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08-23-2000 MinutesBOARD OF SUPERVISORS MINUTES August 23, 2000 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Kelly E. Miller Mr. Lane B. Ramsey County Administrator Staff in Attendance: Mr. George Braunstein, Dir., Community Services Board Mr. N. E. Carmichael, Commissioner of Revenue Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Dr Billy K. Cannaday, Jr. Supt., School Board Ms Rebecca Dickson, Dir., Budget and Management Mr William D. Dupler, Building Official Ms Lisa Elko, Clerk Ms Suzanne Fleming, Chief of Social Work Mr Michael Golden, Dir., Parks and Recreation Mr Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. H. Edward James, Dir., Purchasing Mr Donald Kappel, Dir., Public Affairs Ms Mary Lou Lyle, Dir., Accounting Mr Paul Mauger, Deputy Fire Chief Lt Col. Dennis McDonald, Deputy Chief of Police Mr R. John McCracken, Dir., Transportation Mr Steven L. Micas, County Attorney Dr William Nelson, Dir., Health Mr Richard A. Nunnally, Extension Agent Mr Glen Peterson, Dir., Community Diversion incentive Program Mr. Francis Pitaro, Dir., General Services 8/23/00 00-565 Mr. Douglas Pritchard, Env. Engineering Supervisor 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 Dr. Robert Wagenknecht, Dir., Libraries Mr. Scott Zaremba, Asst. Dir., Human Resource Management Mr. Warren called the adjourned meeting to order at 2:00 p.m. The Board members left for a tour by van of the Jefferson Davis Corridor. Mr. Jacobson provided information during the tour relative to the revitalization effort on the northern Jefferson Davis Corridor. A brief presentation was provided at the Bensley Community Center by the Jefferson Davis Association relative to their community's strategic plan and refreshments were provided. It was generally agreed that the Board return to the Administratien Building for the regularly scheduled meeting. Reconvening: Mr. Warren called the regularly scheduled meeting to order at 4:06 p.m. 1. APPROVAL OF MINUTES FOR JULY 26, 2000 On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board approved the minutes of July 26, 2000, as submitted. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. COUNTY ADMINISTRATOR'S COMMENTS Mr. Nunnally introduced Ms. Suzan Craik, Extension Agent, and stated that she was one of only two agents in the State to receive the Distinguished Service Award by the National Association of County Agricultural Agents, and the first female in the State to receive the award. He congratulated Ms. Craik and commended her on her outstanding performance. Mr. Warren congratulated Ms. Craik for her significant accomplishment. Mr. Ramsey stated that the Accounting Department recently received the Government Finance Officers' Association 8/23/00 00-566 (GFOA) Certificate of Achievement for Excellence in Financial Reporting for the County's 1999 annual financial report. He further stated that the Accounting staff has received this award for the nineteenth consecutive year and that the distinction is one of the key components to the County receiving its AAA bond rating. He stated that the GFOA also recognizes individuals who were instrumental in the County's receipt of the award. He then presented the award, accompanied by Mr. Warren, to Ms. Lyle and framed certificates to Ms. Donna Arrington, Ms. Debbie Cosgrove, Mr. Jeff Franklin, Ms. Carol Kelley, Ms. Rose Usher and Ms. Nora Wooten, and expressed appreciation for their efforts which led to the receipt of this award. (It is noted that Ms. Frances Reese, Ms. Malinda Bowers and Ms. Dawana Lowry will receive a certificate but were unable to attend the meeting.) Mr. Ramsey commended the Accounting staff for their excellence in financial reporting. He further commended Ms. Lyle for the high standard she sets for the department. Mr. Warren congratulated Ms. Lyle and staff for their accomplishments. Ms. Lyle expressed appreciation to the Board and County Administration for their support. 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board replaced Item 8.B., Streetlight Installation Approvals; replaced Item 8.C.18.c., Transfer of District Improvement Funds from the Matoaca District Improvement Fund to Parks and Recreation to Purchase a Football Practice Sled; added Item 8.C.18.d., Transfer of District Improvement Funds from the Matoaca District Improvement Fund to the School Board to Purchase Football Equipment, Field Hockey Uniforms and Flag Poles for Manchester High School; added Item 8.C.19., Cancellation of Public Hearing to Consider the Leasing of County Property at Harrowgate Park; replaced Item 16.B., Public Hearing to Consider an Ordinance to Establish the Great Branch Sewer Assessment Districts A and B; and adopted the Agenda, as amended. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING DETECTIVE DUNCAN S. BEASLEY, POLICE DEPARTMENT, UPON HIS RETIREMENT Lieutenant Colonel Dennis McDonald introduced Mr. Beasley who was present to receive the resolution. On motion of the Board, Ehe following resolution was adopted: Duncan 8/23/00 00-567 WHEREAS, Detective Duncan S. Beasley will retire from the Chesterfield County Police Department on September 1, 2000 after providing 29 years of quality service to the citizens of Chesterfield County; and WHEREAS, Detective Beasley has faithfully served the County in the capacity of Dispatcher, Police Officer, Investigator, and Detective; and WHEREAS, Detective Beasley was one of the founders and past president of the Central Virginia Fire and Arson Association which provides mutual[ aid in fire investigations between Richmond, Henrico, Colonial Heights, and the Virginia State Police; and WHEREAS, Detective Beasley achieved his classification as a Certified Class II Fire Investigator and was certified with the U.S. Department of Treasury as an Explosives Investigator/Technician; and WHEREAS, Detective Beasley served as an instructor for the Virginia Department of Fire Services Programs and has served as a certified instructor with the Department of Criminal Justice Services from 1976 to the present in areas of fire, explosives, and defensive tactics; and WHEREAS, Detective Beasley is a current member, and past vice-president and secretary, of the Virginia Chapter of the International Association of Bomb Technicians and Investigators; and WHEREAS, Detective Beasley is a certified "blaster" with the Virginia Department of Mines and is certified with the Environmental Protection Agency as an Environmental Protection Investigator; and WHEREAS, Detective Beasley was one of few non-military personnel in Virginia chosen to attend the Defensive Explosive Ordinance Disposal School sponsored by the United Kingdom of Great Britain and Northern Ireland; and WHEREAS, Detective Beasley specialized in arson, explosives, and environmental crime investigations, and citizens of Chesterfield County have greatly benefitted from the increased proficiency that these specialties afforded him; and WHEREAS, many of the certifications attained by Detective Beasley as well as the organizations he was a part of were accomplished on his own time and at his own expense; and WHEREAS, Detective Beasley has provided the Police Department with many years of loyal and dedicated service, and Chesterfield County and the Board of Supervisors will miss his diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Detective Duncan S. Beasley, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. 00-568 8/23/oo AND, BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Detective Beasley 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. Warren presented the executed resolution to Detective Beasley, accompanied his wife and Lieutenant Colonel McDonald, expressed appreciation for his dedicated service to the County and congratulated him upon his retirement. Mr. Ramsey presented Detective Beasley with a Jefferson cup and expressed appreciation for his contributions to the Police Department and the County. A standing ovation followed. 5,B. RECOGNITION OF 2000 NACo ACHIEVEMENT AND NACIO AWARD WINNERS Ms. Cole stated that this year Chesterfield County is the recipient of thirteen Achievement Awards from the National Association of Counties (NACo). She further stated that, for the fourth consecutive year, Chesterfield received the most achievement awards of any locality in the State and also noted that the County ranked sixth in the nation for the number of NACo Achievement Awards received. Mr. Warren, accompanied by Mr. Ramsey, recognized the following recipients and presented them with the 2000 NACo Achievement Awards: Department Project Community Development > 250th Anniversary Celebration County Administration Partners in Quality Youth Development: Today's Youth - Tomorrow's Leaders Extension Services > Grass Roots Lawn Care Program > Quality Child Care Fire Department > Safe Place > Desktop Publishing of "Let's Learn Fire and Life Safety" Manual > Advanced Life Support Continuing Education Improvements Human Resource Management > Leadership Profile Questionnaire > Training and Development Self-Directed Work Team Libraries > Youth Reading Corner at Red Cross National Convention Public Affairs HEAT Video Social Services Partnership for Shared Adoptions 8/23/00 00-569 Ms. Cole stated that in addition to receiving thirteen Achievement Awards, the County's Public Affairs Department received eleven awards from the National Association of County Information Officers (NACIO) f including Best in Class in Internal Publications for the employee newsletter (County Comments) for the fourth consecutive year. She congratulated Ms. Marcella Williamson, Assistant Director of Public Affairs, for this achievement and recognized the Public Affairs staff for receiving the following awards: Public Affairs (NACIO Awards) > Best in Class in Internal Publications for County Comments > Superior in Special Projects for 250th Anniversary Celebration Communication Plan > Excellence in Writing for Experience History in a New Way with Environment Friendly Plan > Excellence in Writing for Chesterfield County Prepares for Smooth Passage to 2000 > Excellence in Writing for HEAT - Help Eliminate Auto Theft > Meritorious in Photography for Celebrating 250 Years of Excellence > Meritorious in Graphic Design for Chesterfield County Visitors Brochure > Meritorious in Graphic Design for Henricus/Dutch Gap Brochure > Meritorious in Graphic Design for Travel Guide Color Ad > Meritorious in Writing for Business Thriving in Walthall Area > Meritorious in External Publications for Chesterfield Choice Mr. Warren and Mr. Ramsey congratulated and commended each department on their recognitions. Mr. Ramsey stated that all of the programs and projects that received awards were developed for service to the County rather than for recognition. He further stated that NACo's award program is designed to develop an inventory of innovative ideas that can be shared throughout the nation. He stated that he is very proud of the accomplishments of Chesterfield County staff. Mr. Warren stated that he often receives positive feedback relative to innovative programs in the County. He further stated that the Board is very proud of County staff and will continue to support them as they develop new programs. Mrs. Humphrey requested that Mr. Kappel display the award winning collection of photographs from the 250th Anniversary in the Administration Building, as well as other literature/ publications that received awards. Mr. Miller excused himself from the meeting. 