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02-09-2000 MinutesBOARD OF SUPERVISORS MINUTES February 9, 2000 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny B. Humphre!-, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Kelly E. Miller Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Ms. Rebecca Dickson, Dir., Budget and Management Ms. Lisa Elko, Clerk Ms. Karla J. Gerner, Dir. Human Resource Mgmt. 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 Dr Burt Lowe, Dir., Mental Health/Retard. Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr F. O. Parks, Dir., Information Systems Tech. Mr Paul D. Patten, Assessor Mr Francis Pitaro, Dir., General Services Mr Paul Shorter, Deputy Chief, Fire Department 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. Richard Witt, Asst. Building Official 2/o /oo 00-50 Mr. Warren called the regularly scheduled meeting to order at 3:43 p.m. 1. APPROVAL OF MINUTES FOR JANUARY 26, 2000 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of January 26, 2000, as submitted. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS O O Mr. McCracken introduced Mr. Chris Winstead, Chesterfield Resident Engineer, Virginia Department of Transportation (VDOT), to brief the Board on snow removal efforts. Mr. Winstead stated that VDOT used approximately 75 dump trucks with plows and spreaders, as well as 75 motor graders and approximately 35 front end loaders to remove snow and ice during the recent storms. He further stated that VDOT ran a 24 hour per day operation from January 23, 2000 until February 3, 2000. He stated that VDOT is currently working on the areas of winter break-up that resulted from use of equipment and chemicals. He further stated that his staff of six handled between 1,200 and 1,500 calls per day during daylight hours. He stated that, even though the County is the largest in the Metro Richmond Area and has the most roads and largest population to serve, VDOT was capable of reopening County schools at the same time as surrounding areas. He further stated that VDOT will strive to improve its snow removal efforts and that he feels some of the secondary roads will become more of a priority. He expressed appreciation to County Administration, School Administration and to the Board for their support and cooperation during the difficult time. The Board members commended Mr. Winstead for his efforts during the snowstorm. Mr. Warren expressed appreciation for the efforts of VDOT in the landscaping and tree planting program, particularly in the 360 Corridor. Firefighter Lonnie Lewis presented an overview of the Firefighter Combat Challenge regional event that the County has been offered an opportunity to host. Mrs. Humphrey stated that the event represents an excellent opportunity for the Fire Department to receive notoriety. She further stated that she will support the transfer of distric~ improvement funds to help offset the cost of the event. There was brief discussion relative to the course of events in the competition and the prizes for winning regional and national competitions. 00-51 2/o9/oo 3. BOARD COMMITTE~ REPORTS Mrs. Humphrey expressed appreciation to the Police and Fire Departments fer their efferts in the recent keresene mix-up in Ettrick Village and te Virginia State University fer hesting the Black Histery Honth kick-off cencert. She stated that she will be attending varieus constituents' meetings in the upcoming weeks. Hr. McHale stated that Mr. Ramsey will be guest speaker at his censtituents' meeting en February 28, 2000 relative to staff's public transpertatien propesal. Mr. Barber stated Ms. Mary Ann Curtin, Director of Intergovernmental Relations, was guest speaker at his constituents' meeting on February 7, 2000 relative to legislative issues. He further stated that he will be introducing former Governor Douglas Wilder, guest speaker at the Black History Month Business Breakfast on February 25, 2000. He stated that he and Mr. Warren have recently both been involved in conducting interviews for the future executive director of Richmond International Airport. Hr. Hiller stated that he plans te establish constituents' meetings seen on a quarterly basis. Mr. Warren stated that Hr. Hiller appeared on his first Comcast broadcast of Chesterfield Hatters, along with Ms. Hartha Frickert and Ms. Cheryl George, Executive Directer and Chairman of the Cemmunities and Scheols Program. He further stated that he has spoken relative te staff's mini-van transpertation prepesal at the Chesterfield Business Ceuncil and the Bon Air Retary Club and alse plans te speak at the Brandermill Retary Club and the Central Virginia Ruritan Club this week. He stated that Mr. Stith has alse spoken te several rotary clubs and the respense te staff's proposal has been excellent. He further stated that he attended the Fire Department premetion ceremeny on February 4, 2000. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board added Item 8.B.2.e., Adoption of Resolution Opposing the Public Private Transportation Act Proposal to Construct Route 288 as a Toll Facility; added Item 8.B.12., Transfer of District Improvement Funds from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian Districts to the Fire Department to Sponsor a Regional Firefighter Combat Challenge Competition in the County; added Item 8.B.13., Approval of Naming the Western Area Park Site After Mr. Irvin G. Homer; and adopted the Agenda, as amended. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 5. RESOLUTIONS AND SPECIA/~ RECOGNITIONS 5.A. RECOGNIZING MRS. HATTIE R. SCOTT ON ~RR 100TH BIRTHDAY Mr. Stith introduced Hrs. Hattie R. Scott who was present to receive the resolution. 2/o9/oo 00-52 On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Hattie R. Scott was born in Dinwiddie County on January 26, 1900, and accordingly will mark her centennial on January 26, 2000; and WHEREAS, Mrs. Scott received her teaching certificate from The Virginia Normal and Industrial Institute, now known as Virginia State University; and WHEREAS, Mrs. Scott married Mr. Charles A. Scott in 1925 and together they established a farm in Amelia County; and WHEREAS, Mrs. Scott taught first through third grades in Amelia County until the birth of her daughter in 1930; and WHEREAS, Mrs. Scott has one daughter, two grandsons and two great-grandchildren; and WHEREAS, Mrs. Scott loaned her talents for many years to the Amelia County Fair Association and the Homemakers Club; and WHEREAS, Mrs. Scott has been living for the past ten years as a resident in Chesterfield County with her daughter. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the significant contributions of Mrs. Hattie R. Scott, wishes her a happy 100th birthday, and is proud to have her as a resident of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Scott and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey presented the executed resolution, a bouquet of flowers and a County watch to Mrs. Scott, accompanied by members of her family, and wished her a happy 100th birthday. Mrs. Scott expressed appreciation for the recognition. 5.B. RECOGNIZING MR. WILLIAM N. CROP, DER, ~NERAL SERVICES, UPON HIS RETIREMENT Mr. Pitaro introduced Mr. Crowder who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. William N. Crowder retired on February 1, 2000 after providing nearly sixteen years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Crowder has served the County in the Department of Buildings Inspections as well as the Construction Management and Buildings and Grounds Divisions of the Department of General Services as Electrical Supervisor; and 00-53 2/09/00 WHEREAS, Mr. Crowder has seen the County's physical plant and complexity grow by a substantial amount; and WHEREAS, Mr. Crowder always performed his duties and responsibilities in a thorough and dependable manner often responding to emergencies after normal work hours as well as holidays and weekends; and WHEREAS, Mr. Crowder'always placed the welfare and safety of citizens and fellow County employees above his own personal comfort and feelings ant will be missed by his fellow co- workers; and WHEREAS, Mr. Crowder was recognized many times for his money saving and innovative ideas as well as his willingness to go the extra mile for his customers; and WHEREAS, Mr. Crowder is known for his quick wit and keen sense of humor; and WHEREAS, Mr. Crowder was five times the Commonwealth of Virginia Golden Gloves champion and fought 56 amateur and 22 professional boxing matches; and WHEREAS, Mr. Crowder generously and unselfishly gave of his time and talents to the youth of this area by teaching boxing and physical education at the Petersburg YMCA and Richard Bland College; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. William N. Crowder and extends their appreciation for his dedicated service to the County, their 'congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented t% Mr. Crowder and that this resolution be permanently recorded 'among the papers of this Board of Supervisors of Chesterfield County, 'Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Crowder, accompanied by his wife, expressed appreciation for his dedicated service to the County and wished him well in his retirement. Mr. Pitaro presented Mr. Crowder with a plaque recognizing his service to the Department of General Services and a gift certificate from his co-workers. 5.C. RECOGNIZING FEBRUARY 2000 AS ~PETFIX MONTH 2000" Major Stephen Davis introduced Ms. Marsha White, Treasurer of the PetFix Coalition, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, dogs and cats give companionship to and share the homes of over 50 million individuals in the United States; and 2/o /oo 00-54 WHEREAS, two unaltered cats and their kittens can produce 420,000 more kittens in seven years and two unaltered dogs and their puppies can produce 67,000 more dogs in six years; and WHEREAS, it is estimated that millions of dogs and cats are euthanized each year in the United States, although many of them are healthy and adoptable, simply because there are not enough homes; and WHEREAS, the latest report from the Commonwealth of Virginia, Division of Animal Industry Services, states that 128,205 dogs and cats were euthanized in Virginia in 1998; and WHEREAS, the problems of pet overpopulation costs the taxpayers in this country millions of dollars annually through animal control programs trying to cope with the millions of unwanted animals; and WHEREAS, spaying and neutering dogs and cats has been shown to drastically reduce dog and cat overpopulation; and WHEREAS, veterinarians have supported the PetFix Coalition February programs in the Commonwealth of Virginia during the past four years and have performed 10,045 spays and neuters, which has prevented millions of unwanted births; and WHEREAS, veterinarians, humane organizations and concerned citizens throughout the Commonwealth of Virginia have again joined together to advocate the spaying and neutering of companion animals during "PetFix Month 2000." NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes February 2000 as "PetFix Month 2000" and encourages all citizens to observe this month by either having their dogs or cats spayed or neutered or by sponsoring the spaying or neutering of a companion animal for another. Mrs. Humphrey presented the executed resolution to Ms. White and expressed appreciation for the programs offered by the PetFix Coalition. Ms. White expressed appreciation to the Board for their support of the Coalition's programs. 6. WORK SESSIONS 6.A. PROJECTED FY2001 REVENUES Ms. Dickson presented an overview of FY2001 revenues. She reviewed County population estimates and stated that the State has certified the County's population at 252,200 as of July 1999. She noted, however, that the County's estimate (as prepared by the Planning Department) is 261,000. She reviewed Local Taxes Per Capita; FY2001 Estimated Revenues vs. FY2000 Adopted Revenues; Highlights in Real Estate Taxes; Real Estate Assessed Valuation; Percentage Change in Real Estate Assessed Value; Percentage of Assessed Value in Commercial/Industrial Real Estate; Growth in Jobs and Workers; Building Permits for 2000; Percentage of Units Paying Proffers to Total Building Permits; and Undeveloped Residential Lots. There was brief discussion relative to the number of lots zoned with and without cash proffers. 00-55 2/09/00 Mr. McHale stated that, in the Budget and Audit Committee meeting, he requested that staff estimate the number of undeveloped residential lots without cash proffers that would likely be developed within five years and in ten years. Ms. Dickson then reviewed Highlights in Personal Property Taxes; Percentage of Change in Personal Property Revenue; Number of New and Used Car Registrations; Percentage Change in Local Sales Tax Revenue; Local Sales Tax Percent Distribution; Revenue Available for FY2001; FY2001 General Fund Sources; FY2001 General Fund Uses; and FY2001 Proposed Fee Increases. There was brief discussion relative to the 1999 increase in Planning Department fees. Ms. Dickson continued to review FY2001 Proposed Fee Increases including a $1,000 water connection fee increase to be phased in over four years ($250 per year) and an increase in commercial building inspection permit fees. There was brief discussion relative to the Fire Department's review of plans. Deputy Chief Shorter stated that civilian technicians perform the review of plans in the Fire Department. Ms. Dickson reviewed Solid Waste Fee Increases; FY2001 Solid Waste Budget General Fund Subsidy vs. Fees; and the calendar for FY2001 Budget Work Sessions. Mr. Miller requested to have the opportunity to meet with staff and receive more detail on some of the budget issues. Mrs. Humphrey expressed concerns relative to exorbitant fee increases and stated that she is glad to see that the County is looking at new growth to fund certain facility improvements rather than increase fees and taxes for current residents. Ms. Dickson noted that the proposed FY2001 budget includes an increase of 4,000 homes to the recycling program. Mrs. Humphrey requested a list of the neighborhoods and homes to be added to the recycling process. Mr. Warren stated he is pleased to see that the County seems to be headed in the direction of having new growth pay its own way. Mr. Miller noted that growth also has its advantages such as providing job opportunities. 6.B. AMENDMENT TO THE INTRODUCTION TO THE PLAN FOR CHESTERFIELD Mr. Jacobson presented an overview of the update to the Introduction to The Plan for Chesterfield. He highlighted the five guiding philosophies of the Plan: an approach to reasonable growth management; economic development and sustaining a healthy economy; striving to shape the character of the County's development by preserving the natural and rural beauty of the County; working to preserve environmental, cultural and historic resources; and protecting and enhancing the County's established neighborhoods. 