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07-27-2005 Minutes BOARD OF SUPERVISORS MINUTES July 27, 2005 - Supervisors in Attendance: Mr. Edward B. Barber, Chairman Mr. R. M. "Dickie" King, Jr., Vice Chairman Mrs. Renny Bush Humphrey Mr. Kelly E. Miller Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator -- '~. Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Planning and Development Ms. Marilyn Cole, Asst. County Administrator Ms. Rebecca Dickson, Dir., Budget and Management Ms. Lisa Elko, CMC, Clerk Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence Haake, III, Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Dep. Chief James Graham, Fire and EMS Dept. Mr. Donald Kappel, Dir., Public Affairs Ms. Pat Kizzie, Asst. Dir., Social Services Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting Mr. Faith McClintic, Asst. Dir., Economic Development 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. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Kirk Turner, Dir., Planning 05-539 07/27/05 Sheriff Clarence Williams, Sheriff's Department Mr. Barber called the regularly scheduled meeting to order at 3:07 p.m. 1. APPROVAL OF MINUTES FOR JUNE 22, 2005 On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved the minutes of June 22, 2005, as submitted. -- Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 2. COUNTY ADMINISTRATOR I S COMMENTS 2.A. RECOGNITION OF JAIL STANDARDS Mr. Ramsey commended Sheriff Williams and Jail staff for receiving 100 percent compliance with Standards for Jails from the Board of Corrections. He stated this is a tremendous accomplishment considering the condi tion of the jail. Sheriff Williams stated he is very proud of the deputies who care for inmates and the j ail on a daily basis, indicating that they are responsible for this achievement. 2 . C. GOVERNMENT FINANCE OFFICERS CERTIFICATE OF ACHIEVEMENT FOR THE ACCOUNTING DEPARTMENT --' Mr. Ramsey stated that for the 24th consecutive year, the Accounting Department has received the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. He commended Ms. Lyle and members of her staff for this tremendous accomplishment. Ms. Lyle expressed appreciation to Mr. Ramsey and the Board for their support and to members of her staff for their outstanding efforts. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. 4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. King, seconded by Mrs. Humphrey, the Board moved Item 7. Deferred Zoning Case 04SN0207 - Dart III LLC to Item 16., Request.s for Rezoning; added Item 8. D .1. j . , Adoption of Resolution Recognizing Ms. Rebecca Marie Chapin Upon Attaining the Gold Award; deleted Item 8.D.7.a., Approval of Lease of Property for the Office of the Chesterfield/Colonial Heights Adult Drug Court; added Item 8 .D.12., Approval of Allocation from the Utility Inducement Fund to Pay for Extending Existing Public Wastewater Lines to ,"'-"'" 05-540 07/27/05 Accommodate Future Development of Meadowville Technology Park and Approval of Construction Contract to G. L. Howard, Incorporated; and adopted the Agenda as amended. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. - 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING CHESTERFIELD COUNTY'S 2005 NATIONAL FOOTBALL LEAGUE'S PRO-BOWL PLAYERS Mr. Golden introduced Mrs. Janice Johnson, mother of Rudi Johnson; Mrs. Brie Henderson, wife of William Henderson; and other family members of Mr. Henderson and Mr. Johnson, who were present to receive the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, it has long been recognized that "A Sound Mind in a Sound Body" is desirable in our nation's students; and WHEREAS, with this in mind, Chesterfield County's public schools offer a wide variety of athletic opportuni ties to their students; and WHEREAS, the physical fitness and healthy lifestyle habits students acquire can stay with them throughout their lives; and WHEREAS, some students continue their athletic careers after graduating from Chesterfield County high schools; and WHEREAS, Fullback William Henderson of Green Bay and Running Back Rudi Johnson of the Cincinnati Bengals, both Thomas Dale High School graduates, and Pittsburgh Steelers Linebacker James Farrior, a Matoaca High School graduate, were all 2005 National Football League Pro-Bowl players; and WHEREAS, all three of these players also were members of the Chesterfield Quarterback League; and WHEREAS, their practice sessions and games held in Chesterfield County prepared them for the professional success they would later enjoy; and WHEREAS, these three young men are positive role models for other young athletes. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of July 2005, publicly recognizes Mr. William Henderson, Mr. Rudi Johnson and Mr. James Farrior as fine examples of Chesterfield County Schools and the Chesterfield Quarterback League, and on behalf of all Chesterfield County residents, extends to these three gentlemen congratulations and best wishes for continued success. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-541 07/27/05 Mrs. Humphrey presented the executed resolutions to Mrs. Johnson and Mrs. Henderson, accompanied by family members and Mr. Mike Hairfield, President of the Chesterfield Quarterback League, expressed appreciation to them for accepting the resolutions on behalf of Mr. Johnson and Mr. Henderson, and stated it is amazing that three Pro-Bml\Tl players grew up within fifteen miles of each other. Mrs. Johnson presented Mrs. Humphrey with autographed photos of Mr. Johnson, Mr. Henderson and Mr. Farrior. She stated the players have provided scholarships to local athletes at Matoaca and Thomas Dale High Schools and are working on establishing a. foundation in the Ettrick communi ty that will serve youth in the Ettrick-Matoaca area. 5.B. RECOGNIZING LIEUTENANT JAMES R. PICARDAT, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Chief Graham introduced Mr. James R. Picardat who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Lieutenant James R. "Randy" Picardat retired from the Fire and Emergency Medical Services Department, Chesterfield County, on May 1, 2005; and WHEREAS, Lieutenant picardat began his service on August 9, 1976, graduated from Recruit School~7 and has faithfully served the county for over 28 years in various assignments as a firefighter at the Chester Fire Station, the Ettrick Fire Station and the Bon Air Fire Station; as a sergeant at the Buford Fire Station; as a lieutenant at the Dutch Gap Fire Station, the Bensley Fire Station and the Ettrick Fire Station; and as an Assistant Fire Marshal in the Fire and Life Safety Division; and WHEREAS, Lieutenant Picardat was recognized by many of his peers for his faithful service, professionalism, positive attitude, cooperation with others, and development of firefighters for promotion; and WHEREAS, Lieutenant Picardat worked diligently to make Chesterfield County a safer communi ty by providing safety inspections of county businesses while working in the Life Safety Division and educating citizens of all ages by teaching fire and life safety education programs throughout his entire career. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of July 2005, publicly recognizes the contributions of Lieutenant James R. "Randy" Picardat, expresses the appreciation of all residents for his service to the County, and extends their appreciation for his dedicated service and their congratulations upon his retirement. 05-542 07/27/05 AND, BE IT FURTHER RESOLVED, that a copy of resolution be presented to Lieutenant picardat and that resolution be permanently recorded among the papers of Board of Supervisors of Chesterfield County, Virginia. this this this Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. ..- Mr. King presented the executed resolution and a Jefferson Cup to Lieutenant Picardat, accompanied by members of his family, expressed appreciation for his dedicated service and congratulated him on his retirement. Lieutenant Picardat expressed appreciation to the Board, the Fire and EMS Department and county citizens for allowing him the opportunity to try and make Chesterfield a safer and better place. 5.C. RECOGNIZING MR. RICHARD K. NOWELL, DEPARTMENT OF GENERAL SERVICES, FLEET MANAGEMENT DIVISION, UPON HIS RETIREMENT Mr. Pitaro and Chief Graham introduced Mr. Richard Nowell who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Richard K. Nowell retired July 1, 2005 after providing thirty-three years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Nowell began his service July 1, 1972 as a firefighter, in the Chesterfield County Fire and Emergency Medical Services Department and served for twenty years; and WHEREAS, Mr. Nowell served as automotive technician, in the Department of General Services, Fleet Management Division for thirteen years; and WHEREAS, Mr. Nowell has seen the county fleet grow to its present size of more than 2,400 vehicles; and WHEREAS, Mr. Nowell always performed his duties and responsibilities in an excellent manner and placed the welfare and safety of citizens and fellow county employees above his own personal comfort and feelings and will be missed by his fellow co-workers. - NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of July 2005, publicly recognizes Mr. Richard K. Nowell and extends appreciation for his thirty-three years of dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. Warren presented the executed resolution and a Jefferson Cup to Mr. Nowell, expressed appreciation for his dedicated service and congratulated him on his retirement. 05-543 07/27/05 Mr. Nowell expressed appreciation to Mr. Pi taro and Chief Graham for their support and stated he has enjoyed working for the county. 6. WORK SESSIONS There were no work sessions at this time. 7 . DEFERRED ITEMS o ZONING CASE 04SN0207 - DART II LLC State law changes on July 1, 2005 now require modifications to cash proffer language related to the length of time to spend funds. The change requi red that a pub 1 i c hearing be held for Case 04SN0207. Therefore, t:he case has been advertised and will be heard as a public hearing during the zoning portion of the agenda. 8 . NEW BUSINESS 8.A. ANNUAL CASH PROFFER INFORMATION, ADOPTION OF MAXIMUM PER DWELLING UNIT CASH PROFFER FOR FISCAL YEAR 2006 AND POLICY CHANGES Mr. Allan Carmody Budget Manager, provided a summary of results of the cash proffer program. He reviewed annual collections from 2000 through 2004 and collections/ appropriations by category. He then reviewed data relative to units paying proffers and benchmark collections. He stated, after consideration of the differential cash proffer concept, the Planning Commission concluded that differential cash proffers would not influence the housing market enough to change the rate of growth or where growth was occurring in the county. He further stated staff concluded that it would be best to set a single maximum cash proffer amount. He provided details of parameters used in projecting school impact calculations and reviewed the top 15 subdivisions used to calculate the average number of students per new household. He stated, based on the direction the Board provided at last year's growth management retreat, staff reviewed the methodology for calculating the transportation impact of development. He further stated today's pressures on the road network, coupled with declining state road funding levels, led the Board to direct staff to review how road costs are recovered, indicating that the proposed cash proffer changes, in combination with the Board's past efforts supporting the referendum for road bonds, will supplement county road funding and provide a mechanism to recapture more of the costs associated with residentially generated trips. He stat.ed the calculated total cost of the impact of development under th~= new methodology totals $l7, 525 per dwelling unit in comparison to the $11,500 of one year ago. He reviewed benchmark maximum cash profj:ers for localities throughout the state, indicating that Chesterfield would still remain at the low range of the spectrum of those localities collecting sizeable cash proffer revenue if the $17,000 recommendation is adopted. He stated the requested policy changes include legislated spending time limits and increases for cases in progress, subject to one change 05-544 07/27/05 throughout the process. He stated the County Administrator recommends that the Board adopt the cash proffer policy changes as presented; set $17,000 per dwelling unit as the maximum acceptable cash proffer for FY2006; and adopt the Marshall and Swift increase of 9.3 percent for existing cases. Mr. Barber stated he has received many requests from the public to speak to this issue and suggested that the Board consider setting a public hearing for September 21, 2005 to receive public input. Mr. Miller expressed concerns relative to holding the public hearing at a meeting with zoning cases on the agenda. Discussion ensued relative to creating the motion to set the public hearing date so that any cases filed between now and the date of the public hearing would be subject to the new maximum cash proffer. Mr. Warren stated, because the timing is not critical, the Board could wait until October to hold the public hearing, which would allow additional time for community meetings. He suggested the possibility of acquiring an evaluation of cash proffers from an independent outside consultant, indicating that this could be a useful tool. Mr. Ramsey stated the Homebuilders Association provided funding for an independent expert on impact fees to assist the county in establishing its cash proffer model. He further stated he has spoken with this person within the past year, and he indicated that Chesterfield County is using the correct model for its cash proffer policy. He stated the Homebuilders Association is interested in a different study that would show that the industry has a greater financial impact on the communi ty , such as through sales tax revenue generated. Discussion ensued relative to holding the public hearing on October 12, 2005. Mr. Barber requested that Mr. Ramsey review the information that needs to be incorporated into a Board motion to set the public hearing. - Mr. Ramsey stated, in addition to adopting maximum cash proffers, the Board has also had a policy of adjusting cash proffers that have been made each year by the Marshall and Swift Cost Index, and staff is recommending that the Board adjust for that index with the caveat that no cash proffer as a result of applying the index would surpass the $11,500 in place today. He further stated staff also recommends that the Board adopt the policy change required by the General Assembly and that the Board validate the policy agreed at last year's retreat that cash proffers would be expected at the current level as adopted at the time a zoning case comes before the Planning Commission or the Board of Supervisors, with only one increase applied between the time of application and when decided by the Board. He noted this would protect against a number of applications being filed between now and the public hearing date. 05-545 07/27/05 On motion of Mr. Barber, seconded by Mr. Warren, the Board set the date of October 12, 2005 at 7:00 p.m. for a public hearing to consider setting the maximum cash proffer amount per dwelling unit for FY2006. And, further, the Board adopted the Marshall and Swift Cost Index increase of 9.3 percent for existing cash proffer cases already approved, with the caveat that no cash proffer amount would surpass $11,500 as a result of applying the increase; and approved changes to the cash proffer policy. Ayes: Barber, King, Humphrey, Miller and V'ifarren. Nays: None. 8. B. APPOINTMENTS On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment of members to serve on the Community Criminal Justice Board and the Youth Services Citizen Board. Ayes: Barber, King, Humphrey, Miller and TtJarren. Nays: None. 8.B.l. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/reappointed The Honorable Jerry Hendrick, Jr., The Honorable Philip V. Daffron, The Honorable Michael Lee, Mr. Raeford W. Walker, Ms. Elvira Shaw, Mr. Bradford S. Hammer, Mr. William W. Bradham, Jr., Sheriff Clarence G. Williams, Dr. John Morgan and Mr. D. Gregory Carr to serve on the Community Criminal Justice Board, whose terms are effective July 1, 2005 and expire June 30, 2007. And, further, the Board simultaneously nominated/appointed Mr. Brad Peebles to serve on the Community Criminal Justice Board, whose term is effective immediately and expires June 30, 2006. (It is noted Mr. Peebles will fill the unexpired term of Mr. James J. Brown.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.B.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Miller, seconded by Mr. King, the Board simultaneously nominated/appointed/reappointed the following youth members to serve on the Youth Services Citizen Board, whose terms are effective immediately and expire June 20, 2006: NamE~ District ---- Brittney \Ñalls Samori Robinson Cari Mueller Andrew Deitrick Julie Burns Bermuda District Bermuda District Clover Hill District Clover Hill District Clover Hill District 05-546 07/27/05 Nicole Lawrence Amanda Seymour Andre Walters Sarah Hill Crystal Thornhill Bryce Burton Tabitha Ballard Cody Danford Jamie Brindle Lauren Edwards Katie Valentine Clover Hill District Dale District Dale District Dale District Dale District Matoaca District Matoaca District Matoaca District Matoaca District Midlothian District Midlothian District And, further, the Board nominated/appointed Mr. Nicholas Malone, adult member representing the Clover Hill District, to serve on the Youth Services Citizen Board, whose term is effective immediately and expires June 30, 2008. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. C. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Warren, seconded by Mr. Miller, the Board approved the following streetlight installation requests: Clover Hill District In the Lands End Subdivision · Harbour Pointe Road, in the cul-de-sac Cost to install streetlight: $7,402.77 In the Chestnut Hills Subdivision: · Intersection of Grassy Knoll Lane and West Providence Road Cost to install streetlight: $890.71 Dale District In the Garland Heights Subdivision · Intersection of Hopkins Road and Vauxhall Road Cost to install streetlight: $266.25 · Vauxhall Road, vicinity of trailers at Falling Creek Elementary School, on north side of street Cost to install streetlight: $977.97 .- Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D. CONSENT ITEMS 8.D.l. ADOPTION OF RESOLUTIONS 8.D.l.a. RECOGNIZING LIEUTENANT LANNEY C. JONES, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. King, seconded by Mr. Barber, the Board adopted the fOllowing resolution: 05-547 07/27/05 ,----------~ WHEREAS, Lieutenant Lanney C. Jones will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2005; and WHEREAS, Lieutenant Jones attended Recruit School Number 15 in 1984 and has faithfully served the county for 21 years in various assignments as a Firefighter at the Chester and Dutch Gap Fire Stations; as a Sergeant and Lieutenant at the Clover Hill Fire Station; as a Lieutenant in the Emergency Medical Services Division and Chief Flight Paramedic at EMS Med-Flight I; and WHEREAS, Lieutenant Jones received two Emergency Medical Service Awards for his actions on March 6, 1990 and October 10, 1992 during the successful resuscitation of citizens in cardiac arrest; and WHEREAS, Lieutenant Jones has served in the position as Chief Flight Paramedic for EMS Med-Flight I for over nine years, faithfully serving the citizens of the Central Virginia Region; and WHEREAS, during his tenure Lieutenant Jones established and effective working relationship police; and as Chief Flight. Paramedic, fostered a cooperative and with the Virginia State WHEREAS, while assigned to Med-,Flight I, Lieutenant Jones worked effectively with the leadership and staff of 33 counties, 16 hospitals and 88 emergency medical service agencies throughout the Central Virginia Region; and WHEREAS, Lieutenant Jones was instrumental in obtaining a second flight paramedic position for EMS Med-Flight I in 2003, and was also instrumental in expanding a cooperative relationship with local fire and EMS departments to provide additional paramedics for EMS Med-Flight I; and WHEREAS, Lieutenant Jones received a Unit Citation for his actions on April 13, 2003 during the rescue of four teenagers from the Appomattox River; and WHEREAS, Lieutenant Jones was recognized as Outstanding Career Officer of the Year in 2003; and WHEREAS, Lieutenant Jones was nominated by the Old Dominion Emergency Medical Services Alliance for the 2003 Governor's Award for Outstanding Pre-Hospital Provider; and WHEREAS, Lieutenant Jones has faithfully served as an active member of the State Emergency Medical Evacuation Committee. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Lanney C. Jones, expresses thE! appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-548 07/27/05 8.D.l.b. RECOGNIZING MS. JO AMY DAVIS, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HER RETIREMENT On motion of Mr. King, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Fire and Life Safety Educator Jo Amy Davis retired from Chesterfield Fire and Emergency Medical Services, Chesterfield County, after 29 years of service, on July 1, 2005; and WHEREAS, Ms. Davis began her service with Chesterfield Social Services as a Child Protective Services Social Worker from 1976 until 1983; and WHEREAS, Ms. Davis worked in the Child Welfare Bureau and Division of Licensing for the Commonwealth of Virginia Department of Social Services from 1983 until 1988; and WHEREAS, Ms. Davis returned to Chesterfield in 1988, serving as the Executive Assistant to the County Administrator from 1988 through 1992; and WHEREAS, Ms. Davis began working for Chesterfield Fire and Emergency Medical Services in February 1992 as the Community Based Program Manager; and WHEREAS, Ms . program, and was University; and Davis in the helped first develop the county graduating class of TQI TQI WHEREAS, Ms. Davis taught all of the initial TQI classes to the Chesterfield Fire and Emergency Medical Services staff; and WHEREAS, Ms. Davis has been a member of the Emergency Operations Center Response Team since 1992; and WHEREAS, Ms. Davis represented Chesterfield Fire Emergency Medical Services on the Health Track Committee 1992 until 2003, assisting with the organization operation of the County Health Fair; and and from and WHEREAS, Ms. Davis founded THE BEACON and the Community newsletter, serving as editor and publisher; and WHEREAS, Ms. Davis was transferred to the Fire and Life Safety Division as a Fire and Life Safety Educator; and WHEREAS, Ms. Davis started the CERT program in Chesterfield County by writing grants, obtained the funding and built a training team; and as of today, 200 citizens have been trained; and WHEREAS, Ms. Davis developed the fourth grade fire safety program on fowerpoint; and WHEREAS, Ms. Davis has educated approximately 15,000 fourth grade students in the area of fire safety in the past ten years. 05-549 07/27/05 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Fire and Life Safety Educator Jo Amy Davis, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service and congratulations upon her retirement. Ayes: Barber, King, Humphrey, Miller and tl'Jarren. Nays: None. 8. D.l. c. RECOGNIZING AUGUST 1-7, 2005, AS "INTERNAT:[ONAL CLOWN WEEK" On motion of Mr. King, seconded by Mr. Barber the Board adopted the following resolution: WHEREAS, clowns have long been known as ambassadors of joy and goodwill; and WHEREAS; proclamation 1971; and President establishing Richard "National M. Nixon Clown Week" issued a in August WHEREAS, the resolution recognized that clowns bring happiness to children and adults around the world; and WHEREAS, during thE:! week of August 1 to August 7, 2005, clowns will be participating in special activities to mark "International Clown WeE~k" by sharing laughter, happiness and cheer with those confinE~d to hospi tals and nursing homes; and WHEREAS, during this same perìod, and every day, clowns will bring their special gift of merriment to activities and communities across the nation; and WHEREAS, in a world where daily headlines and newscasts can bring news of events around the world that are filled wi th sadness and tragedy, clowns provide happier timE~s; and WHEREAS, in recognition of the efforts of all clowns to spread their joy and bring laughter, "International Clown Week" has been proclaimed for the wE~ek of August l-7, 2005. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the special role that clowns play in bringing smiles, hope and joy to millions of people all across the globe, including here in Virginia; wishes clowns everywhere continued merriment, and thanks them for the important role they play in our lives. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.l.d. RECOGNIZING MRS. GLORIA M. THYSELL, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HER RETIREMENT On motion of Mr. King, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mrs. Gloria Thysell will retire from the Chesterfield County Information Systems Technology Department on August 1, 2005, after providing 23 years of quality service to the citizens of Chesterfield County; and 05-550 07/27/05 WHEREAS, Mrs. Thysell has faithfully served the county in the capacity of Application Team Leader for the Information Systems Technology Department; and WHEREAS, Mrs. Thysell has provided leadership to her team supporting the Community Development Division; and WHEREAS, Mrs. Thysell has provided quali ty support to the Community Development Di vision by developing and implementing business software solutions which have served the division and enhanced citizen services; and WHEREAS, Mrs. Thysell has provided quality support to the Central Library in their use of technology to implement their Circulation System; and WHEREAS, Mrs. Thysell has provided leadership and support for the development and implementation of the county's Geographic Information System (GIS); and WHEREAS, Mrs. Thysell has provided direction and guidance to her staff in developing effective, efficient, and reliable business software solutions; and WHEREAS, Mrs. Thysell has provided outstanding leadership in the analysis of business processes and the design of business software solutions; and WHEREAS, Mrs. Thysell's character, high ethical standards, dedication to Chesterfield County, and commitment to excellence are a model for all county employees; and WHEREAS, Mrs. Thysell has developed and maintained a technically proficient staff within 1ST to develop and support business software solutions; and WHEREAS, Mrs. Thysell has demonstrated compassion for others, a willingness to assist staff, and been a model for integrity; and WHEREAS, Mrs. Thysell has created a collaborative environment where her team members have developed new skills and kept pace with the changing technology environment; and WHEREAS, Mrs. Thysell has encouraged and challenged her team to achieve their own professional goals; and WHEREAS, Mrs. Thysell has provided the Chesterfield County Information Systems Technology Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Thysell's dedicated service. NOW, THEREFORE, BE IT RESOLVED that County Board of Supervisors recognizes Mrs. and extends on behalf of its members and Chesterfield County, appreciation for her county, congratulations upon her retirement, for a long and happy retirement. the Chesterfield Gloria Thysell, the ci ti zens of service to the and best wishes Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-551 07/27/05 8.D.l.e. DESIGNATING GRAVESEND, ENGLAND IN A TWINNING RELATIONSHIP FOR THE CHESTERFIELD 2007 AND JAMESTOWN 2007 CELEBRATIONS On motion of Mr. King, seconded by Mr. Barber the Board adopted the following resolution: WHEREAS, the Commonwealth of Virginia has acknowledged the importance of the founding of Jamestown in 1607 to the nation and to Virginia; and --' WHEREAS, the County of Chesterfield has agreed to participate in the 400th birthday of Jamestown through the celebration of "Chesterfield 2007 - 400 years"; and WHEREAS, the County of Chesterfield has a historic linkage with Jamestown through the Citie of Henricus and the home of John Rolfe and Pocahontas; and WHEREAS, the Borough of Gravesham, England and the Town of Gravesend, England have requested a twinning relationship with Chesterfield County acknowledging the historical connection between the two localities and the life of Pocahontas; and WHEREAS, the year 1607 represents the beginning through Jamestown and the year 1617 represents the end of Pocahontas's life at Gravesend; and WHEREAS, the between the County and the Borough of of Pocahontas. consummation of a twinning relationship of Chesterfield and the Town of Gravesend Gravesham will honor and promote the life -' NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of July 2005, publicly agrees to establish a twinning relationship with the Town of Gravesend and the Borough of Gravesham, England. AND, BE IT FURTHER RESOLVED that a copy of this resolution be provided to the Mayor of Gravesend, England and to the Chairperson of the Borough of Gravesham, England to acknowledge the beginning of the twinning relationship. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.l.f. RECOGNIZING MR. CHRISTOPHER A. HURLEY AND MR. CONOR BLAINE WAKEMAN UPON ATTAINING RANK OF EAGLE SCOUT On motion of Mr. King, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and 05-552 07/27/05 WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and - WHEREAS, Mr. Christopher A. Hurley, Troop 840, sponsored by Saint Michael's Episcopal Church, and Mr. Conor Blaine Wakeman, Troop 829, sponsored by Saint Matthias' Episcopal Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Christopher and Conor have distinguished themselves as members 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 recognizes Mr. Christopher A. Hurley and Mr. Conor Blaine Wakeman, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. .~ Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. S.D.l.g. RECOGNIZING AUGUST 2, 2005, AS "NATIONAL NIGHT OUT" IN CHESTERFIELD COUNTY On motion of Mr. King, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, each year in August, communities across the nation band together to demonstrate their unity in the fight against crime; and WHEREAS, this show of solidarity by law-abiding citizens has been named "National Night Out"; and WHEREAS, the National Night Out event taking place on August 2, 2005 will be the 22nd annual event of this type; and WHEREAS, last year's National Night Out campaign involved citizens, law enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from 10,000 communities in 50 states, U.S. territories, Canadian cities and military bases worldwide; and WHEREAS, National Night Out is designed to heighten crime and drug prevention awareness; and WHEREAS, this event also generates support for, and participation in, local anti-crime programs; and 05-553 07/27/05 WHEREAS, National Night Out spiri t and the relationships communities; and strengthens neighborhood between police and the WHEREAS, these events send a message to criminals that the communities are organized and fighting back against crime; and WHEREAS, Chesterfield County has as one of its strategic goals: "To be the safest and most secure communi ty compared to similar jurisdictions"; and WHEREAS, National Night Out is an important component in the effort to achieve that goal. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes August 2, 2005, as "National Night Out" in Chesterfield County, Virginia; thanks police, neighborhood watch groups and all others who have joined to prevent crime; and urges all residents and businesses in Chesterfield County to turn on their porch lights and other exterior lights and to gather with friends and neighbors on August 2, 2005 to demonstrate their unity in the fight against crime. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.l.h. RECOGNIZING MRS. MARY LOU SAPKO, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT On motion of Mr. King., seconded by Mr. Barber I the Board adopted the following resolution: WHEREAS, Mrs. Mary Lou Sapko began her tenure in public service with Chesterfield County as a Social Work Aide in the Department of Social Services on February 4, 1985; and WHEREAS, Mrs. Sapko has worked tirelessly to promote the safety and well being of the children and families with whom she has worked; and WHEREAS, Mrs. Sapko has been committed to promoting quality parenting education through instruction and example; and WHEREAS, Mrs. Sapko has represented the Department of Social Services as a member of numerous committees that promote the dignity and self worth of our customers; and WHEREAS, Mrs. Sapko has availed herself of numerous training opportunities to enhance her professional growth and development; and WHEREAS, Mrs. Sapko has been a role model for teamwork and professionalism to her colleagues both in and outside of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that County Board of Supervisors recognizes contributions of Mrs. Mary Lou Sapko, the Chesterfield the outstanding expresses the 05-554 07/27/05 appreciation of all residents for her service to the county and offers congratulations upon her retirement. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. S.D.l.i. RECOGNIZING GERARD W. SMITH, DEPARTMENT OF GENERAL SERVICES, RADIO SHOP DIVISION, UPON HIS RETIREMENT On motion of Mr. King, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mr. Gerard W. Smith retired July 1, 2005 after providing twenty years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Smith began his service May 20, 1985 as a Communication/Electronic Supervisor, in the Department of General Services, Radio Shop Division, when it was a two-man operation; and WHEREAS, Mr. Smith has seen the county's radio system grow from two towers to ten towers and two technicians to fourteen; and WHEREAS, Mr. Smith was instrumental in the planning and installation of the regionally integrated 800 Megahertz Trunking Radio System in conjunction with Richmond and Henrico County; and WHEREAS, Mr. Smith oversaw the installation of the county's Mobile Data System providing instant access to information for Police and Fire personnel; and WHEREAS, Mr. Smith was selected as the Department of General Services' Employee of the Year for the years 1988 and 1992, based on his performance of duty, the superb efficiency demonstrated, his technical and supervisory talents and the always operational communications system; and WHEREAS, Mr. Smith always performed his duties and responsibilities in a professional manner and placed the welfare and safety of citizens and fellow county employees above his own personal comfort and feelings and will be missed by his fellow co-workers and customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Gerard W. Smith and extends appreciation for his twenty years of dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.l.j. RECOGNIZING MS. REBECCA MARIE CHAPIN UPON ATTAINING THE GO~ AWARD On motion of Mr. King, seconded by Mr. Barber, the Board adopted the following resolution: 05-555 07/27/05 WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold ,~ward is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Ms. Rebecca Marie Chapin, Troop 586, sponsored by Beulah United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible ci tizenship, and priding herself on the great accomplishments of her country, Rebecca 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 recognizes Ms. Rebecca Marie Chapin, extends congratulations on her attainment of the Gold Award and acknowledges ,the good fortune of the county to have such an outstanding young woman as one of its citizens. -' Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.2. SET PUBLIC HEARING DATES 8.D.2.a. TO CONSIDER AMENDING SECTION 17-73 OF THE SUBDIVISION ORDINANCE RELATING TO STANDARDS FOR PAVING OF STREETS AND ACCEPTANCE INTO THE STATE SYSTEM On motion of Mr. King, seconded by Mr. Barber, the Board set the date of August 24, 2005 at 7:00 p.m. for a public hearing to consider amending Section l7-73 of the Subdivision Ordinance relating to standards for paving of streets and acceptance into the state system. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. - 8 . D. 2. b. TO CONSIDER PROPOSED MINOR AMENDMENTS TO THE CHESAPEAKE BAY PRESERVATION ORDINANCE OF THE ZONING ORDINANCE On motion of Mr. King, seconded by Mr. Barber, the Board set the date of August 24, 2005 at 7:00 p.m. for a public hearing 05-556 07/27/05 to consider amendments to Sections 19-25, 19-232, 19-233, 19- 236 and 29-301 of the County Code relative to preservation of Chesapeake Bay. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. - 8.D.2.c. TO CONSIDER AMENDING SECTIONS 19-185, 19-192, 19-195, 19-199, AND 19-523 OF THE COUNTY CODE RELATING TO SETBACKS IN INDUSTRIAL ZONED DISTRICTS On motion of Mr. King, seconded by Mr. Barber, the Board set the date of August 24, 2005 at 7:00 p.m. for a public hearing to consider amendments to Sections 19-185, 19-192, 19-195, 19-199 and 19-523 of the County Code relating to setbacks in Industrial Zoned Districts. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.3. APPROVAL OF FY2006 CHESTERFIELD COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT On motion of Mr. King, approved the FY2 006 Chesterfield Community Department of Mental Substance Abuse Services. seconded by Mr. Barber, the Board performance contract between the Services Board and the Virginia Health, Mental Retardation, and Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.4. STATE ROAD ACCEPTANCE On motion of Mr. King, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 05-557 07/27/05 Type Chanae to the Secondary SYStem of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Duxton · Duxton Drive, State Route Number: 5698 From: Longmeadow Cr., (Rt. 5131) To: Duxton Ct., (Rt. 5697), a distance of: 0.10 miles. Right-of-way record was filed on 5/16/2002 with the Office Of Clerk To Circuit Court in Pb. 126, Pg 26, with a width of 50 Ft. · Duxton Drive, State Route Number: 5698 From: Duxton Ct., (Rt. 5697) To: Cul-de-sac, a distance of: 0.09 miles. Right-of-way record was filed on 5/16/2002 with the Office Of Clerk To Circuit Court in Pb. 126, Pg 26, with a width of 50 Ft. · Duxton Court, State Route Number: 5697 From: Duxton Dr., (Rt. 5698) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 5/16/2002 with the Office Of Clerk To Circuit Court in Pb. 126. Pg 26, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivisio~ Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chanae to the Secondary System of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1·229 05-558 07/27/05 Project: Wlnfrees Colony · Winfree Street, State Route Number: 1515 From: Daniels St., (Rt. 1546) To: Winfree Cr., (Rt. 4399), a distance of: 0.06 miles. Right-of-way record was filed on 5m1997 with the Office Of Clerk To Circuit Court in Pb. 94, Pg. 11, with a width of 50 Ft. · Winfree Street, State Route Number: 1515 From: Winfree Cr., (Rt. 4399) To: Cul-de-sac, a distance of: 0.11 miles. Right-of-way record was filed on 5m1997 with the Office Of Clerk To Circuit Court in Pb. 94, Pg. 11, with a width of 50 Ft. · Winfree Circle, State Route Number: 4399 From: Winfree St., (Rt. 1515) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 5n/1997 with the Office Of Clerk To Circuit Court in Pb. 94, Pg. 11, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. .....-,. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe ChanGe to the Secondarv System of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Burray at The Highlands . Burray Road, State Route Number: 5184 05-559 07/27/05 From: 0.06 mi. N of Highland Glen Dr., (Rt. 5160) To: Surray Ct, (Rt. 5884), a distance of: 0.27 miles. Right-of-way record was filed on 1/14/2004 with the Office Of Clerk To Circuit Court in Pb.140, Pg. 47, with a width of 50 Ft. . Burray Court, State Route Number: 5884 From: Surray Rd., (Rt. 5184) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 1/14/2004 with the Office Of Clerk To Circuit Court in Pb.140, Pg. 47, with a width of 50 Ft. . Burray Road, State Route Number: 5184 From: Surray Ct., (Rt. 5884) To: Cul-de-sac, a distance of: 0.23 miles. Right-of-way record was filed on 1/14/2004 with the Office Of Clerk To Circuit Court in Pb.140, Pg. 47, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of -' NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportat.ion to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivisio!l Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of rrransportation. Twe Chanae to the Secondary SyStem of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Lyndenwood at The Highlands . Macandrew Place, State Route Number: 5905 From: Macandrew Ln., (Rt. 5685) To: Cul-de-sac, a distance of: 0.18 miles. 05-560 07/27/05 Right-of-way record was filed on 9/24/2003 with the Office Of Clerk To Circuit Court in Pb. 137, Pg. 11, with a width of 50 Ft. · Macandrew Lane, State Route Number: 5685 From: 0.06 mi. W of Macandrew Pl., (Rt. 5905) To: Macandrew Ct., (Rt. 5906), a distance of: 0.17 miles. Right-of-way record was filed on 9/24/2003 with the Office Of Clerk To Circuit Court in Pb. 137, Pg. 11, with a width of 50 Ft. · Macandrew Court, State Route Number: 5906 From: Macandrew Ln., (Rt. 5685) To: Cul-de-sac, a distance of: 0.17 miles. Right-of-way record was filed on 9/24/2003 with the Office Of Clerk To Circuit Court in Pb. 137, Pg. 11, with a width of 50 Ft. · Macandrew Lane, State Route Number: 5685 From: Macandrew Ct., (Rt. 5906) To: 0.05 mi. NW of Macandrew Ct., (Rt. 5906), a distance of: 0.05 miles. Right-of-way record was filed on 9/24/2003 with the Office Of Clerk To Circuit Court in Pb. 137, Pg. 11, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets recorded in the Clerk's Chesterfield County; and described below are shown on plats Office of the Circuit Court of WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. ,- AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chanae to the Secondarv System of State Hlahwavs: Addition Basis for Change: Addition, Access Project (Industrial, §33.1-221) Statutory Reference: §33.1-229, 133.1-221 Project: Oaklake Business Center, Phase 1 . Oak Lake Boulevard, State Route Number: 5903 From: Genito Rd., (Rt. 604) 05-561 07/27/05 To: 0.34 mL N of Genito Ad., (At 604). a distance of: 0,,34 miles. Right-of-way record was filed on 11/14/1996 with the Office Of Clerk To Circuit Court in Db. 2362 Pg. 960, Db. 2959, Pg. 258, with a width of 80 Ft. . Oak Lake Boulevard, State Route Number: 5903 From: 0.34 mi. N of Genito Ad., (Rt. 604) To: Oak Lake Ct., (Rt. 5904), a distance of: 0.15 miles Right-of-way record was filed on 11/14/1996 with the Office Of Clerk To Circuit Court in Db. 2362 Pg. 960, Db. 2959, Pg. 258, with a width of 80 Ft. . Oak Lake Court, State Route Number: 5904 From: Oak Lake Blvd., (Rt 5903) To: Cul-de-sac, a distance of: 0.15 miles. Right-of-way record was filed on 11/14/1996 with the Office Of Clerk To Circuit Court in Db. 2362 Pg. 960, Db. 2959, Pg. 258. with a width of 60 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transpor1:ation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virgini~, and the Department's Subdivision~ Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chanae to the Secondarv System of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Rivers Trace, Section D . Pypers Polnte Drive, State Route Number: 4756 From: 0.06 mi. S of Corte Castle Rd., (At 4757) To: St Audries Dr., (At. 5899), a distance of: 0.27 miles. 05-562 07/27/05 Right-of-way record was filed on 11/612003 with the Office Of Clerk To Circuit Court in Pb. 138, Pg. 89, with a width of 50 Ft. · St. Audrles Drive, State Route Number: 5899 From: Pypers Pointe Dr., (Rt. 4756) To: Temporary Cul-de-sac, a distance of: 0.03 miles. - Right-of-way record was filed on 11/612003 with the Office Of Clerk To Circuit Court in Pb. 138, Pg. 89, with a width of 50 Ft. · Pypers Polnte Drive, State Route Number: 4756 From: St. Audries Dr., (Rt. 5899) To: Temp. Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 11/612003 with the Office Of Clerk To Circuit Court in Pb. 138, Pg. 89, with a width of 50 Ft. · Deviln Drive, State Route Number: 4443 From: 0.16 mi. S of Corte Castle Rd., (Rt. 4757) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 11/612003 with the Office Of Clerk To Circuit Court in Pb. 138, Pg. 89, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the street recorded in the Clerk's Chesterfield County; and described below is shown on plats Office of the Circuit Court of WHEREAS, the Resident Engineer for Department of Transportation has advised street meets the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. .~ AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TVDe Chanae to the Secondarv Svstem of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Tanner Village, Section B, remainder of 05-563 07/27/05 · Jeffries Terrace, State Route Number: 5883 From: .06 mi. W of Jeffries Wy., (Rt. 5842) To: Cul-de-sac, a distance of: 0.01 miles. Right-ot-way record was filed on 5/21/2004 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 3, with a width of 120 Ft. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.5. APPROVAL OF UTILITY CONTRACT FOR BERDAHL VALLEY - SECTION A On motion of Mr. King I seconded by Mr. Barber, the Board approved the following utility contract for Bendahl Valley - Section A, Contract Number 04-0128: Developer: Ben Val Development Company, LLC Contractor: R. J. Smith Construction Inc. Contract Amount: Estimated County Cost for Oversizing Estimated County Cost for Offsite. Estimated Developer Cost Estimated Total. . . . . . $l7,664.00 $22,755.00 $360,368.29 ~?400, 787.29 Code: Refunds thru Connections - Oversizing Refunds thru Connections - Offsite 5N-572VO-E4C 5N-572VO-E4D (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.6. ACCEPTANCE AND APPROPRIATION OF FUNDS FROM DEPARTMENT OF ENVIRONMENTAL QUALITY; APPROPRIATION OF CONSTRUCTION FUNDS AND APPROVAL OF CONSTRUCTION CONTRACT FOR NENA GROVE LANE (FORMERLY CARVER HEIGHTS DRIVE) WATER IMPROVEMENTS PROJECT On motion of Mr. King, seconded by Mr. Barber, the Board awarded a construction contract in the amount of $52,668 to Perkinson Construction, LLC for the 5911 Nena Grove Lane Water Improvements Project; accepted and appropriated $26,334 from the Department of Environmental Quality for a contribution to the project; appropriated $30,000 from the Utilities water fund balance to 5H-58350-940127E; and authorized the County Administrator to execute all necessary documents. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-564 07/27/05 S . D. 7. APPROVAL OF LEASES OF PROPERTY 8.D.7.b. FOR THE OFFICE OF SOCIAL SERVICES - On motion of Mr. King, seconded by Mr. Barber, the Board approved a lease wi th CS Development Company, Incorporated for 3304 square feet of office space at 9854 Lori Road, for the Department of Social Services, and authorized the County Administrator to execute the lease agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board. ) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. S.D.S. REQUESTS FOR PERMISSION 8 . D. 8 . a. FROM ANTHONY CLARK, SR. FOR A PROPOSED SHED TO ENCROACH WITHIN A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS LOT 10, CHESTER GROVE, SECTION A On motion of Mr. King, seconded by Mr. Barber, the Board approved a request from Anthony Clark, Sr. for permission for a proposed shed to encroach wi thin a portion of a 16-foot sewer easement across Lot 10, Chester Grove, Section A, subj ect to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.S.b. FROM ROBERT ALAN WEINSTEIN AND VIRG~NIA SEIDEL WEINSTEIN FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 40, TANNER VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. King, seconded by Mr. Barber, the Board approved a request from Robert Alan Weinstein and Virginia Seidel Weinstein for permission for a proposed fence to encroach four feet into a 16-foot drainage easement across Lot 40, Tanner Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8 . D. 8 . c. FROM MICHAEL J. AND FAITH A. CRANSTON FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 35, TANNER VILLAGE, SECTION A AT CHARTER COLONY - On motion of Mr. King, seconded by Mr. Barber, the Board approved a request from Michael J. Cranston and Faith A. Cranston for permission for an existing fence to encroach three feet into a 16-foot drainage easement across Lot 35, Tanner Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-565 07/27/05 8.D.8.d. FROM GARRETT W. AND ERIN S. NOEGEL FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 32, TANNER VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. King seconded by Mr. Barber, the Board approved a request from Garrett W. Noegel and Erin S. Noegel for permission for an existing fence to encroach four feet into a 16-foot drainage easement across Lot 32, Tanner Village, Section A at Charter Colony, subject to the execution of a license agreement. (It. is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.8.e. FROM PBR ENTERPRISES LLC TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON MEMORY LANE On motion of Mr. King, seconded by Mr. Barber J the Board approved a request from PBR Enterprises LLC for permission to install a private sewer service within a private easement to serve property at 10310 Memory Lane, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. D. 8 . f . FROM GREGORY T. AND KAREN J. SNIDOW FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 49, MALLORY VILLAGE, SECTION A AT CHARTER COLONY -' On motion of Mr. King, seconded by Mr. Barber, the Board approved a request from Gregory T. Snidow and Karen J. Snidow for permission for a proposed fence to encroach within a 16- foot drainage easement across Lot 49, Mallory Village, Section A at Charter Colony, subject to the execut:ion of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Hurrvhrey, Miller and Warren. Nays: None. 8. D. 8 . g. FROM MARK J. AND KIMBERLY H. SOWERS FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 52, MALLORY VILLAGE, SECTION A AT CHARTER COLONY - On motion of Mr. King, seconded by l'1r. Barber, the Board approved a request from Mark J. Sowers and Kimberly H. Sowers for permission for a fence to encroach within a 16-foot drainage easement across Lot 52, Mallory Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-566 07/27/05 8.D.8.h. FROM FIRST STATES INVESTORS 3099, LLC FOR A PROPOSED SIGN TO ENCROACH WITHIN A SIXTEEN-FOOT WATER EASEMENT ACROSS ITS PROPERTY ON MIDLOTHIAN TURNPIKE On motion of Mr. King, seconded by Mr. Barber, the Board approved a request from First States Investors 3099, LLC for permission for a proposed sign to encroach within a 16-foot water easement across its property at 13710 Midlothian Turnpike, subj ect to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of thi s Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.8.i. FROM CHESTER MEDICAL OFFICE CENTER ASSOCIATION FOR A SIGN TO ENCROACH WITHIN A FIFTEEN-FOOT WATER EASEMENT ACROSS ITS PROPERTY On motion of Mr. King, seconded by Mr. Barber, the Board approved a request from Chester Medical Office Center Association for permission for a sign to encroach within a 15-foot water easement across its property, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.9. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT WATER EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT (PUBLIC) ACROSS PROPERTY OF WAL-MART REAL ESTATE BUSINESS TRUST On motion of Mr. King, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot water easement and a 16-foot drainage easement (public) across the property of Wal-Mart Real Estate Business Trust. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.l0. ACCEPTANCE OF PARCELS OF LAND 8 . D .10. a. ADJACENT TO THE NORTH RIGHT OF WAY LINE OF COGBILL ROAD FROM H. WAYNE AND TERESA J. HAMLETT On motion of Mr. King, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.012 acres adjacent to the north right of way line of Cogbill Road from H. Wayne Hamlett and Teresa J. Hamlett, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-567 07/27/05 8.D.l0.b. EXTENDING EAST FROM SPRINGFORD PARKWAY FROM WESTBRIDGE DEVELOPMENT, INCORPORATED On motion of Mr. King, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 3.25 acres extending east from Springford Parkway (State Route 659) from Westbridge Development, Incorporated, and authorized the County A,dministrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.ll. TRANSFER/DONATION OF DISTRICT IMPROVEMENT FUNDS 8.D.ll.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE POLICE AND PARKS AND RECREATION DEPARTMENTS AND TO THE SCHOOL BOARD TO DEFRAY THE COSTS OF THE MIDLOTHIAN VILLAGE DAY FESTIVAL On motion of Mr. King, seconded by Mr. Barber. the Board transferred $2,040 from the Midlothian District Improvement Fund to the Police and Parks and Recreation Departments and to the School Board to rent space and equipment and to provide services for the Midlothian Village Day Festival. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.D.ll.b. FROM THE BERMUDA AND MATOACA DISTRICT IMPROVEMENT FUNDS TO THE SHEPHERD'S CENTER OF CHESTERFIELD On motion of Mr. King, seconded by Mr. Barber, the Board donated $3,000 each from the Bermuda and Matoaca District Improvement Funds (total of $6,000) to The Shepherd's Center of Chesterfield. Ayes: Barber, King, Hu~~hrey, Miller and Warren. Nays: None. 8.D.ll.c. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE HENRICUS FOUNDATION TO OFFSET THE COST OF PROVIDING A SHUTTLE SERVICE FOR HENRICUS PUBLICK DAYS On motion of Mr. King, seconded by Mr. Barber, the Board donated $1,500 each from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds (total of $7,500) to the Henricus Foundation to offset the cost of providing a shuttle service for Henricus Publick Days. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. D .12. APPROVAL OF ALLOCATION FROM THE UTILITY INDUCEMENT FUND TO PAY FOR EXTENDING EXISTING PUBLIC WASTEWATER LINES TO ACCOMMODATE FUTURE DEVELOPMENT OF MEADOWVILLE TECHNOLOGY PARK AND APPROVAL OF CONSTRUCTION CONTRACT TO G. L. HOWARD, INCORPORATED On motion of Mr. King, seconded by Mr. Barber, approved a $475,000 allocation from the Utility the Board Inducement 05-568 07/27/05 Fund to design and install the wastewater lines to properties on the south side of Meadowville Road; waived the requirement that the economic development prospect post a performance bond to guarantee repayment to the county and the requirement that the county's share of the total cost does not exceed 75 percent; awarded a construction contract to G. L. Howard, Incorporated for County Project 00-0166; and authorized the County Administrator to execute any necessary documents. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 9 . HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS o CLAIM OF VIKING ENTERPRISE, INCORPORATED FOR $86,531 IN ADDITIONAL COMPENSATION FOR THE RIVER'S BEND FIRE STATION CONSTRUCTION CONTRACT Mr. Stylian Parthemos, Senior Assistant County Attorney, stated Viking Enterprise, Incorporated is seeking $86,531 in additional compensation for construction of the River's Bend Fire Station because its concrete subcontractor, Nordic Construction, had to pour the concrete for the fire station apparatus bay twice due to a deficient original pour, which did not meet contract requirements. He provided a video presentation of a properly constructed fire station apparatus bay. He stated the county's specifications for fire stations require the concrete to be poured and finished in accordance wi th professional standards, which ensure a smooth finish. He further stated these procedures require the subcontractor to work freshly poured concrete before it hardens both with machines and by hand to ensure that the surface is level and smooth. He stated, when the apparatus bay floor at River's Bend was first poured in July 2003, the subcontractor did not work the freshly poured concrete until after it had begun to harden, which prevented the concrete from being properly finished. He provided a video presentation of the improperly poured concrete and unevenness of the drain. He stated Viking never disputed that there were problems with the pour and requested an opportunity to repair the concrete without having to re-pour it. He provided a video presentation of a section of the concrete that Viking attempted to repair. He stated the concrete had to be torn out and replaced, the second pour was installed properly, and the project is essentially complete. He stated staff is recommending denial of Viking's claim. Discussion ensued relative to constructed by Viking Enterprises. other county projects In response to Mrs. Humphrey's question, Mr. parthemos stated employees from both Construction Management and the Fire Department were present when the concrete was poured and they recognized almost immediately that the pour was not going well. Questions and comments ensued relative to the reason the concrete may have begun to harden before the contractor began to work it. Mr. Yancey Snavely stated Viking Enterprises does not want to pursue its claim through court proceedings. He noted that 05-569 07/27/05 the video presentation provided by Mr. parthemos of a properly prepared floor was misleading because the floor had been sealed and the River's Bend concrete slab had not. He stated Viking acknowledged that there was a problem with the finish and wanted to use a product and method wi thin the specification book for repairs, but before they had an opportunity to suggest it, the slab had been rejected and Viking had been told to remove it. He further stated the county was unwilling to allow Viking to fix the concrete using a specified method of repair. He stated, if the county wanted Viking to remove and replace the concrete, they were willing to do so, but they should be reimbursed for the difference between replacing and repairing it. Discussion ensued relative to the reason Viking did not refuse the county's re~lest to replace the concrete. Mr. Barber stated he believes the claim process should continue and the issue should be resolved in a court of law, indicating that he is uncomfortable making a decision with his limited knowledge of the construction business. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board denied the claim of Viking Enterprise, Incorporated for $86,531 in additional compensation for the River's Bend Fire Station construction contract. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 10. REPORTS 10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 10.C. ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM 10.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION ON VA 1084 K COMMONWEALTH CENTER, COMMUNICATIONS TOWER (CASE 05PD0359) On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and a Report of the Planning Commission's Substantial Accord determination on VA 1084 K Commonwealth Center, Communications Tower (Case 05PD0359) . And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH FOREST LAKE, SECTION C (Effective 5/20/2005) Lake Tree Drive (Route 5780) - From Wind~narsh Court (Route 5781) to Laughter Lane (Route 859) 0.14 Mi. 05-570 07/27/05 Lake Tree Drive (Route 5780) - From 0.01 mile south of Nile Road (Route 1565) to Sweetberry Court (Route 5782) Lake Tree Drive (Route 5780) - From Sweetberry Court (Route 5782) to Windymarsh Court (Route 5781) .-.. Lake Tree Drive (Route 5780) - From Laughter Lane (Route 859) to Cul-de-sac Laughter Court (Route 5779) - From Laughter Lane (Route 859) to Cul-de-sac Laughter Lane (Route 859) - From Yoko Court (Route 4432) to Laughter Court (Route 5779) Laughter Lane (Route 859) - From Laughter Court (Route 5779) to Laketree Drive (Route 5780) Nile Road (Route 1565) - From Forest Lake Road (Route 859) to Laketree Drive (Route 5780) Sweetberry Court (Route 5782) - From Laketree Drive (Route 5780) to Cul-de-sac Windy Marsh Court (Route 5781) - From Laketree Drive (Route 5780) to Cul-de-sac HAMPTON PARK, SECTION 14 (Effective 5/20/2005) Hampton Chase Way (Route 5821) - From Hampton Green Drive (Route 5383) to 0.08 mile north of Hampton Green Drive (Route 5383) Hampton Green Drive (Route 5383) - From Hampton Chase Way (Route 5821) to Hampton Springs Road (Route 5674) Hampton Green Drive (Route 5383) - From Hampton Green Drive (Route 5383) to Hampton Chase Way (Route 5821) QUALLA FARMS, SECTION F (Effective 5/20/2005) Charter Oak Drive (Route 5722) - From Dunroming Road (Route 5726) to Cul-de-sac Charter Oak Drive (Route 5722) - From Stockport Drive (Route 5721) to Dunroming Road (Route 5726) Dunroming Road (Route 5726) - From Charter Oak Drive (Route 5722) to 0.09 mile east of Charter Oak Drive (Route 5722) Stockport Court (Route 5724) - From Stockport Drive (Route 5721) to Cul-de-sac Stockport Drive (Route 5721) - From Qualla Road (Route 653) to Charter Oak Drive (Route 5722) 05-571 0.07 Mi. 0.05 Mi. 0.10 Mi. 0.03 Mi. 0.04 Mi. 0.07 Mi. 0.20 Mi. 0.04 Mi. 0.04 Mi. 0.08 Mi. 0.07 Mi. 0.18 Mi. 0.09 Mi. 0.13 Mi. 0.09 Mi. 0.03 Mi. 0.25 Mi. 07/27/05 Stockport Drive (Route ~;721) - From Charter Oak Drive (Route 5722) to 0.06 mile east of Charter Oak Drive (Route 5722) Stockport Place (Route 5723) - From Stockport Drive (Route 5721) to Cul-de-sac Stockport Turn (Route 5725) - From Stockport Drive (Route 5721) to Cul-de-sac STERLING COVER, SECTION_2 (Effective 5/27/2005) Colorstone Place (Route 5873) - From Sterling Cove Drive (Route 5198) to Cul-de-sac Sterling Cove Drive (Route 5198) - From Sterling Cove Place (Route 5871) to Sterling Tide Court (Route 5872) Sterling Cove Drive (Route 5198) - Prom Colors tone place (Route 5873) to 0.07 mile east of Colorstone Place (Route 5873) Sterling Cove Drive (Route 5198) - From Sterling Tide Court (Route 5872) to Colorstone place (Route 5873) Sterling Cove Place (Route 5871) - Prom Sterling Cove Drive (Route 5198) to Cul-de-sac Sterling Tide Court (Route 5872) - From Sterling Cove Drive (Route 5198) to Cul-de-sac TREDEGAR LAKE PARKWAY (Effective 5/20/2005) Tredegar Lake Parkway (Route 5870) - From Charter Colony Parkway (Route 754) to 0.02 mile east of Charter Colony Parkway (Route 754) Tredegar Lake Parkway (Route 5870) - From 0.02 mile east of Charter Colony Parkway (Route 754) to existing Waterford Lake Drive (Route 4535) SOUTHCREEK, SECTION 7 (Effective 6/30/2005) Pleasant Creek Court (Route 5877) - From Pleasant Creek Drive (Route 5566) to Cul-de-sac Pleasant Creek Drive (Route 5566) _. From Pleasant Creek Court (Route 5877) to 0.04 mile south of pleasant Creek Court (Route 5877) Pleasant Creek Drive (Route 5566) - From Woodland Hill Drive (Route 4071) to Pleasant Creek Place (Route 5875) Pleasant Creek Drive (Route 5566) - From pleasant Creek place (Route 5875) to Woodhugh PlacE~ (Route 5876) 05-572 0.06 Mi. 0.09 Mi. o . 08 Mi. o . 07 Mi. o . 02 Mi. 0.07 Mi. o . 10 Mi. o . 32 Mi. -' o . 12 Mi. o . 02 Mi. o . 35 Mi. o . 03 Mi. 0.04 Mi. o . 08 Mi. 0.16 Mi. 07/27/05 Pleasant Creek Drive (Route 5566) - From Woodhugh Place (Route 5876) to Pleasant Creek Court (Route 5877) Pleasant Creek Place (Route 5875) - From Pleasant Creek Drive (Route 5566) to Cul-de-sac Woodhugh Place (Route 5876) - From Pleasant Creek Drive (Route 5566) to Cul-de-sac STONEY GLEN SOUTH, SECTION 4 (Effective 6/17/2005) Delamere Drive (Route 5868) - From Faraday Drive (Route 5670) to Woodleigh Drive (Route 5668) Faraday Court (Route 5869) - From Faraday Drive (Route 5670) to Cul-de-sac Faraday Drive (Route 5670) - From Faraday Drive (Route 5670) to Faraday Court (Route 5869) Faraday Drive (Route 5670) - From Delamere Drive (Route 5868) to 0.03 mile east of Delamere Drive (Route 5868) Faraday Drive (Route 5670) - From Faraday Court (Route 5869) to Delamere Drive (Route 5868) Woodleigh Drive (Route 5668) - From Woodleigh Drive (Route 5668) to Delamere Drive (Route 5868) Woodleigh Drive (Route 5668) - From Delamere Drive (Route 5868) to 0.03 mile east of Delamere Drive (Route 5868) WOODS AT SUMMERFORD, SECTION A (Effective 6/15/2005) Orchid Court (Route 5838) - From Orchid Drive (Route 5837) to Cul-de-sac Orchid Drive (Route 5837) - From Orchid Terrace (Route 5839) to 0.02 mile east of Orchid Terrace (Route 5839) Orchid Drive (Route 5837) - From Orchid Court (Route 5838) to Orchid Terrace (Route 5839) þ.-,.. Orchid Drive (Route 5837) - From Prince James Drive (Route 5833) to Orchid Court (Route 5838) Orchid Terrace (Route 5839) - From Orchid Drive (Route 5837) to Cul-de-sac Prince James Court (Route 5835) - From Prince James Drive (Route 5833) to Cul-de-sac Prince James Drive (Route 5833) - From Spring ford Parkway (Route 5717) to Orchid Drive (Route 5837) 05-573 o . 07 Mi. o . 03 Mi. o . 03 Mi. 0.18 Mi. 0.06 Mi. o . 03 Mi. o . 03 Mi. 0.03 Mi. o . 09 Mi. o . 03 Mi. o . 03 Mi. o . 02 Mi. 0.07 Mi. o . 08 Mi. o . 05 Mi. 0.03 Mi. o . 06 Mi. 07/27/05 --~----_..__... Prince James Drive (Route 5833) - From Prince James Court (Route 5835) to Prince James Terrace (Route 5836) 0.06 Mi. Prince James Drive (Route 5833) - From Prince James Terrace (Route 5836) to 0.03 mile east of Prince James Terrace (Route 5836) 0.03 Mi. Prince James Drive (Route 5833) - From Prince James Place (Route 5834) to Prince James Court (Route 5835) 0.08 Mi. Prince James Drive (Route 5833) - From Orchid Drive (Route 5837) to Prince James PlacE~ (Route 5834) o . 02 Mi. Prince James Place (Route 5834) - From Prince James Drive (Route 5833) to Cul-de--sac o . 08 Mi. Prince James Terrace (Route 5836) - From Prince James Drive (Route 5833) to Cul-de-sac o . 13 Mi. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL ON SPECIFIC LEGAL MATTERS REGARDING AN ALLEGATION OF A REGULATION OF INTERSTATE COMMERCE AT A PRIVATE LANDFILL LOCATED IN THE COUNTY On motion of Mr. Miller, seconded by Mr. King, the Board went into Closed Session pursuant to Section 2.2-3711(A) (7), Code of Virginia, 1950, as amended, for consultation with legal counsel on specific legal matters regarding an allegation of a regulation of interstate commerce at a private landfill located in the county. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Reconvening: On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best. of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which 05-574 07/27/05 this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. Warren: Mr. Miller: Mrs. Humphrey: Mr. King: Mr. Barber: Aye. Aye. Aye. Aye. Aye. 12. DINNER On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board recessed to the Administration Building, Room 502 for dinner. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Reconvening: ..",..... Deputy Chief Graham provided details of the mutual aid provided by Chesterfield's Fire and Emergency Medical Services Department for heat related injuries at the Boy Scout Jamboree at Fort A.P. Hill in Caroline County. 13. INVOCATION Reverend Lee Ellison, Pastor of Mount Hermon Baptist Church gave the invocation, which included a moment of silence for the scout leaders who died as a result of a tragic accident at the Boy Scout Jamboree. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Kevin Irby led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS 15.A. RECOGNIZING MS. FRANCES B. DANIEL, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT Ms. Kizzie introduced Ms. Frances Daniel who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Frances B. Daniel began her career at the Chesterfield-Colonial Heights Department of Social Services on August 21, 1969 and has been a dedicated and loyal employee for 36 years; and 05-575 07/27/05 ,.-----...---- WHEREAS, Ms. Daniel has excelled in providing outstanding customer service to the agency's many customers and the citizens of Chesterfield County and Colonial Heights; and WHEREAS, in addition to providing administrative to the Assistant Director of Benefit Programs, Ms. performed many other duties on behalf of the department; and support Daniel entire WHEREAS, department's valued member Ms. Daniel served as secretary of Quali ty Council, and also participated of many agency goal groups; and the as a WHEREAS, Ms. Daniel represented the agency as a volunteer with the American Heart Walk; and WHEREAS, Ms. Daniel will take with her a vast knowledge of the history of the Social Services Department and its extensive changes and growth over the YE~ars. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of July 2005, publicly recognizes the outstanding contributions of Ms. Frances B. Daniel, expresses the appreciation of all residents for her service to the county and offers congratulations upon her retirement. AND, BE IT FURTHER RESOLVED that a copy of resolution be presented to Ms. Daniel and that resolution be permanently recorded among the papers of Board of Supervisors of Chesterfield County, Virginia. the this this Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. Miller presented the executed resolution and a Jefferson Cup to Ms. Daniel, accompanied by members of her family, expressed appreciation for her dedicated service, and congratulated her on her retirement. Ms. Daniel expressed appreciation to the Board for the recognition and stated it has been a privilege to work for the county. 15. B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 15.B.l. MR. CHRISTOPHER DAVIS, MIDLOTHIAN DISTRICT 15.B.2. MR. ELLIOT MEEK, MIDLOTHIAN DISTRICT 15.B.3. MR. KEVIN IRBY, MIDLOTHIAN DISTRICT 15.B.4. MR. KEVIN LEAHY, MIDLOTHIAN DISTRICT 15.B.5. MR. JOSEPH LOEFFLER, CLOVER HILL DISTRICT 15.B.6. MR. MICHAEL P. BAKER, MIDLOTHIAN DISTRICT Mr. Golden introduced Mr. Christopher Davis, Mr. Elliot Meek, Mr. Kevin Irby, Mr. Kevin Leahy, Mr. Joseph Loeffler and Mr. Michael Baker.. who were present to recei VI: the resolutions. 05-576 07/27/05 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and -- WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Elliot R. Meek, Mr. Christopher H. Davis, Mr. Kevin Daniel Irby, Mr. Joseph Edward Loeffler, Mr. Kevin Leahy and Mr. Michael P. Baker, all of Troop 876, sponsored by Mount Pisgah United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Elliot, Chris, Kevin, Joey, Kevin and Michael have distinguished themselves as members 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, this 27th day of July 2005, hereby extends its congratulations to Mr. Elliot R. Meek, Mr. Christopher H. Davis, Mr. Kevin Daniel Irby, Mr. Joseph Edward Loeffler, Mr. Kevin Leahy and Mr. Michael P. Baker, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. Barber presented the executed resolutions and patches to Mr. Davis, Mr. Meek, Mr. Irby, Mr. Leahy, Mr. Loeffler and Mr. Baker, accompanied by members of their families, congratulated them on their outstanding achievement, and wished them well in their future endeavors. Each of the Eagle Scouts introduced their family members and provided details of their Eagle Scout project. 15.C. RECOGNIZING THE THOMAS DALE HIGH SCHOOL BOYS VARSITY SOCCER TEAM FOR ITS OUTSTANDING ACCOMPLISHMENTS Mr. Golden introduced Coach Mark Fowler and members of the Thomas Dale High School Boys Varsi ty Soccer Team, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: 05-577 07/27/05 WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Mark Fowler, coach of the Thomas Dale High School Boys Varsity Soccer Team completed his eleventh year as coach and was named Central District, Central Region, Tri- City and State Triple A Coach of the Year; and WHEREAS, under the guidance and direction of Coach Fowler and his staff, the 2005 Thomas Dale Knights finished the season with an overall record of 24-0; and WHEREAS, the Thomas Dale Knights were the Central District Regular Season Champions; and WHEREAS, the Knights were the Central Region Champions; and WHEREAS, the Thomas Dale Knights were the State AAA Boys Soccer Champions; and WHEREAS, the Knights were also awarded the State AAA Sportsmanship Award. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of July 2005, publicly recognizes the Thomas Dale High School Boys Varsity Soccer Team for it.s outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors, on behalf of the citizens of Chesterfield County, commends the 2005 Thomas Dale Knights for their commitment to excellence and sportsmanship and expresses their best wishes for continued success. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. King presented executed resolutions to Coach Fowler and members of the soccer team, congratulated them on their outstanding accomplishments, and wished them well in their future endeavors. Coach Fowler and members of the team expressed appreciation to the Board for the recognition and also to family members and others for their support. 16. REQUESTS FOR MANUFACTURED 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 XS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT "- THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 05SR0171 In Matoaca Magisterial District, TIMOTHY J. HAULER requests renewal of Conditional Use (Case 03AN0226) and amendment of zoning district map for a bed and breakfast and a special 05-578 07/27/05 events business operated incidental to a dwelling unit. The density of such amendment will be controlled by zoning condi tions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use on 1-5 acre lots; suited to R-88 zoning. This request lies in an Agricultural (A) District on 14.5 acres and is known as 6100 Woodpecker Road. Tax ID 781-626-8240 (Sheet 41). Mr. Turner stated the applicant has requested a deferral until January 25, 2006. Due to someone being present to speak to the deferral request, it was moved to later in the agenda. 05SN0269 In Bermuda Magisterial District, CHARLENE OLIVER-DOWNS requests Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-25) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1- 5 acre lots, suited to R-88 zoning. This request lies on l.l acres and is known as 7113 Creekbluff Ridge Drive. Tax ID 771-644-7316 (Sheet 33) . Mr. Turner presented a summary of Case 05SN0269 and stated staff recommends that the Board defer the request until August 24, 2005 because the Planning Commission deferred action until August 16, 2005. No one was present representing the applicant. Mr. Turner stated the applicant was aware of the deferral request and was in concurrence. Mr. Barber called for public comment on the deferral. No one came forward to speak to the deferral. On motion of Mr. King, seconded by Mr. Miller, the Board deferred Case 05SN0269 until August 24, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SN0188 In Clover Hill Magisterial District, ATLANTIC HOMES LLC requests rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential Townhouse (R-TH) with Conditional Use Planned Development to allow exceptions to Ordinance requirements. Residential use of up to eight (8) units per acre is permitted in a Residential Townhouse (R-TH) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 uni ts per acre. This request lies on 32.9 acres fronting approximately 2,300 feet on the east line and approximately 500 feet on the west line of pocoshock Boulevard; also fronting in three (3) places, for a total of approximately 450 feet on the south line of Elkhardt Road and 05-579 07/27/05 .____-.u_......-.______...___ located in the southeast intersection of these roads. and southwest quadrants of the Tax ID 762-700-4422 (Sheet 7). Mr. Turner presented a summary of Case 05SN0188 and stated the Planning Commission and staff recolmnend approval of the rezoning request subj ect to one condition and acceptance of the proffered conditions. He further stated both staff and the Planning Commission recommend approval of the waiver of street connectivity. Ms. Ashley Harwell, representing the applicant, stated the recommendation is acceptable. In response to Mr. Barber's question, Ills. Harwell stated the request for waiver of street connectivity was primarily because of the negative impact it would have on drainage in the community. She further stated Chevelle Drive has no shoulders or traffic signals, and adding additional traffic onto this road would create a negative situation. She stated there are several alternate paths for emergency vehicles to access the proposed development wi thout connecting to existing roads. Mr. Barber called for public comment. No one came forward to speak to the request. Mr. Warren made a motion for the 05SN0188 subject to one condition proffered conditions. Board to approve and acceptance of Case the Mr. Barber requested that the Board consider the request for waiver of connectivity prior to voting on the rezoning request. Mr. Warren withdrew his original motion to approve the request for rezoning. Mr. Warren then made another motion, seconded by Mr. Miller, for the Board to waive the street connectivity requirements for Case 05SN0188. Mr. Barber expressed concerns relative to long-term issues wi th neighborhoods not being connected to one another. He stated drainage and road shoulder issues, as indicated by Ms. Harwell as reasons for the waiver request, should be addressed through zoning cases instead of waiving connectivity. He further stated that, because the proposed development is an age-restricted community, through traffic is an undesirable side effect of the development; therefore, he will support the waiver request. Mr. Barber then called for a vote on the motion of Mr. Warren, seconded by Mr. Miller, for the Board to waive street connectivity requirements for Case 05SN01B8. Ayes: Barber, King, Humphrey, Miller and 'iI~arren. Nays: None. Mr. Warren then made a motion, seconded by Mr. Miller, for the Board to approve Case 05SN0188 subject to the following condition: 05-580 07/27/05 The Textual Statement revised June 15, 2005, shall be considered the Master Plan. (P) And, further, the Board accepted the following proffered conditions: - The Owners and the Developer (the "Developer") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the property known as Chesterfield County Tax Identification Number 762-700-4422 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-TH with a Conditional Use Planned Development ("CUPD") is granted. In the event the request is denied or approved wi th condi tions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. 1. Utilities. Public water and wastewater systems shall be used. (U) 2. Timbering. Wi th the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 3. Drainage. The drainage system shall be designed in a manner that water shall be retained onsite and released at such a rate that: a. the manmade conveyance channels to Chevelle Drive are capable of containing a 10-year storm; b. the existing culverts beneath Chevelle Drive shall function in compliance with the current VDOT criteria for culverts under secondary roads; c. the 100-year storm shall not come within twenty- five (25) feet of any existing home located along Chevelle Drive; and d. no impervious areas shall sheet flow through Amber Heights. (EE) 4. Cash Proffer. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permit for each dwelling unit for infrastructure improvements within the service district for the property: a. $5,991 per dwelling unit if paid prior to July 1, 2005, or the amount approved by the Board of Supervisors, but not to exceed $5,991 per dwelling 05-581 07/27/05 .,~_...._-------_..._--- unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. At the time of payment, the $5,991 will be allocated pro-rata among the facility costs as follows: $786 for parks and recreation, $402 for library facilities, $4,380 for roads, and $423 for fire stations. Payments in excess of $5,991 shall be prorated as set forth above. b. Cash payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development t.hat are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the county. 