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04-28-99 MinutesBOARD OF SUPERVISORS MINUTES April 28, 1999 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. Craig Bryant, Dir., Utilities Mr. N. E. Carmichael, Commissioner of Revenue Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Mr. William D. Dupler, Building Official Ms. Lisa Elko, 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 H. Edward James, Dir., Purchasing 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 Steven L. Micas, County Attorney Mr F. O. Parks, Dir., Information Systems Tech. Mr Francis Pitaro, Dir., General Services Mr James J. L. Stegmaier, Deputy Co. Admin., Management Services 99-357 Mr. Thomas A. Taylor, Dir. Block Grant Office Dr. Robert Wagenknecht, Dir., Libraries Mr. Scott Zaremba, Asst. Dir., Human Resource Management Mr. Daniel called the regularly scheduled meeting to order at 3:35 p.m. 1. APPROVAL OF MINUTES FOR APRIL 14, 1999 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of April 14, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS There were no County Administrator's Comments at this time. 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Warren, the Board replaced Item 8.D.7.b., Set Date for Public Hearing to Consider Adoption of Ordinance Providing for Assessment of Partially Completed Buildings; replaced Item 8.D.7.c., Set Date for Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Right of Way and Easements for Ashton Creek Business Center and Authorization to Enter and Take Such Property Prior to Eminent Domain Proceedings; added Item 8.D.7.g., Set Date for Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Right of Way and Easements for Lori Road Relocated and Authorization to Enter and Take Such Property Prior to Eminent Domain Proceedings; replaced Item 11., Executive Session Pursuant to Section 2.1- 344A.7., Code of Virginia, 1950, as Amended, for Consultation With Legal Counsel Regarding Specific Legal Matters Relating to the Amortization of Billboards and Trespass on County Rights of Way and County vs. Spencer; replaced Item 17.B., Public Hearing to Consider an Ordinance to Amend the Code of the County of Chesterfield, 1997, as Amended, by Amending and Re-enacting Section 17-2 Relating to the Definitions of Frontage and Subdivision; deleted Item 8.D.4., Authorization to Execute Memorandum of Understanding with the Richmond Society for the 99-358 4/28/99 Prevention of Cruelty to Animals, the County of Henrico, and the City of Richmond for Care of Homeless and Stray Animals; moved Item 8.D.7.f., Set Date for Public Hearing to Consider an Ordinance Amendment Relating to Business License Fees, to follow Item 8.A.7., Adoption of Resolution to Appropriate Funds for Fiscal Year 1999-2000; and, adopted the Agenda, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions or special recognitions at this time. 6. WORK SESSIONS 6.A. REVIEW STATUS OF THE COUNTY'S YEAR 2000 PREPAREDNESS Mr. Parks stated that the Century Date Change Task Force has been working with all County departments in preparation for FY2000. He reviewed the Information Technology Implementation Plan relative to inventory, including business application systems; mainframe hardware and software; personal computer hardware and software; and voice communication system. He stated that 58 of the 66 total projects have been completed and that the remaining eight projects are scheduled for completion by the target date of June 30, 1999. He reviewed External Data Exchanges to external organizations and stated that 14 of the 21 total data exchanges are Y2K compliant. He further stated that letters have been sent to the seven organizations who are not compliant requesting documentation on their compliance status. He then introduced Ms. Dickson. Ms. Dickson stated that all County departments identified a total of 378 vendors and suppliers relevant to their operations -- 134 being identified as critical suppliers. She further stated that 56 of the 134 critical suppliers have indicated that they are Y2K compliant. She noted that of the remaining 78 critical suppliers, some have not yet responded; some have indicated compliance dates in the future; and some have indicated compliant dates in the present and are currently being followed up for compliance information. She reviewed Supplier Contact and stated that Utilities suppliers were prioritized in the categories of electric power; wholesale water; fuel and treatment chemicals. She stated that Virginia Power has indicated that the priority of utility services falls just behind emergency services facilities. She further stated that, with respect to wholesale water, both the Appomattox Water Authority and the City of Richmond have indicated Y2K compliance and that, with respect to fuel, both the City of Richmond Department of Utilities and Columbia Gas have indicated Y2K readiness. She stated that the contracts for treatment chemicals expire July 1, 1999 and the new bids currently being reviewed included a requirement for Y2K readiness. She stated that, with respect to contingency 99-359 4/28/99 planning, non-compliant suppliers will be reviewed in early September 1999; alternate suppliers will be identified; and possible advance purchase of critical items will be coordinated between the Purchasing Department and other County departments. She stated that definitions of Embedded Systems include computers that perform some function built into or embedded into another piece of equipment; monitor, regulate or control the operating of devices or systems; usually cannot be tested and may not be accessible; and an integrated circuit not designed to be easily changed and generally with permanently coded instructions. She further stated that 716 Embedded Systems were identified -- 234 deemed to be critical. She stated that 230 of the 234 critical Embedded Systems have been indicated as Y2K compliant. She reviewed the Utilities Embedded Systems and stated that 457 of the 503 systems identified are deemed to be Y2K compliant. She noted that 22 of the remaining 46 systems are awaiting compliance information and, upon receipt of the information, the Utilities Embedded Systems will be 95 percent compliant. She stated that the Water Distribution System is Y2K compliant, according to an on-site testing performed by the manufacturer. She further stated that the Wastewater Collection System and portions of Proctors Creek Wastewater Treatment Plant are not compliant; however, upgrades are in process and are expected to be completed by July 1999. She then introduced Mr. Lassiter. Mr. Lassiter stated that all County Departments are to have Contingency Plans by May 1999 and will be tested during an Emergency Operations Exercise. He further stated that key elements being addressed in the Contingency Plans include identifying critical business functions; assigning teams to handle the functions; preparation phase; recovery phase; and restoration phase. He reviewed the Certification Program including a checklist for all departments and the measurement of progress in four areas -- awareness; inventory/assessment; renovation/testing; and contingency. He stated that, as of March 31, 1999, the awareness and assessment/inventory stages were complete; the renovation stage was 86% complete; and the contingency stage was 58% complete. He further stated that, if the progress were measured today, the percentages would be slightly higher. He stated that progress measurements are scheduled for June 30, 1999 and September 30, 1999. He then introduced Ms. Lynda Price, Emergency Services Coordinator. Ms. Price stated that workshops were held to assist departments with writing contingency plans. She further stated that, on May 6-7, 1999, a Y2K exercise is scheduled for all County departments relative to disaster preparedness and presented the Board members with a schedule of the exercises. She stated that, on an unannounced date in the fall of 1999, an additional Y2K exercise will be held based on the contingency plans and any additional changes made based on the spring exercise. She further stated that preparing for Y2K is an excellent time to make citizens aware of preparation for any potential disaster and presented the Board with a brochure developed by the American Red Cross relative to basic issues of disaster preparedness. A/28/99 99-360 Mr. Parks reviewed community awareness including standard response letters to inquiries, publications, news media, Comcast and the County's web site. Mr. Ramsey stated that the Century Date Change Task Force has met with the Budget and Audit Committee relative to Y2K and that the County's auditors feel that the County's plan to address Y2K has been very well prepared. He further stated that, due to the efforts of the Task Force, he feels the County will be as prepared as possible relative to the Y2K issue, especially in the critical operations area. Mr. Daniel expressed appreciation to Mr. Ramsey, staff members and the Task Force who have been diligently working to prepare the County for Y2K. He stated that the General Assembly has relieved localities from any liability relative to Y2K issues and that federal legislation is being addressed suggesting a state of grace for businesses provided that due diligence is undertaken to correct the situation and bring it into Y2K compliance. Mr. Ramsey stated that the Board will be considering an Agenda Item later in the meeting to change the New Year's Holiday from Friday, December 31, 1999 to Monday, January 3, 2000, as has been done by the State. He further stated that critical systems will be tested over the holiday weekend to make sure they are functioning properly and the change in the holiday schedule would allow for an extra day to deal with any Y2K issues that might arise. Mr. McHale stated that it should be reassuring to citizens that the County has been aggressively addressing the Y2K issue to ensure compliance. He commended the staff for their efforts in preparation for Y2K and stated that he l©oks forward to receiving the results of the upcoming Y2K planned exercise. Mr. Warren expressed appreciation to the staff for the excellent preparation for Y2K. There was brief discussion relative to the types of questions being received from citizens regarding Y2K. 6.B. COUNTY ADMINISTRATOR'S PROPOSED FY2000 FINANCIAL PLAN, PROPOSED FY2000 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME ANNUAL PLAN AND PROPOSED FY2000-2004 CAPITAL IMPROVEMENT PROGRAM Ms. Dickson stated that this is the Board's final work session relative to the FY2000 Financial Plans and that the proposed revisions and any additional revisions requested would be incorporated prior to budget adoption. She presented a summary of the proposed revisions presented to the Board on April 14, 1999. She stated that the total recommended changes include $403,300 in the General Fund Budget and $604,000 in the Non- General Fund Budget. She stated that the total recommended 99-361 4/28/99 changes to the Capital Improvement Program (CIP) is $131,000, which will be funded by the Reserve for Capital Projects. She stated that total recommended changes to School CIP is $2,571,629, comprised primarily of appropriation of cash proffers. Mr. Ramsey stated that the Career Development Plan was added to the Police and Fire Departments last year, which created approximately fifty slots in each Department for officers who completed the training and certification process. He further stated that, after meeting with Colonel Baker and Chief Elswick, thirty-five more slots are being added to each Department in this year's budget. He stated that he feels this should address the Board's issue concerning provisions for career development in the Police and Fire Departments. Mr. Daniel stated that he feels comfortable with the provision for 85 slots in each of the public safety departments for career development. Ms. Dickson stated that the County Administrator's recommendations for FY2000, as presented on April 14, 1999, is to be funded from surplus if available, pending audit results. She further stated that the recommendations include $470,000 for various items in the Police Department; $280,000 for various items in Parks and Recreation; and $135,000 for Libraries. She stated that funding from EMS Revenue Recovery, if implemented, or an alternate source, if not implemented, will be used for approximately $677,000 for various items in the Fire Department. She then reviewed other recommended changes including new positions; reclassification of revenues in FY99; and District Improvement Funds being combined. Mrs. HumPhrey requested an addition of $8,000 for a storage facility at Ettrick Park. There was brief discussion relative to needs at the Fairgrounds facility. Mrs. Humphrey requested that the Board's recommended change to the CIP relative to the Fairgrounds Master Plan/Paving and Drainage include all of the projects that need to be completed at the Fairgrounds -- landscaping, tree removal, etcetera. There was brief discussion relative to the donation to the Chesterfield Metro Youth Football League. Mr. Barber stated that he had suggested a limited donation of $4,000 to the Chesterfield Metro Youth Football League. He further stated that the County provides a donation to the Chesterfield Quarterback League due to the necessity for proper equipment and that, in the element of fairness, he feels the Board could extend the same consideration to the Chesterfield Metro Youth Football League. Mrs. Humphrey stated thaE no County aid was provided to the Chesterfield Quarterback League during its first fifteen years 99-362 of existence and that she is cautious about providing a donation prior to the establishment of an organization. Mr. Barber stated that he feels the Chesterfield Metro Youth Football League has not been treated with the same consistency as other sports associations and that the donation request is reasonable. There was brief discussion relative to the donation including a portion of the initial fee for starting the League. Mr. Daniel stated that there needs to be a consistent policy applied uniformly to donations for sports associations. Mr. Warren stated that he feels the issue sports associations should be reviewed by Recreation Advisory Commission. of donations to the Parks and Mr. Daniel stated that the issue will be voted on along with the budget. Ms. Dickson stated that there has been no change to the CIP since the April 14, 1999 work session. She further stated that the FY2000 proposed budget allocates funds for holding BPOL revenue to projected FY99 levels. She stated that an option was sent to the Board in March 1999 which proposed to reduced rates in four categories -- personal services; business services; commission merchant; and professional services. She further stated that the Board will consider an Agenda Item to set a public hearing date for May 25, 1999 relative to proposed changes in business license fees. She stated that there is a second option to hold BPOL revenue to the projected FY99 levels which is an exemption on the tax on gross receipts. She stated that, effective January 2000, the maximum amount that any business having under $100,000 in gross receipts would pay is a flat fee of $50 and that businesses having over $100,000 in gross receipts would be taxed on the entire gross receipts amount (as they are currently). She stated that the second option is to exempt $40,000 of gross receipts of a business, having gross receipts of $100,000 or more, from the gross receipts tax. She reviewed maximum savings per business category. There was brief discussion relative to the possibility of advertising both options for changes in the business license fees for a public hearing on May 25, 1999. Mr. Warren stated that he supports the approach for advertising both options. He suggested that the business community and public be made aware of the benefits from both options. Mr. Daniel stated that he concurs with Mr. Warren's suggestion to advertise both options. 99-363 4/2s/99 7. DEFERRED ITEMS 7.A. TO CONSIDER THE ZONING ORDINANCE AMENDMENTS RELATING TO DEVELOPMENT STANDARDS IN THE REGIONAL EMPLOYMENT CENTER OF THE ROUTE 288 CORRIDOR PLAN Mr. Jacobson stated that the Board deferred consideration of the zoning ordinance amendments relating to the development standards in the Regional Employment Center of the Route 288 Corridor Plan from the April 14, 1999 meeting. He further stated that staff has provided the entire Plan, as well as an option to split the Plan into two areas -- North of Route 60 and South of Route 60, should the Board decide to vote on one area and defer the other. When asked, Mr. Jacobson stated that the County's goal was to develop a high quality employment center and related uses at the Route 60/288 location. He further stated that, according to a study of high quality employment centers across the country, a significant number of restrictive covenants were adopted and enforced by the developer. He stated that the County's history includes negotiating a large number of proffers at the time of zoning to guarantee quality. He further stated that, to insure equal treatment for the development community, staff chose to adopt standards in the zoning ordinance with the Plan in an effort to guide a high quality employment center. Mrs. Humphrey stated that she supports the proposed ordinance amendments and questioned why the County has not incorporated standards into other land use plans. Mr. Jacobson stated the County has a good base ordinance that applies County-wide in terms of standards and that staff reviews with the community and property owners with each land use plan other special unique hypes of standards that are needed for that particular area. He referenced the special zoning regulations recently adopted for the Village of Bon Air and stated that staff felt the standards for the Route 288 Corridor Plan needed to be different than other industrial parks currently being developed. There was brief discussion relative to design standards for the Hull Street Corridor. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following Ordinance: AN ORDINANCE TO AMEND THE DEVELOPMENT STANDARDS MANUAL OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTION 19-518, 19-580, 19-581, AND ADDING SECTIONS 19-590.1, 19-590.2, 19-590.3, 19-590.4, 19-590.5, 19-590.6, 19-590.7, 19-590.8, 19-590.9 and 19-509.10 RELATING TO DEVELOPMENT STANDARDS IN THE REGIONAL EMPLOYMENT CENTER AREA OF THE ROUTE 288 CORRIDOR PLAN 99-364 4/28/99 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-518, 19-580, 19-581 of the Development Standards Manual of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 19 518. Plant material specifications. o o o (g) Perimeter Landscaping. Landscaping shall be required at the outer boundaries of projects and in the required yards of a lot, parcel or development, except when driveways or other openings may be required. There shall be different landscaping requirements in yards and parking areas, as identified herein and in the particular districts, which shall be provided as follows: o o o (11) Perimeter landscaping I: At least one and one-half (1.5) times perimeter landscaping C (option I) . o o o Sec. 19-580. Specified Areas. (a) The Highway Corridor District shall include those lands identified on the zoning district map that include: (i) The Jefferson Davis Highway corridor; and (ii) The Route 360 corridor. (b) The Employment Center District shall include all lands identified on the Route 288 Corridor Plan that include: (I) Regional Employment Center. Sec. 19-581. General development standards. Except for the development standards contained in the Highway Corridor District and the Employment Center District, which shall apply to property within those districts, all applicable county-wide, emerging growth or post-development standards shall be met. o o o (2) That Sections 19-590.1, 19-590.2, 19-590.3, 19-590.4, I9f590.5, 19-5'90.6, 19-590.7, 19-590.8, 19-590.9 and 19-509.10 a~e added to'~he Development Standards Manual of the Code of the County 03 Chesterfield, 1997, as amended, to read as follows: 99-365 ¢/28/99 ARTICLE III. DEVELOPMENT REQUIREMENTS - OFFICE, COM~4ERCIAL, AND INDUSTRIAL DIVISION 2. DEVELOPMENT REQUIREMENTS -SPECIFIED AREAS Sec. 19-590.1. District: Purpose and Intent of Employment Center The purpose of this division is to provide standards that will encourage and enhance the development of quality office and industrial parks. The intent of this division is to establish special regulations which mandate specific land use regulations and development standards and requirements to produce compatible land use patterns; create aesthetically pleasing developments; encourage the use of quality materials for building construction; provide continuity and sufficient levels of landscaping and lighting throughout each development, and promote improved pedestrian and vehicular circulation while maintaining flexibility where possible. Sec. 19-590.2. Design Standards for Off-Street Parking in the Employment Center District. (a) Surface Treatment: With the exception of areas where track mounted equipment is stored, parking areas and driveways shall be paved with concrete, bituminous concrete or similar material. (b) Number of Spaces: The required number of parking spaces may be reduced by ten (10) percent if the development includes a pedestrian way that connects to an existing or proposed pedestrian way, or that may be connected to a future pedestrian way. Sec. 19-590.3. District. Yard Requirements in the Employment Center (a) Setbacks Along Major Arterials excluding limited access roads: Ail buildings, drives and parking areas shall have a minimum seventy-five (75) foot setback from the proposed rights-of-way of major arterials, excluding limited access roads, as indicated on the comprehensive plan. Within these setbacks, landscaping shall be installed in accordance with perimeter landscaping I. (b) Front and Corner Side Yards Setbacks Along Collector Streets: The front and corner side yard setback for buildings, drives, and parking areas shall be a minimum of forty (40) feet from the proposed rights-of-way of collector streets, as indicated on the comprehensive plan. However, in an I-2 district, setbacks shall be increased to sixty (60) feet, and in an I-3 district, setbacks shall be increased to ninety (90) feet. Within these setbacks, landscaping shall be installed in accordance with perimeter landscaping C. (c) Other Front and Corner Side Yards: The front and~ corner side yard setback for buildings, drives, and parking 4/28/99 99-366 areas shall be a minimum of twenty-five (25) feet from proposed rights-of-way except those indicated as limited access, major arterials, and collector streets on the comprehensive plan. Within these setbacks, landscaping shall be installed in accordance with perimeter landscaping B. Sec. 19-590.4. District. Exterior Lighting in the Employment Center (a) Street Lighting: Street lighting shall be installed at all corners of street intersections. Street lights shall be high cut off shoe-box style lighting fixtures. Sec. 19-590.5. District. (b) Lighting Within a Site: Parking lot and access lighting within an individual site shall be high cut off shoe- box style lighting fixtures and shall not exceed thirty (30) feet in height and designed to minimize light spillover into residential areas. Outdoor Storage in the Employment Center (a) Amount: Outdoor storage, if permitted by the underlying zoning district as accessory to a permitted use, shall be limited to no more than 50% of the gross floor area of the principal use. (b) Screening: Ail outdoor storage shall be screened from view from any adjacent properties and public rights-of-way. Screening shall be accomplished by building design or by the use of durable architectural walls constructed of comparable materials to the principal building and using a design compatible to the principal building on the property. Sec. 19-590.6. Screening of Solid Waste Storage Areas in the Employment Center District. Ail solid waste storage areas shall be screened from view of adjacent property and public rights-of-way by a masonry or concrete wall which is constructed of comparable materials to and designed to be compatible with the principal building that the solid waste storage area serves. Sec. 19-590.7. Architectural Treatment in the Employment Center District. Architectural treatment of buildings, including materials, color and style, shall be compatible with buildings located within the same project or within the same block or directly across any street. Compatibility may be achieved through the use of similar building massing, materials, scale, colors or other, architectural features. Nothing in this section shall preclude the use of different materials on different building exteriors but'~ rather, shall preclude the use of inferior materials on sides which face adjoining property. No building exterior (whether front, side, or rear) shall consist of architectural materials inferior in quality, appearance or 99-367 4/28/99 detail to any other exterior of the same building. No building exterior (whether front, side or rear) shall be constructed of metal or unadorned concrete block. The exterior of outbuildings shall not be constructed of materials inferior to those of the primary building and shall be architecturally consistent with the primary building. Mechanical equipment, whether ground-level or rooftop, shall be screened from view of adjacent property and public rights-of-way and designed to be perceived as an integral part of the building. Sec. 19-590.8. Heights in the Employment Center District. Except as outlined in sections 19-507 and 19-507.1, the height of any building within any 0 or I district shall be permitted to be a maximum of 150 feet in height. The height of any other building or structure shall be as specified in § 19-598. Sec. 19-590.9. Loading and Storage Areas in the Employment Center District. Buildings adjacent to limited access roads shall be oriented such that loading and storage areas are located internally. This shall be accomplished through the use of building orientation and site design. Sec. 19-590.10. District. Design of BMP's in the Employment Center Any BMPs required for water quantity or quality control shall be designed as retention basins and shall be landscaped or otherwise improved so that the facilities become visual enhancements. BMP's shall include landscaping adjacent to the BMP's, gently sloping banks, and aquatic, and where appropriate, sub-aquatic plantings. Any fencing used shall be of an ornamental design. At the time of site plan review, a plan depicting these requirements shall be submitted for review and approval. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 7.B. TO CONSIDER THE ZONING ORDINANCE AMENDMENTS RELATING TO THE USE OF PUBLIC WATER AND WASTEWATER FACILITIES IN THE ROUTE 288 CORRIDOR PLAN Mr. Warren stated that he and Mrs. Humphrey have met with the environmental community, Brandermill, Woodlake and other communities involved in the planning process for the Route 288 Corridor Plan. He recognized Mr. John Hughes, President of Brandermill Community Association's Board of Directors, and Mr. Mike Divita, Brandermill Community Manager, who were present at the meeting. He stated that, based on the meetings that he and Mrs. Humphrey have attended, there is still work needed in the 4/28/99 99-368 environmental area to ensure adequate protection of the Swift Creek Reservoir. He further stated that he and Mrs. Humphrey will be meeting with Brandermill officials on May 12, 1999 relative to the remaining environmental issues. Mr. Warren then made a motion for the Board to defer the Zoning and Utilities Ordinance amendments relating to the use of public water and wastewater facilities in The Route 288 Corridor Plan until June 23, 1999 to allow adequate time to address environmental issues. Mrs. Humphrey seconded the motion made by Mr. Warren. There was brief discussion relative to which Agenda Item was being deferred. Mr. Daniel called for a vote on the motion made by Mr. Warren, seconded by Mrs. Humphrey, for the Board to defer the Zoning and Utilities Ordinance amendments relating to the use of public water and wastewater facilities in The Route 288 Corridor Plan until June 23, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 7.C. TO CONSIDER THE ROUTE 288 CORRIDOR PLAN Mr. Daniel stated that, following the public hearing on April 14, 1999, the Board was inclined to defer consideration of The Route 288 Corridor Plan for the area south of Route 60. There was brief discussion relative to the consensus of the Board regarding the deferral. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board deferred consideration of The Route 288 Corridor Plan south of Route 60 including the entirety of the Swift Creek Watershed until June 23, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel stated that, at the public hearing on April 14, 1999, the Board heard views presented relative te language on the commercial and industrial sites north of Reute 60. He further stated that he has just received a copy of new language proposed by John Cogbill, Esquire, attorney for the Watkins family. Mr. McHale stated that he feels the Board needs time to review the latest submissions to ensure that the Plan will be for the good of the long term future of the County and the area north of Route 60. 99-369 4/28/99 Mr. McHale then made a motion for the Board to defer consideration of The Route 288 Corridor Plan north of Route 60 until May 25, 1999. Mr. Barber seconded the motion made by Mr. McHale. Mr. Daniel called for a vote on the motion made by Mr. McHale, seconded by Mr. Barber, for the Board to defer consideration of The Route 288 Corridor Plan north of Route 60 until May 25, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 7.D. AUTHORIZATION TO ENTER INTO A SETTLEMENT AGREEMENT WITH VULCAN MATERIALS COMPANY ANDAUTHORIZE CERTAIN FINANCIAL TRANSFERS FOR THE COALBORO ROAD EXTENDED PROJECT Mr. Micas stated that the issue of a settlement agreement with Vulcan Materials Company was deferred from February 24, 1999 to allow Vulcan an opportunity to comply with State permitting requirements. He further stated that the State has issued some revisions and Vulcan has not resubmitted their application to the State. He stated that staff recommends that the Board table the matter until Vulcan complies with State mandates. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board tabled consideration of a settlement agreement with Vulcan Materials Company until Vulcan has received permitting from the State to operate the quarry. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8. NEW BUSINESS 8.A. BUDGET ITEMS 8.A.1. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-24 RELATING TO TAX RELIEF FOR THE ELDERLY Ms. Dickson stated that the proposed ordinance amendment recommends a change to the tax relief for the elderly exclusion amount of income of each relative living with the owner to $6,500 and that this change will have a minimal effect on tax relief exclusions. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: 99-370 4/28/99 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE- ENACTING SECTION 9-24 RELATING TO RESTRICTIONS AND CONDITIONS ON FINANCE AND TAXATION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-24 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-24. Restrictions and conditions. Notwithstanding any other provision of this chapter, a dwelling or manufactured home, and up to one acre of land upon which either is situated may be temporarily exempted from taxation when any such property is owned by and occupied as the sole residence of a person at least 65 years old or a person who is determined to be permanently and totally disabled as defined by Code of Virginia, § 58.1-3217. The exemption shall be subject to the following restrictions and conditions: (a) During the preceding calendar year, the total combined income from all sources of the owners and owners' relatives living in the dwelling or manufactured home must not exceed $40,000.00; without including in the total the first $6,500.00 of each relative's income, other than the owner's spouse who is living in the dwelling or manufactured home. o o o (2) 1999. That this ordinance shall become effective July 1, Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .A.2. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 5-5 RELATING TO BUILDING PERMIT FEES Ms. Dickson stated that building permit fees are reviewed annually and adjusted to cover operational expenses of the Department of Building Inspections. She further stated that the recommended change for FY2000 is to base residential permit fees on a cost per inspection charging a flat fee; the proposed fee structure will essentially charge a flat fee of $480 for a single family,~dwelling; and that auxiliary permit fees will increase. Sh~ stated that the proposed changes will result in additional revenue in the General Fund to cover the cost of Code enforcement. 99-371 4/28/99 On motion of Mr. Warren, seconded by Mr. Barber, 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 5-5 RELATING TO PERMIT FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 5-5 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 5-5. Permit fees. (a) Generally. Except as provided in this section, every applicant for a building permit must pay the fees set forth in this section before the building official issues a building permit that is required by the Virginia Uniform Statewide Building Code, Volume I. If an applicant must pay an additional fee because of an increase in the estimated cost of work, the building official shall not issue an amended permit for the additional work until the applicant has paid the additional fee. (b) Fees shall be charged in accordance with the following schedule: General Fees: a. Administrative fees: permit amendments, extensions, take-overs, transfers, and reinstatements $40.00 b. Code investigation fees: i. Residential $25.00 or 25% of the applicable permit fee, if greater ii. Commercial $50.00 or 25% of the applicable permit fee, if greater c. Public service requests: at Cost i. Certificate of occupancy search/reprint $10.00 d. Reinspection fees: $40.00 e. Refund Requests (when construction was not started): i. Residential $40.00, or 25% of original fee, whichever is greater ii. Commercial $100.00, or 25% of original fee, whichever is greater f. Temporary Certificates of Occupancy and Renewals: i. Residential building permits $40.00 ii. Commercial building permits: $100.00 Residential Building Permits: 4/28/99 99-372 e o Single Family Dwellings $480.00 Modular Homes $200.00 Mobile and Manufactured Homes on Private Property $8o.o0 Mobile and Manufactured Homes in a Mobile Home ParkS40.00 Additions, Attachments, Annexes and Alterations: i. Additions, other than those listed below $280.00 ii. Florida Rooms, Attached Garages, Detached Garages with second Floor Occupiable SpaceS240.00 iii. Detached Garages (no second Floor Occupiable Space) $200.00 Alterations, iv. and Converting $4O.0O iv. Fire damage repair permits: shall be based upon the most similar permit fee v. Other Residential Permits: vi. Residential foundation pour inspections $335.00 (2 (3 Additional fee if concrete testing is required because out-of-specification concrete is used $100.00 Additional fee for reinspection when inspector is present and the concrete pour has been canceled or delayed in excess of one hour $100.00 As an alternative to the county's foundation pour inspection, the building official may accept 99-373 4/28/99 Deck/Porch/Garage to Finished Space $120.00 v. Porch Additions, Gazebos, Chimneys, and Attached Carports $120.00 vi. Deck Additions, and Detached Carports $8o.oo vii. Attached Sheds $80.00 viii. Detached Sheds (over 150 square feet), including Prefab Sheds on Skids, and Pole Sheds $80.00 Renovations and Repairs (including Fire Damage) i. Interior Renovation $80.00 ii. Exterior Renovation and Storm Damage Repairs $40.00 iii. Re-roofs, Re-siding and Chimney Relining vii. inspection reports from independent engineers approved and reliable. qualified, who are Swimming Pools (Above and In-Ground) $40.00 viii. Pool Barrier Fences separately from pool) ix. Relocation (House Moving) x. Demolition $40.00 xi. Elevator $40.00 Residential Auxiliary Permits: a. b o (if permitted $40.00 $160.00 Electrical Residential Auxiliary Permits i. New Single Family Dwellings $120.00 ii. Additions and Interior Renovations $80.00 iii. Exterior Renovations, Installations, Relocations, Conversions, and Service Changes $4o.oo iv. Temporary Poles, Porch Additions, Decks, Pools, Carports, and Repairs $40.00 on Private v. Mobile or Manufactured Homes Property $40.00 Gas Residential Auxiliary Permits i. New Single Family Dwellings, and New Equipment/Piping Installations ii. Repairs $40.00 iii. Mobile or Manufactured Homes on Property $40.00 Mechanical Residential Auxiliary Permits i. ii. iii. Mobile or Manufactured Homes Property $40.00 Plumbing Residential Auxiliary Permits Fireplace Logs, $8o.oo Private New Single Family Dwellings $80.00 Additions, Equipment Installations, Conversions and Repairs $40.00 on Private ii. Modular Homes $120.00 iii. Additions $80.00 iv. ro New Residential Single Family Dwellings $160.00 Installations, Repairs, Conversions, Renovations and Relocations $40.00 Mobile or Manufactured Homes on Private Property $40.00 Boiler, Fire and Well Residential Auxiliary Permits (each single family dwelling) $40.00 99-374 4/28/99 o Small Appliance Permits for replacement of air handlers, furnaces, heat pumps, humidifiers, water heaters, dishwashers, garbage disposals, and similar equipment normally requiring two permits $50.00 Commercial Building Permits: a. New Construction: i. Fee for each $1,000 or fraction thereof of the estimated construction cost $5.50 ii. Minimum fee $250.00 Additions: i. Fee for each $1,000 or estimated construction cost ii. Minimum fee $150.00 fraction thereof Ss.so Tenant Upfits, Re-roofs, Pavilions, Pole Buildings, Repairs & Renovations: i. Estimated cost of $2,000 or less $t00.00 ii. Fee for each additional $1,000 or fraction thereof of the estimated construction cost above $2,000 $5.50 Signs: i. ii. Estimated cost of $2,000 or less $50.00 Fee for each additional $1,000 or fraction thereof of the estimated construction cost $5.50 Commercial Swimming Pools: i. Estimated cost of $2,000 or less $150.00 ii. Fee for each additional $1,000 or fraction thereof of the estimated construction cost $5.50 iii. Barrier Permit, if permitted separately from the swimming pool permit $50.00 f. Temporary Construction Trailers $50.00 g. Flag Poles and Tents (greater than 900 square feet) $40.00 h. Satellite Dish $100.00 i. Demolition, Moving or Relocation of a Commercial Structure $100.00 Commercial Auxiliary Permits: a. To include electrical, mechanical, plumbing, gas, active solar system, fire/sprinkler, and well permits, when the cost of labor and materials involved installation, alteration, replacement and/or repair is (rounded up to the nearest dollar): i. $1,000 or less $50.00 99-375 4/28/99 (c) ii. For each additional $1,000 or fraction thereof, of the estimated cost over $1,000 $5.50 Other Commercial Permits: a. Annual Certificate of compliance for Elevators, Escalators (per floor), Dumbwaiters & Man lifts, payable on or before December 31st for the following year $40.00 Amusement Devices: i. Administrative amusement permit, where no inspections are required $10.00 Kiddie Rides - Type A. $10.00 ii. iii. Kiddie Rides - Type B $45.00 iv. Major Rides $25.00 $15.00 v. Spectacular Rides Fee Exemptions: a. A building permit fee will not be required where the cost of construction is less than $500 and would not require securing any permit for electrical, gas, mechanical or plumbing work in accordance with Section 107 of the Virginia Uniform Statewide Building Code. b. A building permit fee will not be required for the construction of buildings designed and used as a place of worship. c. A building permit fee will not be required for building permits for construction by county departments funded by the general fund. d. A building or auxiliary permit fee will not be charged for commercial construction located in an "Enterprise Zone" as designated by the Commonwealth of Virginia and administered by the Chesterfield County Block Grant Office. This exemption shall continue for the life of the Enterprise Zone. Disposition of fees. Ail permit fees required by this section shall be paid by the applicant to the county treasurer when the permit application is filed with the building official. The treasurer shall deposit all permit fees in the county's general fund° · (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-376 /28/99 8.A.3. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 8-13 (A) (IV) AND SECTION 8- 13(B), RELATING TO EROSION AND SEDIMENT CONTROL FEES Ms. Dickson stated that the proposed ordinance amendment recommends implementation of a $40 per permit charge for reviewing residential permits for drainage and erosion control compliance and that the fee will generate additional revenue to cover the cost of hiring two additional senior construction drainage inspectors. After brief discussion, on motion of Mrs. Humphrey, 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 SECTION 8-13 PERTAINING TO EROSION AND SEDIMENT CONTROL FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 8-13 of the Code of the County of Chesterfield, 1997, as amended, is amended and reenacted to read as follows: Sec. 8-13. Fees. (a) The applicant shall pay a program administration fee to the county at the time that he submits to the environmental engineer an erosion and sediment control plan. The amount of the fee shall be: For an erosion and sediment control plan for land which is 10,000 square feet or larger and not located in a proposed subdivision: $1,060.00, plus $50.00 for each acre of land to be disturbed. (ii) For an erosion and sediment control plan for land which is 10,000 square feet or larger and located in a proposed subdivision: $1,060.00, plus $50.00 for each lot. (iii) For an erosion and sediment control plan for land which is less than 10,000 square feet and is not to be used for a single-family residence: $100.00. (iv) For any building permit application or erosion and sediment control plan for land which is less than 10,000 square feet and is to be used for a single-family residence, separately built or any 99-377 /28/s9 amendment thereto that changes the proposed building footprint from that of the initial submission: $40.00. (b) No program administration fee shall be required for an erosion and sediment control plan for land-disturbing activity that takes place in conjunction with a land use for which a minor site plan has been approved in accordance with the zoning ordinance. (c) If a land-disturbance permit is revoked, the applicant shall pay an administrative fee in an amount equal to one-half of the original program administration fee when the applicant applies to have the land-disturbance permit reissued. (d) No business located within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay any of the fees described in this section. This exemption shall continue for the life of the Enterprise Zone. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.4. TO CONSIDER THE PROPOSED FY2000-2004 CAPITAL IMPROVEMENT PROGRAM Ms. Dickson stated that staff recommends adoption of the FY2000-2004 Capital Improvement Program totaling approximately $344.1 million including the revisions presented to the Board at the April 14, 1999 work session and summarized earlier. When asked, Ms. Dickson stated that the Proposed FY2000-2004 Capital Improvement Program includes the additional language requested by Mrs. Humphrey relative to Fairground improvements. On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the FY2000-2004 Capital Improvement Program, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.5. TO CONSIDER THE COUNTY'S FY2000 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME ANNUAL PLAN Ms. Dickson stated that the Board held a public hearing on March 24, 1999 to consider the FY2000 proposed Community Development Block Grant (CDBG) and HOME Annual Plan. She further stated that the Block Grant and HOME Annual Plan, with amendments, totals $2,711,300, which includes $1,800,246 in CDBG and HOME allotments and $911,054 of reprogrammed 99-378 4/28/99 appropriations. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the County's FY2000 Community Development Block Grant and HOME Annual Plan, as amended, and authorized the reallocation of $911,054 in previous fiscal year program funding. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.A.6. TO CONSIDER THE PROPOSED FY99-2000 BIENNIAL FINANCIAL PLAN Ms. Dickson stated that the Board held a public hearing on March 24, 1999 to consider the proposed FY99-2000 Biennial Financial Plan totaling approximately $659.7 million, including revisions presented April 14, 1999 as well as at today's work session. She further stated that staff recommends adoption of the Plan. Mr. McHale entered the following statement into the record: I am employed by John Tyler Community College as an independent consultant to provide job profiling and related services. I have disclosed this consulting contract publicly in the past and have stated that I will disqualify myself from participating as a member of this Board in any issue which affects John Tyler. The item which is before us is the adoption of the County's FY2000 budget. The proposed budget contains a donation from the County to John Tyler. Due to the interest I have in John Tyler, because of my consulting contract, I am disqualifying myself under the Virginia Conflict of Interests Act from participating in the adoption of that part of the budget which involves John Tyler. I also request that the donation to John Tyler be voted on separately so that I can vote on the remainder of the budget. I should also note that the proposed budget contains a donation to the Christmas Mother program. My wife has been selected to be this year's Christmas Mother. This is a volunteer position and my wife will not receive any compensation. I am advised that I can vote on this portion of the budget and I intend to do so. When asked, Ms. Dickson stated that Mrs. Humphrey's request for $8,000 for a storage facility at Ettrick Park can be accommodated in the CDBG Program. There was brief discussion relative to donation for the Chesterfield Metro Youth Football League. Mrs. Humphrey recommended that, until such time as the Parks and Recreation Advisory Commission has had the opportunity to review the issue of donations to sports associations, requests for donations by sports associations be provided through District Three-Cent Road Funds. 99-379 4/2s/99 Mr. Barber requested that Mr. Ramsey research the issue of donations to sports associations and report his findings to the Board. He then withdrew his request for a $4,000 donation to the Chesterfield Metro Youth Football League from the proposed Biennial Financial Plan. Mr. McHale stated that he will help Mr. Barber with a contribution from the Bermuda District Three-Cent Road Fund to the Youth Football League. Mrs. Humphrey made a motion, seconded by Mr. McHale, for the Board to adopt the FY99-2000 Biennial Financial Plan, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey then made a motion, seconded by Mr. Barber, for the Board to adopt funding for John Tyler Community College ($42,261), as recommended in the FY99-2000 Biennial Financial Plan. Ayes: Daniel, Warren, Barber, and Humphrey. Nays: None. Abstain: McHale. 8.A.7. ADOPTION OF RESOLUTION TO APPROPRIATE FUNDS FOR FISCAL YEAR 1999-2000 Ms. Dickson stated that the Board held a public hearing on March 24, 1999 to adopt a resolution to appropriate funds for FY99-2000. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2000 FOR THE OPERATING BUDGET AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board. of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July, 1999, and ending on the thirtieth day of June, 2000, the following sections shall be adopted: Sec. 1 The following designated funds and accounts shall be appropriated from the designated estimated revenues to operate and to provide a capital improvements program for the 99-380 4/28/99 County: General Fund Estimated Revenue: Appropriat ions: Comprehensive Services Estimated Revenue: Appropriations: School Operating Fund Estimated Revenue: From Local Sources: General Property Taxes Other Local Taxes Licenses, Permits, Fees Fines & Forfeitures Other Local Government From Other Agencies: State, Federal & Other Transfers & Reserves: Reserves Transfer from County Capital Transfer from CDBG Grant Transfer from Utilities Anticipated Fund Balance 7/1/99 Total Revenues: General Government Administration of Justice Public Safety Public Works Health and Welfare Parks, Rec., Cultural Community Development Non-Departmental Debt Service Operating Transfers Subsidy of the Health Center Reserves Ending Fund Balance, 6/30/2000 Total General Fund: Reimbursement, Colonial Heights State Aid, Comprehensive Srvs. Transfer from Social Services Transfer from Schools Transfer from General Fund Total Revenue: Operating Expenses To (From) Retained Earnings Total Appropriations: 204,397,400 66,999,400 7,936,100 904,500 21,166,500 89,601,000 5 167,900 488,400 10,000 28,000 28,440,900 425,140,100 24,688,400 4,431,800 76,265,800 12,122,400 38,212,300 11,677,900 5,334,600 8,826,900 13,766,700 198,404,500 400,000 1,321,000 29,687,800 425,140,100 135,000 1,360,400 345,200 525,000 496,800 2,862,400 2,862,400 2,862,400 99-381 4/28/99 Appropriations: School Capital Estimated Revenue: Appropriations: County Grants Fund: Estimated Revenue: Appropriations: Local Sources State Federal Transfer from School CIP Use of Reserve Transfer from School Operating Transfer from General Fund: State Sales Tax Local Taxes Postal Support Prior Year Revenue Grounds Maintenance Total General Fund: Beginning Balance Total Revenues, Transfers & Instruction Administration / A. & H. Pupil Transportation Operations & Maintenance Debt Service Food Service Grounds Maintenance Total Appropriations: Bond Proceeds Interest Earnings Transfer from Cash Proffer Fund State Construction Allocation Construction Management Charges Total Revenue School Capital Transfer to School Operating School Projects Construction Management Total Appropriations School From Other Governments From the General. Fund Total Revenue: CCS Options Grant Community Development Block Community Corrections Services Domestic Violence Coordinator Family Preservation Juvenile Detention USDA Grant Litter Grant Pretrial Release Police Grants 99-382 $14,970 000 123,792 200 12,507 800 1,941 000 6,146 200 374 500 31,899 800 142,604 200 103 200 2,092,900 1,274,800 $177,974,900 2,005,000 339,711,600 233 241,851 11 433,592 12 702,371 34 874,586 32 711,700 13 472,700 1,274,800 339,711,600 32,100,000 1,941,000 1,040,519 1,531,110 510,000 37,122,629 1,941,000 34,671,629 510,000 37,122,629 5,101,600 533,000 5,634,600 50 800 1,800 200 997 000 51 300 252 600 40 000 27 200 287 900 295 700 County CIP Fund Estimated Revenue: Appropriations: County Maintenance Estimated Revenue: Appropriations: Cash Proffer Fund Estimated Revenue: Appropriations: Vehicle and Communications Estimated Revenue: Appropriations: Construction Estimated Revenue: Victim/Witness Assistance VJCCCA Total Appropriations: Bond Proceeds Lease/Purchase Proceeds Interest Earnings Donation Transfer from General Fund Transfer from Utilities Transfer from Cash Proffer Fund State Grants/Reimbursements Total Revenue: County Capital Projects Transfer to the General Fund Total County CIP Funds: Transfer from General fund Total Revenue: County Maintenance Projects Total County Maintenance Cash Proffers Total Revenues: Reimbursement Transfer to School Capital Transfer to County Capital Total Appropriations: Garage/Fleet Charges Two-way Radio Charges Total Revenue: Garage/Fleet Communications/Electronics Addition to Reserves Total Appropriations: Service Charges Total Revenue: 99-383 232,200 1,599,700 5,634,600 6 750,000 9 000,000 488,400 775,000 6,130,400 70,000 100,000 5,810,000 29,123,800 28,635,400 488,400 29,123,800 1,600,000 1,600,000 1,600,000 1,600,000 1,164,719 1,164,719 24,200 1,040,519 100,000 1,164,719 8,050,900 626,000 8,676,900 7,904,300 636,800 135,800 8,676,900 450,800 450,800 4/28/99 Appropriations: Risk Management Fund Estimated Revenue: Appropriations: Airport Fund Estimated Revenue: Appropriations: Airport Capital Improvement Fund Estimated Revenue: Appropriations: Utilities Fund Estimated Revenue: Appropriations: Utilities Capital Construction Management Addition to Retained Earnings Total Appropriations: Operating Revenues Non-operating revenues Total Revenue: Risk Management Operations Total Appropriations: Sale of Stores and Supplies Rental Fees Misc. Revenue Total Revenue: Airport Operations Total Appropriations: Transfer from General Fund Total Revenue: Capital Improvements Total Appropriations: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection Transfer from General Fund Used from Improvement Other Revenue Total Revenue: Operations Debt Service Transfer to County Capital Transfer to General Fund Transfer to Capital Projects Payment in Lieu of Taxes Transfer to Wastewater Total Appropriations: 99-384 439,000 11,800 450,800 2,732,900 240,000 2,972,900 2,972,900 2,972,900 353,200 95,000 3,000 451,200 451,200 451,200 397,500 397,500 397,500 397,500 37,680,000 7,269,000 1,709,500 64,600 0 7,048,300 53,771,400 28,684,000 7,712,100 70,000 28,000 7,401,000 1,709,500 8,166,800 53,771,400 4/28/99 Estimated Revenue: Appropriations: Sec. 2 Sec. 3 Sec. 4 Sec. 5 Transfer from Water/Wastewater Total Revenue: 7,401,000 7,401,000 Capital Projects Total Appropriations: 7,401,000 7,401,000 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 15, 16, 17, 18, 19 and 21, authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation function/category. The County Administrator may transfer up to $20,000 from the unencumbered balance of the appropriation of one appropriation function/category to another appropriation function/category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $20,000. The County Administrator may increase appropriations for the following non-budgeted revenue items that may occur during the fiscal year: a) Insurance recoveries received for damage to any County property, including vehicles, for which County funds have been expended to make repairs. b) Refunds or reimbursements made to the County for which the County has expended funds directly related to that refund or reimbursement. c) Revenue not to exceed $20,000. Ail outstanding encumbrances, both operating and capital, at June 30, 1999 shall be reappropriated to the 1999-2000 fiscal year to the same department and account for which they were encumbered in the previous year. 99-385 4/28/99 Sec. 6 Sec. 7 a) At the close of the fiscal year, all unencumbered appropriations lapse for budget items other than Capital Projects, reserves, refunds for off-site and oversized water and wastewater facilities, grants, cash proffers, Economic Development Incentive funds, rental income received from properties located at the Meadowville Industrial Park, actual transient occupancy tax revenues received and budgeted expenditures in connection with the Richmond Convention Center, Public Safety Career Development Reserve and donations restricted to specific purposes, including donations made by citizens and citizen groups in support of County programs. b) With adoption of this resolution all transient occupancy tax revenue received and related expenditures prior to June 30, 1999 are hereby reappropriated. c) With adoption of this resolution all monies reserved for career development for public safety departments prior to June 30, 1998 are hereby reappropriatedo Appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriations until the completion of the project or until the Board of Supervisors, by appropriate ordinance or resolution, changes or eliminates the appropriation. The County Administrator may approve necessary accounting transfers between funds to enable the capital projects to be accounted for correctly. Upon completion of a capital project, staff is authorized to close out the project and transfer any remaining balances to the funding source. This section applies to all existing appropriations for Capital Projects at June 30, 1999 and appropriations in the 1999-2000 budget. The County Administrator may approve construction contract change orders up to an increase of $15,000 and approve all change orders for reductions to contracts. The County Administrator may authorize the transfer of Utilities Capital Projects funds that are 20% or up to $100,000 of the original project cost, whichever is less, from any Utilities Capital Project to any other Utilities Capital Project. Should the actual contract price for a 4/ 8/99 99-386 Sec. 8 Sec. 9 Sec. 10 Sec. 11 project be less than the appropriation, the County Administrator may approve transfer of excess funds to the funding source upon completion of the project. The approval by the Board of Supervisors to request and accept any grant of funds to the County constitutes the appropriation of both the revenue to be received from the grant and the County's expenditure required by the terms of the grant, if any. Allocation of Food Stamps will be considered a Board approved grant for purposes of this section up to the actual value of food stamps received. The appropriation of grant funds will not lapse at the end of the fiscal year, but shall remain appropriated until completion of the grant or until the Board of Supervisors changes or eliminates the appropriation. The County Administrator may reduce any grant appropriation to the level approved by the granting agency during the fiscal year. The County Administrator may approve necessary accounting transfers between funds to enable the grant to be accounted for correctly. Ail transfers to grant funds from operating funds are automatically carried over and reappropriated, unless the grant is completed and is to be closed out at June 30. Upon completion of a grant project, County Administrator is authorized to close the grant and transfer back to the funding source any remaining balances. This applies to appropriations for grants outstanding at June 30, 1999 and appropriations in the 1999-2000 budget. The County Administrator may reduce revenue and expenditure appropriations related to programs funded all or in part by the Commonwealth of Virginia and/or the federal government to the level approved by the responsible state or federal agency. The Director of Accounting is authorized to make transfers to various funds for which there are transfers budgeted. The Director shall transfer funds only as needed up to amounts budgeted, or in accordance with any existing bond resolutions that specify the manner in which transfers are to be made. The Treasurer may advance monies to and from the various funds of the County to allow maximum cash /28/99 99-387 Sec. 12 Sec. 13 Sec. 14 Sec. 15 Sec. 16 Sec. 17 flow efficiency. The advances must not violate county bond covenants or other legal restrictions that would prohibit such an advance. The County Administrator is authorized to make expenditures from Trust & Agency Funds for the specified reasons for which the funds were established. In no case shall the expenditure exceed the available balance in the fund. The County Administrator is authorized to transfer funds for supplemental retirement, Worker's Compensation, healthcare for retirees, cost related to the coordinated pay plan, and/or any amount of Insurance Reserve funds consistent with the County's Risk Management program to departments, as needed. The portion of the reserve for capital projects related to the school budget will be added to the reserve for future capital projects in the general fund; and will be designated for school projects. The County Administrator may appropriate revenues and increase expenditures in excess of $20,000 for funds received by the County from asset forfeitures for operating expenditures directly related to drug enforcement. This applies to funds currently on-hand at June 30, 1999, and all funds received in the 1999-2000 budget year. The outstanding balance of these funds at June 30, 1999 or June 30, 2000 shall not lapse but be carried forward into the next fiscal year. The County Administrator may increase the general fund appropriation in the School Operating Fund, contingent upon availability of funds and taking into consideration any other expenditures which may have occurred, based on the following schedule: a) Increase general fund transfer/appropriation on December 15 by $1,500,000. b) Increase general fund transfer/appropriation on February 15 by $1,500,000. c) Increase general fund transfer/appropriation on April 15 by $1,500,000. Subsequent to all audit adjustments, the County 4/2s/99 99-388 Sec. 18 Sec. 19 Sec. 20 Sec. 21 Sec. 22 Sec. 23 Administrator may increase appropriations or authorize transfers of existing appropriations at June 30. This includes the authority to designate all available FY99 operating funds to the general fund Reserve for Capital Projects or for subsequent years appropriations, assuming ending general fund balance is maintained at a minimum of 7.5% of general fund expenditures. The County Administrator is authorized to reallocate funding sources for Capital Projects, arbitrage rebates/penalties, and debt service payments and to appropriate bond interest earnings to minimize arbitrage rebates/penalties. This authority would include the appropriation of transfers among funds to accomplish such reallocations. Budgets for specific Capital Projects will not be increased beyond the level authorized by Sections 3 and 4. This applies to funds currently on-hand in FY99, and all funds received in the 1999-2000 budget year. The County Administrator is authorized to transfer among appropriation categories any amount of funds associated with implementation of the Comprehensive Services Act for at-risk youth and families and funding associated with the implementation of the VJCCCA Grant to record transactions. Salaries for Planning Commissioners will be increased equivalent to the increase given to all County employees. Effective upon adoption of this resolution, the County Administrator is authorized to approve transfers among funds as long as total net spending is not increased. The County Administrator shall have authority to appropriate actual State Compensation Board revenue and associated expenditures, when such revenue is provided for the purpose of funding new positions in Constitutional Officers' departments, provided that the Board of Supervisors has approved the creation of the new positions. Beginning with the FY97 budget and effective upon adoption of this resolution, the Utilities Department rate stabilization reserve shall be created and maintained as per guidelines outlined &/28/99 99-389 Sec. 24 Sec. 25 below: a) The minimum annual contribution to the reserve will be 50% of the previous year's depreciation on fixed assets. b) The annual contribution to the reserve will continue until. 