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04-14-99 MinutesBOARD OF SUPERVISORS MINUTES April 14, 1999 Supervisors in Attendance: Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Supervisor Absent: Mr. Harry G. Daniel, Chairman Mr. Lane B. Ramsey County Administrator Staff in Attendance: Mr. Carey Adams, Chief Deputy Treasurer Colonel Carl R. Baker, Police Department Dr. William Bosher, Jr. Supt., School Board Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Mr N. E. Carmichael, Commissioner of Revenue Ms Nancy Carter Crump, Dir., Museum Ms Rebecca Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Ms Lisa Elko, Acting Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr Russell Harris, County Ombudsman Mr Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Mr Louis Lassiter, Dir., Internal Audit Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Gary R. McLaren, Dir., Economic Development Mr Steven L. Micas, County Attorney Mr Francis Pitaro, Dir., General Services 99-290 Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Warren called the regularly scheduled meeting to order at 3:40 p.m. 1. APPROVAL OF MINUTES 1.A. MARC~ 15, 1999 (CHESTERFIELD COUNTY COUNCIL OF PTAS/PTSAS) On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of March 15, 1999, as submitted. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 1.B. MARCH 24, 1999 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of March 24, 1999, as submitted. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Mr. Pete Mann and Mr. Russell Harris, Chairman and Co-Chairman of the 250th Anniversary Oversight Committee. Mr. Harris introduced Mr. Mike Steen and Ms. Nancy Carter Crump, members of the Committee, who presented the Board members and Mr. Ramsey with a framed copy of the calendar of activities planned for the 250th Anniversary Celebration. Mr. Mann expressed appreciation to the Board for its support of the 250th Anniversary Celebration. Mr. Ramsey acknowledged the display of the Award for Continuing Excellence (ACE Award) presented to the County earlier today by the U.S. Senate Productivity and Quality Award Program. He stated that the County is the first local government in the State to win the ACE Award and expressed appreciation to the Board for its continued support of the quality effort in the County. 99-291 4/~4/99 Mr. Warren expressed appreciation for the efforts of all County employees towards promoting quality. 3. BOARD COMMITTEE REPORTS Mr. Barber expressed appreciation to Dr. Ernest Johnson, Chairman of the Community Services Board, who was the guest speaker at his constituents' meeting on April 12, 1999. Mr. McHale presented a visual display of photographs of Park Lee Apartments and of the new Winchester Green Project which is replacing Park Lee and stated that this is an opportunity for the County to lead the nation in providing mixed use, decent affordable housing for people of modest means. He further stated that Mr. Jacobson and other members of his staff will be guest speakers at his constituents' meeting on April 19, 1999. Mrs. Humphrey stated that she held a constituents' meeting on April 13, 1999 relative to the County's budget. She further stated that she will hold a constituents' meeting on April 19, 1999 for the Beechwood Forest Community relative to changes in the site planning process and stated that she will hold constituents' meetings on April 21, 1999 and April 22, 1999 relative to the 360 Transportation Plan and public safety issues in the Route 360 community. Mr. Warren stated that he will be attending a special program sponsored by the American Cancer Society on May 14 and 15, 1999 at James River High School. REOUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board deleted Item 5.B., Resolution Recognizing E. I. DuPont De Nemours and Company, Incorporated for Their Continued Financial Support of the Annual Winter Lecture Series; replaced Item 8.D.14., Authorization to Execute Supplemental Agreements and Appropriation of Funds for Secondary Road Highway Projects, and Set a Public Hearing Date for Appropriation of Funds for the Centre Street Project; added Item 8.D.26., Adoption of Resolution Recognizing the 100th Birthday of Mr. Irby H. Brown; added Item 8.D.27., Authorization to Aid John Patrick and Tom Loughran in the Acquisition of Right of Way for Hollymeade Subdivision; added Item 8.D.28., Adoption of Resolution Requesting the Virginia Department of Transportation to Restrict Through Truck Traffic on Centralia Road; added Item 8.D.29., Transfer of Funds and Authorization of Change Orders for the Route 60/Charter Colony Parkway Widening Project; moved Item 10.A., Report From the Drug and Alcohol Abuse Task Force to follow Item 14Eo, Resolution Recognizing Boy Scouts Upon Attaining Rank of Eagle Scout; moved Item 16.C., Public Hearing to Consider the Route 288 Corridor Plan and Related Zoning Ordinance Amendments to follow Item 10.A., Report From the Drug and Alcohol Abuse Task Force and, adopted the Agenda, as 99-292 amended. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.ao RECOGNIZING MR. GARY MCLAREN, DIRECTOR, DEPARTMENT OF ECONOMIC DEVELOPMENT FOR HIS CONTRIBUTIONS TO CHESTERFIELD COUNTY Mr. Stith introduced Mr. Gary McLaren who was present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Gary R. McLaren has faithfully served Chesterfield County as Director of Economic Development from 1988 to 1999 and will leave his position with a significant list of accomplishments behind him; and WHEREAS, Mr. McLaren, during his eleven years of service, has developed a strong and nationally recognized program that is regarded by both peers and consultants as one of the top Economic Development organizations in the country; and his leadership has provided for the creation of more than 9,000 new jobs and investments of nearly $1 billion in Chesterfield County during his tenure, allowing Chesterfield County to consistently rank in the top ten communities in the Commonwealth of Virginia for new jobs and investment; and WHEREAS, Mr. McLaren recognized the importance of Chesterfield County's existing companies and instituted a successful Existing Industry Program that received a NACO Achievement Award in 1996; and, in working with other Community Development departments, has been extremely instrumental in initiating infrastructure improvements and in rezoning of property for Meadowville Technology Park, positioning Chesterfield County for significant future development; and WHEREAS, Mr. McLaren's work with other State and County agencies provided for creation of a successful Enterprise Zone Program that has enabled Chesterfield County to attract and retain a number of growing industries; and WHEREAS, Mr. McLaren has been actively involved with career development efforts at local and regional levels by participating in the Chesterfield County Career Development Advisory Committee and Workforce One; and WHEREAS, Mr. McLaren's contribution to the Route 288 Comprehensive Plan and open communication with the development community has helped to preserve future economic growth 4/14/99 99-293 opportunities in this flourishing area of Chesterfield County; and WHEREAS, Mr. McLaren has worked to bring further recognition to Chesterfield County throughout the economic development community by serving as past-President of the Virginia Economic Developers Association and as State Delegate for the Southern Economic Development Council; and WHEREAS, Mr. McLaren's dedication to providing quality service has fostered respect and cooperation from the business community, Chesterfield residents, and government officials, allowing for support of his vision for creating opportunities for the long-term economic vitality of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Mr. Gary R. McLaren and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his service and dedication to improving the quality of life for Chesterfield residents, and wish him well in his new position. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. McLaren and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. Warren, accompanied by Mrs. Humphrey and Mr. Ramsey, presented the executed resolution to Mr. McLaren, accompanied by members of his staff, expressed appreciation for his leadership and contributions towards promoting economic development in the County, and wished him well in his new position with the State. Mr. Ramsey expressed appreciation to Mr. McLaren for building the County's reputation in economic development during his tenure and wished him success in his new endeavor. Mrs. Humphrey expressed appreciation to Mr. McLaren for the guidance he has provided Board members and stated that the Economic Development Department played a major role in the County's receipt of the ACE Award. Mr. Barber expressed appreciation to Mr. McLaren for his insight which has been a tremendous aid in zoning case deliberations. Mr. McHale congratulated Mr. McLaren on his many accomplishments as Director of the County's Department of Economic Development and wished him well in his new position. Mr. McLaren expressed appreciation to the Board for its support 99-294 4/ 4/99 during his tenure with the County and to his staff for their expertise and stated that he feels good about the County's future economic development opportunities. 6. WORK SESSIONS O FY2000 PROPOSED BUDGET Ms. Dickson presented an overview of the County Administrator's Recommended Changes to the FY2000 Proposed Budget in the General Fund including $29,100 additional funding to the Health Department as a result of the State approved merit increases; $11,500 additional funding to Parks and Recreation for operation of new facilities as a result of additional input from the Parks and Recreation Advisory Commission; $15,000 additional funding to Parks Recreation for restroom rental; $15,800 in Compensation Board Adjustments for Constitutional Offices; $73,300 Increased Per Diem Payments in the Sheriff's Office; six new positions, pending Compensation Board approval, in the Sheriff's Office at a net cost of $49,200; $23,800 in additional Compensation Board revenue for the Treasurer's Office; $24,900 increase in Transfer to Comp/Grants for Merit Calculation; $16,600 reduction in Transfer to Schools in State Sales Tax as a result of revised revenue projections; and elimination of Internal Service Funds to Schools and transfer to Schools Operating Funds. She reviewed Miscellaneous Changes in Departments and stated that there is a reduction of $67,500 in revenue and a reduction of $43,200 in expenditures. She stated that the County Administrator is recommending an increase in Community Contracts for the Virginia State University track replacement and a corresponding decrease in the Fire Department in replacement apparatus to allow for the use of Community Development Block Grant funds. She continued to present County Administrator recommendations including an increase of $198,400 in both revenue and expenditures for debt service for budgeting of issuance costs for Bond sales anticipated next year in the General Fund; an additional grant funded position for the Henricus Foundation; $250,000 additional revenue in local sales tax, cable TV and cell phones; $90,200 increase in Employee Benefits; and additional revenue of $8,900 in the Group Home. She noted that additional Compensation Board revenue is anticipated to offset the Sheriff's Department's recommended changes. She reviewed Board recommended changes to the FY2000 Proposed Budget including the $54,500 Sheriff's Work Force Unit; $55,000 balance needed for Sheriff's Weapons; $15,000 in additional operating funds in the Commonwealth's Attorney's Office; one additional Case Manager for Mental Health/Mental Retardation/Substance Abuse; $5,000 donation to Stop Child Abuse Now (SCAN); $4,000 donation to the Chesterfield Metro Youth Football League; and a $10,000 donation to the Richmond Ballet. She reviewed recommended actions by Board members relating to BPOL including a study of the BPOL tax; convening a Study Commission and returning in sixty to ninety days to the Board with a recommendation; a study of the County's tax structure as a whole; and rate reductions in selected categories for business licenses. She 4/14/99 99-295 stated that the rate reduction proposal would reduce the January, 2000 rates by about ten percent in the personal and business services and commission merchant categories from 36 cents to 32 cents and in the professional services category from 58 cents to 52 cents. She further stated that the proposed changes expect to result in a reduction in BPOL revenue which, when coupled with growth, are projected to yield the same amount of BPOL revenue in 2000 as is expected in 1999. There was brief discussion relative to the anticipated overall percentage of net reduction in total revenue due to rate reductions for business licenses. Ms. Dickson reviewed new positions recommended by the County Administrator including six deputies for the Sheriff's Department (pending Compensation Board approval); one Sheriff's Deputy for the Workforce Unit; one SMI Case Manager in Mental Health; one Educator/Museum Programs Coordinator; and one grant funded Community Supervision Coordinator. She stated that the County Administrator is recommending the reclassification of $10,319,000 from Personal Property Tax in FY99 to a State budgeted revenue in FY99 to reflect Governor Gilmore's Personal Property Tax Relief Act. She reviewed the Budget and Audit Committee's recommendation to combine the accounts for District Improvement Funds while still maintaining the application and procedural processes in place for use of the funds. She then reviewed Non-General Fund Changes including increase in the Grants Fund for merit calculations; elimination of the internal service funds for Storeroom and Postal Services and consolidation into the School Operating Fund; and changes in the School Operating Funds including additional State revenue; reduction in State Sales Tax; transfer from General Fund for Post Office and Warehouse; additional Federal Revenue for Grants; local revenue related to the Warehouse and Post Office operations; and changes in operating expenditures including reduction in debt service. She reviewed changes in the Capital Improvement Program (CIP) and stated that the County Administrator is recommending the award of the bid alternate for the range floor at the Enon Public Safety Project for the current year in order to guarantee pricing. She reviewed the Board's recommended changes to the Capital Improvements Program for Relocating Baseball Fields from Goyne Park to Ecoff Elementary; Fair Grounds Master Plan/Paving and Drainage; and Preliminary Design Funding of the Meadowdale Library. She stated that the source of funds for the Board recommended changes would be the Reserve for Capital Improvement Projects in the 2000 CIP. She reviewed recommended changes in the School CIP including Specialty Centers at three high schools and stated that all of the recommended changes in the School CIP have offsetting revenue. She reviewed the County Administrator's Recommendations for Funding from FY99 Results of Operations-Surplus (Pending Audit Results) including $285,300 in the Police Department for five percent increase in sworn personnel and funding of $185,500 for vehicles; $215,000 in Parks and Recreation for older park facilities renovations/replacement; $65,000 in capital maintenance equipment replacement in Parks and Recreation; and $135,000 for 4/14/99 99-296 Library Books. She then reviewed items recommended for the Fire Department if the EMS Revenue Recovery is implemented including $295,600 for a five percent increase for Uniform Officers; $212,400 for staffing at Enon/Rivers Bend; and $169,900 for staffing at Forest View Volunteer Rescue Squad. She stated that, if EMS Revenue Recovery is not implemented, an alternate source must be identified for funding the recommendations. She further stated that staff will hold a final work session on the County Administrator's recommended financial plans on April 28, 1999. There was brief discussion relative to use of cash proffers in school districts. Mrs. Humphrey stated that three schools now have $1 million as a result of the County's cash proffer policy. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. BUDGET ITEMS 8.A.1. TO CONSIDER AN ORDINANCE TO ESTABLISH AN ANNUAL TAX LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL PROPERTY FOR T~E COUNTY OF CHESTERFIELD Ms. Dickson stated that the Board held a public hearing on March 24, 1999 regarding adoption of an ordinance to establish an annual tax levy on various classes of real estate and personal property for the County of Chesterfield. She further stated that the tax levies on all existing classes of property are recommended to remain constant. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield that for the year beginning on the first day of January, 1999, and ending on the thirty-first day of December, 1999, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. On tracts of land, lots or improvements thereon and on mobile homes the tax shall be $1.08 on every $100 of assessed value thereof. Sec. 2. Personal Property 99-297 (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virqinia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 8-13.3, Code of the County of Chesterfield, 1978, as amended, the tax shall be $.96 on every $100 of the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use clean special fuels as defined in Section 58.1-2101 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $t00 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. Sec. 3. Public Service Corporation Property. (a) On that portion of real estate and tangible personal property of public service corporations which has been equalized as provided in Section 58.1-2604 of the Code of Virginia, 1950, as amended, the tax shall be $1.08 on every $100 of the assessed value thereof determined by the State Corporation Commission. (b) The foregoing subsections to the contrary notwithstanding, on automobiles and trucks belonging to such public service corporations the tax shall be $3.60 on every $100 of assessed value thereof. Sec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining business the tax shall be $1.00 on every $100 assessed value thereof. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-298 4114199 8.A.2. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 6-4 RELATING TO LICENSE FEES Ms. Dickson stated that the Board held a public hearing on March 24, 1999 regarding license fee changes mandated by the State. Mr. Ramsey stated that the proposed ordinance change will impact and reduce the fee for the majority of County businesses. He further stated that the proposed change is not related to the issue that several Board members have addressed relative to a cap on business license fees. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE- ENACTING SECTION 6-4 RELATING TO LICENSE FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 6-4 of Chesterfield, 1997, as amended, read as follows: the Code of the County of is amended and re-enacted to Sec. 6-4. License fees. Every person engaged in a business which is licensable pursuant to this chapter shall pay an annual fee if the total gross receipts, or gross purchases in the case of wholesale merchants, from all activities of the business are $10,000.00 or more, but less than $100,000.00, during the base year. An annual license fee shall be paid for each definite place of business provided that the business shall not pay more than a single license fee per place of business regardless of the number of licenses the business must obtain. The annual fee shall be calculated as follows: Gross Receipts of Business Fee $10,000.00--$24,999.99 $ 25.00 $25,000.00--$99,999.99 50.00 99-299 (2) That this ordinance shall become effective January 1, 2000. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. Barber stated that early indications received from the Business Council and others were for the elimination of the business license fee. He further stated that more recently discussions have revolved around a cap on the BPOL tax as a first step to elimination. He stated that he feels the County needs to prepare a business plan for addressing reduction of taxes. He recommended that Board members meet with the business community before July 1, 1999 in an effort to develop an outcome acceptable to both the business community and the Board. Mr. Warren stated that any change the Board might adopt relative to the BPOL tax would not be implemented until January 1, 2000 and that budgeting issues would need to be addressed to allow for a revenue reduction due to a cap on the BPOL tax. Mr. McHale stated that, according to Ms. Dickson's budget presentation, the necessary funding has been set aside to take action on the BPOL tax. He stated that he supports Mr. Barber's suggestion to take a comprehensive look at the BPOL tax and other taxes over which the Board has control. He further stated that he feels strongly that real estate property taxes need to be reduced in a measured way over time. He stated that the County needs to have a clear business plan to provide for tax relief where it is most needed. There was brief discussion relative to the composition of an advisory committee to make a recommendation regarding BPOL tax reduction. Mr. Barber stated that he feels there are portions of the BPOL tax that are oppressive to small businesses and to people who work out of their home. He further stated that he feels the advisory committee should be comprised of people who work in different business categories and people from area business groups. Mr. Warren stated that he has two persons appointed by the Business Council who communicate with him on a regular basis. He further stated that Senator Steve Martin meets with a business group on a regular basis and that, when he raised questions at one of Senator Martin's meetings, all but two of the members present indicated that they would like to see a cap on the BPOL tax and no one indicated that they would like to see a reduction in real estate taxes in lieu of a cap on the 99-300 BPOL tax. He suggested that the Board members solidify their positions regarding a study on the BPOL tax before the adoption of the budget at the April 28, 1999 meeting. Mr. Barber concurred with Mr. Warren's suggestion that the Board members address a plan to study the BPOL tax at the April 28, 1999 meeting. 8.B. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow simultaneous nomination/reappointment of a member to serve on the John Tyler Community College Local Board. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. O JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. John Grohusky, representing the County at-large, to serve on the John Tyler Community College Local Board, whose term is effective July 1, 1999 and will expire June 30, 2003. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. Barber suggested that the Board's procedure for nominating and appointing at different meetings may need to be changed so that the Board does not have to suspend the rules to allow for simultaneous nomination/reappointment at each meeting when appointments are made. Mr. Warren requested that Mr. Barber's suggestion be reviewed to determine if there is any legal or practical reason for nominating at one meeting and appointing at the next. 8.C. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the following streetlight installation cost approvals: Bermuda District * Chester Road and Old Lane Cost to install light: $262.00 99-301 4/14/99 Dale District * Daleshire Drive, in the cul-de-sac, Meadowdale Subdivision * Claudehart Road, in the cul-de-sac, Meadowdale Subdivision Cost to install both lights: $6,993.00 Matoaca District * Foxhunt Trail, vicinity of 5737/5742, McCormick Woods Subdivision Cost to install light: $1,467.00 * Foxhunt Trail, vicinity of 5700/5701, in the cul-de-sac, McCormick Woods Subdivision Cost to install light: $508.00 * Beach Road and Buckhorn Drive, Deerwood Subdivision Cost to install light: $50.16 And, further, the Board deferred the following streetlight installation cost approvals until April 28, 1999: * Deer Run Drive and Back Rub Drive, Deer Run Subdivision Cost to install light: $2,914.07 * Deer Run Drive and Key Deer Drive, Deer Run Subdivision Cost to install light: $2,764.51 (It is noted that three streetlight installation requests were administrative approved in the Bermuda District; three in the Clover Hill District; and three in the Dale District. It is further noted that a copy of the administratively approved streetlights are filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D, CONSENT ITEMS 8.D.1. REQUESTS FOR PERMISSION 8.D.l.a. FROM B. K. KATHERMAN TO INSTALL A SEWER LINE WITHIN THE N, WOOLRIDGE ROAD EXTENDED RIGHT OF WAY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from B. K. Katherman to install a sewer line 99-302 4/ 4/99 within the North Woolridge Road Extended right of way, subject to the execution of a license agreement. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.l.b FROM BELL ATLANTIC-VIRGINIA, INCORPORATED TO INSTALL UNDERGROUND CABLE ON COUNTY PROPERTY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Bell Atlantic-Virginia, Incorporated to install underground cable on County property across Airfield Drive, 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: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.l.c. FROM THE UNITED STATES POSTAL SERVICE TO INSTALL CURB AND GUTTER WITHIN A SIXTEEN FOOT WATER EASEMENT On motion of Mr. McHate, seconded by Mr. Barber, the Board approved a request from the United States Postal Service to install curb and gutter within a sixteen foot water easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.2. AWARD OF CONTRACT TO SOUTHWOOD BUILDERS FOR AN ALTERNATE BID ITEM FOR THE PUBLIC SAFETY TRAINING CENTER AT ENON On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a contract to Southwood Builders, in the amount of $59,454, for an alternate bid item for a Concrete Range Floor at the Public Safety Training Center at Enon and transferred $65,000 from the Reserve for Capital Improvement Projects to the Enon Project. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-303 4/14/99 8 .D.3. ADOPTION OF. RESOLUTION DECLARING APRIL 18-24, 1999 AS "VOLUNTEER APPRECIATION WEEK" IN C~ESTERFIELD COUNTY On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, volunteers contribute significantly to the quality of life in Chesterfield County, in the Commonwealth, and in the Nation; and WHEREAS, volunteering is recognized as an integral part of government and industry in contributing to the achievements that enhance our Nation; and WHEREAS, volunteers enrich our cultural diversity with their backgrounds, experiences and talents; and WHEREAS, volunteering relies on the energy and wisdom of younger and older generations for complete success; and WHEREAS, volunteering has become a partner with education to further develop students' personal and professional goals; and WHEREAS, volunteers are community leaders in showing a genuine self-sacrificing spirit that benefits countless individuals; and WHEREAS, volunteers enable us to meet and often exceed the strategic goals of the organization, thereby increasing the quality service provided to citizens; and WHEREAS, volunteering provides a positive direction for youths, allowing them to reach their full potential while assisting others. NOW, THEREFORE BE IT RESOLVED, that, in conjunction with National Volunteer Week, the Chesterfield County Board of Supervisors hereby recognizes April 18-24, 1999 as "Volunteer Appreciation Week" in Chesterfield County and urges all citizens to honor volunteers for their contributions to the County. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-304 4/ 4/99 8.D.4. ACCEPTANCE OF PARCELS OF LAND 8 .D.4 .a. ALONG THE EAST RIGHT OF WAY LINE OF TURNER ROAD FROM SEIBERT PROPERTIES, INCORPORATED, A VIRGINIA CORPORATION On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.046 acres along the east right of way Line of Turner Road (State Route 650) from Seibert Properties, Incorporated, a Virginia corporation, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.4 .b. ALONG THE EAST RIGHT OF WAY LINE OF CHESTER ROAD AND THE SOUTH RIGHT OF WAY LINE OF CENTRALIA ROAD FROM C AND G ASSOCIATES, L.L.C. On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of three parcels of land containing a total of 0.068 acres along the east right of way line of Chester Road (State Route 144) and the south right of way line of Centralia Road (State Route 717) from C and G Associates, L.L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.4.c. ALONG THE SOUTH RIGHT OF WAY LINE OF PETERSBURG STREET FROM JEAN A. OLIVER On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.012 acres along the south right of way line of Petersburg Street (State Route 1522) from Jean A. Oliver, and authorized the County Administrator to execute the necessary deed. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-305 4/14/99 8.D.5. APPROPRIATION OF SCHOOL BOARD GRANT FUNDS FOR THE BENSLEY COMPREHENSIVE SCHOOL REFORM DEMONSTRATION PROGRAM GRANT On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $50,000 of Federal Title I funds to the Instruction appropriation category in the School Grants Fund for the Bensley Comprehensive School Reform Demonstration Program Grant. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.6. APPROVAL TO INITIATE AN APPLICATION TO AMEND ZONING CASE 80A0162 ON THE COURTHOUSE WATER TANK On motion of Mr. McHale, seconded by Mr. Barber, the Board initiated an application to amend Zoning Case 80A0162 for the Courthouse Water Tank property and appointed John Harmon, County Right of Way Manager, as the Board's agent for the application. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.7. AUTHORIZATION TO EXECUTE SUPPLEMENTAL AGREEMENT TO THE DESIGN COLLABORATIVE FOR THE DESIGN OF THE NEW LAPRADE BRANCH LIBRARY On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a Supplemental Agreement, in the amount of $21,900, for the design of the new LaPrade Branch Library. (It is noted that contingency funds are available in the project to cover this change order.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.8. APPROVAL OF STREET NAME CHANGE On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the renaming of a portion of Genito Road to Genito 99-306 4/ 4/99 Lane. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.9. APPROVAL OF CHANGE ORDER FOR THE JUVENILE AND DOMESTIC RELATIONS COURTS FACILITY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a change order to the construction contract with Kenbridge Construction Company, in the amount of $93,892, for additional undercut and backfill at the Juvenile and Domestic Relations Court Facility. (It is noted that contingency funds are available in the project to cover this change order.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.10. AUTHORIZATION TO AID RUDOLPH, INCORPORATED IN THE ACQUISITION OF RIGHT OF WAY FOR JESSUP MEADOWS SUBDIVISION On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Right of Way Staff to aid Rudolph, Incorporated in the acquisition of right of way from Edmund B. Webster, Jr. for improvements to Jessup Road to serve the Jessup Meadows Subdivision, subject to the execution of a contract agreeing to pay all acquisition costs. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D 11. AUTHORIZATION FOR ALLTEL TO APPLY FOR SUBSTANTIAL ACCORD AND A CONDITIONAL USE AND VARIANCES FOR HEIGHT AND SETBACKS OR A CONDITIONAL USE PLANNED DEVELOPMENT WITH HEIGHT AND SETBACK EXCEPTIONS FOR COMMUNICATIONS ANTENNA TO BE INSTALLED ON THE CHESTER WATER TANK On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized Alltel to apply for substantial accord and a conditional use and variances for height and setbacks or a conditional use planned development with height and setback 99-307 exceptions for a communications antenna to be installed on the Chester Water Tank. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.12. APPROVAL TO USE UTILITY INDUCEMENT FUNDS TO EXTEND WASTEWATER LINES TO ASHTON CREEK BUSINESS CENTER PROPERTY On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the use of Utility Inducement Funds, not to exceed $35,000, to extend wastewater lines to serve industrial property east of Ruffin Mill Road and north of Port Walthall Drive, and waived the requirement that the County's share of the total cost not exceed seventy-five percent. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.13. AUTHORIZATION TO ENTER INTO AGREEMENTS WIT~ THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND APPROPRIATION OF FUNDS FOR ENF~kNCEMENT PROJECTS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into Virginia Department of Transportation (VDOT)/County Enhancement Agreements, acceptable to the County Attorney, for the Enhancement Projects endorsed by the Board; appropriated $59,000 in anticipated VDOT reimbursements and $15,000 in contributions from the Midlothian Village Coalition for the Route 60 Midlothian Sidewalks/Landscaping Phase II Project; appropriated $100,000 in anticipated VDOT reimbursements for the Halloway Avenue Sidewalk Project; and appropriated $211,200 in anticipated VDOT reimbursements for the Walton Park Sidewalk Project. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-308 8.D.14. AUTHORIZATION TO EXECUTE SUPPLEMENTAL AGREEMENTS AND APPROPRIATION OF FUNDS FOR SECONDARY ROAD HIGHWAY PROJECTS, AND SET A PUBLIC HEARING DATE FOR APPROPRIATION OF FUNDS FOR THE CENTRE STREET PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute Virginia Department of Transportation (VDOT)/County supplemental agreements for the Old Hundred Road Shoulders, Salem Church Road Reconstruction, Coalboro Road Paving, Smoketree Drive Sidewalk, Gordon School Road Sidewalk, Lindberg Drive Rural Addition, and Centre Street Reconstruction Projects; authorized the County Administrator to execute future supplements, if required, to the VDOT/County blanket agreement; appropriated anticipated VDOT supplemental reimbursements for the Old Hundred Road Shoulders ($130,000), Coatboro Road Paving ($70,000), and Gordon School Road Sidewalk ($250,000) Projects; and set the date of April 28, 1999 at 7:00 p.m. for a public hearing to consider the appropriation of $610,000 in anticipated VDOT reimbursements for the Center Street Project. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.15. AUTHORIZATION TO EXECUTE AN AGREEMENT AND APPROPRIATION OF FUNDS FOR THE CHESTER ROAD/ KINGSDALE ROAD INTERSECTION IMPROVEMENT PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $110,000 in anticipated Virginia Department of Transportation (VDOT) reimbursements for the design of the Chester Road/Kingsdale Road Improvement Project and authorized the County Administrator to execute the necessary VDOT/County design agreement, acceptable to the County Attorney. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.16. AUTHORIZATION FOR THE POLICE DEPARTMENT TO APPLY FOR A FEDERAL GRANT TO TARGET AGGRESSIVE DRIVERS, DRIVING UNDER THE INFLUENCE AND SPEEDING OFFENDERS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Police Department to apply for a Federal U.S. Department of Transportation Highway Safety 402 Funds/Federal 99-309 4/14/99 Grant to provide funding for selective Driving Under the Influence, speeding and aggressive driving enforcement; purchase of two custom radar units; and appropriate up to $20,000 with a fifty percent in-kind match of $20,000 when approved. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.17. AUTHORIZATION FOR THE POLICE DEPARTMENT TO APPLY FOR A U.S. DEPARTMENT OF JUSTICE GRANT FOR "TROOPS TO COPS 99" On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Police Department to apply for a U.S. Department of Justice "Troops to COPS 99" Grant which will provide reimbursement for hiring honorably discharged military veterans under the COPS Office Universal Hiring Program on or after October 1, 1997. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.18. APPROVAL OF UTILITY CONTRACT FOR ROLLING HILLS, SECTION D On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following Utility Contract for Rolling Hills, Section D - Contract Number 97-0032, which includes 2,065 L.F. ± of twelve inch oversized water lines and 1,959 L.F. ± of offsite water improvements: Developer: Luther Caudle Contractor: Bookman Construction Company Contract Amount: Estimated Total - $179,038.00 Total Estimated County Cost: Water Oversizing $19,244.50 Water Offsite $20,965.75 Estimated Developer Cost $160,156.00 Code: (Refund thru connections - oversizing) 5B-572VO-E4C (Refund thru connections - offsite) 5B-572VO-E4D District: Dale 99-310 (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.19. AUTHORIZATION TO ENTER INTO A FISCAL AGENT AGREEMRNT WITH THE GREATER RICHMOND CONVENTION CENTER AUTHORITY On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a Fiscal Agent Agreement with the Greater Richmond Convention Center Authority. (It is noted a copy of the agreement is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.20. TRANSFER OF STREETLIGHT FUNDS 8 .D.20 .a. FROM MIDLOTHIAN DISTRICT FOR PURCHASING A PHONE MASTER SYSTEM FOR MIDLOT~IAN MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $3,200 from the Midlothian District Streetlight Fund to the School Board for purchasing a Phone Master System for Midlothian Middle School. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.20 .b. FROM MATOACA DISTRICT FOR INSTALLING AN UNDERGROUND IRRIGATION SYSTEM FOR THE ATHLETIC COMPLEX AT GRANGE HALL ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $2,000 from the Matoaca District Streetlight Fund to the Parks and Recreation Department for the installation of an underground irrigation system at the County's athletic complex at Grange Hall Elementary School. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-311 8 .D.21. APPROVAL OF C~L~NGE ORDER WITH RCC CONSULTANTS, INCORPORATED FOR INTEGRATION OF CONSOLE FURNITURE AT THE NEW EMERGENCY COMMUNICATIONS CENTER On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a change order, in the amount of $23,000, to the contract with RCC Consultants, Incorporated for services to be performed in association with the integration of communications console furniture at the New Emergency Communications Center. (It is noted that project contingency funds are available for this change order.) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8,D.22. AUTHORIZATION TO EXECUTE A CONSTRUCTION CONTRACT FOR IRON BRIDGE PARK PHASE IV AND TRANSFER OF FUlqDS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a construction contract, in the amount of $1,549,111, with Richard L. Crowder Construction for construction of a new baseball complex and additions to the softball complex at Iron Bridge Park and transferred $207,000 in FY99 Park Improvement and Baseball/Softball Field Improvement Project funds and up to $122,000 in FY2000 Bond funds from various athletic lighting capital project accounts to the Iron Bridge Park Capital Project Account. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.23. APPROVAL OF FIRE MUTUAL AID AGREEMENT BETWEEN CHESTERFIELD AND HENRICO COUNTIES FOR EMERGENCY SERVICES On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a Fire Mutual Aid Agreement between Chesterfield and Henrico Counties for fire suppression, hazardous materials response and related emergency services. Ayes: Warren, Humphrey, Barber, and McHale. Nays: None. Absent: Daniel. 8 .D.25. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FROM VIRGINIA BREAST CANCER FOUNDATION On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request for a music/entertainment festival permit to 99-312 the Virginia Breast Cancer Foundation for a series of outdoor music concerts for the purpose of fund raising to be held at the Rivers Bend Center on Wednesday evenings starting at 5:30 p.m. beginning May 5, 1999 and ending July 7, 1999, subject to appropriate conditions imposed by staff. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.26. ADOPTION OF RESOLUTION RECOGNIZING THE 100TH BIRTHDAY OF MR. IRBY H. BROWN On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mr. Irby H. Brown was born in Bon Air on April 23, 1899; and accordingly will mark his centennial on April 23, 1999; and WHEREAS, Mr. Brown completed high school in Chester and attended Randolph-Macon College until drafted for military service; and WHEREAS, Mr. Brown later attended the Virginia Mechanics Institute and became an ecologist and environmentalist; and WHEREAS, Mr. Brown worked Agriculture for many years; and for the Department of WHEREAS, with his wife, Ethel Bland, Mr. Brown established the Brown Family Farm on Elkhardt Road; and WHEREAS, Mr. Brown has two sons, six grandchildren and ten great-grandchildren; and WHEREAS, Mr. Brown loaned his talents to the Farmers Club, the Ruritan Club, the Manchester Volunteer Fire Department, the Chesterfield Historical Society and the Manchester Community Center. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the significant contributions of Mr. Irby H. Brown to our County, wishes him a happy 100th birthday, and is proud to have him as a resident of Chesterfield County. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-313 ~/14/99 8.D.27. AUTHORIZATION TO AID JOHN PATRICK AND TOM LOUGHRAN IN THE ACQUISITION OF RIGHT OF WAY FOR HOLLYMEADE SUBDIVISION On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Right of Way staff to aid Mr. John Patrick and Mr. Tom Loughran in the acquisition of right of way from Mr. Bernard E. and Ms. Lucille C. Bixler and Mr. Donald L. and Ms. Laura L. Davis, subject to the execution of a contract agreeing to pay all acquisition costs. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8 .D.28. ADOPTION OF RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO RESTRICT THROUGH TRUCK TRAFFIC ON CENTRALIA ROAD After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Centralia Road (Route 145) is a primary road in the state highway system; and WHEREAS, Centralia Road carries over 11,000 vehicles per day, has no shoulders, no turn lanes and has poor vertical and horizontal alignment; and WHEREAS, Centralia residential area; and Road passes through a primarily WHEREAS, the Chesterfield County Board of Supervisors has no statutory authority to restrict through truck traffic on primary roads; and WHEREAS, in 1993, Chesterfield County requested the Virginia Department of Transportation (VDOT) to restrict through truck traffic on Centralia Road (Route 145) from Route 10 to Chester Road (Route 144); and WHEREAS, Chesterfield County also requested trucking industries to voluntarily reroute their trucks and no longer use Centralia Road; and WHEREAS, VDOT advised Chesterfield County that the "minimal" volume of trucks on Centralia Road did not pose a safety problem; and WHEREAS, in 1993, VDOT did a study of the Centralia Road corridor and made recommendations for numerous improvements; and WHEREAS, VDOT has not funded these improvements; and 99-314 4/ 4/99 WHEREAS, accidents involving heavy trucks continue to occur on Centralia Road; and WHEREAS, these accidents have resulted in the tragic loss of life; and WHEREAS, acceptable, safer alternate routes such as Route 10, Route 288, and Chester Road exist for the through truck traffic. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors again requests VDOT to restrict through truck traffic on Centralia Road from Route 10 to Chester Road. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Chesterfield legislative delegation with a request for their support in restricting the through truck traffic on Centralia Road. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 8.D.29. TRANSFER OF FUNDS AND AUTHORIZATION FOR CHANGE ORDERS FOR THE ROUTE 60/CHARTER COLONY WIDENING PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $98,588 from the General Road Improvement Account to the Route 60/Charter Colony Parkway intersection improvement account and authorized the County Administrator to execute the unsuitable material change orders for the project up to $100,000. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. The following Consent Item was pulled for discussion: 8.D.24. AUTHORIZATION FOR GREATER RICHMOND TRANSIT COMPANY BUS STOPS ON FOREST HILL AVENUE Mr. Barber stated that the Board has always honored past requests from Greater Richmond Transit Company (GRTC) when County taxpayers' funds would not be at risk with any bus extension and the Board was in agreement with the purpose for the extension or use of the bus line. He referenced several past requests from GRTC that have been honored by the Board and stated that he feels there was a misunderstanding regarding the outcome of GRTC's recent request to extend bus service beyond Huguenot High School and that GRTC's intention has been made more clear now. 99-315 Mr. Barber then made a motion, seconded by Mr. McHale, for the Board to adopt the following resolution: WHEREAS, the Greater Richmond Transit Company (GRTC) has requested permission to have bus stops for the 70 Forest Hill Route as follows: INBOUND STOPS Forest Hill Avenue at Choctaw Road Forest Hill Avenue at Anwell Drive 8133 Forest Hill Avenue OUTBOUND STOPS Forest Hill Avenue at Professional Road Forest Hill Avenue at Anwell Drive Forest Hill Avenue at McRae Road Forest Hill Avenue at Choctaw Road WHEREAS, GRTC has informed the County that they will provide the service, including paratransit service meeting Americans with Disabilities Act requirements, at no cost to the County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors grants GRTC the authority to stop at the above referenced locations. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 9. BEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS 10.B. DEVELOPER WATER AND SEWER CONTRACTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a Report on Developer Water and Sewer Contracts. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 10 .C. THE STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICTS ROAD AND STREET LIGHT FUNDS, AND LEASE PURC~IASES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a status report on the General Fund Balance; Reserve 99-316 4/ 4/99 for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Reconvening: 12. INVOCATION Reverend John D. Conwell, Jr., Pastor of Zion Chester A.M.E. Zion Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scouts Jeffrey Mullin and Patrick Coleburn led the pledge of allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.B. RECOGNIZING APRIL 17-23, 1999 AS "NATIONAL LATIN WEEK" Mr. Kappel introduced Ms. Jane Baskerville, Instructional Specialist, and Ms. Donna Dollings, James River High School Latin teacher. Ms. Baskerville stated that ten percent of the eighth through twelfth grade foreign language students in the State's public schools are students of Latin and that more than sixteen percent of the County's high school students are enrolled in Latin. She further stated that, last year, L. C. Bird High School was determined to have the largest public school Latin enrollment in the State, and possibly in the nation. She then introduced Latin teachers and students, representing the Latin Clubs from various County middle and high schools, who were present to receive the resolutions. On motion of the Board, the following resolution was adopted: 99-317 WHEREAS, modern society owes much of its language, system of laws and culture to the ancient Greek and Roman societies; and WHEREAS, the study of Latin and the classics promotes personal discipline and imbues students with a knowledge of the roots of American society; and WHEREAS, Chesterfield County has 1,447 Latin students, the majority of whom are members of the National Junior Classical League; and WHEREAS, the National Junior Classical League observes the period April 17-23, 1999 as "National Latin Week"; and WHEREAS, the Board of Supervisors recognizes the importance of studying and promoting Latin and the classics as a means of understanding the foundations of our contemporary world. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby publicly recognizes the week of April 17-23, 1999 as "National Latin Week" in Chesterfield County. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolutions to one member from each Latin Club represented, and acknowledged the value of Latin as a foreign language. 14 .A. RECOGNIZING MR. ADRIAN AUSTIN ON HIS VARIOUS ACHIEVEMENTS Mr. Kappel introduced Mr. Austin, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Adrian Austin is a senior at Matoaca High School; and WHEREAS, Mr. Austin has achieved a 4.21 grade point average; and WHEREAS, Mr. Austin has won the Region I Western Sectional title for wrestling; the Region I crown and the State Group AA title in the 135 pound class; and WHEREAS, Mr. Austin compiled a record of 10 wins and no losses in the 135 pound weight class; a 40 wins and no losses record overall this year; and a 102 wins, 8 losses record during his four years at Matoaca High School; and 99-318 4/14/99 WHEREAS, Mr. Austin is both a National Achievement Scholarship and a Footaction USA Scholarship finalist; made honor roll all four years; and takes advanced-placement calculus, history and literature; and WHEREAS, Mr. Austin coaches a youth wrestling team for Matoaca; and WHEREAS, such a well-rounded student and athlete personifies the admirable traits of hard work and persistence and is an example for others to emulate. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby publicly recognizes Mr. Adrian Austin and commends him on his superior accomplishments, is proud to have him as a Chesterfield County resident and extends its best wishes for his continued academic and athletic Success. A_ND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Austin and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution to Mr. Austin, accompanied by his wrestling coaches, Mr. Ken Mullins and Mr. James Cox, and Mr. James Ballard, Principal of Matoaca High School, congratulated him on his awards and accomplishments, and wished him well in his academic and athletic career. Mr. Austin expressed appreciation to the Board for the recognition and also to his parents and coaches for their support. 14 .C. RECOGNIZING L. C. BIRD, CLOVER HILL, JAMES RIVER, MANCHESTER, MATOACA, MEADOW-BROOK, MIDLOTHIAN, MONACAN, THOMAS DALE AND THE GOVERNOR'S SCHOOL FOR PROVIDING DRUG AND ALCOHOL-FREE POST-PROM PARTIES Mr. Kappel introduced Mr. John Foege, of L. C. Bird; Dr. James Dyk, Clover Hill; Mr. John Titus; James River; Ms. Patricia Lancaster, Manchester; Mr. James Ballard, Matoaca; Mr. Sterling Hawkins, Meadowbrook; Mr. Ed Witthoefft, Midlothian; Mrs. Debbie Hinton, Monacan; Mrs. Betty Batlard, Thomas Dale; and Ms. Linda Seymour, Governor's School, who were present to accept the resolutions. On motion of the Board, the following resolution was adopted: 99-319 4/14/99 WHEREAS, the two highest risk nights for teens are prom and graduat±on, with some parents seeming to condone parties where alcohol and drugs are available; and WHEREAS, students need an alternative to drugs and alcohol to which they can and will say "YES"; and WHEREAS, in 1998, over 350 schools and communities in Virginia participated in Operation Prom/Graduation's alcohol and drug-free parties for students; and WHEREAS, many parents of Juniors and Seniors at L. C. Bird; Clover Hill; James River; Manchester; Matoaca; Meadowbrook; Midlothian; Monacan; Thomas Dale High and the Governor's Schools, with financial support from the local and surrounding business community, are working to provide alternative Uno alcohol or drugs" parties following the Clover Hill Prom on April 17; Matoaca on April 24; Thomas Dale and Meadowbrook on May 7; Monacan and Midlothian on May 1; James River, Manchester and Governor's School on May 8; and L. C. Bird on May 15; and WHEREAS, communities all over Virginia are reaching in many ways to their young people with love and concern, encouraging them to "Celebrate Life". NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly declares the weekends of April 17-18; April 24-25; May 1-2; May 7-9; and May 15-16 as "Drug and Alcohol-Free Among the Teen and Adult Population of Chesterfield County." AND, BE IT FURTHER RESOLVED, that adults be encouraged to provide a positive, no alcohol and drugs example for our youth, particularly at the high risk times of prom and graduation, in an effort that we not only change lives, but save them. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. McHale presented the executed resolutions to Mr. Foege, Dr. Dyk, Mr. Titus, Ms. Lancaster, Mr. Ballard, Mr. Hawkins, Mr. Witthoefft, Mrs. Hinton, Mrs. Ballard and Ms. Seymour, expressed appreciation to them for providing drug and alcohol- free post-prom parties, and acknowledged the importance of drug and alcohol-free parties. Ms. Seymour, representing Governor's School, expressed appreciation, on behalf of all of the schools, for the Board's recognition and support of the drug and alcohol-free post-prom parties. Mr. Ramsey again acknowledged the display of the ACE Award for citizens who were not present during the afternoon session. 99-320 4/1 /99 14 .D. RECOGNIZING APRIL 18-24, 1999 AS "PROFESSIONAL SECRETARIES WEEK" Ms. Cindy Taylor, Employee Relations Administrator, introduced Ms. Bonnie Bowles, Ms. Debra Ferguson, Ms. Sally Farrell, Ms. Angie Wilderman, and Ms. Corinne Kirkland, representatives of various chapters of the International Association of Administrative Professionals, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the importance of professional secretaries to American public and private organizations has been recognized by the designation of April 18-24, 1999 as "Professional Secretaries Week"; and WHEREAS, secretaries and administrative specialists have increased their contributions in recent years by mastering computer software and taking on management duties; and WHEREAS, persons who serve Chesterfield County in these job classifications must meet high standards of performance through a combination of effective interpersonal abilities and technical clerical skills, responsive and courteous service to citizens and fellow employees, and knowledge and application of numerous County and departmental policies and procedures; and WHEREAS, the Administration wishes to express its appreciation to all County secretaries for their dedication to excellence in public service and for their contributions to the County team. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of April 18-24, 1999 as "Professional Secretaries Week" and April 21, 1999 as "Professional Secretaries Day" throughout Chesterfield County. AND, BE IT FURTHER RESOLVED, that the citizens of Chesterfield County are invited to join with the Association of Administrative Professionals, originator and sponsor of the Week and Day, as they acknowledge the vital contributions of secretaries in offices everywhere. Ayes: Warren, Humphrey, Barber, and McHale. Nays: None. Absent: Daniel. Mr. Barber presented the executed resolutions to Ms. Bowles and expressed appreciation to all County secretaries for their dedication and contributions to the County. Ms. Bowles expressed appreciation to the Board for the recognition of administrative professionals. 99-321 14 .E. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 14.E.1. PATRICK KEITH COLEBURN, TROOP 876 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Patrick Keith Coleburn, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Patrick is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Patrick Keith Coleburn and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. Barber presented the executed resolution and patch to Mr. Coleburn, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Coleburn expressed appreciation to the Board for the recognition and also to his parents, scoutmasters and others who supported him with his Eagle Scout project. 99-322 14.E.2. JEFFREY SCOTT MULLIN, TROOP 897 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Jeffrey Scott Mullin, Troop 897, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Jeffrey is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jeffrey Scott Mullin and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. Barber presented the executed resolution and patch to Mr. Mullin, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Mullin expressed appreciation scoutmasters for their support. to his parents and 14.E.3. ROBERT ULYSSES WENTZ, IV, VENTURE CREW 806 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 99-323 WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Robert Ulysses Wentz, IV, Venture Crew 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long- sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Robert is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Robert Ulysses Wentz, IV and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mrs. Humphrey presented the executed resolution and patch to Mr. Wentz, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Wentz explained the concept of a Venture Crew and expressed appreciation to the Board for the recognition and also to his parents and scoutmasters for their support. 10.A. REPORT FROM THE DRUG AND ALCOHOL ABUSE TASK FORC~ Mr. Jim Holland, Chairman of the Drug and Alcohol Abuse Task Force, recognized two members of the Task Force present at the meeting. He presented an overview of the organizational structure of the Substance Abuse Free Environment (SAFE) and stated that its mission is to create a substance abuse free environment in the County and its goal is to change permissive community attitudes about the use and/or abuse of alcohol and other drugs by youth and adults. He highlighted four current initiatives of SAFE including the Use/You Lose Campaign; Comprehensive Youth Substance Abuse Plan; Middle School Initiative; and the Parent Alert Project. He expressed appreciation to the Board and the Department of Youth Services 99-324 for support of the initiatives of the Drug and Alcohol Abuse Task Force and SAFE. Mrs. Humphrey suggested that Mr. Holland distribute information relative to the efforts of the Task Force and SAFE through individual community groups. 