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10-27-99 MinutesBOARD OF SUPERVISORS MINUTES October 27, 1999 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr Craig Bryant, Dir., Utilities Mr Steven Calabro, Dir., County Airport Ms Jana Carter, Youth Services Ms Marilyn Cole, Asst. County Administrator Ms Rebecca Dickson, Dir., Budget and Management Ms Lisa Elko, Clerk Deputy Chief Paul Mauger, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Sheriff Clarence Williams, Sheriff's Department Mr. Thomas A. Taylor, Dir. Block Grant Office Mr. Daniel called the regularly scheduled meeting to order at 4:01 p.m. 1. APPROVAL OF MINUTES FOR OCTOBER 13, 1999 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the minutes of October 13, 1999, as submitted. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99-830 10/27/99 2. COUNTY ADMINISTRATOR'S COMMENTS Before calling upon Mr. Ramsey for his comments, Mr. Daniel stated that Mr. Ramsey gave his State of the County Address last Friday. He further stated that it was one of the most positive presentations of what is happening in Chesterfield County. Mr. Ramsey introduced Ms. Shearer Pettigrew, Program Coordinator for the Muscular Dystrophy Association to make a presentation to the Fire Department for their participation in the Fill the Boot Drive. Ms. Pettigrew presented plaques to Deputy Chief Mauger, Lieutenant Peter Svoboda and Firefighter Mark Vaeth and expressed appreciation for the firefighters' efforts in the Fill the Boot Drive. She noted that the firefighters raised $22,254. Lieutenant Svoboda stated that Chesterfield surpassed Henrico County and the City of Richmond and two other localities in the area. He expressed his appreciation to the Fire Department and civilian employees for their support. He expressed special appreciation to Firefighter Vaeth who coordinated the Association's efforts for this project. Deputy Chief Mauger stated that this was a tribute to all men and women that represent the Fire Department for their support in these types of community projects. Firefighter Vaeth noted that this was during the Hurricane and yet we still beat Henrico and the other localities. Mr. Ramsey introduced Mr. Bob Cooper of the Department of Corrections to make a presentation. Mr. Cooper recognized Chesterfield Sheriff's Office and stated that the County Jail recently completed its certification by the Department of Corrections with a hundred percent score. They have been upgraded to Unconditional Certification, which is a tribute to the staff at the Jail. Sheriff Williams expressed his appreciation to Mr. Cooper for the plaque and stated this is a great achievement for the staff at the Jail and recognized them. He expressed appreciation to the Board and County Administrator for their support. 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. Barber, seconded by Mr. McHale, the Board replaced Item 8.B.6., Approval of Lease of Property for the South District Police Station; added Item 8.B.17., Award of Construction Contract to Curtex Construction Corporation for the Construction of the Chester Branch Library; replaced Item 14.C., A Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout; added Item 14.D., A Resolution Recognizing the Forest View Volunteer Rescue Squad for their Outstanding Performance in the Virginia Association of Volunteer Rescue 99-831 10/27/99 Squad Competition; added Item 14.E., A Resolution Recognizing the Bensley-Bermuda Rescue Squad for their Outstanding Performance in the Virginia Association of Volunteer Rescue Squads Competition; and, adopted the Agenda, as amended. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions and special recognitions at this time. 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS o DEFERRED STREETLIGHT INSTALLATIONS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved up to $5800.00 to handle the most critical streetlight requests in South Creek and asked staff to work with the neighborhood to determine which installation these monies would be used for. And, further the Board deferred the remainder of the South Creek streetlight requests until ninety days prior to the new fiscal year. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 8.A. APPOINTMENTS o DRUG AND ALCOHOL ABUSE TASK FORCE On motion of Mr. Daniel, seconded by Mr. McHale, deferred all appointments until January 1, 2000. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. the Board 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTION RECOGNIZING MR. BRAN-DON WALSH, UPON ATTAINING RANK OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: 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 99-832 10/27/99 a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Brandon Woodruff Walsh, Troop 869, sponsored by Salisbury Presbyterian 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, Brandon 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. Brandon Woodruff Walsh 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. 8 .B.2. AWARD OF CONSTRUCTION CONTRACT TO POWERS PAVING, INCORPORATED FOR THE STONEHENGE DRAINAGE PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract in the amount of $217,929 to Powers Paving, Incorporated for the Wexwood Drive Drainage Project in Stonehenge Subdivision; authorized the County Administrator to execute the necessary documents; and appropriated $240,000 from the 60/147 Eastern Drainage District. (It is noted a copy of the parcel map is filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 8.B.3. APPROVAL OF CHANGE ORDER FOR THE PUBLIC SAFETY COMMUNICATIONS SYSTEM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a credit change order in the amount $114,500 to Motorola, Incorporated for the Public Safety Communications System to remove Motorola from their obligation and awarded the entire fiber optic installation to the County's Sub-Contractor, Dvorak Construction. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 8.B.4. SET DATE FOR PUBLIC HEARING FOR FY2000 SCHOOL BOARD GRANT REVISIONS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of November 23, 1999 at 7:00 p.m. for a public hearing for FY2000 School Board grant revisions. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99-833 10/27/99 8.B.5. ACCEPTANCE OF A PARCEL OF LAND FROM WILLIAM B.AND GENE H. DUVAL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 8.9936 acres from William B. and Gene H. Duval 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.B.6. APPROVAL OF LEASE OF PROPERTY FOR THE SOUTH DISTRICT POLICE STATION After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a lease with LaVerne Cole and S. W. Funk for a building to be constructed for the South District Police Station and authorized the County Administrator to execute the lease agreement. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 8 .B.7. AUTHORIZATION TO VACATE AND RE-DEDICATE A COLUMBIA GAS EASEMENT ACROSS THE PROCTORS CREEK WASTEWATER TREATMENT PLANT PROPERTY 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 for the relocation of a gas easement across the Proctors Creek Wastewater Treatment Plant property. (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.B.8, REQUESTS FOR PERMISSION 8,B.8.a. FROM PRICE DESIGNS, INCORPORATED FOR A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE A RESIDENCE ON WOODS EDGE ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Price Designs, Incorporated for the installation of a private water service within a private easement to serve a residence at 14235 Woods Edge Road. (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.B.8,b. FROM JOHN T. PATRICK AND THOMAS P. LOUG~RAN TO CONSTRUCT A SIGN ON COUNTY PROPERTY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from John T. Patrick and Thomas P. Loughran 9s-834 m0/27/gs to construct a sign on County property, 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.B.8.