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04-23-1997 MinutesBOARD OF SUPERVISORS MINUTES April 23, 1997 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Dr. William Bosher, Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Ms. Faith L. Davis, Clerk to the Board Mrs. Doris R. DeHart, Asst. Co. Admin., Legis. Svcs. and Intergovern. Affairs Chief F. W. Dolezal, Fire Department Mr. William D. Dupler, Building official Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Management Services Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Mr. Robert L. Masden, Deputy Co. Admin., Human Services Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis M. Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Dir., Budget & Management Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Frederick Willis, Jr., Dir., Human Resource Mgt. Mr. Warren called the regularly scheduled meeting to order at 3:10 p.m. 4/23/97 97-281 1. APPROVAL OF MINUTES On motion of Mr. Daniel, seconded by Mr. Barber, approved the minutes of April 9, 1997, as submitted. Vote: Unanimous the Board 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that today is being recognized as "Model County Government Day" He further stated that 77 students are participating in the event this year and each study will be shadowing a County official tomorrow. He stated that this Program is designed to give high school government students a first hand look at County government. He further stated that this year's activity has been coordinated by the Extension Service 4-H Agent, in cooperation with Youth Services and the school Social Studies Coordinator. Mr. Skip Todd, with the Extension Service, recognized Ms. Lee A. Chase, Instructional Specialist for Social Studies, K-12, who was present at the meeting and expressed appreciation to her for her efforts in this year's Program. Each student then came forward and stated their name, school, and County official they will be shadowing. Mr. Todd expressed appreciation to the Board for their continued support in the Model County Government Day Program. Mr. Ramsey introduced Mr. Steve Humphrey, representing MGT of America, Incorporated, to brief the Board on findings and recommendation of their recently completed Strategic Management Study of the Community Development Division. Mr. Stith presented a copy of the Community Development Division Strategic Plan to each Board member. Mr. Humphrey stated that Community Development Division Strategic Plan goals included improving customer satisfaction; reducing cycle time; and improving efficiency and effectiveness of division. He further stated that methodology used included meeting with County leaders; reviewing existing reports and data; conducting personal interviews with staff and customers; holding public meetings; and surveying customers. He stated that during the public forum concerns were expressed over the amount of building codes and inconsistency in enforcement; the building inspection process being difficult to navigate; the criteria for selecting Community Development Block Grant projects; the perception of lack of communication between the departments; and the plan review process, after the first submission. He further stated that a mail survey showed overall positive responses regarding how citizens felt about various issues in the Community Development Division. He stated that the survey indicated that citizens felt the Division had a great deal of professionalism; that between 60-70 percent agreed that the Division had a lot of knowledge; and that they agreed there was a lot of communication within the Division. He further stated that survey showed that the planning process time needed to be reduced; that there needed to be more access to staff; that more improvement was needed in the attitude of staff; that the building permit process time needed to be reduced; and that staff utilization needed to be improved. He stated that at the end of the analysis, MGT developed fifty-one recommendations for consideration. He briefly reviewed some key division-wide recommendations including establishing a new Plans Review department; preparing a new manual for contractors; providing incentives to developers to submit quality plans the first time; 4/23/97 97-282 and developing written policies and procedures. He then briefly reviewed departmental key recommendations including creating an assistant to the Deputy County Administrator for Community Development; developing interface between the Building Inspection System and the Treasury System; developing formal strategies for assisting other sectors of the County; improving subdivision time review; giving G.I.S. staff the authority to set strict protocols over the content of materials used for updating the G.I.S. database; setting firm deadlines for departmental review comments; creating a new position for a historic preservation planner to be housed int he Comprehensive Planning Section; allowing Right-of-Way to become a department within Community Development; investing the necessary resources to create a business plan; investing in a direct link to the Internet; and evaluating the need for designing a comprehensive relational database information system. He stated that thirty- four points were included the report of commendations made by the Community Development Division over recent years to improve its overall operations. He briefly reviewed key Division-wide commendations including establishing open lines of communication; encouraging professional development; decreasing time in the review process; high level of customer satisfaction, job knowledge, handling of problems, and general service efficiency; and national recognition of several ~innovative County government programs. Mr. Stith stated that the Community Development departments are currently in the process of addressing many of MGT's recommendations including, effective April 1, 1997, creation a new development manager's position that reports directly to his office. He further stated that three cross-functional TQI teams are currently at work in the Division to address many issues raised by MGT and the Site Plan Process, Subdivision Process, and Building Permit Process Teams are three PAT's that were created during the past several years. He noted that these team sa re addressing most of the substantive issues raised in the MGT Report. He stated that the Planning Department has contracted with a consultant to prepare a design standards manual; that efforts are currently underway to develop a community development relational database; that a team, comprised of staff and representatives of the development community, has been created to evaluate incomplete plan submittal and to make the appropriate recommendations, including the use of incentives; and conducting regularly quarterly meetings with the development community to serve as an open forum for the exchange of information and ideas between County staff and developers. Mr. Ramsey stated that one of the major recommendations was the establishment of the automation business plan. He further stated that funds were included in this year's Budget to hire a consultant to assist in designing this plan. He stated that staff will be going through the design phase of that system this year and that staff will report back to the Board, during next year's Budget process, with recommendations on how to put the system in place. Mr. Barber stated that he held a meeting in Bon Air on April 22, 1997 in which there were a lot of staff from the Community Development Division present. He commended Utilities Department staff for their willingness to explain to citizens the process surround the Waterline Rehabilitation Project and for their efforts regarding this Project. He expressed appreciation to Mr. McCracken, Mr. Jacobson, Mr. Turner, and others in the Community Development Division for taking the time to attend his meetings and for their display of knowledge and professionalism. 4/23/97 97-283 Mr. Warren stated that Chesterfield County is increasing in development and that the Community Development Division has adjusted and been flexible with this changing environment. He further stated that the County's population is over 250,000 and is the largest jurisdiction, in population, in Central Virginia. He stated that the County has had an increase of 2,400 additional businesses locating in Chesterfield in the last five years and over 16,000 additional employees have been added to Chesterfield County payrolls; and expressed appreciation to Mr. Stith and his staff for the services they provide. Mr. Stith stated that Community Development staff will continue to work on special projects such as the Riverfront Committee with Mr. McHale. Mr. Barber presented a copy of the Strategic Plan to Miss Blackwood, a County Government student, to give to her father, Mr. Willis Blackwood. Mr. Warren stated that Mr. Blackwood served on a restructure committee who made many beneficial recommendations that the County has implemented over the past several years and that his participation is always encouraged. Mr. Ramsey commended Mr. Stith for his efforts these past several years on this study and stated that this study is a road map for addressing the future and making improvement to this Division. 