes: Nays: 0.35 Mi 0.18 Mi 0.27 Mi Humphrey, Warren, Barber, Daniel, and McHale. None. 11. DINNER On motion of Mr. Warren, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 12. INVOCATION Pastor Gerald Glenn, of New Deliverance Evangelistic Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Members of the Meadowbrook High School JROTC Color Guards led the Pledge of Allegiance to the Flag of the United States of America. Mrs. Humphrey expressed appreciation to the members of the ROTC for performing the Pledge of Allegiance. Mr. Daniel restated that at the April 21, 1998 Planning Commission meeting, the Commission deferred consideration of Zoning request Number 98SN0221 -- the conditional use application that would permit the private development of a golf course at Ironbridge Park until May 19, 1998. He further stated that the Commission is expected to make their recommendations to the Board of Supervisors after its May 19, 1998 meeting. Mr. Daniel then made a motion, seconded by Mr. Warren, for the Board to suspend its rules at this time to amend the Agenda to call two items out of order. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-271 4/22/98 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: 98SN0221 In Dale Magisterial District, CHESTERFIELD COUNTY PARKS AND RECREATION requested Conditional Use and amendment of zoning district map to permit a golf course use. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Iron Bridge Park. This request lies in an Agricultural (A) District on 354.6 acres fronting approximately 250 feet on the east line of Iron Bridge Road, also fronting approximately 3,800 feet on the north line of Route 288 and located in the northeast quadrant of these roads, also fronting approximately 3,400 feet on the north line and approximately 3,300 feet on the south line of Whitepine Road and approximately 900 feet on the east line and approximately 950 feet on the west line of Hunting Creek Drive. GPIN 770-669-9700 and 774-670-5199 (Sheet 22). Ms. Gloria Frye, representing the Parks and Recreation Department, stated that the recommendation for a deferral is acceptable. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board deferred consideration of Case 98SN0221 until May 27, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 16. D. TO CONSIDER A LEASE AGREEMENT WITH RICHMOND FIRST TEE FOR APPROXIMATELY 150 ACRES IN IRONBRIDGE PARK FOR THE PURPOSE OF CONSTRUCTING AND OPERATING AN 18-HOLE GOLF COURSE No come came forward to speak in favor of or against the deferral. On motion of Mr. Daniel, seconded by Mr. Barber, the Board deferred consideration of a lease agreement with Richmond First Tee for approximately 150 acres in Ironbridge Park for the purpose of constructing and operating an 18-hole golf course until May 27, 1998 to be heard after Zoning Case 98SN0221. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 2.A, COUNTY ADMINISTRATOR'S COMMENTS (Continued) Mr. Ramsey stated that Chesterfield County is fortunate to have excellent corporate citizens and industries in the community. He further stated that Maruchan Virginia, Incorporated has been in Chesterfield for approximately eight years. He then introduced Mr. McLaren. 98-272 4/22/98 Mr. McLaren stated that Maruchan contacted the Economic Development Department to express their interest in contributing funds to a County organization. He then introduced Mr. Nobuhide Kaneshige, Plant Manager, and Mr. Hiroyuki Matsushita, representing Maruchan. He noted that Mr. Kaneshige will soon be returning to Japan and Mr. Matsushita will be assuming the position as Plant Manager. Mr. Kaneshige expressed appreciation to the County for its support and acknowledged the successful growth of Maruchan~ He then presented two checks, each in the amount of $25,000, to Dr. William Bosher, School Board Superintendent, and to Mr. John Taylor, Chairman, and Mr. Walter Heyer, Executive Director of the Henricus Foundation. Mr. Taylor stated that this donation is the first gift that the Henricus Foundation has ever received from a foreign company, but now an American company. He further stated that he is most grateful for the generosity shown by Mr. Kaneshige, Mr. Matsushita, and Maruchan. He stated that this donation has provided great encouragement in expanding the Henricus project. He further stated that Mr. Herbert Sink, Vice Chairman, and Mr. Walter Heyer, Executive Director of the Henricus Foundation, have been the recipient of some outstanding regional cooperation, particularly with the support of the Board of Supervisors. Dr. Bosher expressed appreciation for the generous donation and stated that he is honored to receive this gift. He stated that the donation will be used directly to support activities in the classroom and will assist in funding an automated manufacturing lab. He acknowledged the cultural, educational, social, and personal impacts that Maruchan has made in the community and expressed appreciation to Maruchan for their business and for their contributions to this community. Mrs. Humphrey expressed appreciation, on behalf of the Board, to Maruchan for the generous donation and for the services they provide to Chesterfield County. She stated that Maruchan has been a wonderful asset to this community. Mr. Barber acknowledged that the soup product produced by Maruchan is also a great service for the elderly. 14 .A, PRESENTATION REGARDING THE MAPS (METROPOLITAN AREA PROJECTS STRATEGIES) PROCESS IN GREATER RICHMOND Mr. Ramsey stated that Mrs. Humphrey and Mr. Daniel serve on the Metropolitan Area Projects Strategies (MAPS) Committee which is a project sposnored by the Greater Richmond Chamber of Commerce. He then introduced Mr. Rick Horrow, a consultant of the Greater Richmond MAPS Committee, to brief the Board on the status of this project. Mr. Horrow presented a packet to each of the Board members regarding the MAPS process. He stated that MAPS is a new found way that regions around the country are bundling their 4/22/98 98 -273 infrastructure needs in one comprehensive process, not to replace the goals and objectives of local government, but as an enhancement to develop projects faster than what might not already happen through a normal course of revenues. He stated that this process was created in the early 1990's in Oklahoma City, where four units of government came together and put together a referendum called MAPS to develop nine facilities in one comprehensive infrastructure package. He further stated that the referendum included a convention center, a performing arts facility, a coliseum, a new baseball facility, recreational facilities around the region, a retail canal, fairgrounds improvement, transportation components, and education high tech wiring of schools and public libraries. He stated that this process set a trend where twelve other jurisdictions had approved bundled infrastructure packages since 1993 including Cleveland, Cincinnati, Nashville, Tampa, Detroit, San Francisco, and Seattle. He further stated that he feels the timing is right, from a national, local, and regional perspective, for bundled infrastructure development. He stated that they have entered into a five-phase process and briefly reviewed the process for each phase -- the first phase being criteria development; the second phase being project solicitation; the third phase being committee prioritization, recommending back to local government for their inclusion; the fourth phase being legislative awareness; and the fifth phase being public approval. He further stated that he feels the forty-six people involved on the MAPS Committee are the most comprehensive, diverse group of individuals representing the largest cross- section of any community of this type at this phase in a process. He stated that this process has nothing to do with the inherent size or lack of size of a particular region, but has to do with corporate, civic, and business commitment and political will. He requested everyone to keep an open mind regarding this process and to allow the MAPS Committee the opportunity to continue to communicate as the projects move forwards. Mr. Daniel stated that he has not reported any specifics as to the details of all the MAPS efforts, but he can assure the Board that, at this stage, discussions have been open and there is nothing that has been absolutely decided upon. He further stated that he will keep the Board informed regarding this process and receive input from the Board regarding particular issues. 14,B. PRESENTATION REGARDING "PROCLAMATION ON THE FAMILY" RECOGNITION Mr. Ray Hugo, representing the Church of Jesus Christ of Latter Day Saints, introduced Miss Melissa Burr, accompanied by several other youth members of the Church. Miss Butt stated that there are approximately 1,800 members of the Church of Jesus Christ of Latter Day Saints in the Chesterfield area. She then presented the Board with a framed copy of the ~Proclamation on the Family". She stated that the proclamation was prepared in 1995 and that this is only the third proclamation that has been prepared in 160 years, ever 98-274 ~/22/98 since the Church was organized. She further stated that the proclamation explains the eternal principals that govern families and their relationships. She stated that the proclamation explains the importance of parental role and its rewarding job. She further stated that this proclamation has also been given to the President Clinton and former Governor Allen and will also be presented to Governor Gilmore. She recognized other members of the Church who were present at the meeting. She stated that the family is the essential part of society and that if everyone strengthens their families, the results will surface in all parts of humanity. Mrs. Humphrey expressed appreciation, on behalf of the Board, for the recognition and presentation. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14 .C. RECOGNIZING THE LATE WILLIAM BARTHL0W FOR HIS SERVICE TO THE SOLID WASTE ADVISORY COMMITTEE Mr. Pitaro introduced Ms. Joanne Barthlow who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Solid Waste Advisory Committee, formerly known as the Recycling Committee, reviews all regional and County programs pertaining to solid waste issues including recycling and solid waste management; and WHEREAS, Mr. William Barthlow was a charter member of the Solid Waste Advisory Committee since 1989 as a representative of the Clover Hill District; and WHEREAS, Mr. Barthlow was instrumental in establishing the County's involvement in the regional Curbside Recycling Program and in addressing many solid waste issues in Chesterfield County; and WHEREAS, Mr. Barthlow faithfully and diligently performed duties and discharged the responsibilities incumbent upon him as a member of the Solid Waste Advisory Committee. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the late William Barthlow for his outstanding and dedicated service to the Solid Waste Advisory Committee, representing the Clover Hill District. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Barthlow's wife, Joanne and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-275 4/22/98 Mr. Warren'presented the executed resolution to Mrs. Joanne Barthlow and acknowledged the dedicated efforts of her late husband, William Barthlow, on the Solid Waste Advisory Committee. Mrs. Barthlow expressed appreciation for the recognition and stated that Mr. Barthlow felt it was a privilege to work for Chesterfield County. 14,E, RECOGNIZING ~{Ay 17-23, 1998 AS "VOLUNTEER RESCUE SQUAD WEEK" Deputy Chief Stephen Elswick stated that the County is proud of its 490 volunteer rescue squad personnel that serve the community. He then introduced Mr. Benny Moore, of the Bensley- Bermuda Rescue Squad; Mr. Jesse Croome, of the Ettrick-Matoaca Rescue Squad; Mrs. Louise Wade and Mr. Jim Bailey, of Manchester Rescue Squad; and Mr. J. C. Phillips, of the Forest View Rescue Squad. On motion of the Board, the following resolution was adopted: WHEREAS, Bensley-Bermuda, Ettrick-Matoaca, Forest View, and Manchester Volunteer Rescue Squad members provide basic and advanced pre-hospital patient care, a vital public service to the citizens of Chesterfield County; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, last year, 490 volunteer rescue squad members in Chesterfield County answered almost 9,000 emergency medical responses; and WHEREAS, members of the volunteer rescue squads engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, these services are provided strictly on a volunteer basis without monetary compensation; and WHEREAS, injury prevention and the appropriate use of the EMS system can reduce national health care costs; and WHEREAS, Chesterfield County is committed to assisting the squads in their role as an integral part of Emergency Medical Services. 98-276 4/22/98 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of May 17-23, 1998 as "Volunteer Rescue Squad Week" and asks the citizens of Chesterfield County to participate in activities sponsored by their local squads to promote safety at home, work, school, and on the roadways and recognize the contributions made by the volunteers. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mrs. Humphrey presented the executed resolutions to Mr. Moore, Mr. Croome, Mrs. Wade, Mr. Bailey and Mr. Phillips, expressed appreciation to them for their volunteer service, and commended them on the services they provide County citizens. Mr. Phillips stated that the four County rescue squads belong to the Virginia Association of Volunteer Rescue Squads, a Statewide organization and noted that he has served as Past President of that organization. He then reviewed some statistics including 314 volunteer rescue squads belonging to the Association; that in 1997, rescue squads in the State of Virginia responded to 252,477 calls; that the squads drove 5,975,607 miles; that the squads spent 4,472,315 manhours; and that the Association consists of 15,000 volunteer members. He expressed appreciation to the Board for their continued support of the volunteer rescue squads. Mr. Barber commended members of the volunteer rescue squads, as well as the auxiliary members, for their dedication and efforts. 14.F. RECOGNIZING BOY SCOUTS UPON ATTAINING RANKOF EAGLE SCOUT 14.F.1. MR. LEVAR COLE, TROOP 178 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 WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, 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. Levar Cole, Troop 178, sponsored by Ivey Memorial United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and 98-277 4/22/98 WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Levar is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Levar Cole and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. McHale presented the executed resolution and a patch to Mr. Cole, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Cole expressed appreciation for the recognition and to his family and scoutmaster for their support. 14.F.2. MR. ANDREW R. PIKE, TROOP 819 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 WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, 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. Andrew R. Pike, Troop 819, sponsored by Saint John's Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Andrew is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. 98-278 4/22/98 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Andrew R. Pike and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. McHale presented the executed resolution and a patch to Mr. Pike, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Pike expressed appreciation for the recognition and to his scoutmaster and the members of Troop 819 for their support. Mr. McHale noted that Troop 178 will have eight young men achieve the rank of Eagle Scout this year and acknowledged such a tremendous achievement. 14.G. RECOGNIZING MS, TONI PIPER FOR HER OUTSTANDING SCHOLASTIC ACKIEVEMENTS Mr. Stith introduced Ms. Toni Piper who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Toni Piper is a distinguished Junior Physics Major at Virginia State University and is a native of Chesterfield County; and WHEREAS, Ms. Piper has demonstrated consistent excellence in her studies and research; and WHEREAS, Ms. Piper has participated in a summer internship sponsored by the National Aeronautics and Space Administration at Howard University; and WHEREAS, Ms. Piper presented her 1997 research on "Coronal Streamer Observations with the Ultraviolet Chronograph Spectrometer" at the Sixty-Ninth Annual Meeting of the National Technical Association in Philadelphia. WHEREAS, Ms. Piper's research, examining the composition of the areas surrounding the sun, was performed at the Goddard Space Flight Center in Maryland and at Howard and Harvard Universities; and WHEREAS, the National Technical Association, Incorporated is a professional association of scientists, engineers, and mathematicians dedicated to increasing the number of minorities and women in the sciences; and 98-279 4/22/98 WHEREAS, Ms. Piper was cited by her peers and awarded first place in the National Technical Association's Student Technical Symposium and this achievement earned her an award of $4,000 and an additional award of $1,000 for the Virginia State University Department of Physics; and WHEREAS, the Board of Supervisors appreciates Ms. Piper's work and the recognition she has brought to Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly acknowledges and applauds Ms. Toni Piper for her superior scholarship and promise for future achievement as a scholar, researcher, and science educator. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Piper and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Mrs. Humphrey presented the executed resolution to Ms. Piper, commended her on her outstanding scholastic achievements, and wished her success in her future endeavors. Ms. Piper expressed appreciation for the recognition and stated that her accomplishments would not have been possible without the encouragement, support, and guidance of her family. 14 .H. RECOGNIZING COUNTY HIGH SCHOOLS FOR PROVIDING DRUG AND ALCOHOL-FREE POST-PROM PARTIES Mr. Golden introduced Ms. Lynn Noel and Sterling Hawkins, of Meadowbrook; Mr. James Ballard, Matoaca; Ms. Alice Hardison, Clover Hill; Ms. Mary Robinson, Monacan; Mr. Edward Witthoefft, Midlothian; Mr. John Baskerville, L. C. Bird; Ms. Jerry Ann Munson, Thomas Dale; and Mr. J. Michael Rose, James River who were present to accept the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, the two highest risk nights for teens are prom and graduation, with some parents seeming to condone parties where alcohol and drugs are available; and WHEREAS, students need an alternative to drugs and alcohol to which they can and will say ~YES"; and WHEREAS, in 1997, over 350 schools and communities in Virginia participated in Operation Prom/Graduation's alcohol and drug-free parties for students; and WHEREAS, many parents of Juniors and Seniors at L. C. Bird; Clover Hill; James River; Matoaca; Meadowbrook; Midlothian; Monacan; and Thomas Dale High Schools, with financial support from the local and surrounding business community, are working to provide alternative Uno alcohol or 98-280 4/22/98 drugs" parties following the Clover Hill Prom on April 25; Thomas Dale on May 1; Monacan on May 2; Meadowbrook on May 8; James River, Matoaca, and Midlothian on May 9; and L. C. Bird on May 16; and WHEREAS, communities all over Virginia are reaching in many ways to their young people with love and concern, encouraging them to "Celebrate Life" NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly declares the weekends of April 25-26; May 1-3; May 8-10; and May 16-17 as ~Drug and Alcohol-Free Among the Teen and Adult Population of Chesterfield County." AND, BE IT FURTHER RESOLVED, that adults be encouraged to provide a positive, no alcohol and drugs example for our youth, particularly at the high risk times of prom and graduation, in an effort that we not only change lives, but save them. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mrs. Humphrey presented the executed resolutions to Ms. Noel, Mr. Hawkins, Mr. Ballard, Ms. Hardison, Ms. Robinson, Mr. Witthoefft, Mr. Baskerville, Ms. Munson, and Mr. Rose, expressed appreciation to them for providing drug and alcohol-free post- prom parties, and acknowledged the importance of .drug and alcohol-free parties. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE ~RARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES W~ERE THE APPLICA/~T ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES W~ERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 97SN0293 In Clover Hill Magisterial District, B. MITCHELL SNEAD, NANCY K. SNEAD AND MARGO NORMENT requested a deferral to July 29, 1998 of consideration for rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) with Conditional Use to permit intercom systems for drive-in windows. A drug store with drive-in windows and other retail uses is planned. However, with the approval of this request, other C-3 uses would be permitted. 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 on 11.5 acres fronting approximately 700 feet on the north line of Hull Street Road, approximately 70 feet east of Hicks Road. GPIN 759-692-6088 and 759-693-Part of 8413 (Sheet 14). 