00-570 8/23/00 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8 NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to nominate/appoint/reappoint members to serve on the Greater Richmond Transit Company Board of Directors, Youth Services Citizen Board and the Appomattox Basin Development Corporation. Ayes: Warren, Humphrey, Barber and McHale. Nays: None. Absent: Miller. 8,A.1, THE GREATER RICHMOND TRANSIT COMPANY BOARD OF DIRECTORS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board nominated/reappointed Mr. David W. Mathews, Mr. Daniel K. Smith and Mr. S. Joseph Ward, representing the County at-large, to serve on the Greater Richmond Transit Company (GRTC) Board of Directors, whose terms are effective October 18, 2000 and expire October 17, 2001. And, further, the Board authorized the County Administrator, or his designee, to appear at the October 18, 2000 GRTC annual meeting to vote, on behalf of the County, for the GRTC Directors appointed by the Board and by the Richmond City Council. Ayes: Warren, Humphrey, Barber and McHale. Nays: None. Absent: Miller. Mr. Miller returned to the meeting. 8.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board nominated/appointed Ms. Courtney J. Ward, representing the Dale District, to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2000 and expire June 30, 2001. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board nominated/appointed Ms. Jodi Bowman, representing the Clover Hill District, to serve on the Youth Services Citizen Board, whose term is effective July 1, 2000 and expires June 30, 2001. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8/23/00 00-571 8.A.3. APPOMATTOX BASIN DEVELOPMENT CORPORATIOM On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board nominated/reappointed Mr. Gary Thomson, Mr. Jim Daniels and Mr. J. L. McHale, III to serve on the Appomattox Basin Industrial Development Corporation (ABIDCO), whose terms are effective October 1, 2000 and expire September 30, 2001. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.B. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board approved the following streetlight installation cost approval: Dale District * Antas Lane, vicinity of 5604 Cost to install streetlight: $1,258.80 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved the following streetlight installation cost approval: Matoaca District * Rollingway Road and Tamworth Road Additional cost to install streetlight: $60.00 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8. C. CONSENT ITEMS 8.C.1. ADOPTION OF A RESOLUTION RECOGNIZING MR. J. EDWARD ALLEN, PARKS AND RECREATION DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Mr. J. Edward Allen retired on July 7, 2000, after providing over 26 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Allen began his service in 1973, with the County Airport and served well there until 1991, when he transferred to the Parks and Recreation Department as a Principal Maintenance Worker; and WHEREAS, Mr. Allen provided care of the grounds and recreational facilities at Huguenot Park, Robious Athletic Complex, Monacan High School, Greenfield Elementary School and numerous other parks and recreation sites; and WHEREAS, Mr. Allen has always been a conscientious and dependable worker for Chesterfield County, noted for his attention to detail and the neatness of his work, as well as 8/23/00 00-572 his personal and professional appearance; and WHEREAS, Mr. Allen always excelled in the care of his assigned County vehicle and the care of all equipment that he operated; and WHEREAS, Mr. Allen always had a smile and a cheerful word, in spite of recurring health problems; and WHEREAS, Mr. Allen will be greatly missed by his co- workers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. J. Edward Allen 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.C.2. STREET NAME CF-ANGUS 8,C.2.a, RENAMING A PORTION OF HAPPY HILL ROAD TO OLD HAPPY HILL ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the renaming of a portion of Happy Hill Road to Old Happy Hill Road. (It is noted a copy of the Parcel Map is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.2.b, RENAMING SPELMAN ROAD TO ASIA WAY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the renaming of Spelman Road to Asia Way. (It is noted a copy of the Parcel Map is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 .C.3. APPROVAL TO AMEND THE COUNTY'S RISK MANAGEMENT PLAN TO AFFORD COVERAGE TO AUXILIARY POLICE OFFICERS AND TO CLARIFY COVERAGE FOR ACCIDENTS CAUSED BY UNINSURED MOTORISTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board amended the County's Risk Hanagement Plan confirming that auxiliary police efficers are afforded ceverage under the Plan and clarifying that coverage for accidents caused by uninsured motorists is in the minimum amount previded by law. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8/23/00 00-573 $ .C.4. APPROVAL OF AN AWARD RECEIVED FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR A THREE YEAR FEDERAL UNIVERSAL HIRING GRANT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Police Department to accept a federal grant award in the amount of $450,000 from the United States Department of Justice, Community Oriented Policing Services; appropriated $450,000 in Federal Universal Hiring Grant funds; transferred $24,700 for the required local match; and authorized six new police officer positions. (It is noted funding of the local match for FY2001 will come from surplus in budgeted debt service expenditures. It is further noted a source of funds for the local match and related operating costs will be addressed during the budget process for both FY2002 and FY2003.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.5. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO ENTER INTO A REVISED MUTUAL AID AGREEMENT FOR EMERGENCY SERVICES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to enter into a revised mutual aid agreement for emergency services which will add Charles City County to localities served by the existing mutual aid agreement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.6. INITIATION OF AN APPLICATION FOR REZONING WITH A CONDITIONAL USE AND CONDITIONAL PLANNED DEVELOPMENT TO PERMIT USE AND BULK EXCEPTIONS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board initiated an application for rezoning from Residential (R-7) to Agricultural (A) with Conditional Use Planned Development of approximately 3.664 acres to include an adjacent parcel to the north of approximately 1.446 acres zoned Agricultural (A) to permit use and bulk exceptions on property located at 11814 Chester Road and 11736 Chester Road (Tax ID 789-656-7307 and Tax ID 789-656-5544). And, further, the Board appointed Mr. George Braunstein, Executive Director of the Chesterfield Community Services Board, as agent to represent the Board of Supervisors in the application process. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.7. APPROVAL OF FY2001 CHESTERFIELD COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the FY01 Performance Contract between the Chesterfield Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. Ayes: Warren, Humphrey, Barber, McHale and Miller. 00-574 8/23/00 Nays: None. 8.C.8. STATE ROAD ACCEPTANCE 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 Vircinia, 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 ChanRe to the Secondary System of State HiRhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Woodland Pond, Section 11 · Laurel Cove Court, State Route Number: 4439 From: Laurel Cove Ln., (Rt. 4438) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 10/22/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 44, with a width of 50 ft. · Laurel Cove Lane, State Route Number: 4438 From: Laurel Cove Ct., (Rt. 4439) To: Cul-de-sac, a distance of: 0.13 miles. Right-of-way record was filed on 10/22/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 44, with a width of 50 ft. · Laurel Cove Lane, State Route Number: 4438 From: Woodland Pond Py., (Rt. 3670) To: Laurel Cove Ct., (Rt. 439), a distance of: 0.11 miles. Right-of-way record was filed on 10/22/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 44, with a width of 50 ft. · From: To: Shorecrest Lane, State Route Number: 4437 Woodland Pond Py., (Rt. 3670) Cul-de-sac, a distance of: 0.22 miles. 8/23/00 00-575 Right-of-way record was filed on 10/22/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 44, with a width of 50 ft. · Woodland Pond Parkway, State Route Number: 3670 From: Shorecrest Ln., (Rt. 4437) To: Laurel Cove Ln., (Rt. 4438), a distance of: 0.11 miles. Right-of-way record was filed on 10/22/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 44, with a width of 70 Ft. · Woodland Pond Parkway, State Route Number: 3670 From: Existing Woodland Pond Py., (Rt. 3670) at Avocet Dr., (Rt. 3688) To: Shorecrest Ln., (Rt. 4437), a distance of: 0.08 miles. Right-of-way record was filed on 10/22/1998 with the Office Of Clerk To Circuit Court in Pb. 101; Pg. 44, with a width of 70 Ft. And, further, 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 the Secondary System of State Highways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Woodland Pond Parkway - Nash Road Connection · Woodland Pond Parkway, State Route Number: 3670 From: Existing Woodland Pond Py., (Rt. 3670) To: Nash Rd., (Rt. 656), a distance of: 0.25 miles. Right-of-way record was filed on 8/10/1999 with the Office Of Clerk To Circuit Court in Db. 3644; Pg. 102, with a width of 70 Ft. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-576 8/23/00 ~j 8.C.9. REQUEST FOR PERMISSION FROM LONNIE WADE MCCOY FOR AN EXISTING ASPHALT DRIVEWAY, BRICK COLUMNS, STORAGE SHED AND FENCE TO ENCROACH WITHIN A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS KEY AVENUE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Lonnie Wade McCoy for an existing asphalt driveway, brick columns, storage shed and fence to encroach within a fifty foot unimproved right of way known as Key Avenue, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.10. DESIGNATION OF RIGHT OF WAY AND ACCESS EASEMENT AT THE NEW LAPRADE LIBRARY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board designated right of way and an access easement at the new LaPrade Library and authorized the County Administrator to execute the necessary Declarations. (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.C.11. APPROVAL OF CHANGE ORDER WITH MOTOROLA, INCORPORATED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a change order to the contract with Motorola, Incorporated for a decrease in the amount of $70,655.40. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None.~ 8 .C.12. APPROPRIATION OF FUNDS AND CASH PROFFERS FOR A DEPARTMENT OF CONSERVATION AND RECREATION GRANT FOR IMPROVEMENTS TO THE DUTCH GAP CONSERVATION AREA On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the acceptance of a Department of Conservation and Recreation Grant in the amount of $30,000 for improvements to the Dutch Gap Conservation Area; appropriated $30,000 in grant funds; and appropriated $25,000 in park cash proffers for the required local match. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.13. ACCEPTANCE OF A PARCEL OF LAND FROM FReD J. BERNHARDT, JR. AND LEE P. MARTIN, JR., TRUSTEES OF THE LIND LAWRENCE FOUNDATION AND APPROPRIATION OF CASH PROFFERS FOR THE CONTINUATION OF THE LINEAR PARKALONG FALLING CREEK On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 43.7 8/23/00 00-577 acres, more or less, from Fred J. Bernhardt, Jr. and Lee P. Martin, Jr., Trustees of the Lind Lawrence Foundation; authorized the County Administrator to execute the deed subject to acceptable title and environmental reports; and appropriated $10,000 in cash proffer funds to cover acquisition costs. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.1. ACCEPTANCE OF PARCELS OF LAND 8.C.l.a. ALONG THE WEST LINE OF JEFFERSON DAVIS HIGHWAY FROM CMH HOMES, INCORPORATED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.174 acres from CMH Homes, Incorporated, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of 'the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.14.b. ALONG THE SOUTH LINE OF EAST HUNDRED ROAD FROM CHESTERFIELD GARDENS, L.L.C. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of two parcels of land containing a total of 0.49 acres from Chesterfield Gardens, L.L.C. and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.l.c. ALONG THE EAST LINE OF IRONBRIDGE ROAD AND THE WEST LINE OF COGBILL ROAD FROM WAWA, INCORPORATED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of two parcels of land containing 0.049 acres along the east right of way line of Ironbridge Road (State Route 10) and a parcel of land containing 0.045 acres along the west right of way line of Cogbill Road from Wawa, Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.l.d. ALONG EAST HUNDRED ROAD.FROM ROUTE 10 LAATD COMPAN-Y, L.L,C. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.0694 acres along the north r~ght of way line of East Hundred Road 00-578 8/23/00 (State Route 10) from Route 10 Land Company, L.L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.l.e. ALONG BERMUDA HUNDRED ROAD AND EAST HUNDRED ROAD FROM LIBERTY PROPERTY DEVELOPMENT CORPORATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of parcels of land containing a total of 0.5155 acres along the south right of way line of Bermuda Hundred Road (State Route 697) and the north right of way line of East Hundred Road (State Route 10) from Liberty Property Development Corporation and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.15. APPROVAL OF LEASE OF PROPERTIES 8.C.15.a. FOR COMMUNITY CORRECTIONS SERVICES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a lease with Krause Road Properties, L.L.C. for 2,963 square feet of office space at 10111 Krause Road for Community Corrections Services and authorized the County Administrator to execute the lease agreement, subject to approval by the County Attorney. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.15.b. FOR THE DEPARTMENT OF SOCIAL SERVICES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a lease with Court Square, Incorporated, a Virginia corporation, for 3,304 square feet of office space at 9854 Lori Road for the Department of Social Services and authorized the County Administrator to execute the lease agreement, subject to approval by the County Attorney. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.16. REQUEST TO QUITCLAIM A SIXTEEN FOOT SEWER EASF/~R. NT AND A VARIABLE WIDTH WATER EASEMENT ACROSS THE PROPERTY OF WATERMILL PROPERTIES, L.L.C. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen foot sewer easement and a variable width water easement across the property of Watermill Properties, L.L.C. (It is 8/23/00 00-579 noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.17. CONVEYANCE OF EASEMENTS 8.C.17.a. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND CABLE TO PROVIDE POWER FOR THE NEW POLICE AND FIRE TRAINING FACILITY ON ALLIED ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground cable to provide power for the new Police and Fire Training Facility located on Allied Road. (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.C.17.b. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND CABLE TO PROVIDE POWER FOR THE NEW CHESTER LIBRARY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground cable to provide power for the new Chester Library located on Centre Street. (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.C.17.c. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF UNDERGROUND CABLE TO PROVIDE POWER FOR THE NEW RICHMOND FIRST TEE CLUBHOUSE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground cable to provide power for the new Richmond First Tee Clubhouse located on Whitepine Road. (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. 00-580 8/23/00 8.C.18. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.18.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE POLICE AND PARKS AND RECREATION DEPARTMENTS TO PAY A PORTION OF THE COSTS FOR THE VILLAGE OF MIDLOTHIAN DAY FESTIVAL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $1,960 from the Midlothian District Improvement Fund to the Police and Parks and Recreation Departments ($250 to the Police Department and $1,710 to the Parks and Recreation Department) to rent space and equipment and provide services for the Village of Midlothian Day Festival. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.18.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR INSTALLATION OF LANDSCAPING IN THE RIGHT OF WAY OF HIDDEN VALLEY AND SOUTH CHESTER ROADS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $3,000 from the Bermuda District Improvement Fund to the Parks and Recreation Department to install landscaping in the right-of-way of Hidden Valley and South Chester Roads. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.18.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO PARKS AND RECREATION TO PURCHASE A FOOTBALL PRACTICE SLED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $2,000 from the Matoaca District Improvement Fund to the Parks and Recreation Department to purchase a football practice sled for the County's youth football program. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.18.d. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE FOOTBALL EQUIPMENT, FIELD HOCKEY UNIFORMS AND FLAG POLES FOR MANCHESTER HIGH SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $3,000 from the Matoaca District Improvement Fund to the School Board to purchase football equipment, field hockey uniforms and flag poles for Manchester High School. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8/23/00 00-581 8.C.19. CANCELLATION OF PUBLIC ~RARING TO CONSIDER LEASING OF COUNTY PROPERTY AT HARROWGATE PAR~ On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board canceled the public hearing scheduled for 7:00 p.m. on August 23, 2000 to consider the leasing of County property at Harrowgate Park. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLATM~ There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following reports: A report on Developer Water and Sewer Contracts and a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITIONS LENGTH BEXLEY WEST, SECTIONS 3,5 (Effective 7/1/2000) Bexley Farms Court (Route 5089) - From Route 5088 to Cul-De-Sac 0.08 Mi Bexley Farms Drive (Route 5088) - From Cul-De-Sac to Route 5089 0.03 Mi Bexley Farms Drive (Route 5088) - From Route 5089 to Route 5070 0.06 Mi FOREST VIEW, SECTION 3 Frye Terrace (Route 4507) - From Route 4505 to Cul-De-Sac 0.10 Mi Rollingside Drive (Route 4505) - From 0.15 Mile West Route 4506 to Route 626 0.14 Mi FOREST VIEW, SECTION 4 Rollingside Court (Route 4503) - From Route 4508 to Cul-De-Sac 0.05 Mi Twisted Oak Drive (Route 4508) - From Route 4509 to Cul-De-Sac 0.03 Mi Twisted Oak Drive (Route 4508) - From Route 4505 to Route 4509 0.06 Mi Twisted Oak Terrace (Route 4509) - From Route 4505 to Cul-De-Sac 0.10 Mi 8/23/00 00-582 MCCORMICK WOODS, SECTION A FOX Hunt Trail (Route 4495) - From Route 1315 to 0.17 Mile East Route 1315 NORTH AT RIVERS BEND (KINGSTON AVENUE) Kingston Avenue (Route 4841) - From Route 4840 to Route 4835 SANDY BROOK AT BRANDERMILL Sandy Brook Lane (Route 3868) - From Cul-De-Sac to Route 2920 SHADY POINTE AT BRANDERMILL Shady Pointe Court (Route 3857) - From Route 2920 to Cul-De-Sac STONEBRIDGE, SECTION 5 Bridgeside Court (Route 3833) - From Cul-De-Sac to Route 3950 Bridgeside Place (Route 3835) - From Route 3950 to Cul-De-Sac STONEBRIDGE, SECTION 6 Gatebridge Court (Route 3955) - From 0.03 Mile North Route 3954 to Cul-De-Sac Gatebridge Place (Route 3956) - From 0.03 Mile North Route 3954 to Cul-De-Sac SWIFT CREEK CROSSING, SECTION 3 Beaver Spring Court (Route 4417) - From Route 4405 to Cul-De-Sac Beaver Spring Place (Route 4416) - From Cul-De-Sac to Route 4405 Beaver Spring Road (Route 4405) - From Cul-De-Sac to Route 4417 Beaver Spring Road (Route 4405) - From Route 4416 to Route 4413 Beaver Spring Road (Route 4405) - From Route 4417 to Route 4416 Swift Crossing Drive (Route 4413) - From Route 4405 to 0.03 Mile East Route 4405 Swift Crossing Drive (Route 4413) - From 0.08 Mile East Route 4412 to Route 4405 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 0.17 Mi 0.18 Mi 0.13 Mi 0.08 Mi 0.10 Mi 0.10 Mi 0.02 Mi 0.05 Mi 0.08 Mi 0 06 Mi 0 03 Mi 0 06 Mi 0 09 Mi 0 03 Mi 0 04 Mi 8/23/00 00-583 11. DINNER On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502 for dinner. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Reconvening: 12. INVOCATION Reverend Dr. Ivan Perkinson, Pastor of Matoaca Christian Fellowship, expressed appreciation to the Board and County staff for their support of his father, Mr. Baxter Perkinson's efforts to establish a Veterans' Memorial Wall on the grounds of the County Government Complex. He then gave the Invocation. 13. PLEDGE OF ALLEGIA/~CE TO THE FI2%G OF THE UNITED STATES OF AMERICA Eagle Scout Michael Joseph Ben Stough led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING MIDLOTHIAN U-16 SOCCER PREMIER TF2~ FOR ITS OUTSTANDING ACCOMPLISHMENTS AN-D EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY Mr. Kappel introduced Coach Mike Ayotte and members of the Midlothian U-16 Soccer Premier Team who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Holland Cup 2000 Soccer tournament was held in Almere, the Netherlands, on July 29, 2000; and WHEREAS, hundreds of soccer teams from dozens of nations participated in this major sporting event; and WHEREAS, the matches were enjoyed by more than 5,000 spectators from the Netherlands and participating countries; and WHEREAS, Chesterfield County was well represented by the Midlothian U-16 Premier Team; and WHEREAS, this team competed and won 3rd prize in its category; and WHEREAS, such exemplary performance reflects well on Chesterfield County, Virginia. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the superb efforts of the Midlothian Premier U-16 Soccer Team and commends the team members for their outstanding accomplishments, 8/23/00 00-584 noteworthy record, and proud representation of Chesterfield County at the Holland Cup 2000. Mr. Barber presented executed resolutions to Coach Ayotte and each of the team members, congratulated them on an excellent season and wished them continued success. Mr. Webb Estes expressed appreciation to the Board, on behalf of the soccer team, for the recognition and stated that the experience will be an unforgettable one. 14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE SCOUT 14.B.1. MICHA~L JOSEPH BEN STOUGH, DALE DISTRICT Mr. Hammer introduced Mr. Michael Stough who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Michael Joseph Ben Stough, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long- sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Michael is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Michael Joseph Ben Stough and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber presented the executed resolution to Mr. Stough, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Miller presented a County designed patch to Mr. Stough and 8/23/00 00-585 congratulated him on his accomplishments. Mr. Stough expressed appreciation to his parents and family members, fellow scouts and scoutmaster for their support. 14.B.2. BENJAMIN ALEXANDER SMITH, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Benjamin Smith who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Benjamin Alexander Smith, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long- sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Alex is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Benjamin Alexander Smith and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber presented the executed resolution to Mr. Smith, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Miller presented a County designed patch to Mr. Smith and congratulated him on his accomplishments. Mr. Smith expressed appreciation to his parents and fellow scouts for their support. 14.B.3. AUSTEN CRAWFORD BANDER, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Austen Bander who was present to receive the resolution. 00-586 8/23/00 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Austen Crawford Bander, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Austen is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Austen Crawford Bander and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber presented the executed resolution to Mr. Bander, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Miller presented a County designed patch to Mr. Bander and congratulated him on his accomplishments. Mr. Bander expressed appreciation to his parents and family members, fellow scouts and church for their support. 14.B.4. DAVID MATTHEW KROUSE, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. David Krouse who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in 8/23/00 00-587 a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. David Matthew Krouse, Troop 897, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, David is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. David Matthew Krouse and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber presented the executed resolution to Mr. Krouse, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Miller presented a County designed patch to Mr. Krouse and congratulated him on his accomplishments. Mr. Krouse expressed appreciation scoutmaster for their support. to his parents and 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WI{ERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES W~ERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 01SR0104 In Dale Magisterial District, REBECCA L. MORRISON requested renewal of Mobile Home Permit 93SR0242 to park a mobile home in a Residential (R-7) District. The density of this proposal is approximately 1.48 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This property is known as 4747 Cascade Street. Tax ID 778-688-3715 (Sheet 12). Mr. Jacobson presented a, summary of Case 01SR0104 and stated that staff recommends approval for seven years, subject to conditions. Ms. Rebecca Morrison stated that the recommendation is acceptable. 00-588 8/23/00 There was no opposition present. On motion of Mr. Miller, seconded by Mr. McHale, the Board approved Case 01SR0104 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. 00SN0225 In Matoaca Magisterial District, AMERICAN TOWER LP requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies in an Agricultural (A) District on 24.0 acres fronting approximately 402 feet on the north line of Hull Street Road, approximately 2,350 feet west of Sappony Road. Tax ID 685-651-Part of 3370 (Sheet 21). Mr. Jacobson presented a summary of Case 00SN0225 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. He further stated that the proposed request conforms to the citing criteria for towers. Mr. Brennen Keane, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board 8/23/00 00-589 approved Case 00SN0225 subject to the following conditions: There shall be no signs permitted to identify this use. (P) o The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to release of a building permit, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location, height and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. {GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. bo 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. c. The tower shall be of a monopole design. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) (Note: This condition does not grant an exception to any Zoning Ordinance driveway or parking area paving requirement applicable to development of the property.) o Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to screening of mechanical equipment and architectural treatment of building exteriors. (P) (Note: Section 19-570 (b) and (c) would require the screening of mechanical equipment and junction and accessory boxes located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted 8/23/00 00-590 equipment.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) o In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation shall be granted. (P) 10. The tower and associated improvements shall be located as generally shown on the plan prepared by URS Greiner, dated 5/19/00, attached to the "Request Analysis". (P) 11. A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Access and utilities for this use, which may be extended generally perpendicular through this buffer and the existing improvements shown on the plan referenced in Condition 10, shall be permitted in this buffer. Within this buffer, existing healthy trees having a minimum caliper of 2.5 inches, shall be maintained. These trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way. Additional plantings shall consist of trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density of one (1) tree for each 300 square feet of cleared area. In conjunction with site plan submission, or prior to the release of a building permit, whichever occurs first, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) And, further, the Board accepted the following proffered conditions: Except as provided herein, if requested by any County fire or safety agency or by any non-commercial fire and/or rescue squad station located within the County which could be served by the proposed communications tower, the Applicants shall permit such agency or station to install its communications equipment on the tower without charge. Such request shall be based upon a specific need for space on the tower, and such request must be made within fifteen (15) years of the date of approval of this Conditional Use Planned Development. Notwithstanding the foregoing, the Applicants shall not be required to provide such space to such agency or station if the Applicants submit an engineering study to the Planning Department confirming that (i) the tower cannot structurally support the agency's or station's equipment, taking .into account existing equipment on the tower, equipment that the Applicants are committed to install on the tower, and other relevant factors, including space on the ground for equipment that supports tower-mounted equipment, or (ii) the tower cannot accommodate the agency's or station's equipment because of technical constraints due to potential frequency interference between the agency's or station's equipment and equipment installed or to be installed on the tower. (P) 8/23/00 00-591 o Notwithstanding any other conditions imposed as part of this conditional use planned development, the Applicant shall be permitted to install on the Property a temporary telecommunications tower with associated equipment. Any temporary tower shall only be permitted for a one-time period of sixty (60) days from the date that the temporary tower is placed or installed on the Property. The Applicant shall provide the Planning Department with written notice of the date of the placement or installation of the temporary tower within one week of such placement or installation. The exact location and type of temporary telecommunications tower shall be approved by the Planning Department but may include the use of (i) a wooden pole with antennas installed on the pole or (ii) a device commonly known as a cell on wheels. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0271 In Midlothian Magisterial District, JANE S. HARRIS requested a Conditional Use and amendment of zoning district map to permit a public utility use (telephone switching station) in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district use. This request lies on 0.6 acre lying approximately 155 feet off the west line of Salisbury Drive across from Mulligan Court. Tax ID 729-708-Part of 6535 (Sheet 5). Mr. Jacobson presented a summary of Case 00SN0271 and stated that the Planning Commission and staff recommend approval subject to conditions. He further stated that the request conforms to the Midlothian Area Community Plan. Mr. Dudley Parrish, 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 00SN0271 subject to the following conditions: The uses permitted shall be limited to a public utility office use. (P) Development shall conform to the requirements of the Zoning Ordinance for Office Business (0-2) Districts in Midlothian Village Core areas except that setbacks shall be governed by the requirements of the Residential (R-7) District. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-592 8/23/00 00SN0281 (Amended) In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requested Conditional Use Planned Development and amendment of zoning district map to permit a water tank and pump station with communications antennae and height exception in Agricultural (A), Corporate Office (0-2) and Community Business (C-3) Districts. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for planned transitional use. This request lies on 1.15 acres lying approximately 1,220 feet off the east line of Coalfield Road, approximately 600 feet south of South Carriage Lane. Tax IDs 729-705-Part of 0717 and 730-705-Part of 7743 (Sheet 5). Mr. Jacobson presented a summary of Case 00SN0281 and stated that the Planning Commission and staff recommend approval subject to conditions. He further stated that the request conforms to the Public Facilities Plan. Mr. John Harmon, 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 00SN0281 subject to the following condbtions: There shall be no signs permitted to identify this use. (P) o The water tank shall be designed to discourage unauthorized individuals from climbing the tank. Between the water tank (exclusive of the area devoted to the access road) and the southern boundary of the request site, evergreen plantings, having an initial height and spacing to minimize the view of the base of the tank and accessory ground-mounted equipment or structures from the adjacent Corporate Office (0-2) property to the south of the water tank, shall be installed. A detailed plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) o Any communications tower use and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System and the Utilities Department communications system. Prior to site plan or building permit approval, whichever occurs first, the owner/developer of non-County communications equipment shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff and Utilities Department staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County systems, based upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff and Utilities Department staff. (GS and U) The owner/developer of non-County communications equipment shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System and Utilities Department communications system 8/23/00 00-593 caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff or Utilities Department staff. (GS and U) The color and lighting system for the tank/tower shall be as follows: The tank shall be grey or another neutral color, acceptable to the Planning Department. Any communications equipment (antennas, mounting hardware, cabling, etc.) mounted on the outside of the water tank structure shall be the same color as the water tank. c. The tank/tower shall not be lighted. (P) o Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights of way. This condition would not require screening for the tower or tower-mounted equipment or for ground-mounted equipment cabinets.) o At such time that any communications tower use ceases to be used for communications purposes for a period exceeding ten (10) consecutive months, the owner/developer of the communications equipment shall dismantle and remove the antennas and all associated equipment from the property. In conjunction with the approval of this request, a ten (10) foot exception to the 150 foot height limitation for communication towers in an Agricultural (A) District shall be granted. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 01SN0109 In Bermuda Magisterial District, G. E. CAPITAL MODULAR SPACE, A DIVISION OF TRANSPORT INTERNATIONAL POOL, INC., requested amendment to Conditional Use Planned Development (Case 98SN0108) and amendment of zoning district map relative to screening of outside storage areas. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for industrial use. This request lies in a General Industrial (I-2) District on 10.0 acres and is known as 1800 Ruffin Mill Circle. Tax ID 809-636-0942 (Sheet 35). Mr. Jacobson presented a summary of Case 01SN0109 and stated that the Planning Commission and staff recommend approval subject to one condition. Mr. David Hotz, representing the applicant, stated that the 8/23/00 00-594 recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Miller, the Board approved Case 01SN0109 subject to the following condition: Landscaping shall be installed along Ruffin Mill Circle. Such landscaping shall be in an amount and of a species that will effectively minimize the view of outside storage areas from Ruffin Mill Road. The exact landscape treatment shall be approved by the Planning Department. A landscaping plan shall be submitted to the Planning Department for approval within thirty (30) days of the approval of this request. The approved landscaping shall be installed within sixty (60) days of the approval of the plan. The landscape area shall be irrigated with an in-ground irrigation system. Required landscaping shall comply with Section 19-518(e) of the Zoning Ordinance. (P) (Notes: A. This condition supersedes Condition 2 of Case 98SN0108. This condition is in addition to Condition 2 of Case 87S174 for modular building lease, sales and service use only. All other conditions of Case 87S174 to include those conditions modified by Case 98SN0108 shall remain in effect.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0238 In Matoaca Magisterial District, B. J. SUMMERFORD, LLC requested rezoning and amendment of zoning district map from Residential (R-12) to Residential (R-12) with Conditional Use Planned Development to allow bulk exceptions. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre. This request lies on 12.3 acres fronting approximately 520 feet on the west line of Hensley Road, approximately 700 feet north of Brandyfield Place. Tax ID 725-659-Part of 3397 (Sheet 23). Mr. Jacobson presented a summary of Case 00SN0238 and stated that staff had originally recommended denial because of concerns expressed by the Board and the Planning Commission relative to smaller lot development. He further stated that, over the last year, staff has prepared a series of design standards to be used for smaller cluster development and that, since the applicant has not met all of these design standards, staff maintains its recommendation of denial. He further stated that the Planning Commission recommends approval and acceptance of the proffered conditions. Ms. Gloria Freye, representing the applicant, stated that the proposed development would allow for smaller lots for senior housing, is age restrictive and would not have an impact on area schools. She further stated that the proposed development includes 2.7 acres of open space as well as landscaping on the 8/23/00 00-595 lots that would be owned and maintained by the homeowners' association. She stated that the lots would range in size from 7,000-12,000 square feet, with an average of 9,000 square feet, and the minimum house sizes would be 1,700 square feet for one- story and 2,000 square feet for anything over one story. She further stated that the applicant has proffered assurances for quality through restrictive covenants, the establishment of an Architectural Review Committee, paved driveways, sidewalks and street trees. She further stated that, in addition to the maximum cash proffers, the applicant has agreed to make approximately $500,000 in capital improvements to the roadways and utilities infrastructure. She further stated that the Summerford Homeowners Association has