5. Age Restriction. Dwelling un:l ts shall meet the occupancy requirements for "age 55 and over" housing as set forth in Section 3607 of the Fair Housing Act, 42 USC Section 3601 et. seq. as amended by the Fair Housing Amendments ,Act of 1988 and of 24 CFR Section 100.304 in effect as of the date of the rezoning and which are subj ect to the occupancy requirements that no person under 19 shall reside in each unit. (B&M) 6 . Density. 128. (P) The maximum number of dwelling units shall be 7. Dwelling Size. The dwelling units shall have a minimum gross floor area of 1,600 square feet. (P) --~ 8. Garages. Initially, a two (2) car garage containing a minimum gross floor area of 380 square feet shall be provided for each house. All garages shall be rear loaded from alleys. (P) 9. Building Materials. The houses and the clubhouse shall be constructed with brick, stone, hardiplank or vinyl siding. (P) 10. Buffers. All buffers shall be located wi thin recorded open space. (P) 11. Open Space, Recreation Areas and Focal Point. Open space shall be provided throughout the project. Further, the 1.2± acre area on the west side of Poco shock Boulevard adjacent to Tax ID 764-700-4599 shall be recorded as open space. Open space and recreational areas shall be developed with a clubhouse, park areas and trails, "hardscaping" and other amenities for use by the residents. A minimum of 2.5 acres of open space shall serve as a focal point and gathering place for the residents. The focal point area shall include, but not be limited to, a clubhouse facility containing a minimum of 3,000 gross square feet. and a BMP lake. The clubhouse shall be developed concurrent wi th the first phase of residential development. ~.-" 05-582 07/27/05 12. Children's Play Facilities. Playground equipment, play fields or other facilities designed for children's play shall not be permitted in the common open spaces. Adult facilities including, but not limited to, swimming pools, putting greens or shuffleboard may be permitted. ( P) ,....... 13. Driveways. All driveways shall be hardscaped. The exact treatment of driveways shall be approved at the time of tentative subdivision plan review. (P) 14. Alleys. Private alleys shall be provided for access to the rear of each dwelling unit. All alleys shall be hardscaped. The exact treatment shall be approved at the time of tentative subdivision plan review. (P) 15. Sidewalks. Sidewalks shall be provided along the side of public roads which have dwelling units fronting the road. (P) 16. Street Trees. Street trees shall be provided along both sides of all public roads internal to the development. ( P) 17. pocoshock Boulevard Improvements. To provide an adequate roadway system at the time of completed development, the Developer shall be responsible for the following: a. Construction of additional pavement along the Property frontage adjacent to Poco shock Boulevard at the approved accesses to provide left and right turn lanes, if warranted, based on Transportation Department standards; b. Measuring from the centerline of the existing pavement, widening/improving Pocoshock Boulevard to an eleven (11) foot wide travel lane, with an additional one (I) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder wi th modifications approved by the Transportation Department in the following locations: (1) where the Property abuts both sides of pocoshock Boulevard, improving both sides of pocoshock Boulevard, and (2) where the Property abuts only the east side of Pocoshock Boulevard, improving the east side of pocoshock Boulevard; c. Overlaying the entire width of the paved portion of Pocoshock Boulevard adjacent to the Property with one and one-half (1.5) inch of compacted bituminous asphalt concrete with modifications approved by the Transportation Department; and - d. Dedication to Chesterfield County, unrestricted, any additional right of easements) required for the improvements in this Proffered Condition. (T) free and way ( or identified 18. Right of Way Dedication. The following rights-of-way on the Property shall be dedicated, free and unrestricted, 05-583 07/27/05 to Chesterfield County in conjunction wi th recordation of the initial subdivision plat: a. Where the Property abuts both sides of pocoshock Boulevard, thirty-five (35) feet of right-of-way on both sides of pocoshock Boulevard measured from the centerline; b. Where the Property abuts only the east side of pocoshock Boulevard, thirty-five (35) feet of right-of-way on the east side of pocoshock Boulevard measured from the centerline; and c. Thirty-five (35) feet of right-of-way on the south side of Elkhardt Road measured from the centerline of that part of Elkhardt Road immediately adjacent to the Property frontage. (T) 19. Public Streets. All streets that accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. (P) 20. Access. There shall be no access or road connection from the Property to Lily Drive or Cheltenham Drive. No direct access shall be provided from the Property to Elkhardt Road. Direct access from the Property to pocoshock Boulevard shall be limited to two (2) public roads. The exact location of these accesse~s shall be approved by the Transportation Department. (T & P) 21. Stormwater Management/Best Management Practice (BMP) Basin. The stormwater management/BMP basin shall be designed with a fountain and a sidewalk, path or trail around it. (EE) -' 22. Restrictive Covenants. Prior to or concurrent with the recordation of any subdivision plat for the Property, there shall be recorded a document in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia setting forth at a minimum the following restrictive covenants: · Lampposts. feet in uniformly yard. A lamppost a maximum of twelve (12) height and of a uniform design and located shall be provided in each front · Recreational Vehicle Storage. Recreational vehicles, including but not limited to, boats, travel trailers, and campers, shall not be stored on the Property. · Fences. No fences shall be permitted in the front yard. Fencing shall not be located any closer to the front yard than two (2) fee1: from the front of the residential unit. Privacy fences shall be restricted to rear and side yard locations, a maximum of six (6) feet in height, and constructed of ~rJhite vinyl. No stockadE~ fences shall be permitted. -,,- 05-594 07/27/05 ,.-... ,...... · Accessory Buildings. No accessory buildings shall be erected, placed, or permitted on the Property. · Nuisance Activity. No noxious or offensive activity shall be conducted or permitted by any resident, which may be, or become, an annoyance or nuisance to the neighborhood. · Temporary Structures. No structure of a temporary character, trailer, tent, shack, garage, or other outbuilding shall be used at any time as a residence either temporarily or permanently. Any dwelling to be constructed on the Property shall be completed within one (1) year from the issue date of its building permit. · Commercial Trucks. No commercial trucks defined as having more than two axles and weighing greater than 4,000 pounds shall be parked overnight on the Property, except while loading or unloading. · Skateboard Platforms/Basketball Hoops. Skateboard platforms and basketball hoops are not allowed on the Property. · Antennae. Except as otherwise provided by applicable law, no television antenna, radio receiver or sender, satellite dish, or other similar device shall be attached to or installed on the exterior portion of any building or structure or any lot except that should cable television services be unavailable and good television reception not be otherwise available, a lot owner may make written application to the Association for permission to install such a device and such permission shall not be unreasonably withheld. · Signs. No sign of any kind shall be displayed to the public view on any yard except one professional sign of not more than five square feet advertising the property for sale, and one sign of not more than five square feet by a builder to advertise the property during the construction and sales period. · Animals. No animals, livestock, or poultry of kind shall be raised, bred, or kept on any except that dogs, cats, or other household pets be kept therein if they are not kept, bred, maintained for any commercial purposes. any lot may or · Trash. No part of the Property shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste after the construction work is completed. No rubbish, trash, garbage, and other waste shall be kept by any unit except in sanitary containers, and all equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No central dumpsters shall be permitted on the Property. Individual trash receptacles shall be stored in a manner such that they are screened from view of any public street. 05-585 07/27/05 · Laundry Facilities. All dwelling units shall have washer and dryer hookups. · Propane Tanks. No propane tanks, except for those used with outside grills, shall be permitted on the Property. · Roofs. Roof materials shall have a minimum twenty- five (25) year warranty and be of a dimensional style or design. No ceda:J::' shakes shall be permi t t~ed . · Dog Houses. Dog houses shall not be visible from any public street. · Mailboxes/Posts. Mailboxes and Posts shall be of a uniform style and color and be numbered. · Porches. Wood shall not be permitted for the posts or railings on front porches. · Landscaping. The pocoshock Boulevard crepe myrtle trees. entrances and buffer along shall incorporate dOÇJ'.l\Tood and · Lighting. Security lighting shall be provided for the common areas and shall be directed downward and into the Property. · Gutters. Gutters shall be provided for each dwelling unit. · Lawn Ornament~. Lawn ornaments and statuary shall not be visible from any public street. · Windows. Double paned insulated vinyl windows or another material of equal or greater quality and durability approved by the Architectural Committee shall be used in each dwelling unit. · Gas Utility. Each dwelling unit constructed wi.th gas utilities. shall be · Accessibility. Optional features for dwelling uni ts shall include doorways a minimum of 3 I in width, electrical outlets located 24" from the floor and bathrooms that can accommodate grab bars. · Flooring. Linoleum shall not be permitted as a floor covering in foyers. · Alleys. The alleys shall be privately owned and maintained by the Homeowners Associat.ion as common areas. · Portable Storage. The use of portable storage containers such as "PODS" or "Smart Boxes" must be approved by the Architectural Review Committee and restricted to a limited period of time. 05-586 07/27/05 · Enforceability. Each and every covenant and condition imposed by the restrictive covenants may be enforced by the declarant or by the owner of any unit by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and to recover damages therefore. · Binding Nature. The covenants and conditions shall run with the land and shall be binding upon the subsequent owner or owners of all or any unit and each and every portion of the land shown on the plat and all parties claiming through or under such owner or owners. · Archi tectural Review Commi t tee. An archi tectural review committee shall be established to review and approve plans and specifications for structures to be erected or maintained on the Property, including but not limited to, buildings, fences and walls and to review and approve any exterior addition, change or alteration to such structures. (P) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SN0247 In Clover Hill Magisterial District, ECK ENTERPRISES, INC. requests amendment to Conditional Use Planned Development (Case 83S024) and amendment of zoning district map relative to outside storage. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies in a Light Industrial (1-1) District on 2.2 acres and is known as 801 Johnston Willis Drive. Tax ID 746-708-4321 (Sheet 6). Mr. Turner presented a summary of Case 05SN0247 and stated the Planning Commission and staff recommended approval subject to one condition. Mr. Bruce Boykin, representing the applicant, stated the recommendation is acceptable. Mr. Barber called for public comment. No one came forward to speak to the request. -. On motion of Mr. Warren, seconded by Mr. King, the Board approved Case 05SN0247 subject to the following condition: Outside storage shall be permitted. (P) (Note: This condition supersedes Condition 15 of Case 83S024 for the request property only. All other conditions of approval for Case 83S024 remain in effect.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-587 07/27/05 05SN0253 In Bermuda Magisterial District, TRUSTEES OF THE COLONIAL HEIGHTS BAPTIST CHURCH request rezoning and amendment of zoning district map from Agricultural (A), Community Business (C-3) and General Business (C-5) to Regional Business (C-4) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. The densi ty of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community commercial/mixed use corridor use. This request lies on 37.9 acres fronting approximately 2,000 feet on the north line of Arrowfield Road; also fronting approximately 640 feet on the east line of Jefferson Davis Highway and located in the northeast quadrant of the intersection of these roads. Tax IDs 799-629-8706 and 8735; 800-628-7899-00001 and 00002; and 800-629-13 5 ~i-00001 and 00002 (Sheet 41). Mr. Turner presented a summary of Case 05SN0253 and stated the Planning Commission and staff recommended approval subject to one condition and acceptance of the proffered conditions. Mr. Jim Theobold, representing the applicant, stated the recommendation is accept.able. Mr. Barber called for public comment. No one came forward to speak to the request. Mr. King made a motion, seconded by Mr. Warren, to approve Case 05SN0253 subject to one acceptance of the proffered conditions. for the Board condition and - In response to Mr. Miller's question, Mr. Micas stated the rezoning request was required for the church because it included a private school and recreational facilities. Mr. Barber called for a vote on the motion of J:>fr. seconded by Mr. Warrl=n, for the Board to approve 05SN0253 subject to the following condition: King, Case The Textual Statement revised .June 20, 2005, shall be considered the Master Plan. (P) And, further, the Board accepted the following proffered conditions: The applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors and assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted and only with those conditions agreed to by applicant. In the event this request is denied or approved with conditions not agreed to by the applicant, the proffers shall immediately be null and void and of no further force or effect. 05-588 07/27/05 1. Uses. The only uses permitted on the Property shall be churches and related accessory uses, private schools and related accessory uses, and recreational facilities related to the church and private school uses. (P) 2. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 3 . Public Water and Sewer. systems shall be used. The public water and wastewater (U) 4. Transportation. a. Prior to any site plan approval, sixty (60) feet of right of way on the east side of Jefferson Davis Highway, measured from the centerline of that part of Jefferson Davis Highway immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. b. Direct access from the property to Jefferson Davis Highway shall be limited to one (1) entrance/exit that aligns with Harrowgate Road. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded from Jefferson Davis Highway to the northern property line to provide shared use of this access. c. The developer shall be following improvements: responsible for the i. construction of additional pavement along Jefferson Davis Highway to provide a separate right turn lane at the approved site access; ii. construction of additional pavement along Jefferson Davis Highway to provide a southbound left turn lane at the approved site access; iii. modification of the existing traffic signal at the intersection of Harrowgate Road and Jefferson Davis Highway; and iv. dedication, free and unrestricted, to and for the benefit of Chesterfield County, of any additional right of way (or easements) required for the improvements identified above. d. There shall be no direct access from the property to Arrowfield Road until the following improvements have been completed: i. construction of additional pavement along Jefferson Davis Highway at the Arrowfield Road intersection to provide right and left turn 05-589 07/27/05 -.-<.---------..----.- lanes, based on Transportation Department standards; and ii. reconstruction of Arrowfield Road from Jefferson Davis Highway to the site access, as determined by the Transportation Department. Prior to any site plan approval, thirty (30) feet of right of way on the north side of Arrowfield Road, measured from the centerline of that part of Arrowfield Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. e. Prior to any site plan approval, a phasing plan for the improvements identified in Proffered Conditions 5.c. and 5.d. must be submitted to and approved by the Transportation Department. (T) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SN0254 In Matoaca Magisterial District, STEVEN M. UPHOFF requests Conditional Use and amendment of zoning district map to permi t a two (2) family dwelling in a Residential (R-88) District. Residential use of up to 0.50 unit pe:c acre is permitted in a Residential (R-88) District. The Comprehensive Plan sum;rests the property is appropriate for residential use of 1-5 acre lots, suited to R-88 zoning. This request lies on 2.6 acres and is known as 15642 Chesdin Landing Terrace. Tax ID 737-622-1579 (Sheet 39). Mr. Turner presented a summary the Planning Commission and subject to one condition and condition. of Case 05SN0254 and stated staff recommended approval acceptance of the proffered Mr. Steve Hall, representing the applicant, recommendation is acceptable. stated the In response to Mr. Miller's question, Mr. Turner stated the conditional use would run with the land and be transferred upon sale of the property. Mrs. Humphrey stated condi tional use permit only. it was her understanding that the was intended for the current owner Mr. Hall stated the proffered condition limits use of the second dwelling to family members. Mr. Turner stated the Board can impose a condition to restrict the use permit to the applicant only, but it has not been the Board's practice to limit this type of use permit to the applicant. Discussion ensued relative to enforcement of the condition if the home were to be sold and the possibility of the dwelling being used for multi-family purposes. 05-590 07/27/05 In response to Mr. Warren's question, Mr. Turner stated the Board has approved one conditional use permit for a similar use in Chesdin Landing in the past six months. - Mrs. Humphrey stated there are four property owners in Chesdin Landing who have a conditional use permit for a two- family dwelling. She further stated the Board of Zoning Appeals approved the other permits prior to a change in the policy regarding cases being heard by the Board of Zoning Appeals and the Board of Supervisors. Mrs. Humphrey stated Chesdin Landing is a flagship community in Chesterfield, and she believes the covenants and restrictions, as well as the county's conditional use process will ensure that the residences will not be turned into multi-family uses. She further stated she is comfortable wi th the details provided by Mr. Uphoff regarding how he intends to use the second dwelling. Mr. Barber called for public comment. Due to someone being present to speak to the request, it was moved to later in the agenda. 05SN0262 In Midlothian Magisterial District, RICHMOND THERAPY CONSULTANTS request amendment to rezoning (Case 97SN0220) and amendment of zoning district map to allow pediatric clinics/offices and schools. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for planned transition area use. This request lies in a Corporate Office (0-2) District on 6.1 acres and is known as 400 Coalfield Road. Tax ID 727-705-7582 (Sheet 5). Mr. Turner presented a summary of Case 05SN0262 and stated the Planning Commission and staff recommended approval and acceptance of the proffered condition. He noted the Board has been presented with an addendum, which includes a second proffered condition further restricting the uses on site. Mr. Andy Scherzer, representing the applicant, stated the recommendation is acceptable. Mr. Barber called for public comment. Due to someone being present to speak to the request, it was moved to later in the agenda. ......... 05SN0272 In Bermuda Magisterial District, SCHOOLHOUSE LLC requests rezoning and amendment of zoning district map from Residential (R-7) to Neighborhood Business (C-2). 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: neighborhood office and single family residential uses. This request lies in a Residential (R-7) District on 0.3 acre and 05-591 07/27/05 is known as 3909 West Hundred Road. (Sheet 26). Tax ID 790-655-8954 Mr. Turner presented a summary of Case 05SN0272 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Oliver "Skitch" Rudy, representing the applicant, stated the recommendation is acceptable. Mr. Barber called for public comment" No one came forward to speak to the request. On motion of Mr. King, seconded by Mrs. Humphrey ' the Board approved Case 05SN0272 and accepted the followin9 proffered conditions: The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the development of the property known as Chest:erfield County Tax ID 790-655-8954- 00000 (the "Property") under consideration will be developed according to the follmáng conditions if, and only if, the rezoning request. for C-2 is granted. In the event the request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. 1. Prior to site plan approval, a forty-five (45) foot right-of-way on the south side of Route 10, measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicatE~d free and unrestricted to and for the benefit of Chesterfield County. (T) 2. No direct access shall be provided from the property to Route 10. 3. Access shall be limited to one (1) access Petersburg Street ¡:tt rear southern property line. off of (T) 4. The property shall not be used for the follow'in9 uses: (1) Appliance stores. (2) Department stores. (3) Funeral homes or mortuaries. (4) Motor vehicle accessory stores. (5) Pet shops, including pet grooming. (6) Rest, convalescent or nursing homes and other group care facili tiE:~s. (7) Sewing machine sales, instruction and services. ( P) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-592 07/27/05 05SN0275 - In Bermuda Magisterial District, THOMAS ROHLK AND LEANNE ROHLK request rezoning and amendment of zoning district map from Neighborhood Business (C-2) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood commercial use. This request lies in a Neighborhood Business (C-2) District on 0.8 acre fronting approximately 140 feet on the north line of West Hundred Road approximately 150 feet west of Ecoff Avenue. Tax ID 787-653-5686 (Sheet 26). Mr. Turner presented a summary of Case 05SN0275 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Dr. Thomas Rohlk stated the recommendation is acceptable. Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mr. Miller, the Board approved Case 05SN0275 and accepted the following proffered conditions: 1. Direct access from the property limited to one (1) entrance/exit. this access shall be approved Department. (T) to Route 10 shall be The exact location of by the Transportation - 2. Uses permitted on the property shall be limited to the following: a. Uses permitted by right or with restrictions in the Neighborhood Business (C-2) District. b. Veterinary hospital, provided there are no outside runs. (P) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SN0281 - In Bermuda Magisterial District, MARK A. LANDA requests rezoning and amendment of zoning district map from Light Industrial (I-I) and General Industrial (I-2) to General Business (C-5). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 6.0 acres fronting approximately 350 feet on the north line of Ruffin Mill Road approximately 1,500 feet east of Interstate 95. Tax ID 805-638-7523 (Sheet 35). Mr. Turner presented a summary of Case 05SN0281 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Mark Landa stated the recommendation is acceptable. Mr. Barber called for public comment. 05-593 07/27/05 No one came forward to speak to the request. In response to Mr. King's questions, Mr. Landa stated he will be relocating his garden center, that has been operating in Colonial Heights for 50 years, to Chesterfield County. On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved Case 05SN0281 .and accepted the following proffered conditions: 1. The public wastewat-er system shall be used. (U) 2. Prior to any sitE! plan approval, forty-five feet of right of way on the north side of Ruffin Mill Road, measured from the centerline of that part of the roadway immediately adjacent to the property, shall be dedicated free and unrestricted to an for the benefit of Chesterfield Co. (T) 3 . Direct access from the property to be limited to one entrance/exit. this entrance/exit shall be Transportation Dept. (T) Ruffin Mill Rd. shall The exact location of approved by the 4. Prior to the issuance of a certificate of occupancy, an additional lane of pavement shall be constructed along Ruffin Mill Rd. for the entire property frontage. Any additional right-of-way (or easements) required for this improvement shall be dedicated free and unrestricted to and for the benefit of Chesterfield County. (T) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SN0283 In Bermuda Magisterial District, CHESTERFIEJ:"D MEADOWS SHOPPING CENTER ASSOC., L.P., LLP AND ASSOC. III, L"L.C. AND UKROPS SUPERMARKETS, INC. request amendment of Conditional Use Planned Development (Cases 845082 and 87S(24) and amendment of zoning district map to delete squ.are~ footage limitations for stores. The density of such amendInent will be controlled by zoninc;J conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use.. This request lies in a Nei9hborhood Business (C-2) District on 21. 6 acres fronting in three (3) places for approximately 950 feet on the east line~ of Iron Bridge Road, approxima1:ely 800 feet on the south line of Centralia Road and on the north and south lines of Chesterfield Meadows Drive and located at the intersection of these roads. Tax IDs 773-659-5196 and 773-660-4170, 6298, 7640 and 8800 (Sheet 25). Mr. Turner presented a summary of Case 05SN0283 and stated the Planning Commission and staff recommended approval subject to one condition. ,----"' Ms. Ashley Harwell, representing the applicant, stated the recommendation is acceptable. In response to Mr. Miller's question regarding the purpose of the original limitation on square footage, Mr. Turner stated 05-594 07/27/05 at one time staff was trying to correlate building sizes to zoning classifications. Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved Case 05SN0283 subject to the following condition: All references to the maximum gross square footage for stores contained in Condition 18 of Case 84S082 and Condition 4 of Case 87S024 shall be deleted. (P) (Note: This condition modifies Condition 18 of Case 84S082 and Condition 4 of Case 87S024 for the subject property only. ) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05HP0289 In Bermuda Magisterial District, KEITH COLE requests historic landmark designation and amendment of the zoning district map for the HOME ECONOMICS COTTAGE. The Comprehensive Plan suggests the property is appropriate for mixed use (neighborhood office and single family residential uses from 1-1.5 units per acre). This request lies in a Residential (R-7) District on 0.37 acre and is known as 3909 West Hundred Road. Tax ID 790-655-8954 (Sheet 26). Mr. Turner presented a summary of Case 05HP0289 and stated the Historic Preservation Committee, the Planning Commission and staff recommended approval subject to one condition. Mr. Oliver "Skitch" Rudy, representing the applicant, stated the recommendation is acceptable. Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved historic landmark designation for the Home Economics Cottage structure and property, subject to the following condition: This designation shall not apply to any part of this property required for road improvements as determined by the Director of Transportation. (T) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05HP0301 In Bermuda Magisterial District, CRYSTAL MONROE requests historic landmark designation and amendment of the zoning district map for the POINT OF ROCKS HOUSE. The Comprehensive Plan suggests the property is appropriate for residential use 05-595 07/27/05 of 1.5 dwellings per acre or less.. This request lies in an Agricultural (A) District on 10.0 acres and is known as 1011 Point of Rocks Road. ~~X ID 820-641-8483 (Sheet 34). Mr. Turner presented a summary of Case 05HP03 Oland stated the Historic Preservation Committee, the Planning Commission and staff recommended approval subject to one condition. Ms. Crystal Monroe statled the recommendation is acceptable. Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved historic landmark designation for the Point of Rocks House structure and property. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05PW0412 In Bermuda Magisterial District, 95-10 DEVELOPMENT, LC requests an exception to Section 19·-232 of the Chesa.peake Bay Preservation Act Requirements of the Zoning Ordinance to permi t the encroachment of the commercial area and road network into the Resource Protection Area. As a condition of approval, the applicant. is proposing to divert approximately forty (40) acres of developed land to the west that currently flows untreated into Redwater Creek into the existing SWM/BMP. Exceptions to the Resource Protection Area Regulations are permitted pursuant to Section 19-235(b) (2) of the Ordinance. The property is bounded to the north by West Hundred Road (Route 10), to the east by two (2) hotel sites, to the south by an industrial park and to the we~:;t by the Interstate 95 Interchange. Tax IDs 801-653-9281 and 802-654- 1815 and 4917. Mr. Turner presented a summary of Case 05PW0412 and stated staff recommends approval. Mr. Jeff Collins, representing the applicant, stated the recommendation is acceptable. In response to Mr. Kin9'S question, Mr. Collins stated there is a steep and deep ravine in place just south of Route 10 and just east of Interstate 95. He further stated, once the usable land in the area is developed f the raVinE! will be filled by a roadway, which is allowed under the Chesapeake Bay Act, as well as by the widening of Route 10. He stated the existing RPA has degraded and become vegetated, and is not indicative of an RPA-type condition. He further stated the applicant has agreed to re-route a significant amount of acreage that drains out of the Interstate 95/Route 10 interchange through the pond that has been created on the subject property, removing 15 to 16 pounds of phosphorous, which will more than offset any benefit the exist.ing RPA may have had even in its best condition. He stated the proposal is much better for the environment. Mr. Barber called for public comment. 05-596 07/27/05 No one came forward to speak to the request. On motion of Mr. King, seconded by Mr. Barber, the Board approved Case 05PW0412. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. ,...... 05SR0171 In Matoaca Magisterial District, TIMOTHY J. HAULER requests renewal of Conditional Use (Case 03AN0226) and amendment of zoning district map for a bed and breakfast and a special events business operated incidental to a dwelling unit. 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 on 1-5 acre lots; suited to R-88 zoning. This request lies in an Agricultural (A) District on 14.5 acres and is known as 6100 Woodpecker Road. Tax ID 781-626-8240 (Sheet 41). Mr. Turner stated the applicant has requested a deferral until January 25, 2006. Mr. Richard Hairfield stated the possibility of amending adj oining parcel; therefore, requested. the applicant is investigating the application to include an a six-month deferral is being Mr. Miller stated he has business pending in the Chesterfield Circuit Court, declared a conflict of interest under the Virginia Conflict of Interest Act regarding this request, and excused himself from the meeting. In response to Mrs. Humphrey's question, Mr. Hairfield stated Judge Hauler and his wife have installed gardens on an adjacent parcel that they would like to have available for use at weddings. He further stated the applicant would either have to close off that area to guests; amend the request and add the additional parcel; or apply for a separate conditional use permit for the parcel. Mrs. Humphrey stated the bed and breakfast facility has generated a number of concerns during its three years of operation because of its proximity to Matoaca High School. She inquired whether the issue can be resolved in six months. In response to Mrs. Humphrey's questions, Mr. Hairfield stated the applicant is hoping to expand the use by a few hundred feet to allow guests to visit the gardens. In response to Mrs. Humphrey's question, Mr. Turner stated the conditional use permit expired in May 2005. Mrs. Humphrey expressed concerns that six months is a lengthy time to defer a request for renewal of the existing conditional use. Mr. Hairfield stated the applicant is prepared to go forward on the current request and file another application on the additional parcel. 05-597 07/27/05 In response to Mrs. Humphrey's question, Mr. Turner stated one of the applicant's options would include an appeal to the Board of Zoning Appeals concerning the application of the code as it applies to uses on the adj oining property. He further stated six months would allow the applicant time to go through the Board of Zoning Appeals process, if he elected to do so. Mr. Barber called for public comment on the deferral request. Ms. Brenda Stewart, a resident of WoodpE!cker Road, representing neighbors around 6100 Woodpecker Road, requested that the Board not defer the request until January 2006, indicating that she does not believe it is appropriate for the Board to authorize continued operation of the special events portion of the business longer than the end of this year. She stated the deferral request deals with sE:lling and consuming of alcohol on property that is not even included in the request for a conditional use. She further :stated it is an abuse of the process to use land that was never zoned for the business for three years, then to prepare an application for a long scheduled renewal of the condi tional use permi t, neglect to include that same land in the renewal request, and then seek a deferral to pursue an issue that has been on the table since 2002. ShE:! stated the Board will be condoning repeated ordinance violations by deferring the request until January 2006 and encouraging other applicants to abuse the system. She requested that the Board act on the request as submitted no later than the next scheduled meeting if it is unprepared to act tonic;rht. She further stated the applicant should submit amendmen'ts to the Planning Department to add the additional land and they should be processed through the Planning Commission. Ms. Edie Bleattler, an adjacent resident on Woodpecker Road, stated she agrees with Ms. Stewart and expressed concerns relative to the noise level at functions being held after hours on a permit that expired in May 2005. Ms. Ann Dylan, a residemt of Woodpecker Road adjacent to the Hauler property, stated she concurs with the co~nents of Ms. Stewart and Ms. Bleattler. She expressed concerns that the permit allows operations until 10:00 p,m. and events continue until 10:30 p.m. and beyond. Ms. Jean Driskill, a member of New Hope Baptist Church, which is adjacent to the subject parcel. stated she concurs with the previous speakers. There being no one else to speak to the deferral, the public hearing was closed. In response to Mrs. Humphrey's question. Mr. Hairfield stated the applicant is not willing to suspend activities during the six-month deferral time. He clarified that the conditional use permit allows operation until 11:00 p.m. rather than 10:00 p.m. In response to Mrs. Humphrey's question, Mr. Micas stated the Board could deny the deferral, hear the case and refer it back to the Planning Commission. 05-598 07/27/05 Mr. Hairfield stated weddings have been booked facility for years that cannot be canceled. He stated he does not agree that there are violations, applicant is willing to go forward with the case accept a remand to the Planning Commission. at the further and the now or Mrs. Humphrey inquired whether the applicant would consider a 30-day deferral and return with options for amendments to the conditional use permit. Mr. Turner noted that the minutes of the Board of Zoning Appeals under which the original conditional use permit was granted limits the hours to 10:00 p.m. for special events. Mr. Hairfield stated the applicant would accept a 90-day deferral. Mrs. Humphrey inquired whether the applicant would consider a 60-day deferral. Mr. Hairfield stated the applicant would agree to a 60-day deferral. Mrs. Humphrey then made a motion, seconded by Mr. King, for the Board to defer Case 05SR0171 until September 21, 2005. In response to Mr. Barber's question, Mr. Turner stated it is unlikely the issue will be resolved in 60 days. He further stated the applicant may seek to receive an opinion from staff regarding how the adjacent property can be used and can appeal that opinion to the Board of Zoning Appeals and let them determine if it is an appropriate interpretation of the ordinance. He stated an application for a conditional use on the adj acent parcel would have to be approved by both the Planning Commission and the Board of Supervisors. He stated the Board could impose a time limi t on the condi tional use permit. Mr. Micas clarified that the issue surrounding the request is whether additional zoning is required for the surrounding horseshoe around the subject property. He stated the Board of Zoning Appeals could determine that the horseshoe does not require additional zoning, but the base zoning would still have to come back to the Board of Supervisors. He further stated if the Board of Supervisors granted the base zoning and then the Board of Zoning Appeals determined that the horseshoe does not require addi tional zoning, the Board of Supervisors is bound by that determination unless it is appealed to the Circuit Court. Mr. Barber stated, although he is mindful of the unusual nuances of the case, he will support the motion. - Mr. Micas stated in 60 days the only thing the Board will know is whether the applicant has appealed staff's determination regarding the surrounding property or whether he has filed another application for a conditional use permit for the additional property. Mr. Barber called for a vote on the motion of Mrs. Humphrey, seconded by Mr. King, for the Board to defer Case 05SR0171 until September 21, 2005. Ayes: Nays: Absent: Barber, King, Humphrey and Warren. None. Miller. 05-599 07/27/05 Mr. Miller returned to the meeting. Mr. Barber excused himself from the meeting. 05SN0248 In Dale Magisterial District, CAROL Y. LANE requests Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-7) District. The densi ty of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0-2.5 units per acre. This request lies on 0.4 acre and is known as 6228 Thierry Court. Tax ID 770- 679-8498 (Sheet 17). Mr. Turner presented él summary the Planning Commission and subject to condi.tions. of Case 05SN0248 and stated staff recommended approval Mrs. Humphrey excused herself from the meeting. Ms. Carol Lane stated t.he recommendation is acceptable. Mr. King inquired whether there was any opposition in attendance, and no one came forward. Mr. Miller stated he wants to impose an additional condition that the conditional use permit must be renewed in five years in case problems arise with the family day care. ,-.,' Ms. Lane stated two st.aff persons will be supervising up to 12 children, and they will not serve infants. Mr. Barber returned to the meeting. In response to Mr. Miller's question, Ms. Lane stated criminal and child protective service background checks are required to become a licensed child care provider by the state. Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. MillE!r, seconded by Mr. Warren, the Board approved Case 05SN0248 subject to the following conditions, including the additional condition 4 imposed by Mr. ,Miller: 1. This Conditional Use shall be granted to and for Carol Y. Lane, exclusively, and shall not be transferable nor run with the land. (P) 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. There shall be no signs permitted to identify this use. ( P) 05-600 07/27/05 4. This Conditional Use shall be approved for a period of five (5) years. Ayes: Barber, King, Miller and Warren. Nays: None. Absent: Humphrey. Mrs. Humphrey returned to the meeting. 05SN0254 In Matoaca Magisterial District, STEVEN M. UPHOFF requests Conditional Use and amendment of zoning district map to permit a two (2) family dwelling in a Residential (R-88) District. Residential use of up to 0.50 unit per acre is permitted in a Residential (R-88) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots, suited to R-88 zoning. This request lies on 2.6 acres and is known as 15642 Chesdin Landing Terrace. Tax ID 737-622-1579 (Sheet 39). Mr. Turner presented a summary of Case 05SN0254 and stated the Planning Commission and staff had recommended approval subj ect to one condition and acceptance of the proffered condition. He further stated, in response to concerns raised by Mrs. Humphrey, staff would recommend that the Board reject the proffered condition and impose, as a substitute condition, "Occupancy of the second dwelling unit shall be limited to the Uphoffs and individuals related to them by blood, marriage, adoption or guardianship, foster children, guests or any domestic servants." He stated the condition would limi t the occupancy of the second dwelling uni t to those people only, so it cannot be transferred. Mr. Steve Hall expressed concerns that other residents in the subdivision do not have this same restriction on their second dwelling units. He stated he does not know how the Board could impose such a condition because the restriction on transfer of ownership is impractical and not enforceable. Mr. Turner stated the language included in modification of the proffered condition. another possible condition the Board may "This conditional use shall be granted to Uphoff and immediate family only and shall or run with the land." the condition is a He further stated want to impose is and for Steven M. not be transferred Mr. Hall expressed concerns relative to enforcement condition. He stated Chesdin Landing is an subdivision that is an asset to the county, and residents already have this type of arrangement. of the unusual several Mr. Miller expressed concerns relative to the possibility of a single-family neighborhood becoming a multi-family use. In response to Mr. King's language suggested by Mr. accommodating family needs from becoming rental units. question, Mr. Micas stated the Turner has been effective in and preventing second dwellings Mr. Barber called for public comment. 05-601 07/27/05 Mr. C. L. Morrissette stated he has never seen a $5 million home that did not have a second kitchen. He further stated he believes the Board should consider changing the ordinance, indicating that no one could afford to rent the second dwelling. He stated a precedent has already been set by allowing other second dwellings in the subdivision wi thout the addi tional condition, indicating that the Board should equally apply the law to everyone. Mr. Don Pavel expressed concerns relat.ive to rising costs of housing, indicating that there are going to be situations where people cannot afford housing and will have to live together in one house. He stated he believes some of the county's zoning ordinances are archaic, when the biggest challenge the county is going to have is how to accommodate people in single-family homes. He st.ated he supports the request. Mr. Arlie Nichols, a 90-day deferral to questions answered. resident of Ivey Mill Road, requested a allow a neighborhood meeting to have Ms. Andrea Epps stated she will move to a district where she will have the opportunity to take care of her aging parents in the same home if the need arises. She further stated there are no problems in the neighborhood with the four existing second dwellings and suggested that the Board amend the ordinance to ensure that the second dwellings never become rental property. She stated it would be a shame for the Board not to allow Mr. Uphoff to take care of his family and have them later take care of him. Mr. Allan Freeman, a expressed concerns that kitchen in his garage members. He requested equally regarding second more money than others. resident of the Matoaca District, he was forced to dismantle the second after six years of use by family that the Board treat all residents dwellings, not just those who have -' Mrs. Humphrey stated Mr. Uphoff has answered all of her questions regarding the intended use of the second dwelling. She further stated ShE! has received numerous e·-mails from area residents supporting the request, and she sees no reason to deny it. She stated she considers the request an application on behalf of the Uphoff family and would like to consider restricting the use of the second dwelling to the current applicant. Mr. Barber stated some second dwellings have been approved in the Midlothian District. He further stated he would be satisfied with granting the conditional use permit even without restricting it to the Uphoff family because he does not believe the county would ever be in a strong position to enforce it and he does not believe the second dwelling would ever be used as a rental property. Mr. Miller stated he will support the request, indicating that he does not believe the hardship of imposing the additional condition would be significant to the applicant. Mr. Warren stated he will support the request, but feels the Board should be as consistent as possible in approving conditional use permits for second dwellings because it is 05-602 07/27/05 likely that other requests such as this will come forward from Chesdin Landing. Mr. King stated he agrees with Ms. Epps regarding the importance of taking care of elderly parents or disabled children, indicating that he would not want to do anything to preclude anyone from taking care of his family. He further stated he, too, believes the Board should be consistent, but he will support whatever motion Mrs. Humphrey makes. Mr. Miller stated he is not opposed in any way to the use, but to the future possibility of the property being marketed upon sale with the availability of a second kitchen to accommodate an in-law suite. Mr. King stated he could understand Mr. Miller's concerns relative to second dwellings in older neighborhoods, but does not understand what is wrong with the concept of purchasing a home with a mother-in-law suite in a subdivision like Chesdin Landing. Mr. Miller stated there is nothing wrong with the idea, but he believes the county should continue to protect the integrity of single-family residential areas. Mrs. Humphrey expressed appreciation to Mr. Uphoff for explaining to her the circumstances surrounding his request. She stated she does not know what conditions were imposed in the previously approved requests for second dwellings in Chesdin Landing, but she feels it is important to address the future of the dwelling unit. She further stated staff needs to address the policy of applying this type of conditional use permit to the present landowner, and she believes the Board should set that precedent with this case. Mrs. Humphrey then made a motion for the Board to reject the proffered condition and approve Case 05SN0254 subject to two conditions, including the additional condition with language indicated by Mr. Turner. Mr. Barber called for a vote on the motion of Mrs. Humphrey, seconded by Mr. Miller, for the Board to approve Case 05SN0254 subject to the following conditions: 1. Prior to release of a final certificate of occupancy, a deed restriction shall be recorded setting forth the limitations in the proffered condition. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) 2. Occupancy of the second dwelling unit shall be limited to: the Uphoff's and individuals related to them by blood, marriage, adoption or guardianship, foster children, guest and any domestic servants. (P) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-603 07/27/05 05SN0262 In Midlothian Magisterial District, RICHMOND THERAPY CONSULTANTS request amendment to rezoning (Case 97SN0220) and amendment of zoning district map to allow pediatric clinics/ offices and schools. 'T'he density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensi ve Plan suggests the property is appropriate for planned transition area use. This request li,es in a Corporate Office (0-2) District on 6.1 acres and is known as 400 Coalfield Road. Tax ID 727-705-7582 (Sheet 5). Mr. Turner presented a summary of Case 05SN0262 and stated the Planning Commission and staff recommended approval and acceptance of the proffered condition. He further stated the applicant has submitted an additional proffered condition that further restricts uses on the subject property. Mr. Andy Scherzer, representing the applicant, stated the recommendation is acceptable. Mr. Barber called for public comment. Ms. Amy Satterfield, representing the Village of Midlothian Volunteer Coalition, st.ated she supports the request and is grateful to the applicant for its willingness to negotiate the additional proffered condition. Mr. Barber stated Midlothian was recently designated the 37th best place to live in the country, and this accomplishment is a great testament to the work of the Village of Midlothian Volunteer Coalition over the years. -' Mr. Peppy Jones stated he supports the proposed development and requested the Board's approval. No one came forward to speak to the request. Mr. Barber made a motion, seconded by Mr. Miller, for the Board to suspend its rules at this time to allow for acceptance of the additional proffered condition. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. Barber then made a motion, seconded by Mr, Miller, for the Board to approve Case 05SN0262 and accept the following proffered conditions: 1. Uses shall be restricted to those allowed by Proffered Condition 7 of Case 97SN0220 except that the following additional uses shall be permitted: a. b. Pediatric clinics/offices Schools, public and private. ( P) (STAFF NOTE: This condition is in addition to Proffered Condition 7 of Case 97SN0220. All other conditions of approval for Case 97SN0220 remain in effect.) 2. The uses outlined in Proffered Condi tion 1 shall be limited to use by Richmond Therapy Consultants/Spiritos 05-604 07/27/05 School and shall not be transferable or run with the land. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mrs. Humphrey excused herself from the meeting. 05SN0243 In Midlothian Magisterial District, H. H. HUNT CORPORATION requests amendment to Conditional Use Planned Development (Case 94SN0138) and amendment of zoning district map to permit a bank, office and child care center. 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 1.01 to 2.0 units per acre. This request lies in a Residential (R-9) District on 6.5 acres fronting approximately 600 feet on the north line of North Woolridge Road approximately 1,600 feet west of Charter Colony Parkway. Tax ID 723-705-Part of 8818 (Sheet 5). Mr. Robert Clay presented a summary of Case 05SN0243 and stated staff recommended denial because the proposed land uses do not conform to the Midlothian Area Community Plan, which suggests that the property is appropriate for residential use of 1.01 to 2.0 units per acre, and the proposed land uses can be accommodated within other tracts in the Charter Colony Development, which are appropriately zoned. He further stated the Planning Commission recommended approval subject to one condition. Mr. Jim Theobold, representing the applicant, stated the applicant has addressed all concerns of the Midlothian Village Coalition. He further stated the Planning Commission's recommendation is acceptable. Mr. Barber called for public comment. Ms. Amy Satterfield, Executive Director of the Village of Midlothian Volunteer Coalition, stated the coalition supports the request, indicating that the applicant has been a good citizen in supporting the mission of the Village of Midlothian by providing paved pedestrian connections to older communities. Mr. Peppy Jones stated the coalition worked extensively with the applicant on the project. He requested the Board's approval of the case. - There being no one else to speak to the request, the public hearing was closed. On motion of Mr. Barber, seconded by Mr. King, the Board approved Case 05SN0243 subject to the following condition: The Textual Statement, dated June 21, 2005, shall be considered the Master Plan relative to permitted uses, architectural style and streetlights along Woolridge Road. (P) 05-605 07/27/05 (STAFF NOTE: This condition supersedes Textual Statement, OVERVIEW, A. and DETAILED TRACT CONDITIONS, Tract 1 and Tract 1, 2, for the subject property only.) Ayes: Barber, King, Miller and Warren. Nays: None. Absent: Humphrey. Mr. Warren excused himsEÜf from the meeting. Mrs. Humphrey returned to the meeting. 