98-281 4/22/98 Mr. Jacobson presented a summary of Case 98SN0293 and stated that the applicant is requesting a deferral to July 29, 1998. Mr. Jim Theobold, representing the applicant, deferral to July 29, 1998. There was no opposition present. requested a On motion of Mr. Warren, seconded by Mr. Barber, the Board deferred Case 97SN0293 until July 29, 1998. Humphrey, Warren, Barber, Daniel, and McHale. None. Ayes: Nays: 98SN0115 In Bermuda Magisterial District, WILLIAM M. FRIDLEY, FRIDLEY'S WELDING SERVICE requested deferral to May 27, 1998 of consideration for rezoning and amendment of zoning district map from Community Business (C-3) 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 1.01 acres known as 7708, 7712 and 7716 Jefferson Davis Highway. GPIN 791-677-4189, 4284 and 4379 (Sheet 23). Mr. Jacobson presented a summary of Case 98SN0115 and stated that the applicant is requesting a deferral to May 27, 1998. Mr. Dean Hawkins, representing the applicant, requested a deferral to May 27, 1998. He further stated that the applicant is currently working on some detailed proffered conditions to address residents' concerns. Ms. Kathy Runner expressed concerns relative to the number of times this request has been deferred and stated that she would like action to be taken on this request. She recognized two other area residents present at the meeting. Mr. McHale stated that he understands the concerns expressed by Ms. Runner. He further stated that based on the fact that progress is being made with the applicant, he will support the request for a deferral. Mr. McHale then made a motion, seconded by Mr. Daniel, for the Board to defer Case 98SN0115 until May 27, 1998. There was brief discussion relative to the large number of zoning requests that will be heard at the May 27, 1998 Board meeting and whether the applicant would rather defer the request to June 24, 1998. After brief discussion, Mr. Hawkins stated that deferral to the May 27, 1998 meeting would be acceptable. 98-282 4/22/98 Mrs. Humphrey called for the vote on the motion made by Mr. McHale, seconded by Mr. Daniel, for the Board to defer Case 98SN0115 until May 27, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0165 In Bermuda Magisterial District, WHITTLE AND ROPER requested deferral to October 28, 1998 of consideration for rezoning from Light Industrial (I-l) to Residential (R-12) on 7.4 acres plus proffered conditions on this property and an adjacent 31.9 acre parcel currently zoned Residential (R-7). A single family residential subdivision having a minimum lot size of 9,000 square feet is planned. Residential use of up to 4.84 units per acre is permitted in a Residential (R-7) District and up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies on 39.3 acres fronting approximately 1,800 feet on the south line of Route 288, also fronting the terminus of Seminole Avenue and located approximately 250 feet east of Jefferson Davis Highway. GPIN 798-661-Part of 2276 (Sheet 32). Mr. Jacobson presented a summary of Case 98SN0165 and stated that the applicant is requesting a deferral to October 28, 1998. Mr. Jim Daniels, representing the applicant, stated that a deferral to October 28, 1998 is acceptable. Mr. Mike Sevadis stated that this request has now been deferred three times and that he does not feel there has been proper notice of this development to area residents. He further stated that he feels additional notices regarding this development need to be sent to area residents. He expressed concerns relative to traffic safety in this area. He stated that he has suggested that a fifty foot buffer be located adjacent to existing area development. Mr. McHale requested staff to review the list of names presented by Mr. Sevadis to ensure that appropriate notices are being sent to citizens. He requested the Police Department to assess the traffic issues in the area. There was brief discussion relative to those that the County are required to notify by law regarding developments in the County. Mrs. Humphrey explained that the County process is only required, by law, to notify adjacent/adjoining property owners to proposed developments. She stated that Mr. Sevadis can also address his traffic/safety concerns, specifically as it relates to School buses, with Mr. Marshall Trammell, School Board representative. There was brief discussion relative to the notification process. 98-283 4/22/98 On motion of Mr. McHale, seconded by Mr. Daniel, the Board deferred Case 98SN0165 until October 28, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0157 In Clover Hill Magisterial District, RUDOLPH CONSTRUCTION CO. requested deferral to June 24, 1998 of consideration for rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12). A single family residential subdivision with a minimum lot size of 15,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit development to a maximum of sixteen (16) lots, yielding a density of 2.35 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 6.8 acres fronting approximately 700 feet on the west line of Clintwood Road, approximately 150 feet north of Dumaine Drive, also located at the western terminus of Dumaine Drive. GPIN 742-687-5026, 5864, 7824 and 7941 (Sheet 14). Mr. Jacobson presented a summary of Case 98SN0157 and stated that the applicant is requesting a deferral to June 24, 1998. Mr. Andrew Scherzer, representing the applicant, requested a deferral to June 24, 1998. Mr. Carl Liggon, an adjacent property owner, stated that the Planning Commission has recommended denial and indicated that he feels the request should also be denied. Mr. Warren stated the he, personally, has not had the opportunity to review the recommendations of the Planning Commission for denial. He further stated that it is his understanding that the applicant, in good faith, wishes to meet with the residents in an effort to work out a solution. He stated that the request for denial by the Planning Commission plays a part, however, he also feels the applicant should be able to attempt to resolve residents concerns. There was brief discussion relative to the process followed if the request is deferred. Ms. Jean Gibson stated that she resides close to the subject property and that she has not received any notification for meetings regarding this request. After brief discussion, on motion of Mr. Warren, seconded by Mrs. Humphrey, the Board deferred Case 98SN0157 until June 24, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-284 4/22/98 98SN0123 (Amended) In Midlothian Magisterial District, BONARCO ASSOCIATES AND STONEHENGE/WOOD ASSOCIATES, L. C. requested a Conditional Use Planned Development and amendment to Case 95SN0186 on 6.4 acres currently zoned Residential Townhouse (R-TH) with Conditional Use to permit an adult day care, bulk exceptions and exceptions to a proffered condition relative to architectural requirements and amendment to Case 95SN0186 on 16.6 acres currently zoned Residential Multi-Family with Conditional Use Planned Development to permit bulk exceptions and exceptions to a proffered condition relative to architectural requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for planned transition uses. This request lies on 23 acres fronting in two (2) places for a total of approximately 230 feet on the south line of Midlothian Turnpike, also fronting on the south line of Farnham Drive and located at the intersection of these roads. GPIN 735- 706-Part of 5880 (Sheet 7). Mr. Jacobson presented a summary of Case 98SN0123 and stated that staff and the Planning Commission recommend approval, subject to one condition and acceptance of the proffered conditions. He noted the proffered conditions ensure a type of development that is supported by the Midlothian Area Community Plan. Mr. Jim Theobold, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. Warren, the Board approved Case 98SN0123, subject to the following condition: The Textual Statement received March 16, 1998, shall be considered a part of the Master Plan. And, further, conditions: the Board accepted the following proffered The property owner and applicants in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicants. In the event this request is denied or approved with conditions not agreed to by the owner and applicants, the proffers shall immediately be null and void and of no further force or effect. Where the proffers reference the "Master Plan", the "Master Plan" shall be that plan prepared by Timmons entitled ~Stonehenge/Wood Associates, Master Plan" dated March 6, 1998, as modified March 16, 1998 and attached to the Request Analysis. 98-285 4/22/98 APPLICABLE TO PARCELS "A" AND "B" ON THE MASTER PLAN Proffered Condition 20 of Case No. 95SN0186 is hereby amended and restated as follows: o Architectural Appearance. The architectural appearance of dwelling units on the R-TH Tract shall be of an architectural style complementary to that shown on elevations prepared by Ty Powell, Inc., dated October, 1997 and November, 1997 and which are attached hereto as Exhibit "A". The architectural appearance of dwelling units on the R-MF Tract shall be of an architectural style complementary to that shown on elevations which are attached hereto as Exhibit KB". The provisions in this condition applicable to the R-TH Tract shall also be applicable to any cluster homes developed on the R-MF Tract. Maintenance of Private Road~ and Drives. Private roads and drives shall be maintained by the respective Owners' Associations. Stormwater Drainage. With the exception of that portion of the Property which drains to the existing pond on the Stonehenge Golf and Country Club property, stormwater shall be stored so that the storage volume is that of a fifty (50) year post-development storm with a release of a ten (10) year pre-development storm. For that portion of the Property which drains to the existing pond on the Stonehenge Golf and Country Club property, stormwater shall be stored so that the storage volume is that of a fifty (50) year post development storm with a release of a two (2) year pre-development storm unless otherwise approved by the Director of Environmental Engineering at the time of site plan review. Master Plan. Development of the Property shall be generally in conformance with the Master Plan unless otherwise approved at the time of Site Plan or Tentative Plan review. Conceptual Plan. The ultimate design of the developments on Parcels UA" and "B" for the uses that would be permitted through this application shall generally conform with the Conceptual Plan prepared by Timmons entitled "Stonehenge/Wood Associates, Conceptual Plan" dated March 6, 1998 and attached hereto as Exhibit "C," except as modified by the Exhibit KC" attached to the Request Analysis. The exact location of driveways, parking areas, roads and buildings need not be as shown on the Conceptual Plan; however, the concepts of the Plan which minimize the number of units and garages fronting the Private Road in Parcel "A" and the number of units and garages fronting Farnham Drive in Parcel "B" shall be maintained. 