16 .C. PUBLIC HEARING TO CONSIDER THE ROUTE 288 CORRIDOR PLAN AND RELATED ZONING ORDINANCE AMENDMENTS Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider The Route 288 Corridor Plan and related Zoning Ordinance Amendments. He stated that the Plan will guide the development along the Route 288 Corridor in Northwestern Chesterfield County. He further stated that there will be three new interchanges on the circumferential freeway which will create opportunities to provide sites accessible within Central Virginia and the region beyond. He stated that the Plan concentrates on providing property that is properly situated for appropriate economic development uses as well as other land use transition and proper development consistent with the land use and environmental characteristics of the property. He further stated that approximately 2,600 acres have been designated for light to medium-intensity industrial, office and other employment uses as the major recommendation of the Plan. He stated that, because part of the area drains into the Swift Creek Reservoir, there was a significant effort to study land use changes and that the Plan recommends and promotes ongoing efforts to protect the water quality in the upper Swift Creek Reservoir and its tributary streams. He further stated that the Plan also proposes the establishment of a design district, similar to the design district at the Courthouse area, in the vicinity of Hallsborough Tavern and Bethel Baptist Church. He presented highlights of the land use plan for the Route 288 Corridor and stated that the Plan provides for additional retail development at the northwest quadrant of Route 60 and 288, if it is a regional scale high- fashion mall or lifestyle center. He stated that the Planning Commission's controversy was relative to the extensiveness of the concept of the regional scale high-fashion mall or lifestyle center. He further stated that the Plan includes two proposed ordinances which implement the fundamental concepts of the Plan; one proposing additional design standards; and the second providing that new development utilize public water and sewer. He stated that the Planning Commission recommended approval of The Route 288 Corridor Plan by a vote of 3-1 with one abstention over the issue of the note for additional retail use. He further stated that the design standards ordinance has been recommended by unanimous vote of the Planning Commission and the water and sewer hook-up ordinance was recommended by a 4-0 vote with one abstention. Mr. John Guzak, representing the Walton Park Homeowners Association, expressed concerns relative to replicating and, therefore, jeopardizing other malls within the County. 99-325 Ms. Alice Clark, Chairman of the Chesterfield Business Council, commended the Planning Commission for its efforts towards development of The Route 288 Corridor Plan and stated that the Business Council supports the Plan as submitted by the Planning Commission including the regional BMPs. Mr. Robert Herndon, a resident of the Midlothian District, stated that he is opposed to a mall of any type at the interchange of Route 288 and Midlothian Turnpike. Mr. Jay Lafler, General Manager of Cloverleaf Mall, and Chairman of the Government Affairs Committee of the Chesterfield Business Council, expressed concerns relative to the scope and size of the proposed project and stated that he fears that tenants will leave Chesterfield Towne Center to go to a new Regional Mall. He further stated that a lifestyle center as defined by the International Council of Shopping Centers, is more compatible with the existing retail in the County. Mr. Mark Long, General Manager of Chesterfield Towne Center, expressed concerns relative to replication of retail establishments along Midlothian Turnpike and stated that he supports a lifestyle center or similar development which would accentuate existing retail. Ms. Lela Martin, representing residents of Salisbury Subdivision, expressed concerns relative to the size and scope of the proposed retail development and stated that she strongly supports Appendix C as presented by Mr. William Shewmake, Midlothian District representative to the Planning Commission. Ms. Amy Satterfield, representing the Salisbury Homeowners Association, stated that she feels a regional mall would be detrimental to the Village of Midlothian and that the Homeowners Association supports Mr. Shewmake's Appendix. Ms. Laurie Newill, Vice President of the Brandermill Community Association, expressed appreciation for the efforts of the staff and Planning Commission towards the development of The Route 288 Corridor Plan. She expressed concerns relative to the environmental impact of the Plan. She referenced Ms. Mary Kramer's Model and stated that it is based on a minimum lot size of one-half acre, which does not include any roads, and is, therefore, a net density. She stated that, in reality, the Upper Swift Creek Plan stipulates an average gross density, which includes roads, of 2.2 dwelling units per acre. She further stated that the lot size currently in effect is .38 acre versus the .5 acre lot size used in Ms. Kramer's model for the impact of The Route 288 Corridor Plan on the lake. She expressed concerns relative to the impact on Swift Creek if the 2.2 dwelling units per acre density remains in effect and requested a sixty-day deferral to meet with County staff to address these concerns. She stated that the Brandermill Civic Association would like to see the Plan move forward due to the County's economic needs. 99-326 Dr. Betty Hunter-Clapp expressed appreciation for past actions of the Board relative to environmental resource protection and requested that the Board continue its leadership by involving citizen input at an earlier stage in the planning process. Mr. Mike Miller, a resident of Midlothian, expressed concerns relative to future problems due to improper zoning and requested that restrictive language be included in The Route 288 Corridor Plan to prevent such problems. Mr. Tom Pakurar, Co-Chairman of Hands Across the Lake, expressed concerns relative to the impact of The Route 288 Corridor Plan on the Swift Creek Reservoir. He recognized approximately fifty people present at the meeting wearing a "Max-Max Badge" and noted that these people feel development along the Route 288 Corridor will lead to maximum pollution into the Swift Creek Reservoir and that maximum environmental protective measures will be needed to preserve the Reservoir. He stated that the Plan will add an additional 387 pounds of pollution to the Reservoir and requested that the Board consider the entire Reservoir when making its decision relative to development around the Route 288/60 interchange. He referenced problems that occurred during development in Beckingham and the Brandermill Church expansion and stated that strict measures for environmental protection need to be detailed in the Pla~. Mr. Peppy Jones, a resident of the Village of Midlothian, expressed concerns relative to major retail being built west of the Village; the need for widening Route 60 to six lanes by Virginia Department of Transportation, should such retail occur; and the possible loss of historic sites due to expansion of Route 60. Ms. Terry Sheets, Community Manager of Woodlake, expressed concerns relative to the statistics provided by Ms. Newell and stated that she supports Ms. Newell's request for a sixty day deferral. There was brief discussion relative to the requested sixty day deferral being specifically for issues relating to the area of the Upper Swift Creek Watershed South of Route 60. Ms. Marie Watson expressed enterprise. concerns relative to free Mr. John Kramer, President of the Walton Park Civic Association requested that the Board review all of the issues, particularly Mr. Shewmake's issue, as well as the circumstances that have already occurred to businesses along Route 60. Ms. Jean Hughes, a member of the Watkins family and landowner of property adjacent to the Route 288/60 interchange, stated that she is in favor of a quality regional retail or lifestyle center. She further stated that this is an opportunity for the County to attract sales tax from other localities. She expressed concerns relative to overly restrictive use and 99-327 design standards in The Route 288 Corridor Plan. She referenced the commercial acreage shown on the Plan for the intersection of HugUenot Springs Road and Midlothian Turnpike and requested that commercial development in this area remain low-key or park-like in appearance to preserve the historic landmarks. Mr. Kenneth Magic, a resident of Midlothian, Director of Planning for J. K. Timmons, and part of the Planning Team for the Watkins Center, presented Planning Department estimates relative to the potential for The Route 288 Corridor Plan and stated that the Plan outlines a potential to develop an area that is 118 percent the size of the Richmond Metropolitan business area with a 70 percent increase in the County's labor force. He stated that Dry Bridge Road is incapable of handling increased traffic and that increased traffic levels would require the widening of Route 60. He stated that the Planning Team for the Watkins Center envisions the Watkins Center as a lifestyle regional center, specifically addressing the needs of shopping, employment, recreation and residential uses. He referenced television advertisements for spending money in Chesterfield County and stated that Watkins Center is an opportunity for the County to become a serious challenger for regional revenues. He requested that the Board adopt the Plan; develop proactive zoning; and employ master planning language that guides quality. Mr. Chris Henderson, Vice President of Tramel Crow Company -- which assisted Watkins Land, L.L.C. in the development of a plan of development for their land holdings, stated that he feels The Route 288 Corridor Plan represents an appropriate vision for the Route 288 Corridor and recommended that the Board adopt the Plan and proceed immediately with limited proactive rezoning as a further inducement and stimulus to economic development in the area. He further stated that the retail development is compatible with the objective of creating an employment center at the interchange and is linked to the success of the center. He introduced Ms. Cathy Shields, Vice President of Development with Simon Property. Ms. Shields stated that Simon Property Group is the largest publicly traded real estate investment trust in North America and has a reputation for being a trend setter for consistently building the most innovative projects of the highest caliber. She referenced several major projects developed by Simon and stated that Simon is prepared to move forward with the zoning, site planning and general planning for the proposed project. She stated that Simon plans to work closely with the County to insure that the proposed project does not replicate Chesterfield Towne Center. She further stated that Simon's vision for the proposed project is consistent with the long form language referred to several times earlier in the public hearing. Mr. Sherwood Dance stated that his family owns 75 percent of the historical district and that he is opposed to anything other than what has been planned for that district. He further 99-328 stated that the Plan will change more than the economics and reservoir -- it will change the lives of the people who have lived in the area for many generations. There being no one else to address this issue, the public hearing was closed. Mr. Barber expressed appreciation to Ms. Sara Habeck, Senior Planner, for her efforts towards the development of The Route 288 Corridor Plan. He stated that an employment center does not necessarily mean strictly places of employment -- it also includes considerable supportive commercial development. He further stated that the County cannot continue to be a "bedroom" community and cannot continue to strip commercial development by replicating other establishments. He stated that the Board needs to be cognizant of the Watkins family's right to develop their property and also of what is best for the County's future. He further stated that, with all of the efforts that have been made towards the development of the Plan, the element that remains contentious is the appropriateness of commercial development along Midlothian Turnpike. He stated that the Board will not vote on the Plan tonight, at Mr. Daniel's request, due to his absence. He further stated that, at the appropriate time, he is prepared to advocate the adoption of Appendix C, with some additions, including a clear definition of what a lifestyle center and an upscale galleria-type mall can and cannot be. He stated that, if the definitions cannot be fit into the Plan, then he supports the staff's recommendation for an employment center based plan. He recommended that the Board move forward on the area of commercial development at its April 28, 1999 meeting, but take extra time to clarify other issues such as water quality. Mr. Warren expressed appreciation for the efforts of the Planning staff and the Planning Commission towards protecting, preserving and quantifying the County's ability to preserve the reservoir. He concurred with Mr. Barber's recommendation that the Board take action at its April 28, 1999 meeting relative to commercial development and then deal with the water quality issue at a later time. Mrs. Humphrey stated that she also concurs with Mr. Barber's recommendation to address commercial development at the April 28, 1999 meeting. She suggested that the Board take sixty days to reevaluate environmental issues such as a regional BMP plan and water quality. Mr. McHale stated that he does not want to see continuation of retail escaping west along Midlothian Turnpike and that the Board must address the issue of water quality. He further stated that he supports the desire of the other Board members to be deliberate and creative in an effort towards high quality development. 99-329 On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board deferred considerat'ion of The Route 288 Corridor Plan and related Zoning Ordinance Amendments to April 28, 1999. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. Mr. Warren requested a ten minute recess. Reconvening: 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES, NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 98SN0157 In Clover Hill Magisterial District, RUDOLPH CONSTRUCTION CO. requested rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12) . A single family residential subdivision with a minimum lot size of 15,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit development to a maximum of sixteen (16) lots, yielding a density of 2.35 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 6.8 acres fronting approximately 700 feet on the west line of Clintwood Road, approximately 150 feet north of Dumaine Drive, also located at the western terminus of Dumaine Drive. GPIN 742-687-5026, 5864, 7824 and 7941 (Sheet i4). Mr. Jacobson stated that the applicant is requesting a deferral to May 25, 1999. Mr. John Fogg, representing the applicant, requested a deferral to May 25, 1999. There was no opposition to the deferral present. On motion of Mr. Warren, seconded by Mr. McHale, the Board deferred Case 98SN0157 until May 25, 1999. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-330 4/14/99 99SN0166 In Dale Magisterial District, PARKER HOMES, INC. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit Corporate Office (0-2) uses and bulk exceptions. A single family residential subdivision with a minimum lot size of 12,000 square feet, together with 0-2 uses, is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The density of the 0-2 uses will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre and mixed use corridor uses. This request lies on 3.4 acres fronting approximately 100 feet on the east line of Iron Bridge Road, approximately 100 feet south of Willowbranch Drive, also fronting approximately 424 feet on Willowbranch Drive and located southeast of the intersection of these roads. Tax ID 773-675-2157 and 4748 (Sheet 22). Mr. Jacobson stated that the Mr. Daniel has requested a deferral to May 25, 1999. Mr. Winston Parker, representing the applicant, stated that the recommendation for a deferral to May 25, 1999 is acceptable. There was no opposition to the deferral present. On motion of Mr. Warren, seconded by Mr. Barber, the Board deferred Case 99SN0166 until May 25, 1999. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0173 In Dale Magisterial District, DAVID GREGORY, TRITON PCS, INC. AND JOHN BRENKUS, TRITON PCS, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height and setback exceptions in Residential (R-12) and Agricultural (A) Districts. A 115 foot communications tower incorporated into an existing Virginia Power structure is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.00 to 2.5 units per acre. This request lies on 6.2 acres lying at the western terminus of Jacobs Road, also located at 5251 Newbys Wood Trail. Tax ID 756-682-3138 and 6856 (Sheet 14). Mr. Jacobson presented a summary of Case 99SN0173 and stated that Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. 99-331 4/14/99 Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0173 subject to the following conditions: The plan entitled RI-1-068C Vepco Pole at Jacobs Road, prepared by URS Greiner and revised November 13, 1998, shall be considered the Master Plan. (P) o There shall be no signs permitted to identify this use. ° Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) o The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. (P) o Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 99-332 Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or ground-mounted equipment cabinets.) 0 At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. P) 10. In conjunction with the approval of this request, a sixty- five (65) foot exception to the fifty (50) foot height limitation for communications towers in Residential (R-12) Districts shall be granted. (P) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0131 In Bermuda Magisterial District, SAMUEL E. SMELLEYAND VIRGINIA W. SMELLEY requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) . A single family residential subdivision with a minimum lot size of 12,000 square feet is planned. The applicant has agreed to limit the development to a maximum of 45 lots yielding a density of approximately 1.96 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 23.0 acres fronting approximately 450 feet on the west line of Bermuda Orchard Lane, approximately 180 feet north of Thornhill Drive. Tax ID 814-649-9831 and 815-649-4009 (Sheet 42) . Mr. Jacobson presented a summary of Case 99SN0131 and stated that Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Area Plan Amendment. Mr. Samuel Smelley acceptable. stated that the recommendation is There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 99SN0131 and accepted the following proffered conditions: 4/14/99 99-333 Development shall be limited to a maximum of forty-five (45) lots. o At time of recordation of the first subdivision plat, thirty-five (35) feet of right of way on the west side of Bermuda Orchard Lane, measured from the centerline of that part of Bermuda Orchard Lane immediately adjacent to the property, shall be dedicated, free and unrestricted to, and for the benefit of Chesterfield County. Direct access from the property to Bermuda Orchard Lane shall be limited to one (1) public road, located approximately midway of the Bermuda Orchard Lane property frontage. The exact location of this access shall be approved by the Transportation Department. To provide an adequate roadway system, the developer shall be responsible for the following: a o Construction of additional pavement along Bermuda Orchard Lane at the approved access to provide a right turn lane, if warranted, based on Transportation Department standards; and b o Dedication to Chesterfield unrestricted any additional easements) required for the identified above. County, free and right of way (or road improvement o Prior to any road and drainage plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 4, shall be submitted to and approved by the Transportation Department. 6. The public water and wastewater systems shall be used. o The applicant, subdivider, or assignee(s) shall pay the following to County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property. a o $6,200 per dwelling unit, if paid prior to July 1, 1999, or The amount approved by the Board of Supervisors not to exceed $6,200 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index if paid after July 1, 1999. o Minimum gross floor area of dwelling units shall be no less than 1800 square feet. 0 Exposed surface of dwelling unit foundations shall be brick veneer. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-334 / 4/99 99SN0200 In Clover Hill Magisterial District, TRITON PCS INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower plus height exception. A 160 foot communications tower incorporated into an existing water tank is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies in a Residential (R-7) District on 1.7 acres fronting approximately 150 feet on the north line of Hull Street Road, approximately 725 feet west of Deer Run Drive. Tax ID 727-673-1202 (Sheet 20) . Mr. Jacobson presented a summary of Case 99SN0200 and stated that Planning Commission and staff recommend approval subject to conditions. He referenced Condition Number 9 and stated that the applicant wishes to set a time limit of one year for which the Planning Commission can determine the necessity for screening the proposed antennas. He noted that the proposed request conforms to the siting criteria for towers. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mr. Barber, the Board approved Case 99SN0200 subject to the following conditions: There shall be no signs permitted to identify this use. (P) o Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit to the Planning and Utilities Departments documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning and Utilities Departments. (P and U) o The communications tower use and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System and the Utilities Department communications system. Prior to site plan or building permit approval, whichever occurs first, the owner/developer of non-County communications equipment shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff and Utilities Department staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County systems, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if 99-335 o o 7 o o o required, ~shall be submitted to, and approved by, the Chesterfield COunty Communications and Electronics staff and Utilities Department staff. (GS and U) The owner/developer of non-County communications equipment shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System and Utilities Department communications system caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff or Utilities Department staff. (GS and U) The color and lighting system for the communications tower use shall be as follows: ao The communications equipment (antennas, mounting hardware, cabling, etc.) mounted on the outside of the water tank structure shall be the same color as the water tank. b. The tower shall not be lighted. (P) Ail driveways and parking areas shall be graveled or paved and shall be maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights of way. This condition would not require screening for the tower or tower-mounted equipment or for ground-mounted equipment cabinets.) At such time that the communications tower use ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer of the communications equipment shall dismantle and remove the antennas and all associated equipment from the property. (P) The communications tower use shall be permitted only if it is incorporated into the structure of the existing water tank. Antennas shall be mounted on the safety rail of the tank. Within one (1) week of the completion of the installation of the antennas, the owner/developer shall provide written notice to the Planning Department that the installation has been completed and the date of the completion. The antennas shall not be screened unless within one (1) year of the date of completion of the installation of the antennas, there is a decision by a majority of the Planning Commission that screening is 99-336 necessary to mitigate the visual impact of the antennas. If there is a decision by the Planning Commission that screening is necessary, the exact method of screening shall be approved by the Planning Commission. Ail cabling shall be housed in conduit or otherwise shielded from view. (P & CPC) 10. In conjunction with the approval of this request, a 110 foot exception to the fifty (50) foot height limitation for communications towers in a Residential (R-7) District shall be granted. (P) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0201 In Matoaca Magisterial District, YMCA OF GREATER RICHMOND requested Conditional Use and amendment of zoning district map to permit indoor and outdoor recreation use; child care use; banquet, reception and conference use; and lodging facility use in Residential (R-7) and Agricultural (A) Districts. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.00 to 2.5 units per acre and Pocahontas State Park use. This request lies on 93.0 acres known as 9300 Shawonodasee Road. Tax ID 764-664-6163 and 766-665-1858 (Sheet 31). Mr. Jacobson presented a summary of Case 99SN0201 and stated that Planning Commission and staff recommends approval subject to conditions and acceptance of one proffered condition. Mr. Don Jones, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0201 subject to the following conditions: Except where the requirements of the underlying Agricultural (A) and Residential (R-7) zoning are more restrictive and except as stated herein, any new development shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth Areas. (P) o This Conditional Use shall be granted to and for YMCA of Greater Richmond only and shall not be transferrable nor run with the land. (P) There shall be no outside public address system for any new facilities. (P) 4/ 4/99 99-337 o o Uses shall be limited to indoor/outdoor recreational uses such as club houses, swimming pools, tennis or other court facilities, playfields, and associated recreational facilities; a child care facility; banquet, reception and conference facilities; and camping and lodging facilities. (P) The following setback criteria shall apply to any new outdoor play fields, courts, swimming pools and similar active recreational areas: ao Outdoor play fields, courts, swimming pools and similar active recreational areas shall be setback a minimum of 100 feet from adjacent properties zoned for agricultural or residential use except from adjacent property occupied by Pocahontas State Park and a minimum of fifty (50) feet from any proposed public road(s). Within these setbacks, exiting vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522(a) (4) of the Zoning Ordinance. b° If new outdoor play fields, courts, swimming pools and similar active recreational areas are set back more than 100 feet from adjacent properties zoned agriculturally and residentially except from adjacent property occupied by Pocahontas State Park and more than fifty (50) feet from any proposed public road(s), the landscaping or other design features described in Condition 5.a. may be modified by the Planning Department at the time of site plan review. Such modification shall accomplish a mitigation of the visual and noise impacts that sports or related activities have on adjacent properties equivalent to the 100 foot/fifty (50) foot setback/landscaping requirements described in Condition 5.a. C · The 100 foot setback described in Condition 5.a. may be reduced by the Planning Commission if the resulting increased visual and noise impacts that sports or related activities have on area residences are mitigated. Mitigation may be achieved through the use of topography, fencing, berming, walls and/or other devices and design features, as approved by the Planning Commission at the time of site plan review. A fifty (50) foot buffer shall be maintained along the northern and eastern property boundaries except where adjacent to property occupied by Pocahontas State Park. Any existing facilities located within this buffer area shall be permitted. Otherwise, this buffer shall conform to the requirement of Sections 19-521 and 19-522(a) (2) of the Zoning Ordinance. (P) 99-338 4/~4/99 0 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 erosion control devices have been installed. (EE) And, further, condition: the Board accepted the following proffered Prior to issuance of an occupancy permit for any additional development that would generate a significant increase in traffic as determined by the Transportation Department, additional pavement may be required to be constructed along Courthouse Road at the Shawonodasee Road intersection to provide left and right turn lanes, based on Transportation Department standards. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0205 In Matoaca Magisterial District, CHESTERFIELD POLICE DEPARTMENT AND CHESTERFIELD FIRE DEPARTMENT requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. A 413 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 3.0 acres fronting approximately 20 feet on the east line of Dry Bridge Road, approximately 1,500 feet south of Midlothian Turnpike. Tax ID 713-708-Part of 4365 (Sheets 5 and 6). Mr. Jacobson presented a summary of Case 99SN0205 and stated that Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0205 subject to the following conditions: The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in 99-339 4/14/99 o o o conjunction with final site plan review. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) Communications equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. The owner/developer of equipment that is not part of the County system shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by non-County equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The owner/developer of equipment that is not part of the County system shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by such equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The treatment, color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. bo The tower shall not be lighted unless lighting in required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- 99-340 mounted equipment.