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05-25-99 MinutesBOARD OF SUPERVISORS MINUTES May 25, 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 Dr. William Bosher, Jr. Supt., School Board Mr. Craig Bryant, Dir., Utilities Mr. N. E. Carmichael, Commissioner of Revenue Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Ms. Nancy Carter Crump, Dir., County Museum Ms. M~ry Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Mr. James Dunn, Acting Dir., Econ. Development 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 Donald Kappel, Dir., Public Affairs Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Paul D. Patten, Assessor Mr. Francis Pitaro, Dir., General Services 99-449 5/25/99 Ms. Sarah Snead, Dir., Social Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Daniel called the regularly scheduled meeting to order at 3:30 p.m. He stated that Chesterfield County was created on May 25, 1749 and that today is the 250th anniversary of the County. He read the Act of the House of Burgesses which created Chesterfield County from Henrico County and stated that, when the County was first formed, the colonies were still under English rule. He further stated that the area was remote, primarily agricultural and was governed in the early days by the House of Burgesses. He stated that more than two hundred years of leadership experience is represented at the meeting today and expressed appreciation to those involved in the planning of the County's 250th Anniversary Celebration. He stated that the County is rich in history and that the present Board can chart the course for which those who follow will judge the performance of elected officials as well as citizens. 1. APPROVAL OF MINUTES FOR APRIL 28, 1999 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of April 28, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Ms. Nancy Carter Crump, Director of the Historical Society. Ms. Crump stated that in March 1999 she visited the mayor of Chesterfield, England to present our County's flag to their city on behalf of the Board and the citizens of the County. She presented Mr. Daniel with a plate, featuring the pomegranate motif used on the English city's coat of arms, which was sent by the mayor as a gift from Chesterfield, England to the County. She was accompanied by Mr. Ian Sorley, a British actor who was portraying Lord Chesterfield. Mr. Daniel expressed appreciation to Ms. Crump for the plate and for her efforts towards capturing the County's history and also to Mr. Sorley for his visit to the County and attendance at the 250th Anniversary Celebration. 99-450 Mr. Sorley expressed appreciation for the hospitality that has been shown to him. Mr. Daniel presented Mr. Sorley with three gifts to return to the mayor of Chesterfield, England as a token of friendship and the knowledge of the County's heritage. Mr. Ramsey stated that today is being recognized as Model County Government Day and .that sixty students are participating in the program this year. He noted that each student will be shadowing a County official on May 27, 1999. He stated that this Program is designed to give high school government students a first hand look at County government. He further stated that this year's activity has been coordinated by the Extension Service 4-H Agent, in cooperation with Youth Services and the School's Social Studies Coordinator. He introduced Mr. Skip Todd, Extension 4-H Agent. Mr. Todd expressed appreciation to the Board for the opportunity to present the students from the Model County Government. He recognized Ms. Lee Chase, Instructional Specialist for Social Studies, K-12 and Ms. Jana Carter, Director of Youth Services, who were present at the meeting. The students came forward and stated their name, school and the County official they will be shadowing. 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. Warren, seconded by Mr. Barber, the Board moved Items 6., Work Session Regarding Outdoor Advertising (Billboards); Item 7.A., To Consider FY2000 Through FY2005 Secondary Road Six-Year Improvement Plan, FY2000 Secondary Road Improvement Budget, FY2000 Chesterfield Road Fund; FY1999 Supplemental Chesterfield Road Fund; FY2000 Through FY2005 Chesterfield Road Fund and Surface Transportation Program Fund Project Development Schedules, and Appropriation/Transfer of Funds; Item 7.B., To Consider the Zoning and Utilities Ordinance Amendments Relating to the Use of Public Water and Wastewater Facilities in The Route 288 Corridor Plan area; and Item 7.C., To Consider The Route 288 Corridor Plan 1. North of Route 60 and 2. South of Route 60 to follow Item 13., Pledge of Allegiance to the Flag of the United States of America; moved Item 8.C., Authorization to Rescind Deferral of Consideration of The Route 288 Corridor Plan South of Route 60 and Accompanying Ordinance Amendment so that the Plan and Mandatory Connection Ordinance Can be Considered on May 25, 1999 to follow Item 6., Work Session Regarding Outdoor Advertising 99-451 5/25/99 (Billboards); added Item 8.D.3.g., Acceptance of Parcel of Land Along East of Ruffin Mill Road from Oliver D. Rudy, Trustee; replaced Item 8.D.6.b., Set Public Hearing Date to Consider the Exercise of Eminent Domain for the Acquisition of Parcels of Land for the Expansion of Meadowbrook High School and Authorization to Enter and Take Such Property Prior to Eminent Domain Proceedings; added Item 8.D.7.d., Transfer of Three Cent Road Fund~ from Bermuda and Midlothian Districts to the Parks amd Recreation Department to Purchase Football Field Equipment for Carver Middle School; added Item 8.D.7.e., Transfer of Three Cent Road Funds from Dale District to the School Board to Purchase Various Equipment for the Meadowbrook J.R.O.T.C. Program; replaced Item 8.D.9., Award of Contract for the Jury Drive and Lori Road Relocated Project and Authorization to Purchase Lori Road Relocated Right of Way; added Item 8.D.14.e., Request for Permission for Old Stage, Incorporated to Have a Sign Encroach Within an Existing Water Easement; moved Item 8.D.22., Award of Contract to J. H. Martin and Transfer of Funds for the Ashton Creek Business Center Industrial Access Project to follow Item 16.L., Public Hearing to Consider an Ordinance Relating to Business License Fees; added Item 8.D.23., Approval of Designation of Conservation Easement Over a Portion of Ironbridge Park; added Item 8.D.24., Adoption of Resolution Recognizing Mrs. Frances Mann, Circuit Court Judges, Upon Her Retirement; replaced Item 16.H., Public Hearing to Consider the Exchange of Parcels of Land at the Proposed Watermill Development and, adopted the Agenda, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. PRESENTATION OF RESOLUTION FROM THE 1999 GENERAL ASSEMBLY Ms. Curtin introduced Senator Steve Martin and Delegates Jack Reid and Sam Nixon, members of the County's legislative delegation. The following resolution was adopted by the Senate and the House of Delegates, during the 1999 General Assembly session, commending the County on its 250th Anniversary: WHEREAS, the General Assembly (then the House of Burgesses) meeting in Williamsburg in 1749, during the reign of George II, provided for the creation of the County of Chesterfield; and WHEREAS, Chesterfield County was named in honor of Philip Dormer Stanhope, fourth Earl of Chesterfield; and WHEREAS, in 1607, Sir Christopher Newport explored the James and Appomattox Rivers in Chesterfield five days before the founding of the Jamestown settlement; and 99-452 5/25/99 WHEREAS, in 1611, the Citie of Henricus was established as the second permanent English settlement in the New World; and WHEREAS, in 1614, in Chesterfield County, Bermuda Hundred was the first incorporated town in America; and WHEREAS, in 1619, in Chesterfield County, Falling Creek was the site of the first iron furnace in the New World; and WHEREAS, in 1622, Mount Maladay, near Dutch Gap, was the site of the first American hospital; and WHEREAS, in 1709, Chesterfield County produced the first commercially mined coal in America; in 1807, the-first paved road in Virginia was the Midlothian Turnpike; and in 1831, the Midlothian to Manchester Railroad was the first in Virginia; and WHEREAS, in 1921, three Chesterfield County women from Drewry's Bluff originated Father's Day; and WHEREAS, the County of Chesterfield has continued to grow and prosper, and the modern Chesterfield County, in its 250th year, is proud of its past and confident of its future as it approaches its third century; NOW, THEREFORE BE IT RESOLVED by the Senate, the House of Delegates concurring, that the General Assembly congratulate the County of Chesterfield on the occasion of its 250th anniversary; and BE IT FURTHER RESOLVED, that the Clerk of the Senate prepare a copy of this resolution for presentation to the Chesterfield County Board of Supervisors in honor of the 250th anniversary of this historic, vibrant, and beautiful county. Senator Martin presented Mr. Daniel with a framed copy of the resolution adopted by the Senate and House of Delegates. Delegate Reid stated that the County has been well managed and well governed throughout its history and congratulated current and former Board members, who were present at the meeting, for the role they have played in the making of the County's history. Senator Martin congratulated the County on its Sesquiduplecentennial Anniversary. He stated that discussions today are quite similar to those of 250 years ago in the House of Burgesses -- the County was created out of a concern for travelers' convenience and that the concern still exists today; and the population south of the James was larger and the opportunity for commerce was considered to be greater 250 years ago as well as today. He further stated that the County is still a sweet, healthy place to settle. Delegate Nixon stated that Chesterfield County is a great county because of its citizens and that he is proud to 99-453 5/25/99 represent the people of the County. County on its 250th anniversary. He congratulated the 5.B. RECOGNIZING FORMER BOARD MEMBERS Mr. Ramsey stated that the County has had strong leaders along the way to mold it into the award winning, nationally known community that it has become today. He presented each current Board member with a gift commemorating the County's 250th anniversary, in recognition of their commitment and strong leadership. Mr. Daniel expressed appreciation to Mr. Ramsey and staff for the gift and for their efforts towards the 250th Anniversary Celebration. Mr. Ramsey stated that it is due to the passion and commitment of the County's leaders that we are able to celebrate 250 years of success and progress. He displayed a commemorative gift which was to be presented to former Board members and family members/descendants of former Board members. He then introduced Ms. Cole. Ms. Cole introduced former members of the Board and family members/descendants of former Board members including Mr. Irvin Hornet; Ms. Adrienne Gilliam and Mr. Keith Giliiam, daughter and grandson of Mr. J. Ruffin Apperson; Mrs. Eunice Browning, wife of the late Mr. Herbert Browning; Mrs. Patricia Lohr and Mrs. Cheroyl Starr, daughters of the late Mr. Leo Myers; Mr. Charles L. Bookman, Jr., son of Mr. C. L. Bookman; Mrs. Joan Girone; Mr. Garland Dodd; Mrs. Gladys Robertson, Mr. John Royal Robertson III and Mrs. Sarah Robertson Zammett, family members of the late Mr. J. Royall Robertson; Mr. Jesse Mayes; Mrs. Betty Currin and Mr. Carthan Currin; wife and son of Mr. Sonny Currin; Mrs. Anne Sullivan, wife of the late Mr. Maurice Sullivan; Mrs. Joan Colbert, wife of the late Mr. Whaley Colbert; and Dr. Freddie Nicholas. She noted that former Board members Mr. Geoffrey H. Applegate, Mr. C. J. Purdy, Mr. A1 Krepela and Mr. Merlin O'Neill were unable to attend the meeting. Mr. Daniel presented the former Board members and family members/descendants with a commemorative gift and a group photograph was taken of the current Board members, former Board members and family members/descendants of former Board members. 5.C. RECOGNIZING LIEUTENANT ROLAND D. STOKES, JR., FIRE DEPARTMENT, UPON ~IS RETIREMENT Battalion Chief Henry Grodski introduced Lieutenant Roland D. Stokes, Jr., who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 99-454 WHEREAS, Lieutenant Roland D. Stokes, Jr. began his public service with the County as a firefighter in the Fire Department on August 1, 1973, and has faithfully served Chesterfield County for twenty-five years; and WHEREAS, Lieutenant Stokes was the first African-American hired by the Fire Department; and WHEREAS, by providing quality public service, Lieutenant Stokes has symbolized the type of employee Chesterfield County seeks; and WHEREAS, Lieutenant Stokes' desire to do a good job has been a primary factor that has permitted him to perform at a high level while always striving for excellence; and WHEREAS, Lieutenant Stokes displayed a caring attitude toward all of his customers, often going out of his way to help those in need, and demonstrated excellent teamwork skills~by always being available to assist his co-workers, volunteers and the citizens of Chesterfield County; and WHEREAS, Lieutenant Stokes was assigned to ensure that by County Ordinance, all motels/hotels and apartment units were brought into compliance; thereby providing a smoke detector in each unit to serve as early warnings for our citizens and customers; and WHEREAS, Lieutenant Stokes was trained and recognized as the Fire Department's Inspector for all blasting permits, a delegation by the Commonwealth of Virginia which allowed this locality to enforce accepted procedures; and WHEREAS, Lieutenant Stokes has been effective in working with all groups, including~ being an active member of the Department's Human Relations Committee since 1993. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the contributions of Lieutenant Roland D. Stokes, Jr., and expresses the appreciation of all residents for his service to the County, along with their congratulations and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Lieutenant Stokes 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. Ramsey presented the executed resolution and a Jefferson Cup to Lieutenant Stokes, accompanied by members of his family, expressed appreciation for his dedicated service to the County and wished him well in his retirement. 99-455 5/25/99 Chief Elswick presented 'Lieutenant Stokes with a shadowbox containing his badges and a retired Lieutenant's badge. Lieutenant Stokes expressed appreciation to the Board for the recognition and stated that it has been a pleasure to work for the County. RECOGNIZING E. I. DUPONT DE NEMOURS AND COMPANY, INCORPORATED FOR THEIRCONTINUED-FINANCIAL SUPPORT OF THE ANNUAL WINTER LECTURE SERIES Mr. Golden introduced Mr. Bob Dunn, Environmental Affairs Manager for E. I. DuPont De Nemours and Company, Inc. On motion of the Board, the following resolution was adopted: WHEREAS, donations from E. I. DuPont De Nemours and Company, Incorporated (DuPont) have made the Winter Lecture Series of the Parks and Recreation Department possible for the past twelve years; and, WHEREAS, Chesterfield County and the Parks and Recreation Department appreciate the continued financial support of DuPont towards the annual Winter Lecture Series; and, WHEREAS, DuPont, which in Chesterfield County employs 2,400 people and reaches a worldwide market, has given back to the community through continued sponsorship of an annual County special event; and, WHEREAS, through the cooperative efforts of Mr. Bob Dunn, Environmental Affairs Manager for DuPont, the spirit of community/private partnership continues to provide the County with the ability to afford a varied selection of high caliber speakers for area residents to enjoy each year; and~ WHEREAS, Chesterfield County Parks and Recreation is looking forward to a continued strong rapport with DuPont. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby publicly recognizes E. I. DuPont De Nemours and Company, Incorporated for their generous support of the Winter Lecture Series. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to DuPont and that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel presented the executed resolution to Mr. Dunn and expressed appreciation for DuPont's continued support of the Parks and Recreation Department's winter lecture series. 