indicated its support of the proposed development and noted that other area residents have expressed no opposition. She further stated that the proposed development offers a unique opportunity to meet the needs of the growing population of 55 and older in the County. There was no opposition present. Mr. Miller expressed concerns recommendation for denial. relative to staff' s Mr. Jacobson stated that, over the last few years, staff has been modernizing the County's zoning ordinance and attempting to develop a zoning district classification for cluster types of developments in response to concerns expressed by Planning Commissioners and Board members. He further stated staff recommended denial because the applicant did not proffer all of the design standards developed by staff for cluster development. When asked, Mr. Jacobson stated that he feels the Planning Commission has made a good recommendation. He further stated that the proposed development is similar to the Braxton community and includes some design features that are not present in Braxton. Mr. Miller expressed concerns relative to recommendation for denial based on quality issues. staff's Mr. Barber stated that he feels staff is taking the right approach by developing design standards for small lot development. Mrs. Humphrey stated that she appreciates the proffers for the internal park as well as the age restriction. She further stated that the proposed development is unique and will meet a need in the County for senior citizens. Mrs. Humphrey then made a motion, seconded by Mr. Miller, for the Board to approve Case 00SN0238 and accept the following proffered conditions: This application contains three exhibits described as follows: Exhibit A - The plan titled "The Timbers at Summerford" dated April 10, 2000, last revised June 29, 2000, prepared by William W. Johnson. Exhibit B - The plan titled "The Timbers at Summerford" showing Parcel A (cash proffer lots) and Parcel B (non-cash proffer lots). 8/23/00 00-596 Exhibit C - The Timbers at Summerford Textual Statement, dated April 12, 2000, and last revised May 22, 2000. Plan. The following conditions notwithstanding, the plan attached as Exhibit A (the "Plan") and the Textual Statement attached as Exhibit C shall be the general guideline for development of the Property. Development of the Property shall include landscaping provisions to enhance the areas around Ehe houses, a trails and sidewalk amenity package, age restricted limitation, a singl® access from Wildflower Drive ending in a cul-de-sac, a centrally located open space, and buffers along West Hensley and Wildflower Drive, all of which are further described herein. (P) Density. The maximum number of lots on the Property shall be twenty-five (25). (P) Utilities. used. (U) Public water and wastewater system shall be Dedications. In conjunction with recordation of the first subdivision plat, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (a) Forty-five (45) feet of right-of-way on the west side of Hensley Road, measured from the centerline of that part of Hensley Road immediately adjacent to the property. (b) A ninety (90) foot wide right-of-way for an east/west major arterial ("West Hensley Road Extended") from Hensley Road to the western property line. The exact location of this right-of-way shall be approved by the Transportation Department. (T) o Access. No direct access shall be provided to West Hensley Road Extended or Hensley Ro'ad. (T) Transportation Improvements. To provide for an adequate roadway system, the developer shall be responsible for the following: (a) Construction of two (2) lanes of West Hensley Road Extended, to VDOT urban minor arterial standards (50 mph) with modification approved by the Transportation Department, from Hensley Road to the western property line. (b) Realignment of Hensley Road at West Hensley Road Extended to create a T-intersection. West Hensley Road Extended and Hensley Road to the north shall be the major street. Hensley Road to the south shall be the minor, stop-controlled street. (c) Construction of additional pavement along Hensley Road south of the West Hensley Road Extended intersection to provide a three (3) lane typical section [i.e.: one (1) southbound lane and two (2) northbound lanes]. (d) Construction of additional pavement along West 8/23/00 00-597 10. Hensley Road Extended at the Hensley Road intersection to provide left and right turn lanes. (e) Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easement) required for the improvement identified above. (T) Transportation Phasing Plan. Prior to any road and drainage approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6, shall be submitted to and approved by the Transportation Department. (T) Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Homeowners Association. A homeowners association shall be established to own, manage, and maintain the Open Space and the landscaping described in Proffer 18 and provided in compliance with Section 19-105 (n) of the Zoning Ordinance except that the word "lots" shall be substituted for the term "townhouse lots" used in Section 19-105 (n). (P> Open Space. A minimum of 2.7 acres of the Property (exclusive of buildings and paved vehicular areas) shall be devoted to open space ("Open Space"). Any Open Space not conveyed to individual owners, except streets, roads, and paved vehicular areas, shall be counted toward the Open Space requirement. At a minimum, the following Open Space areas shall be provided. (a) A minimum fifty (50) foot buffer shall be provided along the north line of West Hensley Road. This shall be located within recorded open space and shall be exclusiv~ of required setbacks and shall not be part of any residential lot. This 50-foot buffer shall comply with Sections 19-520 (a), 19-521 (a), (b), (e), and (h), and 19-522 (a) (2). Pedestrian paths may be provided within this buffer. If provided, the exact treatment and location of the pedestrian paths shall be approved at the time of tentative subdivision review. (b) A minimum thirty (30) foot buffer shall be provided along Wildflower Drive. This buffer shall be located within recorded open space and shall be exclusive of required setbacks and shall not be part of any residential lot. This 30-foot buffer shall comply with Sections 19-520 (a), 19-521 (a), (b), (e), and (h), and ].9-522 (a) (1). Pedestrian paths may be provided within this buffer. If provided, the exact treatment and location of the pedestrian paths shall be approved at the time of tentative subdivision review. (c) A minimum 0.4-acre of open space shall be provided on the Property and shall be centrally located 8/23/00 00-598 11. 12. within the Property ("Central Open Space") as generally shown en the Plan. Any trees that are eight (8) inches or greater in caliper and are located within the Central Open Space shall be maintained unless removal is approved by the Planning Department te accommodate improvements such as pedestrian paths er trails er the other improvements described herein. Pedestrian paths er trails shall be provided within the Central Open Space and the exact treatment, location, and phasing ef construction ef the pedestrian paths er trails shall be approved at the time ef tentative subdivision review. Provided, however, that hardscaping ef such paths er trails shall not be required. Benches, picnic tables, grills, shelters, and/er gazebos shall be permitted in the Open Space. (d) A sidewalk shall be provided along the lot frontages of Wildflower Place as generally delineated on the Plan. The exact treatment and location of the sidewalk shall be approved at the time of tentative subdivision review. The sidewalks shall be maintained by the homeowners association unless accepted for maintenance by VDOT. (e) Street trees shall be planted er retained between the street and the sidewalk along the let frontages of Wildflewer Place. The Planning Department, at the time ef tentative subdivision plat review, shall approve the exact location, spacing, species, and size ef the trees. The street trees shall be maintained by the homeowners association unless accepted for maintenance by VDOT. (P) Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such ether applicable federal, state, er local legal requirements, dwelling units shall be restricted te "housing for older persons" as defined in the Virginia Fair Housing Law and Shall have no persons under 19 years of age domiciled therein. (B) Cash Proffer. For each dwelling unit developed within or partially within the boundary of Parcel A as shown on Exhibit B, the applicant, subdivider, or assignee(s) shall pay $3,093.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2000. At the time of payment, the cash proffer shall be allocated pro- rata among the facility costs as calculated annually by the County Budget Department as follows: $660 for parks, $264 for library facilities, $251 for fire stations, and $1,918 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $3,093.00 per unit and shall be adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2000 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the 8/23/00 00-599 development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees in a manner as determined by the County. (B) 13. House Size. The minimum gross floor area for houses shall be 1,700 square feet for one-story houses and 2,000 square feet for houses greater than one story. (P) 14. (a) Building Materials. The facades of dwelling units shall be constructed of brick, brick veneer, wood, vinyl siding, cementious-type siding, composite siding, eifs, glass, stone, stucco or dryvit. The exposed surfaces of all dwelling unit foundations shall be faced with brick veneer or stone. Gas or ornamental fireplaces may be wall vented provided that such wall vent is enclosed within a chimney or as part of the principal structure and that such enclosure shall not be cantilevered. (b) Garages. Twenty percent (20%) of the garages shall have a rear or side entry. At the time of building permit application on each lot, documentation shall be provided as to whether dwellings exist or building permits have been approved on the remaining lots. If a dwelling unit exists or has been approved on those lots, documentation as to the orientation of the garage door(s) shall be submitted. (P) 15. Driveways. Private driveways on individual lots shall be "hardscaped." The exact design and treatment of driveways shall be approved by the Planning Department. 