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09-23-1998 Minutes
BOARD OF SUPERVISORS MINUTES September 23, 1998 Supervisors 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 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr Craig Bryant, Dir., Utilities Department Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Legislative Services Ms Becky Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr Russell Harris, County Ombudsman Ms Tammy D. Haskins, 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 Steven L. Micas, County Attorney Mr Francis Pitaro, Dir., General Services Mr James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas Taylor, Dir. Block Grant Office 98-664 9/23/98 Mrs. Humphrey called the regularly scheduled meeting to order at 4:10 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the minutes of September 9, 1998, as submitted. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. COUNTY ADMINISTRATOR'S COMMENTS Mrs. Humphrey stated that she attended the Richmond Symphony concert at the new amphitheater at Pocahontas State Park on September 13, 1998 and that the Commonwealth of Virginia presented the County with a plaque commemorating the first event at the new facility. She presented the plaque to Mr. Golden and expressed appreciation to the Parks and Recreation staff for their assistance in the coordination of the event. Mr. McHale stated that he was very impressed with children being able to speak with members of the Richmond Symphony orchestra and noted that this was possible due to the concert being held at an outdoor facility rather than in a concert hall. Mr. Barber stated that there is a good relationship between the audience and the members of the orchestra in an outdoor setting and that he is pleased that more people may now be able to access the Richmond Symphony at Pocahontas State Park. Mr. Haake stated that the County has been chosen for inclusion in an international effort to identify the best election systems from around the world and compile them for use by nations desiring to institute effective elections. Ms. Curtin presented an overview of the proposed State constitutional amendments for the November 3, 1998 ballot including Amendment One, Overseas Voters, Article II, Section 1. There was brief discussion relative to the determination of residency of voters and the number of voters who would be impacted by Amendment One. Ms. Curtin continued to present an overview of the proposed State constitutional amendments including Amendment Two, Judicial Inquiry and Review Commission, Article VI, Section 10; and Amendment Three, Economic Development Areas; Governing Bodies, Article VII, Section 2. 9/23/98 98-665 Mr. Daniel stated that he does not agree with the language in proposed Amendment Three and that he will not support the Amendment. Mrs. Humphrey indicated that she also will not support Amendment Three. There was brief discussion relative to the procedure by which the County may assume debt and the input of the public. Ms. Curtin then previewed Amendment Four, Economic Growth- Sharing Agreements, Article VII, Section 10. There was a brief discussion relative to what constitutes debt. Mr. Daniel stated that he feels that Amendment Four is extremely difficult for a progressive County like Chesterfield to support and that he would like to see the Dillon Rule relaxed instead. Mr. Barber stated that the Board informed the legislators at the breakfast meeting with the General Assembly delegation, held on September 22, 1998, of their views regarding the taking away of growth management tools from local governments and then burdening them with responsibilities without the necessary tools. He further stated that relaxing the Dillon Rule would assist local governments and indicated that he feels the legislators need to acknowledge the responsibilities of local governments. Ms. Curtin then presented Amendment Five, Tax Exemptions, Article X, Section 6. There was brief discussion relative to the local option of tax exemption on merchant's capital or business license taxes. Mr. Daniel stated that he does not understand the rationale behind Amendment Five and does not believe that it will benefit the County. There was a brief discussion relative to Amendment Two and a desire to have more public input in judicial proceedings. Mr. Daniel stated that he would appreciate the Board taking a recommended position regarding the proposed constitutional amendments by adding an item to the Agenda at the evening session of the meeting that would state the Board's opposition to Amendments Three and Four of the proposed constitutional amendments. 98-666 9/2 /98 3. BOARD COMMITTEE REPORTS Mr. Warren stated that his next constituent's meeting will be held September 28, 1998 regarding the 360 Corridor; the new post office; the new library; and the new mall. Mr. Barber stated that both he and Mr. Hammer have joined the 1999 Class of Leadership Metro Richmond. He further stated that his next constituents meeting will be held October 5, 1998 regarding the Citizen Satisfaction Survey. He stated that he will be addressing the Founder's Day, at John Tyler Community College, on October 6, 1998 and is looking forward to the opening of their northern campus in September, 1999. He further stated that he will be attending the Midlothian Village Day Festival on October 17, 1998. Mr. Daniel stated that he attended a community meeting on September 21, 1998 and that a Fall Festival in the Meadowbrook/Meadowdale area will be held October 24, 1998 highlighted by the formal opening of the Police Department's office for community policing. Mr. McHale stated that his next constituent's meeting will be held October 19, 1998 regarding plans for the new Chester Library. He further stated that many questions have been raised regarding a stoplight at the new Lowe's store in Chester and that the Virginia Department of Transportation has indicated that the stoplight will be in place before the Holidays. Mrs. Humphrey stated that on September 22, 1998 she met with the Mayor of Richmond regarding expansion of bus service into Chesterfield County. She further stated that she is spending the month of September attending back-to-school nights in the Matoaca District. She expressed appreciation for the support given to Pocahontas State Park and for the Fire Department's superb response to a home that recently burned in Woodlake. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. McHale, the Board replaced Item 8.B.l.a., Resolution Supporting the Expansion Plan of the Richmond International Airport; added Item 8.B.l.d., Resolution Recognizing the Old Dominion Chapter of the National Railway Historical Society; added Item 8.B.l.e., Resolution Supporting the City of Richmond's Application to the United States Department of Housing and Urban Development for Federal Empowerment Zone Designation; added Item 8.B.14., Conveyance of Easement Agreement with Virginia Electric and Power Company for Service to the New 911 Center; added Item 8.B.15., Authorization to Apply for Grants and Transfer Funding and Grants for Dutch Gap Boat Landing and for Lake Chesdin Boat Landing; added Item 8.B.16., Transfer of Bermuda District Three Cent Road Funds to Install Landscaping in Right-of-Way of Woods Edge Road and Connecting Roads; added Item 14.C., Resolution Recognizing October 4-10, 1998 as ~Legal Assistants Week"; 98-667 9/2 /98 deleted Item 8.B.9., Authorization to Declare a Parcel of Land on Harrowgate Road Surplus Property and Offer Property for Sale; and moved Item 8.B.l.c., Resolution Recognizing the Brandermill Community for its Participation in Volunteer Activities to follow Item 5., Resolution Recognizing October 4- 10, 1998 as ~National Fire Prevention Week"; and, adopted the Agenda, as amended. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING OCTOBER 4-10, 1998 AS "NATIONAL FIRR PREVENTION WEEK" Captain Mark Nugent expressed appreciation for the support given to the Fire Department and stated that the Department works daily, with various groups, to deliver public fire safety education programs in an effort to reduce injuries, damages and deaths due to fire. He then presented each Board member with a Fire Prevention Week kit. He then introduced Chief Elswick who was present to accept the resolution. Mrs. Humphrey congratulated Chief Elswick for the Fire Department's excellence in informing residents of the necessity for fire and home safety. On motion of the Board, the following resolution was adopted: WHEREAS, smoke and poisonous gases are the leading causes of death in fires, and can kill a person long before the flames will; and WHEREAS, underestimating the power of fire, and the time it takes to escape a home after a fire ignites, could cost a life; and WHEREAS, developing a home escape plan, and practicing it at least twice a year, is critical to escaping a real fire safely; and WHEREAS, an adequate home fire escape plan includes everyone in the household knowing two ways out of each room -- having an outdoor location in front of the home where everyone will meet upon exiting and memorizing the local fire department's emergency telephone number; and WHEREAS, the 1998 Fire Prevention Week theme .... Fire Drills: The Great Escape!", emphasizes the importance of not only having a home escape plan, but practicing it regularly; and 98-668 9/23/98 WHEREAS, the fire service of Chesterfield County is dedicated to the safety of life and property from the devastating effects of fire; and WHEREAS, the members of the fire service are joined by other concerned citizens of this County, as well as businesses, schools, service clubs and other organizations in their fire safety efforts; and WHEREAS, the local efforts of the fire service are supported by the activities of organizations such as the American Burn Association; the American Red Cross; the Center for Disease Control; the Congressional Fire Services Institute; the Fire Marshals Association of North America; Fire Prevention Canada; the International Association of Arson Investigators; the International Association of Fire Chiefs; the International Association of Firefighters; the National Association of Hispanic Firefighters; the National Association of State Fire Marshals; the National Fire Protection Association; the National Safe Kids Campaign; the National Volunteer Fire Council; and the United States Fire Administration. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of October 4-10, 1998, as "Fire Prevention Week" and that this week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless and destroyed more than 17,400 buildings. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors calls upon the people of Chesterfield County to participate in fire prevention activities at home, work and school and to execute ~The Great Escape" to ensure their safety and the safety of their families in the event of a fire. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the resolution to Chief Elswick, accompanied by Captain Nugent, and expressed appreciation for the Fire Department's efforts in fire prevention. Chief Elswick invited the Board and the public to attend open house at the fire and rescue stations on October 11, 1998 held as a conclusion to National Fire Prevention Week. Mr. McHale urged the Board to congratulate Firefighter Alonzo Dodson for his work as a mentor for an elementary school student. 5.B. RECOGNIZING THE BRANDERMILL COMMUNITY FOR ITS PARTICIPATION IN VOLUNTEER ACTIVITIES Mr. Warren introduced Mr. Mike Divita, Community Manager of Brandermill Community Association, who was present to accept the resolution. 98-669 9/23/98 On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County prides itself on being a "First Choice Community"; and WHEREAS, our community is an exceptional place to live because of the many dedicated citizens who give unselfishly and tirelessly of their time and talents to the community; and WHEREAS, the Brandermitl Community is a vibrant neighborhood that has exemplified a spirit of voluntarism that has strengthened not only Brandermill, but all of Chesterfield County; and WHEREAS, so far this year, more than one hundred and eighty Brandermill residents have volunteered to serve on standing committees and/or to help with other initiatives including the Field of Dreams sports facility, the Joy Brown Memorial Gardens at Swift Creek Middle School, and promoting water quality standards for the Swift Creek Reservoir; and WHEREAS, these volunteer activities have also included sports fields, beautification projects, educational programs, architectural standards, and many other contributions that benefit the community and the County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its appreciation to the Brandermill Community and commends its spirit of voluntarism and civic service. 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: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mr. Warren presented the resolution to Mr. Divita and expressed appreciation to the Brandermill Community Association and the residents of Brandermill for their volunteer efforts in the County. Mr. Divita expressed appreciation for the recognition, on behalf of the Brandermill Community Association, its residents, and businesses. He stated that the Association will be celebrating their 25th Anniversary next year -- the same time as the County celebrates its 250th Anniversary, and that he would like to see some joint ventures done in celebration of the two Anniversaries. 98-670 9/23/98 6. WORK SESSIONS O WELFARE REFORM UPDATE Mr. Hammer introduced Ms. Snead who presented an overview on the implementation of Welfare Reform including a status report; Virginia's Initiative for Employment Not Welfare (VIEW) work activity; VIEW information relating to participants in community work experience and number of customers sanctioned or terminated; VIEW initiatives (Great Partnership through July 1998); and Transportation Initiative (C-Van). There was brief discussion regarding placement within the Great Partnership. Ms. Snead continued to present an overview on the implementation of Welfare Reform including Local Initiatives; Winning Independence through Nurturance, Guidance and Support (WINGS) Program; and Job Club. She then shared some success stories regarding Welfare Reform and reviewed future issues including transportation and job retention/wages. There was a brief discussion relative to minimum wage and the average wage of members of the Job Club and the issue of transportation and the future of the C-Van program. She then reviewed the future welfare-to-work funding program and stated that the vision of the Chesterfield-Colonial Heights Department of Social Services is to be the leader in innovative social services. Ms. Humphrey requested that a copy of the Welfare Reform Report be submitted to Senator Stephen Martin. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Daniel, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Youth Services Citizen Board; Committee on the Future; and the Appomattox Basin Industrial Development Corporation. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-671 9/23/98 8.A.1. YOUTH SERVICES CITIZEN BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Ms. Shelby Porter, adult member representing the Bermuda District, and Ms. Morgan Carter, youth member representing the Matoaca District, to serve on the Youth Services Citizen Board, whose terms will be effective immediately and will expire June 30, 2001. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A,2. COMMITTEE ON THE FUTURE On motion of Mr. Daniel, seconded by Mr. McHale, the Board deferred consideration of one member, representing the Dale District, to the Committee on the Future until October 14, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.A.3. APPOMATTOX BASIN INDUSTRIAL DEVELOPMENT CORPORATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. J. L. McHale, III; Mr. Jim Daniels; and Mr. Gary Thomson to serve on the Appomattox Basin Industrial Development Corporation, whose terms will be effective October 1, 1998 and will expire September 30, 1999. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. SUPPORTING THE EXPANSION PLAN OF THE RICPIMOND INTERNATIONAL AIRPORT On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the Capital Regional Airport Commission (CRAC), which operates Richmond International Airport (RIC), is leading RIC through an era of unprecedented growth and expansion: * Since 1985, annual passenger traffic through RIC has grown from 1.5 million to 2.4 million, or a 60% increase. * Since 1985, annual cargo handled has grown from 29 million pounds to 147 million pounds, or a 406% increase. * By 2010, just 12 years away, annual passenger traffic is 9/23/98 98-672 projected to grow to 4.9 million and annual cargo handled will grow to 467.5 million pounds; and WHEREAS, CRAC has managed to meet past growth with capital improvements financed through internally generated funds: * Over the past six years (1992-98), CRAC successfully planned, designed, financed and constructed $120 million in capital improvements, using only internal and limited standard external funding sources, and no funds supplemental to these sources were requested or received from local, state or federal governments. * Examples of the improvements CRAC has achieved over the past six years include the two new multideck parking garages in front of the terminal, expansion of the passenger concourses, and construction of new taxiways and cargo ramps; and WHEREAS, a recent federal government study found that Richmond had the highest airfares of any city in the United States, and RIC needs new facilities to attract more air carriers and more flights, thus improving service and lowering airfares; and WHEREAS, RIC's high airfares are an obstacle to future economic growth in the Central Virginia region and local economic development officials say that one of the first things corporate relocation prospects ask about is air service and business-class airfares. Unfortunately RIC usually comes out worse than our region's competitors on this score; and WHEREAS, to become an economic development asset to Central Virginia, RIC must undertake a comprehensive capital improvements program over the next seven years totaling $291 million. While all the projects in the overall plan are essential, including plans for a connector between Airport Drive and Route 895, a new cargo ramp and a parallel runway, CRAC has prioritized its capital needs to focus on several desperately-needed projects that could pay benefits immediately by providing the facilities that are necessary to improve service, attract additional flights and therefore lower fares. These projects are: * Additional passenger gates to provide facilities necessary to attract additional flights and airlines. Cost: $25.5 million. * Extend longest runway by 1,400 feet to enable fully- loaded cargo jets to land and take off. Cost: $28.5 million. * Double-decking and expansion of passenger terminal to expand ticketing and baggage-handling facilities and arrive/depart roadways. First-phase cost: $50.5 million; and WHEREAS, the total cost of these immediate capital needs is $104.5 million, and there is anticipated funding from CRAC's 98-673 9/23/98 own revenues and other conventional state and federal sources over the next two years of $79 million, leaving a shortfall for which assistance is needed of $25.5 million. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby: (i) express strong support for the expansion plan of Richmond International Airport, including specifically the capital projects listed above, and (ii) urge the Governor, General Assembly, and all other appropriate parties to support the request of Richmond International Airport for the necessary assistance to make possible the terminal expansion, additional passenger gates and runway extension, and (iii) urge Virginia's members of the U.S. House of Representatives and U.S. Senate to do everything possible to assist Richmond International Airport in receiving all available federal funds for its expansion projects. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .B.l.b. SUPPORTING THE INSTALLATION OF SPEED HUMPS ON LARKSPUR ROAD On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation has adopted a residential traffic management program which includes a residential traffic calming pilot program; and WHEREAS, the traffic calming program is designed to address speeding in residential areas; and WHEREAS, residents of Larkspur Road have presented the County with a petition requesting the installation of speed humps on Larkspur Road. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors supports the installation of speed humps on Larkspur Road by Virginia Department of Transportation with the understanding that the humps will be removed if they create a significant diversion of traffic to other residential streets in the area and that the humps will be paid for from appropriate Virginia Department of Transportation funds. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-674 9/23/98 8.B.l.d. RECOGNIZING THE OLD DOMINION CHAPTER OF THE NATIONAL RAILWAY HISTORICAL SOCIETY On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the railway system that grew to connect the widely-dispersed cities and towns across America with each other starting in the early nineteenth century has contributed significantly to the growth and prosperity of our nation; and WHEREAS, the Midlothian to Manchester Railroad was the first in Virginia; and WHEREAS, Chesterfield County was therefore the birthplace of the railways in the Commonwealth; and WHEREAS, Chesterfield County recognizes the historic and ongoing significance of the railways to the region and the Commonwealth; and WHEREAS, the members of the Old Dominion Chapter of the National Railway Historical Society are celebrating the Society's fiftieth anniversary this month; and WHEREAS, it is appropriate to formally recognize such an important historic event. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its congratulations and best wishes to the Old Dominion Chapter of the National Railway Historical Society and wishes its members continued success. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B.l.e. SUPPORTING THE CITY OF RICHMOND'S APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FEDERAL EMPOWERMENT ZONE DESIGNATION On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the County of Chesterfield in continuing partnership with the City of Richmond wishes to make a positive contribution toward regional economic development strategies in the Richmond Metropolitan Area; and WHEREAS, a number of regional initiatives are underway, including expansion of the Richmond Centre, but further success is dependent on mobilization of additional federal, state and local resources to accomplish a regional vision; and WHEREAS, the City of Richmond intends to submit a Round II Empowerment Zone (EZ) application to the United States Department of Housing and Urban Development (HUD) in order to 9/23/98 98-675 stimulate economic and human development in distressed, inner- city areas meeting certain poverty criteria; and WHEREAS, a total of fifteen communities nationwide will be awarded EZ designation under the Round II competition, with benefits including $100 million in grant funds, special tax and business incentives, and enhanced access and preference on federal programs; and WHEREAS, the City of Richmond contains the greatest number and concentration of poverty-eligible census tracts within the Commonwealth of Virginia, thereby representing an area of major need within the Mid-Atlantic Region; and WHEREAS, the County of Chesterfield wishes to partner with the City in economic growth and development, linked communication systems, new technologies, and other cooperative ventures that will contribute to the region's vitality. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby declare its support for the City of Richmond's application for Federal Empowerment Zone Designation and authorizes the County Administrator to communicate the County's support for this effort. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,B.2. AUT~0RIZATION FOR POLICE DEPARTMENT TO APPLY FOR A FEDERAL GRANT TO PROVIDE FUNDING FOR TEE CREATION OF A VIDEO ON GUN VIOLENCE On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Police Department to apply for a one year Department of Criminal Justice Services grant, in the amount of $35,000, to fund the creation of a video on gun violence to-be used in the School Resource Officers' violence prevention curriculum, and appropriated the necessary funds when approved. (It is noted that the grant portion is $26,250 and the local cash match is $8,750.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .B.3. AWARD QF CONTRACT TO H.E. SARGENT, INCORPORATED FOR T~E WOOLRIDGE ROAD EXTENDED PROJECT AND APPROPRIATION OF FUNDS On motion of Mr. McHale, seconded by Mr. Daniel, the Board awarded a $3,878,000 construction contract for the Woolridge Road Extended Project to H.E. Sargent, Incorporated; appropriated $134,000 in anticipated developer contributions; 98-676 9/23/98 and appropriated $48,000 in anticipated Virginia Department of Transportation reimbursement. (It is noted that a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .B.4. SET DATES FOR PUBLIC HEARINGS 8 .B.4 .a. TO CONSIDER AMENDMENTS TO THE FB0 SERVICES AND LEASK AGREEMENT WITH DOMINION AVIATION SERVICES, INCORPORATED On motion of Mr. McHale, seconded by Mr. Daniel, the Board set the date of October 14, 1998 at 7:00 p.m. for a public hearing to consider amendments to the Fixed Base Operator (FBO) Services and Lease Agreement with Dominion Aviation Services, Incorporated. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B.4.b. TO CONSIDER AMENDMENTS TO A LAND LEASE TO DOMINION AVIATION SERVICES, INCORPORATED On motion of Mr. McHale, seconded by Mr. Daniel, the Board set the date of October 14, 1998 at 7:00 p.m. for a public hearing to consider amendments to a land lease to Dominion Aviation Services, Incorporated. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B.4.c. TO CONSIDER CODE AMENDMENTS RELATING TO REGULATION OF CERTAIN PROFESSIONS On motion of Mr. McHale, seconded by Mr. Daniel, the Board set the date of October 28, 1998 at 7:00 p.m. for a public hearing to consider code amendments relating to regulation of certain professions. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B,5. AUTHORIZATION FOR COUNTYADMINISTRATOR TO ENTER INT0 A SPECIAL PROJECT AGREEMENT WIT~ THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY FOR REGIONAL PLASTICS RECYCLING DROP OFF SERVICE On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the County Administrator to enter into a Special Service Project Agreement with the Central Virginia Waste Management Authority for regional plastics recycling drop off 9/23/98 98-677 service. (It is noted that funds for this program are available in the recycling fund.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .B,6. AUTHORIZATION FOR SPRINT PCS TO APPLY FOR SUBSTANTIAL ACCORD AND A CONDITIONAL USE FOR COMMUNICATIONS ANTENNA TO BE INSTALLED ON THE ROBIOUS WATER TANK On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized Sprint PCS to apply for substantial accord and a conditional use and variances for height and setbacks or a conditional use planned development with height and setback exceptions for a communications antenna to be installed on the Robious Water Tank. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .B.7. 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 Old Coach Hills, Section D, Amended, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Old Coach Hills, Section D, Amended, Dale 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. Daniel, it is resolved that the road in Old Coach Hills, Section D, Amended, Dale 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: Tandem Drive Length: 0.02 mile From: Existing Tandem Drive, State Route 2302, 0.08 mile northwest of Jessup Road, State Route 2301 98-678 9/23/98 To: Cul-de-sac, 0.10 mile northwest of Jessup Road, State Route 2301 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 section of Old Coach Hills, is recorded as follows: Section D, Amended, Plat Book 99, Pages 96 and 97, August 24, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B.8. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT WATER EASEMENT ACROSS PROPERTY OF H & B ASSOCIATES, INCORPORATED On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen foot water easement across property of H & B Associates, Incorporated. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B.10. REQUEST FOR PERMISSION FROM JOYCE D. WILLIAMS TO HAVE AN EXISTING CABLE AND FENCE ENCROACH WITHIN AN UNIMPROVED COUNTY RIGHT-OF-WAY KNOWN AS QUINNFORD BOULEVARD On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved a request from Joyce D. Williams to have an existing cable and fence encroach within an unimproved County right of way known as Quinnford Boulevard. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B.11. ACCEPTANCES OF PARCELS OF LAND 8.B.11.a. ALONG THE NORTH LINE OF JESSUP ROAD FROM MEDALLION HOMES OF VIRGINIA, INCORPORATED On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of two parcels of land -- one parcel containing 0.155 acres and one parcel containing 0.11 acres, 98-679 9/23/98 along the north right of way line of Jessup Road (State Route 643) from Medallion Homes of Virginia, Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B,11.b. WITHIN COMMONWEALTH CENTRE FROM WACHOVIA BANK, N,A., TRUSTEE On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of two parcels of land containing 2.5456 acres within Commonwealth Centre from Wachovia Bank, N.A., Trustee, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B.11.c. EXTENDING WEST FROM THE WESTERN TERMINUS OF KOGER CENTER BOULEVARD TO THE EASTERN TERMINUS OF WEST KOGER CENTER BOULEVARD FROM WOODLANDS ASSOCIATES On motion of Mr. McHale, seconded by Mr. Daniel, the Board accepted the conveyance of two parcels of land containing 1.588 acres extending west from the western terminus of Koger Center Boulevard (State Route 849) to the eastern terminus of West Koger Center Boulevard (State Route 727) from Woodlands Associates and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8 .B.12. APPROVAL OF REQUEST TO AID SAVAGE AND LENNON, INCORPORATED IN THE ACQUISITION OF SEWER EASEMENTS FOR HARROWGATE PLACE SUBDIVISION On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved a request from Savage and Lennon, Incorporated for the Right of Way staff to aid in the acquisition of sewer easements to serve Harrowgate Place Subdivision, subject to the execution of a contract agreeing to pay for all costs of the acquisition. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-680 9/23/98 8.B.13. TRANSFER OF MIDLOTHIANDISTRICT THREE CENT ROAD FUNDS TO PROVIDE SERVICES AND FACILITIES FOR TH~ VILLAGE OF MIDLOTHIAN DAY FESTIVAL On motion of Mr. McHale, seconded by Mr. Daniel, the Board transferred $1,000 from the Midlothian District Three Cent Road Fund to the Police Department for police services at the Village of Midlothian Day Festival and transferred $500 from the Midlothian District Three Cent Road Fund to the School Board for rental of school space for the Village of Midlothian Day Festival. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8,B.14. CONVEYANCE OF AN EASEMENT AGREEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR SERVICE TO THE NEW 911 CENTER On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for service to the new 911 center. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 8.B.15, AUTHORIZATION TO APPLY FOR GRANTS AND TRANSFER FUNDING ANDGRANTS FOR DUTCH GAP BOAT LANDING AND FOR LAKE CHESDIN BOAT LANDING On motion of Mr. McHale, seconded by Mr. Daniel, the Board authorized the Parks and Recreation Department to apply for approximately $750,000 in grant funding from the Virginia Department of Game and Inland Fisheries for reconstruction and expansion of the Dutch Gap Boat Landing and for approximately $100,000 in grant funding for a fishing pier and light boat launch facilities at Lake Chesdin; authorized the County Administrator to request that the Virginia Department of Game and Inland Fisheries consider transferring the "Cooperative Agreement" for construction of a power boat landing at Lake Chesdin Park to the Dutch Gap proposed project; and amended the Capital Improvement Program to reallocate future anticipated funding from the Lake Chesdin Boat Ramp to the Dutch Gap Boat Landing project. (It is noted that both grants may require a local match.) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-681 9/23/98 8,B.16. TRANSFER OF BERMUDA DISTRICT THREE CENT ROAD FUNDS FOR INSTALLATION OF LANDSCAPING IN RIGHT-OF-WAY OF WOODS EDGE ROAD A/qD CONNECTING ROADS On motion of Mr. McHale, seconded by Mr. Daniel, the Board transferred $2,500 from the Bermuda District Three Cent Road Fund to the Transportation Department for installation of landscaping in the right-of-way of Woods Edge Road and connecting roads. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 9- HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the following reports: A status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; Lease Purchases; and a report on Developer Water and Sewer Contracts. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH ANTLER RIDGE, SECTION 10 - (Effective 8/21/98) Route 4971 (Ferdinand Lane) - From 0.18 Mile Northwest Route 4901 to Route 4901 0.18 Mi Route 4972 (Seattle Slew Lane) From Route 4971 to 0.05 Mile Northeast Route 4971 O.O5 Mi Route 4901 (Whirlaway Drive) - From 0.05 Mile East Route 4990 to 0.12 Mile Northeast Route 4990 0.O7 Mi BROOKSTONE, SECTION A - (Effective 8/17/98) Route 4142 (Arborcraft Drive) from Route 4124 to 0.07 Mile Southeast Route 4124 0.07 Mi Route 4144 (Derby Ridge Court) from 0.04 Mile Southwest Route 4124 to Route 4124 O.O4 Mi Route 4125 (Derby Ridge Loop) from Route 4124 West to Route 4124 East 0.21 Mi Route 4124 (Derby Ridge Way) from Chesterfield/ Powhatan County Line to Route 711 0.33 Mi 98-682 9/23/98 Route 4143 (Fox Hurst Drive) from 0.04 Mile South Route 4124 to Route 4124 CHATHAM GROVE AT FERNBROOK (Effective 8/12/98) Route 4096 (Cane Mill Lane) from 0.25 Mile West Route 3245 to Route 3245 Route 4099 (Double Tree Lane) from 0.09 Mile Southwest 4096 to Route 4096 Route 4094 (Land Grant Drive) from 0.10 Mile South Route 3245 to Route 3245 Route 4097 (Locksley Lane) from 0.09 Mile Southeast Route 4096 to Route 4096 Route 4098 (Locksley Place) from 0.04 Mile West Route 4097 to Route 4097 MEADOWBROOK SPRINGS (Effective 8/28/98) Route 2117 (Gilling Road) from 0.13 Mile West Route 2118 to 0.05 Mile West Route 2118 MICHAUX CREEK, SECTION E (Effective 8/14/98) Route 982 (Michaux Crossing' Lane) from 0.14 Mile Southeast Route 976 to Route 976 Route 987 (Michaux Run Court) from 0.10 Mile Southeast Route 983 to Route 983 Route 983 (Michaux Wood Way) from Route 982 to 0.14 Mile East Route 982 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 0. O4 Mi 0.25 Mi 0.09 Mi 0.10 Mi 0.09 Mi O. 04 Mi 0.08 Mi 0.14 Mi 0.10 Mi O. 14 Mi 11, DINNER On motion of Mr. McHale, seconded by Mr. Daniel, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey recognized approximately eight people from the Matoaca area present at the meeting in regards to the Lake Chesdin Boat Ramp project. Reconvening: 98-683 9/23/98 12. INVOCATION Reverend Carl Cosslett, Pastor of Trinity United Methodist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF T~R UNITED STATES OF AMERICA Mr. Daniel Simms, Troop 835, led the Pledge of Allegiance to the Flag of the United States of America. On motion of Mr. McHale, seconded by Mr. Warren, the Board suspended its rules to add Item 14.D., Resolution in Opposition to Certain Proposed Constitutional Amendments, to follow Item 14.C., to the Agenda. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 14, RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING MR. DA/~IEL SIMMS, TROOP 835, UPON ATTAINING ~ OF EAGLE SCOUT 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. Daniel Simms, Troop 835, sponsored by Hopewell 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 WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Daniel 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. Daniel Simms and acknowledges the good fortune of the 98-684 9/23/98 County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Simms, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Simms expressed appreciation to the Board for the recognition and also expressed appreciation to his scoutmaster, members of his troop, and to his parents for their support. 14 .B. RECOGNIZING OCTOBER 8, 1998 AS "CHRISTMAS MOTHER DAY" Mr. Hammer introduced Ms. Patricia Revere, Christmas Mother for 1998, who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many children, elderly and less fortunate, who do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield/Colonial Heights Christmas Committee has successfully provided food, gifts, and clothing to many of our citizens in the past; and WHEREAS, Ms. Patricia B. Revere has been elected Christmas Mother for 1998 and requests support of all the citizens of the County to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 8, 1998 as ~Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors publicly commends the Christmas Committee for their very successful efforts in past years and extends best wishes for a successful 1998 season. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Revere and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98-685 9/23/98 Mrs. Humphrey presented the resolution and a contribution to the Christmas Mother Program to Ms. Revere and wished her well in her endeavors as Christmas Mother. Ms. Revere expressed appreciation to the Board for their support of the Chesterfield/Colonial Heights Christmas Mother Program and stated that last year the program helped over 4,400 individuals. She read a note from a recipient of the program and invited the Board to visit the Christmas Center and to attend the Christmas Mother Tea on October 8 at Magnolia Grange. 