3. BOARD COMMITTEE REPORTS Mr. Daniel stated that one of the County's Budget items, that was recently approved, is the continuation of the contract with the Chamber to form the Greater Richmond Economic Development Partnership. He further stated that Hewert Packert recently announced that they will be locating to Chesterfield, with a significant number of jobs. He stated that the Partnership was recently cited as one of the Top Ten Development Groups in America and noted that this recognition was site by Site Selection Magazine. He further stated that the Partnership also received recognition from AEC Sales Literature Promotional Materials and was cited for two excellent ratings on their brochures and technical information that they distribute about the metropolitan area. He stated that Mr. Greg Wingfield, President of the Greater Richmond Economic Development Partnership, regularly appears on CNBC and is interviewed about economic development. He further stated that Chesterfield is benefiting from this joint partnership. Mr. McHale stated that each of the Board members have received a copy of a book entitled "Nuts" -- (Southwestern Airlines, Crazy Recipe for Business and Personal Success). He further stated that Mr. Kevin Freebird, the Arthur of this book, was the guest speaker at the Richmond Forum for Excellence on April 22, 1997 and that it was one of the most dynamic presentations on quality and how organizations does business. He stated that Southwestern Airlines is the leader in the Airline industry, in quality and sets the standard for excellence in the transportation and service industry. He noted that Chesterfield County was one of the sponsors for the Richmond Forum event and that former President Bush was also present. Mr. Daniel stated that he had the opportunity to personally meet President Bush on April 22, 1997 and commended him on his character, presence, and the way he reaches individuals. 97-284 4/23/97 Mr. Barber stated that he attended a joint Community meeting with Richmond Metropolitan Authority (RMA) meeting on April 21, 1997 and expressed appreciation to staff for their efforts in dealing with the public regarding the toll issue. He further stated that the Midlothian YMCA Kick-off will be held April 23, 19977 and that his next "First Monday" meeting will be held May 5, 1997 with the topic of discussion being Alzheimer's Dis'ease. He stated that he will be representing the Board at the celebration of Reams Elementary School's building additions on May 6, 1997. He further stated that on May 12,' 1997, ~he Chesterfield County Public Schools will take the initiative to bring some of its school leaders together to look at their methods of accountability and commended them for these efforts. Mrs. Humphrey referenced a severe truck and bus accident that took place this morning at 1-95 and Willis Road. She stated that she pulled off the road to observe what assistance the Board of Supervisors could offer in this type situation. She commended the Fire Department and emergency rescue personnel for their efforts. She stated that the press was also at the scene and exhibited the utmost in professionalism in letting the F£re Department, commuters, and families attend to their needs, rather than asking them questions and taking pictures, etc. She recognized Ms. Yvonne Nelson, Channel 12, Mr. Chris O'Connell, Channel 6, and Mr. Kevin Freeman, Channel 8, and expressed appreciation to them for an excellent job done at this scene. She stated that she and Mr. McHale attended the dedication of the ballfield at Virginia State University and noted that the ballfield is named "Colbert Baseball Field" after the Late Mr. Whaley Colbert, former Matoaca District Board of Supervisor representative. Mr. McHale stated that the James River High School Band played much of the afternoon at the Richmond Forum for Excellence and received formal presidential commendation. He noted that the County School System, as well as County Government, was a sponsor of the Forum for Excellence. He stated that Dr. James Schroeder, Midlothian District School Board representative, and Ms. Diane Pettitt, Clover Hill District School Board representative, was present at the Forum event. Mr. Warren stated that he participated in a public forum on April 21, 1997 with Mr. Barber and Mrs. Humphrey and expressed appreciation to them for their support for no toll increases in the County. He further stated the RMA Board has deferred action on the issue of a toll increase for six months to further study the issue and noted that he has an item on today's Agenda regarding the Board of Supervisors involvement in researching the options and alternatives to assist in this process. He stated that he was a guest speaker at the 150th anniversary of Redeemer Lutheran Church on April 20, 1997 and noted that Dr. James Schroeder also attended; and that several of the Board members attended the Grand Opening of the Little League at Manchester High School on April 19, 1997. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN T~E ORDER OF PRESENTATION On motion of Mr. Daniel, seconded by Mr. McHale, the Board replaced Item 8.C.l.d., Adoption of Resolution Requesting the Virginia Highway and Transportation Board to Allocate Recreational Access Funds and Authorize the County Administrator to Execute an Agreement with the Virginia Department of Transportation for the Phase II Clover Hill Sports Complex Access Road Project; added Item 8.C.l.e., Adoption of Resolution Establishing a Powhite Parkway Toll Advisory Committee and Transfer of Funds to follow Item 8.C.l.d.; added Item 8.C.l.f., Adoption of Resolution Recognizing Mrs. Doris R. DeHart Upon Her 97-285 4/23/97 Retirement to follow Item 8.C.l.e.; added Item 8.A.2., Nomination/Appointment to the Personnel Appeals Board to follow Item 8.A.l., Nomination/ Appointment to the Camp Baker Management Board; added Item 8.C.6.c., Request for Permission from River Ridge Homeowners Association to Construct Brick and Block Entrance Signs, Columns, and Fences Within Two Fifty Foot Sign Easements to follow Item 8.C.6.b., Request for Permission from Sikh Association of Central Virginia, Incorporated to Construct an Asphalt Driveway and Concrete Curb and Gutter Within an Unimproved Right-of-Way Known as Marty Boulevard; added Item 8.C.14., Conveynace of Easement with Bell Atlantic- Virginia, Incorporated to Install Underground Telephone Cable Along Allied Road to Provide Telecommunication Service to the Chesterfield County Public Safety Complex to follow Item 8.C.13., Appropriation of State Mental Health/Mental Retardation/ Substance Abuse Expenditures for Technology Upgrades; added Item 8.C.15.a. Transfer of Bermuda District Three Cent Road Funds to Purchase Chester Forum Tickets for County Students, added Item 8.C.15.b., Transfer of Bermuda District Three Cent Road Funds to Defray Costs for Thomas Dale High Schools 1997 Graduation Party, and added Item 8.C.15.c., Transfer of Three Cent Road Funds From Each of the Five Magisterial Districts for a Post-Prom Party at the Governors School to follow Item 8.C.14.; and deleted Item 9., Mr. Isaac H. Condor Wishing to Speak Under Hearings of citizens on Unscheduled Matters or Claims and, adopted the agenda, as amended. Vote: Unanimous 5. RESOLUTIONS AND SPECIAL RECOGNITIONS O RECOGNIZING MAY 4-10t 1997 AS "MUNICIPAL CLERKS WEEK" Mr. Warren introduced Mrs. Faith Davis and Ms. Tammy Haskins who were present to accept the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Office of the Municipal Clerk -- a time honored and vital part of local government exists throughout the world; and WHEREAS, the office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, Municipal Clerks serve as the information center on functions of local government and the community; and WHEREAS, Municipal Clerks continually strive to improve the · administration of the affairs of the office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their State, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the office of the Municipal Clerk. 97-286 4/23/97 NOW, THEREFORE BE IT REsoLVED, that the Chesterfield County Board of Supervisors publicly recognizes May 4-10, 1997, as "Municipal Clerks Week" and extends their appreciation to Chesterfield's Municipal Clerks, Mrs. Faith L. Davis and Ms. Tammy D. Haskins and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Vote: Unanimous Mr. Warren presented the executed resolution to Mrs. Davis and Ms. Haskins, commended them for their involvement· in the Municipal Clerks Association, and expressed appreciation for the services they provide to the Board of Supervisors and the County. Mr. Daniel commended Mrs. Davis and Ms. Haskins for their professionalism and efforts in dealing with the broad spectrum of the Board's constituency. 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 8.A.1. CAMP BAKER MANAGEMENT BOARD On motion of Mr. McHale, seconded ~y Mr. Daniel, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Camp Baker Management Board and the Personnel Appeals Board. Vote: Unanimous On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed/reappointed Mr. A1 Elko, representing Midlothian District; Mr. Lawrence Hatton, representing Bermuda District; and Mr. Albert McCants, representing the Chester Civitan Club, to serve on the Camp Baker Management Board, whose terms are effective May 1, 1997 and will expire April 30, 2000. Vote: Unanimous 8.A.1. PERSONNEL APPEALS BOARD On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. Louis Zammett to serve on the Personnel Appeals Board, whose term is effective immediately and will expire December 31, 1998. Vote: Unanimous 4/23/97 97-287 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following streetlight installation cost approvals: Bermuda District Maranatha Avenue and Point of Rocks Road, on the existing pole * West Hundred Road and Chestnut Hill Road, entrance to the Comfort Inn, on the existing pole Branders Bridge Road, vicinity of 12611, on the existing pole (Ail due to safety issues.) Dale District * Wannee Way, in the cul-de-sac, on the existing pole Due to health, safety, and welfare issues Matoaca District Piedmont Avenue, 8 streetlights on existing poles, between 2900 and 3016 Court Street, vicinity of 21503, on the existing pole River Road, entrance to the Ettrick-Matoaca Library, on the existing pole (It is noted that there is no cost to lights.) Vote: Unanimous install any of these 8.C. CONSENT ITEMS Mrs. Humphrey stated that she requested Item 8.C.6.c., Request for Permission from River Ridge Homeowners Association to Construct Brick and Block Entrance Signs, Columns, and Fences Within Two Fifty Foot Sign Easements, be added to the Agenda because it has been a right-of-way issue for approximately two years with the River Ridge Community Association. 