00-56 2/os/oo Mr. Barber stated that, when questioned by developers and citizens as to staff's interpretation of zoning ordinances, he informs them that staff does not have flexibility beyond what is adopted by the Planning Commission and the Board. He stressed the importance of the Board paying close attention when adopting amendments to the Plan. 7. DEFERRED ITEMS o CONSIDERATION OF AN AMEND~R. NT TO SECTION 5-6 OF THE COUNTY CODE TO AUTHORIZE THE REMOVAL OR REPAIR OF DEFACR~ STRUCTURES Mr. Micas stated that the Board held a public hearing in December to consider an ordinance which would allow the County to remove graffiti at County expense. He further stated that, since that time, consideration of the ordinance has been deferred and staff has developed a set of administrative procedures to be used if the ordinance were to be adopted. He stated that the legality of the existing ordinance which allows the County to place a lien on the property based on the cost of removal has been investigated and that staff is of the opinion that there is questionable authority for the County to charge the cost of graffiti removal to the property owners. He further stated that staff is recommending that the Board defer the matter and readvertise to consider repeal of the existing ordinance and consideration again of the ordinance that would allow removal at public expense. He stated that the ordinance, in its new recommended posture, would be consistent with existing ordinances in Richmond and Henrico. Mr. Barber stated that, because of the legal nature, he feels that following staff's recommendation to defer and readvertise would be prudent. He further stated that he feels the County's ordinance is not in compliance with changes in State law. Mr. Barber then made a motion f~r the Board to defer its decision relative to an amendment to Section 5-6 of the County Code to authorize the removal or repair of defaced structures and direct staff to readvertise to repeal the existing ordinance and adopt an ordinance permitting the removal of graffiti at public expense. Mr. McHale seconded the motion. Mr. Miller expressed concerns relative to repealing the existing ordinance which allows the flexibility to require the landowner to pay for removal of graffiti. He further stated that he would support Mr. Barber's motion for deferral and readvertisement. Mr. Warren stated that he is not comfortable with the County assuming the responsibility for another service, but indicated that he would support the deferral. Mr. Barber stated that the graffiti issue in Midlothian has now been resolved. He further stated that, according to State law, he does not feel the County has' a choice in repealing its ordinance. Mr. Miller expressed concerns relative to expansion of government and expenditure of tax dollars for the graffiti issue. 2/09/00 00-57 Mr. Warren called for a vote on the motion made by Mr. Barber, seconded by Mr. McHale, for the Board to defer its decision relative to an amendment to Section 5-6 of the County Code to authorize the removal or repair of defaced structures and direct staff to readvertise to repeal the existing ordinance and adopt an ordinance permitting the removal of graffiti at public expense. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Miller, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Drug and Alcohol Abuse Task Force, Tax Structure Committee, and Camp Baker Management Board. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.A.1. DRUG AND ALCOHOL ABUSE TASK FORCE On motion of Mr. Warren, seconded by Mr. Barber, the Board simultaneously nominated/appointed the following members to serve on the Drug and Alcohol Abuse Task Force, whose terms are effective immediately and will be at the pleasure of the Board: Name District Mr. Robert B. Richardson Ms. Laura Ballard Mr. Tom Comstock Mr. Christopher Lindbloom Dale Clover Hill Midlothian Midlothian Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.A.2. TAX STRUCTURE COMMITTEE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Robert Palmer, representing the County at-large, to serve on the Tax Structure Committee, whose term is effective immediately and will be at the pleasure of the Board. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-58 2/o /oo 8 .A. 3. CAMP BAKER MANAGEMENT BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. Vince Burgess, representing the Richmond Area Association of Retarded Citizens, whose term is effective immediately and will expire April 30, 2002, and Mr. Herman Taylor, representing the Clover Hill District, whose term is effective immediately and will expire April 30, 2001 to serve on the Camp Baker Management Board. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.A.4. KEEP CHESTERFIELD CLEAN ADVISORY BOARD On motion of Mr. McHale, seconded by Mr. Barber, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Keep Chesterfield Clean Advisory Board, whose terms are effective February 1, 2000 and will expire January 31, 2001: Namq District Ms. Joan Cole Ms. Lucy Merchan Mr. Charles R. Lewis Ms. Julie Stykemain Ms. Caroline Bosh Bermuda Midlothian Dale Clover Hill Matoaca Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B. CONSENT ITF/~S 8.B.1. APPROVItL OF GRANT FUNDS FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO BE USED TO COMPT.RTE UPGRADES TO THE MAIN COURTHOUSE VIDEO ARRAIG~.~T SYSTEM On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Sheriff's Office to receive and appropriate $55,496 in grant funds from the Department of Criminal Justice Services for completion of upgrades to the Main Courthouse video arraignment system and authorized a $18,499 increase in appropriations for the required local match. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.2. ADOPTION OF RESOLUTIONS 8.B.2.a. RECOGNIZING MR. RICHARD T. LIMERICK, GENERAL SERVICES, UPON HIS RETIRE~.NT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: 00-59 2/o /oo WHEREAS, Mr. Richard T. Limerick retired on February 1, 2000 after providing twenty-seven years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Limerick began his service in 1972 as a Laborer and retires as a Labor Crew Chief in the Buildings and Grounds Division of the Department of General Services; and WHEREAS, Mr. Limerick has seen the County's physical plant grow from sixty thousand square feet to over one million square feet and fifty-five buildings; and WHEREAS, Mr. Limerick always performed his duties and responsibilities in a faithful and dependable manner often responding to emergencies after normal work hours and on weekends and holidays; and WHEREAS, Mr. Limerick always placed the welfare and safety of citizens and fellow County employees above his own personal comfort and feelings and will be missed by his fellow co- workers; and WHEREAS, Mr. Limerick is known for his friendly easy going manner and his ability to get along with his fellow workers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Richard T. Limerick and extends their appreciation for his dedicated service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.2.b. AUTHORIZING THE COUNTY ADMINISTRATOR TO APPLY FOR A GRANT FROM THE CHESAPEAKE BAY LOCAL ASSISTANC~ DEPARTMENT FOR DEVELOPMENT OF A RESOURCE PROTECTION AREA FACT SHEET On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Chesapeake Bay Preservation Act establishes that the Chesapeake Bay Local Assistance Board is responsible for carrying out the purposes and provisions of Chapter 21 of the Code of Virginia; and WHEREAS, the Chesapeake Bay Local Assistance Board has promulgated a Request for Proposals to the Local Assistance Competitive Grants Program; an,~ WHEREAS, the Board of Supervisors is the duly elected legislative body for Chesterfield County, Virginia, an eligible entity under the Local Assistance Competitive Grants Program; and WHEREAS, in accordance with the FY 2001 Competitive Grants Program Request for Proposals, it is required that a Resolution Authorizing the Submission of a Grant Application be received from all localities party to a grant proposal; NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors that the County Administrator, Lane B. Ramsey, be authorized to 2/o9/oo 00-60 apply on behalf of the B¢~ard of Supervisors for a grant in the amount of $5,000 from :he Chesapeake Bay Local Assistance Department for the purpoise of development of a fact sheet on resource protection area~. AND, BE IT FURTHER ~ESOLVED, that if the grant is awarded, Chesterfield County here~y agrees to pay for the full costs of the grant project, notI to exceed $9,000 in total costs, providing that certain ~f these costs are subject to grant reimbursements totaling$5,000, which shall be payable from the Chesapeake Bay Local Assistance Department in accordance with a contractual agreement ito be executed between the County of Chesterfield and the Chesapeake Bay Local Assistance Department, and that,i if the County of Chesterfield subsequently elects to Icancel this project, the County of Chesterfield hereby agrees to reimburse the Chesapeake Bay Local Assistance Department for the total amount of funds expended by the Department through the date the Department is notified of such cancellation. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None· 8.B.2.c. RECOGNIZING MR PREPAREDNESS A DEPARTMENT OF RETIREMENT On motion of Mr. McHale, · GEORGE O. URQUHART, DIRECTOR OF .qDMITIGATION DIVISION, VIRGINIA ~MERGENCY SERVICES, UPON HIS seconded by Mrs. Humphrey, the Board adopted the following re~olution: WHEREAS, Mr. Georg$ O. Urquhart, has retired from the Virginia Department of Emergency Services as Director of the Preparedness and Mitigation Division, to become the Executive Director of the Commis$ion on Local Government under the Secretary of Administration; and WHEREAS, Mr. Urquhart has served the citizens of Virginia since 1979 through his dedication and sincere effort for the , I good of emergency serv~cgs; and WHEREAS, Mr. Urquh~rt has provided his leadership in assisting local governments with developing their Radiological Emergency Preparedness P~ans; and WHEREAS, Mr. Urquhart has dew, loped and facilitated many projects, including the Hurricane Inland Sheltering Plan; and WHEREAS, Mr. Urq~hart has co-chaired the Virginia Emergency Management Ageincy Conference Program Committee for the Severe Weather Conference 1999 and 2000, serving emergency managers around the stat~; and WHEREAS, Mr. Urqu~art has assisted state and local emergency management in istate legislative matters, including the review of the State Disaster Law. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. George O. Urquhart and extends their appreciation for his outstanding performance and selfless dedication, and congratulations upon his retirement. 00-61 2/09/00 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Urquhart and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller Nays: None. 8.B.2.d. SUPPORTING THE PROMOTION OF OUR VIRGINIA PARKS SYSTEM. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Commonwealth of Virginia has 34 state owned and operated parks and historical sites that attract over five million visitors annually and which contribute more than $100 million annually to the local economy; and WHEREAS, the 7,625 acre Pocahontas State Park is located within Chesterfield County, and WHEREAS, citizens of the Commonwealth supported a $95 million bond referendum to purchase new parks and repair existing parks so these publicly-held lands can provide the citizens the opportunities to improve their outdoor experience and understanding of the environment in which we all live and benefit; and WHEREAS, every state park has received or is scheduled to receive a strategic master plan for the continuing improvement of the visitor experience supported by the community; and WHEREAS, visitation at our state parks has risen 3.71 percent annually over the last decade and interpretation and educational programs offered have doubled and participation in these programs has tripled; and WHEREAS, the Commonweai~h of Virginia's support for the state systems ranks 48th out of 50 in state per capita spending, and there is a demonstrated need for additional funding to continue the improvements and implementation of the master plans; and WHEREAS, state parks are exempt from local taxes and the tourists visiting the state parks support local businesses and economy and provide sales tax to assist local governments in providing resources to the citizens. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors supports the concept of strategic planning and encourages the General Assembly to appropriate addition funding that will afford the Virginia Division of State Parks the opportunity to continue to improve and implement the strategic plans. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2/o /oo 00-62 8 .B.2 OPPOSING THE P~LIC PRIVATE TRANSPORTATION ACT PROPOSAL TO CONSTRUCT ROUTE 288 AS A TOLL FACILITY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Route 288 is under construction in Chesterfield County; and WHEREAS, the completion of Route 288 from the Powhite Parkway to 1-64 has loDg been a priority for Chesterfield County and the Richmond region; and WHEREAS, the Route 288 Freeway Committee, comprised of business executives from the metropolitan area, civic groups and citizens at large have recognized the importance of completing Route 288 as a non-toll facility; and WHEREAS, the Governor of the Commonwealth announced in 1997 that funds were being provided for the construction of Route 288 as a non-toll facility to boost economic development throughout the region; and WHEREAS, the Virginia Department of Transportation (VDOT) also announced the construction of Route 288 would be completed by 2002; and i WHEREAS, a proposal has been submitted by Virginia Transportation ConstructOrs (VTC), under the provisions of the Public Private Transportation Act, to the Virginia Department of Transportation to construct Route 288 as a toll facility; and WHEREAS, the VTC proposal is in total opposition to the Commonwealth's commitment to construct Route 288 as a non-toll facility and is opposed by Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Superviso!rs hereby requests the Commissioner of the Virginia Department of Transportation to reject VTC's and any future proposals wh!ich provide for the construction of Route 288 as a toll facility. AND BE IT FURTHER! RESOLVED, that this resolution be forwarded to Chesterfield County's Congressional and Legislative Delegations with a request that they take all actions necessary to prohibit the imposition of tolls on Route 288. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren stated that ~here is at. least one private company that wishes to gain the support of Virginia Department of Transportation (VDOT) for the purpose of completing the construction of Route 2~8 and has indicated an interest in charging tolls in exchahge for completion of the work. He further stated that he is opposed to adding a toll road to the County's road system. Mrs. Humphrey and Mr. Miller both stated that they are opposed to charging tolls on Route 288. 00-63 2/o /oo Hr. Barber stated that the completion of Route 288 is currently unfunded and that he feels the County should use whatever means available to promote the funding of Route 288, either through the Public-Private Partnership Act without tolls or in the traditional fashion through State funds. 8.B.3. STATE ROAD ACCEPTANCR On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of VirGinia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Change to ~e Secondary ~stem of StYe Hi.ways: Addition Bas~ Mr Change: Addition, New s~divgion stre~ ~Uory Re~rence: §33.1-~9 Pr~ect: Poplar Creek, Section E · Laurel Top Place, Stme Route Number: 6~2 From: Laurel Top DR (~. 6052) To: Cul-de-sac, a distance of 0.07 miles. Right-o~way reco~ was filed on 4/11/94 in ~e Office Of Clerk Of Circuit Court in Pb. 83; Pg. 1~, wi~ a wid~ of 50 Feet · Oak T~ber CouP, State RoUe Number: 6063 From: Laurel Top DR (~. 6052) To: Cul-de-sac, a distance of 0.~ miles. Right-o~way record was filed on 4/11/94 in ~e Office Of Clerk To Circuit Cou~ in Pb. 83; Pg. 1~, wi~ a wid~ of 40 Feet · Laurel Top Dr~e, State RoUe Number: 60~ From: Oak Timber CT (Rt. ~63) 2/os/oo 00-64 To: Existing Laurel Top DR (Rt. 6052), a distance of 0.05 miles. Right-of-way record was filed on 4/11/94 in the Office Of Clerk To Circuit Court in Pb. 83; Pg.100, with a width of 50 Feet · Laurel Top Drive, State Route Number: 6052 From: Laurel Top PL (Rt. 6062) To: Oak Timber CT (Rt. 6063), a distance of 0.07 miles. Right-of-way record was filed on 4/11/94 in the Office Of Clerk To Circuit ,Court in Pb. 83; Pg. 100, with a width of 50 Feet · Laurel Top Drive, State Route Number: 6052 From: End of Road, 0.20 Mi S of Wilson Wood RD (Rt. 6055) To: Laurel Top PL 0.13 Mi S of Wilson Wood RD (Rt. 6055), a distance of 0.07 miles. Right-of-way record was filed on 4/11/94 in the Office Of Clerk To Circuit Court in Pb. 83; Pg.100, with a width of 50 Feet Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.4. SET DATE FOR PUBLIC HEARING FOR AMENDMENTS TO THE MIDLOTHIAN AREA COMMUNITY PLAN, THE ROUTE 288 CORRIDOR PLAN AND THE UPPER SWIFT CREEK PLAN AND RELATED ORDINANCE AMENDMENTS TO REDUCE SUGGESTED DENSITIES FOR RESIDENTIAL r)EVELOPMENT THAT GENERALLY DRAINS TO SWIFT CREEK RESERVOIR On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of March 15, 2000 at 7:00 p.m. for a public hearing to consider amendments to the Midlothian Area Community Plan, the Route 288 Corridor Plan and the Upper Swift Creek Plan and related ordinance amendments to reduce suggested densities for residential development that generally drains to Swift Creek Reservoir. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.5. AUTHORIZATION FOR AMERICAN TOWER TO APPLY FOR SUBSTANTIAL ACCORD AND A CONDITIONAL USE AND VARIANCES FOR HEIGHT~'AND SETBACKS OR A CONDITIONAL USE PLANNED DEVELOPMENT WITH HEIGHT AND SETBACK mYCEPTIONS FOR THE USE, EX]~ENSION OR REPLACEMENT OF THE COMMUNICATIONS TOWER AT HARROWGATE PARK On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized American Tower to apply for substantial accord and a conditional use and variances for height and setbacks or a conditional use planned development with height and setback exceptions for communications tower/antenna at Harrowgate Park. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-65 2/09/00 8.B.6. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACOUISITION OF AN EASEMENT FOR THE RUFFIN MI?.~. ROAD WATERLINE After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Attorney to proceed with eminent domain and exercise immediate right of entry pursuant to Sections 15.2-1904 and 1905 of the Code of Virginia, for the acquisition of an easement for the Ruffin Mill Road waterline and instructed the County Administrator to notify the owner by certified mail on February 11, 2000, of the County's intention to take possession of the easement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.7. CONVEYANCE OF A VARIABLR WIDTH EASEM~.~T TO VIRGINIA ELECTRIC AND POWER COMPANY TO R~LOCATE AN EXISTING POWER LINE ACROSS COUNTY PROPERTY TO SERVE OLD HUNDRED MILL SUBDIVISION, SECTION A 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 variable width easement agreement with Virginia Electric and Power Company %o relocate an existing power line across County property to serve Old Hundred Mill Subdivision, Section A. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.8. CONVEYANCE OF EASEMENTS 8.B.8.a. TO VIRGINIA ELECTRIC AND POWER COMPANY TO RELOCATE POWER LINES IN CONJUNCTION WITH THE WARBRO ROAD WIDENING PROJECT 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 relocate power lines in conjunction with the Warbro Road Widening Project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.8 .b. TO BELL ATLANTIC-VIRGINIA, INCORPORATED FOR INSTALLATION OF UNDERGROUND CABLE ACROSS COUNTY PROPERTY TO SERVE CHESDIN SHORES SUBDIVISION, SECTION 1 After brief discussion, 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 2/o9/oo 00-66 easement agreement with Bell Atlantic-Virginia, Incorporated to install underground cable across County property to serve Chesdin Shores Subdivisio!n, Section 1. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 B. 9. REQUESTS FOR PERMISSION 8.B.9.a. DAVID R. RUSSELL AND KAREN F. RUSSELL TO INSTALL A PRIVATE WATER SERVICE TO SERVE PROPERTY ON CARTERET ROAD On motion of Mr. McHale, iseconded by Mrs. Humphrey, the Board approved a request from David R. Russell and Karen F. Russell to install a private water service to serve property at 5300 Carteret Road and authorized the County Administrator to execute the water connectkon agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.9.b. CARTER L. BURKEY, SR. AND SHEILA B. BURKEY TO INSTALL A PRIVATE WATER SERVICE TO SERVE PROPERTY ON POINT OF ROCKS ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Carter L. Burkey, Sr. and Sheila B. Burkey to install a private water service to serve property at 1013 Point of Rocks 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.10. APPROPRIATION OF FUNDS 8.B.10.a. FOR THE COALBORO ROAD PAVING PROJECT On motion of Mr. McHale, iseconded by Mrs. Humphrey, the Board appropriated $120,000 i~ anticipated Virginia Department of Transportation reimbursements for the Coalboro Road Paving Project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.10.b. FOR THE OLD HUNDRED ROAD SHOULDER PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $200,000 in anticipated Virginia Department of Transportation reimbursements for the Old Hundred Road Shoulder Project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-67 2/o /oo 8.B.11. AWARD OF CONSTRUCTION CONTRACT FOR POCOSHOCK CBw. w.K AERIAL SEWER LINE CROSSING E~.RGENCY R~HABILITATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract in the amount of $581,918 to InfraCorps of Virginia, Incorporated for County Project Number 99-0235, Pocoshock Creek aerial sewer line crossing emergency rehabilitation; appropriated $400,000 from wastewater fund balance to 5P-898601R - Sewer Facilities Rehabilitation to cover the cost of construction and contingencies; and authorized the County Administrator to execute the necessary construction documents. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND MIDLOTHIAN DISTRICTS TO THE FIRE DEPARTMENT TO SPONSOR A REGIONAL FIREFIGHTER COMBAT CHALLENGE COMPETITION IN THE COUNTY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $5,000 from the District Improvement Funds ($1,000 from each district) to the Fire Department to sponsor a regional Firefighter Combat Challenge competition in the County. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B.13. APPROVAL OF NAMING THE WESTERN ~ PARK SITE AFTER MR. IRVING. HORNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the naming of the Western Area Park Site "The Irvin G. Hornet Park." Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHRDULED MATTERS OR CLAI~ There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted a status report on the General Fund Balance, Reserve for Future Capital Projects, District improvement Fund, and Lease Purchases. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2/09/00 00-68 11. DINNER On motion of Mr. Barber, seconded by Mr. Miller, the Board recessed to the Administration Building, Room 502 for a dinner meeting with members of the Community Services Board. Reconvening: Mr. Mac Deadmore, Chairman of the Community Services Board (CSB), expressed appreciation for the opportunity to meet with the Board. He presented an overview of recommendations of the CSB Structure Task Force and FY1999 accomplishments, including serving over 200 more persons with substance abuse problems than in FY98; covering $96,000 shortfall through increased revenues; and opening the first 24-hour Group Home serving persons with both mental illness and mental retardation. Ms. Susan Kalanges, Bermuda District. representative of the CSB, described the impact thatlthe 24-hour Group Home has had on her daughter who is a resident there. She expressed appreciation for the efforts of the CSB staff towards documenting the needs of citizens which led to the receipt of over $3.5 million in services. She stated that 97 percent of consumers chose Chesterfield CSB as their service provider and because of this, five new group homes will be opened; 89 new full-time persons will be hired; and a $316,000 budget shortfall is anticipated to be covered in FY2000. She further stated that the Case Manager position authorized last year by the Board has had a significant impact on services by decreasing caseload sizes. Mr. Richard Scales, Vice Chairman of the CSB, reviewed the FY00-FY01 Budget Comparison for Expenditures and Revenue and Revenue by Source from FY93-FY01. He stated that fees have increasingly become the predominant source of revenues for CSB operations and continued services. He further stated that the demand for services continues to grow and there are still waiting lists for many services. He stated that the CSB's greatest immediate need is for a part-time pharmacy assistant. He expressed concerns that there are no additional funds for community mental health, mental retardation and substance abuse services in Governor Gilmore's budget as submitted to the General Assembly. He stated that the State Department of Mental Health, Mental Retardation and Substance Abuse Services has declared its intention to identify priority populations for whom services can be provided for by State funds and noted that certain groups will be omitted, including perpetrators and victims of domestic violence and sexual abuse and people suffering from alcohol or drug abuse but not currently physically addicted to those substances. He expressed concerns relative to the CSB's ability to maintain the current level and high quality of service currently being provided to citizens and stated that, because the rates of Medicaid reimbursement have not increased since 1991, the ability to cover CSB cost increases through reimbursement is diminishing. He expressed appreciation for the yearly merit increases provided by the Board for CSB employees and stated that, by FY2002 there will be an unfunded merit increase exceeding $500,000. He stated that Mr. Ramsey has directed the Budget Department to work with the CSB in an effort to find a long-term solution to the funding of merit increases and stated that, without a solution, the CSB will not be able to continue to provide the same level and quality of services. 00-69 /o /oo Mr. Deadmore stated that the CSB faces a challenging future, expressed appreciation for the Board's past support, and requested the Board's support to help the CSB keep its commitment to address the mental health, mental retardation and substance abuse needs of citizens. Discussion, questions and comments ensued relative to the cost of a full-time senior clinician and to the priority populations that may not be serviced with State funds because of new regulations. Mrs. Humphrey requested that Dr. Lowe prepare a breakdown of State nonpriority populations and the amount of funding for each that will not be included in the State's formula. There was brief discussion relative to actions being considered by the General Assembly relative to CSB budget issues. Mrs. Humphrey expressed appreciation to the CSB for the informative presentation and reviewed the critical needs of the CSB. There was brief discussion relative to the use of County surplus property for possible group homes. It was generally agreed to recess to the Public Meeting Room to continue the regular schedule meeting. Reconvening: Mr. Ramsey stated that Mrs. Jean Smith, former Director of the Social Services Department passed away on February 5, 2000. He requested that Reverend Dortch remember her family in prayer. 12. INVOCATION Reverend Robert Dortch, the invocation. Pastor of Shiloh Baptist Church, gave 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Patrick Auld, member of Boy Scout Troop 876, and Mr. Brent McGarris, member of Boy Scout Troop 815, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING AND CELEBRATING BI.ACK HISTORY MONTH WITH MUSICAL SELECTIONS FROM MR. DAVID BROWN, MEMBER OF SHILOH BAPTIST CHURCH Mr. Stith recognized seven members of the Black History Month Committee present at the meeting and expressed appreciation for their efforts in planning the month's events. He then introduced Mr. David Brown, member of Shiloh Baptist Church, to present musical selections in honor of Black History Month. 