16. Covenants. Prior to or in conjunction with the recordation of the subdivision plat, the Developer shall record restrictive covenants (the "Covenants"). At a minimum, the Covenants shall establish an architectural control committee (the "ARC"). The ARC shall include, in addition te the Developer's representatives, eno member from the Summerferd Homeowners Association. Further, the Covenants shall provide for: (1) the maintenance of the Open Space; (2) the manner ef review and approval by the ARC; and (3) the architectural standards and/or guidelines te be used for the approval ef the architectural elevations of the dwelling units on the Property. The ARC shall determine compatibility ef structures. (P) 17. Stormwater Management. Any on-site stormwater management facility shall be installed underground. (EE) 18. Landscaping. Landscaping, to include a minimum of ten (10) medium shrubs and two (2) trees [either two (2) evergreens or two (2} small deciduous or a combination thereof], shall be provided on each lot. Landscaping shall comply with the requirements of Zoning Ordinance Sections 19-516 and 19-518 (a), {b}, (c), (e), and (f). The landscaping shall be designed to minimize the predominance of building mass and paved areas, to define private spaces, and to enhance the residential character of the development. A landscaping plan, prepared pursuant to Zoning Ordinance Section 19-517 lb), shall be submitted for each individual lot prior to the issuance of a building permit on said lot. The Planning Department shall approve the spacing, arrangement, and species of the plantings for each landscaping plan. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8/23/00 00-600 16. PUBLIC HEARINGS 16.A. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO BUSINESS LICENSE FEES Ms. Dickson stated that this date and time has been advertised for a public hearing to consider ordinance amendments relating to business license fees. She further stated that last year the Board voted to cap business license revenue in the budget at the FY99 level by approving a $40,000 gross receipts exemption for all businesses with gross receipts over $100,000. She stated that, in order to continue the capping of BPOL revenue, the proposed amendment increases the current exemption for businesses with over $100,000 in gross receipts from $40,000 to $100,000 effective January 2001. She further stated that the amendment would make the exemption applicable on a per license basis rather than per business, resulting in greater tax relief for businesses holding multiple licenses. She stated that the proposed change also reduces the business license fees for businesses with gross receipts between $10,000 and $99,999 from a maximum of $50 to $10 per license and noted that business licenses with more than $100,000 in gross receipts will pay either the applicable tax on their gross receipts less the exemption or $10, whichever is greater. She further stated that the second amendment relates to repair service businesses and noted that, in the past, businesses falling within the repair services category paid the personal services rate of $0.36 on gross receipts from their services and the retail rate of $0.20 on the parts used in that service, provided that they were billed separately. She stated that recent guidelines from the Department of Taxation require a change in that methodology and the Commissioner of Revenue implemented the new guidelines in January 2000 whereby the parts were no longer considered a separate business activity, but part of the repair service and began billing the businesses at the personal services rate for both activities at $0.36. She further stated that the change has increased the 2000 BPOL tax liability for some repair service businesses and the proposed ordinance amendment would create a separate business license category for repair services with a rate of $0.28. She stated that the Commissioner of ReVenue's office has estimated that, at $0.28 per hundred, the taxes paid by repair service businesses would remain at approximately the same level as before the new guidelines were implemented. Mr. George Peyton, Vice President of the Retail Merchants Association of Greater Richmond, stated that the members of the Association support and applaud the proposed ordinance amendment which will benefit new retail companies as well as existing businesses. He further stated that continuing retail growth and additional revenues generated will enable further reductions in the regressive BPOL tax. He stated that staff has suggested that, in future years, there would likely be the possibility of reducing the percentages paid by the various categories of business and requested that, if the Board takes staff's future direction, they address the rate paid by the retail category. Mr. Gary Thomson, Chairman of the Tax Structure Study Committee, stated that the Committee endorses the proposed ordinance amendments. He expressed appreciation to the Board, on behalf of the Chesterfield Business Council, for addressing the BPOL issue and stated that the Council supports continued reform of the BPOL tax. He further stated that it is critical that the County maintains a tax base that is not only predictable, but is fair and encourages economic development. 8/23/00 00-601 He stated that he feels a reduction in the BPOL tax will encourage economic development as well as benefit existing businesses. Mr. Joe Techavek, owner of Speedy Auto Service, expressed concerns relative to the delay in notifying business owners of the increase in business license tax for repair services. He stated that he was notified of a 76 percent increase in his business tax ten days before it was due. He questioned the interpretation of new State guidelines for taxation of repair services. Mr. Carmichael stated that State guidelines are not received in a timely manner whereby ordinances can be adopted prior to January 1st. He further stated that, after his office caught up from the renewal of business licenses and State income taxes, audits were done to make sure that payments were correct. He stated that no penalties or interest were added to the additional fees charged to individuals because of changes in State guidelines. When asked, Mr. Carmichael stated that the new State guidelines impacted approximately 150 to 200 County businesses. He further stated that Chesterfield County follows "the letter of the law" when interpreting State guidelines. He stated that adoption of the proposed ordinance will help to ensure that the taxes paid by repair service businesses would remain at approximately the same level as before the new guidelines were implemented. There being no one else to speak to the ordinance, the public hearing was closed. Mr. Barber stated that he feels Mr. Carmichael has always been consistent in implementing ordinances. Mr. McHale stated that the Tax Structure Committee endorses the proposed ordinance amendments and that he feels the Board needs to take this action prior to receiving the Committee's full recommendation. He further stated that he intends to support the proposed ordinance. Mrs. Humphrey expressed appreciation for members from the business community and supports staff's recommendation. the presence of stated that she Mr. Warren expressed appreciation for the support of the business community and stated that the Board's philosophy has been not only to cap BPOL, but to also reduce or eliminate some of the injustices that have occurred in the past. He further stated that adoption of the proposed ordinance amendments would help to solidify the message being sent to existing businesses. He stated that he feels Mr. Carmichael does an excellent job and is objective in his interpretation of State guidelines. He requested that the Board be advised of future changes in State guidelines that affect County businesses. Mr. Carmichael stated that State law prohibits the Commissioner of Revenue from dispensing too much information relative to individual businesses and gross receipts. Mr. Warren requested that. Mr. Carmichael alert the Board members to any interpretation of the law that would result in a substantial tax increase to businesses. Mr. Carmichael agreed to make general information available when apropriate. Mr. Warren then made a motion, seconded by Mr. McHale, for the Board to adopt the following ordinance: 00-602 8/23/00 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 6-1, 6-4, 6-23 AND 6-30 RELATING TO IMPOSITION OF BUSINESS LICENSE TAXES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 6-1, 6-4, 6-23 and 6-30 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 6-1. Definitions. For the purposes of this chapter, the following terms shall have the following meanings, unless the context requires a different meaning: o o o Personal and business services means services other than repair, professional, financial or real estate services rendered for compensation either upon or for businesses, professions, persons, animals, or personal effects, including all activities not otherwise subject to licensure pursuant to other provisions of this chapter, and includes, but is not limited to, the following businesses: o o o Airports (including, but not limited to, tie-down fees, charter services, and flying lessons) o o o Cleaner of motor vehicles o o o Repair Service means services rendered for compensation where tangible personal property is renovated, restored to working order or returned to sound condition. For purposes of this definition, gross receipts from the sale of parts used in the repair or maintenance of tangible personal property as well as from preventive maintenance services for or upon such property shall be included. o o o Sec. 6-4. License fees. Every person engaged in a business which is licensable pursuant to this chapter shall pay an annual fee if the total gross receipts, or gross purchases in the case of wholesale merchants, from the licensable business activity are $10,000.00 or more, but less than $100,000.00, during the base year. An annual license fee shall be paid for each licensable business activity. The annual