98-286 4/22/98 o Materials. Building materials for condominiums and cluster homes shall include brick and in addition thereto may include other materials in varying amounts such as, but not limited to, beaded vinyl siding, stone, E.I.F.S. and stucco. Roof materials shall be architectural/dimensional asphalt composition shingles. Landscaping Along Farnham Drive. Within the twenty-five (25) foot setback along Farnham Drive, landscaping, which may include berms, shall be accomplished to minimize the view of the development from Farnham Drive. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with Tentative Subdivision or Site Plan Approvals. APPLICABLE TO CONDOMINIUMS ON PARCEL "A" ON THE MASTER PLAN Owners' Association. Common area and/or elements shall be governed and maintained by an Owners' Association as provided by the Virginia Condominium Act. Number of Attached Units; Garages. There shall be no more than five (5) attached units developed in a row. No more than thirty-five (35) percent of the condominium units shall have garage doors facing the Private Road as indicated on the Master Plan. No more than two garage doors in any one building directly abutting the Private Road may face the Private Road. The foregoing sentence shall not be applicable to four buildings within the development, provided that none of the four (4) buildings are immediately adjacent to one another. 10. Streetscape Landscaping. Street trees shall be planted along each side of the Private Road and Private Drives as labeled on the Master Plan which provide access to driveways and parking areas serving residences. The exact spacing, species and size shall be approved by the Planning Department at the time of site plan review. 11. Landscapinq. Other than adjacent to Stonehenge Golf and Country Club, landscaping shall be provided between buildings, the Private Road and Private Drives as labeled on the Master Plan, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall be designed to minimize the predominance of building mass and paved areas and enhance the residential character of the development. The exact numbers, spacing, arrangement and species shall be approved by the Planning Department at the time of site plan review. APPLICABLE TO DETACHED CLUSTER TOWNHOUSE I/NITS IN pARCEL "B" ON THE MASTER PLAN 12. Sideyards. Ail dwellings shall be located no more than five (5) feet six (6) inches from one side property line, which dwelling shall also be a minimum of ten (10) feet 4/22/98 98-287 from the opposite side property line. Among every set of three (3) dwellings adjacent to one another, there shall be a minimum of twenty (20) feet of space between at least two (2) of them. 13. Garages. No more than two (2) of four (4) contiguous lots may have garages facing a street. 14. Adult Day Care. Any adult day care facility developed on Parcel "B" shall conform to O-1 Emerging Growth Standards and shall be of an architectural style which is compatible with homes developed on Parcel "B". Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 985N0156 (Amended) In Midlothian Magisterial District, B. K. KATHERMAN & CO., INC. requested amendment to Conditional Use Planned Development (Case 87S021) 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 regional mixed use. This request lies in a Light Industrial (I- l) District on 2.3 acres fronting approximately 325 feet on the north line of Midlothian Turnpike and the south line of Sommerville Court and approximately 300 feet on the east line of North Otterdale Road and located at the intersection of these roads. GPIN 721-709-6885 and 8482 (Sheet 7). Mr. Jacobson presented a summary of Case 98SN0156 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Mr. Andrew Scherzer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. approved Case 98SN0156 and accepted the condition: Warren, the Board following proffered Ail signs shall comply with the requirements of the Zoning Ordinance. Development Standards Waivers or Variances shall not alter this condition. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-288 4/22/98 98SN0166 In Bermuda Magisterial District, W. COURTNEYWELLS AND RODNEY L. WELLS requested rezoning and amendment of zoning district map from Residential (R-7) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. This request lies on 9.0 acres lying approximately 200 feet off the south line of East Hundred Road, measured from a point approximately 575 feet east of Spruce Avenue. GPIN 826-643-Part of 6483 (Sheet 43). Mr. Jacobson presented a summary of Case 98SN0166 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Area Land Use and Transportation Plan. Mr. Rodney L. Wells stated that the acceptable. recommendation is Ms. Margie Dowden expressed appreciation to staff for their efforts in working with area residents regarding this request. On motion of Mr. McHate, seconded by Mr. Warren, the Board approved Case 98SN0166 and acceptance of the following proffered conditions: 1. The public water system shall be used. A 200 foot buffer shall be maintained along the western property boundary adjacent to GPIN 825-643-8066 and 8090 and 825-644-7315. There shall be no access through this buffer. Except as stated herein, this buffer shall conform to the requirements of the Development Standards Manual for 100 foot buffers, Sections 19-520, 19-521 (a) through (h). A minimum eight (8) foot high wooden privacy fence shall be erected and maintained along the eastern boundary of the buffer, southward to the 100 year floodplain of the creek which forms the southern boundary of the request property. Provided, however, if the Resource Protection Area (RPA) of the creek is located further from the creek than the floodplain, then the fence shall be erected and maintained southward to the RPA and 100 feet eastward, along the northern edge of the RPA. Nothing in this condition shall supersede the Development Standards Manual screening requirements for loading areas that are oriented towards the western and southern property boundaries, provided however such screening, where loading areas are oriented towards the western and southern property boundaries, shall be at least eight (8) feet in height. (Note: The Development Standards Manual may require screening of loading areas with a solid wall constructed of materials compatible with buildings, and not a wooden fence.) 98-289 4/22/98 The uses on the Property shall be those permitted by right and those permitted with restrictions in the C-3 District except that the following uses shall not be permitted: no Cocktail lounges and nightclubs. Material reclamation receiving centers. Liquor stores. o Parking lot lighting shall not exceed a height of thirty- five (35) feet. No uses within 350 feet of the western property boundary (adjacent to GPIN 825-643-8066 and 8090 and 825-644-7315) shall be open to the public between the hours of 12:00 midnight and 6 a.m. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0178 In Dale Magisterial District, DAVID M. WOODFIN requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). A single family residential subdivision with a minimum lot size of 12,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit development to a maximum of 38 lots, yielding a density of approximately 2.3 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 2.5 units per acre. This request lies on 16.4 acres lying approximately 390 feet off the north line of Jacobs Road, approximately 240 feet west of Newbys Bridge Road. GPIN 758- 683-2485 (Sheet 14). Mr. Jacobson presented a summary of Case 98SN0178 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He noted the request conforms to the Central Area Plan. Mr. Richard Minter, representing the applicant, stated that the recommendation is acceptable. Due to someone wishing to speak to the request, the request was placed in its normal sequence on the Agenda. 16. PUBLIC HEARINGS 16 .A. TO CONSIDER THE EASTERN MIDLOTHIAN PLAN AND PROPOSED ZONING ORDINANCE AMENDMENT RELATING TO USES PERMITTR~ IN THE C-5 DISTRICT IN THE EASTERN MIDLOTHIAN TURNPIKE CORRIDOR Mr. Warren excused himself from the meeting. 98-290 4/22/98 Mr. Jacobson stated this date and time has been advertised for a public hearing to consider the Eastern Midlothian Plan and proposed zoning ordinance amendment relating to uses permitted in the C-5 district in the Eastern Midlothian Turnpike Corridor. He presented an overview of the Plan and stated that primary goal of the Plan is to stabilize and improve both the business corridor and the surrounding neighborhoods. He further stated that a major recommendation of the P~an includes establishment of a public/private organization with the purpose of recruiting new businesses and retaining existing businesses within this Corridor. He stated that another major recommendation is the establishment of a County program to build and strengthen the residential neighborhoods. Mr. Warren returned to the meeting. Mr. Jacobson stated that since the delay of this public hearing, there was some discussions about proposed land use plan designation changes located behind Home Quarters, along Powhite Parkway, and noted that the recommendation of the Planning Commission and staff proposes no changes in the land use plan designation. He continued to present an overview of the Plan and briefly outlined the proposed zoning ordinance amendment, recommended by the Planning Commission and staff. He stated that the recommendation proposes to restrict some heavier by right C-5 uses by requiring a conditional use. He stated that examples of heavy commercial uses would be boat sales, tractor trailer service stations, outdoor storage uses, etc. When asked, he stated that "gentlemen" clubs would not be allowed along the Midlothian Turnpike corridor. He further stated that the ordinance amendment does prohibit several very heavy commercial uses -- drive-in theaters, tire vulcanizing, and truck terminals in C-5 District. When asked, Mr. Jacobson stated that the Planning Commission and staff recommends that there be no statement added to the proposed Plan recommending uses other than residential in the Scottingham/Whitestone area. He further stated the proposed Plan designated the Scottingham/Whitestone area for residential Mr. Eric Sundberg, President of the Gateway Business Association, and owner of Southern Autotronic, located on Midlothian Turnpike, expressed appreciation to the Planning Commission and staff for their efforts in drafting the proposed Plan and acknowledged their efforts in working to address the concerns of citizens and businesses. He stated that they feel the proposed Plan will increase the value of property in the area and that now is the opportunity to be proactive and visionary in controlling the land use in this area. He further stated that they feel concepts such as the proposed Community Initiative, the Business Alliance, the continuation of the community policing program, aesthetic improvements, employment centers, and retail businesses are the important components in linking business communities with neighborhoods. He expressed concerns relative to County funding being reduced as it relates to the community initiatives, specifically, as it relates to the business alliance. 