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) In conjunction with the approval of this request, a 263 foot exception to the 150 height limitation for communications towers in Agricultural (A) Districts shall be granted. (P) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0206 In Clover Hill Magisterial District, TRITON PCS, INC. (LARRY HORTON) requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with heigh exception in a Residential (R-7) District. A 127 foot communications tower incorporated into an existing Virginia Power structure is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed used corridor use. This request lies in a Residential (R-7) District on 5.0 acres fronting approximately 20 feet on the east line of Courthouse Road across from Old Courthouse Road. Tax ID 749-688-Part of 9576 (Sheet 14). Mr. Jacobson presented a summary of Case 99SN0206 and stated that Planning Commission and staff recommend approval subject to conditions. He further stated that the proposed request conforms to the siting criteria for towers. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved Case 99SN0206 subject to the following conditions: The plan entitled VEPCO 282/43 RI-t-076F, prepared by Tectonic Engineering Consultants P.C., last revised December 22, 1998, shall be considered the Master Plan. (P) There shall be no signs permitted to identify this use. 99-341 o o o o o o o Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. Prior to site plan or building permit approval, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or ground-mounted equipment cabinets.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) 99-342 consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the propertY. (p) 10. In conjunction with the approval of this request, a seventy-seven (77) foot exception to the fifty (50) foot height limitation for communications towers in Residential (R-7) Districts shall be granted. (P) Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0216 (Amended) In Midlothian Magisterial District, (LARRY HORTON) TRITON PCS, INC. requested Conditional Use and amendment of zoning district map to permit a communications tower in a Corporate Office (0- 2) District. A 150 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 7.01 units per acre or more. This request lies on 13.3 acres lying approximately 150 feet off the north line of Walmart Way, approximately 1,000 feet north of Midlothian Turnpike. Tax ID 735-707-5944 {Sheet 7). Mr. Jacobson presented a summary of Case 99SN0216 and stated that Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0216 subject to the following conditions: There shall be no signs permitted to identify this use. (P) o In conjunction with site plan submission, the owner/ developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. {P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed 99-343 4/14/99 necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) o The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) o With the exception of the tower and antennas or other tower-mounted equipment, any building and/or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on, or associated with, any building from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment or ground-mounted equipment cabinets.) 7 o At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) And, further, conditions: the Board accepted the following proffered The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The eastern and western sides of the fence shall be screened with evergreen plantings having an initial height and spacing to provide screening from adjacent properties. Except for the gate on the southern side of the fence, the southern side of the fence shall be screened with evergreen plantings; provided, however, the gate shall incorporate an opaque material so as to screen the view of the interior of the fenced compound from the southern side of the fence. In addition, if the vegetation in the existing twenty (20) foot buffer along the southern property line is inadequate to screen the gate to the 4/14/99 99-344 compound from adjacent rights of way, the Owner/Developer shall install additional plantings in that buffer so as to provide screening of the gate to the compound. A detailed plan depicting these requirements shall be submitted to the Planning Department for approval. 0 The treatment, color, lighting system and design of the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. bo The tower shall not be lighted unless lighting is required by the FAA. If lighted, the lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night-time hours shall be limited to soft blinking lights. c. The tower shall be of a monopole design. The antenna(s) on the tower shall be limited "cluster mounted" or "flush mounted" antenna(s) as depicted on the plan entitled "Flush Mount Antennae" and dated February 4, 1999, or whip antenna(s). Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 16. PUBLIC HEARINGS 16.A. TO CONSIDER THE CONVEYANCE OF PARCELS OF LAND AND EASEMENTS FOR IMPROVEMENTS TO GENITO ROAD AND WARBRO ROAD Mr. Stith stated that this date and time has been advertised for a public hearing to consider the conveyance of parcels of land and easements to the Virginia Department of Transportation, and easements to Virginia Electric and Power Company and Bell Atlantic for improvements to Genito Road and Warbro Road. No one came forward to speak in favor of or against this issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the conveyance of parcels of land and easements to the Virginia Department of Transportation, and easements to Virginia Electric and power Company and Bell Atlantic for improvements to Genito Road and Warbro Road and authorized the Chairman of the Board of Supervisors and the County Administrator to execute the necessary deeds and easement agreements. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99-345 4/ 4/99 16 .B. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING ANDRE-ENACTING SECTIONS 19-606, 19-607, 19-608, 19-609 AND 19-612 AND ADDING SECTION 19-613 CREATING DESIGN STANDARDS FOR THE BON AIR VILLAGE Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider a zoning ordinance amendment creating design standards for the Bon Air Village. He further stated that the standards require additional streetscape and architectural review currently not in place. Ms. Jo Geary, Chairman of the Bon Air Village Preservation Committee, stated that she is in favor of the staff's recommendation for the Bon Air Village design standards. She expressed appreciation to Mr. Jacobson for his efforts towards making the plan acceptable to the residents of Bon Air. There being no one else to address this issue, the public hearing was closed. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE- ENACTING SECTIONS 19-606, 19-607, 19-608 AND 19-609 AND ADDING SECTION 19-613 CREATING DESIGN STANDARDS FOR THE BON AIR VILLAGE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-606, 19-607, 19-608 and 19-609 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-606. Areas of applicability and exemptions. The village district shall include all lands specified in this section. o o o (8) The Bon Air Village, comprised of all that area shown on the map entitled "Bon Air Village Zoning District" prepared by the Chesterfield County Planning Department and dated December 9, 1998. Sec. 19-607. Implementation of plans and guidelines. In acting upon any zoning approval, development approval, historic district, landmark or landmark site designation; or other decision under this article; which decision will impact a designated village district, the responsible body, officer or 99-346 4/14/99 II Ill agent shall review such decisions for conformity with all and any officially adopted plans and guidelines for development within such districts and the following ordinances. Sec. 19-608. Exceptional development standards. (a) Parking: Parking requirements in the village district for indoor commercial recreational facilities; self-service gasoline stations; office buildings of up to 26,500 square feet; restaurants, including fast-food and drive-in restaurants; retail stores; personal services; repair shops; banks; greenhouses; nursery centers; and lawn and garden centers shall be based on the requirements for shopping centers or similar retail groups of buildings as set forth in section 19-513. Improved, designated parking spaces in a public right-of-way may be counted toward the required number of parking spaces so required when more than one-half of each such space adjoins the site. Further, the required number of parking spaces may be reduced by ten percent if the development contains a sidewalk or other pedestrian walkway system that connects to existing walkways or that may be connected to future walkways. In addition if approved by the Director of Planning, in the Bon Air Village, a business may reduce the required number of on-site parking spaces by pro-rata if it has an agreement with another entity permitting off- site parking on a lot located within the Bon Air Village boundaries or within 1000 feet of the Bon Air Village boundaries. Ail other requirements of division 1, subdivision II of this manual shall apply as described. In the Ettrick Business Core, the following uses shall be exempt from the requirements of Section 19-513 and 19-509(b): offices having a gross floor plan area which does not exceed five thousand (5,000) square feet, restaurants and retail uses, including personal services, repair shops, specialty shops and contractor offices without heavy vehicles or equipment. o o o (f) Street tree planting: Within the Bon Air Village, it is the intent of perimeter landscaping G, as detailed in section 19-518(g) (9), to require the installation of street trees to increase the aesthetic appeal of the village, encourage high-quality development, provide shade for pedestrians and improve the quality of the environment. To this end, the following standards shall be met when utilizing perimeter landscaping G: (i) The requirements of § 19-518(g) (9) (a) and (c) shall be met. The requirements of § 19-518(g) (9) (b) shall be modified to require continuous three (3) foot high hedge forms a decorative wall for the entire width of a parking lot only if the parking lot is located in front of a building. 99-347 4/14/99 (2 Trees shall be installed behind the sidewalk. If it is determined during the site plan process to be impractical to install trees behind the sidewalk, they may be installed between the street and the sidewalk. If it is determined during the site plan process to be impractical to locate large deciduous trees due to conflicts with utility lines the trees may be relocated or if that is impractical, small deciduous trees may be substituted. (3 Trees installed shall be suitable for use as street trees and shall be selected for their ability to survive under adverse growing conditions as well as their aesthetic value. (4 While the intent of this section is not to require a single species to be planted throughout the entire village, the director of planning may require a particular species in a particular location based on existing area landscaping. (~) The minimum acreage requirements set forth in sections 19-105(I) and 19-iii(a) for R-TH and R-MF districts shall not apply within the Chester Village areas. (h) Buffers and screening in the Ettrick Village Core: Buffers required by section 19-523 shall not apply. If parking is provided on any property in an O, C or I district adjacent to' an R, R-TH or R-MF district, a 10-foot wide buffer shall be provided. This buffer shall include an evergreen hedge with a minimum installed height of four feet or a solid fence or wall six feet in height. Along side property lines that abut property in R, R-TH or R-MF districts, this buffer may be reduced to a width of three feet in accordance with Section 19-609(g) (2). Sec. 19-609. Setback requirements for O and C Districts. o o o (~) Bon Air Village: The minimum setbacks for all buildings, drives, and surface and deck parking areas shall be as follows: Front and corner side setbacks: The minimum front and corner side setbacks shall be 0 feet. o Side setbacks: Except as noted below, the minimum side setback shall be 15 feet with the installation of perimeter landscaping B for property adjacent to any R, R-TH, R-MF District or any property designated for an R, R-TH or R-MF District on the comprehensive plan or any property used for residential purposes. This setback may be reduced to 0 feet upon installation of a wall, 8 feet in height, made of material similar to the principal building or by locating the main building's wall 99-348 (with no openings) adjacent to the residential property. When abutting an O, C or I District or property occupied by an O, C or I use, the minimum setback shall be 0 feet. Rear Setbacks: Except as noted below, the minimum side setback shall be 25 feet with the installation of perimeter landscaping B for property adjacent to any R, R-TH, R-MF District or any property designated for an R, R-TH or R-MF District on the comprehensive plan or any property used for residential purposes. This setback may be reduced to 0 feet upon installation of a wall, 8 feet in height, and made of material similar to the principal building or by locating the main building's wall (with no openings) adjacent to the residential property. When abutting an O, C or I District or property occupied by an O, C or I use, the minimum setback shall be 0 feet. (2) That Section 19-613 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: Sec. 19-613 Signs. The applicable sign standards for property located within a village district are contained in ~ 19-644. (3) That this ordinance immediately upon adoption. shall become effective Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 99SN0141 (Amended) In Bermuda Magisterial District, J. K. TIMMONS requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). A single family residential subdivision with a minimum lot size of 15,000 square feet is planned. Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The applicant has agreed to limit development to a maximum of 450 lots, yielding a density of approximately 1.7 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies on 259.7 acres fronting approximately 4,500 feet on the east line of Branders Bridge Road, approximately 1,300 feet north of Treely Road and located at the western termini of Hickory Glen and Twin Cedars Roads. Tax ID 786-642-8969 (Sheet 41) . 