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 100% of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization reserve if the balance falls below 25% of that utility's fixed asset accumulated depreciation. d) The declaration of a financial emergency by the Director of Utilities and a corresponding four-fifths vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 23 a, Sec. 23 b, and Sec. 23 c. Effective with the FY2000 budget and effective upon adoption of this resolution, the School Board and/or the School Superintendent may make expenditure changes within the school appropriations as follows: a) Transfers of $20,000 or less are subject to the approval of the Superintendent. b) Transfers of $20,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. The County Administrator is authorized to reclassify budgeted revenues, as appropriate, to 4/28/99 99-390 reflect implementation of the State's Personal Property Tax Relief Act. This applies to funds currently on-hand in FY99, and all funds received in the 1999-2000 budget year. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.7.f. SET DATE FOR PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO BUSINESS LICENSE FEES Mr. Warren stated that he would like to amend the Agenda Item to also include consideration of an amendment to the ordinance to exempt $40,000 of gross receipts of a business with $100,000 or more in gross receipts from the gross receipts tax. Mr. Warren then made a motion, seconded by Mr. McHale, for the Board to set the date of May 25, 1999 at 7:00 p.m. to consider an ordinance amendment, as amended, relating to business license fees. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey congratulated Mr. Daniel upon successfully completing twenty budgets and appropriating a total of $7,465,581,306 to provide education and services for the County. 8.B. DEFERRED STREETLIG~T INSTALLATION COST APPROVALS On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the following streetlight installation cost approvals: Matoaca District * Deer Run Drive and Buck 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 Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-391 4/28/99 8.C. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow simultaneous nomination/appointment of the Clerk to the Board of Supervisors. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. O CLERK TO THE BOARD OF SUPERVISORS On motion of the Board, the Board simultaneously nominated/ appointed Ms. Lisa Elko to serve as Clerk to the Board of Supervisors whose term is effective immediately and will be at the pleasure of the Board. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D. CONSENT ITEMS 8.D.1. ADOPTION OF RESOLUTION RECOGNIZING MAY 9-15, 1999 AS ~NATIONAL LAW ENFORCEMENT WEEK" On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the dedicated, loyal, and brave members of law enforcement agencies throughout the County provide an invaluable service to all citizens; and WHEREAS, the week of May 9-15, 1999, is widely recognized as ~National Law Enforcement Week"; and WHEREAS, the County is proud and honored to have such outstanding and professional individuals as law enforcement officers in Chesterfield County who serve to protect health, safety, and welfare of its citizenry. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of May 9-15, 1999 as ~National Law Enforcement Week" in Chesterfield County and calls this recognition to the attention of all its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-392 8.D.2. AUTHORIZATION FOR YOUTH SERVICES TO APPLY FOR A DEPARTMENT OF CRIMINAL JUSTICE SERVICES GRANT TO BE USED TO IMPLEMENT A MENTORING PROGRAM FOR YOUTH INVOLVED WITH THE COURTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized Youth Services to apply for and receive $35,492 in grant funds from the Department of Criminal Justice Services to implement a mentoring program for youth involved with the courts and appropriate the funds when approved. Ayes: Daniel, Warren, Barbez, Humphrey, and McHale. Nays: None. 8.D.3. ACCEPTANCE OF PARCELS OF LAND 8.D.3.a. ALONG THE WEST LINE OF IRONBRIDGE ROAD FROM BROCK'S PROPERTIES, A VIRGINIA GENERAL PARTNERSHIP On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.0266 acres along the west right of way line of Ironbridge Road (State Route 10) from Brock's Properties, a Virginia General Partnership, 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: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.3 .b. ALONG TEE SOUTH LINE OF LADY MARIAN PLACE FROM QUEENSMILL CORPORATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.043 acres along the south right of way line of Lady Marian Place from Queensmill 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: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-393 8.D.3.c. FOR LAKE C~ESDIN PARKWAY FROM C & R REALTY, L.P. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 7.023 acres for Lake Chesdin Parkway from C & R Realty, L.P., 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: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.5. APPROVAL OF STREET NAME C~ANGE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the renaming of Blanchard Drive, from Rexmoor Drive to Bondurant Drive in Stonehenge Subdivision, to Edenberry Drive. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.6. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Beckenham, Section D, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Beckenham, Section D, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mrs. Humphrey, it is resolved that the roads in Beckenham, Section D, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: 99-394 /28/99 Name of Street: Inchcape Road Length: 0.26 mile From: Existing Inchcape Road, State Route 1242, 0.05 mile southeast of Tweedsmuir Road, State Route 1243 To: Tweedsmuir Road, State Route 1243, 0.07 mile southwest of Tweedsmuir Place, State Route 4641 Variable Right-of-Way Width: 50 to 60 feet. Name of Street: Inchcape Court Length: 0.05 mile From: Inchcape Road, 0.09 mile southeast of Tweedsmuir Road, State Route 1243 To: Cul-de-sac, 0.05 mile north of Inchcape Road Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 19 lots. This section of Beckenham is recorded as follows: Section D, Plat Book 94, Page 81, July 21, 1997. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.7. SET DATE FOR PUBLIC HEARINGS 8.D.7.a. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON BEULAH ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of May 25, 1999 at 7:00 p.m. for a public hearing to consider the restriction of through truck traffic on Beulah Road. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.7 .b. TO CONSIDER ADOPTION OF ORDINANCE PROVIDING FOR ASSESSMENT OF PARTIALLY COMPLETED BUILDINGS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of May 25, 1999 at 7:00 p.m. to consider adoption of an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending section 9-14.1 relating to assessment of new buildings. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-395 4/28/99 8.D.7.¢. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT OF WAY AND EASEMENTS FOR ASHTON CREEK BUSINESS CENTER AND AUTHORIZATION TO ENTER AND TAKE SUCH PROPERTY PRIOR TO EMINENT DOMAIN PROCEEDINGS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of May 25, 1999 at 7:00 p.m. to consider the exercise of eminent domain for the acquisition of right of way and easements for Ashton Creek Business Center and authorization to enter and take such property prior to eminent domain proceedings. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.7.d. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE BELLWOOD AND CLOVER HILL WATER TANKS TO TRITON PCS COMPANY L.L.C. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of May 25, 1999 at 7:00 p.m. to consider the leasing of County Property at the Bellwood and Clover Hill water tanks to Triton PCS Company L.L.C. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.7.e. TO CONSIDER THE CONVEYANCE OF LEASE OF REAL PROPERTY AT WOODLAKE ATHLETIC COMPLEX FOR OPERATION OF FOOD CONCESSIONS BY MIDLOTHIAN YOUTH SOCCER LEAGUE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of May 25, 1999 at 7:00 p.m. to consider the conveyance of lease of real property at Woodlake Athletic Complex for operation of food concessions by Midlothian Youth Soccer League. Ayes: Daniel, Warren, Barber, Hhmphrey, and McHale. Nays: None. 8.D.7 .g. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT OF WAY AND EASEMENTS FOR LORI ROAD RELOCATED AND AUTHORIZATION TO ENTER AND TAKE SUCH PROPERTY PRIOR TO EMINENT DOMAIN PROCEEDINGS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of May 25, 1999 at 7:00 p.m. to consider the exercise of eminent domain for the acquisition of right of way and easements for Lori Road Relocated and authorized the County to enter and take immediate title to the property prior to the eminent domain proceedings. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-396 /28/99 8.D. 8. TRANSFER OF THREE CENT ROAD FUNDS 8.D.8.a. FROM DALE DISTRICT FOR THE MEADOWDALE AREA SUMMER DAY CAMP PROGRAM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $3,500 from the Dale District Three Cent Road Fund to Parks and Recreation to offset costs of operating a summer day camp program in the Meadowdale area. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.8.b. FROM DALE DISTRICT FOR PARKS AND RECREATION TO PURCHASE AND INSTALL BLEACHERS AT FALLING CREEK MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred 3,000 from the Dale District Three Cent Road Fund to Parks and Recreation to purchase and install aluminum bleachers at Falling Creek Middle School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.9. REQUEST TO STAGE A FIREWORKS DISPLAY AT THE CHESTERFIELD COUNTY FAIRGROUNDS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from the Parks and Recreation Department to stage a fireworks display at the County Fairgrounds on July 4, 1999, with no rain date. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.10. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR ACE CELEBRATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request for an entertainment festival permit from the County Administrator for an outdoor music/entertainment festival to celebrate the County's receiving the Award for Continuing Excellence on May 12, 1999 from 11:30 a.m. until 2:00 p.m., subject to appropriate conditions imposed by staff. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-397 4/28/99 8.D.11. APPROVAL TO DESIGNATE RIGHT OF WAY AND EASEMENTS FOR LAKE CHESDIN PARKWAY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the designatien ef a 0.499 acre parcel of Ceunty property as right ef way and a variable width Virginia Department of Transportatien slope and drainage easement for Lake Chesdin Parkway and autherized the Ceunty Administrator to execute the necessary declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D,12. APPROVAL TO DESIGNATE RIGHT OF WAY FOR JURY DRIVE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the designation of a 3.059 acre parcel and a 0.239 acre parcel of County property as right of way for Jury Drive and authorized the County Administrator to execute the necessary declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.13. APPROVAL OF CHANGE IN HOLIDAY SCHEDULE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the change in the previously approved New Year's Holiday from Friday, December 31, 1999 to Monday, January 3, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following reports: A Status Report on General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases; and a Report on Developer Water and Sewer Contracts. And, further, the Board accepted the following roads into the State Secondary System: 99-398 4/28/99 ADDITIONS LENGTH -AVIEMORE AT THE HIGHLANDS - Aviemore Court (Route 5179) (Effective 3/17/99) - From Route 5160 to 0.09 Mile Northeast Route 5160 BIRKDALE, SECTION 30 - (Effective 3/22/99) Ashdale Court (Route 5059) - From Route 5058 to 0.03 Mile Southeast Route 5058 Ashdale Way (Route 5058) - From Route 5021 to 0.10 Mile Northeast Route 5021 BRANDY OAKS, SECTION 4 Brandy Oaks Drive (Route 4323) - From 0.13 Mile Northeast Route 4325 to 0.37 Mile Northeast Route 4325 Brandy Oaks Road (Route 4322) - From Route 4323 to 0.06 Mile East Route 4323 BROOKSTONE, SECTION B - (Effective 3/25/99) Fox Hurst Drive (Route 4143) - From 0.21 Mile Southwest Route 4124 to 0.04 Mile South Route 4124 Fox Hurst Place (Route 4192) - From Route 4143 to 0.04 Mile Northwest Route 4143 DUNVEGAN WOODS AT THE HIGHLANDS - (Effective 3/17/99) Dunvegan Court (Route 5175) - From Route 5174 to 0.13 Mile North Route 5174 GLEBE POINT WEST - (Effective 3/25/99) Benefice Ridge (Route 3936) - From 0.18 Mile Southwest Route 3919 to Route 3919 Loamy Circle (Route 3921) - From 0.14 Mile South Route 3919 to Route 3919 Loamy Court (Route 3923) - From 0.10 Mile West Route 3921 to Route 3921 Masada Court (Route 3968) From 0.04 Mile Southwest Route 3919 to 0.04 Mile Northeast Route 3919 Masada Drive (Route 3919) - From Route 3968 to 0.11 Mile East Route 3914 Molena Drive (Route 3948) - From 0.04 Mile Southwest Route 3919 to Route 3919 99-399 0.09 Mi 0.03 Mi 0.10 Mi 0.24 Mi 0.06 Mi 0.17 Mi 0.04 Mi 0.13 Mi 0.18 Mi 0.14 Mi 0.10 Mi O.O8 Mi 0.44 Mi 0.04 Mi 4128199 Orangeburg Way (Route 3914) - From Route 3919 to Route 3015 HAMPTON PARK, SECTION 1 - (Effective 3/23/99) Hampton Forest Drive (Route 5194) - From Route 5195 to 0.08 Mile Northeast Route 5195 Hampton Glen Drive (Route 5195) - From 0.03 Mile West Route 5194 to 0.07 Mile East Route 5194 Hampton Park Boulevard (Route 5191) - From Route 5194 to Route 5190 Hampton Park Circle (Route 5192) - From Route 5191 South to Route 5191 North Via Loop Hampton Park Drive (Route 5190) - From 0.50 Mile Southwest Route 360 to Route 360 Hampton Summit Lane (Route 5193) - From 0.03 Mile West Route 5191 to Route 5191 KINTAIL FOREST AT THE HIGHLANDS - (Effective 3/17/99) Applecross Way (Route 5174) - From Route 636 to Route 5160 Highland Glen Drive (Route 5160) - From Route 5180 to Route 5181 Kintail Drive (Route 5181) - From Route 5160 South to Route 5160 North Via Loop MEADOW OAKS, SECTION D - (Effective 3/22/99) Meadow Oaks Boulevard (Route 4243) - From Route 1601 to 0.17 Mile Northeast Route 1601 Misty Oak Court (Route 4246) - From 0.04 Mile Southeast Route 4243 to Route 4243 Silver Oak Court (Route 4245) - From 0.03 Mile Southwest Route 4244 to Route 4244 Silver Oak Lane (Route 4244) - From Route 4243 to 0.09 Mile Southeast Route 4243 SAVANNAH TRACE, SECTION 1 - (Effective 3/25/99) Taylor Brook Court (Route 3981) - From Route 3938 to 0.05 Mile North Route 3938 Taylor Brook Lane (Route 3938) - From Route 3039 to 0.18 Mile West Route 3039 SIDLAW HILLS AT THE HIGHLANDS - (Effective 3/17/99) 99-400 0.12 Mi 0.08 Mi 0.10 Mi 0.29 Mi 0.09 Mi 0.50 Mi 0.03 Mi 0.56 Mi 0.09 Mi 0.41 Mi 0.17 Mi O.04 Mi 0.03 Mi 0.09 Mi 0.O5 Mi 0.18 Mi 4/28/99 Burray Road (Route 5184) - From Route 5160 to 0.01 Mile North Route 5185 0.06 Mi Cromarty Court (Route 5185) From Route 5184 to 0.20 Mile Northwest Route 5184 0.20 Mi Highland Glen Drive (Route 5160) - From Route 1581 to 0.01 Mile East Routes 1582/1584 0.29 Mi Sidlaw Hills Lane (Route 5182) - From Route 5183 to Route 5160 0.11 Mi Sidlaw Hills Terrace (Route 5183) - From 0.17 Mile South Route 5182 to 0.13 Mile Northwest Route 5182 0.30 Mi STONEY GLEN WEST - LIPPINGHAM, SECTION 2 - (Effective 3/25/99) Lippingham Circle (Route 4969) - From Route 4967 to 0.06 Mile North Route 4967 0.06 Mi Lippingham Drive (Route 4966) - From Route 4967 to Route 4965 0.20 Mi Lippingham Lane (Route 4967) - From 0.28 Mile Northwest Route 4968 to 0.02 Mile Southwest Route 4968 0.26 Mi Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11. EXECUTIVE SESSION PURSUANT TO SECTION 2.1-344A.7., CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS RELATING TO THEAMORTIZATION OF BILLBOARDS AND TRESPASS ON COUNTY RIGHTS OF WAY AND COUNTY V. SPENCER On motion of Mr. McHale, seconded by Mr. Barber, the Board went into an Executive Session Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters relating to the amortization of billboards and trespass on County rights of way and County v. Spencer. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Reconvening: On motion of Mr. Daniel, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the 99-401 4/28/99 Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Executive Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mrs. Humphrey: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. Daniel: Aye. 12. DINNER On motion of Mr. Barber, seconded by Mr. Warren, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Reconvening: 13. INVOCATION Reverend Harry Long, Pastor of Sycamore Presbyterian Church, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scouts Robert McKinley and Neal Burns led the Pledge of Allegiance to the Flag of the United States of America. 99-402 4/28/99 15. RESOLUTIONS AND SPECIAL RECOGNITIONS 15 .A RECOGNIZING THE 1999 CHAMPIONS IN THE CHESTERFIELD BOYS BASKETBALL LEAGUE 15.A.1. MINOR DIVISION Mr. Kappel introduced Mr. Lawrence Mines, Harrowgate Eagles basketball team. coach of the Coach Mines introduced members of the Harrowgate Eagles team, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield Boys Basketball League Minor Division consists of 35 teams; and WHEREAS, these teams provide youths with the opportunity to engage in wholesome recreational programs; and WHEREAS, the competition and camaraderie fostered by the league are positive influences on the young men participating; and WHEREAS, the Harrowgate Eagles, led by Coach Lawrence Mines, completed the regular season with ten wins and no losses; and WHEREAS, the Harrowgate Eagles won the Minor NCAA County championship by defeating the Chalkley Lakers by a score of 35 to 30 at Manchester High School on March 13, 1999. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the superb efforts of the Harrowgate Eagles and Coach Mines, and commends them for their outstanding accomplishments and noteworthy record. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented executed resolutions to Mr. Mines, and also to members of the Harrowgate Eagles basketball team, and congratulated them on an excellent season. Mr. Mines expressed appreciation to the recognition and to the members of his cooperation throughout the season. Board for the team for their 15.A.2 INTERMEDIATE DIVISION Mr. Kappel introduced Mr. Michael Goode, coach of the Chalkley Tarheels basketball team. Mr. Goode introduced members of the Chalkley Tarheels team, who 4/2s/9 99-403 were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield Boys Basketball Intermediate Division consists of 28 teams; and League WHEREAS, these teams provide youths with the opportunity to engage in wholesome recreational programs; and WHEREAS, the competition and camaraderie fostered by the league are positive influences on the young men participating; and WHEREAS, the Chalkley Tarheels, led by Coach Michael Goode, completed the regular season with nine wins and one loss; and WHEREAS, the Chalkley Tarheels won the Intermediate NCAA County championship by defeating the Hening Lakers by a score of 41 to 33 at Midlothian High School on March 13, 1999. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the superb efforts of the Chalkley Tarheels and Coach Goode, and commends them for their outstanding accomplishments and noteworthy record. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolutions to Mr. Goode, and also to members of the Chalkley Tarheels basketball team, and congratulated them on an excellent season. Mr. Goode expressed appreciation to the Board for the recognition and to the members of his team for their efforts towards winning the championship. 15.A.3. JUNIOR DIVISION Mr. Kappel introduced Mr. Michael Bradford, coach of the Chalkley Knicks basketball team. Mr. Bradford introduced members of the Chalkley Knicks team, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield Boys Basketball League Junior Division consists of 24 teams; and WHEREAS, these teams provide youths with the opportunity to engage in wholesome recreational programs; and 99-404 ~/28/99 WHEREAS, the competition and camaraderie fostered by the league are positive influences on the young men participating; and WHEREAS, the Chalkley Knicks, led by Coach Michael Bradford, completed the regular season with six wins and four losses; and WHEREAS, the Chalkley Knicks won the Junior NCAA County championship by defeating the Evergreen Eagles by a score of 61 to 47 at Meadowbrook High School on March 13, 1999. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the superb efforts of the Chalkley Knicks and Coach Bradford, and commends them for their outstanding accomplishments and noteworthy record. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolutions to Mr. Bradford, and also to members of the Chalkley Knicks basketball team, and congratulated them on an excellent season. Mr. Bradford expressed appreciation to the Board for the recognition and to members of his team for their efforts towards a very rewarding season. 15.A.4. SENIOR DIVISION Mr. Kappel introduced Mr. Dennis Harding, coach of the Beulah Colts basketball team. Mr. Harding introduced members of the Beulah Colts team, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield Boys Basketball League Senior Division consists of 33 teams; and WHEREAS, these teams provide youths with the opportunity to engage in wholesome recreational programs; and WHEREAS, the competition and camaraderie fostered by the league are positive influences on the young men participating; and WHEREAS, the Beulah Colts, led by Coach Dennis Harding, completed the regular season with ten wins and no losses; and WHEREAS, the Beulah Colts won the Senior NCAA County championship by defeating the Jacobs Jaguars by a score of 83 to 82 at Manchester High School on February 26, 1999. 99-405 4/28/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the superb efforts of the Beulah Colts and Coach Harding, and commends them for their outstanding accomplishments and noteworthy record. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolutions to Mr. Harding, and also to members of the Beulah Celts basketball team, and congratulated them on an excellent season. Mr. Harding expressed appreciation to the Board for the recognition and also to members of his team for their efforts towards a successful season and stated that the mission of the Beulah Colts team was giving back to others. 15 .B. RECOGNIZING MAY 16-22, 1999 AS "VOLUNTEER RESCUE SQUAD WEEK" Deputy Chief Paul Shorter stated that the County's Emergency Medical System responded to over 17,000 calls for service during 1998 and that the volunteer rescue squad personnel contributed a significant amount of time preparing for and handling a portion of those incidents. He then introduced Mr. Rick Morrow, representing Forest View Rescue Squad; Mr. Gary Frame, representing Bensley-Bermuda Rescue Squad; Mr. Bruce Wilson and Mr. Jesse Croom, representing Ettrick-Matoaca Rescue Squad; and Ms. Gayle Ely and Mr. Michael Edwards, representing Manchester Rescue Squad. On motion of the Board, the following resolution was adopted: WHEREAS, Bensley-Bermuda, Ettrick-Matoaca, Forest View, and Manchester Volunteer Rescue Squad members provide basic and advanced pre-hospital patient care, a vital public service, to the citizens of Chesterfield County; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, last year volunteer rescue squad members in Chesterfield County answered almost 9,000 emergency medical responses; and WHEREAS, members of the volunteer rescue squads engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, these services are provided strictly on a volunteer basis without monetary compensation; and 99-406 4/z8/99 WHEREAS, injury prevention and the appropriate use of the EMS system can reduce national health care costs; and WHEREAS, Chesterfield County is committed to assisting the squads in their role as an integral part of Emergency Medical Services. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of May 16-22, 1999, as "Volunteer Rescue Squad Week," and asks the citizens of Chesterfield County to participate in activities sponsored by their local squads to promote safety at home, work, school, and on the roadways and recognize the contributions made by the volunteers. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolutions to Mr. Morrow, Mr. Frame, Mr. Wilson, Mr. Croom, Ms. Ely and Mr. Edwards, expressed appreciation to them for their volunteer service, and commended them on the services they provide County citizens. Mr. Morrow expressed appreciation to the Board for the recognition and stated that the volunteer rescue squads remain committed to making Chesterfield County the safest community of its size in the Country. 15.D. RECOGNIZING MEADOWBROOK HIGH SCHOOL AS CHESTERFIELD COUNTY'S INTERNATIONAL HIGH SCHOOL Ms. Cole introduced Mr. James Porach, Principal of Meadowbrook High School, and Mr. Sterling Hawkins, teacher and Student Council Representative at Meadowbrook High School. She then recognized Mrs. Elizabeth Davis, Dale District School Board Representative, who was present at the meeting. Mr. Porach stated that the student body at Meadowbrook is the most culturally diverse in the County. He introduced Ms. April Wilson, Ms. Katie Meredith and Mr. Christian Butler, officers in the Meadowbrook High School Interact Club, and Ms. Martha Creasy, School Council Representative. On motion of the Board, the following resolution was adopted: WHEREAS, Meadowbrook High School is the home of the County's secondary English as a Second Language (ESL) Program; and WHEREAS, Meadowbrook is one of two locations in the County that houses the prestigious International Baccalaureate Program; and 99-407 /28/99 WHEREAS, the South Richmond Chapter of Rotary International recognizes, sponsors and supports the Interact Club at Meadowbrook; and WHEREAS, the Interact Club has a continuing program of purchasing, presenting and hanging flags representing the various nations of students and faculty within the school; and WHEREAS, the South Richmond Rotary and Meadowbrook High School share in a partnership that provides the children of Guyana access to school books; and WHEREAS, Meadowbrook High School students annually participate in various Model United Nations programs held throughout the State of Virginia; and WHEREAS, the Foreign Language Department traditionally celebrates Foreign Language Week with activities to create and enhance student awareness of the different languages and cultures represented at Meadowbrook High School; and WHEREAS, of the 1,410 students at Meadowbrook High School, 58 nationalities are represented within the student body; and, of 49 athletes on the Meadowbrook soccer team and tennis teams, 22 players represent nationalities other than America and speak more than 20 different languages. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes MEADOWBROOK HIGH SCHOOL as truly an International School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Porach, accompanied by Mr. Hawkins, Ms. Davis, Ms. Creasy and officers of the Interact Club; congratulated them on their successful efforts towards cultural awareness at Meadowbrook; and expressed appreciation to the School Board for its support of the endeavor. 15 .G. RECOGNIZING MAY 1999 AS "ASIAN/PACIFIC AMERICAN HERITAGE MONTH" Mr. Kappel introduced Mr. Wilson Goh, Chairman of the Asian American Society of Central Virginia. On motion of the Board, the following resolution was adopted: WHEREAS, President Clinton has proclaimed May 1999 as "Asian/Pacific American Heritage Month"; and WHEREAS, Asian/Pacific Americans have brought energy, talent and many noteworthy achievements to their adopted nation; and 99-408 4/28/99 WHEREAS, by the year 2000 as many as 10 million Americans may be of Asian/Pacific American descent; and WHEREAS, Asian/Pacific Americans have achieved recognition as mayors; members of Congress; astronauts; judges and in many other noteworthy careers; and WHEREAS, nine Asian/Pacific Americans have earned the Medal of Honor, the nation's highest award for bravery in combat; and WHEREAS, Asian/Pacific Americans have excelled in many fields, including receiving a Nobel Prize in Chemistry; and WHEREAS, Chesterfield County is fortunate to enjoy the many positive contributions made by Asian/Pacific Americans. NOW THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors recognizes May 1999 as "Asian/Pacific American Heritage Month," and celebrates the many contributions of Asian/Pacific Americans to the strength of our county, our state and our nation. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Goh, and expressed appreciation for the efforts of the Asian American Society of Central Virginia towards promoting awareness of Asian/Pacific American heritage. Mr. Goh introduced Ms. Liu-Jen Chu, Ms. Linda Smith, Ms. Reiko Liu and Mr. Jessy Smith, members of the Asian American Society of Central Virginia, and stated that there are approximately 30,000 Asian Americans who live in the Richmond Metropolitan Area. He expressed appreciation to the Board for the recognition and encouraged the public to attend the Asian American Celebration on May 1, 1999. 15.C. RECOGNIZING GIRL SCOUT TROOP 841 Mr. Kappel introduced Ms. Wanda Murray, Troop Leader of Junior Girl Scout Troop 841, along Ms. Theresa Heflin and members of the troop. On motion of the Board, the following resolution was adopted: WHEREAS, Junior Girl Scout Troop 841 in Midlothian is comprised of girls from Watkins; Betty Weaver and Swift Creek Elementary Schools; and WHEREAS, Troop Leader Wanda Murray suggested that, since Girl Scout cookies and milk are a natural match, a photograph of the Girl Scouts with Girl Scout cookies would be a good advertisement for milk; and 99-409 4/28/99 WHEREAS, these Junior Girl Scouts entered a photograph with the popular "milk mustache" theme in a national competition; and WHEREAS, the competition involved a "Milk Mobile" tour of 100 cities on a "Better Bones" campaign; and WHEREAS, the photograph of five Troop 841 girls with ~milk mustaches" was selected as one of three "Creativity Award" winners from more than 30,000 photographs submitted nationally; and WHEREAS, the photograph appeared in the February 22, 1999 issue of "People" magazine; and WHEREAS, Troop 841 has brought positive, attention to Chesterfield County. national NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Troop 841, congratulates them on their success in this national advertising competition, and wishes these Junior Girl Scouts continued success in their scouting careers. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution to Ms. Murray and congratulated her on the creativity efforts of Troop 841. He challenged the Junior Girl Scouts to receive the Gold Star Award in their scouting career. Ms. Murray expressed appreciation to the Board for the recognition. Ms. Heflin presented each Board member and Girl Scout with a milkshake and a group photograph was taken of the Board members and Girl Scouts with milk moustache smiles. 15 E. RECOGNIZING HENRY RESPESS FOR HIS SERVICE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Mr. Harris introduced Mr. Henry Respess, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Henry Respess has served with distinction as a member of the Industrial Development Authority from August 25, 1993 to November, 1998; and WHEREAS, Mr. Respess has faithfully and diligently performed the duties and discharged the responsibilities incumbent upon a member of the Industrial Development Authority; and 99-410 4~28~99 WHEREAS, Mr. Respess has demonstrated leadership, sensitivity, and commitment to the issues before the Industrial Development Authority while serving on the Board. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Henry Respess and expresses its appreciation for his commitment and significant contributions to the promotion of industry and development of trade while serving on the Industrial Development Authority. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Respess and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. McHale presented the executed resolution to Mr. Respess and expressed appreciation for his service on the Industrial Development Authority. Mr. Respess thanked the Board for the recognition. 15 .F. RECOGNIZING LAURIE NEWILL FOR HER CONTRIBUTIONS TO DEVELOPMENT OF THE CLOVER HILL DISTRICT AND HER SERVICE ON THE BRANDERMILL COMMUNITY ASSOCIATION'S BOARD OF DIRECTORS Mr. Jacobson introduced Ms. Laurie Newill who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Laurie Newill has served on the Board of Directors for the Brandermill Community Association from April, 1994 until April, 1999 and, during this time, held the office of President and, most recently, First Vice-President; WHEREAS, Laurie was instrumental in developing the long- range strategic plan for Brandermill in order to maintain the superior character of the community; and WHEREAS, Laurie worked with developers in a leadership capacity on such major projects as Faison Capital Development, Incorporated and Home Depot USA, Incorporated. WHEREAS, Laurie has served as Brandermill's spokesperson at numerous County meetings of the Planning Commission and Board of Supervisors; and WHEREAS, Laurie has represented Brandermill in promoting environmental interests with respect to the Swift Creek Reservoir including the adoption of the amendments to the Upper 99-411 4/28/99 Swift Creek Ordinance; promotion of a watershed-wide BMP Master Plan; and incorporation of environmental protection language in the proposed Route 288 Corridor Plan; and WHEREAS, during her service on Brandermill's Board of Directors, Laurie served on numerous committees including the Environmental Committee, Fourth of July Committee, Playground Committee and the Strategic Planning Committee; and has been a longstanding member of the Brandermill Neighborhood Representative Council; and WHEREAS, Laurie represents the epitome of volunteerism and, as such, is worthy of recognition. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Laurie Newill for her years of service to the Brandermill Community Association and her contributions to the development of the Clover Hill District. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Laurie and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Warren presented the executed resolution to Ms. Newill, accompanied by Mr. John Hughes, President of the Brandermill Community Association, and members of her family, and expressed appreciation for her contributions to the development of the County. Ms. Newill expressed appreciation to the Board for the recognition and to County staff for their commitment. 15.H. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 15.H.1. ROBERT BRYAN MCKINLEY, TROOP 829 Mr. Hammer introduced Mr. McKinley, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and 99-412 4/2s/99 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 Bryan McKinley, Jr., Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long- sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, 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 Bryan McKinley, Jr. and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Barber presented the executed resolution and patch to Mr. McKinley, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. McKinley expressed appreciation to the Board for the recognition and also to his parents, Scoutmaster and fellow Scouts for their support. 15.H.2. NEAL THOMAS BURNS, TROOP 829 Mr. Hammer introduced Mr. Burns, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and 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 99-413 spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Neal Thomas Burns, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Neal 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. Neal Thomas Burns and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHate. Nays: None. Mr. Warren presented the executed resolution and patch to Mr. Burns, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. Mr. Burns expressed appreciation to the Board for the recognition and also to his parents, Scoutmaster and fellow Scouts for their support. 16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 99SN0164 In Bermuda Magisterial District, FRIDLEY'S WELDING SERVICE requested rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5) . Expansion of a welding service is planned. However, with approval of this request, other C-5 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 0.7 acre fronting approximately 100 feet on the west line of Jefferson Davis Highway, approximately 50 feet south of Gayland Avenue. Tax ID 791-677-3297, 3392 and 4695 (Sheet 23). 99-414 4/28/99 Mr. Jacobson stated that Mr. McHale has requested a deferral to June 23, 1999. Mr. McHale stated that he has spoken with the applicant's representative, Mr. Dean Hawkins, and that the recommendation for a deferral is acceptable. There was no opposition to the deferral present. On motion of Mr. McHale, seconded by Mr. Barber, the Board deferred Case 99SN0164 until June 23, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 98SN0283 In Midlothian Magisterial District, RIVERSIDE HEALTHCARE ASSOC., INC. requested amendment to Conditional Use Planned Development (Case 85S148) and amendment of zoning district map to permit a physical therapy clinic, exceptions of freestanding sign limitations and parking requirements and additional outdoor recreational facilities. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies in a Residential (R-40) District on 14.8 acres known as 11621 Robious Road. Tax ID 738-714-6361 (Sheet 2). Mr. Jacobson presented a summary of Case 98SN0283 and stated that Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. He noted that the request conforms to the Northern Area Land Use and Transportation Plan. Dr. Carrie Wing, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. Warren, the Board approved Case 98SN0283 subject to the following conditions: The plan entitled Riverside Wellness and Fitness Center - Briarwood, prepared by Planning Development Engineering and dated June 12, 1998, shall be considered the Master Plan. (P) (NOTE: This condition supersedes Condition 1 of Case 85S148) Freestanding signage shall conform to the requirements of the Zoning Ordinance for freestanding signs in Corporate Office (0-2) Districts. (P) 99-415 4/28/99 The eighty-four (84) foot setback depicted on the Master Plan, between the "Proposed Court Addition" and the western property boundary, shall be landscaped in accordance with Section 19-522 (a) (4) of the Zoning Ordinance. The area between the existing volleyball and basketball courts and the western and southern property boundaries west and south and adjacent to the courts shall be landscaped in accordance with Section 19-522 (a) (4) of the Zoning Ordinance (P) The architectural treatment of any new building addition shall conform to Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance. (P) 0 A sixty-five (65) parking space exception to the sixty- five (65) parking space requirement, to accommodate the proposed 5,000 square foot building addition, the additional tennis court, and the existing volleyball and basketball courts, shall be granted provided that land area, of sufficient size, location and configuration to provide for an additional sixty-five (65) parking spaces, is preserved on-site. Alternatively, all or part of these spaces shall be provided off-site subject to Section 19-509 (b) of the Zoning Ordinance. At the time of site plan submission for any new improvements, the location and design of this potential additional parking shall be submitted to the Planning Department for review and approval. The additional parking shall be provided within 180 days of notification by the Planning Department that additional parking is required, as determined by the Planning Department, unless the Planning Department agrees to an extension of the 180 day period. (P) o Access to Murray Hill Drive shall be limited to service vehicles only. The access driveway shall be secured to preclude general public access via Murray Hill Drive in a manner acceptable to the Planning Department. (NOTE: These conditions supersede all previously imposed conditions imposed for Cases 68-37C, 74S159, 77S173 and 79S171.) And, further, the Board accepted the following proffered conditions: The Owner/Developer shall be responsible for notifying, in writing, of the submission of site plans to the following: (i) the last known contact/representative on file with the County Planning Department for the Briarwood Civic Association; and (ii) the last known president or representative on file with the County Planning Department for the Briarwood Hearth Condominium Association. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the plan. The Owner/Developer shall provide a copy of the notification letter to the 4/28/99 99-416 Planning Department. The ~proposed court addition" depicted on the Master Plan shall not be lighted. With the exception of security lighting, outdoor lighting for all other facilities shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m. Further, any new lighting or any lighting improvements shall conform to Section 19- 753 of the Zoning Ordinance. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0225 In Matoaca Magisterial District, TRITON PCS, INC. (LARRY HORTON) requests Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. A 199 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre. This request lies on 17.0 acres fronting approximately 300 feet on the east line of Claypoint Road, also fronting in two (2) places for approximately 730 feet on the north line of Route 288 and located in the northeast quadrant of the intersection of these roads. Tax ID 743-674-7086 (Sheet 21) . Mr. Jacobson presented a summary of Case 99SN0225 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. Brennen Keene, representing the applicant, stated that the recommendation is acceptable. He recognized Mr. Bill Tresler and Ms. Brenda Tresler, property owners, who were present at the meeting. There was no opposition present. On motio~ of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0225 subject to the following conditions: The tower shall be located in the area as generally depicted on the plan entitled Tresler Rawland RI-1-092E, prepared by Atlantis Group, Inc. and dated January 7, 1999. (P) There shall be no signs permitted to identify this use. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be 99-417 4/28/99 o o 0 o submitted to the Planning Department for approval in conjunction with final site plan review. (P) In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (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 grey or another neutral color, acceptable to the Planning Department. b o The tower shall not be lighted unless lighting is required by 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. The tower shall be of a monopole design. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 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) 99-41.8 (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.) 10. A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Except for access and utilities, which may be extended generally perpendicular through this buffer, existing healthy trees having a minimum caliper of 2.5 inches within this buffer shall be preserved and maintained. These trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way. Additional plantings shall consist of trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for approval. (P) 11. 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) 12. In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation shall be granted. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0228 In Matoaca Magisterial District, A. W. BENNETT COMPANY, INC. requested rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (0-2). A funeral home is planned; however, with approval of this request, other 0-2 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 7.0 acres fronting approximately 400 feet on the west ~ line of Winterpock Road across from McEnnally Road. Tax ID 722-669-5689,9672 and 723-669-1288 (Sheet 20). Mr. Jacobson presented a summary of Case 99SN0228 and stated that Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. 99-419 4/28/99 Mr. Chuck Rothenburg, representing the applicant, stated that the recommendation is acceptable. He introduced Mr. Charlie Moorehead, President of Bennett Funeral Home, who was present at the meeting. There was no opposition present. Mrs. Humphrey stated that she is inclined to have the investment and business communities look at historic Winterpock when designing their buildings and that she submitted to Mr. Rothenburg a picture of Eppington, a recognized Winterpock landmark, and requested that the proposed project stay within the purview of Eppington's architectural design. She indicated that the proffers addressed this concern. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 99SN0228 and accept the following proffered conditions: 1. Use Restrictions. The following uses shall be prohibited: Hotels; Post Offices; Museums; Messenger or telegraph services; Communication studios and/or stations; Telephone exchanges; and Libraries. Building Height. No building shall exceed two stories or forty-five (45) feet in height, whichever is less. o Utilities. The public water and waste water systems shall be utilized. o Site Plan and Elevations. Any building developed on the property shall be in substantial conformance with (i) the architectural appearance shown on elevations entitled "Exterior Elevations, Bennett Funeral Home," dated February 18, 1999, prepared by Timmons-Kelley Architects, attached hereto as Exhibit A and (ii) the conceptual plan entitled ~Bennett Funeral Home," dated March 3, 1999, prepared by Timmons attached hereto as Exhibit B. This condition shall not prohibit the relocation of the building and parking areas to address development conditions on the property. Dedication. Prior to any site plan approval, forty-five (45) feet of right of way on the west side of Winterpock Road, measured from the centerline of that part of Winterpock Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. If the final design for the widening of Winterpock Road requires additional right of way on the west side of Winterpock Road, the owner/developer shall dedicate, free and unrestricted, 4/28/99 99-420 o o 10. 11. to and for the benefit of Chesterfield County up to an additional thirty (30) feet of right of way along the entire property frontage on Winterpock Road. Access to Winterpock Road. No direct access shall be provided from the property to Winterpock Road. This condition may be modified or waived by the Transportation Department to permit one (1) access to Winterpock Road provided that (a) Winterpock Road has been widened to four (4) lanes along the property frontage, (b) adequate access spacing and road improvements, as determined by the Transportation Department, are provided, and (c) such access is located at the southern boundary line of the subject property. Access to Ashbrook Parkway Extended. Direct access from the property to Ashbrook Parkway Extended shall be limited to one (1) entrance/exit, generally located towards the western property line. The exact location of this access shall be approved by the Transportation Department. This condition may be modified or waived by the Transportation Department to permit one (1) additional access to Ashbrook Parkway Extended limited to right-in and right-out or right-out only access if adequate access spacing and road improvements, as determined by the Transportation Department, are provided. Ashbrook Parkway Extended Road Improvements. Prior to issuance of an occupancy permit for any use other than a funeral home, additional pavement shall be constructed along Ashbrook Parkway Extended at the approved access to provide left and right turn lanes based on Transportation Department standards. The owner/developer shall dedicate to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for these improvements. Construction Access. During the construction of the improvements on the property, construction access shall be limited to Ashbrook Parkway Extended. Signage. Any free-standing signs shall be ground- mounted monument style signs. Enhanced Landscaping. Perimeter Landscaping B (Option I) shall be required as a minimum standard for perimeter landscaping within the setback from Winterpock Road. At least twenty-five percent (25%) of the evergreen tree requirement for such standard shall be satisfied by planting southern magnolia trees (minimum of eight (8) feet in height at the time of planting) and at least twenty-five percent (25%) of the small deciduous tree requirement for such standard shall be satisfied by planting crape myrtles. 99-421 /28/s9 12. Severance. The unenforceability, elimination, revision or amendment or any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of any of the other proffers or the unaffected part of any such proffer. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0229 In Midlothian Magisterial District, SALISBURY CORPORATION, A VIRGINIA CORP. requested amendment to Conditional Use Planned Development (Case 87S064) and amendment of zoning district map. Specifically, the applicant proposes to limit the uses permitted in one tract to multi-family residential uses; reconfigure a second tract to allow light industrial and certain commercial uses; and modify the approved Master Plan accordingly. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies in Residential (R-9), Corporate Office (0-2) and Light Industrial (I-l) Districts on 64.5 acres fronting approximately 925 feet on the north line of Midlothian Turnpike, approximately 325 feet west of Wylderose Drive. Tax ID 729-718-Part of 1145 (Sheet 7). Mr. Jacobson presented a summary of Case 99SN0229 and stated that Planning Commission and staff recommend approval subject to conditions and acceptance of proffered conditions. Mr. Frank Cowan, representing the applicant, stated that the recommendation is acceptable. Ms. Amy Satterfield, representing Salisbury Homeowners Association, expressed appreciation to Mr. Will Shewmake, Midlothian District Planning Commissioner, for his efforts in addressing issues of the Association and stated that Salisbury is in favor of the proposed development, as proffered. There being no one else to address this issue, the public hearing was closed. Mr. Barber stated that this property had been zoned numerous years ago and that growth has made the zoning incompatible with the area. He further stated that, when the applicant came forward with the proposed changes, it provided an opportunity to address the deficiencies of the existing zoning and to make improvements. He stated that a previous case which proposed changes and was denied went to court and the County won. He further stated that a great investment of time and effort has been put forth by everyone involved and that both the neighborhood and the applicant are now comfortable with the proposed amendments. 99-422 4/28/99 Mr. Barber then made a motion, seconded by Mr. Warren, for the Board to approve Case 99SN0229 subject to the following conditions: The following conditions notwithstanding, the plan prepared by Charles C. Townes and Associates, P.C., dated March 10, 1999, titled Plan Exhibit A("the Plan") shall be considered the Master Plan for the request property only. (Note: This condition supersedes Condition 1 of Case 87S064 for the request property only. That part of Tracts A and B shown on the "Plan" continue to be subject to the overall conditions of zoning for Case 87S064.) Condition 22 of Case 87S064 shall not apply to Tract F as identified on "the Plan". (Note: This condition modifies Condition 22 of Case 87S064 for Tract F only.) And, further, conditions: the Board accepted the following proffered Uses. The uses permitted shall be limited to those uses permitted in the R-MF Multi Family Residential District as defined in Section 19-107 thru 19-108 of the Chesterfield County Zoning Ordinance as of the date of approval by the Board of Supervisors provided, however, that group homes shall not be permitted. Except as stated herein, development shall conform to the requirements of the zoning ordinance for R-MF Multi- Family Residential Districts. A maximum of 320 multi- family dwelling units plus said customary accessory uses, such as, but not necessarily limited to, leasing office, clubhouse, recreational facilities, garages, shall be permitted. Those uses permitted in the Residential (R-9) District shall not be permitted. Each dwelling unit shall have a minimum of 740 square feet of gross floor area; provided, however that no more than 128 of the dwelling units may contain less than 900 square feet of gross floor area. Setbacks. Unless otherwise required by governmental agencies having jurisdiction over the subject property, all buildings, driveways and parking areas shall be setback a minimum of one hundred (100) feet from the western and southern lines of Michaux Creek, Section D as shown on the master plan dated March 10, 1999, prepared by Charles C. Townes & Associates, titled Plan Exhibit A ("the Plan"). Landscaping/Buffers/Fencing. A fifty (50) foot buffer shall be provided adjacent to Michaux Creek, Section D, as shown on the plan. This buffer shall comply with the requirements of Sections 19.520, 19.521(a) through (h) 99-423 4/28/99 and 19.522<2). Landscaping as described in either Option I or Option II below shall be provided within the remaining portion of the 100 foot setback referred to in Proffered Condition 2. OPTIONS: (a) Option I: (i) At least one large, deciduous tree for each fifty (50) lineal feet and at least one evergreen tree for each thirty (30) lineal feet; (ii) at least one small deciduous tree for each fifty (50) lineal feet; (iii) at least one medium shrub for each fifteen (15) lineal feet; and (iv) low shrubs and ground cover reasonably dispersed throughout. (b) Option II: (i) a minimum three-foot high undulating berm; (ii) at least one small deciduous tree for each fifty (50) lineal feet and at least one evergreen tree for each fifty (50) lineal feet; (iii) at least one medium shrub for each twenty (20) lineal feet; and (iv) low shrubs and ground cover reasonably dispersed throughout. B. Landscape plantings shall be provided around buildings. The landscape plan shall be approved by the Planning Department. For each respective building, landscaping as shown on the approved plan shall be bonded or installed prior to issuance of a clear certificate of occupancy for such building. DEFINITIONS: (a) Small deciduous trees shall be of a species having an average minimum mature crown spread of greater than twelve (12) feet. At the time of planting, a minimum caliper of at least one and one-half (1 ~) inches shall be required. (b) Large deciduous trees shall be of a species having an average minimum mature crown spread of greater than thirty (30) feet. At the time of planting, a minimum caliper of at least two and one-half (2 ~) inches shall be required. (c) Evergreen trees shall have a minimum height of five (5) feet at the time of planting. (d) Medium shrubs shall have a minimum height of two (2) feet at the time of planting. At the option of the owner/developer, landscaping may be added. additional Co A fence having a minimum height of six (6) feet shall be installed along the eastern boundary from proposed N. Otterdale Road southward to the 4/28/99 99-424 o southern boundary of Tract F. This fence may be installed within the 100 foot setback as shown on the Plan. Openings in the fence to accommodate the construction of accesses outlined in Proffered Conditions 15 and 16 shall be permitted. From the northern terminus of the six (6) foot fence, generally parallel to the south right of way line of proposed N. Otterdale Road to the permanent single "boulevard" entrance to/from proposed N. Otterdale Road as outlined in Proffered Condition 16, an ornamental fence shall be installed. The exact location and treatment of this fence shall be approved by the Planning Department at the time of site plan review. Architecture. (a). Multi-Family Dwelling Unit Building Architecture. The architectural elements (e.g., pitched roofs, horizontal siding and front elevation brick accents) of the multi- family dwelling unit buildings constructed on the subject property shall be similar to the architectural elements shown on the elevations dated April 1, 1999, prepared by Cline-Davis Architects, attached hereto as Exhibit B, Exhibit C and Exhibit D. Each exterior side of a multi- family building shall incorporate a combination of brick and siding provided that, the total surface area (excluding breezeways, doors, windows and similar common area passageways and openings) of each building shall incorporate no less than 1 part brick for every 2 parts siding. Design of the buildings shall incorporate creative use of design elements such as balconies and/or terraces, sculptural or textural relief of facades, varied roof lines and other appurtenances. The color of the brick shall be a shade of red. (b). Clubhouse Architecture. The architectural elements, including color and materials, of any clubhouse shall be compatible with the architectural elements of the multi- family unit buildings. Maintenance. The owner shall maintain buildings/grounds to insure a quality appearance. the No structure shall exceed a height of three (3) stories above ground level on any side of any building. Water Feature. A pond will be located generally as shown on the Plan. The pond shall include a fountain if permitted by applicable governmental regulations. The pond shall be designed as a wet pond and shall incorporate landscaping around its perimeter. Unless otherwise desired by the owner or developer of the subject property, (a) the size of the pond shall not be greater than that required to satisfy the storm-water retention capacity for which the pond is designed by the owner or developer, and 99-425 4/28/99 10. 11. (b) the landscaping referred to above shall consist of the landscaping described in Proffered Condition 3 (either Option I or Option II). The circumference of the pond measured at its designed normal water surface level shall be the length of the pond for determining the amount of landscaping required. Open Area. Unless otherwise required by governmental agencies having jurisdiction over the subject property, (a) there shall be no signs, buildings, driveways or parking areas north of the right-of-way line of Proposed N. Otterdale Road in the location shown on the Plan, and (b) there shall be no signs {except traffic control signs and directional signs), buildings or parking areas within the area north of the proposed pond identified as "View Protection Area" on the Plan. N. Otterdale Road Landscaping. Berming and landscaping so as to minimize the view of buildings, driveways and parking areas, shall be provided north and northeast of the northern right of way line of Proposed N. Otterdale Road as shown on the Plan subject to governmental regulations. The owner/developer shall not modify the location of N. Otterdale Road as shown on the Plan when requesting site plan approval unless required by a governmental agency. The foregoing berming and landscaping shall be provided in conjunction with the first phase of development. The exact treatment of the berming and landscaping shall be approved by the Planning Department at the time of site plan review, provided that such landscaping and berming shall not exceed the following standard unless otherwise requested by the owner or developer and approved by the Planning Department: (i) a three (3) to five (5) foot high berm having a maximum slope of 3:1, provided that a five (5) foot high berm having a maximum side slope of 3 to 1 be installed wherever it is possible without encroaching into the existing sanitary sewer easement, wetlands, or RPA area; (ii) at least one small deciduous tree for each fifty (50) lineal feet and at least one evergreen tree for each fifty (50) lineal feet; (iii) at least one medium shrub for each twenty (20) lineal feet; and (iv) low shrubs and ground cover reasonably dispersed throughout. Central Trash Facility. Except for dumpsters and garbage cans serving construction, no dumpsters or garbage cans shall be permitted outside of buildings, except for trash receptacles placed in common areas and recreational areas for the use and convenience of persons using such areas. Ail trash disposal from multi-family dwelling units shall be by way of a central trash compacting facility which shall be located south of Line A shown on the Plan. Recreational Facilities. An area or areas located within the development shall be provided for resident recreation. This area(s) shall include as a minimum a swimming pool and a clubhouse. The clubhouse shall have a minimum of 4/28/99 99-426 12. 