14 .C. RESOLUTION RECOGNIZING OCTOBER 4-10, 1998 AS "LEGAL ASSISTANTS WEEK" Mr. Hammer introduced Ms. Ann Knobbe, a member of the Richmond Association of Legal Assistants Board of Directors. On motion of the Board, the following resolution was adopted: WHEREAS, the legal assistant or paralegal is a trained professional who is dedicated to providing high quality, proficient assistance to attorneys, the courts, and the public in the private and public sector; and WHEREAS, legal assistant work is a growing and increasingly important professional to the Virginia legal community; and WHEREAS, legal assistants and paralegals perform a wide variety of tasks including preparing of briefs and memoranda, document production and organization, factual and legal research, assistance with depositions, interrogatories and answers, and assistance at trials and hearings; and WHEREAS, six professional legal assistant organizations make up the Virginia Alliance of Legal Assistants Associations including the National Capital Area Paralegal Association; Peninsula Legal Assistants, Incorporated; Richmond Association of Legal Assistants; Roanoke Valley Paralegal Association; Shenandoah Valley Paralegal Association; and Tidewater Association of Legal Assistants. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 4-10, 1998 as ~Legal Assistants Week" in Chesterfield County and calls this observance to the attention of all its citizens. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Mrs. Humphrey presented the resolution to Ms. Ann Knobbe, member of the Board of Directors for the Richmond Association of Legal Assistants, and acknowledged the accomplishments of all legal assistants. 98-686 9/23/98 14 .D. ADOPTION OF RESOLUTION OPPOSING CERTAIN PROPOSED CONSTITUTIONAL AMENDMENTS On motion of Mr. Daniel, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the voters of Virginia will be asked on November 3, 1998 to consider five amendments to the Constitution of Virginia; WHEREAS, citizens have expressed concern about the implications of these proposed amendments to members of the Board of Supervisors; WHEREAS, the Chesterfield Board of Supervisors believes that the relaxation of the Dillon Rule by the Virginia General Assembly would accomplish the purpose intended by these proposed changes; WHEREAS, the Chesterfield Board of Supervisors is concerned about the potential impact on County debt ratings of questions three dealing with economic development areas and governing bodies; and question four dealing with economic growth sharing agreements; WHEREAS, the Chesterfield Board of Supervisors believes progressive counties with strong financial policies do not need the additional authority contained in questions three and four on the November 3, 1998 ballot; NOW, THEREFORE BE IT RESOLVED, that the Chesterfield Board of Supervisors be on record in opposition to questions three and four of the proposed Constitutional amendments on November 3, 1998. 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: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS- CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/0R THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 98SN0157 In Clover Hill Magisterial District, RUDOLPH CONSTRUCTION CO. requests rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12). 98-687 9/23/98 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 Mr. Warren has requested a deferral to allow the applicant time to resolve issues. There was no opposition present to the deferral. On motion of Mr. Warren, seconded by Mr. Barber, the Board deferred Case 98SN0157 until November 24, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0243 (Amended) In Midlothian Magisterial District, MSO, INC. requests amendment to Conditional Use Planned Developments (Cases 83S188 and 87S009) to allow Community Business (C-3) uses and amendment of zoning district map. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial and office use. This request lies on 4.3 acres fronting approximately 420 feet on the east line of Courthouse Road, approximately 300 feet on Branchway Road and located approximately 100 feet north of International Drive. Tax ID 741-708-Part of 1820 (Sheets 7 and 8). Mr. Jacobson presented a summary of Case 98SN0243 and stated that Mr. Barber has requested a deferral to allow time to further discuss the proposal. Ms. Kendra Madison, representing the applicant, stated that the recommendation for deferral is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. Warren, the Board deferred Case 98SN0243 until October 28, 1998. Ayes: Humphrey, Warren, Barber, McHale, and Daniel. Nays: None. 98-688 9/23/98 98SN0268 (Amended) In Bermuda Magisterial District, THE CHESTERFIELD COUNTY PLANNING COMMISSION requests amendment to a rezoning (Case 88SN0165) and amendment of zoning district map to delete conditions relative to a buffer and security fence. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies in a Residential (R-12) District on 1.4 acres fronting approximately 100 feet on the south line of Happy Hill Road, approximately 1,800 feet east of Branders Bridge Road. Tax ID 786-645-Part of 2464 (Sheet 41). Mr. Jacobson presented a summary of Case 98SN0268 and stated that Planning Commission and staff recommend approval. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 98SN0268. Ayes: Humphrey, Warren, Barber, McHale, and Daniel. Nays: None. 98SN0271 In Matoaca Magisterial District, THE CHESTERFIELD COUNTY PLANNING COMMISSION requests amendment to a previously granted rezoning (Case 89SN0287) to delete a requirement for the dedication of land. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acres lots, suited to R-88 zoning. This request lies in a Residential (R-12) District on 286.2 acres fronting in two (2) places for a total of approximately 600 feet on the east line of Bailey Bridge Road, also fronting the north and south lines of Battlecreek Drive and located at the intersection of these roads, the northern terminus of Hillcreek Drive, and the eastern terminus of Battlecreek Drive. Tax ID 736-670-6899; 739-671-2213; 739-699-0111; and 740-668- 0249 (Sheet 20). Mr. Jacobson presented a summary of Case 98SN027t and stated that the Planning Commission and staff recommend approval and acceptance of one proffered condition. Due to someone being present to speak to the request, the request was placed in its normal sequence on the Agenda. 98-689 9/23/98 98SN0279 (Amended) In Bermuda Magisterial District, WAYNE FUNK requests rezoning and amendment of zoning district map from Agricultural (A) and 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 commercial/industrial corridor use. This request lies on 10.9 acres fronting approximately 1,700 feet on the west line of Jefferson Davis Highway, approximately 2,950 feet south of Forest Lake Road. Tax ID 800-644-3883 and 800-645-Part of 0150 (Sheet 41). Mr. Jacobson presented a summary of Case 98SN0279 and stated that Planning Commission and staff recommends approval and acceptance of the proffered conditions. He noted that the request conforms to the Southern and Western Area Plan. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable and clarified that the proffered condition relating to transportation standards indicates that should the use be as limited as the proposed mini-warehouse that is currently planned, there will not be a requirement for the full lane widening and extension. Mr. McCracken confirmed Mr. Scherzer's statement. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 98SN0279 and accepted the following proffered conditions: In the C-5 community business tract the following allowable uses shall not be permitted: so Tire recapping and vulcanizing establishments. o Prior to any site plan approval, sixty (60) feet of right of way on the west side of Route 1/301, measured from the centerline of that part of Route 1/301 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. o Direct access to Route 1/301 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. o To provide an adequate roadway system, the developer shall be responsible for the following: so Construction of an additional lane of pavement along the southbound lanes of Route 1/301 for the entire property frontage based on Transportation Department standards; 98-690 9/23/98 b o Construction of additional pavement along the southbound lanes of Route 1/301 at the approved access to provide a separate right turn lane, based on Transportation Department standards; and Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified above. Prior to any site plan approval, a phasing plan for required road improvements, as identified in Proffered Condition 4 shall be submitted to and approved by the Transportation Department. Ayes: Humphrey, Warren, Barber, McHale, and Daniel. Nays: None. 98SN0280 In Matoaca Magisterial District, SPRINT PCS requests Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in an Agricultural (A) District. A 405 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on t.2 acres fronting approximately 25 feet on the east line of Dry Bridge Road, approximately 1,550 feet south of Midtothian Turnpike. Tax ID 713-708-Part of 4365 (Sheets 5 and 6). Mr. Jacobson presented a summary of Case 98SN0280 and stated that the Planning Commission and staff recommends approval subject to conditions. He noted that the proposed tower site conforms to the siting criteria of the Public Facilities Plan. Mr. Chuck Rothenberg, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 98SN0280 subject to the following conditions: The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) o In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval 9/23/98 98-691 o o o shall be submitted to the Planning Department prior to the release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. The tower shall not be lighted unless lighting is required by FAA. If lighted, tower lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall 9/23/98 98-692 dismantle and remove the tower and all associated equipment from the property. (P) 0 In conjunction with'the approval of this request, a 255 foot exception to the 150 foot height limitation for communications towers in Agricultural (A) Districts shall be granted. (P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0284 In Matoaca Magisterial District, RCTC W~OLESALE CORPORATION BY 360° COMMUNICATIONS COMPAI~Y requests Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in an Agricultural (A) District. A 199 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies on 2.15 acres fronting approximately 50 feet on the south line of Woodpecker Road, approximately 3,800 feet west of Nash Road. Tax ID 754-643-Part of 8351; 754-645- Part of 8859; and 755-645-Part of 0730 (Sheet 39). Mr. Jacobson presented a summary of Case 98SN0284 and stated that the Planning Commission and staff recommends approval subject to conditions. He noted that the proposed request conforms to the Board's locational and siting policy for communications towers. Ms. Heidi Parker, representing the applicant, stated that the recommendation is acceptable. There was brief discussion relative to the tower being located in the vicinity of an orchid farm. Due to someone being present to speak to the request, the request was placed in its normal sequence on the Agenda. 