99-349 4/14/99 Ms. Rogers presented a summary of Case 99SN0141 and stated that Planning Commission recommends denial due to concerns relative to traffic and school impacts, lot size compatibility, house size compatibility, and the lack of tree preservation adjacent to existing neighborhoods. She further stated that, since the Planning Commission's consideration of the proposed request, the applicant has amended the proffered conditions in an attempt to address concerns expressed at the Planning Commission meeting. She stated that the amended proffers address the impact of the proposed development on necessary capital facilities consistent with the Board's policy; prohibit access to the property from adjacent developments; and require a twenty-five foot tree preservation area and a minimum lot size of 16,000 square feet adjacent to the eastern boundary of the request site. She further stated that other proffers which were not amended since the Planning Commission's consideration of the proposed request include road improvements along Branders Bridge Road; limiting the number of occupancy permits to a maximum of 100 prior to June, 2002; requirement for brick foundations on all homes; and recordation of restrictive covenants similar to what exists in Stoney Glen. She stated that staff now recommends approval of Case 99SN0141 and acceptance of the amended proffered conditions. She further stated that the amended case complies with the Southern and Western Area Plan which designates the property for residential use of 2.5 to 4 units per acre. She stated that the applicant is proposing a density of 1.7 units per acre. Mr. J. K. Timmons stated that the staff's recommendation is acceptable. Mr. Gene Autry, Executive Vice President of Reed's Landing Corporation, displayed photographs of homes in Stoney Glen West and stated that similar homes are planned for the proposed development. Mr. Ralph Gehr, President of the Stoney Glen Community Association, stated that he is opposed to the proposed request. He expressed concerns relative to the definition of square footage and the number of homes being proposed for the development. He requested that the Board hear four speakers from the Community Association, along with a slide show presentation, and that he be allowed to speak again following these presentations to summarize the views of the Association. Mr. Bob Latino, a homeowner in Stoney Glen Subdivision, presented an overview of issues affecting the rezoning decision including economic impact; transportation impact; schools impact; emergency services impact; Parks and Recreation impact; and environmental impact. He requested that the Board deny the proposed request. Mr. Anthony Murphy, a resident of Stoney Glen, expressed concerns relative to the square footage of homes in the proposed request and the number of new students generated by the proposed development. He stated that the safety, health and welfare of area residents will be deeply impacted and 4/14/99 99-350 requested that the Board deny the proposed request. Ms. Jan Monnier, a resident of Stoney Glen, expressed concerns relative to the impact that the proposed request would have on schools. She referenced the Planning Department's revised planning factor for schools and stated that, using the new planning factor, the resulting shortcoming would be 128 additional students beyond capacity for Harrowgate Elementary and 546 additional students beyond capacity for the present Thomas Dale High School. She stated that, if the County wishes to continue to have excellence in its school system, it must plan for growth and use the opportunity to provide success for students. Mr. Mark Rushard, a resident of Stoney Glen, expressed concerns relative to overcrowding of schools and traffic safety on Branders Bridge Road and requested that the Board deny the proposed request. Mr. Gehr stated that the proposed square footage of the homes for the proposed development is totally unacceptable and that the number of homes proposed will create traffic safety issues as well as have a major impact on the schools. He recognized approximately sixty residents present at the meeting who are opposed to the proposed request. There was brief discussion relative to a compromise in the acceptable number of square footage and total homes planned for the proposed development. Ms. Betty Michalek, a resident of Branders Bridge Road, presented an overview of traffic statistics on Harrowgate, Branders Bridge and Happy Hill Roads from 1994 through 1998. She then presented a comparison of traffic statistics on Nash Road. She stated that there have been eight accidents reported on Branders Bridge Road thus far in 1999 and expressed concerns relative to increased traffic if the proposed request is approved. She referenced the Six Year Plan and stated that the only projects planned for the area include a turn lane project for Branders Bridge Road at Lakeview and moderate widening, additional shoulders and ditches from Carver Heights Road to Happy Hill Road in 2004. She presented an overview of the traffic volume on Harrowgate, Happy Hill and Branders Bridge Roads and requested that the Board deny the proposed request. Ms. Diana Parker, representing the Fall of the James Group Sierra Club, expressed concerns relative to growth and issues relating to environmental impact that would be caused by the proposed development. She stated that she is opposed to the proposed development. Major John Page, a resident of Stoney Glen Subdivision, expressed concerns relative to the definition of a 2,000 square footage home and requested that the Board deny the proposed request. 99-351 Mr. Scott Mills, who sells homes in Stoney Glen West, stated that the homes presented in the photographs by Mr. Autry all contain over 2,000 square feet of heated space. Ms. Shirley Dillard, a resident of Woodlake, suggested that, as a compromise, the applicant build larger homes on the property and provide schools for the area. She further suggested that the Board encourage builders to have more compassion for area residents. Mr. Timmons expressed disappointment in citizens' comments and stated that he did not misrepresent the residents of Stoney Glen relative to the proposed development. He further stated that originally he offered to dedicate twenty-five acres of land to the County to be used for parks or school sites and deducted the value of the land from the cash proffer for capital facilities, but the County staff did not accept his offer. He stated that he then amended the proffer so that the proposed project would provide $3 million plus to build schools, parks, road improvements, etcetera. He further stated that he attempted to meet every requirement of the Stoney Glen's residents including elimination of traffic through Stoney Glen and square footage of lots. He stated that it is unprecedented for an R-15 development to have square footages placed on it. He referenced homes in the Stoney Glen Subdivision and listed the amount of square footage in these homes, according to the County Assessor's Office. He stated that he feels the requirement for 2,000 square feet of heated space would be unfair. He further stated that he feels the $3 million proffer could be used wisely. He requested that the Board approve the proposed request because it conforms to all County land use plans as well as the cash proffer policy. There being no one else to address this issue, the public hearing was closed. There was brief discussion relative to the proffer relating to minimum square footage. Mr. McHale stated that the proposed request has been difficult to deliberate. He further stated that the proposed development raises significant safety concerns relative to traffic on Branders Bridge Road and referenced the Board's earlier request to the Virginia Department of Transportation for restriction of through truck traffic on Centralia Road. He stated that the proposed development will have a serious impact on school overcrowding and noted that the response time of emergency vehicles to the proposed development would be seven minutes -- which exceeds the Fire Department's six minute limit. He further stated that the proposed development is not compatible with surrounding areas in lot size and square footage. Mr. McHale then made a motion for the Board to deny Case 99SN0141. Mrs. Humphrey seconded the motion made by Mr. McHale. 99-352 4/~4t99 Mr. Barber questioned the possibility of a compromise for the proposed request rather than denial. Mr. McHale stated that he feels the compromise have been exhausted and appropriate. opportunities for that a denial is Mr. Barber stated that he has concerns relative to the cash proffer offer and some of the comparisons presented, but indicated that he would support Mr. McHale's motion for denial due to the exhaustion of opportunities for compromise. Mrs. Humphrey stated that her second to Mr. McHale's motion for denial was based on Mr. McHale's judgment as well as her own interpretation of growth management. She expressed concerns relative to high density residential development and stated that she feels the land use plan for the area of the proposed development is in need of reevaluation. She stated that she is not an advocate of R-15 or R-12 zoning and that she has concerns with the level of density and the land use plan for the area of the proposed development. Mr. Warren called for a vote on the motion made by Mr. McHale, seconded by Mrs. Humphrey, for the Board to deny Case 99SN0141. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 99SN0140 In Bermuda Magisterial District, DYNAMIC ASSOC., L. L. C. requested rezoning and amendment of zoning district map from Neighborhood Business (C-2) and Community Business (C-3) to Community Business (C-3) of 10.0 acres, with Conditional Use to permit outside storage and sale of merchandise on 5.0 acres. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies on 10.0 acres known as 12210 Iron Bridge Road. Tax ID 779-652-7970 (Sheet 31). Ms. Rogers presented a summary of Case 99SN0140 and stated that the Central Area Plan suggests that C-3 type uses be located generally surrounding the intersection of Chalkley Road and Route 10 in this vicinity; however, next to existing residential development, there should be transitional uses such as office and other uses that are more compatible and transitional with residential areas. She further stated that the Planning Commission recommended approval and acceptance of the proffered conditions by a vote of two in favor of the proposed request and two abstentions. She stated that the two voting in favor of the proposal indicated that, in their opinion, the proffered conditions would mitigate the impact of the uses on the adjacent neighborhood and that those abstaining indicated that they were not comfortable with the structure of 99-353 the proposed request and felt that it did not conform to the Central Area Plan. She further stated that staff recommends denial because the request does not conform to the Central Area Plan and the proffered conditions fail to address concerns relative to land use compatibility and transition. Mr. Dean Hawkins, representing the applicant, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0140 and accepted the following proffered conditions: The uses permitted on Parcel "A", as identified on the plan prepared by Dean E. Hawkins, ASLA, dated 19 November 1998, shall be restricted to the following: a) Home Centers with accessory outside storage in excess of ten (10) percent of the gross floor area of the principal use. (Note: Outside storage areas shall be subject to the screening requirements of the Zoning Ordinance). b) Churches and/or Sunday Schools c) Eyewear sales and services d) Libraries e) Medical facilities or clinics f) Rest, convalescent or nursing homes and other group care facilities Banks and savings and loan associations with or without an outside public address system h) Nursery schools and child or adult care centers and kindergartens i) Florist shop j) Offices k) Schools- music, dance and business o Prior to any site plan approval, one-hundred (100) feet of right-of-way on the south side of Roue 10, measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access from the property to Route 10 shall be limited to one (1) entrance/exit, located approximately 99-354 4/14/99 o o o o ° midway of the Route 10 property frontage. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval for more than 16,000 square feet of development, the existing access from the property to Route 10, located at the eastern property line, shall be eliminated, and the approved access, midway of the Route 10 property frontage, shall be constructed. To provide for an adequate roadway system, the developer shall be responsible for the following: a) Construction of an additional lane of pavement (i.e°, a third through lane) along the eastbound lanes of Route 10 for the entire property frontage; Construction of additional pavement along the eastbound lanes of Route 10 at the approved access to provide a separate right turn lane, based on Transportation Department standards, and; c) Dedication to Chesterfield unrestricted, any additional easements) required for the identified above. County, free and right-of-way (or road improvements Prior to any site plan approval, a phasing plan for the roadway improvements, as identified in Proffered Condition 4, shall be submitted to and approved by the Transportation Department. When any additional buildings or structures which generate public wastewater are constructed on this site, the public wastewater system shall be used. When any additional buildings, structures, or land uses are developed which require water service, the existing 16 inch water lines along Route 10 to the east and west of the request property frontage shall be extended and connected to provide a completed connection. For any new impervious area which is developed on this site and drains to West Booker Boulevard, the 10-year post development runoff shall be retained and released at a 2- year pre-developed rate. A solid board fence, a minimum of six (6) feet in height, shall be installed within the buffer along the eastern property boundary, between and use(s) developed on the request property and the single family residential lots of Carver Home Sites subdivision located to the east. This fence may be installed with each phase of development. The exact location, design and phasing of construction of this fence shall be determined by the Planning Department at the time of site plan approval. 99-355 4/~4/99 10. Exterior loading docks and truck delivery doors shall be located on the southern side of the building(s) away from the single family residential lots of the Carver Home Sites subdivision located to the east. 11. There shall be no outside storage areas or outside display areas within 70 feet of the eastern property boundary. 12. Uses on Parcel UA", as identified on the plan prepared by Dean E. Hawkins, ASLA, dated 19 November 1998, shall not be open to the public between the hours of 10:00 PM and 7:00 AM. 13. Solid waste storage areas shall not be serviced between the hours of 10:00 PM and 7:00 AM. 14. Merchandise delivery shall not occur between the hours of 10:00 PM and 7:00 AM. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. 18. ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 11:35 p.m. until April 28, 1999 at 3:30 p.m. Ayes: Warren, Barber, Humphrey, and McHale. Nays: None. Absent: Daniel. ~oaunent ~ ' A~ma~nS ~ sYt rat o~ ~ Chairpan /14/99 99-356