99-456 5/25/99 Mr. Dunn expressed appreciation for the recognition and stated that DuPont views the winter lecture series as an outstanding educational opportunity for County citizens. SeE. RECOGNIZING MR, WILLIAM AYRES FOR HIS SERVICE TO THE CAMP BAKER MANAGEMENT BOARD Mr. Golden introduced Mr. William Ayres who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, community service is among the traditions of Chesterfield County residents; and greatest WHEREAS, the membership of Mr. William Ayres on the Camp Baker Management Board from 1996 to 1999 has been held in high regard; and WHEREAS, Mr. Ayres has demonstrated involvement in many of Camp Baker's efforts including the ongoing capital renovation of its facilities; and WHEREAS, the contributions of Mr. Ayres have contributed to increased participation in the programs of Camp Baker; and WHEREAS, the ongoing support of Mr. Ayres has resulted in the upcoming conversion of the Camp Baker ranger house to an overnight respite facility. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and commends Mr. William Ayres for his devoted service to Chesterfield County and the Camp Baker Management Board. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Ayres 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 Mr. Ayres, accompanied by his wife, and expressed appreciation for his dedicated service. Mr. Ayres expressed appreciation to the Board for the recognition. 99-457 5/25/99 5.F. RECOGNIZING BOY SCOUTS UPON ATTAINING RANKOF EAGLE SCOUT 5.F.1. SCOTT MICHAEL CAMPBELL, TROOP 897 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded.to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Scott Michael Campbell, Troop 897, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Scott 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. Scott Michael Campbell 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. Campbell, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 5.F,2. NATHAN THOMAS TATUM, TROOP 897 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and 99-458 5/25/99 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, Mr. Nathan Thomas Tatum, Troop 897, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by tess 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, Nathan 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. Nathan Thomas Tatum 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. Tatum, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 5.F.3. BAXTER MICHAEL GILLEY, TROOP 923 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Baxter Michael Gilley, Troop 923, sponsored by First United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding 99-459 5/25/99 himself on the great accomplishments of his Country, Michael 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. Baxter Michael Gilley 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. McHale presented the executed resolution and patch to Mr. Gilley, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 5.F.4. PETER GRAI-IAM MOODY, TROOP 819 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Peter Graham Moody, Troop 819, sponsored by Saint John's Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Peter 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. Peter Graham Moody 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. 99-460 5/25/99 Mr. McHale presented the executed resolution and patch to Mr. Moody, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 5.F.5. CHRISTOPHER BARTON 0STERHOUT, TROOP 806 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership-position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Christopher Barton Osterhout, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Christopher 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. Christopher Barton Osterhout 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. Mrs. Humphrey presented the executed resolution and patch to Mr. Osterhout, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 5.F.6. JASON DOUGLAS REED, TROOP 806 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and 99-461 5/25/99 WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Jason Douglas Reed, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Jason 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. Jason Douglas Reed 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. Mrs. Humphrey presented the executed resolution and patch to Mr. Reed, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board suspended its rules at this time to allow simultaneous nomination/appointment of a member to the Richmond First Tee Board of Directors. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. O RICHMOND FIRST TEE BOARD OF DIRECTORS After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Barber, the Board simultaneously nominated/appointed Mr. Ralph Bolling to serve as an at-large member on the Richmond First Tee Board of Directors, whose term is effective immediately and will expire May 24, 2002. 99-462 5/25/99 And, further, the Board confirmed the appointment of Mr. Lester George to the Richmond First Tee Board of Directors by Richmond First Tee. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS Mr. Warren excused himself from the meeting. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following streetlight installation cost approvals: Bermuda District * Walthall Creek Drive and Woodsedge Road, vicinity of 1913 Walthall Creek Drive Cost to remove light: $155.05 Dale District * Newbys Bridge Trail, at the dead end, Newby's Wood Cost to install light: $1,247.65 Matoaca District * Frye Terrace, in the cul-de-sac, Forest View Cost to install light: $343.36 * Twisted Oak Drive and Twisted Oak Terrace Cost to install light: $361.11 And, further, the Board deferred the following streetlight installation cost approvals until August 25,1999: Bermuda District * Ransom Hills Place and Ransom Hills Road, Ransom Hills Cost to install light: $2,374.36 * Ransom Hills Road and Ransom Hills Turn, Ransom Hills Cost to install light: $617.62 99-463 5/25/99 * Ransom Hills Road and Ransom Hills Terrace, Ransom Hills Cost to install light: $2,865.84 Ayes: Daniel, Barber, Humphrey, and McHale. Nays: None. Absent: Warren. Mr. Warren returned to the meeting. 8.D. CONSENT ITEMS 8.D.1. APPROVAL OF BUDGET REVISION FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $80,000 from the State Department of Mental Health/Mental Retardation/SubstanceAbuse Services for funding of specialized training workshops; appropriated $26,000 from Central State Hospital for funding of specialized services required by individuals recently discharged from Central State; and increased the Mental Health/Mental Retardation/Substance Abuse Department expenditure appropriations by $106,000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.2. TRANSFER OF FUNDS FROM THE WAGNER BUILDING PARKING LOT PROJECT TO THE JUVENILE AND DOMESTIC RELATIONS COURTS PROJECT AND APPROVAL OF CHANGE ORDER TO CONTRACT WITH KENBRIDGE CONSTRUCTION COMPANY FOR THE JUVENILE AND DOMESTIC RELATIONS COURTS PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $100,000 from the Wagner Building Parking Lot Project to the Juvenile and Domestic Relations Courts Project and approved a Change Order to the construction contract with Kenbridge Construction Company, in the amount of $128,000, for completion of Courtroom 5 and associated Judge's Chamber for the Juvenile Courts Project. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.3. 8.D.3 .a. ACCEPTANCE OF PARCELS,OF LAND ADJACENT TO THE NORTH RIGHT OF WAY LINE OF LUCY CORR COURT FROM HEALTH CENTER COMMISSION FOR THE COUNTY OF CHESTERFIELD 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 0.155 acres adjacent to the north right of 5/25/99 99-464 way line of Lucy Corr Court (State Route 4795) from the Health Center Commission for the County of Chesterfield 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. ON THE NORTH SiDE OF NASH ROAD FROM CHESTERFIELD LAND AND TIMBER 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 0.397 acres on the north side of Nash Road from Chesterfield Land and Timber 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. 8 .D.3 .c. ALONG THE WEST RIGHT OF WAY LINE OF WARBRO ROAD AND THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM WAL-MART REAL ESTATE BUSINESS TRUST On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted, on behalf of the County, the conveyance of parcels of land containing 0.305 acres along the west right of way line of Warbro Road and 0.014 acres along the north right of way line of Hull Street Road from Wal-Mart Real Estate Business Trust 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.d. ADJACENT TO THE EAST RIGHT OF WAY LINE OF WARBRO ROAD FROM IRVIN G. HORNER, ET AL. 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 0.273 acres adjacent to the east right of way line of Warbro Road from Irvin G. Homer, et al. 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. 99-465 5/25/99 8.D.3 .e. ADJACENT TO THE NORTH RIGHT OF WAY LINE OF COMMONWEALTH CENTRE PARKWAY FROM FAISON- COMMONWEALTH CENTRE LIMITED 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 0.0824 acres along the north right of way line of Commonwealth Centre Parkway (State Route 2055) from Faison-Commonwealth Centre Limited 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 .f. ALONG THE WEST RIGHT OF WAY LINE OF WARBRO ROAD AND ALONG AND EXTENDING NORTHWARDLY FROM THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM CHESTERFIELD CROSSING, L.L,C. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of parcels of land containing 0.112 acres along the west right of way line of Warbro Road and 2.639 acres along and extending northwardly from the north right of way line of Hull Street Road from Chesterfield Crossing, L.L.C. and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.3 .g. EAST OF RUFFIN MILL ROAD (STATE ROUTE 746) FROM OLIVER D. RUDY, TRUSTEE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 3.52 acres east of Ruffin Mill Road (State Route 746) from Oliver D. Rudy, Trustee, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.4. APPROVAL OF STREET NAME CHANGES AND ADDITIONS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the naming and renaming of the following streets in the County Complex: Jury Drive and a section of Lucy Corr Court to become Lucy Corr Boulevard; Wagner Building address will be Lucy Corr Circle; Lucy Corr Road from Courthouse Road 99-466 5/25/99 to Krause Road to be named Government Center Parkway; that portion of Lucy Corr Court from Lori Road going east past the County Garage to become Lori Lane; Lucy Corr Drive from Courthouse Road extended to the new Lucy Corr Boulevard to become Courts Complex Road; Courts Complex Road to be named Jury Drive; and nhe new road from Route 10 to Lori Road to be named Frith Lane. (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. 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 Gregorys Charter, Section B, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Gregorys Charter, Section B, Dale 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 Gregorys Charter, Section B, Dale 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: Name of Street: Briarwick Drive Length: 0.20 mile From: Gregorys Charter Drive, 0.37 mile south of Kendelwick Drive, State Route 2086 To: Existing Briarwick Drive, State Route 2078, 0.17 mile south of Kendelwick Drive, State Route 2086 Variable Right-of-Way Width: 50 feet. Name of Street: Gregorys Charter Drive Length: 0.18 mile From: Cul-de-sac, 0.03 mile west of Briarwick Drive To: Cul-de-sac, 0.15 mile east of Briarwick Drive Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of 99-467 5/25/99 Transportation drainage easements indicated on the development plat. These roads serve 27 lots. This section of Gregorys Charter is recorded as follows: Section B, Plat Book 84, Page 87, July 13, 1994. Ayes: Daniel, Warren,~Barber, Humphrey, and ~McHale. Nays: None. 8.D.6. SET DATE FOR PUBLIC HEARINGS 8.D.6.a. TO CONSIDER THE CHESTERFIELD SCHOOL-TO-WORK INITIATIVE GRANT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of June 23, 1999 at 7:00 p.m. for a public hearing to consider the appropriation of Virginia School-to-Work Initiative funds ($556,831); donations of $42,368; and a transfer of $65,522 from the School Operating Fund to the Instruction Appropriation category in the School Grants Fund from the Chesterfield School-to-Work Initiative Grant. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.6.b. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF PARCELS OF LAND FOR THE EXPANSION OF MEADOWBROOK HIGH SCHOOL 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 June 23, 1999 at 7:00 p.m. to consider the exercise of eminent domain for the acquisition of two parcels of land for the expansion of Meadowbrook High School and authorization to enter and take such properties prior to eminent domain proceedings. (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.¢. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO THE REGULATION OF TAXICABS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of June 23, 1999 at 7:00 p.m. for a public hearing 99-468 5/25/99 to consider ordinance amendments relating to the regulation of taxicabs. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.6 .d. TO CONSIDER ADOPTION OF ORDINANCE PERMITTING CITIZENS TO ESTABLISH "N0-WAKE" ZONES IN LAKE CHESDIN AND TO CONSIDER APPROVAL OF A uNO-WAKE" ZONE FOR A PORTION OF LAKE CHESDIN On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of June 23, 1999 at 7:00 p.m. for a public hearing to consider the adoption of an ordinance permitting the establishment of "No-Wake" zones in Lake Chesdin. And, further, the Board set the date of July 28, 1999 at 7:00 p.m. for a public hearing to consider approval of an application to establish a "No-Wake" zone for a portion of Lake Chesdin. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.6 .e. TO CONSIDER AN ORDINANCE DESIGNATING THE CAPITAL AREA TRAINING CONSORTIUM ("CATC") AS THE TEMPORARY SERVICE PROVIDER FOR THE WORKFORCE INVESTMENT ACT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of June 23, 1999 at 7:00 p.m. for a public hearing to consider an ordinance for the temporary designation of Capital Area Training Consortium ("CATC") as the service provider for the Workforce Investment Act. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.7. TRANSFER OF THREE CENT ROAD FUNDS 8 .D,7 .a. FROM DALE DISTRICT TO ACQUIRE RIGHT OF WAY FOR CONSTRUCTION OF A SIDEWALK ALONG SALEM CHURCH ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $2,000 from the Dale District Three Cent Road Fund to the Transportation Department to acquire right of way for construction of sidewalks on Salem Church Road. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-469 5/25/99 8.D.7 .b. FROM BERMUDA DISTRICT TO THE PARKS AND RECREATION DEPARTMENT FOR PRINTING AND PUBLICITY COSTS ASSOCIATED WITH THE JAMES RIVER DAYS BROCHURE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $985 from the Bermuda District Three Cent Road Fund to the Parks and Recreation Department for printing and publicity costs associated with the James River Days brochure. Ayes: Daniel, Warren,-Barber,.Humphrey~ and McHale. Nays: None. 8 .D.7 .c FROM BERMUDA DISTRICT TO THE PARKS AND RECREATION DEPARTMENT TO DEFRAY THE COST OF EXPANDING THE JAMES RIVER PARADE OF LIGHTS PROGRAM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $700 from the Bermuda District Three Cent Road Fund to the Parks and Recreation Department to defray the cost of expanding the James River Parade of Lights Program. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.7 .d. FROM BERMUDA AND MIDLOTHIAN DISTRICTS TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE FOOTBALL FIELD EQUIPMENT FOR CARVER MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $1,000 each from the Bermuda and Midlothian District Three Cent Road Funds ($2,000 total) to the Parks and Recreation Department for purchasing football field equipment for Carver Middle School. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.7.e. FROM DALE MAGISTERIAL DISTRICT TO THE SCHOOL BOARD TO PURCHASE VARIOUS EQUIPMENT FOR THE MEADOW-BROOK HIGH SCHOOL J.R.0,T,C. PROGRAM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $2,810 from the Dale District Three Cent Road Fund to the School Board for the purchasing flag poles, trophies and plaques to be used in the Meadowbrook High School J.R.O.T.C. program. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-470 5/25/99 8.D.8. APPROVAL OF AMENDMENT TO TOWING SERVICES CONTRACT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved an amendment to the Towing Services Contract which sets maximum rates recommended by the Towing Advisory Board. (It is noted that a copy of the fee schedule is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.9. AWARD OF CONTRACT FOR THE JVJRY DRIVE AND LORI ROAD RELOCATED PROJECT AND AUTHORIZATION TO PURCHASE LORI ROAD RELOCATED RIGHT OF WAY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a contract, in the amount of $1,440,329, to Shoosmith Brothers Incorporated for the Jury Drive and Lori Road Relocated Project; approved the purchase of approximately 0.854 acre of right-of-way from Myers Family Partnership, L.P. for the Lori Road Relocated Project and authorized the County Administrator to execute the contract and deed; appropriated $350,000 in anticipated Virginia Department of Transportation reimbursements for the Project; transferred $350,000 from the General Road Improvement Account for the Project; and transferred $550,000 from the Industrial Road Access Account to the Project with the understanding that the account will be reimbursed from the General Road Improvement Account after July 1, 1999 (via a transfer). Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.10. APPROVAL OF A CONSTRUCTION CONTRACT FOR BENSLEY PARK COMMUNITY CENTER ADDITION AND WENTWORTH STREET EXTENDED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a construction contract with Brooks and Company, General Contractor, Incorporated, in the amount of $465,400, for the Bensley Park Community Center Addition and Wentworth Street Extended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.11. APPROVAL OF UTILITY CONTRACTS 8.D.11.a. FOR CLOVER HILL ESTATES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following Utility Contract for Clover Hill Estates - Contract Number 97-0246, which includes 899 L.F. ± of twelve inch oversized wastewater lines: 99-471 5/25/99 Developer: Contractor: Contract Amount: Total Estimated County Cost: Wastewater (Oversizing) $2,997.00 (Refund thru connections) Clover Hill Estates L.L.C. McLane Construction Company Estimated Total - $649,869.00 Estimated Developer Cost $646,872.00 Code: (Refund thru connections ~ oversizing)..5N~572VO-E4C District: Matoaca (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.11.b. FOR FAIRWAY VILLAS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following Utility Contract for Fairway Villas - Contract Number 98-0265, which includes 3,256 L.F. ± of twelve inch oversized water lines: Stonehenge/Wood Associates, L.C. R.M.C. Contractors, Incorporated $276,609.00 Developer: Contractor: Contract Amount: Estimated Total Total Estimated County Cost: Water (Oversizing) $31,709.00 (Refund thru connections) Estimated Developer Cost $247,348.00 Code: (Refund thru connections - oversizing) 5B-572VO-E4C District: Midlothian (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.11.c. FOR .JESSUP FARMS, SECTION D AND A PORTION OF SECTION B On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following Utility Contract for Jessup Farms, Section D and Section B (Portion of) - Contract Number 98-0352, which includes 245 L.F. ± of six inch offsite water improvements and 450 L.F. ± of twelve inch oversized water lines; and which also includes 230 L.F. ± of eight inch offsite wastewater lines and 248 L.F. ± of six inch sewer laterals to those lots not owned by the developer: Developer: Jessup Farms, L.C. and Brookstone Associates, L.C. 5/25/99 99-472 Contractor: Contract Amount: Estimated Total - Total Estimated County Cost: Water (Oversizing) $4,939.00 Water (Off-Site) Wastewater (Off-Site) Water (Additional Work) $18,822.00 Estimated Developer Cost Code: Refund thru connections: E4D E4D E4C District: Excalibur Construction Corporation $128,698.00 Additional Work and Off-Site - Water Additional Work and Off-Site - Wastewater Oversizing - Water Dale $4,315.75 $5,704.00 $94,917.25 5B-572VO- 5N-572VO- 5B-572VO- (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 OF A CONTRACT TO PURCHASE A ONE ACRE PARCEL OF LAND FOR THE COUNTY'S EMERGENCY COMMUNICATIONS SYSTEM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a contract, in the amount of $50,000, for the purchase of a one acre parcel of land along Bermuda Hundred Road from Thomas S. Winston III, Trustee, for use as a tower site for the County's Emergency Communications System and authorized the County Administrator to execute the contract and deed. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.13. AWARD OF CONTRACT TO GERALD K. MOODY, INCORPORATED FOR AUTUMN OAKS WATER LINE EXTENSION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a contract to Gerald K. Moody, Incorporated T/A Southern Construction Company, in the amount of $379,880.31, for the Autumn Oaks Water Line Extension - Project Number 98- 0340E and authorized the County Administrator to execute the necessary documents. (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. 99-473 5/25/99 8.D.14. REQUESTS FOR PERMISSION 8.D.14.a. GEORGE WARREN SHEPARD AND JAMIE MASSEY SHEPARD TO INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTEEN FOOT PRIVATE EASEMENT ON AUSTIN ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from George Warren Shepard and Jamie Massey Shepard to install a private water service within a fifteen foot private easement for a new residence at 1200 Austin Road and authorized the County Administrator to execute the water connection agreement. (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.14.b. WATERMILL PROPERTIES, L.L.C. TO CONSTRUCT A WOODEN WALKWAY AND GAZEBO WITHIN A PROPOSED SWM/BMP EASEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Watermill Properties, L.L.C. to construct a wooden walkway and gazebo within a proposed SWM/BMP easement, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.14 .c. UKROP'S SUPER MARKETS, INCORPORATED, A VIRGINIA CORPORATION TO QUITCLAIM A PORTION OF A TWENTY FOOT SWM/BMP ACCESS EASEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a twenty foot SWM/BMP access easement across the property of Ukrop's Super Markets, Incorporated. (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.14.d. HUESTIS LIMITED COMPANY AND CARMIKE CINEMAS, INCORPORATED TO QUITCLAIM A SIXTEEN FOOT WATER EASEMENT AND A PORTION OF A SIXTEEN FOOT SEWER EASEMENT SITUATED WEST OF ALVERSER DRIVE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the 5/25/99 99 -474 County Administrator to execute quitclaim deeds to vacate a sixteen foot water easement and a portion of a sixteen foot sewer easement situated west of Alverser 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.14.e. OLD STAGE, INCORPORATED TO HAVE A SIGN ENCROACH WITHIN AN EXISTING WATER EASEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Old Stage, Incorporated for a sign to encroach within an existing water easement, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.15. AUTHORIZATION TO VACATE AND RE-DEDICATE A WATER EASEMENT ACROSS THE PROPERTY OF TASCON-BUCKINGHAM WOOD, L.P., A VIRGINIA LIMITED PARTNERSHIP On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a water easement agreement for the vacation and re-dedication of a water easement across the property of Tascon-Buckingham Wood, L.P. (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,16. APPROVAL OF CHA/~E ORDER TO CONTRACT WITH HAZEN AND SAWYER FOR COMPLIANCE WIT~ THE SAFE DRINKING WATER ACT FOR THE SWIFT CREEK WATER TREATMENT PLANT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Change Order Number Seven to the contract with Hazen and Sawyer for engineering services, for a decrease of $60,775.00, for County Project #88-0161R which addresses compliance with the 1986 Safe Drinking Water Act for the Swift Creek Water Treatment Plant. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-475 5/25/99 8.D.17. CONVEYANCE OF EASEMENTS 8.D.17.a. TO TRITON PCS PROPERTy COMPANY, L.L.C., BELT, ATLANTIC-VIRGINIA, INCORPORATED AND VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF COMMUNICATIONS EQUIPMENT, UNDERGROUND POWER AND. TELEPHONE CABLE AT ROCKWOOD PARK On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute easement agreements with Triton PCS Property Company L.L.C., Bell Atlantic-Virginia, Incorporated and Virginia Electric and Power Company to install communications equipment, underground power and telephone cable in Rockwood Park. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8.D.17 .b. TO COLUMBIA GAS OF VIRGINIA, INCORPORATED FOR INSTALLATION OF A GAS LINE TO SERVE THE BAILEY BRIDGE ROAD AREA AND TEE NEW SPRING RUN ROAD ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas of Virginia, Incorporated to install a gas line to serve the Bailey Bridge Road area and the new Spring Run Road Elementary School. (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.18. AUTHORIZATION FOR THE COMMUNITY CORRECTIONS SERVICES DEPARTMENT TO APPLY FOR A FEDERAL DRUG COURT PLANNING GRANT TO CONDUCT A COMPREHENSIVE STUDY OF THE NEED FOR A LOCAL ADULT DRUG COURT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Community Corrections Services Department to apply to the Office of Justice Programs for a Federal Drug Court Planning Grant, in the amount of $29,616, for funding of a multi-disciplinary team to conduct a comprehensive study of the need for a local adult drug court and appropriate funds, if received. (It is noted an in-kind match of $14,736 will be provided through services performed by the local Criminal Justice Planner and the registration fees for the National Association of Drug Court Professionals annual conference.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5/25/99 99-476 8.D.19. AUTHORIZATION FOR THE POLICE DEPARTMENT TO APPLY FOR CONTINUATION OF SAFE AND DRUG FREE SCHOOLS GRANT FOR FUNDING THE SALARIES OF THREE PART-TIME CHILD SAFETY OFFICERS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Police Department to apply for'continuation of the Office of the Governor Safe and Drug Free Schools Grant, in the amount of $32,474, for funding of the salaries of three part-time Child Safety Officers to provide safety and drug awareness instruction to elementary students and appropriate the necessary funds when approved. (It is noted the local in- kind match of $25,325 consists of instructional videos, uniforms, van and instructional material.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.20. AUTHORIZATION FOR THE POLICE DEPARTMENT TO APPLY FOR THE CORRECTIONS AND LAW ENFORCEMENT FAMILY SUPPORT GRANT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Police Department to apply for a Corrections and Law Enforcement Family Support Grant, in the amount of $27,529, for funding of the initial start of the Police Department's Critical Incident Stress Management Debriefing Team, training for the Police Department's Chaplain program, and contracting with Chesterfield Mental Health to assess the needs of police officers and their families dealing with job related stress and appropriate the necessary funds when approved. (It is noted the local in-kind match of $30,714 consists of officer salaries, vehicle operations and office supplies.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.21. APPROVAL OF LEASE AGREEMENTS WITH COURT SQUARE, INCORPORATED FOR COUNTY REGISTRAR AND CONSTRUCTION MANAGEMENT OFFICE SPACE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved leases with Court Square, Incorporated for 7,000 square feet of office space at 9846 Lori Road for the County Registrar and Construction Management and authorized the County Administrator to execute the lease agreements. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-477 5/25/99 $.D.23. APPROVAL OF DESIGNATION, OF CONSERVATION EASEMENT OVER A PORTION OF IRON-BRIDGE PARK On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board designated a conservation easement over a portion of Ironbridge Park, and authorized the County Administrator to execute the necessary Declaration. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 8 .D.24. ADOPTION OF RESOLUTION RECOGNIZING MS. FRANCES MANN UPON HER RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Ms. Frances S. Mann became Deputy Clerk of the Circuit Court in June 1956; and WHEREAS, Ms. Mann served in that capacity until February 1961; and WHEREAS, in February 1961, Ms. Mann became a Legal Secretary in the Commonwealth Attorney's Office; and and WHEREAS, she performed those duties until October 1967; WHEREAS, after a break in service from November 1967 until February 1980, Ms. Mann returned to the Circuit Court; and WHEREAS, on March 1, 1980, Ms. Mann became a Legal Secretary for the Circuit Court Judges; and WHEREAS, Ms. Mann was promoted to Court Administrator in 1984; and WHEREAS, Ms. Mann will retire from public service on June 1, 1999. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors commends Ms. Frances S. Mann for her contributions to Chesterfield County's legal system and her outstanding commitment to public service, and wishes her a long, happy and well-earned retirement. 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. 5/25/99 99-478 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the following reports: A. report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITIONS LENGTH ALBERTA SMITH ELEMENTARY SCHOOL - (Effective 4/27/99) Alberta Smith Elementary School Access Road (Route 9110)- From 0.19 Mile Southeast Route 4700 to Route 4700 Via Loop 0.19 Mi AMSTEL BLUFF, SECTION C - (Effective 4/16/99) Bluff Ridge Court (Route 3959) - From Route 3958 to 0.03 Mile Southwest Route 3958 0.03 Mi Bluff Ridge Drive (Route 3958) - From Route 3015 to 0.40 Mile North Route 3015 O.4O Mi BAYHILL POINTE, SECTION 4 - (Effective 4/21/99) Route 5019 From 0.06 Mile Southwest Route 5011 to Route 5011 0.06 Mi Buffalo Nickel Drive (Route 5011) - From 0.15 Mile Northwest Route 5012 to 0.04 Mile North Route 5012 0.11 Mi CLOVER HILL ELEMENTARY SCHOOL - (Effective 4/27/99) Clover Hill Elementary School Access Road (Route 9113) - From 0.17 Mile Northwest Route 3600 to Route 3600 Via Loop 0.17 Mi CREEKWOOD, SECTION M - (Effective 4/30/99) Roundhill Court (Route 3534) - From Route 2235 to 0.13 Mile Northeast Route 2235 0.13 Mi JAMES RIVER HIGH SCHOOL - (Effective 4/27/99) James River High School Access Road {Route 9114) - From 0.23 Mile Southwest Route 3387 to Route 3387 Via Loop 0.23 Mi 99-479 5/25/99 JOHN TYLER WOODS, SECTION 1 - (Effective 4/30/99) Executive Drive (Route 3719) - From Route 1567 to 0.14 Mile Southwest Route 3570 0.21 Mi MARGUERITE CHRISTIAN ELEMENTARY SCHOOL - (Effective 4/27/99) Marguerite Christian Elementary School Access Road (Route 9115) - From Route 620 to 0.38 Mile Southeast Route 620 0.38 Mi MATOACA MIDDLE SCHOOL Matoaca Middle School Access Road (Route 9112) - From Route 722 South to Route 722 North Via Loop 0.14 Mi ROBIOUS ELEMENTARY SCHOOL ACCESS ROAD Robious Elementary School Access Road (Route 9109) - From Route 832 to 0.19 Mile North Route 832 Via Loop SUMMERFORD, SECTION A - (Effective 4/14/99) Summercliff Court (Route 5259) - From Route 5257 to 0.15 Mile Northeast Route 5257 Summercliff Terrace (Route 5258) - From 0.11 Mile West Route 5257 to Route 5257 Summercliff Trail (Route 5257) - From Route 5255 to 0.24 Mile Northwest Route 5255 Summercreek Court (Route 5252) - From 0.04 Mile West Route 5251 to Route 5251 Summercreek Drive (Route 5251) - From Route 5250 to 0.45 mile Northeast Route 5250 Summercreek Place (Route 5253) - From Route 5251 to 0.05 Mile Southeast Route 5251 Summercreek Way (Route 5254) - From Route 5251 to 0.03 Mile East Route 5251 Summerford Court (Route 5256) - From 0.04 Mile South Route 5255 to Route 5255 Summerford Drive (Route 5255) - From 0.18 Mile West Route 5250 to 0.46 Mile Northeast Route 5250 Summerlook Court (Route 5262) - From 0.09 Mile Southwest Route 5261 to Route 5261 Summerlook Lane (Route 5261) - From 0.11 Mile Northwest Route 5255 to Route 5255 99-480 0.19 Mi 0.15 Mi 0 11 Mi 0 24 Mi 0 04 Mi 0 45 Mi 0 05 Mi 0 O3 Mi 0 04 Mi 0.64 Mi 0.09 Mi 0.11 Mi 5/25/99 Summerlook Place (Route 5263) - From Route 5261 to 0.09 Mile North Route 5261 Summersedge Terrace (Route 5260) From Route 0.15 Mile West Route 5255 to Route 5255 West Hensley Road (Route 5250) - From Route 621 to 0.52 Mile Southeast Route 621 WALTON LAKE, SECTION C - (Effective 4/13/99) Mirror Pond Way (Route 5315) - From 0.10 Mile West Route 5311 to Route 5311 Port Elissa Landing (Route 5311) From 0.24 Mile South Route 5300 to 0.05 Mile Route 5300 Walton Creek Drive (Route 5304) - From 0.01 Mile East Route 5307 to 0.25 Mile Southeast Route 5307 WOOLRIDGE ELEMENTARY SCHOOL - Effective 4/27/99 Woolridge Elementary School Access Road (Route 9107) - From Route 4329 to 0.20 Mile Northeast Route 4329 Via Loop Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. O.O9 Mi 0.15 Mi 0.52 Mi 0.10 Mi 0.19 Mi 0.24 Mi O.2O Mi 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to Room 502 in the Administration Building for dinner. Ayes: Daniel, Warren, Humphrey, Barber, and McHale. Nays: None. Reconvening: 12. INVOCATION Reverend Steven Smith, Pastor of Salem Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Hammer led the Pledge of Allegiance to the Flag of the United States of America. 99-481 5/25/99 8.C. AUTHORIZATION TO RESCIND DEFERRAL OF CONSIDERATION OF ROUTE 288 CORRIDOR PLAN AREA SOUTH OF ROUTE 60 AND ACCOMPANYING ORDINANCE AMENDMENT SO THAT THE PLAN AND MANDATORY CONNECTION ORDINANCE CAN BE CONSIDERED ON MAY 25,1999 On motion of Mr. Warren, seconded by Mr. McHale, the Board rescinded the deferral of its decision on The Route 288 Corridor Plan area south of Route 60 and accompanying ordinance amendment to allow for consideration of adoption of the plan and a mandatory connection ordinance at the May 25, 1999 meeting. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 6. WORK SESSIONS o OUTDOOR ADVERTISING (BILLBOARDS) Mr. Micas introduced Ms. Andrea Wortzel, a new attorney in his office. He presented a map showing the current location of the two types of billboards in the County -- billboards located on federal-aid highways and on non-federal aid highways. He presented photographs of several non-federal aid highway billboards as well as federal-aid highway billboards. He presented a geographic summary of the location of non-federal aid highway located billboards and stated that they would be eliminated on July 22, 1999 under the existing ordinance. He then presented a geographic summary of the location of federal aid highway billboards which would remain in place on July 22, 1999. He presented a map that was included in the package when the ordinance was originally adopted in 1992 and stated that the areas specified in the map are where billboards will be prohibited in the future, but not eliminated. He presented a summary of the chronology of the adoption of the ordinance from 1987 until 1999. He presented the Board with three options to deal with the billboards including enforcing the existing ordinance requiring removal; delaying the effective date of ordinance; and repealing the existing ordinance. When asked, Mr. Micas stated that federal aid designated billboards are located on federal aid highways and cannot be removed without compensation. There was brief discussion relative to the legal dispute relative to the designation of federal aid and non-federal aid highways. When asked, Mr. Micas stated that the billboard industry takes the position that the County cannot require removal of even non-federal aid highway billboards due to the vested rights concept in State law. He further stated that the County's point of view is that there is sufficient authority to remain with the existing ordinance. 99-482 5/25/99 There was brief discussion relative to exposure to County taxpayers should the County's billboard ordinance be challenged in court; the designation of billboards on the map presented to the Board; and the dispute regarding billboard designations. Mr. McHale questioned opportunities for the billboard industry to present options to keep the ordinance from being challenged in court. When asked, Mr. Micas stated that approximately twelve of the non-federal aid designated billboards are in dispute as to whether or not they are not federal aid designated. Mr. Warren requested that an accurate map be provided to the Board. There was brief discussion relative to taking action today. When asked, Mr. Micas stated that an ordinance change could not be concluded prior to July 22, 1999 unless action was taken tonight to set a public hearing. Mr. Barber stated that he did not support the action of the Board eight years ago, but that he did support what the Planning Commission had recommended to the Board. He further stated that the Board needs to decide whether to continue on the current course or hold a public hearing to make a change. He stated that he feels action should be deferred to allow for the possibilities of a compromise with the billboard industry or a change in the ordinance. Mr. Daniel stated that, assuming no change is made in the existing ordinance, the possibilities exist that the billboard industry will accept the ordinance without complaint or the County's ordinance might be challenged in court. He further stated that, if the ordinance were to be challenged and the County has not enforced removal of any billboards, no material damage will have occurred. When asked, Mr. Micas stated that the major issue is whether the billboards must be removed on July 22, 1999. Mr. Daniel stated that he would not support amending the Agenda to take any action since the issue has been a subject for discussion for seven years. He further stated that, if the effective date of the ordinance is delayed, there is no leverage to negotiate. He stated that a public hearing could be set at the June 23, 1999 meeting and held on July 28, 1999 and cautioned the Board not to rush into a decision that would raise more questions for the government than answers for the billboard industry. He noted that many concerned citizens were involved in the development of the existing ordinance. Mr. Barber stated that several people from the billboard industry have contacted him recently, questioning the possibility of the Board amending the ordinance. He stated that, if the Board did not wish to amend the Agenda, then 5/25/99 99-483 further discussion would be futile. Mr. Daniel stated that no harm will be caused over a delay in enforcement of the ordinance. He further stated that, if the industry is willing to negotiate, they should discuss a compromise with Mr. Ramsey. Mr. Warren requested that, if the billboard issue is brought up in a later Agenda, a revised map showing which billboards are in dispute be provided to the Board. Mrs. Humphrey expressed concerns relative to the classification of billboards and stated that one accomplishment of the ordinance is to put a cap on the number of billboards in the County. She further stated that 89 percent of the billboards in the County are owned by one Chesterfield business and that the business is owed the opportunity for compromise. She stated that she supports deferral of the issue until a better map has been provided to the Board; the opportunity has been provided for the Chesterfield business to offer a compromise; and billboards have been properly classified. She referenced billboards along the Hull Street Corridor and stated that, through future zoning cases, she desires that billboards be eliminated. When asked, Mr. Micas stated that, in order to change the date of enforcement of the ordinance, a public hearing would be required. He further stated that, if the Board chose to hold a public hearing, no action would be taken towards enforcement of the ordinance until after the public hearing. Mr. McHale meeting to ordinance. requested an Agenda Item at the June 23, 1999 set a public hearing relative to the billboard Mrs. Humphrey requested that every landowner in the County, who has a sited billboard or an approval for a billboard, receive a letter from the County notifying them of the public hearing. There was brief discussion relative to the time period for deferral of the enforcement that would be requested in the Agenda Item and the need to remand the ordinance to the Planning Commission to defer the enforcement date. Mr. Micas stated that, if double advertising were accomplished, the public hearing could be held by the Board on July 28, 1999. Mr. Daniel stated that a public hearing will be set on June 23, 1999 and held on July 28, 1999; staff will review the differences of opinion to determine the verbage of the Agenda Item; and enforcement of the existing ordinance will be postponed until after the public hearing is held. There was brief discussion relative to double advertising and the Board's ability to hold the public hearing on July 28, 1999. 99-484 s/25t99 7. DEFERRED ITEMS 7oa. TO CONSIDER FY2000 THROUGH FY2005 SECONDARY ROAD SIX-YEAR IMPROVEMENT PLAN; FY2000 SECONDARY ROAD IMPROVEMENT BUDGET; FY2000 CHESTERFIELD ROAD FI/ND, FY1999 SUPPLEMENTAL CHESTERFIELD ROAD FUND, FY2000 THROUGH FY2005 CHESTERFIELD ROAD'FUNDANI) SURFACE TRANSPORTATION PROGRAM FUND PROJECT DEVELOPMENT SCHEDULES, AND APPROPRIATION/TRANSFER OF FUNDS Mr. McCracken stated that the Board held a public hearing on April 28, 1999 to consider the Secondary Road Six-Year Plan, Secondary Road Budget, Chesterfield Road Fund, and the Chesterfield Road Fund and Surface Transportation Program Fund Project Development Schedules. He further stated that the Board deferred action on the items and requested that staff modify the proposed Six-Year Plan. He reviewed the recommended revisions to the Plan. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved the FY00 through FY05 Chesterfield Road Fund Project Development Schedule, as amended, and the FY00 through FY05 Surface Transportation Program Fund Project Development Schedule; transferred $50,000 from the General Road Improvement Account for the Salem Church FY99 Supplemental Chesterfield Road Fund; appropriated $366,000 from Road Cash Proffers (Shed 2) to the Old Buckingham Road Project to initiate preliminary engineering; authorized the County Administrator to enter into the customary Virginia Department of Transportation/County/ consultant/contractor, design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for the projects; and adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and the Virginia Department of Transportation (VDOT) have conducted a public hearing on the FY00 through FY05 Secondary Road Six Year Improvement Plan; and WHEREAS, the Board concurs with the proposed projects identified in the Plan. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors approved the Six Year Secondary Road Improvement Plan as amended. And, further, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY00 Secondary Road Improvement Budget to the County; and WHEREAS, the Budget represents the implementation of the first year of the Six Year Improvement Plan adopted by the Board. 99-485 5/25/99 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors approves the FY00 Secondary Road Improvement Budget as amended. And, further, the Board adopted the following resolution: WHEREAS, Section 33.1-75.1 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to,any County-for designations by the governing body of up to 25% or $500,000, whichever is greater, of funds received by it during the current fiscal year pursuant to the "State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; and WHEREAS, the Chesterfield County Board of Supervisors has appropriated $500,000 for the Chesterfield Road Fund with the adoption of the FY00 Appropriation Resolution; and WHEREAS, the Virginia Department of Transportation (VDOT) has notified the County that $500,000 is the maximum amount of Chesterfield County funds that will be matched by the State during FY00. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors has appropriated $500,000 to be matched by the State for the FY00 Chesterfield Road Fund (Revenue Sharing Program); and AND, BE IT FURTHER RESOLVED, that the matched funds be allocated to the following projects: $757,530 Nash Road from Morrisett Road to Woodpecker Road Preliminary Engineering, Right-of-Way and Construction ($378,765 VDOT and $378,765 County) $242,470 Salem Church Road from Kingsland Road to Beulah Road Preliminary Engineering, Right-of-Way and Construction ($121,235 VDOT and $121,235 County) And, further, the Board adopted the following resolution: WHEREAS, Section 33.1-75.1 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to 25% or $500,000, whichever is greater, of funds received by it during the current fiscal year pursuant to the "State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; and 5/25/99 99-486 WHEREAS, the Virginia Department of Transportation (VDOT) has notified the County that $50,000 is the maximum amount of Chesterfield County funds that will be matched by the State as a supplemental FY99 allocation. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors has allocated $50,000 from the General Road Improvement Account for the FY99 Supplemental Allocation Program and requests VDOT to provide an equivalent match. A_ND, BE IT FURTHER RESOLVED, that the FY99 supplemental matched funds be allocated for the following project: $100,000 Salem Church Road from Kingsland Road to Beulah Road ($50,000 VDOT, $50,000 County) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 7.B. TO CONSIDER THE ZONING AND UTILITIES ORDINANCE AMENDMENTS RELATING TO THE USE OF pUBLIC WATER AND WASTEWATER FACILITIES IN THE ROUTE 288 CORRIDOR PLAN AREA Mr. Jacobson stated that the Board held a public hearing on April 14, 1999 to consider the Zoning and Utilities Ordinance amendments relating to the use of public water and wastewater facilities in The Route 288 Corridor Plan Area. He further stated that the County staff and Planning Commission recommend approval of this ordinance. On motion of Mrs. Humphrey, 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 REENACTING SECTIONS 17-91, 18-63 AND 18-64, RELATING TO WATER AND WASTEWATER CONNECTIONS IN THE ROUTE 288 CORRIDOR PLAN AREA BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-91, 18-63 and 18-64 of the Code of the County of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 17-91. systems. Size of lots served by conventional septic (a) In any subdivision utilizing conventional septic systems the average lot size shall be no less than 40,000 square feet, at least 90 percent of all lots in the subdivision shall be at least 40,000 square feet in size, and no lot shall be less than 5/25/99 99-487 30,000 square feet in size. In addition, all lots in the subdivision shall have a minimum lot width of 120 feet measured at the building line. This subsection shall apply to any property for which residential zoning is obtained after February 23, 1989; however, this subsection shall apply to every residential lot which is recorded after January 1, 1991. (b) No subdivision of land within the Southern and Western Plan Area for which residential zoning is obtained after June 23, 1993 may utilize conventional septic systems unless all lots in such subdivision are at least one acre in size and located in those areas designated in the county's comprehensive plan for single-family residential use in the lowest density category. (Areas colored tan on the Southern and Western Area Land Use Plan. (c) No subdivision of land within the Route 288 Corridor Plan Area for which residential zoning is obtained after (effective date) may utilize conventional septic systems unless all lots in such subdivision are at least one acre in size and located in those areas designated in the county's comprehensive plan for single-family residential use in the lowest density category. (Areas colored tan on the Route 288 Corridor Plan area). (Code 1978, ~ 18.1-55) o o o Sec. 18-63. Mandatory water connections in certain areas. o o o (b) Ail structures which are located on property that is included in the Southern and Western Area Plan described in the subdivision ordinance and which received zoning approval after June 23, 1993 shall connect to the water system. However, the following structures shall not be required to connect unless connection to the water system is otherwise required by law: (1) Temporary manufactured or mobile homes; (2) Structures that were authorized by conditional uses or special exceptions which were renewed after June 23, 1993; (3) Structures that are authorized by conditional uses or special exceptions that were granted after June 23, 1993 if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a private well; (4) Governmental structures and institutional buildings; and (5) Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. 