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. APPROPRIATING FUNDS IN THE SCHOOL GRANTS FUND On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following resolution: On motion of Mr. Trammell, seconded by Mrs. Davis, the School Board requests the Board of Supervisors approve changes to the Instruction appropriation category in the School Grants Fund by $67,210 for the following grants: Grant/Fundinq Source Amount State: FY97 Technical Resources Assisting Individuals with Needs FY97 Special Education In-Service Training $ 7,600 1,600 97-288 4/23/97 Federal: Summer 1997 JTPA/CATC Grant FY97 Interpreter Training Grant Local Reimbursement: Carl Perkins Vocational Education (Henrico reimbursement) Total increase to Instruction Appropriation Category Vote: Unanimous 37,840 11,140 9,030 $67,210 8.C.l.b. RECOGNIZING APRIL 20-26, 1997 AS "PROFESSIONAL SECRETARIES WEEK" On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the importance of professional secretaries to the American public and private organizations has been recognized by the designation of April 20-26, 1997 as "Professional Secretary Week"; and WHEREAS, secretaries and administrative specialists have increased their contributions in recent years by mastering computer software and taking on management duties; and WHEREAS, persons who serve Chesterfield County in these job classifications must meet high standards of performance through a combination of effective interpersonal abilities and technical clerical skills, responsive and courteous service to citizens and fellow employees, and knowledge and application of numerous County and departmental policies and procedures; and WHEREAS, the Administration wishes to express its appreciation to all County secretaries for their dedication to excellence in public service and for their contributions to the County team. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of April 20-26, 1997 as "Professional Secretaries Week" and April 23, 1997 as "Professional Secretaries Day" throughout Chesterfield County. AND, BE IT FURTHER RESOLVED, that the citizens of Chesterfield County are invited to join with Professional Secretaries International, originator and sponsor of the Week and Day, as they acknowledge the vital contributions of secretaries in offices everywhere. Vote: Unanimous 8.C.l.d. REQUESTING THE VIRGINIA HIGHWAY AND TRANSPORTATION DEPARTMENT TO ALLOCATE RECREATIONAL ACCESS FUNDS AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE PHASE II CLOVER HILL SPORTS COMPLEX ACCESS ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the development of Clover Hill Sports Complex Phase II is owned and is to be developed by the County of Chesterfield as a recreational facility serving the residents of Chesterfield County and adjoining counties; and 97-289 4/23/97 WHEREAS, the facility is in need of adequate access; and WHEREAS, the right-of-way of the proposed access is provided by the County of Chesterfield at no cost to the State; and WHEREAS, the procedures governing the allocation of recreational access funds as set forth in Section 33-136.3 Code of Virginia 1966, as amended, requires joint action by the Director of Conservation and Historic Resources and the Highway and Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access roads to publicly-owned recreational areas; and WHEREAS, the Board of Supervisors of Chesterfield County has duly adopted a zoning ordinance pursuant to Article 8 (Section 15.1-486 et seq.), Chapter 11, title 15.1; and WHEREAS, it appears to the Board that all requirements of the law have been met to permit the Director of the Department of Conservation and Recreation to designate Clover Hill Sports Complex recreational facility and further permit the Virginia Highway and Transportation Board to provide funds for access to this public recreation area in accordance with Section 33-136.3, Code of Virginia, 1966, as amended; and WHEREAS, the Board acknowledges that pursuant to the provisions of Section 33.1-233, as amended, this road shall be designated a "Virginia Byway" and recommends the State Highway and Transportation Board, in cooperation with the Director of Conservation and Historic Resources, take the appropriate action to implement this designation. Further, the Board agrees, that in keeping with the intent of Section 33.1-63, to use its good offices to reasonably protect the aesthetic or cultural value of this road. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County hereby requests the Director of Conservation and Historic Resources to designate the Clover Hill Sports Complex Phase II as a public recreation area and to recommend to the State Highway and Transportation Board that recreational access funds be allocated for an access road to serve said athletic facility. AND, BE IT FURTHER RESOLVED, that the Virginia Highway and Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. Vote: Unanimous (It is noted this adoption included an appropriation of up to $250,000 in anticipated State Recreational Access Funds.) 8.C.l.f. RECOGNIZING MRS. DORIS R. DEHART UPON HER RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Mrs. Doris R. DeHart has faithfully served Chesterfield County for fourteen years, most recently as Assistant County Administrator for Intergovernmental Relations; and 97-290 4/23/97 WHEREAS, Mrs. DeHart has been extremely effective in working with the Governor's office, Chesterfield's Legislative Delegation, State Legislature, other elected representatives, officials from other localities, the Board of Supervisors, County Administration, and other staff members regarding legislative matters that impact Chesterfield County and its citizens; and WHEREAS, Mrs. DeHart has served as the foundation of two- way communication between the County and State and through her work, over the years, has protected the interests of Chesterfield County and its residents and provided them a voice in State legislation; and WHEREAS, Mrs. DeHart has shown tremendous knowledge of the State Legislature and its pending and existing legislation and the ability to relate the impact of pending legislation on the County and its programs; and WHEREAS, because of Mrs. DeHart's considerable contacts, she has been influential in bringing key elected and appointed officials to the County for various events and programs; and WHEREAS, Mrs. DeHart brought extensive knowledge and experience to Chesterfield County from her prior public service with the Commonwealth of Virginia, where she was a Governor's appointee on numerous boards and commissions; and WHEREAS, by providing quality public service, Mrs. DeHart has symbolized the type of employee Chesterfield County seeks -- a representative of excellence in a public official and respected and admired by all for her tremendous talents and contributions; and WHEREAS, on a personal level, Mrs. DeHart is the embodiment of an accomplished professional and gentlewoman. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors publicly recognizes Mrs. Doris R. DeHart for her outstanding contributions, expresses the appreciation of all residents for her service to the County, and extends their appreciation for her dedicated service to the County, their congratulations upon her retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. DeHart and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous 8.C.2. TRANSFER OF FUNDS FOR THE CENTER POINTE FIRE STATION PROJECT AND APPROVAL OF CONSTRUCTION CHANGE DIRECTIVE NUMBER SIX WITH WOOLFOLK CONSTRUCTION COMPANY On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $150,000, from the FY97 Reserve for Capital Projects and approved Construction Change Directive Number 6, a credit in the amount of $41,703.10, for completion of Center Pointe Fire Station Number 16. ~Vote: Unanimous 97-291 4/23/97 8.C.3. TRANSFER OF FUNDS FOR CONSULTANT SERVICES AS PART OF THE ROUTE 288 NORTH CORRIDOR PLAN On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $65,000, from the FY97 Reserve for Capital projects, for a consultant to assist with the transportation element of the proposed Route 288 North Corridor Plan and authorized staff to proceed with the study. Vote: Unanimous 8.C.4. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in the remainder of Meadowbrook, Section B, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in the remainder of Meadowbrook, Section B, Dale District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the road in the remainder of Meadowbrook, Section B, Dale District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Bonnie Brae Court Length: 0.06 mile From: Bonnie Brae Road, State Route 2320, 0.21 mile northeast of Edinger Road, State Route 2345 To: End of cul-de-sac Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. Bonnie Brae Court was not accepted into the State System with Meadowbrook, Section B, in 1960. Therefore, we are requesting that the maintenance fee and bond be waived. Also, by virtue of this road providing a public service, it may be added to the System as an addition under Section 33.1-229 of the Code of Virginia. This road serves 7 lots. This section of Meadowbrook is recorded as follows: Section B, Plat Book 12, Pages 9, 10, and 11, May 24, 1960. Vote: Unanimous 97-292 4/23/97 This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Woodland Pond Section 9 Matoaca District, and ' ' Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Woodland Pond, Section 9, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Woodland Pond, Section 9, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Egret Lane From: Cul-de-sac, 0.43 mile northwest of Waterfowl Flyway, State Route 3671 To: Waterfowl Flyway, State Route 3671, 0.12 mile south of Gadwell Terrace, State Route 3678 Guaranteed Right-of-Way Width: 50 feet. Length: 0.43 mile Name of Street: Egret Court From: Cul-de-sac, 0.23 mile southwest of Egret Lane To: Egret Lane, 0.15 mile west of Waterfowl Flyway, State Route 3671 Guaranteed Right-of-Way Width: 50 feet. Length: 0.23 mile This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 40 lots. This section of Woodland Pond is recorded as follows: Section 9, Plat Book 86, Pages 90, 91, and 92, January 20, 1995. Vote: Unanimous 8.C.5. SET DATE FOR PUBLIC HEARING TO CONSIDER APPLICATION.OF ICI POLYESTER FOR A PERMIT TO OPERATE ITS EMERGENCY