2/os/oo 00-70 Mr. Brown performed two musical selections. Mr. Warren expressed appreciation 'to Mr. Brown, on behalf of the Board, for his performance. Members of the Black History Month Committee came forward to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, February is recognized as "Black History Month" and is a time to formally acknowledge the many tremendous contributions of African-Americans to the world and Chesterfield County; and WHEREAS, Chesterfield County values the growing diversity of the population of the County and the diverse composition of the workforce; and WHEREAS, Chesterfield County has been the leader in counties celebrating this worthwhile event for ten years and shows support for the event through its generous contributions and County employee involvement for the event; and WHEREAS, Chesterfield County, with generous support from local businesses and community organizations, such as the National Association for the Advancement of Colored People (NAACP); the Southern Christian Leadership Conference (SCLC); Philip Morris USA; Capital One; Bell Atlantic-Virginia; Crestar Bank; Mr. and Mrs. William H. Goodwin, Jr.; Carter-Wallace Incorporated; Land America Financial Group Incorporated; COMCAST; Circuit City; Brown and Williamson Tobacco Company; ABB Power Generation; IBM; ICI Polyester; E.I. Dupont; Retail Merchants Association of Greater Richmond; BB&T; McGuire, Woods, Battle and Boothe; Mr. and Mrs. John Cogbill; Virginia Power; Maruchan VA Incorporated; Heilig-Meyers Furniture Company; DSC Logistics; !Bank of McKenney; Robious Sports and Fitness; Shoosmith Brothers Incorporated; Filtrona Richmond Incorporated; Chippenham and Johnston-Willis Hospitals; Hewlett-Packard; Tredegarl Industries; Weidmuller; Columbia Gas; Chesapeake Corporation; Wachovia Bank; Ukrop's; Chesterfield Towne Center; Allied Signal; Henrico Doctor's Hospital; Chesterfield Employees Federal Credit Union, Butterworth's Furniture, Lucy Corr Nursing Home, Petals and Bows, Walmart, Ail-Tel; Central Virginia's Public TV WCVE-TV23 and WCVW-TV 57 and Virginia State University have chosen to celebrate the past nine years by providing quality events which include nationally known jazz artists and Motown groups, prominent speakers, educational opportunities, academic scholarships, local drama and singing groups; and WHEREAS, Chesterfield County ihs holding its Tenth Annual "Black Histery Menth" ceilebratien in 2000 te cemmemorate the vast accemplishments of iAfrican-Americans, and the intent of this celebration is to ~ather all citizens ef the Ceunty in appreciatien ef the worthwhile efforts of African-Americans, with special emphasis on celebrating the achievements ef these se significant to this great ceuntry. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its sincere appreciation to each of its corporate and civic sponsors for their continued support for the County's Black History Month 00-71 2/o /oo Celebrations and recognizes February as "Black History Month" in Chesterfield County. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Ms. Melissa Bowers, Chairperson of the Black History Committee, accompanied by six members of the Committee, and commended the Committee for its efforts in this important event. Mr. McHale excused himself from the meeting. 14.B. RECOGNIZING MR. RICHARD M. KING FOR HIS SERVICE TO THE AIRPORT ADVISORY BOARD Mr. Pitaro introduced Mr. King who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Richard "Dickie" King represented the Bermuda District as a member of the Chesterfield County Airport Advisory Committee from February 1992 to December 1999; and WHEREAS, Mr. King served as Chairman of the Committee in 1996 and 1997; and WHEREAS, Mr. King's assistance was very helpful during the development of the Central Area Plan in protecting contested areas around the airport; and WHEREAS, the Chesterfield County Airport has been named as one of the best reliever airports in the state; and WHEREAS, the continuing growth in airport activities is having a beneficial economic impact on the County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Richard "Dickie" King and expresses its sincere gratitude and appreciation for his service to the County as a member of the Chesterfield County Airport Advisory Committee representing the Bermuda District. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. King and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, and Miller. Nays: None. Absent: McHale. Mr. Warren presented the executed resolution to Mr. King and expressed appreciation for his dedicated service on the Airport Advisory Board. Mr. King expressed appreciation to the Board opportunity to serve on the Airport Advisory Board. for the 2/o /oo 00-72 Mr. McHale returned to tile meeting. 14.C. RECOGNIZING MR. ~|ITH WAYNE SPROUSE, GENERAL SERVICES, UPON HIS RETIREMENT Mr. Pitaro introduced Mr the resolution. On motion of the Board, WHEREAS, Mr. Keith 2000 after providing th service to Chesterfield · Sprouse who was present to receive ~he following resolution was adopted: ~ayne Sprouse retired on February 1, rty years of dedicated and faithful .~ounty; and WHEREAS, Mr. Sprousel began his service on October 1, 1969 as a mechanic's helper Department and then Maintenance Shop, Departr WHEREAS, Mr. Sprout vehicle fleet grow from a in the Chesterfield County Fire as Superintendent, Heavy Vehicle lent of General Services; and .e has seen the County's automotive }proximately 300 vehicles to more than 2,500 vehicles; and WHEREAS, Mr. Sprous( and maintenance of all Co~ vehicles; and WHEREAS, Mr. Sp~ was responsible for service, repair ~nty and School Board medium and heavy ouse performed his duties and responsibilities in a most dependable and proficient manner; and WHEREAS, Mr. Sprouse manner, his ability to w and caring for his fello~ NOW, THEREFORE BE County Board of Superviso Sprouse and extends th, service to the County retirement, and their retirement. AND, BE IT FURTH[ resolution be presented t be permanently recorded Supervisors of Chesterfi( Ayes: Warren, Humphrey, Nays: None. Mr. Miller presented the accompanied by his wi dedicated service to th retirement. is known for his friendly, easy going ~rk with others in an effective way, co-workers. IT RESOLVED, that the Chesterfield ~s publicly recognizes Mr. Keith Wayne ~ir appreciation for his dedicated , their congratulations upon his oest wishes for a long and happy R RESOLVED, that a copy of this Mr. Sprouse and that this resolution among the papers of this Board of id County, Virginia. ~arber, McHale and Miller. executed resolution to Mr. Sprouse, e, expressed appreciation for his County, and wished him well in his 14.D. RECOGNIZING MR. BI?.?. BEVINS FOR HIS PHILANTHROPIC WORK, AND DEDICATION TO CHESTERFIELD COUNTY CITIZENS Mr. Kappel introduced Mr. Bill Bevins who was present to receive the resolution. 00-73 2/09/00 On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Bill Bevins is Lite 98~s well-known morning personality and is one of the Richmond area's most popular local celebrities; and WHEREAS, Mr. Bevins also is the News Channel 6 Saturday morning weatherman; and WHEREAS, Mr. Bevins hosts the televised Virginia State Lottery drawings; and WHEREAS, Mr. Bevins has received the "Broadcaster of the Year" award from the Richmond Broadcasters Hall of Fame; and WHEREAS, Mr. Bevins' radio program has been voted "Best Morning Sho~' by the readers of RICHMOND magazine for the past four consecutive years; and WHEREAS, Mr. Bevins' other awards and accolades are too numerous to list; and WHEREAS, Mr. Bevins has helped raise hundreds of thousands of dollars for Easter Seals, the March of Dimes and other charities throughout central Virginia; and WHEREAS, Mr. Bevins is currently actively involved in raising funds for Easter Seals and the Children's Home Society of Virginia; and WHEREAS, Mr. Bevins is a Chesterfield County resident. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Bill Bevins, expresses its appreciation for his years of philanthropic work and entertainment, and wishes him continued success in his future endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Bevins and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber presented the executed resolution to Mr. Bevins, accompanied by members of his family, expressed appreciation for his philanthropic work, congratulated him on thirty successful years of broadcasting and wished him well in his upcoming fundraising event. Mr. Bevins expressed appreciation to the Board recognition. for the 14.E. RECOGNIZING C~RSTERFIELD COMMUNITY SERVICES BOARD MEMBERS 14.E.1. DR. CAROLYN COCKREL?, Mr. Hammer introduced Dr. Cockrell who was present to receive the resolution. 2/o /oo 00-74 On motion of the Board, the following resolution was adopted: WHEREAS, Carolyn S. Cockrell,, Ph.D., representing the Bermuda Magisterial District, has served as a valued and dedicated member of the Chesterfield Community Services Board (CSB) since her appointment by the Chesterfield Board of Supervisors in January 1994; and WHEREAS, Dr. Cockrell has served as a CSB Board member for six years, serving with distinction as CSB Chairman in 1998, Secretary in 1997, as a faithful member of each CSB Standing Committee and Chairman of the Finance Committee; and WHEREAS, Dr. Cockrell is recognized as an articulate spokesperson and advocateifor mental health, mental retardation and substance abuse services, locally and statewide, having been appointed by the Chesterfield County Board of Supervisors to serve as a member and Co-Chair of the Task Force to Determine the Feasibility of an Alternative Structure for the Chesterfield Community Services Board; and WHEREAS, Dr. Cockrell demonstrated thoughtful guidance and commitment during her terms as a member of the Community Services Board. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Carolyn S. Cockrell, Ph.D. and expresses its sincere gratitude and appreciation for her significant contributions in the provision of quality mental health, mental retardation and substance abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Dr. Cockrelt and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller Nays: None. Mr. Barber presented the ~executed resolution to Dr. Cockrell, accompanied by members o!f the Community Services Board, and expressed appreciation for her dedicated service and contributions to the Community Services Board. 14.E.2. MR. ERNEST JOHNSON Mr. Hammer introduced Mrs. Johnson 'who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Ernest E. Johnson, representing the Midlothian Magisterial District, has served as a valued and dedicated member of the Chesterfield Community Services Board (CSB) since his appointment by the Chesterfield County Board of Supervisors in January 1994; and WHEREAS, Mr. Johnson has served as a CSB Board member for two terms, serving with distinction as Chairman of the CSB in 1999, Vice Chairman in 1998, as a faithful member of each CSB Standing Committee and Chairman of the Policy Committee in 1996; and 00-75 2/09/00 WHEREAS, Mr. Johnson is recognized as an articulate spokesman and consumer family advocate for mental health, mental retardation and substance abuse services, locally and statewide, having served on the Board of Directors and as Chairman of the non-profit corporation Chesterfield Alternatives, Incorporated; and WHEREAS, Mr. Johnson demonstrated thoughtful guidance and commitment during his terms as a member of the Community Services Board. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Ernest E. Johnson and expresses its sincere gratitude and appreciation for his significant contributions in the provision of quality mental health, mental retardation and substance abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Johnson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber presented the executed resolution to Mr. Johnson, accompanied by members of the Community Services Board, and expressed appreciation for his dedicated service and contributions to the Community Services Board. Mr. Johnson expressed appreciation on behalf of himself, Dr. Cockrell and Mrs. Warren for the opportunity to serve on the Community Services Board. 14.E.3. MRS. JUDITH WARREN Mr. Hammer introduced Mrs. Warren who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Judith A. Warren, representing Matoaca Magisterial District, has served as a dedicated and faithful member of the Chesterfield Community Services Board (CSB) since her appointment by the Board of Supervisors in January 1990; and WHEREAS, during her nine years as a member of the Chesterfield Community Services Board, Mrs. Warren has served with distinction as Secretary in 1996 and as a faithful member of each CSB Standing Committee and Chairman of the Program and Finance Committees; and WHEREAS, Mrs. Warren has for a number of years been an active volunteer and concerned citizen of Chesterfield County, serving in numerous leadership capacities including the Civic and Political Action Association of the Matoaca Magisterial District (CAPAMMD), the Richmond Area Visiting Teacher/School Social Worker Association and the Richmond Chapter of National Association of Social Workers; and 00-76 2/o /oo WHEREAS, Mrs. Warren was appointed by the State Human Rights Committee to serve as a member of the Chesterfield Local Human Rights Committee in 1988 and was also appointed in 1990 by the State Mental Health Board to serve on the Housing Education Subcommittee; and WHEREAS, Mrs. Warren is recognized locally and throughout the Commonwealth for her steadfast dedication and genuine concern for persons with mental disabilities. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Judith A. Warren and expresses its sincere gratitude and appreciation for her many years of commitment and significant contributions in the provision of quality mental health, mental retardation and substance abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Judith A. Warren and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber presented the executed resolution to Mrs. Warren, accompanied by members of the Community Services Board, and expressed appreciation for her dedication and commitment to the Community Services Board. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT T~R RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 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 the applicant has requested to withdraw Case 99SN0164 from consideration. Mr. Dean Hawkins, representing the applicant, requested that Case 99SN0164 be withdrawn from consideration. There was no opposition to the withdrawal present. O0 -77 2/09/00 On motion of Mr. McHale, seconded by Mr. Barber, the Board acknowledged withdrawal of Case 99SN0164. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 99SN0256 (Amended) In Matoaca Magisterial District, SYDNEY VENTURES VI, LTD. requested rezoning and amendment of zoning district map from General Business (C-5) to Community Business (C-3) of 6.9 acres and from Agricultural (A) to Community Business (C-3) of 6.3 acres. 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 13.2 acres fronting approximately 850 feet on the south line of Hull Street Road, also fronting approximately 750 feet on the west line of North Spring Run Road and located in the southwest quadrant of the intersection of these roads. Tax ID 725-671- 3757 and 724-671-9228 (Sheet 15). Mr. Jacobson stated that the applicant has requested a deferral to March 15, 2000. Mr. John Cogbill, representing the applicant, requested a deferral until March 15, 2000. There was no opposition to the deferral present. Mrs. Humphrey referenced a letter she received from Mr. and Mrs. Bottoms, residents of Hull Street Road and stated that she has received a requesE from the Richmond Times-Dispatch for a copy of the letter. She requested that Mr. Cogbill contact the Times-Dispatch relative to the request for the letter. She stated that she would grant a sixty day deferral to allow this case to be considered at the same time as the adjacent zoning proposal to the south so that site plans can be drafted simultaneously to address access issues. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to defer Case 99SN0256 until April 12, 2000. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SR0182 In Bermuda Magisterial District, WILLIAM H. HAMBRIGHT requested renewal of Mobile Home Permit 93SN0123 and amendment of zoning district map to park a mobile home in a Heavy Industrial (I-3) District. The density of this proposal is approximately 2.17 units per acre. The Comprehensive Plan suggests the property is appropriate for general industrial use. This property fronts the east line of Haven Avenue, approximately 350 feet south of Bellwood Road, and is better known as 8329 Haven Avenue. Tax ID 796-675-2588 and 796-675-2495 (Sheet 18). Mr. Jacobson presented a summary of Case 00SR0182 and stated that staff recommends approval for seven years, subject to conditions. 2/09/00 00-78 Mr. William Hambright stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SR0182 for seven (7) years, subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than twenty (20) feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. o Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the office of Building Inspections. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SR0183 In Bermuda Magisterial District, DORIS R. HAMBRIGHT requested renewal of Mobile Home Permit 93SN0151 and amendment of zoning district map to park a mobile home in a Heavy Industrial (I-3) District. The density of this proposal is approximately 4.35 units per acre. The Comprehensive Plan suggests the property is appropriate for general industrial use. This property fronts the east line of Haven Avenue, approximately 280 feet south of Bellwood Road and is better known as 8321 Haven Avenue. Tax ID 796-676-2102 (Sheet 18). Mr. Jacobson presented a summary of Case 00SR0183 and stated that staff recommends approval for seven years, subject to conditions. Mr. William Hambright stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board 2/09/00 00-79 approved Case 00SR0183 for seven (7) years, subject to the following conditions: · The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than twenty (20) feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. o Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the office of Building Inspections. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 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 presented a summary of Case 99SN0311 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Route 360 Corridor Plan. He stated that, since the Planning Commission's consideration of the case, the applicant has submitted an amendment to Proffered Condition 5 to eliminate 5.d., and the Board would need to suspend the rules in order to consider the amendment. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board suspended its rules to allow for consideration of the amended proffered condition. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: Nays. Mr. Jim Theobold, representing the applicant, stated that the oo-8o 2/os/oo recommendation is acceptable. There was no opposition present. On motion .~f Mr. Warren, seconded by Mr. McHale, the Board approved Case 99SN0311 and accepted the following proffered conditions: Utilities The public wassewaEer system shall be used. (U) Landscaped BMPs Any facilities required for water quantity or quality connrol located within any setbacks along public rights-of-way shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to and visual amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Commission for review and approval. (EE) o Access. Direct access to Route 360 shall be limited to one (1) entrance/exit, located approximately midway on the Property's Route 360 frontage. The exact location of this iaC~ss shall be approved by the Transportation Department. (T) Road Improvements. Prior to issuance of any occupancy permits, additional pavement shall be constructed along and adjacent to the westbound lanes of Route 360 at the approved access referenced in Proffer 3 above to provide a right turn lane. The Developer shall be responsible for dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this improvement. (T) o Use Exceptions. The following uses shall not be permitted: so business schools; cocktail lounges, dining halls and nightclubs, but not including sit-down restaurants or cafeterias; hotels funeral homes or mortuaries; group care facilities; and grocery stores. (P) Architectural Treatment Review. The architectural treatments, colors and materials shall be compatible with architectural treatments, colors and materials of any approved development on GPIN 758-692-6191, 758-692-6671, 758-692-7355, 759-692-4750 and part of 759-692-0593. Prior to or in conjunction with final site plan review, restrictive covenants shall be recorded which include that the architectural treatment of the buildings shall be reviewed by an architectural review committee composed of representatives of the Developer and a person appointed by the Route 360 Corridor Committee. (P) o Notification of Site Plan. The Owner/Developer shall be responsible for notifying, in writing, of the submission of site plans to the following: (I) the last known contact/representative on file with the County Planning Department of the Route 360 Corridor Committee; and (ii) the last known president or representative on file with 00-8~ 2/09/00 the County Planning Department for the civic associations of Surreywood, Bexley, Longwood Acres and Forestdale. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the plan. The Owner/Developer shall provide a copy of the notification letter to the Planning Department. (P) 8. Cross Access Easements. a o Prior to any site plan approval, a cross access easement for vehicular and pedestrian traffic, acceptable to the Transportation Department, across the Property from the western boundary of the Property [adjacent to GPIN 759-692-4750 and 759-692- 0593] to Hull Street Road shall be recorded. (T) Prior to site plan approval, a cross access easement for vehicular and pedestrian traffic, acceptable to the Transportation Department, shall be recorded across the Property to ensure shared use of the access to Hull Street Road to adjacent properties. This cross access easement may be recorded in phases as approved by the Transportation Department. (T) o Site Plan Submission. Site plans shall be submitted to the Planning Commission for review and approval. (P) 10. Hours of Operation. Except as stated herein, no uses shall be open to the public between the hours of 12 midnight and 6:00 a.m. The drive-through window for a drug store use may be open to the public 24 hours a day. (?) 11. Signage. Freestanding business identification signs for any buildings located on the Property shall comply with the requirements of Section 19-644 (2) m. of the Development Standards Manual for all other buildings when located within shopping centers. These signs shall be monument style signs. (P) 12. Severance. The unenforc6ability, 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. (P) 13. Outside Public Address Systems. Outside public address systems shall not be used on the Property. No conditional use or other approval shall alter this condition. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0126 (Amended) In Bermuda Magisterial District, TIDEWATER FIBRE CORPORATION - MICHAEL BENEDETTO requested rezoning and amendment of zoning district map from Light Industrial (I-l) to Heavy Industrial (I-3) with Conditional Use Planned Development to allow setback exceptions on 3.8 acres plus proffered conditions on an adjacent 11.4 acre parcel currently zoned Heavy Industrial (I- 3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial 00-82 2/09/00 use. This request lies on 15.2 acres fronting approximately 775 feet on the west line of Old Stage Road, approximately 700 feet south of Coyote Drive. Tax ID 802-657-9750 and 803-657- 0311 (Sheet 27). Mr. Jacobson presented a summary of Case 00SN0126 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 Eastern Area Land Use and Transportation Plan. Mr. Jeff Collins, representing the applicant, stated that the recommendation is acceptable. Due to someone being present to speak to the request, the request was placed in its normal sequence on the Agenda. 00SN0134 In Midlothian Magisterial District, NEXTEL COMMUNICATIONS requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and exceptions to bulk requirements in a Community Business (C-3) District. A communications tower incorporated into an existing Virginia Power structure is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 2.4 acres fronting approximately 290 feet on the north line of Midlothian Turnpike, approximately 80 feet east of Granite Spring Road. Tax ID 763-707-8341 (Sheet 7). Mr. Jacobson presented a summary of Case 00SN0134 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. Mr. Henry Waller, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 00SN0134 subject to the following conditions: There shall be no communications tower within 330 feet of the ultimate right of way of Midlothian Turnpike. Any communications tower shall be co-located on existing utility structures. (P) There shall be no signs permitted to identify this use. (m) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the oo-83 2/09/00 study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) In conjunction with the approval of this request, a sixty- two (62) foot exception to the ninety-five (95) foot rear yard setback requirement shall be granted. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0150 In Clover Hill Magisterial District, CHESTERFIELD COUNTY PLANNING COMMISSION requested Conditional Use Planned Development and amendment of zoning district map to permit governmental offices related to school use. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre. This request lies in a Residential (R-7) District on 49.0 acres and is known as 13900 Hull Street Road. Tax ID 726- 673-1225 (Sheet 15). Mr. Jacobson presented a summary of Case 00SN0150 and stated that the Planning Commission and staff recommend approval subject to conditions. He further stated that he received a telephone call from Dr. Carl Chaffin indicating that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved Case 00SN0150 subject to the following conditions: Any mobile units housing office use shall be located so as to minimize their view from Route 360 and adjacent residentially zoned parcels. Such structures shall be painted or be constructed of material compatible with the principal school structure. (P) 00-84 2/o /oo o Landscaping shall be installed around the perimeter of any mobile units housing the office use to enhance the visual appearance of the mobile units. The exact species, spacing and design shall be approved by the Planning Department. (P) Any permanent structures constructed to accommodate office use shall comply with the requirements of the Corporate Office (0-2) District in Emerging Growth Areas. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16. PUBLIC HEARINGS 16.A. TO CONSIDER THE CONVEYANCE OF A PORTION OF A SIXTY FOOT RIGHT OF WAY KNOWN AS WOOD DALE ROAD EXTENDED Mr. Harmon stated that this date and time has been advertised for a public hearing to consider the conveyance of a portion of a sixty foot right of way known as Wood Dale Road extended. Mr. Rick Minson stated that, due to the adjacent property owners' objections and unsuccessful attempt to compromise on the location of the entrance to his property, he is currently examining other alternatives. He requested a 90 day deferral in an effort to make a decision relative to the alternatives. Mr. Mack Daniels requested that the Board deny the request. Dr. Erwin Jacobs stated that the compromise offered by the applicant would be of no value to the adjacent residents and requested that the Board deny the request. Mr. McHale stated that he feels there is clear access from the right of way to the Daniels' and Jacobs' property and also feels the intent of the original developer and the County was to eventually develop the right of way as a road and, therefore, could not permit the vacation of the right of way to the disadvantage of the residents. He stated that he would, however, permit a sixty day deferral for the property owners to attempt to reach a compromise. Mr. McHale then made a motion for the Board to continue the public hearing to consider the request of Fred H. Minson and Sherry M. Minson to quitclaim a portion of a sixty foot right of way known as Wood Dale Road extended until April 12, 2000. After brief discussion, Mrs. Humphrey seconded Mr. McHale's motion. Mr. Warren called for a vote on the motion made by Mr. McHale, seconded by Mrs. Humphrey, for the Board to continue the public hearing to consider the request of Fred H. Minson and Sherry M. Minson to quitclaim a portion of a sixty foot right of way known as Wood Dale Road extended until April 12, 2000. Ayes: Warren, Humphrey, Barber, and McHale. Nays: None. Abstain: Miller. 00-8s 2/09/o0 16.B. TO CONSIDER AN AMENDMENT TO THE INTRODUCTION TO THE PLAN FOR CHESTERFIELD Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider an amendment to the Introduction to The Plan for Chesterfield. No one came forward to speak in favor of or against this issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted an amendment to the Introduction to The Plan for Chesterfield. (It is noted a copy of the amendment is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.C. TO CONSIDER THE SALE OF SURPLUS COUNTY PROPERTY ON HARROW DRIVE Mr. Harmon stated that this date and time has been advertised for a public hearing to consider the the sale of surplus property on Harrow Drive. No one came forward to speak in favor of or against this issue. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted an offer of $2,100 from Donald R. Cornett and Lorna L. Cornett for the purchase of a parcel of land containing 0.1580 acres on Harrow Drive and authorized the Chairman of the Board of Supervisors and the County Administrator to sign the necessary deed. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16 .D. TO C0NSIDER AMENDMENTS,~TO SECTION 18-33 OF THE CODE OF THE COUNTY OF CHESTERFIELD RELATING TO ADJUSTING UTILITY CHARGES Mr. Bryant stated that this date and time has been advertised for a public hearing to consider amendments to the Code of the County of Chesterfield relating to adjusting utility charges. No one came forward to speak in favor of or against this ordinance. On motion of Mr. Barber, seconded by Mr. Miller, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 18-33 RELATING TO UTILITY RATES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 18-33 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: oo-86 2/o9/oo Sec. 18-33. Adjusting utility charges. (a} When unseen leaks in water lines that the consumer is responsible for maintaining cause excessive amounts of water that the consumer does not use to pass through the meter and the consumer repairs the leaks within 30 days after he first learns of the excessive water flow, the director shall reduce the consumer's water charge by 50 percent of the water volume that exceeds the consumer's average consumption for his three previous bills. (b) When excessive water flow results from leaks in a portion of the water system that the director is responsible for maintaining, the consumer's consumption shall be reduced to the amount of the average of the three previous bills for the property. (c) If the three previous bills that are used to establish bill and consumption averages do not represent the consumer's actual consumption because the consumer has had unusual seasonal use during the previous three billing periods for irrigating or filling swimming pools, the director may select another method that more accurately reflects the consumer's normal water consumption for determining the amount of the adjustment. (d) When the excessive consumption was due to plumbing leaks in toilets, inside faucets, dishwashers, ice makers and washing machines and the consumer repairs the leak within 30 days after he first learns of the excessive water flow, an adjustment shall be based on 50 percent of the billed consumption for water (and wastewater if appropriate), that exceeds the consumer's average consumption for his three previous bills. The consumer shall only be allowed one adjustment in any 18-month period. (e) The director may adjust a single family residential consumer's utility charges when a consumer's billed consumption in a billing period is more than two times the consumer's average consumption for his three previous bills, if the director determines after an investigation by the director and the consumer that the increased consumption is unexplainable or due to documented vandalism and, therefore, not related to actual consumption. Such an adjustment shall be based on 50% of the billed consumption for water (and wastewater if appropriate) that exceeds the consumer's average consumption for his three previous bills, and shall only be given to a consumer once every three years. (f) If the consumer establishes that excessive water flow resulted from a leak or act of vandalism that did not affect his wastewater use, the director shall reduce the wastewater consumption to the amount of the average of the three previous bills. (g) The director shall only adjust the bill that immediately preceded the consumer's inquiry and the unbilled consumption that occurred after that bill was sent, but before the leak was repaired. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. oo-87 2/09/00 16.E. TO CONSIDER THE LEASING OF COUNTY PROPERTY TO CHESTERFIELD ALTERNATIVES, INCORPORATED Mr. Harmon stated that this date and time has been advertised for a public hearing to consider the leasing of County property to Chesterfield Alternatives, Incorporated. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the leasing of County property at 15610 Harrowgate Road to Chesterfield Alternatives, Incorporated and authorized the County Administrator to execute a lease agreement in a form approved by the County Attorney. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.F. TO CONSIDER THE CONVEYANCE OF RIGHT OF WAY AND EASEMENTS ALONG ROBIOUS ROAD Mr. Harmon stated that this date and time has been advertised for a public hearing to consider the conveyance of right of way and easements along Robious Road. No one came forward to speak in favor of or against this issue. On motion of Mr. Barber, seconded by Mr. Miller, the Board approved the sale of parcels of land containing 1.356 acres and .0050 acres together with temporary construction easements to the Virginia Department of Transportation, and easements to Virginia Power, and authorized the Chairman of the Board of Supervisors and the County Administrator to execute the deeds and easement agreements. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.G. TO CONSIDER REQUEST TO VACATE AND REDEDICATE SEVENTY FOOT UNIMPROVED RIGHTS OF WAY KNOWN AS PROPOSED TARTAN DRIVE AND PROPOSED FORTENBERRY DRIV~ Mr. Harmon stated that this date and time has been advertised for a public hearing to consider a request to vacate and rededicate seventy foot unimproved rights of way known as proposed Tartan Drive and proposed Fortenberry Drive. No one came forward to speak in favor of or against this issue. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a deed to vacate and rededicate seventy foot unimproved rights of way known as proposed Tarton Drive and proposed Fortenberry Drive. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-88 2/09/00 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 00SN0126 (Amended} In Bermuda Magisterial District, TIDEWATER FIBRE CORPORATION - MICHAEL BENEDETTO requested rezoning and amendment of zoning district map from Light Industrial (I-l) to Heavy Industrial (I-3) with Conditional Use Planned Development to allow setback exceptions on 3.8 acres plus proffered conditions on an adjacent 11.4 acre parcel currently zoned Heavy Industrial (I- 3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies on 15.2 acres fronting approximately 775 feet on the west line of Old Stage Road, approximately 700 feet south of Coyote Drive. Tax ID 802-657-9750 and 803-657- 0311 (Sheet 27). Mrs. Humphrey excused herself from the meeting. Mr. Jacobson presented a summary of Case 00SN0126 stated that staff recommends approval and that the Planning Commission, by a 3-0 vote with two abstentions, recommended approval subject to one condition and acceptance of the proffered conditions. He further stated that the proffered conditions exclude many heavier industrial uses on that portion of the property that is currently zoned I-3 and also provide for road improvements; restrictions on where the crushing, baling and shredding operations of the business will locate; and participation by the applicant in the Virginia Department of Transportation's "Adopt-a-Highway" Program. When asked, Mr. Jacobson stated that the proposed recycling facility would be a permitted use on the I-3 portion of the site without rezoning. Mrs. Humphrey returned to the meeting. There was brief discussion relative to the proffered conditions for road improvements and exclusions of heavier industrial uses. Mr. Jeff Collins, representing the applicant, presented a history of the request including two deferrals and the addition of proffered conditions prior to the Planning Commission's recommendation for approval. He stated that the main issues associated with the request include screening of outside storage on the property; increased traffic; aesthetics; and having the I-3 zoning extend into I-1. He further stated that he feels the applicant has addressed the issue of screening adequately and that the County ordinance more than adequately addresses it - requiring screening of all of the outside storage areas from Old Stage Road and screening the site from view of storage areas from the tract that lies to the south. He stated that it is estimated that there will initially be approximately 200 vehicle trips per day which is extremely iow for a 15 acre tract. He further stated that 4,000 vehicles per day currently travel on Old Stage Road and that generation of traffic to the proposed site after future expansion would not exceed 400 to 500 vehicles per day. He stated that, with respect to aesthetic issues, the applicant is required to put landscaping around the perimeter of the tract and will be doing berming along the south property line and along Old Stage Road with the required landscaping mandated by the County ordinance. oo-89 2/o /oo Mr. Barber excused himself from the meeting. Mr. Collins stated that the issue of expanding the I-3 zoning is nothing more than an extension of the approved land use plan for the area. He further stated that the applicant wishes to move to a new facility designed specifically for their operation and requested that the Board give positive consideration to the proposed request. Mr. Barber returned to the meeting. Mr. Richard "Dickie" King, a Bermuda District resident, recognized approximately seventy-five people present opposing the proposed development. He expressed concerns relative to the inadequate addressing of screening and trash issues. He requested that the Board review the uses currently listed for I-3 throughout the County and perhaps place them in a category of conditional use in an effort to give the Board leverage in asking any applicant for more important proffers and allow citizens' concerns to be addressed without infringing upon legal rights of applicants. Mr. C. F. "Sonny' Currin, a Bermuda District resident, expressed appreciation to Mr. Phil Cunningham, Bermuda District Planning Commissioner, and Mr. Collins for meeting with the residents relative to the proposed development. He expressed concerns relative to the applicant's difficulty in policing the aesthetics of the property; the proximity of the proposed development to Henricus Park; and problems with debris at the applicant's current facility. Mr. G. E. Henderson, a resident of the Bermuda District, expressed concerns relative to orderly County development; the well-being of surrounding property owners; and the preservation of the County's historical resources. He stated that he is strongly opposed to the proposed development and feels it would not be in the long-term best interest of the County and its citizens. He expressed concerns relative to a decrease in tourists at Henricus Park and increased truck traffic and again recognized the people present at the meeting who oppose the proposed development. Mr. Frank Leimberger expressed concerns relative to deterioration of Old Stage Road because of the proposed development; discouragement of future growth; reduction of land and business value of surrounding areas; and increased traffic. He presented slides from a Tidewater Fibre site in Chesapeake depicting unsitely areas and expressed concerns relative to the "betterment" of the County. Mr. Henry Moore, representing Holiday Signs, a neighboring business, expressed concerns relative to the need for rezoning and stated that he feels approval of the request would encroach into areas having less intense zoning. Mr. Collins stated that there is a separation from the site and adjacent residents. He further stated that there is no comparison between the proposed development and the Chesapeake site which is zoned for a solid waste transfer station and does not have screening conditions. He stated that the entire operation of shredding, baling and processing will be done inside the proposed facility which will be twice as large as the Chesapeake facility. He further stated that, when Henricus Park was developed, the Board assured property owners and developers that it would not become a detriment to the oo-9o 2/o9/oo development of their property. He stated that not allowing an I-3 use in an I-3 area defeats the purpose of the land use plan. He further stated that the applicant has taken two- thirds of their tract, limited the I-3 uses that can be put on it, and submitted a site plan to prove their good intentions. He stated that approval of the request would put limitations on the property from an I-3 and I-2 use and also add additional restrictions that would not be on the 11.4 acres presently zoned I-3. There was brief discussion relative to noise and fumes that might occur as a result of the proposed development and also to the proposed hours of operation. Mr. Warren stated that he does not feel it is fair to obligate one business to police an entire road. There being no one else to speak to the Case, the public hearing was closed. When asked, Mr. Ramsey stated that solutions to the issues identified at the current Tidewater Fibre site have either been corrected or are in the process of being corrected. When asked, Mr. Jacobson stated that there are approximately 1500-1600 zoning violations yearly in the County and that approximately 50 percent of the zoning violations are business related. He further stated that most business violations are resolved voluntarily by the property owners. Mr. McHale stated that, knowing what he knows today, he would not have approved I-3 zoning twenty years ago. He further stated that he feels it is significant that the entire site was included in the proffered conditions. He expressed concerns relative to the proximity of the proposed development to Henricus Park. He referenced other developments that are heavily industrial along Old Stage Road and stated that they were already in operation when the Henricus Foundation took over the park property. He stated that, based on recommendations from staff and the Planning Commission, and based on representations from Mr. Collins, the applicant has the right to develop. He further stated that, because the applicant has the right to develop, he feels it is important for the County to accept the proffers that have been offered in an effort to develop the property to the maximum advantage of the County. He stated that he, too, is concerned about the long-term welfare of the County. Mr. McHale then made a motion for the Board to approve Case 00SN0126 subject to one condition and acceptance of the proffered conditions. Mr. Barber seconded the motion made by Mr. McHale. When asked, Mr. Jacobson stated that the Planning Commission requested that the applicant add the larger tract to their zoning request. Mr. Barber stated that he would not have supported the 800-acre wildlife refuge in Dutch Gap if he thought that development would be stifled in the area. He further stated that he feels Mr. King's suggestion to look at putting some of the I-3 uses into conditional uses is a fair idea, but does not apply to this case because the zoning has already been approved. He stated that he feels it necessary to defend the right of the oo-9 2/o /oo property owner to conduct business according to the current zoning. Mr. Warren called for a vote on the motion of Mr. McHale, seconded by Mr. Barber, for the Board to approve Case 00SN0126 subject to the following condition: In conjunction with the approval of this request, exceptions shall be granted to allow setbacks to be regulated as though adjacent properties were zoned I-3. (P) And, further, conditions- the Board accepted the following proffered Prior to any site plan approval, thirty-five (35) feet of right-of-way on the west side of Old Stage Road, measured from the centerline of that part of Old Stage Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Old Stage Road shall be limited to one (1) entrance/exit, located towards the southern 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 ensure shared use of this access with adjacent properties. (T) Prior to issuance of an occupancy permit, the ditch along the west side of Old Stage Road shall be relocated to provide an adequate shoulder for the entire property frontage, and additional pavement shall be constructed along Old Stage Road at the approved access to provide left and right turn lanes, based on Transportation Department standards. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for these road improvements. (T) 4. The County wastewater system shall be used. (U) 5. The following shall not be permitted. m n o P q Contractors' offices, shops and storage yards. Cottonseed oil milling. Other fabricated metal products manufacturing not otherwise listed in this chapter. Paint and varnish manufacturing. Storage yards. Abrasive, asbestos and miscellaneous non-metallic mineral products manufacturing. Blast furnaces, steel works and rolling and finishing ferrous metals. Fuel (gas or liquid) distribution storage. Cement (hydraulic) manufacturing. Chrome plating and anodizing. Coal and coke storage. Concrete, gypsum and plaster products manufacturing. Crematoriums. Grain mill products manufacturing. Iron and steel foundries. Leather tanning. Gas production plants, natural or manufactured gas oo-s2 2/os/oo ro U. V. W. X. storage and distribution points and other gas utilities. Nonferrous foundries and other primary metal industries. Paper, pulp and allied products manufacturing. Paper recycling by the chemical method. Primary smelting and refining of nonferrous metals. Rolling, drawing and extruding of nonferrous metals and alloys. Rubber and miscellaneous plastic products manufacturing. Secondary smelting and refining of nonferrous metals and alloys. Provided, however, that the recycling of any material permitted to be manufactured in the Heavy Industrial (I-3) District shall be permitted, excluding the recycling of motor vehicles or other machinery or parts thereof, washing machines, dryers and structural steel. (P) Any crushing, baling or shredding associated with a recycling process shall be conducted entirely within an enclosed structure. (P) Any recycling facility shall apply to the Virginia Department of Transportation to enroll in the "Adopt a Highway" program for the length of Old Stage Road from Route 10 to Osborne Road. If the application is approved, the recycling facility shall participate in the program for as long as the facility is located on the property. (?) o Development shall conform to the requirements of the Zoning Ordinance for I-3 Districts except as amended by this rezoning case. No Development Standards Waiver or Variance shall alter this condition. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren requested a five minute recess. Reconvening: 00SN0173 In Bermuda Magisterial District, LIBERTY PROPERTY DEVELOPMENT CORP. requested an amendment to Conditional Use Planned Development (Case 87S039) and amendment of zoning district map relative to uses permitted and other standards. 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 in a Residential (R-15) District on 8.7 acres fronting in two (2) places for approximately 430 feet on the north line of East Hundred Road, also fronting approximately 600 feet on the west line of Kingston Avenue and located in the northwest quadrant of the intersection of these roads. Tax ID 818-652-Part of 9615 (Sheet 27). Mr. Jacobson presented a summary of Case 00SN0173. He stated that the uses proposed for the subject property are the types oo-93 2/o9/oo of uses desired at the entrance to an employment center -- hotel, restaurant, offices and other life-like commercial uses. He further stated that the issue is 'existing residential development that encroaches on the property near the interchange. He stated that the County's Comprehensive Plan supports commercial uses on the property and also supports the protection of those existing residential areas. He further stated that the property was zoned in 1988 as part of the overall River's Bend mixed use development and that the zoning for the southern part of the property generally permits a wide variety of commercial uses. He stated that there are restrictions on the northern part of the property limiting it to office uses and some light commercial uses because of its proximity to the residential uses. He further stated that there are conditions placed on the northern portion of the property that addresses compatibility with adjacent residential uses including maximum building sizes; hours of operation restrictions; and architectural compatibility. He stated that a hotel may be permitted on the property by the Planning Commission subject to certain conditions, including a 100 foot buffer and a site design which protects the residential integrity of the adjacent residential neighborhood. He further stated that the proposed development is to construct a four story hotel generally located on the northern portion of the property as well as a one story building on the northeastern party of the property with a maximum 10,000 square feet building to include some retail uses, office uses or restaurant uses. He stated that an addendum to the proffered conditions allows for a berm to help provide the transition from the residential to the north to the retail and other uses to the south and a buffer with technical specifications. He stated that staff has recommended denial because the applicant's proposal to intensify the land uses permitted adjacent to the residential neighborhood does not, in staff's opinion, adequately protect the adjacent residential area; the applicant is proposing to remove current restrictions and hours of operation, architectural controls and the overall scale of the development and uses; transportation issues exist; and the proffered architectural compatibility is slightly short of the County's overall standards. He further stated that the Planning Commission recommended denial on a 1-0 vote with three abstentions and desired more time to work on the issues of access, buffer and architectural requirements. He stated that the applicant submitted an addendum amending proffers 19 and 20 specifying the height of the berm; limiting site grading within the buffer to 21 feet; and clarifying that the 100 foot buffer on the north would be measured from the existing right of way. He further stated that the Board would need to suspend its rules in order to allow for the additional proffered conditions. When asked, Mr. Jacobson stated that the addendum provides answers to some of the Planning Commission's questions, but fails to address the access and architectural comptability issues. Mr. John Cogbill, representing the applicant, stated that the applicant's desire is to help protect area residents from the commercial development that will ultimately occur on the subject property. He further stated that closest area resident to the property, Mrs. Hayden, is present at the meeting and supports the proposed development. He stated that the applicant has proffered to provide a buffer and a screen that is not required under the current zoning. He further stated that the hotel was permitted under the original zoning subject oo-9~ 2/o9/oo to certain restrictions; however, issues involving limitation on the size of the building, residential character and the hours of operation led to this zoning case. He stated that the 100 foot buffer and the berm which will be 13 feet above the existing grade of Bermuda Hundred Road have been proffered to provide additional screening for the commercial development that is not there under the existing zoning. He presented the Board members with a packet of information relative to the proposed commercial center and stated that the businesses located in the River's Bend Center support the proposed development. He stated that the developer desires to add a facility to River's Bend Center to make it a first class business park. He further stated that the developer has added certainty as to the uses for the proposed development; added a buffer and the ability to provide a cul-de-sac for Bermuda Hundred Road residents; added architectural control where none existed; and precluded commercial access on Bermuda Hundred Road. There was brief discussion relative to the possibility of access from the project to Bermuda Hundred Road. Mr. McHale stated that, if the proposed development is approved, access to Bermuda Hundred Road will be excluded without further action of the Board. Mr. Cogbill stated that the developer is attempting to bring the project within the restrictive covenants, the architectural guidelines and the control for maintenance and aesthetics that are a part of River's Bend. He further stated that the hotel is proposed to be located at the back of the property with a buffer to lower the grade of the building and reduce visibility from area residents. He stated that the applicant is preserving wooded areas and using them as buffers to provide a transition between incompatible land uses consistent with the Eastern Area Plan. He read several letters from area businesses indicating their support of the proposed hotel and conference center and stated that the proposed development represents an appropriate use for a first-class business park in the County. He stated that the proposed development will capture tax revenue and attract business and industry. He further stated that the proposed entrance does not meet the standard Virginia Department of Transportation and County criteria and noted that the entrances to the Arboretum, Southport and the Boulders also do not meet these criteria. He stated that the proffered condition is written to discourage commercial traffic from the intersection. He further stated that the proposed development is a quality project that is worthy of the River's Bend community and requested the Board's support of the development. Ms. Bonnie Clay, a resident of Bermuda Hundred Road, read two letters written by her husband, one addressed to the Richmond Times-Dispatch and one to Mrs. Humphrey, which expressed concerns relative to architectural design, inadequate infrastructure, transportation issues, increased traffic on Bermuda Hundred Road, inadequate buffering and proffers that allow for changes in types and hours of operation. She requested that the Board consider these concerns before making a decision. Mr. Williard Martin, a resident of Fulcher Lane, expressed concerns relative to increased traffic and the height of the proposed hotel being two stories above the berm. He stated that he appreciates tax revenue but feels the community will 00-95 2/09/00 suffer if the project is approved. Mr. Mark Jones, a resident of Random Road, stated that he represents the property owners on Random Road who wish to be protected. He expressed concerns relative to buffering of the western edge of the property and stated that the residents of Random Road do not feel the proposed development will be in the best interest of the area. He suggested that the hotel be placed on the front of property where it would be located more than 500 feet from residential property. Mr. Stuart Hogue, representing the Cameron Hills Community Association, expressed concerns relative to stormwater runoff, change in setback, and increased traffic. Mr. Berkley Matthews, President of the New Bermuda District Civic Association, stated that, since the zoning of River's Bend in 1988, there has been a continuous process to decrease restrictions for various reasons and the protection of area residents is now nonexistent or of very poor quality to the requirements of the original standards. He expressed concerns relative to decreased residential property values, noise, lighting problems, increased traffic and architectural standards. He requested that the Board deny the request and allow the transition area that the residents fought for in 1988 to remain. Mr. Cogbill expressed appreciation to Planning staff for their assistance with developing the proffered conditions. He stated that the proposed project will provide double the water retention that would otherwise be required under the County ordinances. He further stated that traffic from the proposed development has been proffered away from Bermuda Hundred Road and that better buffers have been provided than what is required by ordinance. He stated that he received a 50 percent profit from the sale of his home following the development of Moorefield Park and that he feels the proposed development would not decrease property values. He requested the Board's approval of the request. There being no one else to speak to the Case, the public hearing was closed. Mr. McHale stated that he feels Mr. Cunningham's concerns that were expressed at the Planning Commission have been essentially resolved. He further stated that approval of the case as proffered would preclude traffic from Old Bermuda Hundred Road and allow for the opportunity of a cul-de-sac at Kingston Avenue. He stated that he feels it was an oversight of a previous Board to permit a hotel and restrict its size and hours of operation. He further stated that the stormwater drainage concerns have been addressed and that the details relative to the placement of the bUffer and berm will be decided by the Planning Commission. He stated that he feels the applicant has addressed many of the concerns raised by the neighbors including architectural designs similar to the River's Bend Industrial Park. Mr. McHale then made a motion for the Board to approve Case 00SN0173 subject to one condition and acceptance of the proffered conditions. Mr. Warren seconded the motion. He referenced similar developments in the County and stated that property values have not decreased in the area of these developments. He stated 00-9 2/09/00 that he feels the investments. Board should be supportive of good There was brief discussion relative to the necessity to suspend the rules to allow for acceptance of the amended proffered conditions. On motion of Mr. McHale, seconded by Mr. Barber, the Board suspended its rules to allow for acceptance of the amended proffered conditions. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber stated that he feels when zoning is passed, a contract has been made between the County and the property owner and that the Board often has to accept contracts entered into by previous Boards of Supervisors. He expressed concerns relative to the packet regarding the commercial center provided by Mr. Cogbill not having been prepared for the Planning Commission. He stated that it is the Board's practice to defer to the supervisor from whose district the case is in and that, even though he is not comfortable with it, he will support Mr. McHale's motion. Mr. Miller stated that he, too, is uncomfortable with the case, but that he also generally defers to the supervisor in whose district the case lies. He further stated that, even though he would feel more comfortable if there were more time to take another look at the case, he will reluctantly support Mr. McHale's motion. Mrs. Humphrey expressed concerns relative to not enough time being spent on this case by the Planning Commission. She stated that she will support the motion, but that she would expect Mr. Cogbill, in good faith, to continue negotiations with residents as the site plan continues and address such concerns as the lack of a buffer on the west side expressed by Mr. Jones. Mr. Warren called for a vote on the previous motion of Mr. McHale, seconded by Mr. Warren, for the Board to approve Case 00SN0173 subject to the following condition: With respect to the northern portion of Tract g in Land Bay Five, lying generally adjacent to Bermuda Hundred Road, amend condition 18 in case 87S039 to read: 18. No buildings, structures or premises shall be used, arranged, or designed to be used except for one or more of the following uses: Offices: business, governmental, medical, or professional. 