05SN0263 In Bermuda Magisterial District, RIVER FOREST DEVELOPMENT COMPANY, LLC requests rezoning and amendment of zoning district map from Multifamily Residential (R-MF) and Community Business (C-3) to Multifamily Residential (R-MF) with Conditional Use Planned Development to permit. exceptions to Ordinance requirements. Residential use of up to 10.0 units per acre is permitted in a Multifamily Residential (R- MF) District. The Comprehensive Plan suggests the property is appropriate for community mixed use uses. This request lies on 24.6 acres fronting approximately 660 feet on the east and west lines of South Chalkley Road approximately 1,130 feet south of Iron Bridge Road. Tax IDs 778-651-6195; 779-651- 4095; and 779-652-Part of 6471 and 8201 (Sheet 26). Ms. Jane Peterson presented a summary of Case 05SN0263 and stated staff recommended approval subject to the applicant adequately addressing the impact of the development on capi tal facilities, setbacks and focal point. She further stated the Planning Commission recommended approval and acceptance of the proffe,red conditions. -- In response to Mr. King's question, Ms. Peterson stated this request is consistent with the request the Board recommended for approval in December 2004. Mr. Ed Kidd, representing the applicant, stated the case is identical to the case approved in December 2004, with the exception of adding an additional 0.8 acres to straiÇJhten out the property line. He further stated there is no opposition to the request. Mr. Barber called for public comment. No one came forward to speak to the re~lest. On motion of Mr. King, seconded by Mr. Miller, the Board approved Case 05SN0263 and accepted the following proffered conditions: The Owners and the Developer, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County (the "Zoning Ordinance"), for themselves and their successors or assigns, proffer that the development of the property designated as Chesterfield County Tax IDs 778-651-6195, 779-651-4095, 779-652-8201 and a portion of 779-652-6471 containing a total of 24.6 acres (the "Property") under consideration will be developed according to the following proffered conditions if, and only if, the 05-606 07/27/05 request for rezoning of the Property for RM-F with CUPD is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffered conditions shall be immediately null and void and of no further force or effect. If the zoning is granted, these proffered conditions will supersede all proffers and conditions now applicable to the Property. 1. Textual Statement. In conjunction with the approval of this request, the Textual Statement dated March 23, 2005 shall be approved. (P) 2. Dwelling Size and Building Materials. a. Each dwelling unit constructed on the Property shall have a minimum gross floor area of one thousand three hundred fifty (1,350) square feet. b. Not less than sixty (60) percent of the exposed portions of the exterior of each building constructed on the Property shall be constructed of brick veneer with the remainder of such exposed exterior portions being constructed of vinyl siding or cement board siding or other materials approved by the Planning Commission in connection with site plan review. Roofs shall be of asphalt shingles or other materials with a minimum life of 20 years. ( P) 3. Densi ty . A maximum of ninety- six shall be developed on the Property. (96 ) ( P) dwelling units 4. Focal Point/Recreation Areas. a. Open space/recreation areas shall be provided on each of the east and west sides of South Chalkley Road to provide focal points as one enters each entrance to the Property from South Chalkley Road and to provide passive recreation areas. Such areas shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings and one of such areas will include a clubhouse building with a minimum gross floor area of two thousand (2,000) square feet. The two areas together shall contain a total of not less than one and one half (1.5) acres, the area including the clubhouse shall contain a not less than one (1) acre and the other area shall contain not less than one half (.5) acre. The exact design and location of such areas shall be approved by the Planning Department at the time of si te plan review. Any clubhouse building shall be developed concurrent with the first phase of development. b. Common area recreational amenities included within the Property shall be predominantly for adult use. Examples of possible amenities include swimming pools, putting greens, shuffleboard, park areas, picnic and barbecue areas and gardens. (P) 5. Sidewalks. Sidewalks shall be provided on both sides of all rights of way for Public Roads (as defined herein). To the extent allowed by VDOT, such sidewalks may be 05-607 07/27/05 located wi thin thE! rights of way for the Public Roads (as defined herein). In addition, a system of walking trails or pathways shall be provided within the Property which trails or pathways shall have a minimum width of four (4) feet and shall be hardscaped with asphalt. (P) 6. Fence and Buffer. a. A decorative fence shall be constructed along (i) the boundaries of the Property adjacent to South Chalkley Road (both sides) and (ii) along Branders Creek Drive for a distance of approximately two hundred forty (240) feet from South Chalkley Road. The exact design shall be approved by the Planning Department at the time of site plan review; provided, however, provision of a three (3) rail vinyl fence shall be deemed to satisfy this proffer. ~-". b. A thirty (30) foot buffer shall be provided along the northern property line of the portion of the Property located east of Chalkley Road. This buffer shall comply with the requirements of the Ordinance for Sections 19-520 through 522 except that plant densi ty shall be increased to one and one-half times that required for Perimeter Landscape C. A solid wood or vinyl privacy fence, a minimum of six (6) feet in height, shall be incorporated into this landscaped buffer along this northern property boundary. (P) 7. Street Trees. Street trees shall be installed along each side of the Public Roads (as defined herein) and along each side of common driveways within the Property. If existing trees are maintained, they may be counted toward this requirement. The exact location, spacing, size and species of plantings shall be approved by the Planning Department prior to final site plan approval. ( P) 8. Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, wi thin medians and wi thin common areas not occupied by recreational facilities or other structures. Landscaping shall comply wi th the requirements of the Zoning Ordinance Sections 19-516 through 19-518(f). Landscaping shall be designed to (i) minimize the predominance of building mass and paved areas, (ii) define private spaces and (iii) enhance the residential character of the development. The Planning Department, at the time of site plan review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P) 9. 10. Driveways. All private driveways with asphalt, concrete or aggregate. shall be hardscaped ( P) Garages. openings oriented from the At least of garages in a manner Public Roads sixty (60) percent of the door within the Property shall be so as not to be directly visible (as defined herein) . (P) 05-608 07/27/05 11. Utili ties. The public water and wastewater systems shall be used. (U) 12. Concrete Curb and Gutter. Concrete curb shall be installed within the Public Roads defined). (EE) and gutter (as herein - 13. Timbering. Except for Timbering approved by the Virginia Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department. (EE) 14. Drainage. No impervious areas from buildings or paved areas used for vehicular traffic shall drain across the eastern boundary of the property adjacent to the Carver Home Sites subdivision. (EE) 15. Virginia Condominium Act. All dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act, and all common areas and improvements therein shall be maintained by a condominium association. (P) 16. Cash Proffer. The applicant, subdivider, or assignee(s) shall pay the amounts set forth below to the County of Chesterfield, prior to the issuance of a building permit for each new dwelling unit for infrastructure improvements wi thin the service district for the Property: a. For all dwelling units initially constructed with more than two (2) bedrooms: 1. $11,500.00 per dwelling unit, if paid prior to July 1, 2005. 2. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. b. For all dwelling units initially constructed with two (2) or fewer bedrooms: - 1. $5,991 per dwelling unit, if paid prior to July 1, 2005. 2. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $5,991.00 per unit (prorated as set forth below) as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. 05-609 07/27/05 3. At the time of payment, the $5,991.00 will be allocated pro-rata among the facility costs as follows: $786.00 for parks and recreation, $402.00 for library facilities, $4,380.00 for roads, and $423.00 for fire stations. Payments in excess of $5,991.00 shall be prorated as set forth above. c. Building plans submitted for building permits shall designate the number of bedrooms in each dwelling unit. d. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees in a manner as determined by the County. 17. Transportation. a. Prior to any site plan approval, forty-five (45) feet of right-of-way on the north side of Carver Heights Drive, measured from the centerline of that part of Carver Heights Drive, immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. b. To provide for an adequate roadway system, the Developer shall be responsible for the following: 1. Construc,tion of two (2) additional lanes of pavement along South Chalkley Road, to VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, from its current four (4) lane section to Branders Creek Drive to provide a four (4) lane divided facility. 2. Construction of a two (2) lane road for extension of South Chalkley Road ("South Chalkley Extended"), to VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, from Branders Creek Drive to Carver Heights Drive. 3. Relocation of the di tch along the north side of Carver Heights Drive to provide an eight (8) foot wide unpaved shouldE~r, wi th modifications approved by the Transportation Department, from South Chalkley Extended, eastward, for the entire property frontage. 4. Construction of additional pavement along South Chalkley Extended at each approved access to provide left and right turn lanes, based on Transportation Department st~andards. 05-610 07/27/05 5. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the road improvements described above. Prior to any site plan approval, a phasing plan for the required road improvements, as identified above, shall be submitted to and approved by the Transportation Department. c. Direct access from the Property to South Chalkley Road shall be limited to one (1) public road on each of the east and west sides of South Chalkley Road. The exact location of these accesses shall be approved by the Transportation Department. No direct access shall be provided from the Property to Branders Creek Drive or to Carver Heights Drive. d. All roads that accommodate general traffic circulation through the Property (the "Public Roads") , as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. Setbacks from the Public Roads shall be as identified for special access streets pursuant to Section 19-505(b) of the Zoning Ordinance. (T) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mr. Warren returned to the meeting. 04SN0207 - In Matoaca Magisterial District, DART II LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less. This request lies on 302.6 acres fronting approximately 1,400 feet on the east line of Otterdale Road approximately 680 feet north of Woolridge Road, also fronting in two (2) places for approximately 2,250 feet on the north line of Woolridge Road approximately 1,400 feet east of Otterdale Road. Tax IDs 708-675-1560; 708-677-8911; 709-675-6985; 709-676-0702, 5333 , 659 0 and 9324 ; 7 09- 677 - 2 5 2 0 , 32 64 and 3406; 709 - 6 7 8- 5743; 710-676-0704 and 1579; 710-677-3873; 710-678-Part of 7575; 711-677-9367; 711-678-4858; 711-679-6522; and 712-679- 2887 (Sheet 15) . Mrs. Humphrey stated a presentation of the case is not necessary because the public hearing was held on May 25, 2005, and the Board deferred action on the request. She further stated the only reason for this public hearing is the new state mandated change in the cash proffer language. Ms. Peterson stated, since the Board's hearing in May 2005, the only change that has been made is an amendment to 05-611 07/27/05 ,-....----..- in state which law cash Proffered Condition requirement regarding proffers may be used. 7, the which addresses period of time the Mr. Micas stated the language considered by the Board in Proffered Condition 7 at its May 2005 public hearing became unenforceable as of July 1, 2005. He further stated the only reason for this public hearing is to consider acceptance of the new cash proffer consistent with state law. He stated the new proffered condition requires that the cash proffer be used within seven years of last building permit bein<;J issued. Mrs. Humphrey requested that the public hearing discussion be limited to the new language of the proffered condition. Mr. Andy Scherzer, representing the applicant, stated the applicant is offering the amended language to accommodate state law change and requested t.he Board's support of the proposed development. Mr. Barber called for public comment. Ms. Marleen Durfee, Executive Director of the Task Force for Responsible Growth, reminded the Board that the case was deferred for 60 days because of the impact of the proposed development on the western area. She inquired how the county will accommodate the additional students from the proposed 600 homes. Ms. Andrea Epps stated she supports the amended proffered condition, indicating that without development of this quality, there would be no roads or schools. There being no one else to speak to the request, the public hearing was closed. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 04SN0207 and accepted the following proffered conditions: 1. Master Plan. The Textual Statement dated October 26, 2004, and revised April 4, 2005, shall be considered the Master Plan. (P) 2. Buffers. All required buffers shall be locat:ed wi thin recorded open space except for buffers required in Tract D. (P) 3. Density. The maximum density of this development shall not exceed two (2) dwelling units per acre. A minimum of sixty-one (61) lots shall conform to the requirements for Single Family A, as described herein; a maximum of 181 lots shall conform to the requirements for Single Family B, as described herein; a maximum of 151 lots shall conform to the requirements for Single Family C, as described herein; a maximum of 151 lots shall conform to the requirements for Single Family D, as described herein; and a maximum of 150 lots shall conform to the requirements for Single Family E, as described herein. A minimum of 200 lots shall conform to the requirements of Single Family B, C, D, or E, or any combination thereof, as described herein. (P) 05-612 07/27/05 4. Foundations. All exposed portions of the foundation and exposed piers supporting front porches of each dwelling unit shall be faced with brick or stone veneer or exterior insulation and finishing systems (EIFS) materials. (P) 5. Utilities. Public water and wastewater systems shall be used. (U) 6. Senior Housing. Any dwelling units designated for senior housing as outlined in Proffered Condi tion 7. B. shall be noted on the site plan and/or on any subdi vision plat. Such dwelling uni ts shall be grouped together as part of the same development section(s). (P) 7. Impacts on Capital Facilities. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, for infrastructure improvements wi thin the service district for the property: a. Prior to the issuance of a building permit for each dwelling unit other than age restricted dwelling units defined in Proffered Condition 7.B., the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield the following amounts for infrastructure improvement within the service district for the property: i. If payment is made prior to July 1, 2005, $11,500.00 per dwelling unit; ii. If payment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. b. Prior to the issuance of a building permit for each dwelling unit that is designated for senior housing, the units of which shall meet the requirements for "age 55 or over" housing as set forth in section 3607 of the Fair Housing Act, 42 USC Section 3601 et seq., as amended by the Fair Housing Amendments Act of 1988, and of 24 CFR Section 100.304, and are subj ect to the occupancy requirement that no person under the age of 19 shall reside in such unit. The applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield the following amounts for infrastructure improvement within the service district for the property: ,..-... i. If payment is made prior to July 1, 2005, $5,991.00 per dwelling unit. At time of payment $5,991.00 will be allocated pro-rata among the facility costs as follows: $786.00 for parks and recreation, $402.00 for library facilities, $4,380.00 for roads, and $423.00 for fire stations; or 05-613 07/27/05 "..--.--.. ii. If paYment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $5,991.00 per dwelling unit pro- rated as set forth in Proffered Condition 7 . B . i . above and adj us ted upward by any increase in the Marshall and Swift Building Cost Index between ,July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. c. At the option of the Transportation Department exercised pursuant to Proffered Condition 14 below, and in lieu of the amounts set forth in Proffered Condition 7.A. above, the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield prior to the time of issuance of a building permit for each dwelling unit, the following amounts for infrastructure improvements (excluding the road component) within the service district for the property: i. If paYmE:mt is made prior to July 1, 2005, $7,120.00 per dwelling unit. At time of payment $7,120.00 will be allocated pro-rata among the facility costs as follows: $786.00 for parks and recreation, $402.00 for library facilities, $5,509.00 for schools, and $423.00 for fire stations; or ii. If paYment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $7,120.00 per dwelling unit pro- rated as set forth in Proffered Condition 7.C.i. above and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. d. At the option of the Transportation Department exercised pursuant to Proffered Condition 14 below, and in lieu of the amounts set forth in Proffered Condition 7.B. above, the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit, the following amounts for infrastructure improvements (excluding the road component) within the service district for the property: i. If paYment is made prior to July 1, 2005, $1,611.00 per dwelling unit. At time of paYment $1,611.00 will be allocated pro-rata among the facility costs as follows: $786.00 for parks and recreation, $402.00 for library facilities, and $423.00 for fire stations; or ii. If paYment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $1,611.00 per dwelling unit pro- rated as set fort.h in Proffered Condition 7.D.i. above and adjusted upward by any 05-614 07/27/05 increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. e. At the option of the Transportation Department the cash proffer payment may be reduced for road improvements by an amount not to exceed the amount that would be paid in cash proffers for the road component as identified in Proffered Conditions 7.A. and 7.B. above, exclusive of those road improvements identified in Proffered Condition 12, performed by the applicant, subdivider, or assignee (s), as determined by the Transportation Department. f. Cash proffer payments purposes proffered or law. shall be spent for the as otherwise permitted by g. Should any impact fees be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B & M) 8. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permi t has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 9. Swift Creek Watershed Protection. The developer shall leave in place temporary sediment control devices and/or construct new BMP's or combinations of BMP's, which would achieve a maximum phosphorous runoff limit from the property of 0.22 pounds per acre per year until the permi t for construction of the initial facility contained in the Upper Swift Creek Watershed Plan is issued. The existing ponds on the property may be utilized for SWM/BMP purposes. (EE) 10. Access. a. Direct access from the property to Woolridge Road and to Otterdale Road shall be limited to one (1) public road onto each road. The exact location of these accesses shall be approved by the Transportation Department. - b. Initial access for development of the property shall be provided directly to Woolridge Road or to Woolridge Road via proposed Swift Fox Drive, located on the adjacent parcel to the east identified as Tax ID 713-679-0553. c. No access shall be permitted to or from the property to Woolridge Road via the existing fifty (50) foot wide right of way located along the 05-615 07/27/05 -~-- eastern boundary of the parcel identified as Tax ID 710-677-7701. (T) 11. Right of Way Dedication. In conjunction ~Ñith the recordation of the initial subdivision plat or prior to any si te plan approval, whichever occurs first, forty- five (45) feet of right of way on the north side of Woolridge Road, measured from the centerline of that part of Woolridge Road immediately adjacent to the property, and forty-five (45) feet of right of way on the east side of Otterdale Road, measured from the centerline of that: part of Otterdale Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 12. Road Improvements:.. To provide an adequatE! roadway system at the ,time of complete development, the developer shall be responsible for the following: a. Construction of additional pavement along Woolridge Road at the approved access to provide right and left turn lanes, if warranted, based on Transportation Department standards; b. Construction of additional pavement along Otterdale Road at the approved access to provide right and left turn lanes, if warranted, based on Transportation Department standards; c. Construction of additional pavement along Woolridge Road at the proposed Swift Fox Drive intersection, located on the adjacent parcel identified as Tax ID 713-679-0553, to provide a left turn lane, if warranted, based on Transportation Department standards; -' d. Widening/improving the north side of Woolridge Road and the east. side of Otterdale Road to an eleven (11) foot wide travel lane, measured from the existing centerline of each road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the roads with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entirE~ property frontage; e. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-way that is necessary for any improvement described in Proffered Condition 12, the developer may request, in writing, that the County acquire such right-of- way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisi tion of the "off-site" right--of-way, the developer shall be relieved of the obligation to 05-616 07/27/05 acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way, as determined by the Transportation Department. (T) 13. Phasing Plan. Prior to any construction plan approval or prior to any site plan approval, whichever occurs first, a phasing plan for the required road improvements, as identified in Proffered Condition 12, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require, among other things, that in conjunction with any development with any access to Woolridge Road as described in Proffered Condition 10 .b., all the road improvements along Woolridge Road, as identified in Proffered Condition 12. d. shall be completed as determined by the Transportation Department. In addition, the approved phasing plan shall require, among other things, that in conjunction with any development with any access to Otterdale Road, all the road improvements along Otterdale Road, as identified in Proffered Condition 12.d. shall be completed as determined by the Transportation Department. (T) 14. Transportation Contribution. At the option of the Transportation Department, the applicant, his successor(s), or assignee(s) (the "Applicant") shall comply with the obligations of Proffered Conditions 7.C. or 7.D. and, also shall pay to the County of Chesterfield: 1) prior to recordation of the initial subdivision section or prior to any site plan approval for any dwelling unit, whichever occurs first, the amount of $657,000; and 2) prior to recordation of a subdivision section or prior to a site plan approval for any dwelling unit, whichever occurs first, that would result in more than a cumulative total of 150 dwelling units on the property the amount of $657,000; and 3), prior to recordation of each subdivision section and prior to each site plan approval, for any dwelling unit, that would be in excess of a cumulative total of 300 dwelling units on the property, the amount of the road component of the cash proffer as defined in Proffered Condition 7.B. multiplied by the total number of lots or dwelling units shown on each approved final check plat and on each proposed site plan. The payments shall be used for road improvements within Traffic Shed 6 or for road improvements that provide relief to that Traffic Shed, as determined by the Transportation Department. The payments could be used towards road improvements to Woolridge Road and/or Otterdale Road. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (the "Improvements"), other than those road improvements identified in Proffered Condition 12, to Woolridge Road and/or Otterdale Road, then the cash proffer payment(s) for the road component as set forth in Proffered Condi tion 14 shall be reduced so long as the cost to construct the Improvements is of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as 05-617 07/27/05 -"'''''._,------,_.._-~'-_._.- determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer as set forth in Proffered Condition 14 as adjusted for the credit. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of-way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ("Work"). Before any Work is performed, the Applicant. shall receive prior written approval by the Transport.ation Department for any credit amount. (T) 15. Trail. The developer shall provide a trail along the length of Blackm~n Creek and Deep Creek from the northeastern to southwestern parcel boundaries. The exact length, width and treatment of the trail shall be approved by the Parks and Recreation Department. The trail shall be dedicated to the county or an easement granted to the county, or shall be owned and maintained by the Homeowners ,A.ssociation. (P&R) 16. Open Space. A minimum of fifteen (15) percent of the total open space required by the Zoning Ordinance Section 19-14(c) (2), shall be exclusive of the Resource Protection Area located along Blackman Creek and Deep Creek. (P) 17. Sole Access. All residential lots having sole access through Foxfield Subdivision shall have an average area of not less than 20,500 square feet. Such lots shall not exceed density of 1.45 units per acre. (P) 18. Except as provided herein, if requested by any County fire or safety agency or by any non-commercial fire and/or rescue squad station located within the county which could be served by the existing communication tower, the owner shall permit such agency or station to install its communications equipment on the tower without charge. Notwithstanding the foregoing, the owner shall not be required to provide such space to such agency or station if the owner submits an engineering study confirming that (i) the tower cannot structurally support the agenc)r's or station's equipment, taking into account existing equipment on t.he tower, equipment that the owner is committed to install on the tower, and other relevant factors, including space on the ground for equipment tha't supports tower-mounted equipment, or (ii) the tower cannot accommodate the agency's or station's equipment because of technical constraints due to potential frequency interference between th~= agency's or station's equipment and equipment installed or to be installed on the tower. (P) 19. Restrictive Covenants. The following restrictive covenants shall be recorded in conjunction with the recordation of any subdivision plat or prior to any site plan approval, which ever occurs first: a. Design Guidelines A shall be created for any a neotradi tional design Statement. The "Design Design Guidelines Manual areas to be developed with as defined in the Textual Guidelines Manual" shall 05-618 07/27/05 include but not be limited to the following development criteria: Architectural controls Garage locations Recreational amenities Mailboxes Street and External Lighting Street Trees Landscaping Streetscapes Fencing Building locations / Yard Requirements Driveways b. Architectural Board - The Architectural Board shall have exclusive jurisdiction over all original construction, modifications, additions or alterations made on or to all existing improvemen t s, and the open space, if any, appurtenant thereto on all property. It shall prepare and, on behalf of the Board of Directors, shall promulgate application and review procedures, all as part of the design and developmental standards. The Architectural Board shall incorporate the "Design Standards Manual", as described below in its review and approval of all applications submitted. Copies of the "Design Guidelines Manual" shall be available from the Archi tectural Board for review and use by owners, builders and/or developers. The guidelines and procedures shall be those of the Association, and the Architectural Board shall have sole and full authority to prepare and to amend the standards available to owners, builders, and developers only under extreme circumstances or hardships. Such circumstances or hardships shall be clearly demonstrated to be considered for amendment. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such time as one hundred percent (100%) of all property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Architectural Board. At no time shall the Architectural Board have fewer than three members nor more than five (5) members. The declarant may, at his option, delegate to the Board of Directors its right to appoint one or more members of the Architectural Board. At all times, at least one (1) member of the Architectural Board shall be a member of the Association, and at least one (1) member shall be an architect licensed to practice in the State of Virginia. It is intended for the Architectural Board to maintain the character and integrity of the development. c. Signs - No signs shall be erected or maintained on any residential property by anyone including, but not limited to, the owner, a contractor, or a subcontractor, except as provided for in the "Development Guidelines Manual" or except as may be required by legal proceedings. Residential 05-619 07/27/05 property identification and like signs not exceeding a combined tot.al of more than one (1) square foot may be erected wi thou t t:he wri t ten permission of the Declarant or the Association. Realtor signs "For Sale" may be erected and are subject to review of the Declarant or Architectural Board. d. Condition of Ground It shall be the responsibilit,ÿ of each property owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on his lot. All improvements on each lot shall be kept in good repair, and where necessary, painted in a regular basis. No portion of the property shall be used or maintained as a dumping ground for rubbish. Outdoor burning of leaves, trash, or other debris shall not be permitted. All trash, garbage, and other waste shall be kept in sanitary containers, which shall be surrounded by a wood or vinyl screen with such screening to be approved by the ARC, or otherwise out of sight from the street. e. Snow and required sidewalks property. Ice Removal to perform tha tare -Each property owner shall be snow and ice removal from on/or adjacent to their f. Residential Use All lots shall be used for residential purposes exclusively. The use of a portion of a dwelling on a lot as an office by the owner or tenants thereof shall be considered a residential use if such use does not create customer or client traffic to and from thE~ lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dwelling and one (1) accessory building which may include a detached privatE~ garage, provided the use of such accessory bui lding does not overcrowd the side and provided further that such building is not used for any activity normally conducted as business. Such accessory building may not be constructed prior to the construction of the main buildin9 and approved by the Board. 1. The provisions of this paragraph shall prohibit the Developer from using a house model as provided in this Declaration. not as a g. Exterior Structure Completion - The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to the strikes, fires, national emergency, or natural calamities. Houses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonable clean and uncluttered condition. 05-620 07/27/05 h. Screened Areas Each builder shall provide a screened area to serve as a service yard and an area in which garbage receptacles, fuel tanks, similar storage receptacles, electric and gas meters, air condi tioning equipment, clotheslines, and other unsightly objects much be placed or stored in order to conceal them from view from the road and adjacent properties. Plans for such screened area delineating the size, design, texture, appearance, and location must be in accordance with the "Design Standards Manual" and approved by the Architectural Board prior to construction. Garbage receptacles and fuel tanks may be located outside of such screened area only if located underground. - i. Vehicle Storage - No mobile home, trailer, tent, barn, or other similar out-building or structure shall be placed on any lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be maintained on a lot, but only when in an enclosed or screened area approved by the Architectural Board such that they are not generally visible from adjacent properties. J. Temporary Structures - No structure of a temporary character shall be placed upon any lot at any time provided, however, that this prohibition shall not apply to shelter or temporary structures used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not at any time be used as residences or permitted to remain on the lot after completion of construction. The design and color of structures temporarily placed on the lot by a contractor shall be subject to reasonable aesthetic control by the Architectural Board. k. Antennas - No television antenna, radio receiver or sender, or other similar device shall be attached to or installed on the exterior portion of any building or structure or any lot, except as permitted by applicable law and except that should cable television services be unavailable and good television reception not be otherwise available, a lot owner may make written application to the Association for permission to install a television antenna and such permission shall not be unreasonably withheld. 1. Further Subdivision - No lot shall be subdivided or its boundary lines changed, nor shall applications for same be made to Chesterfield County, except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its successors, or assigns the right to replat any lot or lots owned by it and shown on the plat of any subdivision in order to create a modified building lot or a replatted lot suitable and fit as a building site including, but not limited to, the recreational facilities, and other 05-621 07/27/05 m. ~._---- amenities to conform to the new boundaries of said replatted lots, provided that no lot originally shown on a :recorded plat is reduced to a size smaller than the smallest lot shown on the first plat of the paragraph shall not prohibit the combining of two (2) or more continuous lots into one (1) larger lot, only the exterior boundary lines of the resulting larger lot shall be considered in the interpretation of these covenants. Animals - Only common household pet animals shall be permitted. All pet animals must be secured by a leash or lead, or be under the control of a responsible person and obedient to that person's command at any time they are permitted outside a residence or other enclosed area upon a lot approved by the Architectural Board for the maintenance and confinement of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon any residential lot. After giving a lot owner written notice of complaint and reasonable opportunity to remedy the situation, the Board of Directors may order the removal of any pet, which has been a nuisance or a danger. n. Motor Bikes All Terrain Vehicles - No motor bikes, motorcycles, or all terrain vehicles shall be driven upon the common area, lots, pathways, or roads (unless properly licensed on roads) with the exception of licensed vehicles and mopeds which shall be operated solely upon the public streets for direct ingress and egress purposes only. o. Swimming Pools No swimming pool, whether in ground or above ground, whether permanent or temporary, shall be installed upon any lot without the prior written consent of the Architectural Board. The Architectural Board shall rec~ire that all swimming pools be adequately screened. p. Rules and Regulations - The Board of Directors is gran ted and sha II have the power to promulga te rules and regulations, from time to t.ime, governing the use of and acti vi ty upon the Common Area and the Recreational Facilities (if the Recreational Facilities are owned or leased by the Association) . All rules and regulations promulgated by the Board of Directors shall be published and distributed to each member of the Association at least thirty (30) days prior to their effective date. q. Enforcement .- The Board of Directors reserves the right to correct any situat.ion, on any lot that violates the deed restrictions herein. The Board shall provide written notice to the owner in violation a minimum of thirty (30) days prior to any action to be taken by the Board. The Board shall have the right to correct the violation and collect reimbursement from the owner of the lot requiring action. If paYment is not made or arranged for within thirty (30) days of the Boards 05-622 07/27/05 request, the Board reserves the right to place a lien on said property or take any appropriate legal action necessary. (P) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SR0175 In Dale Magisterial District, GEORGE CLARKE, JR. AND BARBARA CLARKE request renewal of Conditional Use (Case 97AR0183) and amendment of zoning district map to permit a business (fuel oil business and dump truck service) operated incidental to a dwelling unit. 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-7) District on 7.0 acres fronting approximately 320 feet on the east line of Flagler Road approximately 450 feet south of Wannee Way, also fronting approximately 1,050 feet on the west line of Conifer Road approximately 450 feet south of Bellbrook Drive. Tax IDs 784-676-0576, 0749 and 2573 (Sheet 18). Ms. Peterson presented a summary of Case 05SR0175 and stated the business was originally permitted by a special exception in 1984 and has been subsequently renewed without public opposition. She further stated if this were a new request, staff would not support the use as the property is located in a residential area that is experiencing new growth. She stated since the request is a renewal of a previously granted use permit, after consideration of public input should the Board wish to approve the renewal, acceptance of the proffered conditions would be appropriate. She further stated the Planning Commission recommends approval and acceptance of the proffered conditions. Mr. Leonard Paris, representing the applicant, stated the Planning Commission's recommendation is acceptable. He further stated the business has been in operation for 30 years and has the support of the neighbors. He recogni zed approximately 15 neighbors who stood in support of the request. Mr. Barber called for public comment. Mr. Eddie Parker stated he supports the request because Mr. Clarke is a good neighbor in addition to being a businessman. ..~ There being no one else to speak to the request, the public hearing was closed. Mr. Miller stated he supports the request because he believes the proffered conditions will ensure the integrity of the area. He further stated the business has been in existence for many years with no public opposition. Mr. Miller then made a motion, seconded by Mr. King, for the Board to approve Case 05SR0175 and accepted the following proffered conditions: 05-623 07/27/05 --,,~.-,,-,...,----_.. 1. This Conditional Use shall be granted to and for George w. Clarke, Jr. , exclusively, and shall not be transferable nor run with the land (P) 2. This Conditional Use shall be limited to the operation of a fuel oil business and a dump truck service. A maximum of three dump trucks and three fuel oil trucks used in conjunction with this operation shall be parked on the site. On-si te parking for employees shall also be permitted. (P) 3. Parking areas associated with this operation shall be located on Tax ID 784-676-0749. Parking areas and driveways shall be paved within sixty (60) days of the approval of the plan referenced in Condition 12.a. (P) 4. A maximum of one (1) employee shall be permitted other than family member employees that live on the property. ( P) 5. No clients shall be permitted on the property. ( P) 6. Hours of operation shall be limited to between 6:30 a.m. and 6: 30 p.m., Monday through Saturday. No Sunday operation shall be permitted. (P) 7. Access to the property shall be limited to Conifer Road. (P) 8. No additions or ext.erior alterations shall be permitted to the exterior of the dwelling or accessory buildings to accommodate this use. (P) 9. A 100 foot buffer shall be established along the southern property boundary. This buffer shall comply with the requirements of the Ordinance for 100 foot buffers. (P) 10. Landscaping shall be installed to minimize the views of the truck parkin9 area and garage from Conifer Road, Flagler Road and the northern property boundary. The exact species, number and spacing of plant material shall be reviewed and approved by the Planning Commission as outlined in Condition 12.b. (P) 11. A containment berm, a minimum of one (1) foot in height, shall be installed around the low side of the truck parking area to contain any oil runoff from these vehicles. The exact details and location of this berm installation shall be reviewed and approved by the Environmental Enl;rineering Department as outlined in Condition 12.a. (P) 12. Within thirty (30) days of approval of this request, the applicant shall submit the following information: a. A plan depicting the berm required by Condition 11, the buffer required by Condition 9 and the parking and driveway areas for review and approval by the Planning and Environmental Engineering Departments. In conjunction with this review, a phasing plan for the installation of the landscaping and berm improvements shall be reviewed and approved. 05-624 07/27/05 b. A plan depicting the landscaping requirement noted in Condition 10 and a phasing plan for the installation of these improvements for review and approval by the Planning Commission. (P & EE) 13. There shall be no signs to identify this use. (P) 14. Other than the vehicle parking outlined in Condition 2, there shall be no outside storage. (P) 15. Within sixty (60) days of the approval of this request, twenty-five (25) feet of right-of-way on the west side of Conifer Road, measured from the centerline of the part of Conifer Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SN0214 In Matoaca Magisterial District, BRACKEN LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-88). Residential use of up to 0.50 unit per acre is permitted in a Residential (R-88) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots, suited to R-88 zoning. This request lies on 107.5 acres fronting approximately 1,000 feet on the north line of Graves Road approximately 400 feet east of River Road; also fronting approximately 2,300 feet on the east line of River Road approximately 150 feet north of Graves Road. Tax IDs 755- 622-8744 and 9225; and 756-620-2777 (Sheet 40). Mr. Clay presented a summary of Case 05SN0214 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He noted the request conforms to the Southern and Western Area Plan and addresses the impact on capital facilities. Mr. Andy Scherzer, representing the applicant, stated the applicant has added a number of proffered conditions to address neighborhood concerns relative to infrastructure, sight distance and drainage minimization. He further stated the applicant has agreed to cap density at a maximum of 55 lots and has added deed and house size restrictions. He requested the Board's approval. Mr. Barber called for public comment. No one came forward to speak to the request. Mrs. Humphrey made a motion, seconded by Mr. Board to approve Case 05SN0214 and accept conditions. King, for the the proffered Mr. Turner stated the Board should accept staff's recommended proffered condition relative to cash proffers as opposed to the Planning Commission's recommended proffered condition. 05-625 07/27/05 ----,---_.._--~ Mrs. Humphrey amended her motion to include staff's recommended proffered condition relative to cash proffers. Mr. King concurred with the amendment. Mr. Barber called for a vote on the motion of Mrs. Humphrey, seconded by Mr. King, for the Board to approve Case 05SN0214 and accept the followinçr proffered conditions: 1. The applicant, subdivider, or assignee(s) shall pay the following, for infrastructure improvements within the service district for the property, to the county of Chesterfield prior to the issuance of building permit: a. $11,500.00 per dwelling unit, if paid prior to July 1, 2005; or b. The amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift building cost index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. c. Cash proffer payments purposes proffered or law. (B&M) shall be spent for the as otherwise permi tted by 2. The maximum density of this development shall not exceed fifty five (55) lots. (P) 3. Manufactured homes shall not be permitted. (P) 4. The minimum gross floor area for one story dwelling units shall be 1800 square feet and dwelling units with more than one story shall have a minimum gross floor area of 2000 square feet. (P) 5. The developer shall be responsible for notifying by registered, certified or first class mail, any immediate adjacent owners of the submission of any tentative subdivision plans for the development. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to the approval of such plans. The developer shall provide the Planning Department with evidence that such notice was sent. (P) 6. All exposed portions of the foundation of each new dwelling unit shall be faced with brick or stone veneer. Exposed piers supporting front porches shall be faced with brick or stone veneer. (BI & P) 7. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) --" 8. To minimize the effect by the development on the small offsite pond (TAX ID 758-620-3286), all impervious areas shall drain (to the maximum extent practical) away from 05-626 07/27/05 the pond, as approved by the Department of Environmental Engineering. (EE) 9. Direct access from the property to River Road and to Graves Road shall be limited to one (1) public road onto each roadway. The exact location of these accesses shall be approved by the Transportation Department. (T) - 10. The existing driveway that serves Tax ID #755-622-9225 shall be permitted to remain. This shall not preclude the ability for any improvements to or the relocation of said driveway. (T) 11. In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right-of-way along the east side of River Road and thirty-five (35) feet of right-of-way along the north side of Graves Road, measured from the centerlines of that part of the roadways immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 12. To provide an adequate roadway system, the developer shall be responsible for the following improvements: a. Construction of additional pavement Road at the approved access to provide left turn lanes, if warranted, Transportation Department standards. along River a right and based on b. Construction of additional pavement along Graves Road at the approved access to provide right and left turn lanes, if warranted, based on Transportation Department standards; c. Widening/improving the east side of River Road and the north side of Graves Road to an eleven (11) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage. d. Clearing/grading in the southwestern corner of the property to provide adequate sight distance for drivers traveling northbound on River Road, as determined by the Transportation Department at time of construction plan review. e. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-way that is necessary for any improvement described in Proffered Condition 12, the developer may request, in writing, that the County acquire such right-of- way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the 05-627 07/27/05 ----.......-.----.. County chooses not to assist the developer in acquisition of the "off-site" right-of-way, the developer shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way, as determined by the Transportation Department. ('I') 13. At a minimum the :Eollowing restrictive covenants shall be recorded in conjunction with the recordation of any subdivision plat: a. No lots shall be used except for single-family residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed three stories in height and one private garage. b. Only one residence shall be erected or placed on a single lot, and no lot shall, after its original conveyance, be subdivided into smaller lots or parcels. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. c. No noxious or offensive acti vi ty shall be carried on upon any lot, nor shall anything be done thereof which may become an annoyance or nuisance to the neiçrhborhood. d. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Nor shall any of the above be kept on any lot except in sanitary containers. e. No animals, livestock, or poultry of any kind, shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept therein if they are not kept, bred, or maintained for any commercial purpose, and in accordance with the applicable ordinances. f. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than six square feet advertising the property for sale or rent, unless approved by the Architectural Control Committee in writing. g. All property shall be maintained free of tall grass, undergrowth, dead trees, weeds and trash, and generally free of any condition that would decrease the attractiveness of the property. h. No trailer having a height of five feet or more shall be parked over 12 hours in anyone week on any property or driveway so as to be visible from the street. No motor vehicle shall be parked over 12 hours in anyone week on any property without having a current virginia State license tag, unless such vehicle is parked in an enclosed garage. 05-628 07/27/05 i. The exterior of all houses and other structures must be completed within one year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or bui lder due to strikes, fires, national emergency or natural calamities. Houses may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction, the owner of the parcel shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. ,....... j. An Architectural Control Committee (herein called "Committee") originally composed of Francis Beers and Craig Lane is hereby established. The Committee together with the written consent of the property owners may amend, modify, or waive, in writing any of the restrictions. The members of the Committee shall receive no compensation. At any time, the then recorded owners of eighty percent of the property shall have the power through a duly recorded written instrument to change membership of the Commi t tee or to wi thdraw from the membership of the Committee or to restore any of its powers and duties. k. No improvement shall be erected, placed or altered on any lot until the construction plan thereof, and a plan showing the location of the said improvements shall be submitted to and approved by the Architectural Control Committee. No construction on said improvements shall commence until the said plans and location of said improvements shall have been approved by the Commi t tee in wri ting . The Committee reserves the right to request such information and data; such as, quality of workmanship and materials, type of construction, harmony, of exterior design with existing structures and location with respect to topography and finished grade elevation, as may be necessary to make said determination. Prior to the commencement of any improvements, written approval may be withdrawn at any time by the Committee by giving written notice to said party of its wi thdrawal of said approval. The Committee approval as required above shall be in writing and, in the absence of such written approval, construction plans and location plans shall be considered as disapproved. The building location on all lots shall be within the applicable county zoning ordinance, and at the discretion of the Committee. 