4/22/98 98-291 Ms. Nayota Gusler, President of the Foresthitl Civic Association, stated that she was an active participant on the 360 Corridor Plan. She further stated that their community is very attractive and that they like where they live. She stated that the Association supports adoption of the Plan and that they will work with other communities in an effort to enhance other projects within the area. She further stated that as representative of the 360 Corridor group, the majority of those present at their past two meetings did support the proposed Plan. Mr. David Huget, President of the Scottingham/Whitestone Community Association, stated that several meetings were held regarding the parcel of land behind Home Quarters. He further stated that thirty-four homeowners unanimously voted that any use, other than residential, should not be considered as it relates to the property. He stated that through a number of letters, they went on record indicating that there should be no consideration of any change to the zoning to commercial property in the Eastern Midlothian Plan, nor should an open-end proposal be included in this plan. He expressed concerns relative to the decrease in property values in their neighborhood due to their proximity to the Arboretum, trash blown from Home Quarters, trucks passing through the neighborhood, and water run-off from Home Quarters. He stated that they are willing to work with current property owner of the vacant land behind Home Quarters to develop the property as residential. He further stated that they feel any commercial development would be more detrimental to existing property values. Mr. Warren requested that the Environmental Engineering staff address the drainage issue referred to by Mr. Huget. Ms. Cindy Taylor stated that she resides near Home Quarters and that she is a former Board member of the Scottingham/Whitestone Community Association. She further stated that their neighborhood remains extremely concerned about any further commercial development which borders their neighborhood. She stated that traffic concerns in the area are currently being addressed due to the increased traffic in the area because of increased development. She requested that the Board not allow any amendment to the Plan that would allow further commercial development behind Home Quarters. She expressed appreciation to the Board for their efforts. A citizen inquired as to whether there would be set backs or landscaping along Midlothian Turnpike in front of businesses. He stated that he feels setbacks would be an asset to the Turnpike. Mr. McHale stated that until 1987, the County had no landscaping standards and that much of the Midlothian Corridor was developed before that time. He further stated that any redevelopment or buildings that are now constructed, comply with the County's new standards, which does include setbacks, landscaping, trees in parking lots, etc. He stated that the proposed Plan and zoning ordinance amendment does not chang~ any of the landscaping standards currently in place. 98-292 4122/98 Mr. Warren expressed appreciation to County staff for their efforts regarding the Plan. He stated that the general support of citizens is an example of everyone working together. He also expressed appreciation to the Gateway Business Council for their efforts towards a strong, planned managed growth approach to protect the Eastern Midlothian corridor and at the same time enhancing the business corridor. He stated that he and Mr. Barber will be working with the Business Council and its business group to enhance the current financial support for initiatives recommended by the Plan. He acknowledged the decrease in crime in the Corridor due to the tremendous efforts of the County's Police Department. Mr. Warren then made a motion, seconded by Mr. Barber, for the Board to adopt the Eastern Midlothian Plan and proposed zoning ordinance amendment relating to uses permitted in the C-5 District in the Eastern Midlothian Turnpike Corridor. Mr. Barber stated that he is happy to have Mr. Sundberg involved in the enhancement of the Midlothian Corridor. He expressed appreciation to the Planning Commission and staff for their efforts towards the enhancement of the Corridor. He stated that the Midlothian Corridor has a very viable and vibrant business and residential community. He further stated that the Corridor represents almost ten percent of total County commercial tax base. He acknowledged the outstanding public safety efforts in this area and stated that strides are being taken in an effort to preserve the vitality of the Corridor. He stated that he is proud of what the community and County has accomplished along the Midtothian Corridor and the steps being taken at this time to adopt the Eastern Midlothian Plan and zoning ordinance amendment. Mr. Daniel referenced the Meadowbrook area and stated that even though the Meadowbrook area is small compared to Midlothian Turnpike, the heart and spirit into the process are exactly the same. He stated that this process proves what people can do if they want to work collaboratively to improve their neighborhoods. Mrs. Humphrey commended Mr. Jacobson and staff for their time and efforts into this Pla~. Mrs. Humphrey called for the vote on the motion made by Mr. Warren, seconded by Mr. Barber, for the Board to adopt the Eastern Midlothian Plan and the following ordinance: AN ORDINANCE TO AMEND THE DEVELOPMENT STANDARDS MANUAL, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-580 RELATING TO HIGHWAY CORRIDOR DISTRICT. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-580 of the Development Standards Manual, 1997, as amended, is amended and re-enacted to read as follows: 4/22/98 98-293 ARTICLE III. DEVELOPMENT REQUIREMENTS - OFFICE, COMMERCIAL AND INDUSTRIAL ooo DIVISION 2. DEVELOPMENT REQUIREMENTS - SPECIFIED AREAS o o o Sec. 19-580. Highway Corridor District. The Highway Corridor District shall include those lands identified on the zoning district map that include: (a) The Jefferson Davis Highway corridor; (b) The Route 360 corridor ; and (c) (2) The Eastern Midlothian Turnpike corridor. That this ordinance shall become effective immediately upon adoption. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-172 AND 19-173 RELATING TO PERMITTED USES BY RIGHT AND WITH CERTAIN RESTRICTIONS IN A C-5 DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-172 and 19-173 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: ARTICLE III. DISTRICTS o o o DIVISION 22. C-5 GENERAL BUSINESS DISTRICT o o o Sec. 19-172. Permitted uses by right. Within any C-5 District, no buildings, structures or premises shall be used, arranged or designed to be used, except for one or more of the following uses: (a) (b) Any per[nitted uses in the C-3 District. Any permitted uses in the I-1 District. Commercial automobile parking. 98-294 4/22/98 And, further, the Board adopted the following ordinance: (d) Mass transportation. (e) Motor vehicle sales, service, repair and rental, excluding motor vehicle consignment lots. (f) Recreational establishments, commercial--indoor. (g) Wholesale trade of any products permitted to be sold at retail in this district. In addition to the above uses, within a C-5 District, which is located outside of the boundaries of the Eastern Midlothian Turnpike Corridor, no buildings, structures or premises shall be used, arranged or designed to be used, except for one or more of the following uses: (h) Drive-In Theaters. (I) Tire recapping and vulcanizing establishments. (j) Truck terminals. (Code 1978, § 21.1-173; Ord. of 2-26-97, § 1) Sec. 19-173. Uses permitted with certain restrictions. The following uses shall be permitted in the C-5 District, subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: ooo (c) Auction sales or salvage barns, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (d) Boat sales, service, repair and rental, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (e) Building material sales yards, not including concrete mixing, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (f) Communication towers, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. Contractor's shops and storage yards, provided that is not located in the Eastern Midlothian Turnpike such use Corridor. (h) Display sheds, garages, carports and houses sales including "shell" houses sales, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. 98-295 4/22/98 (I) Freight forwarding, packing and crating services, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (j) Farm implements and machinery sales, service, rental and repair establishments, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (k) Manufactured home, mobile home, modular home and travel trailer sales, service, repair and rental, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (1) Material reclamation receiving centers--aluminum, glass, plastic and paper products only, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (m) Motels, motor courts or tourist homes, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (n) Motor vehicle storage/towing lots provided that: (1) Such use was in existence prior to November 25, 1997. A change in ownership shall not affect the right to continue such use. (2) Vehicle storage areas shall be screened from view of adjacent properties on which such uses are not permitted or do not exist, from external public roads and from A Districts that are shown on the comprehensive plan as R, R-TH, R-MF or O districts. (3) No more than 2 motor vehicles and/or pieces of machinery stored on site shall exceed the height of the screening. (o) Public garages, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (p) Public utility service buildings, including facilities for construction or repair, or for the service or storage of utility materials or equipment, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (q) Recreational establishments, commercial--outdoor, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (r) Satellite dishes, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (s) Tractor-trailer service stations, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. 