2. Libraries. 3. Brokerages. 4. Churches and/or Sunday Schools. 5. Convalescent homes, nursing homes, rest homes. 6. Day care centers (child or adult). 00-97 2/09/00 7. Group care facilities. 8. Museums. Propagation and cultivation of crops, flowers, trees, and shrubs which are not offered for sale. 10. Public and private forests, wildlife preserves and conservation areas. 11. Travel agencies to include travel arranging and transportation ticket services. 12. Utility uses located underground when such uses are located in easements, or in public roads rights of way. 13. Medical clinics provided that neither the business nor the building is designed to accommodate ambulance traffic. 14. Optometrist sales and service provided that the sales and servicing of eyewear is done by an optometrist as an accessory use in conjunction with a medical practice; and not more than fifteen (15) percent of the gross floor area is devoted to such sales and services. 15. Pharmacies provided that the use is located in a building containing other medical services; and does not have a separate entrance to the outside. 16. Temporary construction trailers/buildings provided that the temporary structure is devoted exclusively to construction activities on the premises; and is removed upon completion or abandonment of construction activities. 17. Veterinary offices provided that no boarding is permitted; no outside runs are permitted; and no overnight care is permitted. 18. Public and private utility uses, so long as they require a structure, to include all water and waste water pumping stations; electric, gas, communications, and natural gas, liquified petroleum gas (LPG) and petroleum products transmissions facilities; in addition, natural gas, liquified petroleum gas, and petroleum products transmission facilities above or below ground, provided that all such uses which are visible from adjacent residential or office zoned properties or properties currently zoned Agricultural (A) and shown on the General Plan as residential or office uses are enclosed within a structure having a style and character compatible with surrounding residential or office structures or are completely screened from view from such adjacent properties. The following required conditions shall be met and shall be in addition to other conditions outlined in the Textual Statement and conditions herein: oo- 8 2/o9/oo No goods shall be produced for retail sale on the premises· No outdoor storage shall be permitted on the Property, provided, however, continuous outdoor display shall be permitted as regulated in the C-3 zoning district, and accessory uses such as a swimming pool, pool equipment sheds, newspaper boxes, valet parking stands, benches or other pedestrian amenities, outdoor plazas or seating areas (including those for restaurants) shall not be considered outdoor storage. Ail other uses shall be conducted entirely within an enclosed building. Loading docks and drive-in loading doors shall be prohibited. (P) And, further, the Board accepted the following proffered conditions: There shall be no direct vehicular access from the Property to Bermuda Hundred Road. (T) o Ail parking lot lighting north of the access road, generally in the area noted on Exhibit A as a hotel, restaurant and shops, but not to include the area noted as retail/c-store and retail/bank, shall be a maximum of 14 feet in height as measured from the top of the curb. (P) Any hotel window that faces Bermuda Hundred Road shall be made of a translucent material, which allows light penetration but restricts clear visibility out of the hotel. (P) The ultimate design of the development on the Property shall generally conform to the conceptual plan attached hereto as Exhibit A. The location of driveways, parking areas, roads and buildings need not be exactly as shown on Exhibit A; however, the concepts of the plan shall be generally adhered to, particularly in the northern portion of the Property. A hotel, a maximum of four (4) stories in height, shall be located in the northwest quadrant of the Property. Any freestanding restaurant shall be located in the area generally to the east, south, or southeast, of the proposed hotel. Any freestanding restaurant to the southeast of the hotel shall be associated with the hotel by means of pedestrian access, shared parking, or other means as determined by the Planning Department. In addition, the retail uses in the northeast portion of the Property shall be limited to those uses specified in Condition 18. Finally, the concepts of Exhibit A shall be generally adhered to with respect to the relationship of buildings, one to the other, and to adjacent properties and public rights-of- way. (P) [Note: Exhibit A - Plan titled "General Plan, Amerisuites Hotel at River's Bend Center, Bermuda District" prepared by Walter M. Altman, PE, CLASS, dated December 10, 1999, last revised January 18, 2000.] (STAFF NOTE: The Plan has not been reviewed through the zoning process in detail with respect to Ordinance requirement and therefore, modification may be necessary to comply with these oo-99 2/o9/oo requirements; however, this proffer must also be complied with. To date, it appears that at a minimum the plan must be revised to reflect required setbacks from public rights of way.) No use located in the northeast portion of the Property noted on Exhibit A as "shops at River's Bend" shall be opened to the public between 12 midnight and 6 a.m. o The buildings located on the Property shall be compatible in architectural style, colors and materials to the designs shown on Exhibit Bi and B2, except that the hotel roof shall be flat with a false parapet and gable features as shown on Exhibit C. The exact treatment shall be approved by the Planning Commission at the time of site plan review. The materials for the buildings located on Property shall include brick, split face block, synthetic stucco, siding, or stone. Further, any building(s) located in the northeast portion of the Property noted on Exhibit A as "shops at River's Bend" shall be limited to one story in height, a maximum of 10,000 square feet of enclosed space (not including covered walkways or canopy areas), and the roof line of such building(s) shall not have the appearance of a flat roof. (P) Amend condition 18.A. parts 19 and 20 to read: (STAFF NOTE: This amends Condition 18.A. parts 19 and 20 of Case 87S039 for the request property only) 19. Hotel, not to exceed a maximum height of four (4) stories, provided a 100' buffer (as measured from the edge of right-of-way existing at the time of approval of this case) is maintained along the northern boundary of the tract, for as long as the adjacent lots remain in residential use. Such buffer may contain areas necessary for right-of-way and for grading necessary to depress the parking lots and/or the buildings along the rear of the Property and as generally shown on Exhibit A. The buffer shall consist of the existing mature trees, except where necessary to achieve the grading. Such grading (from the project site) shall not extend more than 21' into the buffer, as measured from the southern edge of the 100' buffer. Such buffer shall comply to Section 19-520 (a), and 19-521 (b), (e), (f), and (h) (except as provided herein) of the Zoning Ordinance and shall be planted at two and a half times the density of perimeter landscaping C with the provision that the berm shall be a minimum of 13' high and provided where existing mature trees do not exist (see Exhibit A). The height of the berm shall be measured from the center line elevation of Bermuda Hundred Road. Such measurement shall be continuous along the property line with Bermuda Hundred Road except where the berm begins and ends to allow tapering of the berm. The berm shall be designed so that the existing mature trees are protected except that, at the time of site plan approval, the Planning Commission may allow the removal of some existing mature trees in the buffer in order to accommodate the taper of the berm. 20. Uses permitted in Condition 20 of case 87S039 provided a 100' buffer (as measured from the edge of right-of-way existing at the time of approval of this case) is maintained along the northern boundary of the tract, for as long as the adjacent lots remain in residential use, except that hospitals, rest, nursing and convalescent 00-100 2/09/00 homes, fast food restaurants, gasoline sales, automobile self-service stations, [rozen food locker and sales, funeral homes or mortuaries, greenhouses and nurseries, and occult sciences shall not be permitted. Such buffer may contain areas necessary for right-of-way and for grading necessary to depress the parking lots and/or the buildings along the rear of the Property and as generally shown on Exhibit A. The buffer shall consist of the existing mature trees, except where necessary to achieve the grading. Such grading (from the project site) shall not extend more than 21' into the buffer, as measured from the southern edge of the 100' buffer. Such buffer shall comply to Section 19-520 (a), and 19-521 (b), (e), (f), and (h) (except as provided herein) of the Zoning Ordinance and shall be planted at two and a half times the density of perimeter landscaping C with the provision that the berm shall be a minimum of 13' high and provided where existing mature trees do not exist (see Exhibit A). The height of the berm shall be measured from the center line elevation of Bermuda Hundred Road. Such measurement shall be continuous along the property line with Bermuda Hundred Road except where the berm begins and ends to allow tapering of the berm. The berm shall be designed so that the existing mature trees are protected except that, at the time of site plan approval, the Planning Commission may allow the removal of some existing mature trees in the buffer in order to accommodate the taper of the berm. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board suspended its rules to consider an item after 11:00 p.m. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0155 In Midlothian Magisterial District, RIVERSIDE SCHOOL requested Conditional Use Planned Development and amendment of zoning district map to allow exceptions to bulk requirements and to increase enrollment for an existing private school use. 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. This request lies in a Residential (R-15) District on 1.0 acre and is known as 2110 McRae Road. Tax ID 755-716-4249 (Sheet 3). Mr. Jacobson presented a summary of Case 00SN0155 and stated that the Planning Commission and staff recommend approval of the request to reduce the setback exception. He further stated that staff recommends denial of the request for increased enrollment and reduction in the number of required parking spaces due to area parking problems and that the Planning Commission recommends approval, noting that the area parking problem was not caused by the applicant. Mr. Barber stated that there was no opposition to the request at the Planning Commission meeting and that the case would have been on the consent agenda if there had not been a technical issue relative to parking spaces. oo- o 2/o9/oo Mr. Robert Anderson, representing the applicant, stated that the neighborhood is in support of the request. He requested that the Board approve the Planning Commission's recommendation. There was no opposition present. After brief discussion, on motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved Case 00SN0155, as recommended by the Planning Commission, subject to the following conditions: Except as stated herein, any new development or redevelopment shall conform to the development standards of the Zoning Ordinance for Corporate Office (0-2) Districts in Emerging Growth Areas. (P) With the approval of this request a three (3) space exception to the required number of parking spaces shall be granted. (P) The Textual Statement, together with its exhibits, last revised 11 October 1999, shall be considered the overall master plan for the Development, except as modified by the conditions. (P) (NOTE: The requirements of the underlying Residential (R-15) zoning classification, where these requirements exceed the requirements of the Zoning Ordinance for 0-2 Districts in Emerging Growth Areas, remain applicable for any additional private school development on the subject property.) And, further, the Board did not accept Proffered Condition 1 and accepted the following proffered conditions 2 through 9: 2. Enrollment shall not exceed a total of sixty (60) students. (P) The design of the proposed structure, its roof lines, and its colors shall be generally compatible with the architectural character of the existing buildings. (P) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. (EE) o Existing vegetation along the northern property line shall be retained as a buffer. If replacement is necessary, this buffer shall be landscaped with evergreens to screen this use from adjacent property to the north. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) o Existing ornamental trees and shrubs between the parking area and McRae Road shall be retained. If replacement is necessary, this area shall be replanted in a manner consistent with the existing landscaping. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) o One (1) sign, not to exceed two (2) square feet in area and height of five (5) feet, shall be permitted identifying this use. This sign shall not be lighted. (P) oo-zo2 2/09/00 This use shall not be open to the public from 5:00 p.m. to 7:00 a.m. Monday through Saturday. There shall be no Sunday operation. (P) The unenforceability, illegality, 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. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. McHale requested that staff pursue restriction of through truck traffic on Old Bermuda Hundred Road. 18. ADJOURNMENT On motion of Mr. Warren, seconded by Mr. Barber, the Board adjourned at 11:30 p.m. until February 23, 2000 at 3:30 p.m. Ayes: Warren, Humphrey, Barber, McHale, and Miller. Nays: None. L~r~e B. Ramsey J County Administrat~Sr Chairman oo-zo3 2/o9/oo