RESPONSE TEAM IN THE COUNTY On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of May 14, 1997 at 7:00 p.m. for a public hearing to consider application of ICI Polyester for a permit to operate its Emergency Response Team in Chesterfield County. Vote: Unanimous 4/23/97 97-293 8.C.6. REQUEST FOR PERMISSION 8.C.6.a. FROM DAYTON HUDSON CORPORATION TO CONSTRUCT AN EIGHT INCH WATER LINE AND TWO PLUMBING LINES FROM WATER METERS WITHIN PROPOSED SIXTEEN FOOT WATER AND SEWER EASEMENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Dayton Hudson Corporation to construct a private eight inch water line and two plumbing lines from water meters within proposed sixteen foot water and sewer easements, 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.) Vote: Unanimous 8.C.6.b. FROM SIKH ASSOCIATION OF CENTRAL VIRGINIAt INCORPORATED TO CONSTRUCT AN ASPHALT DRIVEWAY AND CONCRETE CURB AND GUTTER WITHIN AN UNIMPROVED RIGHT- OF-WAY KNOWN AS MARTY BOULEVARD On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Sikh Association of Central Virginia, Incorporated to construct an asphalt driveway and concrete curb and gutter within an unimproved right-of-way known as Marty Boulevard, 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.) Vote: Unanimous 8.C.6.c. FROM RIVER RIDGE HOMEOWNERS ASSOCIATION TO CONSTRUCT BRICK AND BLOCK ENTRANCE SIGNS, COLUMNS, AND FENCES WITHIN TWO FIFTY FOOT SIGN EASEMENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from River Ridge Homeowners Association to construct brick and block entrance signs, columns, and fences within two fifty foot sign easements, subject to the execution of a licenese agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanimous 8.C.7. CONVEYANCE OF AN EASEMENT WITH BELL ATLANTIC-VIRGINIAt INCORPORATED TO INSTALL AN ELECTRONIC CABINET TO HOUS~ TELEPHONE CABLES AT FALLING CREEK ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated to install an electronic cabinet to house telephone cables at Falling Creek Elementary School to serve the surrounding area. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 97-294 4/23/97 8.C.8. AUTHORIZATION TO SUBMIT AN ECONOMIC DEVELOPMENT GRANT APPLICATION TO THE DEPARTMENT OF REHABILITATIVE SERVICES, APPROPRIATION OF FUNDS AND CONTRACT SALES REVENUES, AND INCREASE MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE DEPARTMENT EXPENDITURE APPROPRIATIONS On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the submission of an Economic Development Grant Application to the Department of Rehabilitative Services, in the amount of $57,900; appropriated $26,500 in Department of Rehabilitative Services funding and $31,400 in contract sales revenue; and increased Mental Health/Mental Retardation/ Substance Abuse Department expenditure appropriation by $57,900 for Fiscal Year 1998. Vote: Unanimous 8.C.9. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE AN ADDENDUM TO THE WOOD WASTE PROCESSING SERVICE CONTRACT AND SPECIAL PROJECT SERVICE AGREEMENT BETWEEN CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY AND SIMONS HAULING, INCORPORATED On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute an addendum to the Wood Waste Processing Service Contract and Special Project Service Agreement between the Central Virginia Waste Management Authority and Simons Hauling, Incorporated. Vote: Unanimous 8.C.10. AMENDMENT TO BOARD MINUTES OF FEBRUARY 12, 1997 On motion of Mr. McHale, seconded by Mr. Barber, the Board amended the minutes of February 12, 1997 as follows: FROM: "AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to PHOENIX UNION L.L.C., a Virginia Limited Liability Company, and EXXON CORPORATION, a New Jersey Corporation, ("GRANTEE"), portions of Blocks A and B, and portions of Kenton Drive and Gravelbrook Drive within Gravelbrook Farm Subdivision, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 11, at Pages 39 and 40. WHEREAS, R. HUNTER MANSON, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of Block A and B, and portions of Kenton Drive and Gravelbrook Drive, within Gravelbrook Farm Subdivision, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 11, Pages 39 and 40, dated JUNE 18, 1959. The portions of Gravelbrook Farm Subdivision petitioned to be vacated are more fully described as follows: Portions of Blocks A and B, and portions of Kenton Drive and Gravelbrook Drive, within Gravelbrook Farm Subdivision, the location of which is more fully shown on a plat by LEWIS & ASSOCIATES, P.C., dated DECEMBER 6, 1993, a copy of which is attached hereto and made a part of this Ordinance. 4/23/97 97-295 WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the aforesaid portions of Gravelbrook Farm Subdivision, sought to be vacated and the vacation will not abridge the rights of any citizen. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, the aforesaid portions of Gravelbrook Farm Subdivision, be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portions of the rights of way hereby vacated in the adjacent property owners and fee simple title to the lots hereby vacated in the underlying owners, within Gravelbrook Farm Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and PHOENIX UNION L.L.C., a Virginia Limited Liability Company and EXXON CORPORATION, a New Jersey Corporation,, or its successors in title, as GRANTEE. Vote: Unanimous" TO: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to PHOENIX UNION L.L.C., a Virginia Limited Liability Company, EXXON CORPORATION, a New Jersey Corporation, and LINDA K. SEAY, ("GRANTEE"), portions of Blocks A and B, and portions of Kenton Drive and Gravelbrook Drive within Gravelbrook Farm Subdivision, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's office of the Circuit Court of Chesterfield County in Plat Book 11, at Pages 39 and 40. WHEREAS, R. HUNTER MANSON, petitioned the Board of Supervisors of Chesterfield cOunty, Virginia to vacate portions of Block A~and B, and portions of Kenton Drive and Gravelbrook Drive, within Gravelbrook Farm Subdivision, DALE Magisterial District, Chesterfield Countyl, v~rginia more part~C~a~I~6~' on a ~lat of record in the Clerk s Office of the Circuit Court of said County in Plat Book 11, Pages 39 and 40, dated JUNE 18, 1959. The portions of Gravelbrook Farm Subdivision petitioned to be vacated are more fully described as follows: Portions of Blocks A and B, and portions of Kenton Drive and Gravelbrook Drive, within Gravelbrook Farm Subdivision, the location of which is more fully shown on a plat by LEWIS & ASSOCIATES, P.C., dated DECEMBER 6, 1993, a copy of which is attached hereto and made a part of this Ordinance. 4/23/97 97-296 WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virqinia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the aforesaid portions of Gravelbrook Farm Subdivision, sought to be vacated and the vacation will not abridge the rights of any citizen. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virqinia, 1950, as amended, the aforesaid portions of Gravelbrook Farm Subdivision, be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virqin~ia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portions of the rights of way hereby vacated in the adjacent property owners and fee simple title to the lots hereby vacated in the underlying owners, within Gravelbrook Farm Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and PHOENIX UNION L.L.C., a Virginia Limited Liability Company, EXXON CORPORATION, a New Jersey Corporation, and LINDA K. SEAY, or their successors in title, as GRANTEE. Vote: Unanimous" Vote: Unanimous 8.C.11. APPROPRIATION OF FUNDS FROM SALE OF SURPLUS FIRE APPARATUS On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $28,000 from the sale of surplus fire apparatus for the purchase of vehicles for the Chesterfield County Fire Department. Vote: Unanimous 8.C.12. APPROVAL OF SALE OF PROPERTY IN THE AIRPORT INDUSTRIAL PARK TO SOUTHERN INVESTMENT PROPERTIES On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the sale of a 2.36 acre parcel of land in the Airport Industrial Park to Southern Investment Properties, L.L.C., Assignee of Coghill Composition Company, at a cost of $46,906.78 per acre. Vote: Unanimous 97-297 4/23/97 8.C.13. APPROPRIATION OF STATE MENTAL HEALTH/MENT~T. RETARDATION/SUBSTANCE ABUSE EXPENDITURES FOR TECHNOLOGY UPGRADES On motion of Mr. McHale, seconded by Mr. Barber, the Board approved FY97/98 Budget revisions for the Chesterfield Community Services Board to include appropriating $462,000 in additional fee and other revenue; increasing Mental Health/Mental Retardation/Substance Abuse Department expenditures by $462,000; and approving the establishment of two full-time positions. Vote: Unanimous 8.C.14. CONVEYANCE OF AN EASEMENT WITH BELL ATLANTIC-VIRGINIAt INCORPORATED TO INSTALL UNDERGROUND TELEPHONE CABLE ALONG ALLIED ROAD TO PROVIDE TELECOMMUNICATION SERVICE TO THE CHESTERFIELD COUNTY PUBLIC SAFETY COMPLEX On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated for a ten foot easement to install underground telephone cable along Allied Road to provide telecommunication service to the Chesterfield County Public Safety Complex. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanimous 8.C.15. TRANSFER OF THREE CENT ROAD FUNDS 8.C.15.a. BERMUDA DISTRICT TO PURCHASE CHESTER FORUM TICKETS FOR COUNTY STUDENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $1,000 from the Bermuda District Three Cent Road Fund to purchase Chester Forum tickets for Chesterfield COunty students. Vote: Unanimous 8.C.15.b. BERMUDA DISTRICT TO DEFRAY COSTS FOR THOMAS DALE HIGH SCHOOL'S 1997 GRADUATION PARTY On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $1,000 from the Bermuda District Three Cent Road Fund to the School Board to be used for the Thomas Dale High School Class of 1997 Graduation Party. Vote: Unanimous 8.C.15.c. EACH OF THE FIVE MAGISTERIAL DISTRICTS FOR A POST-PROM PARTY AT THE GOVERNOR'S SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $100 from each of the five Magisterial Districts for a post-prom party at the Governor's School. Vote: Unanimous 97-298 4/23/97 8.C.l.C. SUPPORTING THE PARTNERS IN PREVENTION INITIATIVE Mr. Barber stated that he feels this is an opportunity to make the community more healthy. He further stated that the State and federal government are looking to join partners with local government in addressing the concern of out of wedlock births. He stated that County staff is addressing the issue of how the County could jointly attempt to draw funds from State and federal funds that are available and apply those funds in Chesterfield County to address this need. He requested that as the County addresses this issue, he would be allowed to act as the liaison to the two County Departments that will be addressing this issue. Mr. Warren expressed appreciation to Mr. Barber for his interest in this issue, designated Mr. Barber as the liaison, as the issue of out of wedlock births are being addressed, and requested him to report back to the Board in the future regarding this issue. On motion of Mr. Barber, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the federal government has allocated $100 million in each of federal fiscal years 1999 through 2002 to be divided among the five States that have most reduced out of wedlock births in the previous two years without an increase in the abortion rate; and WHEREAS, the Commonwealth of Virginia has become the first State in the nation to announce its candidacy for one of these federal awards by supply incentives to local governments, service agencies, religious institutions, non-profit organizations and citizens to develop local solutions to the out-of-wedlock birth problem; and WHEREAS, the Commonwealth of Virginia will provide technical and other forms of start-up assistance to any Virginia localities that officially partner with the State in competition for the federal award and the State proposes to distribute any federal award Virginia.receives directly to its Partners in Prevention; and WHEREAS, twenty-three percent of the births in Chesterfield County in 1995 were out of wedlock and the success of projects addressing this issue have the potential to positively impact poverty, crime, poor health, and other societal concerns; and WHEREAS, a locality becomes a Partner in Prevention by adopting a formal resolution of participation in the initiative and by submitting a plan, reflecting whole community input, to reduce out-of-wedlock births locally; and WHEREAS, the County of Chesterfield wishes to join other localities in the Commonwealth in this important community objective. NOW, THEREFORE BE IT RESOLVED, that the County of Chesterfield is authorized by this body to become a Partner in prevention with the Commonwealth of Virginia and hereby requests that the Health Department and the Department of Social Services provide leadership for this vital initiative. Vote: Unanimous 4/23/97 97-299 8.C.l.e. ESTABLISHING A POWHITE PARKWAY TOLL ADVISORY COMMITTEE AND TRANSFER OF FUNDS Mr. Warren stated that this item has originated because of the RMA meeting that was recently held regarding a toll increase. He further stated that the purpose of this paper is to establish a citizens committee to investigate financial alternatives, rather than a toll increase, for improving traffic flow on the Powhite Parkway. He noted that Mr. Barber has requested that a representative from a Midlothian District civic association be included as part of this committee. Mr. Warren stated that he would like input from each of the members of the Board of Supervisor regarding this issue, specifically, those whose District would be impacted by this item. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board transferred $50,000 from the Industrial Access Account (with the understanding the Account will be reimbursed from the FY98 General Road Improvements Account) for the study of alternatives to reducing congestion at the Powhite Parkway toll plaza without increasing tolls and adopted the following resolution: WHEREAS, the Richmond Metropolitan Authority (RMA) operates the Powhite Parkway and Downtown Expressway Toll Roads; and WHEREAS, the Virginia Department of Transportation (VDOT) operates the Powhite Parkway Extension Toll Road; and WHEREAS, congestion occurs routinely at the Powhite Parkway RMA Toll Plaza; and WHEREAS, a proposal to install electronic toll collection equipment (ETC) on the RMA toll roads is under consideration by the RMA Board; and WHEREAS, the proposal also includes an increase in the toll on the RMA toll roads; and WHEREAS, the Chesterfield County Board of Supervisors does not support an increase in the toll on the RMA or VDOT toll roads. NOW, THEREFORE BE IT RESOLVED, that a Powhite Parkway Toll Advisory Committee is hereby established and shall be appointed by the Chairman of the Board of Supervisors. AND, BE IT FURTHER RESOLVED, that the Committee shall consist of a citizen subcommittee to consider alternatives which will reduce congestion at the Powhite Parkway RMA Toll Plaza and which can be implemented without an increase in the existing toll and a Legislative Subcommittee to examine and make recommendations on legislative matters associated with toll collections. AND, BE IT FURTHER RESOLVED, that the Subcommittee shall consist of the following members: citizen 1 representative of the Brandermill Community Association 1 representative of the Woodlake Community Association 1 representative of VDOT 1 representative of RMA 2 representatives from County staff citizens at-large 97-300 4/23/97 AND, BE IT FURTHER RESOLVED, that the Legislative Subcommittee shall consist of the following members: 1 member of the House of Delegates 1 member of the Senate 2 members of the Board of Supervisors 1 representative of County staff AND, BE IT FURTHER RESOLVED, that the Committee is directed to submit its report to the Board of Supervisors within five months. Vote: Unanimous 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of citizens on Unscheduled Matters or Claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: ADDiTiONS LENGTH MINEOLA, SECTION E - (Effective 3-20-97) Route 3539 (Medora Place) - From 0.14 mile West Route 3536 to 0.03 mile Southwest Route 3536 MOUNT BLANCO, SECTION 13 - (Effective 3-25-97) Route 2499 (Vogt Avenue) - From 0.17 mile North Route 2498 to 0.19 mile North Route 2498 ROCKHAVEN, SECTION 1 - (Effective 3-26-97) Route 4884 (Greyledge Boulevard) - From 0.55 mile West Route 828 to Route 828 Route 4889 (Greyledge Court) - From Route 4884 to 0.05 mile North Route 4884 Route 4888 (Greyledge Place) - From Route 4884 to 0.05 mile North Route 4884 Route 4887 (Greyledge Terrace) - From Route 4884 to 0.05 mile North Route 4884 Route 4885 (Rock Harvest Court)- From Route 4884 to 0.04 mile North Route 4884 Route 4886 (Rockhaven Court) - From 0.15 mile Northwest Route 4867 to Route 4867 0.11 Mi 0.02 Mi O.55 Mi O.05 Mi 0.05 Mi 0.05 Mi 0.04 Mi 0.15 Mi 97-301 4/23/97 Route 4867 (Rockhaven Drive) - From Route 4886 to 0.07 mile South Route 4864 Vote: Unanimous 0.17 Mi 11. DINNER On motion of Mr. McHale, seconded by Mr. Warren, the Board recessed to the Administration Building, Room 502, for a dinner meeting with the District Volunteer Fire Chiefs. Mr. Warren welcomed everyone to the meeting and introductions were made of those present. Chief Dolezal briefly discussed the emergency services system and how the volunteers were an integral part of that system and and expressed appreciation for their support and efforts during the past year. There was brief discussion relative to the importance of the volunteer system; how well the County and volunteer personnel work together; and how rewarding and beneficial the relationship between the County and volunteer personnel was to the citizens of Chesterfield County. Cheif Dolezal introduced Les Lauziere, Assistant Distict Chief for the Midlothian Volunteer Fire Department. Mr. Lauziere reviewed issues and requests including funding for fifty pagers to complete the upgrade of the volunteer alerting systems; funding for a comprehensive EMS system review to preserve the volunteers in Chesterfield, provide the best level of services, and identify funding alternatives to provide emergency medical services; funding for critical repairs to fire and rescue station; and funding for preventive maintenance for Self Contained Breathing Apparatus (SCBA). Chief Dolezal expressed appreciation to the Board of Supervisors and Mr. Ramsey for meeting with the Volunteer Fire Department District Chiefs for an annual meeting. It was generally agreed to adjourn to the regularly scheduled Board of Supervisors meeting. Reconvening: 12. INVOCATION Reverend Carl Cosslett, of Trinity United Methodist Church gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Thomas Jacobson led the Pledge.of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Resolutions and Special Recognitions. 97-302 4/23/97 PUBLIC HE~RINGS TO CONSIDER AN ORDINANCE TO ~MEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS ~ENDED, BY ~ENDING SECTION 2-45 RELATING TO COMPETITIVE PURCHASING GE~RALLY; EXCEPTION~ Mr. Ramsey stated this date and time has been advertised for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending Section 2-45 relating to competitive purchasing generally; exceptions. No one came forward to speak in favor of or against this ordinance. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTION 2-45 RELATING TO COMPETITIVE PURCHASING GENERALLY; EXCEPTIONS BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That Section 2-45 of the Code of the County of Chesterfield, 1997, as amended, is amended to read as follows: Sec. 2-45. Competitive purchasinq qenerally; exceptions. Ail county contracts with nongovernmental contractors for the purchase or lease of goods, for the purchase of services, or for the sale of obsolete or unusable goods, shall be awarded only after competitive sealed bidding or competitive negotiation as provided in this article; provided, however, competitive sealed bidding or competitive negotiation shall not be required: (a) Upon the purchasing director's written determination that only one (1) source is practicably available for the goods or services to be purchased, and such writing documents the basis for the determination; .