98-296 4/22/98 (t) Utility trailer and truck rental, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. (Code 1978, § 21.1-174) (2) That this ordinance shall become effective immediately upon adoption. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. Warren recognized Officer Jeff Verlander, with the County's Police Department, who was present at the meeting, and stated that Officer Verlander has been very much involved in this process and expressed appreciation for his efforts. Mrs. Humphrey stated that one of the enhancement will be a new police precinct serving the Midlothian Corridor. 16 .B. TO CONSIDER AN ORDINANCE TO AMEND THE DEVELOPMEN~ STANDARDS MANUAL OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ANENDING AND REENACTING SECTION 19-507 AND ADDING SECTION 19-507.1 RELATING TO HEIGHT LIMITATIONS OF CERTAIN STRUCTURES AND NON-INTERFERENCE WITH EMERGENCY COM/~UNICATIONS SYSTEM Mr. Steve Davis stated that this date and time has been advertised for a public hearing to consider an ordinance to amend the Development Standards Manual and adding Section 19- 507.1 relating to height limitations of certain structures and non-interference with emergency communications system. No one came forward to speak in favor of or against this ordinance. Mr. Daniel excused himself from the meeting. When asked, Major Davis stated that if buildings were to be constructed within the microwave path, they would have to be developed in excess of eight feet from the tower. He further stated that if there seems to be a potential interference with the microwave path, staff would work with the developer or builder to address the issue and find a solution that would not inhibit the radio signal from working. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE DEVELOPMENT STANDARDS MANUAL OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19-507, AND ADDING SECTION 19-507.1 RELATING TO HEIGHT LIMITATIONS OF CERTAIN STRUCTURES AND NON-INTERFERENCE WITH EMERGENCY COMMUNICATIONS SYSTEM 98-297 4/22/98 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-507 of the Development Standards Manual of the Code of the County of Chesterfield, 1997, as amended, is amended and reenacted to read as follows: Sec. 19-507. Height exemptions and limitations. (a) In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace of the county lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Chesterfield County Airport. These zones are established as overlay zones, superimposed over the existing base zoning districts, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in this section. These zones are as follows: (I) "Airport zone": A horizontal zone that is centered about and above the runway, with the floor of the zone 387 feet above mean sea level. (ii) "Approach zone": A sloping zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces. The lower surface of the approach zone equals the runway end elevation. The surface of the zone slopes upward as it extends away from the runway. (iii) "Transitional zone": A sloping zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces. (iv) "Conical zone": A sloping zone that circles around the periphery of and outward from the airport zone with the floor set by the conical surface. The lower surface of the conical zone touches the airport zone at an elevation of 387 feet above mean sea level and slopes upward and outward to an elevation of 587 feet above mean sea level. (v) ~Primary zone": A generally horizontal zone that is centered about the runway. The surface of the zone is the same elevation as the elevation of the nearest point of the runway centerline. (vi) The source and the specific geometric design standards for these zones are to be found in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. Footnote: A copy of this document may be reviewed in the Chesterfield Planning Department and the office of the Director of Aviation Services. The document may be purchased from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954 or by calling the Order and Information Desk at (202) 512-1800. 98-298 4/22/98 (b) Except as otherwise provided in this ordinance, in any zone created by this ordinance no structure shall be erected, altered or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate at any point any referenced surface, also known as the floor, of any zone provided for in section (a). The county shall pay the cost of removing or trimming vegetation that is required to be removed or trimmed because it has penetrated any referenced surface. © The height restrictions or floors for the individual zones shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. (d) The permitted heights of all buildings and structures shall be limited to prevent interference with the county's emergency communications system. (e) For the purpose of subsections (a) through (d), "structure" shall mean any object, including a mobile object, constructed or created by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations, overhead transmission lines, flagpoles and ship masts, signs, billboards, church spires, belfries, cupolas, domes, heat transfer units, monuments, tanks, chimneys, flues, antennae, grain elevators and derricks. (f) Except for the height limits set forth in this section and the limitations of § 19-507.1, no other height limitation specified in the zoning ordinance shall apply to church spires, belfries, cupolas, domes, heat transfer units, tanks, monuments, water towers, chimneys, flues, flagpoles, radio or television antennas, or similar structures having an aggregate area less than twenty-five (25) percent of the ground floor building area; to the parapet walls or bulkheads extending not more than four (4) feet above the limiting height of the building; or to grain elevators, derricks or other necessary industrial, utility or public service structures; provided that no such structure shall exceed a height in any R, R-TH, R-MF, O-1 or C-1 District of 50 feet, nor, in any other district, a height of 150 feet, nor shall any such structure penetrate the floor of any of the zones noted in this section. Va. Code §§ 15.1-25.1; 15.1-491.02 (Code 1978, § 21.1-212) 98-299 4/22/98 (2) That the Development Standards Manual of the Code of the County of Chesterfield, 1997, as amended, is amended by adding Section 19-507.1 to read as follows: Sec. 19-507.1. Non-Interference with Emergency Communications System. (a) On or after (effective date), no structure 80 feet in height above ground level or taller shall be erected or located in the County, nor shall any structure be altered to such a height without submission to the County's Public Safety Review Team (including the Police Chief, or his designee; the Fire Chief, or his designee; and the Communications/Electronics Supervisor, or his designee) for their review. If no detrimental impact to the County's Radio Communications System microwave paths is anticipated, the Public Safety Review Team shall release the structure for building permit, site plan approval, land disturbance permit or otherwise, within 10 working days after it has been officially submitted for approval. If any detrimental impact is anticipated by the Public Safety Review Team, they may condition release upon agreement by the developer, owner or agent to perform an engineering study, acceptable to the Public Safety Review Team, to determine whether there will be any detrimental impact and the nature and extent of such impact. In addition, the Public Safety Review Team may impose conditions deemed necessary to prevent interference with the microwave paths, including a guarantee in a form satisfactory to the county attorney, in an amount sufficient to correct any potential detrimental impact. Upon receipt of the engineering study, the Public Safety Review Team shall review it and any other evidence available to them and, as soon as practicable, shall determine whether a detrimental impact exists. If they determine that a detrimental impact exists, the developer, owner or agent: (I) shall redesign and relocate the structure so as to eliminate the detrimental impact, in a manner approved by the Public SafetY Review Team or (ii) shall be responsible for all design, engineering, equipment and modification expenses necessary to eliminate such impact, to be conducted by a contractor approved by, and in a manner approved by, the Public Safety Review Team. In addition, the developer, owner or agent shall ensure that the County's Radio Communications System is maintained without interruption, in a manner approved by the Public Safety Review Team. (b) For the purpose of this section, "structure" shall mean any object, including a mobile object, constructed or created by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations, overhead transmission lines, flagpoles, ship masts, signs, billboards, church spires, belfries, cupolas, domes, heat transfer units, monuments, tanks, chimneys, flues, antennae, grain elevators and derricks. (c) Any person aggrieved by any of the Public Safety Review Team's decisions under this section may appeal that decision pursuant to Section 19-268. 98-300 4/22/98 (3) That this ordinance shall become effective immediately upon adoption. Ayes: Humphrey, Warren, Barber, and McHale. Absent: Daniel. Mr. Daniel returned to the meeting. 16,C. TO CONSIDER A LEASE AGREEMENT BETWEEN CHESTERFIELD COUNTY AND GTE FOR THE LEASE OF REAL PROPERTY ADJACENT TO THE COUNTY JAIL Major Stephen Davis stated that this date and time has been advertised for a public hearing to consider a lease agreement between Chesterfield County and GTE for the lease of real property adjacent to the County Jail. There being no one else to address this issue, the public hearing was closed. Mr. Gregory M. Rafferty, with GTE Mobilnet, stated that he feels this lease agreement is a good example of public/private enterprise. He expressed appreciation to everyone involved for the sucessful completion of this project. Mrs. Humphrey expressed appreciation to Mr. Rafferty for their investments in Chesterfield County. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board approved a lease agreement between Chesterfield County and GTE, in the amount of $30,000 for annual rent, for the lease of real property adjacent to the County Jail. (It is noted that GTE will receive a credit toward its rent payments equal to the cost of constructing the tower, which is estimated to be $150,000.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 16 .E. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF MID CITY ROAD WITHIN MID CITY FARMS SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of Mid City Road within Mid City Farms Subdivision. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD~ VIRGINIA, ("GRANTOR") vacates to FOREST LAKE ASSOCIATES, L.L.C., a Virginia Limited Liability Company, ("GRANTEE"), portions of Mid City Road within Mid City Farms Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court 4/22/98 98-301 of Chesterfield County in Plat Books 3 and 4, at Pages 242 and 243 and Pages 98 and 99, respectively. WHEREAS, FOREST LAKE ASSOCIATES, L.L.C., a Virginia Limited Liability Company, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of Mid City Road within Mid City Farms Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Books 3 and 4, Pages 242 and 243 and Pages 98 and 99, respectively by E. WARREN RITCHIE, dated APRIL 1913. The portions of road petitioned to be vacated is more fully described as follows: Portions of Mid City Road within Mid City Farms Subdivision, the locations of which are more fully shown on a plat made by TIMMONS, dated MARCH 30, 1998, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the portions of road sought to be vacated. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid portions of road be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portions of road hereby vacated in the property owner of the abutting lots within Mid City Farms Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOREST LAKE ASSOCIATES, L.L.C., a Virginia Limited Liability Company, or their successors in title, as GRANTEE. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-302 4/22/98 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 98SN0178 In Dale Magisterial District, DAVID M. WOODFIN requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). A single family residential subdivision with a minimum lot size of 12,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit development to a maximum of 38 lots, yielding a density of approximately 2.3 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 2.5 units per acre. This request lies on 16.4 acres lying approximately 390 feet off the north line of Jacobs Road, approximately 240 feet west of Newbys Bridge Road. GPIN 758- 683-2485 (Sheet 14). Mr. William Poole, Assistant Director of Planning, presented a summary of Case 98SN0178 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He further stated that at the time of tentative subdivision review, staff will evaluate whether it would be appropriate to provide stub roads to adjacent properties. He noted the request conforms to the Central Area Plan. Mr. Bill Adams expressed concerns relative to future access from the subject property to Newbys Bridge Road. Mr. Daniel expressed appreciation to the applicant and the leaders in the Newbys Bridge corridor for their efforts in this process and resolving necessary issues. Mr. Richard Minter, representing the applicant, stated that the recommendation is acceptable. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board approved Case 98SN0178 and accepted the following proffered conditions: The applicant, subdivider or assignee(s) shall pay the following to the County of Chesterfield prior to the time of building permit application for infrastructure improvements within the service district for the property: no $6,000.00 per lot, if paid on or prior to July 1, 1998; or m o The amount approved by the Board of Supervisors not to exceed $6819 per dwelling unit, if paid between July 1, 1998 and June 30, 1999; or The amount approved by the Board of Supervisors not to exceed $6,819.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1998, and July 1 of the fiscal year in which the payment is made if paid after June 30, 1999. In the event the cash payment is not used 4/22/98 98-303 0 for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. Public water and sewer shall be used. Except for timbering approved by the Virginia State Department of Forestry for the purposes of removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. 4. The minimum gross floor area of dwellings shall be: One Story 1,600 square feet. Two Story 1,800 square feet. Development shall be limited to a maximum of thirty-eight (38) lots. This overall average lot size shall be a minimum of 14,970 square feet. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98SN0153 (Amended) In Midlothian Magisterial District, T & N DEVELOPMENT, L. L. C. ~ DOROTHY BROWN requested rezoning and amendment of zoning district map from Residential (R-7) and Corporate Office (0-2) to Corporate Office (0-2) with Conditional Use to permit a drug store/pharmacy and banks and savings and loan associations with or without a drive-through window and to permit outside intercom systems. Office and commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 6.2 acres fronting approximately 350 feet on the north line of Robious Road, also fronting approximately 690 feet on Old Bon Air Road and located in the northwest quadrant of the intersection of these roads. GPIN 749-709-1085 and 2781 and 749-710-3129 (Sheet 8). Mr. Poole presented a summary of Case 98SN0153 and stated that the Planning Commission recommends approval, subject to one condition and acceptance of the proffered conditions and that staff had recommended denial. He stated that an addendum was received by the applicant today that would modify Proffered Condition 13, as recommended by the Planning Commission. He further stated that if the Board wishes to consider the amended proffered condition, it will have to suspend its rules at this time. He noted that the Northern Area Land Use and Transportation Plan suggests the property is appropriate for office use. 98-304 4/22/98 Ms. Gloria Frye, representing the applicant, stated that the recommendation is acceptable. She expressed appreciation to the neighbors of Bon Air Forest and Settlers Landing and the congregation at Mount Nebo Church for their efforts in working with the applicant in addressing any concerns. She also expressed appreciation to County staff, Mr. Barber, and Mr. William Shewmake, Midlothian District Planning Commissioner, for their efforts. She requested the Board suspend its rules to consider revised Proffered Condition 13. Mr. Richard Cook, a resident of Bon Air Forest, stated that originally the area communities had been opposed to the request, however, with the proposed proffers, Bon Air Forest and Settlers Landing Subdivisions are now supporting the request. He stated that he also personally supports the request. On motion of Mr. Barber, seconded by Mr. McHale, the Board suspended its rules at this time to consider the following revised proffered condition: 13. Buffers. A 75' buffer shall be provided along the northern boundary of Parcel D except where encroachments are necessary for easements running perpendicular to the buffer. A six (6) foot high fence shall be provided and maintained within the required buffer along the western boundary of Parcel B adjacent to GPIN 749-710-1111 (the "Brown parcel"), the northern boundary of Parcel D adjacent to GPIN number 749-710-4345 (the "Winston parcel"), and the western and southern boundaries of Parcel D adjacent to Bon Air Forest and GPIN 749-710-0114 and 749-710-1111. The exact treatment of this fence shall be approved at site plan review. Landscaping shall be provided on both sides of the fence. The fence and landscaping may be breached to accommodate the access easement referenced in Proffer 6 above. In addition, such fence and landscaping may be removed along the western boundary of Parcel B adjacent to GPIN 749-710-1111 if and when GPIN 749-710-1111 is no longer used for residential purposes. Plans depicting these requirements shall be submitted to the Planning Department for review and approval in conjunction with site plan submittal. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mr. Barber briefly reviewed the revised Proffered Condition and stated that the buffer is located directly across from Mount Nebo Church and extends to the eastern boundary of Bon Air Forest Subdivision. He further stated that he feels new ground has been broken in zoning requests in the County. He expressed appreciation to the citizens for their input and to Mr. Shewmake for his tremendous efforts, specifically, for suggesting that office uses be constructed simultaneously with the retail uses on the site. 98-305 4/22/98 Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to approve Case 98SN0153, subject to the following condition: The Conditional Use for a drug store/pharmacy, banks and savings and loan associates, with or without a drive- through window and public address (outside intercom) systems shall be granted for as long as Proffered Condition 4 is complied with. (CPC) And, further, conditions: the Board accepted the following proffered The application contains one exhibit described as follows: Exhibit A - Parcel plan entitled "Conceptual Site Plan Proposed CVS Pharmacy, Chesterfield County" prepared by Vanasse Hangen Brustlin, Inc. (~VHB") dated October 8, 1997. Ail references herein identified as Parcels A, B, C, or D reference the parcels identified on Exhibit A. The use, density, size, and configuration of the buildings and site features shown on Exhibit A are for reference only and non-binding except as specified below. Utilities. used. Public water and wastewater systems shall be 0 Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. Uses. The following additional uses permitted on Parcel shall be either: Drugstore/pharmacy with or without a drive-through window, or bo Banks and savings and loan associations with or without a drive-through window. The additional uses permitted on Parcel A shall be further restricted as follows: i. No outdoor sales. ii. Buildings are limited to 11,000 gross square feet. The following uses are also permitted on Parcel A and restricted as follows: 98-306 4/22/98 o c o do As accessory to permitted uses, intercom systems providing for two-way communication between a person within a building