13. 14. 15. 16. 3000 gross square feet of which a maximum of 50 per cent shall be devoted solely to offices for management/leasing/business purposes. Any tennis courts shall be located south of Line A and west of Line B as shown on the Plan. With the exception of swimming pools, a clubhouse and customary accessory uses to a pool and clubhouse (including, by way of example and not limitation, hot tubs, shuffleboard courts, etc.), all exterior recreational facilities shall be located at least two hundred (200) feet from the western boundary line of Michaux Creek, Section D. (Note: This condition supersedes in its entirety section 19-111(i) of the Chesterfield County Zoning Ordinance.) Lighting. Exterior lighting shall be arranged and installed so that the direct or reflected illumination does not exceed five-tenths <0.5) foot candle above background, measured at the boundary lines of the subject property formed by Michaux Creek, and the western boundary line of Michaux Creek Section D. Except for tennis courts, free-standing light poles shall not exceed fifteen (15) feet measured from ground elevation to fixture mounting height. Tennis court lighting shall not exceed twenty-five (25) feet measured from ground elevation to fixture mounting height. RV and Boat Parking. An area shall be designed and provided for the parking and storage of recreational vehicles and boats and such area shall be located south of Line A shown on the Plan. Unit Requirements. Living rooms and bedrooms of the dwelling units shall have ceiling heights of approximately nine (9) feet, but in no event less than 8.5 feet, except to the extent necessary to accommodate mechanical equipment, ductwork and similar improvements, and design features (e.g., vaulted ceilings) or as may be required by a governmental agency exercising jurisdiction over the project. Each multi-family dwelling unit shall include hook-ups for clothes washers and dryers. Construction Access. A construction entrance shall be provided south of the intersection of N. Otterdale Road and Wyldrose Drive at a distance of at least 300 feet to the southwest of this intersection. Heavy construction equipment shall utilize such access to and from Tract F until such time that the 320 dwelling units receive their first clear certificates of occupancy. Heavy construction vehicles shall be defined as any commercial vehicle exceeding 4,000 pounds net weight and having more than two axles. Permanent Accesses. Two permanent accesses shall be provided to Tract F. These accesses shall be limited to a single "boulevard" entrance to/from proposed N. Otterdale Road north of the intersection of N. Otterdale 99-427 4/28/99 17. 18. 19. 20. Road and Michaux Bluff Drive within the area shown on ~the Plan" and a single entrance south of the intersection of N. Otterdale Road and Wyldrose Drive at a distance of at least 300 feet to the southwest of this intersection. The single ~boulevard" entrance shall be designed to minimize the focusing of headlights onto adjacent residential dwellings from vehicles as they exit the site. This requirement shall be measured at the point the vehicle stops prior to entering the N. Otterdale Road right of way. Such accesses shall allow for the full development and issuance of clear certificates of occupancy of all 320 dwelling units, leasing office and other accessory uses, buildings and structures within Tract F. Until a permanent second access is provided, the construction access, as defined in Proffered Condition 15, shall be sufficient to satisfy the second entrance requirement for the purposes of life and safety issues, however, in no event shall more than 296 certificates of occupancy (clear, temporary or otherwise) for dwelling units be issued until the permanent second access is constructed. In any case, the permanent access south of the intersection of N. Otterdale Road and Wyldrose Drive shall be constructed within two years of the date of the issuance of the first clear certificate of occupancy for Tract F. (Note: This condition supersedes in its entirety section 19-111. (h) of the Chesterfield County Zoning Ordinance. Phasing. No land disturbance shall commence on Tract F until March 1, 2000. Occupancy permits(clear, temporary or otherwise) shall not be issued on more than 96 dwelling units prior to January 1, 2001. Sidewalks. Sidewalks shall be provided to facilitate pedestrian movements from buildings entrance(s) to the parking area(s) which serve the building(s) and along the edge of parking bays located in front of the building(s). Further, a pedestrian all weather trail system shall be constructed to facilitate pedestrian movements from buildings to the recreation area(s). (Note: This condition supersedes in its entirety section 19-111. (f) of the Chesterfield County Zoning Ordinance.) Drainage. No drainage from Tract F shall be directed toward the existing SWM/BMP situated on GPIN 7217123157 in Michaux Creek, Section D. The owner/developer shall be responsible for notifying, in writing, of the submission of site plan(s) to Chesterfield County to the last known president or representative on file with the Chesterfield County Planning Department for the civic associations of Salisbury and Michaux Creek Subdivisions. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the site plan(s). The owner/developer shall provide a 99-428 copy of the notification letter(s) Department. to the Planning Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0231 In Matoaca Magisterial District, CHESTERFIELD COUNTY UTILITIES DEPARTMENT requested Conditional Use and amendment of zoning district map to permit an above-ground utility structure (water pump station) in a Residential (R-15) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots. This request lies on 0.3 acre fronting approximately 80 feet on the north line of Nash Road, approximately 4,500 feet west of Beach Road. Tax ID 764-656-Part of 1342 (Sheet 31). Mr. Jacobson presented a summary of Case 99SN0231 and stated that Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the Southern and Western Area Plan. Mr. David Knapp, representing the applicant, stated that the recommendation is acceptable. Ms. Mary Ellis, representing Mr. E. J. DesChamps, property owner, requested a deferral to allow time to coordinate with the Planning Commission due to a right of way issue. Mr. Micas stated that, after completion of a title search, it has been determined that Mr. DesChamps has no property interest in the subject parcel; and, therefore, it is the County Attorney's recommendation that the Board consider the proposed zoning request. Mr. Daniel requested that Mr. Micas provide Ms. Ellis with a title certificate of the subject property. When asked, Mr. Bryant stated that the pump station has been proposed primarily to meet the current need of area residents, but would also serve future development in the area. There being no one else to address this issue, the public hearing was closed. Mrs. Humphrey requested that Mr. Micas meet with Ms. Ellis to address the right of way issue. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 99SN0231 subject to the following conditions: With the exception of the hydroneumatic tank, all other mechanical equipment shall be enclosed by a masonry 4/28/99 99-429 structure having a residential appearance and design, as depicted on the elevations entitled Nash Road Booster Pump Station, prepared by R. Stuart Royer & Associates, Inc. The primary exterior materials shall consist of brick or similar material having a brick appearance. The hydroneumatic tank depicted on the referenced plan shall be screened from adjoining properties and public rights of way. The perimeter of the building shall be landscaped so as to create a residential appearance. The exact treatment of the facility, screening and landscaping shall be approved by the Planning Department. (P) o Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust or tracking problems and to provide ease of ingress and egress. (P) o Prior to any site plan approval, forty-five (45) feet of right of way on the west side of Nash Road, measured from the centerline of that part of Nash Road immediately adjacent to the property, shall be recorded. (T) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0234 In Bermuda Magisterial District, CHESTERFIELD COUNTY PLANNING COMMISSION (ROBERT EANES) 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 400 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 general industrial use. This request lies on 0.23 acre lying approximately 4,800 feet off the west line of Jefferson Davis Highway, approximately 2,000 feet north of Kingsland Road. Tax ID 787- 679-Part of 6176 (Sheet 23). Mr. Jacobson presented a summary of Case 99SN0234 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 Mr. McHale, seconded by Mr. Warren, the Board approved Case 99SN0234 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 99-430 o submitted to the Planning Department for approval in conjunction with final site plan review. (P) In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer 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 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 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 their 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. The tower shall not be lighted unless lighting is 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) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-603 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) 99-431 4/28/99 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) o In conjunction with the approval of this request, a 250 foot exception to the 150 foot height limitation for communications towers in Agricultural (A) Districts shall be granted. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Eanes expressed appreciation to Jefferson Davis Corridor Associates, the Bensley Civic Association, and Admiral Daniel Stone and his public safety staff at the Defense Supply Center for their assistance towards the zoning request. 18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 99SN0190 In Dale Magisterial District, CHESTERFIELD POLICE AND CHESTERFIELD FIRE requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower in an Agricultural (A) District. A 72 foot communications tower is planned. However, with approval of this request, a communications tower up to 150 feet in height would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for human services use. This request lies on 12.0 acres known as 9900 Krause Road. Tax ID 772-663-Part of 9929 (Sheet 31). Mr. Jacobson presented a summary of Case 99SN0190 and stated that staff originally recommended approval subject to the tower being architecturally incorporated within the Public Safety Training Center due to public exposure from the roadway. He further stated that Planning Commission recommends approval without including the architectural requirement recommended by staff; but, rather, subject to acceptance of ten proffered conditions which would allow a freestanding tower based on it being a public safety communications system tower and the setbacks and vegetation on the east side of the property provide appropriate screening from the residential area to the east. He noted that the proposed request conforms to the siting criteria for towers. There was no opposition present. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board approved Case 99SN0190 and accepted the following proffered conditions: 99-432 4/28/99 o o The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and any property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or structures from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval prior to release of a building permit. In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. If FAA approval is required, a copy of FAA approval shall be submitted to the Planning Department prior to the release of a building permit. The owner/developer of equipment that is not part of the County system shall be responsible for designing and installing their equipment so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, 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 tower-mounted equipment. Prior to release of a building permit, the study, if required shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. The 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 their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. 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 is 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. Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease 4128199 99-433 of ingress and egress. o Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (NOTE: This condition would require the screening of mechanical equipment located on the building or ground level from adjacent properties and public rights of way. Screening would not be required of the tower or tower- mounted equipment.) o At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. 9. There shall be no signs permitted to identify this use. 10. The tower shall only be permitted if necessary to accommodate communications for the County's Public Safety Trunked System and shall have a maximum height necessary to accommodate such communications provided, however, that the height shall not exceed seventy-two (72) feet. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0203 In Dale Magisterial District, TRITON PCS INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in a Residential Townhouse (R-TH) District. A 100 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 light industrial use. This request lies on 3.5 acres fronting approximately 12 feet on the north line of Courthouse Road across from Fallow Drive. Tax ID 767-666-Part of 7026 (Sheet 22). Mr. Jacobson presented a summary of Case 99SN0203 and stated that staff recommends approval based on the tower's location meeting the siting criteria adopted by the Planning Commission and Board. He stated that the developer proposes flush-mounted antennas and noted that, while the property is zoned R-TH and due to the existince of wetlands, it is very unlikely that the subject property would be developed for residential use. He further stated that Planning Commission recommends approval subject to conditions and acceptance of one proffered condition. Mr. A1 Cooper, representing the Deerfield Civic Association, 4/28/99 99-434 stated that the issues of the Civic Association have been satisfied and that the Association now supports the proposed tower. There being no one else to address this issue, the public hearing was closed. Mr. Daniel requested that Mr. Jacobson respond to a letter from Ukrop's Super Markets in opposition to the proposed tower. Mr. Daniel then made a motion for the Board to approve Case 99SN0203 subject to conditions and acceptance of one proffered condition. Mrs. Humphrey expressed appreciation to the Deerfield Civic Association for hosting two meetings with the applicant and representatives of Ukrop's to discuss issues relating to the tower. Mrs. Humphrey then seconded Mr. Daniel's motion. Mr. Daniel called for a vote on the motion made by him, and seconded by Mrs. Humphrey, for the Board to approve Case 99SN0203 subject to the following conditions: There shall be no signs permitted to identify this use. (P) o The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) o The tower and equipment ~hall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 4/28/99 99-435 o With the exception of the tower and antennas or other tower-mounted equipment, any building and/or mechanical equipment shall comply with Sections 19-590 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechan±cal equipment. (P) (Note: This condition would require screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) 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) o A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Except for access and utilities, which may be extended generally perpendicular through this buffer, existing healthy trees having a minimum caliper of 2.5 inches or greater within this buffer shall be preserved and maintained. These trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way. Additional plantings shall consist of trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for approval. (P) 0 In conjunction with the approval of this request, a fifty (50) foot exception to the fifty (50) foot height limitation for towers in Residential-Townhouse (R-TH) Districts shall be granted. (P) And, further, the Board accepted the following proffered condition: The treatment, color, lighting system and design of the tower shall be as follows: a) The tower shall be grey or another neutral color, acceptable to the Planning Department. b) The tower shall not be lighted unless lighting is required by FAA. If lighted, tower lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night-time hours shall be limited to soft blinking lights. c} The tower shall be of a monopole design. 99-436 ~/z8/99 (d) Antenna(s) on the tower, shall be limited to ~cluster mounted" or ~'flush mounted" antenna(s) as depicted on the plan entitled "Flush Mounted Antennae" and dated February 4, 1999, or whip antenna(s). (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0257 In Matoaca Magisterial District, TRITON PCS, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. A 199 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 10.0 acres fronting approximately 98 feet on the north line of Genito Road, approximately 2,300 feet west of Weatherbury Place. Tax ID 709-689-Part of 3444 (Sheet 12). Mr. Jacobson presented a summary of Case 99SN0257 and stated that, following the Planning Commission's review of a tower site closer to Genito Road, the applicant submitted this application to locate the tower farther away from Genito Road and residences to the south. He stated that Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the siting criteria for towers. Mr. Brennen Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. Mrs. Humphrey recognized the landowner, Mr. Goode, who was present at the meeting. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0257 subject to the following conditions: There shall be no signs permitted to identify this use. (p) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) o In conjunction with site plan submission, the owner/developer shall submit documentation as to whether FAA approval is required for the erection of the tower. 99-437 4/28/99 o o o o If FAA approval is required, prior to release of a building permit, a copy of FAA approval shall be submitted to the Planning Department. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon 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 grey or another neutral color, acceptable to the Planning Department. The tower shall not be lighted unless lighting is required by 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) c. The tower shall be of'a monopole design. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 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.) 4/28/99 99-438 A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Except for access and utilities, which may be extended generally perpendicular through this buffer, existing healthy trees having a minimum caliper of 2.5 inches within this buffer shall be preserved and maintained. These trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way. Additional plantings shall consist of trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for approval. (P) 10. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) 11. In conjunction with the approval of this request, a forty- nine (49) foot exception to the 150 foot height limitation shall be granted. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHate. Nays: None. 99SN0215 In Matoaca Magisterial District, LARRY HORTON, TRITON PCS, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower with height exception in an Agricultural (A) District. A 199 foot communications tower is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 5 acres fronting approximately 20 feet on the north line of Genito Road, approximately 2,300 feet west of Weatherbury Place. Tax ID 709-689-Part of 3444 (Sheet 12). Mr. Jacobson stated that, based upon the Board's approval of Case 99SN0203, the applicant has withdrawn Case 99SN0215. Mr. Brennen Keene, representing the applicant, requested that the Board accept the withdrawal. There was no opposition to the withdrawal present. 99-439 4/28/99 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board accepted withdrawal of Case 99SN0215. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel requested a five minute recess. Reconvening: 17, PUBLIC HEARINGS 17.A. TO CONSIDER FY2000 THROUGH FY2005 SECONDARY ROAD SIX-YEAR IMPROVEMENT PLAN; FY2000 SECONDARY ROAD IMPROVEMENT BUDGET; AND CHESTERFIELD ROAD FUND AND SURFACE TRANSPORTATION PROGRAM FUND PROJECT DEVELOPMENT SCHEDULES . Mr. McCracken recognized Mr. Jim Smith, Resident Engineer, and · Ms. Barbara Smith, Assistant Resident Engineer, with the Virginia Department of Transportation (VDOT) , and Mr. Stan Newcomb, Principal Engineer with the County's Transportation Department, and expressed appreciation for their efforts towards the Six-Year Plan. He stated that this date and time has been advertised for a public hearing to consider the FY2000 through FY2005 Secondary Road Six-Year Improvement Plan; the FY2000 Secondary Road Improvement Budget; and the Chesterfield Road Fund and Surface Transportation Program Fund Project Development Schedules. He further stated that three new projects have been added to the Plan this year including Old Bon Air Road; Old Buckingham Road; and Kingsland Road. Mr. Richard Page, a resident of Rayanne Drive, requested that the Board take action to provide for improvements to the roads in Surreywood Subdivision. There was brief discussion relative to a cost estimate for road improvements in Surreywood. Ms. JoAnn Smith Johnson presented the Board with a letter which addresses her situation and a map of the area of Genito Road that is proposed to be widened and expressed concerns relative to fair payment for property needed for the road widening and the length of time VDOT takes to negotiate with property owners in acquiring property for road improvements. Mr. Daniel requested that Mr. Ramsey contact Ms. Johnson in an effort to coordinate her redress with VDOT. Mrs. Humphrey stated that she will attend any meeting scheduled to review Ms. Johnson's information. Mr. Roger Medlock, representing the residents of Millside, recognized approximately thirty residents of Millside who were present at the meeting. He expressed concerns relative to the 99-440 4/28/99 need for an additional access road to Millside. He presented statistics relative to accidents involving trains and stated that, on June 30, 1998, a fire occurred at the Pine Forest Railroad Crossing. He stated that VDOT employees have lost a great deal of man hours due to long waits at the Pine Forest Crossing. He presented statistics relative to the number of trains that come through the Pine Forest Crossing daily and stated that, accordinH to the CSX Railroad, when the railroad merger becomes effective on June 1, 1999, the track at Millside will become the 1-95 of railroading. He requested that the Board and VDOT jointly correct the access situation and stated that he feels landowners will donate a right of way for an additional access. He stated that natural gas lines present another hazard in Millside and expressed concerns relative to the condition of the aged gas lines. He further stated that, on May 13, 1992, the Board voted to build an emergency access road running along the railroad track to Woods End Road and that the road was completed in October 1996. He stated that Millside residents have contended from the inception of the idea, that the emergency access road was completely unsatisfactory. He further stated that he informed the Board on October 8, 1997 that residents were having difficulty entering and exiting Millside due to blockage of the CSX Railroad Crossing at Pine Forest and that the Board indicated that the problem would be remedied. He referenced a notice received by Millside residents from VDOT, that was presented to the Board for viewing, relative to VDOT's closing of the Pine Forest Crossing for repairs by CSX Railroad during certain hours on April 19 and 25, 1999 and stated that Millside residents were denied access to their homes from both gates, even after the police were called. He requested that the Board correct the problem of ingress and egress to Millside. Ms. Ann Casbeer, a resident of Millside, presented the Board with several situations in which the Pine Forest Railroad Crossing had been blocked and she was unable to gain access to or from her home. She stated that, on one occasion, she went to Bensley-Bermuda Rescue Squad and asked how to gain access into Millside since it was blocked at Pine Forest, and that she was told by Rescue Squad personnel that there was no other access to Millside. She further stated that, at this point, she contacted the Police Department, and was given the same information. She referenced the notice received from VDOT relative to closing of the Pine Forest Crossing and described her attempts to leave and enter Millside during the time of closing and the obstacles she incurred. She expressed concerns relative to the natural gas pipeline running under the railroad track and through Millside and stated that, in case of a pipeline explosion or fire, 75% of the Millside residents could not escape. She requested that the Board provide a second exit for the residents of Millside and stated that the locked emergency road is not sufficient. Ms. Christy Melton, a resident of Old Buckingham Road, expressed concerns relative to safety on Old Buckingham Road and requested that the Board and VDOT address these concerns earlier than 2007. 4/2s/99 99-441 Mr. Paul Germain, a resident of Old Buckingham Road, expressed concerns relative to the number of accidents occurring in the area of the bridge on Old Buckingham Road. He requested that the Board address the safety problems on Old Buckingham Road before 2007. Ms. Francella Joyner, a resident of Old Buckingham Road, expressed concerns relative to the number of accidents and the condition of Old Buckingham Road and stated that many residents are moving from the area due to the road conditions. She requested that the Board address the problems on Old Buckingham Road. There being no one else to address this issue, the public hearing was closed. Mr. Daniel requested that Mr. Ramsey schedule a meeting with VDOT officials and Mr. John Cogbill, Commonwealth Transportation Board Member, in an effort to provide another access for the residents of Millside. There was brief discussion relative to the necessity to postpone another project in order to move the Old Buckingham Road Project up on the priority list for funding. Mr. Daniel requested that Mr. Ramsey research the possibility for opportunities to expedite funding of road improvements on Old Buckingham Road. When asked, Mr. McCracken stated that an estimated cost for road improvements in Surreywood would be approximately $25,000 and $30,000 per mile and would encompass approximately twelve miles. Mr. Warren questioned the possibility of the Surreywood road improvements being dealt with through revenue sharing. Mr. McCracken stated that Mr. Jim Smith has agreed to take another look at Surreywood when VDOT prepares the annual planned mix overlay schedules and stated the possibility of revenue sharing funds could be discussed at this time. There was brief discussion relative to the advantage of adding Surreywood Road improvements to the Six-Year Plan. Mr. Barber requested that the Board be better informed relative to the schedule for resurfacing and improving specific roads. He questioned the similarity of costs for Old Bon Air and Old Buckingham Roads. Mr. McCracken stated that he feels a meeting with the Old Buckingham Road residents is necessary to determine the type of improvements that the residents will support. Mr. Barber requested that either the Old Bon Air Road Project be switched with the Old Buckingham Road Project in terms of projected dates for funding; or the bridges on the two roads be addressed without necessarily fulfilling either project in its 4128199 99-442 entirety. There was brief discussion relative to the hump on Old Buckingham Road. Mr. Smith stated that the hump will be addressed by VDOT within the next 30 to 45 days. Mr. Barber stated that the County has recently been given the distinction of being a pilot County for traffic calming measures. He further stated that a four-way stop might alleviate some of the speeding and danger issues on Old Buckingham Road. He requested that VDOT meet with Old Coach and Old Buckingham Road residents in an effort to address traffic calming issues. Mr. McCracken stated that the funding received for the Old Bon Air Road Project was supplemental funding above what is normally received because it was submitted as a safety improvement project He further stated that this may complicate the ability to switch funding of the two projects. Mr. Daniel stated that the County can meet its deadlines on approving an expenditure recommendation if the Board defers consideration of the Six Year Plan to May 25, 1999. He further stated that three issues need to be addressed including alternative approaches to Millside; options for changing funding of the Old Buckingham Road Project; and the possibility of using revenue sharing money to address issues raised by Surreywood residents. He questioned the Board's support on a motion to defer. Mrs. Humphrey stated that she would support a motion to defer. She requested additions in 2001 to the Six Year Plan including turn lanes in Woodlake at Millwood School and Village Parkway; paving of Rhodes Lane; turn lanes at Woolridge and Genito Roads; and paving of the dirt road side of Second Branch Road. She stated that she received a petition from residents on Otterdale Road expressing concerns and requesting that the Otterdale Road Widening Project not be addressed at this time and noted that objective has been met by the current Six Year Plan. She referenced a letter of support from Woodlake Homeowners Association and Hickory Grove residents relative to turning lanes at Millwood School. She expressed concerns relative to the issues raised by Millside residents and stated that, several years ago, the County negotiated a contract with DSC Logistics for an emergency access to Millside. She then questioned the reason for the issues raised by Millside residents. She requested that the Bensley-Bermuda Rescue Squad have a key to the gate and that the Fire Department provide information to public safety personnel reiative to access to Millside. She requested that Mr. McCracken reevaluate Millside for the possibility of dedicating right of way and stated that every option possible must be exercised. Mr. McHale stated that he has spoken with Mr. McCracken relative to Marobrith Road issues and that these issues may be 4/28/99 99-443 addressed through excess funding of the Centre Street Project. Mr. Daniel made a motion, seconded by Mr. Barber, for the Board to defer consideration of the FY2000 through FY2005 Secondary Road Six-Year Improvement Plan; FY2000 Secondary Road Improvement Budget; and Chesterfield Road Fund and Surface Transportation Program Fund Project Development Schedules until May 25, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 17 .B. TO CONSIDER AN ORDINANCE TO AMEAID THE CODE OF TEE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 17-2 RELATING TO THE DEFINITIONS OF FRONTAGE AND SUBDIVISION. Mr. Jacobson stated that, on November 12, 1998, the Board adopted new rules addressing road stripping in the rural areas of the County and that there have been difficulties in implementation within the private industry as well as for property owners buying lots and wanting to be issued building permits. He further stated that the Ordinance was referred back to the Planning Commission for consideration of changing the effective date. He stated that the Planning Commission recommends that the Board rescind the ordinance and readopt it with the effective date of July 1, 1999. He further stated that this time and date has been advertised for a public hearing to consider changing the effective date of the Ordinance. Dr. Robert Wheeler stated that he supports the recommendation to amend the Ordinance. Mr. Richard Minter, representing Ports, Minter and Associates, expressed concerns relative to parcels of land not being perfect rectangles and landowners not being notified of changes to the Subdivision Ordinance. He stated that he feels consideration of the ordinance should be deferred until the Planning Commission and Board have reviewed it further. Mr. John Dollins, a land developer in the County, referenced problems with developing the Barney Tract and expressed concerns relative to insufficient notification of the Subdivision Ordinance amendment. He requested that the Board change the effective date of the Ordinance to allow those property owners who are in the process of requesting a building permit to be granted their permits and cautioned the Board to be careful not to block other property owners from receiving building permits in the future. Mr. Barber stated that, when there is an issue that addresses development, the County attempts to notify the development community. He questioned how the County can better inform developers and citizens regarding issues that may affect them. 99-444 4/28/99 Mr. Dollins stated that the public hearing advertisements should be more detailed and should be placed in the Chesterfield Gazette as well as the Chesterfield Plus Section of the Richmond Times-Dispatch in order to be more informative to the public. There was brief discussion relative to various County departments being unaware of the newly adopted Subdivision Ordinance and to abuses of the old roadstripping rules which led to adoption of the amendment. Mrs. Humphrey referenced a situation in which two landowners circumvented the subdivision process using a community driveway and created flag lots. Mr. Lud Hudgins, a resident of the Matoaca District, stated that he feels poor communication relative to the Subdivision Ordinance amendment has been a problem. He requested a grace period for the effective date of the amendment without the requirement that a building permit be applied for. He suggested that a committee, consisting of engineers and County officials, be appointed in an effort to create better guidelines and avoid future abuses of the Subdivision Ordinance. There being no one else to address this issue, the public hearing was closed. Mr. Ramsey stated that the Subdivision Ordinance amendment was adopted in November, 1998 and that many people were caught in the time frame between purchasing property and recording the deed and, therefore, have been unable to obtain a building permit to build on their property. He further stated that the purpose of the Board action requested is to change the effective date of the amendment to allow these people to obtain building permits. He stated that staff recommends adoption of the July 1, 1999 effective date. There was brief discussion relative to changing the effective date from July 1, 1999. Mr. Micas stated that the Board could change the effective date up to December 31, 1999, or before the end of the term of the current Board. Mr. Barber stated that he has reservations about extending the effective date to December 31, 1999 and allowing further abuse of the Subdivision rules. Mrs. Humphrey stated that she supports extending the effective date of the Subdivision Ordinance amendment to December 31, 1999 to al. low existing landowners with a well and a septic field to obtain a building permit and also to refer the amendment back to the Planning Commission to give landowners a voice in the decision making. Mr. Warren stated that he would support Humphrey. 99-445 a motion of Mrs. 4/28/99 Mr. McHale expressed concerns relative to the possibility of further abuse of the Subdivision rules if the effective date is delayed until December 31, 1999. Mr. Barber stated that the original suggestion was to rescind the amendment for a brief time and then reestablish it in an effort to grandfather the people who were caught in the process of obtaining a building permit. He further stated that the Planning Commission recommended the effective date of July 1, 1999 and questioned how much of a window the Board wants to open for possible abuse of the roadstripping rules by delaying the effective date. Mr. Jacobson stated that, once the effective date is adopted, building permits will be issued to people who propose to build on lots complying with the rules in effect on the date the lot was recorded. Mr. Ramsey clarified that any lot recorded prior to the date established by the Board is grandfathered under the old Subdivision Ordinance standards. Mrs. Humphrey suggested that the Board adopt the amendment with an effective date of July 1, 1999 to allow existing landowners with a septic field and a well to purchase their building permit and agree to send the amendment back to the Planning Commission for reevaluation. Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to adopt the following ordinance with an effective date of July 1, 1999: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 17-2 RELATING TO THE DEFINITIONS OF FRONTAGE AND SUBDIVISION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-2 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 17-2. Definitions. In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise: o o o Frontage: The continuous length of the property line of any lot, lots, parcel or tract of land measured along a single public street, road or highway against which the land abuts. o o o 4/28/99 99-446 Subdivision: The division of any parcel of land for residential use, into two or more lots any one of which is less than five acres, or which has road frontage on which its access is located of less than 300 feet or 250 feet if an access shared by no more than two lots or parcels is used, or which does not maintain a minimum width of 300 feet, or 250 feet if an access shared by no more than two lots or parcels is used, fora depth of 1000 feet or that necessary to create a 5 acre parcel, for the purpose, either immediate or future, of transfer of ownership or development for residential use including condominium development. Granting or extinguishing easements, and divisions of land not directed at the creation of lots or parcels for sale resulting from augmented estates, creditor/mechanics' lien suits, condemnations, assignments, involuntary partitions, judicial sales, lien priorities, plats of confirmation and open space requirements shall not be considered an act of subdivision, as long as such division is not done for the purpose of circumventing this chapter. The term "subdivision" shall not include a single division of land into parcels where such division is for the purpose of a sale or gift to a member of the immediate family of the property owner including a partition of property owned by immediate family members. Only one such division shall be allowed per family member and shall not be for the purpose' of circumventing this chapter. For the purpose of this subsection, a member of the immediate family shall be defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent or parent of the owner. With respect to family subdivision all applicable requirements of the zoning ordinance shall be met and the proposed parcel shall conform to the design standards set forth in this chapter. (2) That this ordinance shall not become effective until July 1, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey then made a motion for the Board to send the Subdivision Ordinance amendment relative to definitions of frontage and subdivision back to the Plann±ng Commission for reevaluation including a full public hearing process. Mr. Barber seconded the motion made by Mrs. Humphrey. There was brief discussion relative to who was included in the development of the Subdivision Ordinance amendment and the process for notifiying property owners of proposed amendments. Mr. Daniel called for a vote on the motion of Mrs. Humphrey, seconded by Mr. Barber,'for the Board to send the Subdivision 99-447 4/28/99 Ordinance amendment relative to definitions of frontage and subdivision back to the Planning Commission for reevaluation. Ayes: Daniel, Warren, Barber, Humphrey, and McHaleo Nays: None. 17 .C. TO CONSIDER THE APPROPRIATI0~ OF FUNDS FOR THE CENTRE STREET PROJECT Mr. McCracken stated that this time and date has been advertised for a public hearing to consider the appropriation of funds for the Centre Street Project. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mr. Warren, the Board appropriated $610,000 in anticipated Virginia Department of Transportation reimbursements for the construction of the Centre Street Project. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 19. ADJOURNMENT After brief discussion, on motion of Mr. Barber, seconded 'by Mrs. Humphrey, the Board adjourned at t1:00 p.m. until May 25, 1999 at 3:30 p.m. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Lane B. County Admini st rat~or /28/9s 99 -448