¢. FROM RAMON J. NAVARRO AND ANITA M. NAVARRO TO CONSTRUCT A FENCE WITHIN A SIXTEEN FOOT SEWER EASEMENT AND A SIXTEEN FOOT DRAINAGE EASEMENT IN SHENANDOA~ HILLS, SECTION B On motion of Mr. McHa!e, seconded by Mrs. Humphrey, the Board approved a request from Ramon J. Navarro and Anita M. Navarro to construct a fence within a sixteen foot sewer easement and a sixteen foot drainage easement across Lot 1, Block A, Shenandoah Hills, Section B 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.B.8.d. FROM DAVID JACON-DUFFY AND MICHELE JACON-DUFFY TO CONSTRUCT A FENCE WITHIN A TEN FOOT UTILITY AND DRAINAGE EASEMENT IN BAYHILL POINTE, SECTION I On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from David Jacon-Duffy and Michele Jacon- Duffy to construct a fence within a ten foot utility and drainage easement across Lot 9, Bayhill Pointe, Section 1, subject to the execution cf a license agreement. (It is noted a copy of the plat if filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 8.B.9. APPROVAL OF REQUEST TO QUITCLAIM SEWER AND WATER EASEMENTS ACROSS PROPERTY OF THE GROVE, L.P., TOMAC CORPORATION AND PROSPECT HOMES OF RICHMOND 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 quitclaim deeds to vacate sewer and water easements across property of The Grove, L.P., Tomac Corporation and Prospect Homes of Richmond. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 8.B.10. APPROVAL OF UTILITY CONTRACTS 8.B.10.a. FOR BAYHILL POINTE, SECTION 9 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following Utility Contract for Bayhill Pointe, Section 9 - Contract Number 99-0106, which includes the extension of 907 L.F. ± of twelve inch oversized water lines: Developer: Bayhill Development Corporation Contractor: Coastal Utilities, Inc. Contract Amount: Estimated Total - $116,805.10 99-835 10/27/99 Total Estimated County Cost: Water (Oversizing) Estimated Developer Cost Code: (Refund thru connections - Oversizing) District: Matoaca $8,199.50 $108,605.60 5B-572V0-E4C (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.B.10.b. FOR 8731 BELMONT ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following Utility Contract for 8731 Belmont Road - Contract Number 97-0032/3, which consists of 165 L.F. ± of twelve inch oversized water lines, which includes 155 L.F. ± of offsite water improvements: Developer: Tyree A. and Patricia D. Newton Contractor: Bookman Construction Company Contract Amount: Estimated Total - Total Estimated County Cost: Water (Oversizing) Water (Offsite) Estimated Developer Cost Code: (Cash Refund - Oversizing) (Refund thru connections - Offsite) District: Dale $5,000.00 $1,402.50 $1,123.75 $2,473.75 5B-572W0-E4C 5B-572V0-E4D (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 .B.11. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUI~D POWER LINE TO PROVIDE LIGHTING FOR THE WATKINS ELEMENTARY SCHOOL SOCCER FIELD 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 Virginia Electric and Power Company to install an underground power line to provide lighting for Watkins Elementary School soccer field located at 501 Coalfield Road. (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 .B.12. ACCEPTANCE AND APPRQPRIATION OF FUNDS FOR CHILD CARE FOR CHILDREN WITH SPECIAL NEEDS INITIATIVE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted and appropriated $26,450 in federal funds for continuation of the Child Care for Children with Special Needs Initiative. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99-836 10/27/99 8.B.13. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO APPLY FOR AND ACCEPT A FEDERAL AVIATION ADMINISTRATION GRANT AMENDMENT AND APPROPRIATION AND TRANSFER OF FUNDS FOR AIRPORT IMPROVEMENT PROJECTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to apply for and accept a Federal Aviation Administration grant amendment and enter into contracts with the Federal and State Governments for expenditure of said funds; appropriated $69,072 in federal funds; and transferred $7,675 ($1,535 in local match funds and $6,140 in state grant funds) which the rehabilitation of additional medium intensity taxiway lights and the installation of precision approach path indicators at the County Airport. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 8,B.14. APPROPRIATION OF FUNDS FOR THE SALEM CHURCH ROAD PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $485,000 in anticipated Virginia Department of Transportation supplemental reimbursements for the Salem Church Road Project (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Daniel, Warren, Barbez, Humphrey, and McHale Nays: None. 8.B.15. AWARD OF CONTRACT TO JAMES FOX AND SONS AND APPROPRIATION OF FUNDS FOR MILLSIDE EMERGENCY ACCESS ROAD - CONCRETE FORD REPLACEMENT After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a contract to James Fox and Sons for the Millside Emergency Road - Concrete Road Replacement in the amount of $113,300; appropriated $160,000 in insurance recovery funds; and authorized the County Administrator to execute contract documents. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 8.B.16, AUTHORIZATION TO INITIATE AN APPLICATION TO ALLOW A REDUCTION OF SETBACK FOR A BUILDING ADJACENT TO A PUBLIC RIGHT OF WAY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board initiated a variance/administrative variance application to allow a 12.5 foot reduction to the twenty-five foot building setback from the ultimate right of way of Old Buckingham Road for tax parcel 732-707-1993. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99-837 10/27/99 8.B,17. AWARD OF CONSTRUCTION CONTRACT TO CURTEX CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF THE CHESTER LIBRARY After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract in the amount of $2,017,373 to Curtex Construction Corporation; appropriated $70,000 in library cash proffers for the construction of the Chester Branch Library; and authorized the County Administrator to award the construction contract. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 9, HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, and seconded by Mr. Warren, the Board accepted the following reports: A report on Developer Water and Sewer Contracts; a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund and Lease Purchases. And further, the Board accepted the following roads into the State Secondary System: ADDITIONS LENGTH BIRKDALE, SECTION 9 - (Effective 9/30/99) Easton Ridge Place (Route 5057) - From Route 5021 to 0.12 Mile North Route 5021 0.12 Royal Birkdale Drive (Route 5021) - From Route 5057 to 0.01 Mile East Route 5057 0.01 Royal Birkdale Drive (Route 5021) - From 0.09 Mile Northeast Route 5041 to Route 5056 0.09 Royal Birkdale Drive (Route 5021) - From Route 5056 to Route 5057 0.07 Sunningdale Terrace (Route 5056)- From Route 5021 to 0.17 Mile North Route 5021 0.17 COURTHOUSE ACRES, SECTION 1 - (Effective 9/30/99) Courthouse Acres Drive (Route 6061)- From Route 6057 to 0.19 Mile West Route 6057 0.19 Courthouse Acres Drive (Route 6061) - From Route 0.02 Mile West Route 6057 to Route 6057 0.02 Crawford Wood Drive (Route 6057) - From Route 6061 to 0.02 Mile South Route 6058 0.06 INVANWOODS - (Effective 9/17/99) Ivan Road (Route 4787) - From 0.06 Mile North Route 1364 to Route 602 0.22 Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99-838 10/27/99 After brief discussion, Mr. Barber made a motion, seconded by Mr. Warren, for the Board to suspend the rules to allow reconsideration of the Drug and Alcohol Abuse Task Force appointment, a matter already voted on. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mrs. Humphrey: Aye. Mr. Daniel: Nay. Mr. Warren: Aye. Mr. Barber: Aye. Since suspension of the Board's rules calls for a unanimous vote, the motion failed. 1!. DINNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502 for dinner. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. Reconvening: 12. IN-VOCATION Mr. Stegmaier gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Lloyd Matthews led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING NOVEMBER 8, 1999 AS "CHESTERFIELD COUNTY PLANNING DAY" Mr. Jacobson provided information about why ~'Planning Day" is observed and then introduced the representatives from Bensley Village, Brandermill, Meadowbrook, Ettrick Village and Bon Air Village and members of the Chesterfield County Planning Commission who were present to receive their resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, November 8, 1999 is the 50th Anniversary of "World Town Planning Day;" and WHEREAS, "World Town Planning Day" is an opportunity to highlight the contributions sound planning make to the quality of our settlements, the natural and built environment and to celebrate American accomplishments in making collective decisions concerning our communities that bring quality and meaning to our lives; and WHEREAS, the celebration of "World Town Planning Day" gives us the opportunity to publicly recognize the participation and dedication of the members of the Chesterfield County Planning Coramission aN.d other citizen planners who have contributed their time and expertise to the improvement of Chesterfield County; and 99-839 10/27/99 WHEREAS, we recognize the many valuable contributions made by professional planners, architects, engineers, landscape architects and developers in the planning, design and construction of our County; and WHEREAS, these efforts have contributed towards building better neighborhoods and communities. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County, Virginia publicly recognizes November 8, 1999 as "Chesterfield County Planning Day" in the County of Chesterfield, Virginia in conjunction with the worldwide celebration of "World Town Planning Day." Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. Each Board member presented framed planning maps and executed resolutions to their representatives from Bensley Village, Brandermill, Meadowbrook, Ettrick Village and Bon Air Village and their individual Planning Commissioners. 14.B. RECOGNIZING MS. MICHAELE GUARINO UPSHUR FOR HER COMMITMENT TO THE IMPORTANCE OF THE JAMES RIVER AS A REGIONAL RESOURCE Mr. Golden introduced Ms. Michaele Guarino Upshur who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, community service is one of the greatest assets and traditions of Chesterfield County; and WHEREAS, Ms. Michaele Guarino Upshur has demonstrated through inspirational leadership, vision and commitment the importance of the James River as a regional resource; and WHEREAS, Ms. Upshur has worked tirelessly as a major force in developing partnerships among the various jurisdictions, regional organizations and private entities on behalf of the river; and WHEREAS, the cooperative efforts of Ms. Upshur, Kingsland Reach Marina and Honda House Marine have demonstrated exemplary support for achieving community/private partnerships; and WHEREAS, Ms. Upshur's generous support facilitated the donation of a pontoon boat to Chesterfield County Parks and Recreation suitable for providing water-based programs, and increased public access to the Dutch Gap Conservation Area; and WHEREAS, Ms. Upshur has participated in and supported the regional Parade of Lights event for ten years and has provided support and assistance in Chesterfield County's first recognized River Cleanup in June 1999; and WHEREAS, Ms. Upshur continues to offer leadership and financial support in organizing a regionally based cleanup on the James River for the year 2000. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Michaele Guarino Upshur for her leadership, enthusiasm and generous support for the citizens of Chesterfield County and the James River. 99-840 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Upshur and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. Mr. McHale presented the executed resolution to Ms. Upshur accompanied by Mr. Henry Upshur; Mr. Walter Heyer, Executive Director of Henricus; Mr. Peter Cleal, member of the James River Advisory Council and Ms. Janit Potter, Executive Director of Friends of Chesterfield Riverfront and expressed appreciation for the support she provided to the riverfront projects. Ms. Upshur expressed her appreciation to the Board for the recognition. 14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 14.C.1. THOMAS FRANKLIN STEWART, JR., MIDLOTHIAN DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Thomas Franklin Stewart, Jr., Troop 869, sponsored by Salisbury Presbyterian 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, Thomas 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. Thomas Franklin Stewart, Jr. and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. Mr. Barber presented the executed resolution and patch to Mr. Stewart, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 99-841 10/27/99 14.C.3. BRIAN CHRISTOPHER BARKER, MIDLOTHIAN DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Brian Christopher Barker, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Brian 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. Brian Christopher Barker 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. Barker, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 14.C.4. LLOYD ERVIN MATTHEWS, CLOVER HILL DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Lloyd Ervin Matthews, Troop 455, sponsored by The Boys and Girls Club of Richmond, has accomplished those 99-842 10/27/99 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, Lloyd 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. Lloyd Ervin Matthews 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. Warren presented the executed resolution and patch to Mr. Matthews, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 14.D. RECOGNIZING THE FOREST VIEW VOLUNTEER RESCUE SQUAD FOR THEIR OUTSTANDING PERFORMANCE IN THE VIRGINIA ASSOCIATION OF VOLUNTEER RESCUE SQUAD COMPETITION Deputy Chief Paul Shorter introduced Ms. Gayle Weatherford of Forest View Rescue Squad who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Forest View Volunteer Rescue Squad has provided emergency medical service to the citizens of Chesterfield County since 1954; and WHEREAS, the Forest View Volunteer Rescue Squad is an active member of the Virginia Association of Volunteer Rescue Squads; and WHEREAS, in September 1999, in Virginia Beach, Virginia, the Virginia