or kiosk and a pedestrian or operator of a motor vehicle and which are designed so as not to be audible to any property located in an A, R, R-TH or R-MF District; Accessory uses, not otherwise prohibited, customarily accessory and incidental to a permitted use. The following uses shall not be permitted on the Property: mo qo s o U. V. X. y. Z. Funeral homes or mortuaries. Convalescent homes, nursing homes and rest homes. Group care facilities. Propagation and cultivation of crops, flowers, trees and shrubs which are not offered for sale. Public and private forests, wildlife preserves and conservation areas. Medical clinics, provided that a substantial or significant portion of its practice is not performing abortions. Art school, gallery or museum. Hotels. Schools/colleges, public and private. Schools, business. Outdoor vending machines. The sale of alcoholic beverages. Construction of Uses. Until certificates of completion have been issued for a building on Parcel B (within 300 feet of the Property line along Robious Road) and a building on Parcel C, no use exception permitted on Parcel A shall receive a final certificate of occupancy. Further, any temporary certificate of occupancy granted to any use exception on Parcel A shall not be extended or renewed beyond six (6) months from the date of its initial issuance unless certificates of completion have been issued for the other buildings noted above. Construction of the buildings referenced above may be simultaneous. Dedications. Prior to any site plan approval or upon request by the County, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: a o Thirty-five (35) feet of right-of-way measured from the centerline along the west line of Old Bon Air Road from Robious Road to the northern Property line; b° Forty-five (45) feet of right-of-way measured from the centerline of Robious Road from Old Bon Air Road to the western Property line; and 98-307 4/22/98 o o c o Right-of-way and easements on the Property as indicated on the approved construction plans for the improvements to Robious Road (Project Number 0675-020- 144, C-503). The exact location of these rights-of-way shall be approved by the Chesterfield County Transportation Department ("CDOT"). Access. Direct access to Old Bon Air Road shall be limited to one (1) entrance/exit located towards the northern Property line. Direct access to Robious Road shall be limited to one (1) entrance/exit located towards the western Property line. The Robious Road access shall be restricted to right-turns-in and right-turns-out only. These accesses shall be as generally shown on Exhibit A; however, the exact location shall be determined by CDOT. Prior to site plan approval, a vehicular and pedestrian access easement acceptable to CDOT shall be recorded across the Property to serve the adjacent parcel [GPIN 749-710-1111 (the ~Brown parcel")]. Road Improvements. To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following except as otherwise modified by CDOT. If any of the improvements are provided by others then the specific requirement shall be deemed satisfied. a o Construction of additional pavement along Old Bon Air Road at the approved access to provide left and right turn lanes, if warranted, based on CDOT standards; Construction of additional pavement along Robious Road at the approved access to provide a right turn lane, if warranted, based on CDOT standards; C · Construction of a raised median in Robious Road to restrict the Robious Road access to right-turns-in and right-turns-out. The exact location and length of this raised median shall be approved by CDOT and VDOT; do Full cost of traffic signal modifications at the Old Bon Air Road/Robious Road intersection, if warranted; e o Construction of a sidewalk along the west side of Old Bon Air Road for the entire frontage of Parcels A, C and D. The exact location, width and material of the sidewalk shall be approved by CDOT; and f o Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above and subject to the following limitations: In the event the Developer is unable to acquire the right-of-way necessary for the road improvements as described above, the Developer may request, in 4/22/98 98-308 o o 10. 11. 12. 13. writing, the County to acquire such right-of-way as a public road improvement. Ail costs associated with the acquisition of the right-of-way shall be borne by the Developer. In the event the County chooses not to assist the Developer in acquisition of the "off-site" right-of-way, the Developer shall be relieved of the obligation to acquire the "off-site" right-of-way, and only provide the said road improvement that can be accommodated within available right-of-way as determined by CDOT. Phasing Plan. Prior to any site plan approval a phasing plan for the required road improvements, as identified in Proffer 7 above, shall be submitted to, and approved by, CDOT. Drainage. The following improvements shall be made: a o Any facilities required for water quantity or quality control located within any setbacks along public rights-of-way shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. bo If any runoff from impervious areas drains to the outfall pipe between Lots 12 and 13 of Bon Air Forest, Section A, the Developer shall clean and remove debris and trees which are located in the swale bordering the western property line of GPIN 749-710-3129 prior to connecting to such outfall pipes. Existing Structure(s). The existing structure on Parcel D shall be demolished prior to or in conjunction with the issuance of the first building permit for the Property. Hours of Operation. No use on Parcel A shall be opened to the public between 10:00 p.m. and 7:00 a.m. In addition, no loading, deliveries, regular maintenance, or servicing of solid waste storage areas shall occur on the Property between the hours of 9:00 p.m. and 7:00 a.m. No deliveries shall be permitted on Sunday. Lighting. Any freestanding lighting fixtures located on the Property shall not exceed a height of twenty (20) feet. Buffers. boundary necessary buffer. A 75' buffer shall be provided along the northern of Parcel D except where encroachments are for easements running perpendicular to the A six (6) foot high fence shall be provided and maintained within the required buffer along the western boundary of Parcel B adjacent to GPIN 749-710-1111 (the ~Brown parcel"), the northern boundary of Parcel D adjacent to GPIN number 749-710-4345 (the "Winston parcel"), and the 4/22/98 98-309 14. 15. 16. 17. Ayes: Nays: western and southern boundaries of Parcel D adjacent to Bon Air Forest and GPIN 749-710-0114 and 749-710-1111. The exact treatment of this fence shall be approved at site plan review. Landscaping shall be provided on both sides of the fence. The fence and landscaping may be breached to accommodate the access easement referenced in Proffer 6 above. In addition, such fence and landscaping may be removed along the western boundary of Parcel B adjacent to GPIN 749-710-1111 if and when GPIN 749-710-1111 is no longer used for residential purposes. Plans depicting these requirements shall be submitted to the Planning Department for review and approval in conjunction with site plan submittal. Architectural Design· Ail buildings on the Property shall be Colonial or Victorian in style and be compatible in architectural treatments, colors, and materials. Ail buildings on the Property shall be limited to one-and-a- half stories in height or 28 feet, whichever is less. Signage. Ail signage shall comply with the requirements of the Zoning Ordinance. Development Standards Waivers or variances from the signage requirements of the Zoning Ordinance shall not alter this condition. Signage shall be further restricted as follows: a o No freestanding signage, including advertisement on the project identification sign shall be permitted for the uses listed in proffer 3a. and 3b. b0 No reader-boards, window signs, or exposed neon shall be permitted on the Property. Except for the project identification sign, all other permitted freestanding signs shall meet the Village standards. NOTE: The project identification sign is limited by the Zoning Ordinance to 50 square feet and 15 feet high (as measured from the normal finished grade). do Except for the project identification sign, no freestanding sign shall be placed in any building setback required by the Zoning Ordinance. Site Plans. Site plans shall be submitted to the Planning Commission for review and approval. Severability. Except for proffer 4, the unenforceability, illegality, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. Humphrey, Warren, Barber, Daniel, and McHale. None. 98-310 4/22/98 98SN0183 In Matoaca Magisterial District, ALBEMARLE LAND CORP. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) . A single family residential subdivision with a minimum lot size of 12,000 square feet is planned. 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 1.51 to 4.0 units per acre. This request lies on 6.9 acres fronting approximately 550 feet on the north line of Brandenburg Drive, approximately 150 feet east of Frederick Farms Drive, also fronting approximately 800 feet on the west line of Stigall Drive, approximately 150 feet north of Brandenburg Drive. GPIN 743-682-Part of 2730 (Sheet 1~). Mr. Jacobson presented a summary of Case 98SN0183 and stated that staff recommends approval subject to the applicant fully addressing the impacts on capital facilities, consistent with the Board of Supervisors' adopted policy. He further stated that the Planning Commission recommend approval and acceptance of the proffered conditions. He noted the request conforms to the Northern Area Land Use and Transportation Plan. Mr. Mark Sowers, President of Albemarle Land Corporation, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 98SN0183 and accepted the following proffered conditions: With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. The applicant, subdivider, or assignee(s) shall pay the following Cash Proffer to the County of Chesterfield prior to the time of the building permit application for infrastructure improvements within the service district for the property. a. $6,000.00 per lot In the event that 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. 98-311 4/22/98 o The minimum~gross floor area for homes shall be 1200 square feet. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 18 . ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned at 10:00 p.m. until May 27, 1998 at 4:00 p.m. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Lane B. Ramsey W County Administrato~ Renny B. Humphrey Chairman 98-312 4/22/98