99-488 5/25/99 (c) Ail structures which are located on property that is included in the Route 288 Corridor Plan Area as shown in comprehensive plan, and which received zoning approval after May 25, 1999 shall connect to the water system. However, the following structures shall not be required to connect unless connection to the water system is otherwise required by law: (1) Temporary manufactured or mobile homes; (2) Structures that were authorized by conditional uses or special exceptions which were renewed after May 25, 1999; (3) Structures that are authorized by conditional uses or special exceptions that were granted after May 25, 1999 if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a private well; (4) Governmental structures and institutional buildings; and (5) Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. (d) For purposes of this section "structure" and "institutional building" shall have the same meaning as in the zoning ordinance. (e) The planning commission may grant exceptions to subsections (b) and (c) during schematic plan, site plan or tentative subdivision review. The Planning Commission may also grant exceptions to subsections (b) and (c) to an applicant who files an application with the planning department on a form prescribed by the director of planning and who pays a fee of $260.00 to the planning department, if the applicant is not subject to the schematic, site plan or subdivision review process. The planning commission shall find that: (1) The use of a private well will not adversely affect the ability to extend public water to other property; (2) The use of a private well will not encourage future development that is inconsistent with the comprehensive plan; and (3) The use of a private well is not reasonably likely to adversely affect the public health, safety or welfare. The planning commission may impose conditions to mitigate the impact of any exception that it grants. (Code 1978, § 20-43) Sec. 18-64. Mandatory wastewater connection in certain areas. (a) Ail structures which are located on property that is 5/25/99 99-489 included in the Southern and Western Area Plan described in the subdivision ordinance and which received zoning approval after June 23, 1993 shall connect to the wastewater system. However, the following structures shall not be required to connect unless connection to the wastewater system is otherwise required by law: (1) Single-family dwellings on lots which are at least one acre in size and which are located in areas that are designated in the comprehensive plan for single-family residential use in the lowest density category (areas colored tan on the Southern and Western Area Land Use Plan); (2 ~Temporary manufactured or mobile homes; (3 Structures that were authorized by conditional uses or special exceptions which were renewed after June 23, 1993; (4) Structures that are authorized by conditional uses or special exceptions that were granted after June 23, 1993 if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a septic system; (5) Governmental structures and institutional buildings; and (6) Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. (b) Ail structures which are located on property that is included in the Route 288 Corridor Plan Area as shown in the comprehensive plan, and which received zoning approval after May 25, 1999 shall connect to the wastewater system. However, the following structures shall not be required to connect unless connection to the wastewater system is otherwise required by law: (1) Single-family dwellings on lots which are at least one acre in size and which are located in areas that are designated in the comprehensive plan for single-family residential use in the lowest density category (areas colored tan on the Route 288 Corridor Plan area) (2 Temporary manufactured or mobile homes; (3 Structures that were authorized by conditional uses or special exceptions which were renewed after May 25, 1999; (4 Structures that are authorized by conditional uses or special exceptions that were granted after May 25, 1999 if the use that is permitted by the conditional use or special exception is incidental to a principal use that was previously allowed with a septic system; 5/25/99 99-490 (5) Governmental structures and institutional buildings; and Residences that are located on lots that are exempt from the requirements of the subdivision ordinance. (c) For purposes of this section, "structure," "single-family dwelling" and "institutional building" shall have the same meaning as in the zoning ordinance. · (d) The Planning Commission may also grant exceptions to subsections (b) and (c) to an applicant who files an application with the planning department on a form prescribed by the director of planning and who pays a fee of $260.00 to the planning department, if the applicant is not subject to the schematic, site plan or subdivision review process. The planning commission shall find that: (1) The use of a septic system will not adversely affect the ability to extend public sewer to other property; (2) The use of a septic system will not encourage future development that is inconsistent with the comprehensive plan; and (3) The use of a septic system is not reasonably likely to adversely affect the public health, safety or welfare. The planning commission may impose conditions to mitigate the impacts of any exception that it grants. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 7.C. TO CONSIDER THE ROUTE 288 CORRIDOR PLAN 7.C,1. NORTH OF ROUTE 60 Mr. Jacobson stated that the Board held a public hearing on April 14, 1999 to consider The Route 288 Corridor Plan. He further stated that amended language for note 2, addressing regional retail uses at the northwest quadrant of Route 60 and 288, has been proposed with the assistance of Mr. Barber, Midlothian Planning Commissioner Will Shewmake, the developer and the property owner. He stated that the Planning Commission and staff recommend approval of the Plan. There was brief discussion relative to the language in Note 2. Mr. Barber made a motion for the Board to adopt The Route 288 Corridor Plan North of Route 60, including the substitute language of Note 2. Mr. Warren seconded the motion. 99-491 5/25/99 Mr. Barber stated that the language for note 2 includes the definition of an up-scale type of commercial development that would not duplicate the existing malls on Midlothian Turnpike and defines by recognizing specific developments that are referred to as lifestyle centers. He further stated that the amended language prohibits typical strip mall development and provides for the completion of Route 288 prior to any development. He stated that, with the adoption of the proposed Route 288 Corridor Plan, including the amended language for Note 2, the County can celebrate its future. Mr. Daniel called for a vote on the motion made by Mr. Barber, seconded by Mr. Warren, for the Board to adopt The Route 288 Corridor Plan North of Route 60, including the substitute language of Note 2. (A copy of the Plan is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 7.C.2. SOUTH OF ROUTE 60 Mr. Warren made a motion for the Board to adopt The Route 288 Corridor Plan South of Route 60, as recommended by the Planning Commission, and include amended language designating the residential land use around Old Hundred Road as 1 to 2.0 dwelling units per acre and that the Planning Commission review the Upper Swift Creek Plan and related ordinances with the objective of reducing the residential density from 2.2 dwelling units per acre gross density to one-half acre lots or 2.0 dwelling units per acre net density. Mrs. Humphrey seconded the motion made by Mr. Warren. She referenced the Old Hundred Road Corridor where growth management tools have been studied and stated that the Upper Swift Creek Plan is the adjacent land use plan to The Route 288 Corridor Plan. She expressed appreciation to the Brandermill and Woodlake Community Associations for their support. She stated that a determination needs to be made relative to the difference in land use planning between 2 units per acre and 2.2 units per acre. Mr. Daniel called for a vote on the motion made by Mr. Warren, seconded by Mrs. Humphrey, for the Board to adopt The Route 288 Corridor Plan South of Route 60, as recommended by the Planning Commission, and include amended language designating the residential land use around Old Hundred Road as 1 to 2.0 dwelling units per acre and that the Planning Commission review the Upper .Swift Creek Plan and related ordinances with the objective of reducing the residential density from 2.2 dwelling units per acre gross density to to one-half acre lots or 2.0 dwelling units per acre net density. (A copy of the Plan is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-492 5/25/99 Mr. Warren recognized Mr. Mike Divita, Community Manager of Brandermill Community Association, who was present at the meeting and expressed appreciation to the Board, Planning Commission, staff, and leadership in Brandermill, Woodlake and Hands Across the Lake for their efforts towards protection of the Swift Creek Reservoir. Mr. Barber expressed appreciation to Ms. Sara Habeck, Senior Planner and to Midlothian District Planning~Commissioner Will Shewmake for their efforts towards the development of The Route 288 Corridor Plan. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Resolutions or Special Recognitions at this time. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES W-HERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMI~ENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 98SN0157 In Clover Hill Magisterial District, RUDOLPH CONSTRUCTION CO. requested rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12). A single family residential subdivision with a minimum lot size of 15,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit development to a maximum of sixteen (16) lots, yielding a density of 2.35 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 6.8 acres fronting approximately 700 feet on the west lin® of Clintwood Road, approximately 150 feet north of Dumaine Drive, also located at the western terminus of Dumaine Drive. GPIN 742-687-5026, 5864, 7824 and 7941 (Sheet i4). Mr. Jacobson stated that the applicant has requested a deferral to July 28, 1999. Mr. Brian Buniva, representing the applicant, requested deferral to July 28, 1999 to allow the applicant time address issues raised by the neighborhood. a There was no one present to speak to the deferral. 99-493 s/25/99 After brief discussion, on motion of Mr. Warren, seconded by Mr. Barber, the Board deferred Case 98SN0157 until July 28, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0224 In Midlothian Magisterial District, C & G ASSOCIATES requested rezoning and amendment of zoning district map from Agricultural (A) to Neighborhood Business (C-2) of 1.39 acres; from Agricultural (A) to Corporate Office (0-2) of 3.7 acres; from Residential (R-7) to Corporate Office (0-2) of 0.72 acre plus proffered conditions on an adjacent 2.19 acre parcel currently zoned Community Business (C-3) . Further, a Conditional Use Planned Development is requested on the entire property. Office and commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district and village fringe area uses. This request lies on 8.0 acres fronting approximately 375 feet on the south line of Midlothian Turnpike, also fronting approximately 1,200 feet on the west line of Walton Park Road and located in the southwest quadrant of the intersection of these roads. Tax ID 732-707-1234, 3222, 4701 and Part of 1108 (Sheet 7). Mr. Jacobson presented a summary of Case 99SN0224 and stated that Planning Commission and staff recommend approval subject to one condition and acceptance of proffered conditions. He noted that the request conforms to the Midlothian Area Community Plan. He stated that an amendment which provides for an addendum to Proffer Number 6 and new Proffers 22 and 23 were received after the Planning Commission's hearing of the Case which provide further limitations to the uses allowed to develop on the property. He further stated that, if the Board wishes to consider the new Proffered Conditions, they would have to first suspend their rules to allow for consideration of the new Proffers. Mr. Daniel requested that, due to the new Proffered Conditions, the request be heard during the remaining zoning cases following the other public hearings. 99SN024~ In Midlothian Magisterial District, BON AIR UNITED METHODIST CHURCH requested Conditional Use and amendment of zoning district map to permit private school and child day care uses 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 1.5 to 4.0 units per acre. This request lies on 3.92 acres fronting approximately 400 feet 5/2s/99 99-494 on the east line of Buford Road, approximately 400 feet on the south line of West Bon View Drive, approximately 400 feet on the west line of Logan Street and approximately 400 feet on the north line of Vietor Street and located at the intersections of these roads. Tax ID 756-714-8137 and 8659 and 757-714-0043 (Sheet 3). Mr. Jacobson presented a summary of Case 99SN0244 and stated that Planning Commission and staff recommend approval subject to conditions and acceptance of one proffered condition. Mr. Keith Hurley, 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 99SN0244 subject to the following conditions: Except where the requirements of the underlying Residential (R-15) zoning are more restrictive, any new development for school or child care use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth Areas. (P) o The following setback criteria shall apply to any new outdoor play fields, courts, swimming pools and similar active recreational areas: a o Outdoor play fields, courts, swimming pools and similar active recreational areas shall be set back a minimum of fifty (50) feet from any public roads. Within these setbacks, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522(a) (2) of the Zoning Ordinance. b 0 If new outdoor play fields, courts, swimming pools and similar active recreational areas are set back more than fifty (50) feet from any public roads, the landscaping or other design features described in Condition 2.a. may be modified by the Planning Department at the time of site plan review. Such modification shall accomplish a mitigation of the visual and noise impacts that sports or related activities have on adjacent properties and public roads equivalent to the fifty (50) foot setback/landscaping requirements described in Condition 2.a. o The private school use shall be conducted in association with church use on the property. (P) (NOTE: These conditions would not apply to any permitted use, such as a church, on the property.) 99-495 5/25/99 And, further, condition: the Board accepted the following proffered There shall be no direct access to this property fromBuford Road. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0246 In Bermuda Magisterial District, CHESTERFIELD COUNTY PLANNING COMMISSION proposed revocation of Conditional Use Planned Development (Case 97SN0205) and amendment of zoning district map which permitted a 190 foot communications tower in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use transitional use. This request lies on 0.4 acre fronting approximately 30 feet on the north line of East Hundred Road, also fronting approximately 900 feet east of Route 1-295 and located in the vicinity of the northeast quadrant of the intersection of these roads. Tax ID 822-649- Part of 6672, 8054, 8844, 9317, 9336 and 4479 (Sheet 42). Mr. Jacobson presented a summary of Case 99SN0246 and stated that Planning Commission and staff recommend revocation due to the tower site being highly visible to the East Hundred Road/Route 1-295 interchange and a more suitable tower location which has received zoning and Substantial Accord approval being less visible from East Hundred Road and Route 1-295. Mr. Jacobson, representing the applicant, stated that the recommendation for revocation is acceptable. There was no opposition to the revocation. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board revoked the Conditional Use Planned Development (Case 97SN0205) permitting a 190 foot communications tower in an Agricultural (A) District (Case 97SN0205). Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0271 In Bermuda Magisterial District, EXPRESS MUFFLER, INC. requested Conditional Use Planned Development and amendment of zoning district map to permit a motor vehicle repair facility in a Light Industrial (I-l) District. 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 99-496 5/25/99 30.1 acres fronting approximately 1,550 feet on the west line of Jefferson Davis Highway, across from Pinehurst Street. Tax ID 795-664-1890 (Sheet 26). Mr. Jacobson presented a summary of Case 99SN0271 and stated that Planning Commission and staff recommend approval and acceptance of the proffered conditions. Ms. Lisa Bailey, representing' the app'ticant,- stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0271 and accepted the following proffered conditions: This Conditional Use Planned Development shall be granted to and for Express Muffler, Inc., and shall not be transferable nor run with the land. 0 This Conditional Use Planned Development shall be granted for a period of 1 year from the date of approval. o This Conditional Use Planned Development shall be limited to the use of the existing building. There shall be no expansion of the existing building to accommodate this use. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16. PUBLIC HEARINGS 16 .A. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON BEULAH ROAD Mr. McCracken stated that this date and time has been advertised for a public hearing to consider the restriction of through truck traffic on Beulah Road between Kingsland Road and Salem Church Road, and between Salem Church Road and Hopkins Road. There was brief discussion relative to the number of requests for restriction of through truck traffic. Ms. Diana Parker expressed appreciation to the Board for their response to citizens' concerns relative to restricting truck traffic on Centralia Road. She stated that she supports restriction of through truck traffic on Beulah Road. There being no one else to speak to this issue, the public hearing was closed. On motion of Mr. Daniel, seconded by Mr. Warren, the Board adopted the following resolution: 99-497 5/25/99 WHEREAS, the Chesterfield County Board of Supervisors received a request to restrict any through truck or truck and trailer and semi-trailer combination except pickup or panel trucks from using Beulah Road (Route 641) between Kingsland Road (Route 611) and Salem Church Road (Route 642), and between Salem Church Road (Route 642) and Hopkins Road (Route 637); and, WHEREAS, the recommended alternate route ms Kingsland Road, Route 10, Chippenham Parkway~ and.Hopkins Road/'and WHEREAS, the Board has conducted a public hearing on the restriction. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Beulah Road. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. There was brief discussion relative to the status of the request to restrict through truck traffic on Centralia Road. Mr. Daniel requested that, at some point in the future, staff prepare a summary of the requests for restriction of truck traffic on roads that have not been acted upon by the Virginia Department of Transportation and also a summary of "at-risk" roads and create a strategy for dealing with these roads. Mrs. Humphrey stated that, as construction on Route 288 continues, trucks will be entering neighborhoods to avoid tolls. She further stated that she concurs with Mr. Daniel's initiative. 16.B. TO CONSIDER ADOPTION OF ORDINANCE PROVIDING FOR ASSESSMENT OF PARTIALLY COMPLETED BUILDINGS Mr. Micas stated that, since 1955, the Board has made partial assessments on buildings as they are being constructed during a calendar year by resolution and that the Assessor's and County Attorney's Offices feel the assessment should be provided through an ordinance. He further stated that this date and time has been advertised for a public hearing to consider adoption of an ordinance providing for assessment of partially completed buildings. There was no one present to speak to the ordinance. There was brief discussion relative to taxing construction sites before the home is complete. Mr. Micas stated that the ordinance does not propose a change in the County's policy -- it simply enacts the policy into an ordinance. 99-498 5125/99 Mr. Daniel questioned the necessity to adopt an ordinance. Mr. Patten stated that the issue of partial assessment upon a percentage of completion is mandated by State law -- it is not a local option. He further stated that the issue of supplemental assessments needs to be adopted by ordinance and that assessment of partially completed buildings is State mandated -- it is not a local option. Mr. Daniel requested that the Board defer consideration of the ordinance until June 23, 1999 to allow for answers~to the questions of Board members. He then closed the public hearing. When asked, Mr. Patten stated that State law mandates that, after November 1 of each year, the Assessor's Office must partially assess based on a certain percentage of completion and State guidelines. On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board deferred consideration of an ordinance providing for assessment of partially completed buildings until June 23, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16 .C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR T~R 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 Mr. Stith stated that this date and time has been advertised for a 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. He further stated that the two attorneys representing the parties involved are attempting to reach an agreement and have requested that the public hearing be moved to the end of the Agenda. Mr. Daniel stated that he would call the public hearing at the end of the Agenda. 16 .D. TO CONSIDER THE CONVEYANCE OF LEASE OF REAL PROPERTY AT WOODLAKE ATHLETIC COMPLEX FOR OPERATION OF FOOD CONCESSIONS BY MIDLOTHIAN YOUTH SOCCER LEAGUE Mr. Hammer stated that this date and time has been advertised for a public hearing to consider the conveyance of lease of real property for operation of food concessions at Woodlake Athletic Complex by Midlothian Youth Soccer League. There was no one present to speak to the issue. 99-499 5/25/99 On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved 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, Humphrey, and McHale. Nays: None. 16 .E. TO CONSIDER AN-ORDINANCE TO VACATE PORTIONS~OF LOTS 30, 31, 43 AND 45 WITHIN CHESDIN LANDING, SECTION 4 Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of Lots 30, 31, 43 and 45 within Chesdin Landing, Section 4. There was no one present to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to CHESDIN COMPANY, L.L.C., ("GRANTEE"), portions of Lots 30, 31, 43 and 45, Chesdin Landing Subdivision, Section 4, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 100, at Pages 5 -11. WHEREAS, CHESDIN COMPANY, L.L.C., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of Lots 30, 31, 43 and 45 within Chesdin Landing Subdivision, Section 4, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 100, Pages 5 -11, by KOONTZ @ BRYANT, P.C., dated AUGUST 21, 1998 and recorded AUGUST 27, 1998. The portions of lots petitioned to be vacated are more fully described as follows: Portions of Lots 30, 31, 43 and 45 within Chesdin Landing Subdivision, Section 4, the location of which is more fully shown on a plat made by KOONTZ @ BRYANT, P.C., dated APRIL 5, 1999, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portions of lots sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portions of lots be 99-500 and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section t5.2-2276 of the Code of Virqinia, 1950, 'as amended. .The effect of ~this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portions of the plat vacated. This Ordinance shall vest fee simple title of the portions of lots hereby vacated in the underlying property owner free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and CHESDIN COMPANY, L.L.C., or its successors in title, as GRANTEE. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOT 49, RIVERTON SUBDIVISION, SECTION B Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a sixteen foot drainage easement across Lot 49, Riverton Subdivision, Section B. There was no one present to speak to the ordinance. On motion of Mr. Barber, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JAMES HARPER and JULIE HARPER, ("husband and wife"), ("GRANTEE"), a portion of a 16' drainage easement across Lot 49, Riverton Subdivision, Section B, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 83, at Pages 63, 64 and 65. WHEREAS, JAMES and JULIE HARPER, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 16' drainage easement across Lot 49, Riverton Subdivision, Section B, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 83, Pages 63, 64 and 65, by BALZER & ASSOCIATES, INC., dated DECEMBER 6, 1995 and recorded DECEMBER 99-501 5125/99 20, 1995. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 16' drainage easement, across Lot 49, Riverton Subdivision, Section B, the location of which is more fully shown on a plat made by FREDERICK A. GIBSON & ASSOCIATES, P.C., dated JANUARY 19, 1999, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, . notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the property owners of Lot 49, within Riverton Subdivision, Section B free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JAMES HARPER and JULIE HARPER, ("husband and wife"), or their successors in title, as GRANTEE. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.G, TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A FORTY FOOT RIGHT OF WAY KNOWN AS GILL STREET WITHIN THE TOWN OF CHESTER Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a forty foot right of way known as Gill Street with the town of Chester. There was no one present to speak to the ordinance. 99-502 5/25/99 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to LYNWOOD E. FIELDS, JR. and LAURIE G. FIELDS, ("GRANTEE"), a portion of a 40' right of way known as Gill Street within the Plan of the Town of Chester, Bermuda Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 1, at Page .311 ..... WHEREAS, Lynwood E. Fields, Jr. and Laurie G. Fields, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of right of way known as Gill Street, within the Plan of the Town of Chester, Bermuda Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 1, Page 311, dated April 27, 1878. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of a 40' right of way known as Gill Street, Plan of the Town of Chester, the location of which is more fully shown on a plat made by HARVEY L. PARKS, INC., dated MARCH 17, 1999, and revised APRIL 1, 1999, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be 'recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portion of right of way hereby vacated in the abutting property owners free and clear of any rights of public use. 99-503 5/25/99 Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and LYN-WOOD E. FIELDS, JR. and LAURIE G. FIELDS, ("husband and wife"), or their successors in title, as GRANTEE. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.H. TO CONSIDER THE EXCHANGE,0F PARCELS OF.LAND,AT THE pROPOSED WATERMILL DEVELOPMENT Mr. Stith stated that this date and time has been advertised for a public hearing to consider the exchange of parcels of land at the proposed Watermill Development to allow for the realignment of the access road that will serve the County's school/park site and improve development plans and road design. There was no one present to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the conveyance of parcel 1, containing 0.334 acres, and parcel 3, containing 0.357 acres (0.691 acres) in exchange for parcel 2, containing 0.156 acres, and parcel 4, containing 0.535 acres (0.691 acres) at the proposed Watermill Development and authorized the Chairman of the Board of Supervisors and County Administrator to execute the necessary deed. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.I. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE BELLWOOD WATER TANK TO TRITON PCS COMPANY L.L.C. Mr. Stith stated that this date and time has been advertised for a public hearing to consider the leasing of County property at the Bellwood Water Tank to Triton PCS Company L.L.C. There was no one present to speak to the issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the leasing of County property at the Bellwood Water Tank to Triton PCS Company L.L.C. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mrs. Humphrey stated that a number of residents have expressed that they feel the use of existing water tanks for tower sites is a good idea. 99-50A 5/25/99 16 .J. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE CLOVER HILL WATER TANK TO TRITON PCS COMPANY L.L.C. Mr. Stith stated that this date and time has been advertised for a public hearing to consider the leasing of County property at the Clover Hill Water Tank to Triton PCS Company L.L.C. There was no one present to speak to the issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the leasing of County property at the Clover Hill Water Tank to Triton PCS Company L.L.C. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.K. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF HOME ACRES SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of Home Acres Subdivision. There was no one present to speak to the ordinance. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JAMES F. HAYES and M. DIANA HAYES, (husband and wife), and HARMON FINCH, JR., and JEAN E. FINCH, (husband and wife), and WILLIAM H. MYERS, III, ("GRANTEE"), a portion of Home Acres Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 4, at Pages 96 and 97. WHEREAS, JAMES F. HAYES and M. DIANA HAYES, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Home Acres Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 4, Pages 96 and 97, by CHAS. B. JOHNSON, dated NOVEMBER 7, 1927 and revised NOVEMBER 27, 1927. The portion of Home Acres Subdivision petitioned to be vacated are more fully described as follows: Lots 1 and 4, Block 11; a 15' alley between Lots 1 through 4, Block 11; a 15' alley between Lots 1 through 4, Block 6; and, a 60' unimproved right of way known as Princeton Avenue, between Lots 1 and 2, Block 11 and Lots 3 and 4, Block 6, Home Acres Subdivision, the location of which is more fully shown on a map prepared by CHESTERFIELD COUNTY, dated APRIL 28, 1999, a copy of which is attached hereto and made a part of this Ordinance. 99-505 5/25/99 WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of subdivision sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of Home Acres Subdivision, be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the map attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portions of the plat vacated. This Ordinance shall vest fee simple title of Lots 1 and 4, Block 11, Home Acres Subdivision in the underlying owners and fee simple title to the centerline of the 15' alley between Lots 1 through 4, Block 6, 15' alley between Lots 1 through 4, Block 11, and 60' unimproved right of way known as Princeton Avenue between Lots 1 and 2, Block 11 and Lots 3 and 4, Block 6 hereby vacated in the adjoining property owners, within Home Acres Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JAMES F. HAYES and M. DIANA HAYES, (husband and wife), and HARMON FINCH, JR., and JEAN E. FINCH, (husband and wife), and WILLIAM H. MYERS, III, or their successors in title, as GRANTEE. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.L. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO BUSINESS LICENSE FEES Ms. Dickson stated that this date and time has been advertised for a public hearing to consider the adoption of ordinance amendments relating to business license fees. She further stated that two options have been advertised -- the first, a rate reduction option which would reduce the January 2000 rates in four of the license categories, including personal services; business services; commission merchant categories; and the professional services category by ten percent, and the second, to exempt $40,000 of gross receipts of a business with gross receipts of $100,000 or more from the gross receipts tax, which 5/25/99 99-506 would apply to all businesses and all categories paying a BPOL tax. She noted that both options are projected to essentially cap the BPOL revenue in FY2000 at the projected FY99 level. Mr. George Peyton, representing the Retail Merchants Association of Greater Richmond, expressed appreciation to the Board for considering a reduction in the BPOL tax and stated that, of the two options, he would favor Option B. He further stated that reducing the~ percentage that~ retailers now pay would be an alternative option. There was brief discussion relative to the Chesterfield Business Council's position relative to reduction of the BPOL tax. Mr. Ramsey stated that, on May 20, 1999, staff met with three members of the Chesterfield Business Council and that they appeared to favor Option A. Mrs. Humphrey expressed disappointment that only'one speaker was present to address the BPOL tax reduction. When asked, Ms. Dickson stated that, in order to allow time for printing and preparation of business license tax bills, the Board would need to make a decision by August 1999 in order to implement the ordinance by January 2000. Mr. Daniel requested that the public hearing be deferred to June 23, 1999 and that a letter be sent to the President of the Chesterfield Business Council and to other business associations notifying them of the deferral due to only one speaker attending the public hearing. Mr. Daniel then made a motion, seconded by Mr. Warren, for the Board to continue the public hearing to consider the adoption of amendments relating to business license fees to June 23, 1999. Mr. Warren stated that it appears the Retail Merchants Association and the Chesterfield Business Council are not in agreement on the option. He further stated that he would like to see an agreement reached between the two organizations relative to the options so that the business community, from both a regional and local standpoint, are in harmony. Senator John Watkins stated that he feels it is very important to get a handle on the BPOL tax and that he urged the General Assembly to eliminate the tax. He further stated that the BPOL tax is the most regressive tax because it imposes a tax, not on profits or the ability of a business to be profitable, but on volume which counteracts the County's desire to keep a balance relative to commercial and residential growth. He referenced Henrico County's capping of the BPOL tax and stated that more revenue is being generated due to more business moving in. He strongly urged the Board to adopt an ordinance to cap the BPOL tax. 99-507 5/25/99 Mr. Warren stated that the Board has already made the decision to cap the BPOL tax, but that they would like input from the business community relative to Option A or B before adopting an ordinance. Mrs. Humphrey expressed appreciation to Senator Watkins for sharing his wisdom relative to the BPOL tax. Mr. Barber stated that he had originally requested that a small working group ,be created..to .reach a. consensus on the two options. He further stated that it is important that the business community have input into the Board's decision to cap the BPOL tax and requested that he be involved in the meeting between the Retail Merchants Association and the business community in an effort to reach a consensus between the organizations relative to reduction of business license taxes. Mr. McHale expressed disappointment in the business community's lack of input at the public hearing and stated that the Board needs to look at the broad spectrum of businesses in an effort to give relief to as many businesses as possible. He further stated that he supports the deferral of the public hearing. Mr. Daniel complimented Mr. Ramsey and County staff for making every possible change in budget projections in an effort to allow for the business license tax reduction. Mr. Daniel called for a vote on the motion made by him, and seconded by Mr. Warren, for the Board to continue the public hearing to consider the adoption of amendments relating to business license fees to June 23, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 16.C. 