1. Approval by the Committee shall not constitute a basis for liability of the member or members of the Committee, the Committee or the owner for any reason including without limitation; (i) failure of the plans to conform to any applicable building code; or (ii) inadequacy or deficiency in the plans resulting in defects in the improvements. 05-629 07/27/05 m. n. o. p. The gross floor area of any single-family residence erected on any of the lots shall not be less than 1,800 square feet for a single-story residence, not less than 2,000 square feet for anyone and one- half story or two story residence. Attached covered porches, covered stoops, breezeways, and garages shall not be included in computing said square footage. The foundation of all single-family residences on any lot shall be faced with brick or stone veneer. Exposed piers supporting front porches shall be faced with brick or stone veneer and openings shall be covered with lattice. All single-family residences shall conform Colonial or Traditional Architectural style. prefabricated single-family residences shall erected on any lot. to a No be No fences shall be permitted between the single- family residences and the street line. Split-rail fences or other wooden fences may be built between the rear of the house and the rear lot line. The split-rail fence may be backed with wire to provide animal retention. q. Easements for installation and maintenance of utilities and drainage are reserved as shown on the said subdivision plat. r. Except as otherwise provided by applicable law and unless approved by the Committee, no antenna, aerial, or device shall be erected or placed on any property, house, or garage, or other outbuilding other than the normal ant.ennas, aerial or device necessary to facilitate the reception of television signals, and/or radio signals, normally incident to t.he radio and television receivers normally used in the home. Satellite dish type television antennas are specifically prohibited unless specifically approved in writing by the Committee or unless permitted by applicable law. s. Each and every covenant, condition, and easement herein imposed may be enforced by the undersigned or by the owner of any lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same. t. Manufactured Homes shall not be permitted. (P) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. Barber requested a ten-minute recess. Reconvening: 05-630 07/27/05 17. PUBLIC HEARINGS 1.7.A. TO CONSIDER AN ORDINANCE TO ESTABLISH THE "BECKHAM DRIVE SEWER ASSESSMENT DISTRICT" FOR FOUR LOTS IN THE ENGLEWOOD SUBDIVISION - Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to establish the "Beckham Drive Sewer Assessment District." Mr. Barber called for public comment. Ms. Lisa Cuseo, a resident of Beckham Drive, stated her septic system is operating on borrowed time and will cost $20,000 to replace. She stated she appreciates Mr. Barber's efforts to try and satisfy all of the parties involved in the sewer assessment district, but stressed the importance of the Board's consistency in dealing with assessment districts. There being no one else to speak to the issue, the public hearing was closed. Mr. Barber stated an arrangement has been worked out so that all parties involved now support the sewer line. Mr. Barber then made a motion, seconded by Mr. Miller, for the Board to adopt the following ordinance: AN ORDINANCE CREATING THE BECKHAM DRIVE SPECIAL TAX OR ASSESSMENT SEWER DISTRICT, IMPOSING ASSESSMENT AGAINST LAND OWNERS IN THE DISTRICT AND PROVIDING FOR SUSPENSION OF PAYMENT FOR CERTAIN ELDERLY OWNERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Beckham Drive Special Tax or Assessment Sewer District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Beckham Drive Special Tax or Assessment Sewer District. Map of the District: The map entitled "Beckham Drive Sewer Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. ,- Section 2. Establishment of the Beckham Drive Special Tax or Assessment Sewer District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Beckham Drive Special Tax or Assessment Sewer District. The area of the district shall be and the same is hereby fixed wi thin the boundaries depicted on the map of the district. 05-631 07/27/05 ----.-.... Section 3. Construction of certain sewer facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the sewer line and appurtenant facilities depicted on t.he map of the district. Section 4. Taxes or assessments upon owners of property located within the district. The cost of construction of the sewer line and appurtenant facilities located wi thin the district shall be apportioned among the owners of property abutting the sewer line. The amount of the tax or assessment charged to each such owner shall be one fourth (1/4) of the total cost of the improvements constructed wi thin the district, including the legal, financial and other directly attributable costs incurred by the County. The one fourth (1/4) 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 sewer 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 sewer line and appurtenant facilities constructed pursuant to t.his 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 forty (40) equal semiannual principal installments over a period of twent.y (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the index of average yield on United States Treasury Securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank on the date when this ordinance was adopted. The first of such installments shall be due on and int.erest 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. Suspension of payment of assessments. Payment of assessments otherwise due under this ordinance shall be suspended for any owner who owned property on the day the ordinance creating the assessment district was adopted and who occupies a residential building located on the property and is 65 years of age or older. However when the property is no longer occupied by a person who is 65 years of age or older or is conveyed to another person or persons, irrespective of the age of the person or persons to whom the property is conveyed, the suspension of payments shall cease and the entire assessment, including accrued interest, shall be immediately due and payable. It shall be the obligation of any such owner to provide a driver's license or other photo identification establishing proof of 05-632 07/27/05 age satisfactory to the director of utilities in order for such suspension to become effective. Section 7. 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. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 17.B. TO CONSIDER AN ORDINANCE AMENDMENT TO SECTION 14-23 AND REPEAL OF SECTION 14-24 OF THE COUNTY CODE RELATING TO USE OF ALCOHOL ON CERTAIN PUBLIC PROPERTY Mr. Micas stated this date and time has been advertised for a public hearing for the Board to consider an ordinance amendment relating to the use of alcohol on certain public property. He further stated the Board has historically prohibited the consumption of alcohol on public property. He stated certain county-owned properties have requested that the Board amend its ordinance to allow the limited use of alcohol, including Henricus Historical Park, Eppington, Castlewood, Magnolia Grange and the future Senior Center at Huguenot Park. He stated the ordinance amendment ensures that anyone wanting to consume alcohol in these limited locations would have to obtain an ABC permit as well as a permit from the Parks and Recreation Department, similar to those granted for outdoor music festival permits. Mr. Barber called for public comment. Colonel Horace Mann, member of the Chesterfield Historical Society, stated the Historical Society is losing revenue because it is unable to rent its facilities to individuals who want to be able to consume alcoholic beverages at their events. He urged the Board to adopt the ordinance. There being no one else to speak to the issue, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Barber, for the Board to adopt the ordinance amendment relating to the use of alcohol on certain public property. Mrs. Humphrey expressed concerns that the damage/clean-up deposit is only $150. Mr. Micas stated, if staff finds that $150 sufficient deposit amount, it can be increased. damage fee is not a part of the ordinance. is not a He noted the Mr. King stated, from a business perspective, he believes Henricus's financial issues are a result of being limited in the way they can acquire their resources. He further stated this will be an additional way for the Historical Society's sites to acquire revenue. He stated Mr. Miller worked very hard to not have alcohol in the county's public parks, and this concept is very different and does not allow alcohol in 05-633 07/27/05 any of the county's public parks, but at private events in historic places under the direction of the Historical Society and Parks and Recreation. Mr. Barber stated revenue has been an issue for the Senior Center of Richmond as well, and this will provide an opportunity for them to help them make ends meet.. Mr. Miller stated he believes this is the wrong thing for the Board to do. He further stated the county's policy prohibiting alcohol consumption on public property has existed for many years. He expressed concerns that alcohol is the single most abused drug among our youth. He stated there are many other opportuni ties for persons who want to include alcohol consumption at their events to hold them elsewhere. He further stated there are people who do not support alcohol consumption who pay taxes that help support some of these places. He stated he believes there are certain principles that should transcend economic gain. He further stated he cannot support this ordinance amenliment and believes it will set a bad precedent. Mr. Barber called for a vote on the motion of Mr. Warren, seconded by Mr. Barber, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 14-23 AND REPEALING SECTION 14-24 RELATING TO USE OF ALCOHOL ON PUBLIC PROPERTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-23 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted and section 14-24 is repealed to read as follows: Sec. 14-23. Drinking alcoholic beverages, or tendering same to another, in a county park. (a) No person shall possess opened alcoholic beverage containers or drink an alcoholic beverage or tender a drink of an alcoholic beverage to another in a county park provided, however, that alcoholic beverages may be consumed at an event held at the following locations: Henricus, Eppington, Castlewood, Magnolia Grange and the senior center at Huguenot Park after obtaining a valid banquet license issued by the Virginia Department of Alcohol Beverage Control and agreeing to comply wi th the terms of a special permit issued by the county administrator. The county Department of Parks and Recreation shall promulgate regulations for the issuance of permits aut.horized by this section. (b) No person shall possess opened alcoholic beverage containers on any county property used for a school or on any street, road, or highway located in the county. (c) Violation of this section shall constitute a class 4 misdemeanor. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Barber, King and Warren. Nays: Humphrey and Miller. 05-634 07/27/05 17.C. TO CONSIDER THE CHESTER PLAN, AN AMENDMENT TO THE PLAN FOR CHESTERFIELD, INCLUDING REPLACEMENT OF THE CHESTER VILLAGE PLAN AND AMENDMENTS TO THE CENTRAL AREA PLAN AND THE THOROUGHFARE PLAN Ms. Sara Carter, Principal Planner, stated this date and time has been advertised for a public hearing for the Board to consider The Chester Plan, an amendment to The Plan for Chesterfield, including replacement of the Chester Village Plan and amendments to the Central Area Plan and the Thoroughfare Plan. She further stated staff has recommended one change on page 8 - replace the definition of neighborhood mixed use with more standard language that has been typically used. Mr. Barber called for public comment. Ms. Lynn Crump, Vice President of the Chester Community Association, stated she is particularly pleased that the community's vision for the Chester Village area was added as a part of the plan. She expressed concerns relative to the communi ty' s desire to have open space and greenways be a stronger part of the plan and suggested that an open space plan for the county as a whole be considered in the future. There being no one else to speak to the issue, the public hearing was closed. Mr. Barber stated the Committee on the Future is currently working on a report relative to green infrastructure and requested that Ms. Crump be invited to upcoming community meetings relative to the report. Mr. King commended the Chester residents for their diligence in creating The Chester Plan. On motion of Mr. King, seconded by Mr. Barber, the Board adopted The Chester Plan, including staff's recommended change relative to the definition of neighborhood mixed use; replacement of the Chester Village Plan and amendments to the Central Area Plan and the Thoroughfare Plan. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 17. D. TO CONSIDER AN AMENDMENT TO SECTION 17 - 5 OF THE COUNTY CODE, RELATING TO SUBDIVISION PLAT RESTRICTION, APPROVAL AND EXEMPTION PROVISIONS Mr. Mike Tompkins, Assistant Director of Planning, stated this date and time has been advertised for a public hearing for the Board to consider amendments to the County Code relative to subdivision plat restriction, approval and exemption provisions. Mr. Barber called for public comment. No one came forward to speak to the ordinance amendments. 05-635 07/27/05 hearing to consider ordinance amendments relating to home occupations until October 12, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. - On motion of Mr. Barber, seconded by Mr. Warren, the Board suspended its rules at this time to allow for consideration of agenda items after 11:00 p.m. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 17.G. TO CONSIDER AMENDING COUNTY CODE SECTION 2-80 RELATING TO JUVENILE FIREF~GHTERS Deputy Chief Graham stated this date and time has been advertised for a public hearing for the Board to consider amendments to the County Code to eliminate the requirement that juvenile firefighters be residents of the county and clarifying that those juveniles can seek certification to participate fully in junior firefighter programs. Mr. Barber called for public comment. No one came forward to speak to the ordinance amendments. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 2-80 RELATING TO PARTICIPATION BY MINORS IN VOLUNTEER FIRE COMPANY ACTIVITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 2-80 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: Sec. 2-80. Participation by minors in volunteer fire company activities. Pursuant to the authority of Code of Virginia, § 40.1- 79.1, the county hereby authorizes any minor 16 years of age or older who is a member of a volunteer fire company within the county, with parental or legal guardian approval, (i) to seek certification under National Fire Protection Association NFPA 1001, Level One, fire fighter standards, as administered by the Virginia Department of Fire Programs; and (ii) to work with or participate fully in all activities of such volunteer fire company, provided such minor has attained certification under NFPA 1001, level one, firefighter standards and subject to any restrictions that may be imposed by the volunteer fire department or the Chesterfield Fire/EMS Department. The certification record and consent for each participant shall be kept on file in the office of the Chesterfield Fire/EMS Department. 05-639 07/27/05 2) That this ordinance shall become effective immediately upon adoption. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 17.H. TO CONSIDER AMENDMENTS TO SECTIONS 14-14 THROUGH 14-16 OF THE COUNTY CODE REGULATING THE USE OF PNEUMATIC GUNS IN THE COUNTY Captain Dan Kelly stated this date and time has been advertised for a public hearing for the Board to consider amendments to the County Code regulating the use of pneumatic guns in the county. He noted the proposed language mirrors the state code. Mr. Miller inquired whether the ordinance amendments will prohibit kids from shooting BB guns. Captain Kelly stated BB guns have always been regulated by the county. He stated children with BB guns need to be supervised by a parent or guardian and cannot operate the guns within 300 feet of an occupied dwelling or place of business. He further stated today' s pneumatic weapons are much more powerful than the traditional BB guns. Mr. Barber called for public comment. Mr. Charlie Merritt expressed concerns that many people were unaware of the regulations regarding BB guns. He suggested a complete review of the code so that everyone could become familiar with some of its inanities. He inquired whether the proposed ordinance amendments would prohibit responsible adults from discharging pneumatic guns within 300 feet of a dwelling of business establishment, rather than just minors. He requested that the Board defer the issue until the language can be clarified. -- Mr. Tom Surface, a resident of Woodland Pond, expressed concerns that if the ordinance is adopted, he will not be allowed to train his grandchildren in the use of a BB gun. He stated he agrees that children need supervision, but it would be a shame to lose the right, as a responsible adult, to train his grandchildren. Mr. Ian Wright, a resident of the Bermuda District, stated he agrees that children need to be supervised when using pneumatic weapons, but he believes the proposed ordinance amendments represent "overkill." He expressed concerns relative to the impact of the ordinance amendments on the operation of paintball fields. He also expressed concerns that the ordinance would require that paintball ranges and instructors be certified by the National Rifle Association (NRA), indicating that paintball and pneumatic ranges are not certified by the NRA, but they do have safety guidelines in place. Ms. Susan Long, a resident of the Midlothian District, expressed concerns that she would be unable to instruct her 14-year-old son in the use of a firearm if the ordinance is adopted. She stated shE~ believes in gun-proofing her child, not childproofing her gun.. 05-640 07/27/05 Mr. Bill Noxon, a resident of the Dale District, stated he does not support the ordinance because it will prohibit thousands of county residents from instructing their children in gun safety. No one else came forward to speak to the ordinance amendments. ,- In response to Mrs. Humphrey's question, Mr. Micas stated the ordinance amendments are optional. In response to Mr. Miller's question, Mr. Micas stated BB rifles are not illegal in the county - they are regulated. He further stated the ordinance amends the definition of "air gun" to the more modern "pneumatic gun." He stated pneumatic guns are more powerful than the traditional BB gun and also include paintball guns. He further stated the ordinance amendments would preclude anyone, not just juveniles, from using pneumatic guns within 300 feet of a dwelling or business establishment. He noted the language in the ordinance amendments track state law. He stated the county can choose whether or not to regulate pneumatic guns, and if they choose to regulate, then the language must follow state law. Mr. King stated he would be more comfortable with a deferral of the issue for the Board to receive additional information regarding the ordinance amendments. Mr. Barber stated, although he has no issues with the proposed language, he would support a deferral for additional clarification of the language. Mrs. Humphrey stated she agrees that a deferral would give Board members time to have questions answered. She further stated she wants a response from the Police Department as to the necessity for the ordinance amendments. She suggested that the residents who spoke tonight meet with her prior to the deferral date to further discuss the issue. After further discussion, Mr. King made a motion, seconded by Mrs. Humphrey, for the Board to defer the public hearing to consider ordinance amendments relating to the use of pneumatic guns in the county until September 21, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. - 17.I. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTIONS 14-9, 14-10 AND 14-11 RELATING TO CARRYING LOADED FIREARMS AND DISCHARGING LOADED FIREARMS ON OR NEAR PUBLIC HIGHWAYS, PUBLIC SCHOOLS, OR PUBLIC PARKS Captain Kelly stated this date and time has been advertised for a public hearing for the Board to consider amendments to the County Code relating to carrying loaded firearms and discharging loaded firearms on or near public highways, public schools or public parks. He noted these amendments also mirror state law. 05-641 07/27/05 Mr. Micas stated the Commonwealth Attorney requested the ordinance amendments to be able to prosecute cases consistent with state law. He noted these amendments are not optional. Captain Kelly stated the amendments will actually broaden gun owners' rights. Mr. Micas explained that the ordinance amendments expand the exemptions regarding the right to carry firearms. In response to Mr. King's question, Mr. Micas stated the County Code sections included in the ordinance amendments are currently more stringent than the state code. Mr. Barber called for public comment. Mr. Ian Wright expressed concerns that the proposed ordinance amendments fail to reflect new state law, which became effective July 1, 2005, relative to the carrying of weapons by concealed carry permit. holders onto school property. Mr. Tom Surface expressed concerns relati ve to inconsistencies with the proposed ordinance amendments and state law. He stated he feels the Board should take additional time and further review the amendments. In response to Mr. Miller's question, Mr. Micas stated the code sections addressed in these ordinance amendments only expand the exemptions for carrying and discharging loaded firearms. He further stated the issues raised by Mr. Wright and Mr. Surface deal with code sections that are not a part of this ordinance. He stated the Board could adopt these amendments and expand the exemptions requested by the Commonwealth Attorney, and then address the issues raised regarding concealed carry permit holders with the-' Commonwealth Attorney at a later ti.me. Discussion ensued relative to the new state law relative to carrying of weapons by concealed carry permit holders onto school property. Mr. Charlie Merritt stated it would make more sense to defer the amendments, re-write the ordinance to incorporate present law, and consider the issues simultaneously at a later date. No one else came forward to speak to the ordinance amendments. Mr. Miller stated he has no problem supporting the ordinance amendments expanding the exemptions, but feels the Board needs to take a comprehensive look at the ordinance. Mr. Barber suggested that this issue be deferred as a companion to the ordinance amendments relative to pneumatic guns. Mr. Barber then made a motion, seconded by Mrs. Humphrey, for the Board to defer the public hearing to consider ordinance amendments relating to carrying loaded firearms on public highways, discharging firearms, hunting or carrying loaded firearms near public schools or parks and providing for a penalty until September 21, 2005. -' Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-642 07/27/05 17.J. TO CONSIDER AMENDING COUNTY CODE SECTION 15-196 RELATING TO RATES FOR TAXI SERVICES - Mr. Micas stated the Regional Taxi Commission has requested an increase in taxi fees that would be on a regional basis, increasing the rates 10 cents from 30 cents for every fifth mile to 40 cents for every fifth mile. He noted Richmond, Henrico and Hanover have indicated that they intend to adopt the ordinance by October 1st. Mr. Barber stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the County Code relating to rates for taxi services. He then called for public comment. No one came forward to speak to the request. Mr. Ramsey stated, because the other jurisdictions are still in the process of hearing this issue, he recommends that the Board defer action until September 21, 2005. Mr. Barber closed the public hearing. Mr. Barber then made a motion, seconded by Mr. King, for the Board to defer consideration of the ordinance amendment to Section 15-196 of the County Code relating to rates for taxi services until September 21, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 17. K. TO CONSIDER THE CONVEYANCE OF COUNTY PROPERTY TO THE COMMONWEALTH OF VIRGINIA Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the conveyance of county property to the Commonwealth of Virginia. Mr. Barber called for public comment. No one came forward to speak to the issue. On motion of Mr. King, seconded by Mr. Barber, the Board approved the conveyance of county property to the Commonwealth of Virginia along Jefferson Davis Highway and Milhorn Street, and authorized the Chairman of the Board of Supervisors and the County Administrator to execute the deeds. (It is noted copies of the plats are filed with the papers of this Board.) - Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or zoning at this time. 05-643 07/27/05 ~~._~_.,_."<".._Mwm__ 19. ADJOURNMENT On motion of Mrs. Humphrey, seconded by Mr. King, the Board adjourned at 11:53 p.m. until August 24, 2005 at 3:00 p.m. Ayes: Nays: Barber, King, Humphrey, Miller and Warren. None. - ---~ r .~/. /" tl i <;~~'(',(:.!.,./.,'."""'~~:' ',~,.(.~' ,·.,i· , . ,( 'r'" .. " '. ".i) .~.,. ¿ .<' ____.... Edward B. Barber Chairman L ne B. Ramsey / County Administrator (/ 05-644 07/27/05