Association of Volunteer Rescue Squads held its 65th annual convention and sponsored numerous competitive events for its member squads and their personnel; and WHEREAS, scoring criteria for these competitive events are based on standards of the Virginia Association of Volunteer Rescue Squads; state and national Emergency Medical Technician training curricula; and training guidelines for the American Heart Association Advanced Cardiac Life Support course; and WHEREAS, the Forest View Volunteer Rescue Squad Rescue team finished first out of sixteen teams in the Rescue competition, winning the C.B. "Monk" Jarvis Award; and WHEREAS, the Forest View Volunteer Rescue Squad Vehicle Extrication team finished second out of seven teams in the Heavy Duty Rescue Truck category of the Vehicle Extrication competition; and WHEREAS, the Forest View Volunteer Rescue Squad Advanced Life Support Team finished third out of twenty-eight teams in the Advanced Life Support competition; and 99-843 10/27/99 WHEREAS, the Forest View Volunteer Rescue Squad Emergency Medical Technician team finished sixth out of thirty-seven teams in the Emergency Medical Technician competition; and WHEREAS, the Forest View Junior Volunteer Rescue Squad Emergency Medical Technician team finished second out of four teams in the Junior Squad Emergency Medical Technician competition. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding performance of the members of the Forest View Volunteer Rescue Squad and the Forest View Junior Volunteer Rescue Squad in these competitions and expresses the appreciation of all County citizens for their dedication to excellence in Emergency Medical Services. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. Mr. Barber presented the executed resolution to Ms. Weatherford and expressed appreciation for the high level of service that Forest View Rescue Squad has provided Chesterfield County residents. 14.E. RECOGNIZING THE BENSLEY-BERMUDA RESCUE SQUAD FOR THEIR OUTSTANDING PERFORMANCE IN THE VIRGINIA ASSOCIATION OF VOLUNTEER RESCUE SQUADS COMPETITION Deputy Chief Paul Shorter introduced Mr. Wayne Bartinikas of Bensley-Bermuda Rescue Squad who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Bensley-Bermuda Volunteer Rescue Squad has provided emergency medical service to the citizens of Chesterfield County since 1954; and WHEREAS, the Bensley-Bermuda Volunteer Rescue Squad is an active member of the Virginia Association of Volunteer Rescue Squads; and WHEREAS, in September 1999, in Virginia Beach, Virginia, the Virginia Association of Volunteer Rescue Squads held its 65th annual convention and sponsored numerous competitive events for its member squads and their personnel; and WHEREAS, scoring criteria for these competitive events are based on standards of the Virginia Association of Volunteer Rescue Squads; state and national Emergency Medical Technician training curricula; and training guidelines for the American Heart Association Advanced Cardiac Life Support course; and WHEREAS, the Bensley-Bermuda Volunteer Rescue Squad Emergency Medical Technician team finished first out of thirty- seven teams in the Emergency Medical Technician competition, winning the Jack S. Long Memorial Award, and in the process qualified to represent Virginia squads in the International Rescue and Emergency Care Association international competition in Charlotte in August 2000; and WHEREAS, the Bensley-Bermuda Volunteer Rescue Auxiliary was given the Emergency Care Award; and Squad 99-s44 0/27/9 WHEREAS, the Bensley-Bermuda Volunteer Rescue Squad Auxiliary was given the Outstanding Auxiliary Award; and WHEREAS, the Bensley-Bermuda Junior Volunteer Rescue Squad won the Junior Scrapbook Award. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding performance of the members of the Bensley-Bermuda Volunteer Rescue Squad, the Bensley-Bermuda Volunteer Rescue Squad Auxiliary, and the Bensley-Bermuda Junior Volunteer Rescue Squad in these competitions and expresses the appreciation of all County citizens for their dedication to excellence in Emergency Medical Services. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. Mr. McHale presented the executed resolution to Mr. Bartinikas and expressed appreciation for the service that Bensley-Bermuda Rescue Squad has provided to the citizens of the County. Mr. Bartinikas expressed appreciation to the Board for the recognition. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE H~ARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES W~RE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 99SN0311 In Clover Hill Magisterial District, REALTICORP requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). 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 community mixed use. This request lies on 13.7 acres known as 8238 and 8260 Hull Street Road. Tax ID 759-692-6088 and 759-693-Part of 8413 (Sheet 11) . Mr. Jacobson stated that the applicant is requesting a deferral to December 15, 1999. Mr. John Easter, representing the applicant, deferral to December 15, 1999. requested a There was no one present to speak to the deferral. On motion of Mr. Warren, seconded by Mr. McHale, the Board deferred Case 99SN0311 until December 15, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 00SN0110 In Bermuda Magisterial District, SUZANNE AND SON LLC requested Conditional Use and amendment of zoning district map to permit 99-845 10/27/99 a child care center 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 neighborhood transition use. This request lies on 3.0 acres known as 13701 Harrowgate Road. Tax ID 791-645-3016 (Sheet 34). Mr. Jacobson stated that the applicant is requesting a deferral to November 23, 1999. Ms. Suzanne Whittersheim, representing the applicant, requested a deferral to November 23, 1999. There was no one present to speak to the deferral. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board deferred Case 00SN0110 until November 23, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99SN0164 In Bermuda Magisterial District, FRIDLEY'S WELDING SERVICE requested rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5). Expansion of a welding service is planned. However, with approval of this request, other C-5 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 0.7 acre fronting approximately 100 feet on the west line of Jefferson Davis Highway, approximately 50 feet south of Gayland Avenue. Tax ID 791-677-3297, 3392 and 4695 (Sheet 23). Mr. Jacobson stated that Mr. McHale is requesting that the Board defer this case to November 23, 1999. Mr. Dean Hawkins, representing the applicant, indicated a deferral to November 23, 1999 would be acceptable. There was no one present to speak to the deferral. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board deferred Case 99SN0164 until November 23, 1999. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99SN0227 In Matoaca Magisterial District, MARGARET S. CROSS requested rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) with Conditional Use to permit multi-family residential uses and single family uses not located on individual lots. Residential use of up to 10 units per acre is permitted in a Multi-family Residential (R-MF) District. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 36.9 acres fronting approximately 900 feet on the north line of Hull Street Road, also fronting approximately 375 feet on the northeast line of Cosby Road and located in the northeast quadrant of the intersection of these roads. Tax ID 717-671- 1133, 3663, 3823, 5957, 9347 and 718-671-2898 (Sheet 15). 