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 Mr. Stith stated that in February 1999 the Board authorized the Right of Way staff to assist Goodrich River Trust in the acquisition of right of way for the Ashton Creek Business Center and that the County has made an offer which Roslyn Farm Corporation has not agreed to. He further stated that this date and time has been advertised for a 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. John Cogbill, Esquire, representing Roslyn Farm Corporation, stated that the value of the easement remains an issue. He further stated that, to his knowledge, the Board has not used the power of exercising eminent domain prior to the 99-508 5/25/99 determination of just proceedings in the past. a deferral of the matter. compensation in eminent domain He requested that the Board consider Mr. Micas stated that the request for the Board to approve the exercise of eminent domain prior to eminent domain proceedings is an extension of a public utility and serves an economic development interest. He further stated that the property owners disagree-as to the vatue and~that,, typically, this is decided upon in court. Mr. Dunn stated that the County must move forward with the condemnation process due to an economic development prospect. There was brief discussion relative to the effect of a deferral upon the economic development prospect. Mr. Daniel stated that the County wants to move forward with the exercise of eminent domain due to public interest for economic development. When asked, Mr. Micas stated that, if a price for the property is not agreed upon, the value would be set by a jury of commissioners. Mr. Cogbill stated that he feels the issue is whether the need for the subject property rises to the level of a public purpose and that this is not a take for a public purpose -- it is to the benefit of one landowner. He further stated that, if the matter moves forward, one of the issues that the commissioners would determine would be the value of the easement, as improved, which would significantly increase beyond its present value. He again requested that the Board defer the issue. There was brief discussion relative to the County's policy of the use of eminent domain for utility and road easements and to settlement of condemnation issues. Mr. Ramsey stated that this is the first time that the Board has held a public hearing to consider the exercise of eminent domain prior to eminent domain proceedings. After brief discussion, Mr. McHale made a motion for the Board to approve the exercise of eminent domain for the acquisition of right of way and easements for Ashton Creek Business Center and authorized staff to enter and take such property prior to eminent domain proceedings. Mrs. Humphrey seconded the motion. Mr. Daniel called for a vote on the motion made by Mr. McHale, seconded by Mrs. Humphrey, for the Board to approve the exercise of eminent domain for the acquisition of right of way and easements for Ashton Creek Business Center and authorize staff to enter and take such property prior to eminent domain proceedings. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 5/25/99 99-509 8.D.22. AWARD OF CONTRACT TO J. H MARTIN AND TRANSFER OF FUNDS FOR THE ASHTON CREEK BUSINESS CENTER INDUSTRIAL ACCESS PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a contract to J. H. Martin for the Ashton Creek Business Center Industrial Access Project and transferred $437,048 from the Industrial Access Account for the capital investment surety with the understanding'the account will be reimbursed (via a transfer) upon satisfaction of Virginia Department of Transportation's capital investment requirements. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. Mr. Daniel requested a five minute recess. Reconvening: 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 995N0224 In Midlothian Magisterial District, C & G ASSOCIATES requested rezoning and amendment of zoning district map from Agricultural (A) to Neighborhood Business (C-2) of 1.39 acres; from Agricultural (A) to Corporate Office (0-2) of 3.7 acres; from Residential (R-7) to Corporate Office (0-2 of 0.72 acre plus proffered conditions on an adjacent 2.19 acre parcel currently zoned Community Business (C-3) . Further, a Conditional Use Planned Development is requested on the entire property. Office and commercial uses are planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district and village fringe area uses. This request lies on 8.0 acres fronting approximately 375 feet on the south line of Midlothian Turnpike, also fronting approximately 1,200 feet on the west line of Walton Park Road and located in the southwest quadrant of the intersection of these roads. Tax ID 732-707-1234, 3222, 4701 and Part of 1108 (Sheet 7). Mr. Jacobson presented a summary of Case 99SN0224 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. He noted that the request conforms to the Midlothian Area Community Plan. He stated that staff has received an Addendum today amending Proffered Condition 6 and adding Proffered Conditions 22 and 23 which provide further limitations on the uses permitted on the subject property and that, if the Board wishes to consider the new proffers, it would be necessary to first suspend its rules. 99-510 5125/99 Mr. B. K. Katherman stated that the recommendation, including the additional proffered conditions, is acceptable. Ms. Debbie Parker, a resident of Walton Park, expressed appreciation to Mr. Katherman and Mr. Will Shewmake for addressing the issues of the residents of Walton Park. She stated that the residents of Walton Park support the request. On motion of Mr. Barber, seconded by Mr.~Warren, the Board suspended its rules at this time to consider acceptance of the ~.new and amended proffered conditions Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0224 subject to the following condition: The Textual Statement dated April 8, 1999, shall be considered the Master Plan. (P) And, further, conditions: the Board accepted the following proffered o o The public water and wastewater systems shall be used. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead and diseased trees, there shall be no timbering until a land disturbance permit has been obtained from Environmental Engineering and the approved measures installed. A geotechnical report prepared by a consultant who has had previous mining/geotechnical experience in reclamation of mine shafts, shall be submitted to the Environmental Engineering Department in conjunction with any site plan submission. Upon review by Environmental Engineering, or their designee, the report may either be accepted or revisions requested and, if revisions are requested, resubmitted in the same manner for review and acceptance by Environmental Engineering, or their designee. The report shall include, but not be limited to, the following: a o The location and analysis to include, but not be limited to, type (e.g., mine entrance shaft, air vents, unsuccessful exploratory pits, etc.), size, and depth of any mining pits or tailing heaps; bo Fill-in/reclamation procedures; setbacks between the perimeter of any shaft; and any other safety measures intended to protect the health, safety and welfare of people and structures; 99-511 5/25/99 0 ¸6. o c o The impact of any horizontal shafts on construction and future health, safety and welfare issues; do The location and number of soil borings and depth necessary to confirm that the building site is not impacted by any horizontal shafts; and e o The allowable building envelopes and location based on the geotechnical recommendations. Development shall comply with the recommendations of the accepted report. Ail former mining activity shall be filled in/reclaimed under the direction of a consultant who has had previous mining/geotechnical experience in reclamation of mine shafts. Ail reclamation shall be observed by the geotechnical expert and shall be certified as to compliance with the recommendations established in the accepted report. Prior to the release of any building permit, a copy of the certification shall be submitted to Environmental Engineering. At the time of site plan review and approval, conditions may be imposed to address any identified impacts outlined in the report referenced in Proffered Condition 3. Any found mining pits or tailing heaps and the allowable building envelopes as established by the report outlined in Proffered Condition 3 shall be shown on the site plan. The site plan shall include a statement that the only pits found on the site are those shown on the site plan. For those sites where there is no found mining pits or tailing heaps, the report outlined in Proffered Condition 3 shall confirm that such information is not necessary. The uses permitted on the C-3 tract shall be limited to those use permitted by right and with restrictions in the C-2 District, except as restricted by Proffered Conditions 22 and 23, plus the following uses: Cocktail lounges provided that they are accessory to a restaurant. b. Motor vehicle washes provided that they are accessory to a permitted or restricted use. c. Recreational establishments, commercial indoor. d. Restaurants, to include carry out and fast food provided however that fast food restaurants shall not be permitted in Tracts 2 and 4B. Any above-ground facilities required for water quantity or quality control located within any required setbacks along public right-of-way shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities 5/25/99 99-512 0 10. 11. 12. 13. 14. 15. for, uses developed on the property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the Planning Department of the Walton Park Homeowners' Association of the submission of any site plan. Such notification shall occur as soon as practical, but in no event less than.twenty-one (21) days prior to approval or disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Department. Provided the monthly electric service is paid through the street light program, the developer shall be responsible for installation of decorative street lighting similar in design to the light fixture specified in The Midlothian Village Technical Manual shall be provided along all public roads adjacent to the site. Spacing shall be approximately seventy-five <75) feet on center. Ail on- site freestanding street light fixtures shall be compatible with the aforementioned street lights. Type 11 landscaping as referenced in The Midlothian Village Technical Manual shall be provided along North Woolridge Road. Internal sidewalks shall be extended through sites to facilitate pedestrian movements from buildings and parking areas to the sidewalks along public rights of way. The exact location and design of the sidewalks shall be reviewed and approved at the time of site plan review. The architectural style, materials and colors of buildings shall be compatible with that which exists in the development located on 732-707-5241 and 7346 (Walgreens and Amoco The uses permitted at the northeast quadrant of the intersection of North Woolridge Road and Walton Park Road Relocated (the southern part of Tract 3B, as shown on "The Zoning Map"), shall be limited to child care centers. Direct access from the property to Route 60 shall be limited to one (1) entrance/exit, located at the western property line. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of this access with adjacent parcels to the west. Direct access from the property to North Woolridge Road shall be limited to two (2) entrances/exits; one (1) on each side of North Woolridge Road. These accesses shall 5/25/99 99-513 be located as generally shown on the plan prepared by Balzer & Associates, Inc., titled "Zoning Plan", dated April 8, 1999. The exact location of these accesses shall be approved by the Transportation Department. Prior to any site plan approval, access easements, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of these accesses with adjacent parcels. 16. No direct access shall~be .provided from the property to Walton Park Road Relocated. 17. To provide an adequate roadway system, the developer shall be responsible for the following: a o Construction of additional pavement along the eastbound lanes of Route 60 at the approved access to provide a right turn lane based on Transportation Department standards; bo Construction of additional pavement along North Woolridge Road at each approved access to provide right turn lane(s) based on Transportation Department standards; Construction of a sidewalk along the south side of Route 60 for the entire property frontage; do Construction of a sidewalk along the north side of Walton Park Road Relocated for the entire property frontage; Construction of a sidewalk along the west side of Walton Park Road for the entire property frontage; Relocation of the ditch to provide an adequate shoulder or construction of curb and gutter along the east and west sides of Walton Park Road for the entire property frontage; and g0 Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified above. 18. Prior to any site plan approval, a phasing plan for the required road improvements as identified in Proffered Condition 17, shall be submitted to, and approved by, the Transportation Department. 19. Prior to any site plan approval for property located on the east side of North Woolridge Road, thirty (30) feet of right of way for Walton Park Road, measured from the centerline of that part of Walton Park Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 5/zst99 99-514 20. With the exception of those uses permitted by right or with restrictions in the Corporate Office (0-2) District, no use to include a child care center shall be open to the public between 12 midnight and 6:00 a.m. 21. In tracts 2 and 4B, no use shall be permitted which has on-site consumption of alcoholic beverages. 22. The following uses shall be prohibited in the C-2 and C-3 tracts: 23. a. Coin-operated dry cleaning, laundry or laundromats. b. Rental of party equipment; small home hardware; tools; and equipment. Satellite dishes shall only be permitted if the following conditions are met: a. The dish shall be accessory to a permitted principal use. The diameter of the dish shall not exceed twelve (12) feet; and C · The dish shall be screened from view of adjacent properties and public rights of way. The exact method of screening shall be approved by the Planning Department at the time of site plan review. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0166 In Dale Magisterial District, PARKER HOMES, INC. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit Corporate Office (0-2) uses and bulk exceptions. A single family residential subdivision with a minimum lot size of 12,000 square feet, together with 0-2 uses, is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The density of the 0-2 uses will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre and mixed use corridor uses. This request lies on 3.4 acres fronting approximately 100 feet on the east line of Iron Bridge Road, approximately 100 feet south of Willowbranch Drive, also fronting approximately 424 feet on Willowbranch Drive and located southeast of the intersection of these roads. Tax ID 773-675-2157 and 4748 (Sheet 22). Mr. Jacobson presented a summary of Case 99SN0166 and stated that the applicant has not offered to address the impact of every dwelling unit on capital facilities; rather, the 99-515 5/25/99 applicant had agreed to address the impact of more than two dwelling units. He further stated that currently two homes could be built on the subject property. He stated that staff recommends approval subject to the applicant addressing the impacts on capital facilities, consistent with the Board's policy. He further stated that the Planning Commission was comfortable with the proposed proffer, recognizing the unique circumstances that two houses could currently be built on the property, and recommended approval and acceptance of the proffered conditions He noted that the request conforms to the Central Area Plan. Mr. Richard Minter, representing the applicant, stated that the Planning Commission's recommendation is acceptable. He stated that he does not understand why a request had been made to address the impacts on two dwelling units already permitted on the property. When asked, Mr. Jacobson stated that the Board's policy provides for consideration of unique circumstances and that, in the opinion of the Planning Commission, such a circumstance exists. There was no opposition present. There was brief discussion relative to the cash proffer made by the applicant. On motion of Mr. Daniel, seconded by Mr. Barber, the Board approved Case 99SN0166 and accepted the following proffered conditions: 1. The public wastewater system shall be used. 0 The applicant, subdivider or assignee(s) shall pay the following for dwelling units developed in excess of two (2) to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property: a o $6200 per dwelling unit, if paid prior to July 1, 1999; or the amount approved by the Board of Supervisors not to exceed $6200 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost index between July 1, 1998, and July 1 of the fiscal year in which the payment is made after June 30, 1999. In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payer. o No direct access shall be provided from the property to Route 10. Access for the property shall be provided to 5125/99 99-516 Willowbranch Drive. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across that part of the property identified on the Master Plan as "Proposed R-12 Zoning with 0-2 Use" to provide shared use of the Willowbranch Drive access with adjacent properties to the south and with the property in the southeast corner of the Willowbranch Drive/Route 10 intersection. 4. Prior to any site plan approval, one hundred (100) feet of right of way on the east side of Route 10, measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted to and for the benefit of Chesterfield County. o Prior to issuance of occupancy permit for any 0-2 use, the developer shall construct or provide for construction of (As approved by the Transportation Department) an additional lane of pavement along the northbound lanes of Route 10 for the entire property frontage. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right of way {or easements) required for this road improvement. 0 The plan prepared by Ports, Minter and Associates, P.C. dated September 24, 1998 entitled "Compiled plat showing proposed rezoning of the property of the Barden Family living Trust, Dale District, Chesterfield County, Virginia" shall be considered the Master Plan. o Development on the "Proposed R-12 Zoning and Use" portion of the property shall be limited to a maximum of four {4) residential lots. Development on the "Proposed R-12 Zoning with 0-2 Use" portion of the property shall be limited to Corporate Office (0-2) uses. ° Except where the requirements of the underlying R-12 zoning are more restrictive, development of the "Proposed R-12 Zoning with 0-2 Use" portion of the property shall conform to the requirements of the County Code for Corporate Office (0-2) Districts in Emerging Growth Areas. 10. The architectural treatment and materials of any office building(s) shall be similar to the office development in Chesterfield Meadows Office Park on Memory Lane. The exact treatment shall be approved by the Planning Department at the time of site plan review. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99-517 5/25/99 98SN0186 In Dale Magisterial District, WALTER W. MARSH requested rezoning and amendment of zoning district map from Agricultural (A) to Light Industrial (I-l) . 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 29.4 acres fronting approximately 1,075 feet on the north line of Cogbill Road, approximately 580 feet east of Belmont Road. GPIN 763-677-Part of 7240 (Sheet 22). Mr. Jacobson presented a summary of Case 98SN0186 and stated that the Central Area Plan calls for light industrial uses on the subject property as well as property closer to the airport. He further stated that the applicant is proposing light industrial uses with use restrictions that conform to the Central Area Plan; a fifty foot buffer along the eastern and northern property lines adjacent to existing residential and vacant parcels; and quality architectural landscaping and standards provided in Proffered Condition 8. He stated that staff had originally recommended that public water and sewer be used and that, since the Planning Commission meeting, the applicant has proffered the use of public wastewater system; therefore, the staff recommends approval of the proposed rezoning. He further stated that the Planning Commission recommended denial due to concerns about private septic tank systems and failure of the applicant to include the entire property in the request, provide a comprehensive plan and provide more details of the proposed development. Mr. Walter Marsh stated that, since the Planning Commission meeting, he has offered a proffered condition that the public waste water system be used. He further stated that, due to the noise at the airport, residential, schools and many other uses would be inappropriate. He stated that, during the deliberations on the Central Area Plan, it was decided that light industrial is the appropriate use for the area adjacent to the Airport. He further stated that it is his desire to develop the subject property as an industrial park and that, until he knows what users are available, it is necessary to maintain flexibility and not have a defined plan as to how the property will be divided. He stated that he has proffered to develop the subject property in a campus style setting; to install landscaping; and to use public water and wastewater. He requested to be allowed to speak to any opposition. Mr. Robert Brandt, a resident of Cogbill Road, recognized three residents of the Belmont/Robinwood/Cogbill area, who were present at the meeting. He presented the Board with a petition, containing approximately sixty signatures, in opposition to the proposed development. He expressed concerns relative to the mini-storage facility planned for the eastern- most parcel of the subject property and stated that the petitioners do not feel it is an appropriate use. He further expressed concerns relative to no specific comprehensive plan for the remainder of the property; no plans for widening and 5/25/99 99-518 straightening Belmont and Cogbill Roads; increased traffic; inadequate buffering; problems created by the lack of owner occupied dwellings; lack of lighting and protection for citizens after hours; and the potential existence of wetlands. He referenced prior attempts at development of the subject property and stated that the County found it not in the best interest of the Airport. He requested that the Board deny the proposed request. Mr. David Craig, a resident of Robinwood Drive, expressed concerns relative to the "jail-look"~ of the proposed storage facility and the potential negative impact on area property values. Mr. Marsh stated that he feels a mini-storage facility would be a quiet and lower-intensity use for the subject property and that his proffers address buffering and the appearance of the proposed facility. He further stated that he has proffered road improvements along Belmont and Cogbill Roads and that the Central Area Plan deals with the issue of non-owner occupied buildings on the subject property. He stated that the Corp of Engineers provides restrictions for wetlands and, therefore, a proffer to protect wetlands is not necessary. Mr. Daniel stated that he recently cautioned the Board on its liberally allowing anything in the area that appeared industrial. He further stated that, on July 29, 1998, the Board remanded this case to the Planning Commission and that the Planning Commission recommended denial for the second time on April 20, 1999. He stated that the applicant has now proffered the use of public' wastewater. He further stated that, in the Planning Commission's judgment, the entire tract should be zoned and planned. He stated that a comprehensive plan, including Parcel A, would give area residents an idea as to how the property would be developed and that the appearance of the end product of the development is currently unclear. He expressed appreciation to Mr. Marsh for offering the wastewater proffer. There was brief discussion relative to incorporation of the entire property into the rezoning case. Mr. Micas stated that the Board cannot force the applicant to include additional property in the zoning request. He further stated that the Board can deny the request due to inadequate planning and send the message that additional acreage needs to be included to have approval. He stated that another option would be for the applicant to request a delay on the zoning of this parcel for the purpose of adding the additional acreage and then returning to the Planning Commission for consideration of the zoning request, including the additional acreage. There was brief discussion relative to the request returning to the Board with an integrated plan to include additional property. When asked, Mr. Jacobson stated that the staff report includes 5/25/99 99-519 a condition providing for a fifty foot buffer and that the Planning Commission could reduce the dimensions of the buffer under certain circumstances. He further stated that, if the Board so desires, they can impose a condition that the buffer cannot be reduced. There was brief discussion relative to the screening of future development from Cogbill Road. When asked, Mr. Marsh stated that he would agree,to include the entire acreage in his zoning request so that it can be looked at as a comprehensive plan. Mr. Daniel made a motion for the Board to defer Case 98SN0186 until August 25, 1999 for the purpose of allowing the applicant to add additional acreage and then refer the zoning case to the Planning Commission to consider the additional acreage. There was brief discussion relative to the applicant refiling a new zoning case as a comprehensive plan. Mr. Daniel suggested that the applicant meet with area residents to keep them informed as to the progress on the issues raised. Mr. Warren seconded the motion made by Mr. Daniel. Mr. Jacobson stated that, if the request is deferred and the applicant only files a new application for the currently zoned agricultural tract, there could not be a comprehensive plan integrating the two parcels -- they would be considered as two separate zoning cases. He further stated that the applicant should be advised to refile a new application for the entire tract. There was brief discussion relative to the applicant's options. Mr. Jacobson stated that if the request is deferred, it would allow the applicant to file a zoning application including the entire tract. He further stated that the other option would be to remand the current request to the Planning Commission with instructions about integrating the two parcels. Mr. Daniel stated that he prefers to defer the request for ninety days and allow the applicant to make application for integrated zoning which would define the comprehensive plan for the entire tract. Mr. Barber expressed concerns relative to a second zoning application and a second set of fees. Mr. Marsh questioned the possibility of remanding the request to the Planning Commission, thereby allowing him to expand the acreage without incurring additional fees. Mr. Micas stated that the applicant would still have to pay a fee for adding the additional acreage. 99-520 5/25/99 There was brief discussion relative to waiving the application fee. Mr. Daniel amended his motion for the Board to remand Case 98SN0186 to the Planning Commission to allow the applicant to integrate both parcels as a comprehensive plan. Mr. Warren seconded the amended motion made by Mr. Daniel. Mr. Daniel called for a vote on the motion made by him, seconded by Mr. Warren, for the Board to. remand Case 98SN0186 to the Planning Commission to allow the applicant to amend the application to include the entire parcel and to develop a comprehensive plan. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 99SN0243 In Matoaca Magisterial District, BUILDER RESOURCE AND DEVELOPMENT COMPANY requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) . A single family residential subdivision with a minimum lot size of 15,000 square feet and an average lot size of 22,000 square feet is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The applicant has agreed to limit development to a maximum of thirty-two (32) lots, yielding a density of approximately 1.5 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 21.38 acres fronting in two (2) places for approximately 1,800 feet on the north line of Powhite Parkway, approximately 800 feet south of Courthouse Road. Tax ID 744- 694-4362 (Sheet 14). Mr. Jacobson presented a summary of Case 99SN0243 and stated that the issue relates to the failure of the applicant to fully address the impact on capital facilities consistent with the Board's policy. He further stated that staff recommends approval subject to the applicant adequately addressing the impacts on capital facilities, consistent with the Board's policy and that the Planning Commission recommends approval and acceptance of the proffered conditions as submitted by the applicant and stated that there were unique circumstances relative to the subject property, including infill development and substantial reduction by the applicant in the development density than previously existed within the area. Mr. John Easter, representing the applicant, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. Mrs. Humphrey stated that interpretations of the cash proffer policy have been addressed and that the applicant has agreed to 5/25/99 99-521 fully address the impact on school facilities. She further stated that the applicant has proffered square footage requirements consistent with area development. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 99SN0243 and accept the following proffered conditions: Cash Proffer. The applicant, subdivider, or assignee(s) shall pay $5,600 per lot to the County of~ Chesterfield, prior to the time of building permit application, for each new dwelling unit for infrastructure improvements within the service district for the Property. At the time of payment, the $5,600 will be allocated such that the impact on school facilities is fully addressed, with any balance remaining allocated pro-rata among the facility costs as calculated annually by the County Budget Department for roads, fire stations, parks and library facilities. A dwelling unit shall be subject to this condition if its foundation lies entirely within the bounds of the property which is the subject of this request. Setback. A one hundred (100) foot setback, exclusive of required yards, shall be provided from the right-of-way for Powhite Parkway in the area shown on Appendix A. Natural vegetation shall be ~retained within this setback area, unless removal of the vegetation is approved by the Planning Commission. Lot Size. The overall average lot size shall be 22,000 square feet, and the minimum lot size shall be 15,000 square feet. o Density. The density of development on the Property shall be limited to no more than thirty-two (32 lots. Minimum Floor Area. Subject to the following two further limitations, the minimum gross floor area for homes shall be: 1,600 square feet for one story homes; and 1,800 square feet for homes of more than one story. a) Ail homes on lots adjacent to Section 3 of the Wedgewood subdivision shall have a minimum of 1,950 square feet gross floor area. b) Homes with less than 1,800 square feet gross floor area shall be permitted on a maximum of eight lots and shall not be located on any two adjacent lots that front on the same side of a road. o Timbering Restriction. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. 99-522 5/25/99 Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 18. ADJOURNMENT On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board adjourned at 9:35 p.m. until June 23, 1999 at 4:00 p.m. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. coaunnet ~' A~a .mlnS~ sYt rat ~,r 99-523 5/25/99