(b) Upon the purchasing director's written determination that an emergency exists, and such writing documents the basis for the emergency and for the selection of the particular contractor; (c) If the'contract price is not expected to exceed (i) for professional services, twenty thousand dollars ($20,000.00),~ (ii) for other single or term contracts the aggregate or sum of all phases of which is not expected to exceed thirty thousand dollars ($30,000.00); and the department procuring the goods or services complies with alternate purchasing procedures established in writing by the county purchasing director; (d) If the contract is for (i) legal services, (ii) expert witnesses or other services associated with litigation, regulatory or administrative proceedings or (iii) legal services provided to the county school board pursuant to Code of Virginia, section 22.1-82; (e) In the case of the sale of obsolete or unusable goods, if the county purchasing director makes a written determination that it is more advantageous to the county to sell the goods at public auction, and if the goods are so sold. Notwithstanding the above, purchases of goods and services shall be made with such competition as is practicable, as determined by the county purchasing director. 97-303 4/23/97 (2) That this ordinance immediately upon adoption. Vote: Unanimous shall become effective 16. REQUESTS FOR MOBILE HOME PERMITS AND REZONINC 97SR0182 In Bermuda Magisterial District, SHELLEY MINSON PAYNE requests renewal of Mobile Home Permit 89SN0126 to park a mobile home in a Residential (R-7) District. The density of this proposal is approximately 2.9 units per acre. The Comprehensive Plan designates the property for residential use of 2.51 - 4.0 units per acre. This property fronts the southwest line of Meridian Avenue, at Center Street and is better known as 15902 Meridian Avenue. GPIN 796-635-3600 (Sheet 41). Mr. Jacobson presented a summary of Case 97SR0182 and stated that staff and the Planning Commission recommend approval for seven years, subject to the seven conditions. He noted the home is located in an area designated by the Southern and Western Area Land Use Plan. Mr. Aubrey Minson and Ms. Shelley Minson Payne stated the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Case 97SR0182, 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 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. 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. Vote: Unanimous 96SN0290 In' Matoaca Magisterial District, HAROLD V. GROOME, JR. requested amendment to Conditional Use Planned Development (Case 87S096) to delete the 30% limitation on residential uses on this tract only. Residential use of varying types and densities as permitted through previous conditions of zoning for Woodlake is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The 4/23/97 97-304 Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies in a Corporate Office (0-2) District on 5.4 acres fronting approximately 526 feet on the south line of Village Square Parkway, approximately 876 feet west of Woodlake Village Parkway. Tax Map 74-4 (1) Parcel 6 (Sheet 19). Mr. Jacobson presented a summary of Case 96SN0290 and stated that staff and the Planning Commission recommend approval subject to one condition and acceptance of the proffered conditions. He noted the request conforms to the Upper Swift Creek Plan. Mr. Harold V. Groome, Jr. stated the recommendation is acceptable. There was no opposition present. Mrs. Humphrey expressed appreciation to Mr. Groome for his efforts in working with area residents regarding this request. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 96SN0290, subject to the following condition: A fifty (50) foot buffer shall be maintained along the southern property boundary. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers, Sections 19-520, 19-521 (a), (b), (e) and (h) and 19-522 (a) (2). (P) And, further, conditions: the Board accepted the following proffered Except for timbering approved by the Virginia State Department of Forestry for the purpose of removal of 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. The developer shall be responsible for construction of Village Square Parkway as a two-lane roadway from the Hickory Grove Drive/Manor Gate Drive intersection to the western boundary of Woodlake; a distance of approximately 190 feet. Prior to issuance of an occupancy permit, this improvement shall be constructed or committed as determined by the Transportation Department. Vote: Unanimous 97SN0151 In Clover Hill Magisterial District, THE LAKES ON 360, INC. requested rezoning from Residential Townhouse (R-TH) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 7.8 acres fronting approximately 983 feet on the north line of Hull Street Road, approximately 200 feet east of Ashlake Parkwaye Tax Map 75-2 (1) Part of Parcel 32 (Sheet 20). Mr. Jacobson presented a summary of Case 97SN0151 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He noted the request conforms to the Upper Swift Creek Plan. Mr. Scott Stolte, representing the applicant, stated the recommendation i~ acceptable. There was no opposition present. 4/23/97 97-305 On motion of Mr. Warren, seconded by Mr. McHale, the Board approved Case 97SN0151 and accepted the following proffered conditions: The storm water runoff from all impervious areas of the property shall drain through a BMP. The public wastewater system shall be used. Building shall have architectural styles and incorporate materials that are similar and complimentary to the townhouse and commercial projects on Tax Map 75-1(5) Lakepointe and Tax Map 75-2(1) part of Parcel 32. Plans depicting this requirement shall be submitted to the Planning Department for review and approval in conjunction with site plan review. Pedestrian and vehicular access shall be provided to the adjacent R-TH property. At the time of the schematic plan or first site plan review, an overall access plan depicting this requirement shall be submitted to, and approved, by the Transportation and Planning Departments. Uses shall be limited to those permitted in the Neighborhood Office (O-1) District plus a single restaurant, not including a fast food or carry-out restaurant. Development shall be limited to a maximum of 35,000.00 gross square feet. No use shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. Sunday through Thursday and between 12:00 a.m. and 6:00 a.m. Friday and Saturday. Any Restaurant shall not have a separate bar or serving area for the consumption of alcoholic beverages, however, it shall be permissible to have a reception/waiting area in which alcoholic beverages may be served to patrons who are waiting to be seated. Any restaurant shall not exceed 10,000 gross square feet. 10. Prior to site plan approval, one hundred (100) feet of right-of-way on the north side of Route 360, measured from the centerline of that part of Route 360 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. 11. The maximum density of development with access to Duckridge Boulevard shall be 6,400 square feet of medical/dental office or equivalent densities as approved by the Transportation Department. 12. Direct access to Route 360 shall be limited to one (1) entrance/exit located towards the western property line. The exact location of this access shall be approved by the Transportation Department. Prior to site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded to ensure shared use of this access with the adjacent property to the west. 97-306 4/23/97 13. To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following: A) Construction of an additional lane of pavement along westbound lanes of Route 360 for the entire property frontage; B) Construction of additional pavement along the westbound lanes of Route 360 at the approved access to provide a separate right turn lane; and c) Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvement identified above. 14. Prior to site plan approval, a phasing plan for the required road improvement, as identified in Proffered Condition 13 shall be submitted to and approved by the Transportation Department. Vote: Unanimous 97SN0165 (Amended) In Dale Magisterial District, JAMES H. MARTIN, JR. AND A. DALE SMITH requested rezoning from Agricultural (A) to Neighborhood Business (C-2), plus Conditional Use to permit outside public address systems. A drug store/pharmacy is planned. However, with approval of this request, other C-2 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 3.2 acres fronting approximately 367 feet on the east line of Iron Bridge Road, also fronting approximately 161 feet on the north line of Centralia Road and located in the northeast quadrant of the intersection of these roads. Tax Map 96-9 (1) Parcel 8 and Tax Map 95-8 (1) Part of Parcel 19 (Sheet 31) . Mr. Jacobson presented a summary of Case 97SN0165 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He noted the request conforms to the Central Area Land Use Plan. Gloria Frye, Esquire, representing the applicant, stated the recommendation is acceptable and expressed appreciation to County staff and area property owners for their efforts regarding this request. There was no opposition present. Mr. Daniel stated that no one came forward to speak regarding this request and the public hearing on Case 97SN0165 is closed° He requested that action on this Case be deferred until after Case 97SN0160 has been heard as these two cases are tied closely together. 97SN0184 In Clover Hill Magisterial District, HOMESTEAD VILLAGE INCORPORATED requested amendment to Conditional Use Planned Development (Case 85S076) to permit an additional hotel or motel in a Corporate Office (0-2) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 3.8 acres fronting approximately 420 feet on the east line of Arboretum Place, approximately 550 feet north of Arboretum Parkway. Tax Map 28-1 (1) Parcel 33 (Sheet 8). 