99-846 10/27/99 Mr. Jacobson presented a summary of Case 99SN0227 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Mr. Lud Hudgins, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 99SN0227 subject to the following conditions: The Textual Statement dated August 31, 1999, and the Proffered Conditions shall be considered the Master Plan. o Two separate and remotely located access points shall be provided into the nursing/convalescent/rest home facilities, as generally shown on the Conceptual Plan. The exact locations of these access points shall be approved by the Fire Department at the time of site plan review. (F) And, further, conditions: the Board accepted the following proffered The architectural treatment of all buildings, including materials and style, shall be compatible to the elevations which are attached to the Request Analysis and labeled as Exhibit "A'~. (P) Common areas and ownership of property shall be regulated by Section 19-105(n) of the County Zoning Ordinance. (P) o A 100 foot building and parking setback shall be maintained along the northern property boundary adjacent to Manor Gate Subdivision. Pedestrian paths and other passive recreational uses and underground utilities shall be permitted with the 100 foot setback area, provided, however that such utilities shall be located so as not to run generally parallel through the northern seventy-five (75) feet of the 100 foot setback area. The northern seventy-five (75) feet of the 100 foot setback shall be maintained as a buffer and shall comply with Sections 19- 520, 19-521(a) through (h) and 19-522. (P) The plan prepared by Balzer and Associates, Inc. dated 8/30/99, title "The Villas at Dogwood Master Plan" shall be considered the Master Plan for the development. The parcels and acreage shown on the Master Plan may be increased or decreased by 20%. (P) The ultimate design of the development on Parcels and "C" shall generally conform with the Conceptual Plan prepared by Balzer and Associates, Inc., entitled "Village at Dogwood, Conceptual Plan" dated 8/30/99. The location of driveways, parking areas, roads and buildings need not be exactly as shown on the Conceptual Plan; however, the concepts of the Plan shall be generally adhered to such as minimizing the number of units and garages fronting the private drives in Parcel "C" and the relationship between uses within the development to each other and the relationship of the uses to adjacent properties and public rights of way. (P) 99-847 10/27/99 o o o 10. 11. 12. Any above ground facilities required for water quantity or quality control shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, uses developed on the property. At the time of site plan review, a plan depicting these requirements shall be submitted for review and approval. (P & EE) Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, the occupancy of dwelling units shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein. (B) Cash Proffer. For each dwelling unit, the applicant, subdivider, or assignee(s) shall pay $3,093.00 per dwelling unit to the County of Chesterfield, prior to the time of issuance of a building permit for infrastructure improvements within the service district for the Property if paid prior to July 1, 2000. At the time of payment, the $3,093.00 shall be allocated pro-rata among the facility costs as calculated annually by the County Budget Department as follows: $660.00 for parks, $264.00 for library facilities, $251.00 for fire stations, $1,918.00 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $3,093.00 per unit for any units developed (pro-rata as set forth above) and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1999 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. (B) A minimum of 0.75 acre of open space/recreation area shall be provided on the property in the area labeled on the Conceptual Plan as "Community Facility" adjacent to, and including the clubhouse area, as depicted on the Conceptual Plan. The area shall be located and positioned to provide a "focal point" as one enters the project. Part of the area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. The "Community Facility" Area shall be developed concurrent with the first phase of the single family residential development located on Parcel C. The exact design and location shall be approved by the Planning Department at the time of site plan review. (P) The public water and wastewater system shall be used. (U) Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Sidewalks. A sidewalk shall be provided along both sides of all Private Drives, as generally shown on the Conceptual Plan. The exact treatment and location of the sidewalks shall be approved at the time of the site plan review. (P) 99-848 10/27/99 13. Pedestrian Paths. Pedestrian paths shall be provided throughout the project. The exact treatment and location of the pedestrian paths shall be approved at the time of site plan review. (P) 14. Prior to any site plan approval one hundred (100) feet of right of way on the north side Route 360 and thirty (30) feet of right-of-way on the east side of Cosby Road, measured from the centerlines of that part of these roadways immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 15. Direct access to Route 360 shall be limited to one (1) entrance/exit, located towards the eastern property line. Direct access to Cosby Road shall be limited to one (1) entrance/exit located at the western property line. 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 ensure shared use of these accesses with adjacent properties. (T) 16. To provide an adequate roadway system, the developer shall be responsible for the following: So Construction of an additional lane of pavement along the westbound lanes of Route 360 for the entire property frontage; b0 Construction of additional pavement along the westbound lanes of Route 360 at the approved access to provide a right turn lane; C · Construction of additional pavement along Cosby Road at the approved access to provide left and right turn lanes based on Transportation Department standards; and do Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements), required for the road improvements identified above. (T) 17. Prior to any site plan approval, a phasing plan for the required road improvements as identified in Proffered Condition 16 shall be submitted to and approved by the Transportation Department. (T) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99SN0307 (Amended) In Bermuda Magisterial District, GEORGE P. EMERSON, JR., requested rezoning and amendment of zoning district map from Residential (R-7) and Community Business (C-3) to General Business (C-5). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. This request lies on 7.8 acres fronting in two (2) places for a total of approximately 430 feet on the south line of East Hundred Road, approximately 890 feet east of Spruce Avenue. Tax ID 826-643-Part of 6483 and 829-643-Part of 1822 (Sheets 35 and 36). 