98SN0288 In Dale Magisterial District, TRITON PCS, INC. requests Conditional Use and amendment of zoning district map to permit a communications tower. A 140 foot communications tower incorporated into an existing Virginia Power electrical transmission structure is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.00 to 2.5 units per acre. This request lies in an Agricultural (A) District on 3.2 acres fronting approximately 440 feet on the west line of Salem Church Road, approximately 100 feet south of Sir Sagamore Drive. Tax ID 778-671-2430 (Sheet 22). 98-693 9/23/98 Mr. Jacobson presented a summary of Case 98SN0288 and stated that the Planning Commission and staff recommends approval subject to conditions. He noted that the proposed request conforms to the Board's siting policy for communications towers. Mr. Ed Kidd, representing the applicant, stated that the recommendation is acceptable. There was no opposition present· On motion of Mr. Daniel, seconded by Mr. McHale, the Board approved Case 98SN0288, subject to the following conditions: There shall be no signs permitted to identify this use. <P) o In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. The tower shall not be lighted. (P) 98-694 9/23/98 Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and © and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or ground-mounted equipment cabinets.) At such time that the tower ceases to be used for com- munications purposes for a period existing twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0290 In Clover Hill Magisterial District, BRANDERMILL DEVELOPMENT COMPANY LTD. PARTNERSHIP AND SMITH/PACKETT MED-COM, INC. request amendment to Conditional Use Planned Development (Case 85S002) and amendment of zoning district map to permit nursing home, convalescent home and rest home uses. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies in a Corporate Office (0-2) District on 4.1 acres lying at a point on the north line of Harbour Pointe Parkway, approximately 300 feet north of Hull Street Road and located in the northeast quadrant of the intersection of Harbour Pointe Parkway and Harbour Lane. Tax ID 729-675-Part of 6803 (Sheet 20) . Mr. Jacobson presented a summary of Case 98SN0290 and stated that the Planning Commission and staff recommends approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Mr. Oliver Rudy, Esquire, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. Mr. Warren commended the applicant and area neighbors for their efforts towards this request. 98-695 9/23/98 On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved Case 98SN0290 and accepted the following proffered conditions: In addition to the uses permitted by Case No. 85S002, nursing, convalescent and rest homes shall be permitted. There shall be no facility which accommodates substance abuse treatment. Any nursing, convalescent and rest home use shall be located in a single building having a maximum gross floor area of 58,000 square feet. If a nursing, convalescent or rest home is constructed on the property, no other buildings shall be permitted. NOTE: This condition is in addition to Statement for Case No. 85S002, Exhibit B, the request property only. the Textual Part A, for Prior to site plan or architectural plan approval by the County, the developer shall submit documentation of the Brandermill Commercial Architectural Review Board's (CARB) approval to the Planning Department. Any nursing home, convalescent home, or rest home shall be located toward the northeast corner of the property as far as practicable, while at the same time providing sufficient room for a driveway to access the service area which shall be located on the north side of the building. For illustrational purposes only, the building shall be generally located as shown on the depiction, dated July 28, 1998, entitled "Proposed Location of the Assisted Living Facility Building on the 4.046 Acre Site," a copy of which is attached as Exhibit The elevation and exterior appearance of the building shall be similar to the rendering, dated July 28, 1998, entitled, ~Senior Quarters at Roanoke, Virginia," a copy of which is attached hereto as Exhibit KB". Materials used in the facade of the facility shall be brick and beaded vinyl siding, together with asphalt architectural dimensional shingles. o There shall be no building mounted floodlights. o Ail parking lot lights shall be a maximum ten (10) feet in height and shall be of "shoebox" design. o The site shall be graded as to lower the ground elevation to 225 feet as much as practicable as determined by the Planning Department. o Within the area lying between the building and Harbour Pointe Parkway and between the building and the western boundary of the site, additional landscaping to that required by the Zoning Ordinance shall be installed. The purpose of such landscaping shall be to provide intermittent visual separation between the building and 9/23/98 98-696 Harbour Pointe Parkway and the western boundary line. Any open basins required for water quantity or quality control shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses on the property. The landscaping for such ponds shall include landscaping adjacent to the ponds. At the time of site plan review, a plan depicting this requirement shall be submitted to the Planning department for review and approval. 10. Any free standing sign shall be of a monument style. 11. At the request of the Brandermill Community Association, (BCA), an easement or fee simple title, mutually satisfactory to both the Association and the Developer, shall be conveyed to the BCA for a bike or walking path. The location of such conveyance shall generally be along and parallel to the private drive. 12. Solid waste storage areas shall not be serviced, and delivery of goods shall not occur between the hours of 6:00 P.M. and 7:00 A.M. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 16. PUBLIC HEARINGS 0 TO CONSIDER AN ORDINANCE TO CREATE THE AUTUMN OAKS /¢HALKLEY ROAD SPECIAL TAX OR ASSESSMENT WATER DISTRICT Mr. Stith stated that this time and date has been advertised for a public hearing to consider an ordinance to establish the "Autumn Oaks/Chalkley Road Area Special Tax or Assessment Water District" for ninety-five lots in the Autumn Oaks/Chalkley Road area. He further stated seventy-five percent of the area residents have indicated that they desire public water service and that twenty-five percent of the residents have indicated that they do not want public water service. Mr. William Bell, a resident of Autumn Oaks and President of the Autumn Oaks Homeowner's Association, stated that he supports the proposed ordinance. Mr. Joe Furr, Jr., a resident of Autumn Oaks Subdivision, expressed concerns relative to problems with his well. He stated that he has had to conserve water in many ways and has had many problems due to the acidity of the well water and, therefore, supports the proposed project. Mrs. Humphrey excused herself from the meeting. Mrs. Gwynn Byer, a resident of Autu'mn Oaks Subdivision, stated that the Autumn Oaks Homeowner's Association surveyed over half of the homeowners in Autumn Oaks and the results of that survey 9/23/98 98-697 included problems relating to acidic water, water line failure, pump failure, water conservation, and the necessity to dig an additional well. She further stated that she supports the proposed project. Mrs. Humphrey returned to the meeting. Mrs. Byer further stated that the Homeowner's Association appreciates the Board's attention to the water problems in Autumn Oaks. Mr. Jim Kostanski, a resident of Autumn Oaks Subdivision, stated that he is a member of the Autumn Oaks Homeowner's Association Board of Directors and that he has been a homeowner in Autumn Oaks for over fourteen years. He referenced surrounding subdivisions that have been built which have County water and expressed concerns relative to the negative impact that the lack of County water has on the sale of homes in Autumn Oaks. He further stated that the Homeowner's Association has a petition that has been signed by the majority of the residents in support of the proposed ordinance and that he also supports the proposed ordinance. Mr. Mike Smith, a resident of Autumn Oaks Subdivision, stated that he has been a resident since 1981 and that he also owns a second lot next to his