97-307 4/23/97 Mr. Jacobson presented a summary of Case 97SN0184 and stated that staff and the Planning Commission recommend approval, subject to one condition and acceptance of the proffered conditions. Jim Theobold, Esquire, representing the applicant, stated the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved Case 97SN0184, subject to the following condition: In addition to uses currently permitted on the property, a hotel/motel shall be permitted. (P) (NOTES: A. This condition amends Condition 23 of Case 85S076. Ail other conditions of zoning approval for Case 85S076 remain in affect. The maximum number of rooms permitted for all hotels/motels remains at 300 with approval of this request.) And, further, the Board accepted the following proffered conditions: Public Utilities. The public wastewater system shall be used. Site Plan and Elevations. Any hotel/motel developed on the Property shall be in substantial conformance with the architectural appearance shown on elevations dated January 14, 1996 prepared by visual Environments attached hereto as Exhibit UA" and (ii) the conceptual plan entitled "Preliminary Grading Plan" dated February 24, 1997, prepared by The John R. McAdams Company, Inc. attached hereto as Exhibit "B." Vote: Unanimous 97SN0185 In Clover Hill Magisterial District, RESERVOIR DEVELOPMENT CORPORATION requested rezoning from Agricultural (A) to Residential (R-9). The request property will be included in lots planned for development on adjacent property to the west currently zoned Residential (R-9). Residential use of up to 4.84 units per acre is permitted in a Residential (R-9) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 1.6 acres lying approximately 300 feet off the south line of Genito Road, approximately 1,600 feet west of Cove Ridge Lane. GPIN 721-685-6820 (Sheet 13). Mr. Jacobson presented a summary of Case 97SN0185 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He noted the request conforms to the Upper Swift Creek Plan. Mr. Rick Peters, representing the applicant, stated the recommendation is acceptable. There was no opposition present. Mr. Warren commended County staff and the applicant for their efforts in working together regarding this request, specifically, relating to the agreement reached regarding the phosphorous standard of .22. 97-308 4/23/97 Mr. Warren then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 97SN0185 and accept the following proffered conditions: There shall be no dwelling units constructed on the subject property. The subject property shall be incorporated into the lots created (or to be created) on Parcel 5, Tax Map 47-5 (1) (GIS~ 721-685-6820) immediately adjacent to the subject property. The subject property shall be bound by the same terms and conditions contained in Zoning Case No. 88S008 as amended by Zoning Case No. 95SN0307. Vote: Unanimous 97SN0187 In Midlothian Magisterial District, SANCTUARIES INC. requested Conditional Use to permit a greenhouse and nursery with outside storage of plants and accessory materials. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies in a Neighborhood Business (C-2) District on 0.43 acre parcel known as 16300 Midlothian Turnpike. GPIN 711-709-Part of Parcel 6273 (Sheet 6). Mr. Jacobson presented a summary of Case 97SN0187 and stated that staff and the Planning Commission recommend approval, subject to one condition. Ms. Claudia Swanson, representing the applicant, stated the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 97SN0187, subject to the following condition: Any improvements to accommodate greenhouse and nursery use to include the design and location of outside storage and display shall conform to the requirements of the Zoning Ordinance for sites that have received landmark designation. (P) (NOTE: This will require that the Committee approve plans for this use.) Preservation Vote: Unanimous 97SN0194 In Bermuda Magisterial District, ROBERT C. SCHRUM, JR. requested amendment to a condition of zoning (Case 96SN0281) to permit the entrance/exit for bay doors to be located generally perpendicular to Iron Bridge Road, when located at least 250 feet from Iron Bridge Road. The density of such amendment will be controlled by zoning conditions or Ordinance standards· The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies in Corporate Office (O- 2) and Community Business (C-3) Districts on 9.82 acres fronting approximately 500 feet on the east line of Iron Bridge Road, approximately 350 feet south of Old Iron Bridge Road. GPIN 774-657-1191, 4962, 7674 and 8086 and 774-658-0902 (Sheet 31) . Mr. Jacobson presented a summary of Case 97SN0194 and stated that staff and the Planning Commission recommend approval and acceptance of one proffered condition. 4/23/97 97-309 · recommendation is acceptable. Mr. Robert Schrum, Jr stated the ' ~ There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 97SN0194 and accepted the following proffered condition: The entrance/exit to any bay doors associated with any motor vehicle repair business shall be generally parallel to Route 10 unless such motor vehicle repair business is located at least 250 feet from the ultimate right of way of Route 10. Vote: Unanimous 97SN0195 In Midlothian Magisterial District, BELLGRADE DEVELOPMENT CO., L. P. requested amendment to Conditional Use Planned Development (Case 88SN0202) to permit commercial indoor/outdoor recreational uses in a Corporate office (0-2) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards· The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 1.6 acres fronting approximately 20 feet on the east line of Promenade Parkway, approximately 500 feet south of Polo Parkway. GPIN 740-716-Part of Parcel 9543 (Sheets 2 and 3). Mr. Jacobson presented a summary of Case 97SN0195 and stated that staff and the Planning Commission recommend approval, subject to the conditions. Mr. Doug Woolfolk, representing the applicant, stated the recommendation is acceptable. There was no opposition present· On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 97SN0195, subject to the following conditions: 1. Indoor/outdoor recreational uses shall be limited to an indoor rock climbing structure as well as indoor and outdoor rope climbing structures and, as accessory to these facilities, indoor cardiovascular equipment. (P) (NOTES: a. This condition amends Textual Statement 5.5.E Restrictions 3. and Condition 24 of Case 88SN0202 relative to commercial indoor/outdoor recreational uses for the request property only. b. Ail other conditions of zoning approval for Case 88SN0202 remain in effect.) 2. Ail outdoor equipment shall be maintained in good repair. At such time that outdoor facilities cease to be open to the public for a period exceeding six (6) consecutive months, the owner/operator shall dismantle and remove all outdoor equipment. (P) Vote: Unanimous 97SN0204 In Bermuda Magisterial District, LIBERTY PROPERTY DEVELOPMENT CORP. requested a Conditional Use to permit landscaping, berming and buffering. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for 4/23/97 97-310 residential use of 1.51 to 4.0 units per acre. This request lies in an Agricultural (A) District on 8.5 acres lying approximately 290 feet off the south line of Meadowville Road, measured from a point approximately 700 feet west of North Kingston Avenue. GPIN 818-654-Part of Parcel 1131 (Sheet 33). Mr. Jacobson presented a summary of Case 97SN0204 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. Ms. Gloria Frye, representing the applicant, stated the recommendation is acceptable. There was no opposition present. Mr. McHale stated that the applicant has worked diligently with area neighbors regarding their concerns and to ensure they will be good neighbors. He further stated that this development will make the County very competitive in bringing businesses to this area. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 97SN0204 and accept the following proffered conditions: The Property owners (the "Owners") and Developer (the "Developer") in this conditional use case, pursuant to Section 15.1-491.2:1 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of Tax Map 118-6 (1) part of Parcel 14 (the UProperty") under consideration will be developed according to the following conditions if, and only if, the conditional use request is granted with only those conditions agreed to by the Owners and Developer. In the event the conditional use request is denied or approved with conditions not agreed to by the Owners or Developer, the conditions shall immediately be null and void and of no further force or effect. ENVIRONMENTAL ENGINEERING Prior to the issuance of land disturbance permits, the Environmental Engineering Department shall be provided with copies of correspondence from applicable State and Federal agencies in order that it may be confirmed that all permits regarding wetlands have been received. A qualified wetlands expert can certify that notification of applicable State and Federal agencies is not required. Bo The Property shall be designed to meet a peak discharge less than or equal to the corresponding pre-development peak discharge for the 2, 10 and 100 year/24 hour duration storm event. o USE RESTRICTIONS The sole uses of the Property shall be berms, landscaping and other buffering features as shown on the attached Master Plan. The Master Plan titled "River's Bend Master Plan" prepared for Liberty Property Development Corp. prepared by McKinney and Company, dated March 18, 1997, and attached as Exhibit B shall be considered the Master Plan for the Property. 