99-849 10/27/99 Mr. Jacobson presented a summary of Case 99SN0307 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Area Land Use and Transportation Plan. Mr. Oliver Rudy, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0307 and accepted the following proffered conditions: Architecture. Any mini-warehouse facility developed on the Property shall have an architectural style, materials and colors similar to the mini-warehouse facility being developed on Tax ID Parcel No. 775-657-0027 and 2161; provided, however, that an alternative architectural style, materials and colors of equal or better quality to that on the aforementioned Tax ID parcels shall be allowed, as may be determined by the Planning Commission at the time of site plan review and approval. (P) No Business Operation. No tenant or customer of any mini- warehouse unit located on the Property shall be allowed to operate a business on the site. (P) o Use. The uses on the property shall be limited to: (a) Those uses permitted by right and those permitted with restriction in the C-3 Zoning District except that cocktail lounges and nightclubs, material reclamation and receiving centers and liquor stores shall not be an allowable use; and (b) mini-warehouse facilities. (P) Prohibition on Materials Stored. No mini-warehouse facility shall permit the storage of flammable, hazardous, radioactive, illegal or any other similar materials on site. (F) o Public Utilities. The public water system shall be used in conjunction with the mini-warehouse use. Ail other uses shall be connected to public water and public wastewater systems. (U) 0 Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department, and the approved devices have been installed. (EE) Lighting. Parking lot lighting shall not exceed a height of thirty-five (35) feet. (P) o Nullification. The property owner and developer (the "Developer") in this zoning case, pursuant to 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County for themselves and their successors or assigns proffer that the development of the property known as parts of Tax ID Nos. 826-643-6483 and 829-643-1822 (the "Property") under consideration will be developed according to the following conditions, if, and only if, the rezoning request applied for herein is granted. In the event the request is denied or approved 99-850 10/27/99 with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the property. (P) Prior to any site plan approval, one hundred (100) feet of right-of-way on the south side of Route 10, measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 10. No direct access shall be provided from the property to Route 10. (T) 11. Prior to issuance of an occupancy permit for more than 60,000 square feet of mini-warehouse development, or development with an equivalent traffic generation, as determined by the Transportation Department, an additional lane of pavement shall be constructed along 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. (T) 12. Screening of loading areas for any self storage facility from adjacent properties shall be achieved through the positioning of the self storage buildings in a compound- like manner such that the walls of the building closest to the eastern, western and southern boundary lines shall be generally parallel to such boundary lines. Further, measures shall be taken to screen loading areas from East Hundred Road, the exact treatment of which shall be approved by the Planning Department at time of site plan review. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99SN0312 In Bermuda Magisterial District, JAMES RUSS AND ALICE A. DOLBEAR requested Conditional Use and amendment of zoning district map to allow a recreational facility 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 single family residential use of 1.01 to 2.5 units per acre. This request lies on 0.7 acre and is known as 5521 Ecoff Avenue. Tax ID 782-656-6730 (Sheet 26). Mr. Jacobson presented a summary of Case 99SN0312 and stated that the Planning Commission and staff recommend approval subject to conditions. Mr. Dolbear, one of the applicants, recommendation is acceptable. stated that the There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mr. Warren, the Board approved Case 99SN0312 subject to the following conditions: The caboose shall be located as generally depicted on the plan submitted with the application. (P) 99-851 10/27/99 o The caboose shall be used for a private recreational use only. <P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 99SN0313 (Amended) In Bermuda Magisterial District, ALLTEL COMMUNICATIONS, INC. requested Conditional Use Planned Development with a height exception and amendment of zoning district map to permit a communications tower in a Residential (R-7) District. A communications tower attached to an existing water tank is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for public/semi- public use and single family residential use of 1.01 to 2.5 units per acre. This request lies on 0.2 acre fronting approximately 20 feet on the east line of 01d Centralia Road, approximately 700 feet south of Wood Dale Road. Tax ID 791- 657-Part of 8718, 791-658-Part of 9729 and Part of 0807 (Sheet 26) . Mr. Jacobson presented a summary of Case 99SN0313 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Ms. Heidi Parker, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 99SN0313 subject to the following conditions: There shall be no signs permitted to identify this use. (P) The communications tower use and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System and the Utilities Department communications system. Prior to site plan or building permit approval, whichever occurs first, the owner/developer of non-County communications equipment shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff and Utilities Department staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County systems, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff and Utilities Department staff. (GS and U) o The owner/developer of non-County communications equipment shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System and Utilities Department communications system caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff or Utilities Department staff. (GS and U) 99-852 10/27/99 The color and lighting system for the communications tower use shall be as follows: a o The communications equipment (antennas, mounting hardware, cabling, etc.) mounted on the outside of the water tank structure shall be the same color as the water tank. b. The tower shall not be lighted. (P) o Ail driveways and parking areas shall be graveled or paved and shall be maintained to minimize dust problems and provide ease of ingress and egress. (P) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-611 (b) of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on or associated with, any building from adjacent properties and public rights of way. This condition would not require screening for the tower or tower-mounted equipment or for ground-mounted equipment cabinets.) o At such time that the communications tower use ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer of the communications equipment shall dismantle and remove the antennas and all associated equipment from the property. The communications tower use shall be permitted only if it is incorporated into the structure of the existing water tank. Antennas shall be mounted on the safety rail of the water tank. Within one (1) week of completion of the installation of the antennas, the owner/developer shall provide written notice to the Planning Department that the installation has been completed and the date of the completion. The antenna shall not be screened unless, within one (1) year of the date of completion of the installation of the antennas, there is a decision by a majority of the Planning Commission that screening is necessary to mitigate the visual impact of the antennas. If there is a decision by the Planning Commission that screening is necessary, the exact method of screening shall be approved by the Planning Commission. Ail cabling shall be housed in conduit or otherwise shielded from view. (P) o In conjunction with the approval of this request, a ninety (90) foot exception to the fifty (50) foot height limitation for communications towers in a Residential (R- 7) District shall be granted. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. OOSNOIO0 In Bermuda Magisterial District, FRIDLEY'S WELDING SERVICE requested amendment to rezoning (Case 98SN0115) and amendment of zoning district map to allow an underground utility use (septic drainfield) to be located within a required buffer. 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 99-853 10/27/99 use. This request lies in a General Business (C-5) District on 1.0 acre and is known as 7708, 7712 and 7716 Jefferson Davis Highway. Tax ID 791-677-4189, 4284 and 4379 (Sheet 18). Mr. Jacobson presented a summary of Case 00SN0100 and stated that the Planning Commission and staff recommend approval subject to one condition in lieu of acceptance of the proffered condition regarding a buffer. Mr. Dean Hawkins, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Warren, the Board approved Case 00SN0100 subject to the following condition: A minimum twenty-five (25) foot buffer shall be maintained along the western property boundary adjacent to the Taw Street right-of-way except as stated herein, this buffer shall conform to the requirements of the Development Standards Manual for buffers, Sections 19-521 and 19-522. However, a septic drainfield system shall be permitted to be located within this buffer. In the event the septic system fails or needs repairs and such improvements necessitate disturbance of the buffer, the public wastewater system shall be extended to serve the site. (P & U) (Notes: A. This condition supersedes Condition 1 of Case 98SN0115. Ail other conditions of Case 98SN0115 remain in effect. Proffered Condition 3 of Case 98SN0115 requires the use of the public wastewater system when a public line is in place and operational on the western side of Jefferson Davis Highway and is within 200 feet of the request site. With the approval of this amendment, should the septic system fail or need repairs and improvements necessitate disturbance of the buffer, the public wastewater system must be extended to serve this site, regardless of the public line's distance from the subject property.) And, further, the Board did not accept the proffered condition to maintain a minimum twenty-five foot buffer. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 00SN0107 In Dale Magisterial District, W. S. CARNES, INC. requested amendment to Conditional Use Planned Development (Case 90SN0289) and amendment of zoning district map to amend the approved Master Plan, Textual Statement and conditions relative to access and buffers. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor uses. This request lies in a Residential Townhouse (R-TH) District on 21.5 acres fronting in two (2) places for a total of approximately 1000 feet on the east line of Iron Bridge Road and also fronting approximately 470 feet on the north line of Cogbill Road. Tax ID 776-685-5714, 5951 and Part of 8138 and 777-684-3619 (Sheet 11) . 99-854 10/27/99 Mr. Jacobson presented a summary of Case 00SN0107 and stated that the Planning Commission and staff recommend approval subject to one condition and acceptance of one proffered condition. Mr. John Cogbill, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. McHale, the Board approved Case 00SN0107 subject to the following condition: Except as stated herein, Condition 1 of Case 90SN0289 shall be modified to include the Textual Statement (dated November 29, 1990, revised December 10, 1990) and the plan prepared by A. D. Lewis & Associates, titled "Schematic/Tentative Plan, Braxton, a W. S. Carnes Custom Community, Chesterfield County, Virginia", dated December 18, 1990 and last revised July 2, 1999. (P) (NOTE: This condition modifies Condition 1 and deletes Condition 3 of Case 90SN0289 for the subject property only.) And, further, the Board accepted the following proffered condition: Two (2) accesses shall be permitted to Route 10 as shown on the plan prepared by A. D. Lewis & Associates, titled "Schematic/Tentative Plan, Braxton, a W. S. Carnes Custom Community, Chesterfield County, Virginia", dated December 18, 1990 and last revised July 2, 1999. The first access shall be to accommodate access to/from the community. The second access shall be to accommodate emergency access and shall be constructed in accordance with plans approved by the Fire and Transportation Departments. The emergency access shall be provided prior to the recordation of any lots. (P, F & T) (NOTE: This condition supersedes Condition 3 of Case 90SN0289 for the subject property only.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 00SN0108 In Bermuda Magisterial District, WALTHALL PROPERTIES LLP requested rezoning and amendment of zoning district map from Agricultural (A) to General Industrial (I-2). 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 23.4 acres fronting approximately 1500 feet on the east line of 1-95, approximately 4800 feet north of Woods Edge Road. Tax ID 803-644-2879 (Sheet 35). Mr. Jacobson presented a summary of Case 00SN0108 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Area Land Use and Transportation Plan. Mr. John Cogbill, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. 99-855 10/27/99 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0108 and accepted the following proffered conditions: 1. Public water and wastewater system shall be used. (U) Uses permitted shall be restricted to I-1 uses permitted by right and I-1 uses permitted with certain restrictions. The I-2 uses shall be restricted to the following: e g h i J k 1 Dairy products manufacturing Furniture and fixtures manufacturing Ice manufacturing Macaroni, spaghetti, vermicelli, rigatoni, and noodles manufacturing Fabricated metal products manufacturing Other food preparations manufacturing Pottery and related products manufacturing Salad dressing manufacturing Signs and advertising displays - manufacturing Satellite dishes for communication purposes Textile mill products manufacturing Tobacco products manufacturing (P) o Prior to any site plan approval, a right-of-way for the north/south major arterial (~North/South Arterial") extending through the eastern part of the Property east of the power line shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of North/South Arterial shall be approved by the Transportation Department. (T) Direct access from the Property to North/South Arterial shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) 0 To provide an adequate roadway system, the developer shall be responsible or the following: so Construction of additional pavement along North/South Arterial at the approved access to provide left turn and right turn lanes, based on Transportation Department standards; and bo Dedication, free and unrestricted, to and for the benefit of Chesterfield County, of any additional right-of-way (or easements) required for the improvements identified above. (T) o Prior to any site plan approval, a phasing plan for the required road improvements identified in Proffered Condition 5, shall be submitted to and approved by the Transportation Department. (T) o The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity of enforceability to the other proffers or the unaffected part of any such proffer. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 00SN0132 In Clover Hill Magisterial District, IDLEWOOD PROPERTIES, INC. requested amendment to Conditional Use Planned Development (Case 86Sl17) and amendment of zoning district map to permit 99-856 10/27/99 hospital use 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 regional mixed use. This request lies in a Light Industrial (I-l) District on 46.0 acres fronting approximately 1600 feet on the east line of Coalfield Road, also fronting approximately 1700 feet on the south line of Powhite Parkway and located in the southeast quadrant of the intersection of these roads. Tax ID 730-691-Part of 4669 (Sheets 9 and 10). Mr. Jacobson presented a summary of Case 00SN0132 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Mr. Jack Wilson, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mr. McHale, the Board approve~ Case 00SN0132 and accepted the following proffered conditions: 1. The public water and wastewater systems shall be used. (U) o Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 98SN0119 In Matoaca Magisterial District, CLIFFORD MCGLONE, KAY M. MCGLONE, JAMES A. NIMMO AND PEGGY B. NIMMO requested Conditional Use and amendment of zoning district map to permit a dwelling unit separated from the principal dwelling unit 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 residential use of 1.01 to 2.5 units per acre. This request lies on 19.1 acres fronting approximately 50 feet on the north line of Hickory Road, approximately 600 feet west of Halloway Avenue. Tax ID 781-619-6279 and 780-619-Part of 9801 (Sheet 4i) . Ms. Rogers presented a summary of Case 98SN0119 and stated that the Planning Commission recommends approval and acceptance of the proffered conditions. She further stated that staff recommends denial because the parcel has no public road frontage, as required by the Zoning Ordinance. Mr. Clifford McGlone, the applicant, stated that the Planning Commission's recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 98SN0119 and accepted the following proffered conditions: 1. Occupancy of the dwelling unit separated from the 99-857 10/27/99 principal dwelling unit shall be limited to: the occupants of the principal dwelling unit; individuals related to them by blood, marriage, adoption or guardianship; foster children; guests and any domestic servants. (P) o Within sixty (60) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Proffered Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) (Staff Note: These proffered conditions would not apply if in the future the property is legally subdivided.) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 16. PUBLIC HEARINGS O TO CONSIDER APPROPRIATION OF FUNDS AND AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR THE HICKORY ROAD/BUTLER LANE IMPROVEMENT PROJECT Mr. Stith stated that this date and time has been advertised for a public hearing to consider the appropriation of funds for the Hickory Road/Butler Lane Improvement project. No one came forward to speak in favor or against this issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board appropriated $1,000,000 in anticipated Virginia Department of Transportation (VDOT) reimbursements for the Hickory Road/Butler Lane Improvement project and authorized the County Administrator to enter into a design/right-of-way/construction agreement with the Virginia Department of Transportation, acceptable to the County Attorney, for the project. Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 99SN0276 In Clover Hill Magisterial District, CAROLYN HOGWOOD DAY CARE requested a Conditional Use and amendment of zoning district map to operate a family day care home in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies on .4 acre known as 11310 Dumaine Drive. Tax ID 743-687- 7912 (Sheet 10) . Ms. Rogers presented a summary of Case 99SN0276 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Ms. Carolyn Hogwood, the recommendation is acceptable. applicant, stated that the Ms. Wendy Clark stated that she supports Ms. Hogwood's request and provided an overview of the conditions of the day care facilities. 99-858 10/27/99 Ms. Sharon Talley, Ms. Hogwood's employee, stated that she supports the day care request and provided information regarding the property and the operation of the day care. Ms. Margaret Emmons, adjacent neighbor, stated that she supports the request and stated that she experiences no noise, safety or traffic problems. Ms. Leann Rohlk, parent, stated that she supports the day care and stated that there are no traffic concerns and appreciates the service Ms. Hogwood provides. Mr. Jesse Smith, neighbor, stated that he is opposed to the day care. He stated that the neighborhood is not designed for a day care facility. Ms. Radigundes Smith, neighbor, spoke against the day care facility. She expressed concerns with the number of children at the facility, the noise factor and feels the neighborhood is not appropriate for a day care facility. Mr. Carl Riggle, neighbor, spoke against the rezoning due to traffic and safety concerns. Ms. Hogwood readdressed the Board regarding the parking, traffic and noise concerns, which have been addressed in the conditions. There being no one else to speak to the case, the public hearing was closed. There was brief discussion relative to the potential that approval of the request could set a precedent for other business uses within the neighborhood. In response, Mr. Jacobson noted that policies are in place to address this concern. After discussion, on motion of Mr. Warren, seconded by Mr. Barber, the Board approved Case 99SN0276 and accepted the following proffered conditions: This Conditional Use shall be granted to and for Carolyn Hogwood exclusively and shall not be transferable nor run with the land. (P) o The number of children permitted at any one time shall not exceed twelve (12), including children of residents of the dwelling located on the property and of helpers/employees of the family day care home. Other than the applicant and her immediate family members, the number of employees involved in the operation at any one time shall be limited to no more than one (1) person. (P) There shall be no additions or alterations to the existing structure to accommodate this use. (P) There shall be no signs permitted to identify this use. (P) o Vehicles dropping off and picking up children shall park in the driveway. (P) o This use shall not be open to the public between the hours of 6:30 p.m. and 6:00 a.m. (P) o There shall be no day care operation on Saturday or Sunday. (P & CPC) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None 99-859 10/27/99 18. ADJOURNMENT On motion of Mr. Mr. McHale, seconded by Mr. Barber, the Board adjourned at 8:55 p.m., until November 23, 1999 at 3:30 p.m. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. ~a~r~ G/ Daniel Chair~n 99-860 10/27/99