home. He stated that he has a thirty foot dug well which has only required normal maintenance and that the well has been satisfactorily tested four times. He further stated that his main concern is the cost of the public water line including the hook-up charge and that by making payments over ten years, the water service will eventually cost him over $17,800. He noted that it is not his intention to deprive anyone of public utilities if they have a need. Ms. Diana Parker, a resident of Chalkley Road, stated that she was not aware of this project until she read about it in the newspaper last week. She further stated that she has both County and well water and that she had to replace her well this year. She expressed concern that other residents in the area may not have been advised of this project. She referenced the County's Citizen Satisfaction Survey in regards to overdevelopment and water and air quality. She questioned the affect of BMPs on streams in the County. Mr. McHale clarified that the proposed ordinance is to establish a water assessment district and that, if approved, it will be paid for by the property owners included in the district. Ms. Jackie Morasco stated that she has been a resident of Autumn Oaks Subdivision for a year now and indicated that she has had many problems with her well. She stated that she is concerned about the cost involved, but that knowing water will always be available will outweigh the cost involved and, therefore, she is in favor of the project. 98-698 9/23/98 Mr. George Beadles stated that he is not a resident of the Autumn Oaks Subdivision and that he feels the County water service is good. He further stated that he feels the County needs to have a program to close bored and drilled wells. He suggested a study to decide whether closing wells would be good for groundwater protection. He referenced abandoned wells in the Skinquarter area and stated that he believes well regulation should take place. Mrs. Humphrey stated that when the County begins its review of development of County standards, shallow wells may be an issue to study. There being no one else to address this issue, the public hearing was closed. Mr. McHale stated that he believes there are large health, safety and welfare considerations at stake as well as the issues of fire protection and conservation of property values. Mr. McHale then made a motion, seconded by Mr. Daniel, for the Board to adopt an ordinance to create the Autumn Oaks/Chalkley Road Special Tax or Assessment Water District. Mr. Daniel stated that the Board's primary function is to address the health, safety and welfare standards of the residents of the County and that the County's policy regarding extending water service to existing subdivisions assists the larger percentage of residents and does not address the fact that some individuals may not want to make the outlay of the expenditure. He further stated that he feels addressing the needs of health, safety, and welfare far exceeds the needs of those who can continue to function with their existing wells. He stated that he supports addressing closed well issues and that he feels the Board also needs to address problems associated with septic fields. Mr. Barber stated that there are requests in the Utilities Department for water lines that exceed $150 million and that the magnitude of requests from people who feel that their wells or septic fields are failing is a staggering number. He further stated that his only reservation is the people who have wells that function well and still have to pay the same amount as those with failing wells. He stated that he supports the proposed ordinance but inquired about suggestions regarding his concern. Mr. Warren stated that he supports the proposed ordinance because it will benefit the greater majority of the affected residents. Mr. McHale expressed appreciation to the residents of Autumn Oaks who were present at the meeting and stated that the assessment water district has been reduced to remove some residents who did not wish to be included in the district. 98-699 9/23/98 Mrs. Humphrey expressed appreciation to the residents present at the public hearing. When asked, Mr. Jacobson stated that the present growth rate is now about two percent, compared to about four or five percent in the 1980's. He further stated that currently there are approximately 1,800 new homes being built yearly and that in the 1980's the average for new homes being built was 2,800. Mr. Barber stated that the County's school division only had an increase of three hundred students last year and that in the 1980's the increase was between one and two thousand on a regular basis. Mrs. Humphrey stated that the Board has been progressive in recognizing how to preserve public water supplies in the County, including Lake Chesdin and the Swift Creek Reservoir. She further stated that the regional BMP strategy will ensure quality water for years to come and that BMP's serve a variety of purposes in the landscape including their functional purpose as a retention pond to catch runoff and recycling for irrigation. Mrs. Humphrey then called for a vote on the motion made by Mr. McHale, seconded by Mr. Daniel, for the Board to adopt the following ordinance: AN ORDINANCE TO CREATE THE AUTUMN OAKS/CHALKLEY ROAD SPECIAL TAX OR ASSESSMENT WATER DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Autumn Oaks/Chalkley Road Special Tax or Assessment Water District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Autumn Oaks/Chalkley Road Special Tax or Assessment Water District. Map of the District: The map entitled "Autumn Oaks/Chalkley Road "Special Tax or Assessment Water District" prepared by the County Department of Utilities, dated September 23, 1998, which map is on file with the director of utilities. Section 2. Establishment of Autumn Oaks/Chalkley Road Special Tax or Assessment Water District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Autumn Oaks/Chalkley RoadSpecial Tax or Assessment Water District. The area of the district shall be and the same is hereby fixed within the 98-700 9/23/98 boundaries depicted on the map of the district. Section 3. Construction of certain water facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the water line and appurtenant facilities depicted on the map of the district. Section 4. Taxes or assessments upon owners of property located within the district. The cost of construction of the water line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the water line. The amount of the tax or assessment charged to each such owner shall be one ninety-fifth (1/95) of the total cost of the improvements constructed within the district, including the legal, financial and other directly attributable costs incurred by the County. The one ninety-fifth (1/95) charge shall be assessed against each lot located in the district. The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the water line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided for other taxes. Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the water line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in twenty (20) equal semiannual principal installments over a period of ten (10) years, together with simple interest on the unpaid principal balance at an annual rate equal to the interest rate of one-year United States Treasury Bills on the date when the ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. 2) This ordinance shall be in effect immediately upon its adoption. 98-701 9/23/98 And, further, the Board appropriated funds up to $447,925 for the project from the water fund balance, and set interest rates equal to the interest rate on one-year U.S. Treasury Bills effective September 23, 1998. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. It was generally agreed to recess for five minutes. Reconvening: 17. REMAINING MOBILE HOME PERMIT~ AND ZONING REQUESTS 98SN0271 In Matoaca Magisterial District, THE CHESTERFIELD COUNTY PLANNING COMMISSION requests amendment to a previously granted rezoning (Case 89SN0287) to delete a requirement for the dedication of land. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acres lots, suited to R-88 zoning. This request lies in a Residential (R-12) District on 286.2 acres fronting in two (2) places for a total of approximately 600 feet on the east line of Bailey Bridge Road, also fronting the north and south lines of Battlecreek Drive and located at the intersection of these roads, the northern terminus of Hillcreek Drive, and the eastern terminus of Battlecreek Drive. Tax ID 736-670-6899; 739-671-2213; 739-699-0111; and 740-668- 0249 (Sheet 20). Mr. William Poole, Assistant Director of Planning, presented an overview of Case 98SN0271 and stated that the Planning Commission and staff recommends approval and acceptance of the proffered condition. Mr. George Beadles expressed concerns relative to the large number of subdivisions being built and the need for appropriate locations for communications tower sites. He stated that he feels if the subject property was an acceptable tower site, it would be financially irresponsible for the County to sell the property for only $130,000 rather than retaining the property and gaining steady income from having a tower located on the property. Mr. Poole stated that this request was filed prior to the County having the ability to accept cash proffers, but the County did have the ability to accept a proffer requiring dedication of land. He further stated that subsequent to the property being zoned, and prior to it being subdivided, the County had an opportunity and a need to build a school elsewhere in the community and, therefore, there is no need today for school or park use of the subject property. He 9/23/98 98-702 explained that for this reason staff has recommended that the property not be used for school or park purposes, but rather accept a cash proffer in lieu of the dedication. He stated that the County will still receive cash that can be used for school or park purposes. He noted that there is a Virginia Power transmission line which transverses the property and that the line would be a good site for a communications tower. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 98SN0271 and accepted the following proffered condition: The developer, subdivider, or assignee(s) shall pay $130,000 to the County of Chesterfield. Payment shall be made in two installments, the first being in the amount of $65,000 to be paid prior to January 1, 1999. A maximum of 180 lots shall be permitted to be recorded prior to January 1, 1999, unless the first payment described herein in made. The second installment shall be in the amount of $65,000 to be paid prior to January 1, 2000. A maximum of 250 lots shall be permitted to be recorded prior to January 1, 2000, unless the full payment described herein is made. The payments will be prorated such that $106,095 will be used for school capital improvements and $23,905 will be used for park capital improvements. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0284 In Matoaca Magisterial District, RCTC WHOLESALE CORPORATION BY 360° COMMUNICATIONS COMPANY requests Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception in an Agricultural (A) District. A 199 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies on 2.15 acres fronting approximately 50 feet on the south line of Woodpecker Road, approximately 3,800 feet west of Nash Road. Tax ID 754-643-Part of 8351; 754-645- Part of 8859; and 755-645-Part of 0730 (Sheet 39). Mr. Jacobson presented an overview of Case 98SN0284. He referenced Mr. Horst Reszies, the individual who previously voiced concerns regarding the request, and stated that the proposed tower would generally be invisible to the surrounding property owners and that the Planning Commission and staff recommends approval subject to conditions. He noted that the proposed tower site lies within the boundaries of the Southern and Western Area Plan. Ms. Heidi Parker, representing the applicant, stated that Mr. Reeses' property is at a lower elevation than the proposed tower site and that the chances of visibility are extremely unlikely. 9/23/98 98-703 Mr. Eric Lin, son of the property owner, stated that their initial concerns regarding the tower included health issues and property values. He further stated the most unobtrusive location on the property for the tower was chosen and that he feels the proposed tower would be good for the area. There was a brief discussion relative to the height and lighting requirements for the tower. Mrs. Humphrey recognized Mr. Reszies and stated that she feels his concerns regarding the proposed tower had been addressed. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 98SN0284, subject to the following conditions: o 0 o o There shall be no signs permitted to identify the tower use. (P) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: 98-704 9/23/98 The tower shall be gray or another neutral color, acceptable to the Planning Department. bo The tower shall not be lighted unless lighting is required by FAA. If lighted, tower lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) o Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) o Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) o At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) 10. In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation for communications towers in Agricultural (A) Districts shall be granted. (P) Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 98SN0258 In Matoaca Magisterial District, SPRINT PCS requests Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. A 195-foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 1.2 acres known as 15200 Cosby Road. Tax ID 716-671-Part of 9458 (Sheet 19). Mr. Poole presented an overview of Case 98SN0258 and stated that the staff recommends denial due to inconsistency with the P~bli¢ Facilities plan, the Board's citing guidelines for towers, and alternative sites had been suggested. He further 98-705 9/23/98 stated that the Planning Commission recommends approval subject to one condition and acceptance of proffered conditions. Mrs. Humphrey stated that she had requested the applicant to meet with the adjoining property owners regarding the tower and that she has received letters from both the Woodlake Board of Directors and the Millwood School supporting the proposed tower site. Mr. Chuck Rothenberg, representing the applicant, stated that the Planning Commission's recommendation is acceptable. He referenced the additional proffered condition relating to a possible co-location of antennas to serve a future fire and/or rescue squad proposed for the Magnolia Green project. He indicated that the tower site would not be obvious to surrounding landowners and requested that the Board approve the request. Mr. George Beadles stated that he feels proffered condition eleven was offered in return for the approval of the case and if such a condition is legal, it should be a standard condition in all zoning requests for towers. He further stated that co- locating antennas to serve fire and rescue stations is not a standard County practice and that he does not believe any fire department or rescue squad would have their own private system. Mr. Daniel stated that under the County's tower policy, co- location of towers is indicated as desirable. Mrs. Humphrey stated that this is not a unique case -- there are other co-located tower sites in the County and that as a good public servant, the applicant agreed to the County's request for co-location of towers. She requested that Mr. Beadles apologize to the Board for his implication regarding the approval of the tower site. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 98SN0258, subject to the following condition: The tower shall be of a monopole design. (CPC) And, further, the Board accepted the following proffered conditions: Buffer Area. Reference is made to the area shown as "Proposed CUPD & Tree Preservation Area" on that certain plat dated March 20, 1998, last revised June 18, 1998, entitled "Kip Belcher, 15200 Cosby Road, Chesterfield County, Virginia," Sub. Job No. SP9801.60, made by Rice Associates, P. C. (The "Buffer Area"). Except for access and utilities, which may be extended generally perpendicular through the Buffer Area, existing mature trees within the Buffer Area shall be preserved and maintained. Existing trees shall be supplemented where necessary to minimize the view of the tower and associated equipment from adjacent properties and public 98-706 9/23/98 o o o o rights of way. Additional plantings shall consist of trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve a density of at least one (1) tree for each twenty (20) lineal feet of buffer. In addition, cleared areas of 300 square feet or greater shall be planted with trees, as described herein, to achieve a minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirements shall be submitted to the Planning Department for approval. There shall be no signs permitted to identify this use. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. The color and lighting system for the tower shall be as follows: a) T~e tower shall be grey or another neutral color, acceptable to the Planning Department. The tower shall not be lighted unless lighting 9/23/98 98-707 is required by FAA. If lighted, tower lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. o Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. o With the exception of the tower and antennas or other tower-mounted equipment, any building and/or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. 10. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. 11. Rescue Squad Equipment. If requested by any fire and/or rescue squad station located within the boundaries of Zoning Case 89SN0343 (commonly known as Magnolia Green), the owner of the tower shall permit the station to install its communications equipment on the tower without charge; provided, however, if the owner of the tower submits an engineering study to the Planning Department confirming that the tower cannot structurally support the equipment (taking into account existing equipment on the tower, equipment that the owner of the tower is committed to install on the tower and other relevant factors), then the owner of the tower shall not be obligated to provide the space for the fire and/or rescue squad's equipment. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: Daniel. Mr. Ramsey read the following statement into the record: Madame Chairman and Members of the Board, I would like to make a brief statement concerning the Unified Pay Plan study for the benefit of County employees. As you know, today I met with each of you to discuss some of the salary issues that came out of the study. I intend to finalize the options I presented to you and will release my formal recommendation to our employees during the week of September 28, 1998. I want to thank you for your support and we look forward to sharing this information with staff. 98-708 9/23/98 18. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 9:25 p.m. until October 14, 1998 at 4:00 p.m. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. L~n~ B. R~ms~y' -J County Administratc~r 98-709 Humphr~ - Chairman 9/23/98