fee shall be calculated as follows: 8/23/oo 00-603 Gross Receipts/Purchases of each licensable Business Activity ~ee $1.00 -- $9,999.99 $0 $10,000.00 - $99,999.99 $10.00 O O O Sec. 6-23. Imposition of taxes generally. No tax shall be levied pursuant to this article on any business whose base year gross receipts, or gross purchases in the case of wholesale merchants, were less than $100,000.00. If the base year gross receipts of the licensable business activity are greater than or equal to $100,000.00, the amount of such gross receipts shall be reduced by $100,000.00 for the purpose of calculating the applicable tax and the business shall pay the tax on the reduced amount or a license fee of $10.00, whichever is greater. The $100,000.00 reduction shall not apply to any estimates made under section 6-24 but shall apply to the correction of such estimates. O O O Sec. 6-30. Repair, personal, and business services. (a) Every person engaged in a personal or business service shall pay a license tax of $0.36 per $100.00 of base year gross receipts. (b) Every person engaged in a repair service shall pay a license tax of $0.28 per $100.00 of base year gross receipts. (2) 2001. This ordinance shall become effective January 1, Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.B. TO CONSIDER AN ORDINANCE TO ESTABLISH THE GREAT BRANCH SEWER ASSESSMENT DISTRICTS A AND B Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to establish the Great Branch Sewer Assessment Districts A and B. He further stated that the landowners have requested and staff supports a deferral of the public hearing until October 11, 2000 to allow them the opportunity to address some issues. Mr. Chris Nolen, representing the Hazel Copley Estate, stated that he supports the deferral. Mr. Jim Smith, representing the Virginia Department Transportation, requested to speak. of When asked, Mr. Smith stated that he is not opposed to the deferral. Mr. Warren requested and Mr. Smith agreed to hold his comments until the October 11, 2000 public hearing. 8/23/00 00-604 No one else was present to speak to the deferral. Mr. McHale stated that he feels the deferral will allow the opportunity to work out issues. When asked, Mr. Micas stated that the ordinance will have to be re-advertised. Mr. McHale urged all parties to conclude their negotiations prior to the re-advertisement. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to defer the public hearing to consider an ordinance to establish the Great Branch Sewer Assessment Districts A and B until October 11, 2000. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 00SN0226 In Bermuda Magisterial District, AMERICAN TOWER LP requested amendment to Conditional Use Planned Development (Case 81S042) and amendment of zoning district map to allow a private communications tower. 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 2.51 to 4.0 units per acre. This request lies in a Residential (R-7) District on 29.7 acres, located at the terminus of Cougar Trail. Tax ID 793-635-0024 (Sheet 34). Ms. Rogers presented a summary of Case 00SN0226 and stated that the Planning Commission and staff recommend approval subject to conditions, one of which would have allowed the tower to have a height of 325 feet if the County co-locates equipment with private companies. She further stated that the condition would limit the height of the tower to a maximum of 220 feet if only private companies are located on the tower. She stated that generally in residential areas the Planning Commission and Board have limited communication towers to a height of 190 feet, but have allowed towers housing County emergency equipment to be constructed to greater height due to health, safety and welfare concerns. She further stated that it is both staff and the Planning Commission's position that if the tower is used solely by private companies, the height should be brought into closer conformance with today's standards with respect to private communications towers in residential districts. She stated that the applicant has expressed concerns relative to the height limitations recommended by staff and the Commission and that, since the Planning Commission's public hearing, the applicant has submitted alternative language to Condition 1 that would allow any new tower to be erected to a height of 325 feet if co-location occurs with the County or any of the County's vendors and that if the tower is erected to a height of 325 feet to accommodate co-location, it could remain at that height for a maximum of twenty years regardless of whether co-location continues for the twenty year period. She further stated that, at the end of twenty years, the height of the tower would have to be reduced to 220 feet unless the County determines the height is needed for County communication purposes. She stated that, as 8/23/00 00-605 proposed by the applicant, the condition would allow a height of 325 feet in a situation where the County has contracted with a private cellular company to provide cellular service. She further stated that staff feels the alternative language does not comply with the Planning Commission's recommendation and would therefore not recommend that the alternative condition be imposed. When asked, Ms. Rogers stated that staff's goal is to ensure that if only private companies are located on the tower, the height should be brought into closer conformance with what the Planning Commission and Board have approved in the past relative to private towers in residential districts. Mr. Brennen Keene, representing the applicant, stated that it is the applicant's intent to replace the existing 300 foot tower because it is approaching the end of its useful life and no new antennas can be added without structurally altering the existing tower. He further stated that, given the residential character of the Harrowgate Road Corridor, the new tower would be an excellent resource for the County's use. He requested the Board's approval of the proposed request including the alternative language to Condition 1. Mr. Robert Eanes, representing Chesterfield County Administration, stated that the County has communications equipment located on the existing tower. He further stated that there is a future need for the County's equipment to remain on any new tower with capabilities up to 325 feet in height. There being no one else to speak to the Case, the public hearing was closed. Mr. McHale stated that he will support the applicant's alternative language to Condition 1 because it permits the applicant to erect a tower up to 325 feet only if the County enters into the agreement. He further stated that there has been no opposition to the request and that he does not feel it makes good business sense to require the applicant to take the tower down prior to twenty years if the County no longer desires to use it. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 00SN0226 subject to the following conditions: If the existing 300 foot tower is replaced, the maximum height of any new tower shall not exceed 220 feet unless the County or any of its communications vendors co-locates communications equipment used for County purposes on the new tower. If such co-location occurs, the maximum height of the new tower shall be that necessary to accommodate the County's communications needs, but in no case higher than 325 feet. If such co-location occurs, the new tower shall be permitted to remain at the new height for a period of twenty years from the date of such co-location regardless of whether such height is needed for County communications purposes. After the twenty-year period expires, the tower height shall be reduced to 220 feet unless the County determines that the additional height is needed for County communications purposes. 00-606 8/23/00 o There shall be no signs permitted to identify this use. If the existing tower is replaced, the base of the new tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or structures from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval prior to release of a building permit for a new tower. (NOTE: This condition supersedes Condition 1 of Case 81S042 if the existing tower is replaced. Condition 1 of Case 81S042 remains in effect for the existing tower.) 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 or prior to the release of a building permit, whichever occurs first, the owner/developer of equipment that is not part of the County system shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (SS) The owner/developer of equipment that is not part of the Chesterfield County Public Safety Trunked System shall be responsible for correcting any frequency problems which affect the County's system caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and design of the tower shall be as follows: If antennae are incorporated into the existing tower, the antennae apparatus and associated improvements shall be the same or similar color to the existing tower. The exact color shall be approved by the Planning Department. bo Any new 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) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) 8/23/00 00-607 o Any building or mechanical equipment shall comply with Section 19-5705 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19-570 (b) and (c) would require screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment.) o At such time that the existing or any new 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. Provided, however, that if a new tower is built and the twelve (12) months have elapsed prior to January 30, 2002, the existing tower need not be removed before January 30, 2002. (P) (NOTE: This condition permits two (2) towers until January 30, 2002.) 10. Any new tower shall be located in the general area of the existing tower. (P) (NOTE: These conditions are in addition to conditions of Case 81S042.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Before closing, Mr. Warren congratulated Ms. Dickson for ten years of service to the County and expressed appreciation for her financial leadership. 18. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 8:28 p.m. until September 13, 2000 at 4:00 p.m. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Lan~B. Ramsey ~ County Administrator~ 00-608 A~'{~r ~. ~Warren Chairman 8/23/00