97-311 4/23/97 BUFFERS A 100 foot buffer shall be provided adjacent to the residential lots located along the boundary of the Property adjacent to Tax Map 118-6 (1) Parcels 2 and 3 and adjacent to Tax Map 118-10 (9) Lots 5 and 6 as shown on the Master Plan. The only permitted uses in the buffer shall be landscaping, signs, fencing and utilities which run generally perpendicular through the buffer. Landscaping within the buffer shall conform to the requirements of the Ordinance for a 50 foot buffer. SEVERANCE The unenforceability, illegality, elimination, revision or amendment of any condition set forth herein, in whole or in part, shall not affect the validity or enforceability of the other conditions or the unaffected part of any such condition· Vote: Unanimous 96SN0228 In Clover Hill Magisterial District, DEVELOPMENT OPTIONS, INC. ~tND BONEY WILSON & SONS, INC. requested rezoning from Agricultural (A) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies on 17.5 acres fronting approximately 1,150 feet on the northeast line of Hicks Road, also fronting approximately 75 feet on the north line of Hull Street Road and located in the northeast quadrant of the intersection of these roads. Tax Map 39-11 (1) Parcels 30, 31, 32 and 35 and Parts of Parcels 33 and 34 (Sheet 14). Mr. Jacobson presented a summary of Case 96SN0228 and stated that the Planning Commission recommends approval and acceptance of the proffered conditions. He noted that staff had recommended approval subject to the applicant proffering the typical cross access condition. He noted the request conforms to the Route 360 Corridor Plan. John Cogbill, Esquire, representing the applicant, stated that this request has been in the works for approximately two years and displayed a copy of the design of the development and an overlay of the development plan. He further stated that the only issue remaining to be addressed is the cross access and noted that the applicants are willing to provide this access. He stated that the applicants are willing to pay 100 percent of the cost for many transportation and utility improves, but were not willing to dedicate the cross access easement until they know the location of the entrance that would come onto the property from Route 360 or the exact uses on the adjoining property. He further stated that the applicants have asked to provide the cross access once they knew more details about the adjacent development. He stated that the Planning Commission unanimously voted to approve this request and entered and read into the record a letter from Hr. Alan Barnes, Chairman of the 360 Corridor Committee, expressing his support of the request. He stated that the recommendation is acceptable and requested the Board's favorable consideration of the request. There was no opposition present. 97-312 4/23/97 Mr. Warren expressed appreciation to the applicant and to Mr. Cogbill for their efforts in this development process. He stated that he was instrumental in helping to organize the 360 Corridor Committee and attended many of their meetings. He further stated that he attended the Bexley annual meeting at which time the citizens showed their support of this concept. He stated the Planning Commission has done an excellent job in addressing the issues surrounding this request. Mr. Warren then made a motion, seconded by Mr. Daniel, for the Board to approve Case 97SN0228 and accept the proffered conditions. Mr. Daniel stated that this request is a great demonstration of people in government and the business community working together. He further stated that this request does have a shared cross access requirement that will also be discussed in some later zoning requests. When asked, Mr. McCracken stated that the only difference between the acceptable language in the Proffered Conditions and the standard language in which County staff is requesting is the applicants proffer will not provide the easement until an adjacent property owner agrees to reciprocate on their property. Mr. Warren stated that Proffered Condition #12 addresses the issues that cannot be fully addressed at this time. There was brief discussion relative to the process determining the location of the cross access. in Mrs. Humphrey welcomed Hannafords to Chesterfield County. Mr. Warren called for the vote on the motion made by him, seconded by Mr. Daniel, for the Board to approve Case 97SN0228 and accepted the following proffered conditions: The property owners and applicant (the "Developer") in this rezoning case, pursuant to §15.1-491.2:1 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Map Parcels 39-11-(1)-30, 39-11-(1)-33 part, 39-11-(1)-34 part, 39-11-(1)-35, 39-11-(1)-32, and 39-11- (1)-31 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for C-3 is granted. In the event the rezoning request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the rezoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. The application contains two exhibits described as follows: Exhibit A - Site Plan entitled "Hannaford Food & Drug Superstore, Hull Street Road: Issued for Rezoning" as prepared by VHB dated November 28, 1995 and last revised March 7, 1997. Exhibit B - Elevations titled "Proposed Building Facade, Hannaford Supermarket and Retail Shops, Hicks Road, Chesterfield County, Virginia." Public water and wastewater systems shall be used. 97-313 4/23/97 Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. Any facilities required for water quantity or quality control located within any setbacks along public rights- of-way shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to and amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. Prior to any site plan approval, a sixty (60) foot wide right-of-way for the Collector Road, from Hicks Road to the northern Property line, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The location of the Collector Road shall be generally as shown on Exhibit A, subject to minor adjustments as necessary to meet VDOT road design standards as approved by the County Transportation Department. No direct access shall be provided from the Property to Route 360. Direct access from the Property to Hicks Road shall be limited to one (1) entrance/exit located approximately midway between Route 360 and the Lockhart Road intersection. This access shall be limited to right turns in and right turns out only. The exact location and design of this access shall be approved by the County Transportation Department. To provide an adequate roadway system at time of complete development, the Developer shall be responsible for the following. If any of the improvements are provided by others then the specific requirement shall be deemed satisfied. Construction of two (2) lanes of the Collector Road from Hicks Road to the northern Property line; Construction of a four (4) lane typical section [i.e., one (1) northbound lane and three (3) southbound lanes] for the Collector Road at its intersection with Hicks Road; Construction of additional pavement along Hicks Road at the Collector Road intersection to provide left and right turns; Construction of additional pavement along Hicks Road at the approved direct access to provide a right turn lane; Full cost of traffic signalization at the Collector Road/Lockhart Road/Hicks Road intersection, if warranted; [NOTE: It is the County's policy to have development pay the cost of traffic signalization, if warranted, based on Transportation Department Standards. If the traffic signal is warranted by traffic along Hicks Road and site generated traffic from development on the Property, the Developer will 4/23/97 97-314 10. 11. 12. pay the full cost for such traffic signal installation.] Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. Prior to any site plan approval a phasing plan for required road improvements, as identified in Proffer 7, shall be submitted to and approved by the County Transportation Department. The uses on the Property shall be those permitted by- right and those permitted with restrictions in the C-3 District except that the following uses shall not be permitted: Business schools. Cocktail lounges, dining halls and nightclubs, but not including sit-down restaurants or cafeterias. [NOTE: The purpose of this proffer is to restrict uses which primarily sell on-premises alcoholic beverages; however, restaurants with accessory sale of alcoholic beverages is not intended to be included in this restriction.] Hotels. Any establishment having a substantial or significant portion of its practice performing abortions. Funeral homes or mortuaries. Group care facilities. Occult sciences, such as palm readers, astrologers, fortune tellers, tea leaf readers, prophets, etc. Pawn.shops. Prior to or in conjunction with final site plan review, restrictive covenants shall be recorded which will include that the architectural treatment of the buildings shall be reviewed by an architectural review committee composed of representatives of the Developer and a person appointed by the Route 360 Corridor Committee and that the architectural treatments, colors and materials of the in-line retail space shall generally be as shown on Exhibit B. The Owner/Developer shall be responsible for notifying, in writing, of the submission of site plans to the following: (i) the last known contact/representative on file with the County Planning Department of the Route 360 Corridor Committee; and (ii) the last known president or representative on file with the County Planning Department for the civic associations of Surreywood, Bexley, Longwood Acres and Forestdale. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the plan. The Owner/Developer shall provide a copy of the notification letter to the Planning Department. A cross access easement acceptable to the Transportation Department across the Property from the eastern boundary of the Property [adjacent to Parcel 3 on Tax Map 39-12 (1), the "Snead" parcel] to the Collector Road shall be recorded upon the execution of a reciprocal cross access easement agreement for vehicular and pedestrian access over and across the adjacent properties to the east (including the Snead parcel) to Route 360 at a location acceptable to the Transportation Department. 97-315 4/23/97 13. 14. 15. Site plans shall be submitted to the Planning Commission for review and approval. The loading docks for any tractor-trailers shall be located so as to minimize their impact on residential properties located to the west and northwest (i.e. properties along Dowd Lane and in Foxberry Subdivision). If the Property is developed generally as shown on Exhibit A, the loading docks for the tractor-trailers shall be in the area so labeled on Exhibit A. If the Property is not developed as generally shown on Exhibit A, the location of loading docks for any tractor- trailers shall be approved at the time of site plan review and approval. Except as stated herein, no uses shall be open to the public between the hours of 12 midnight and 6 a.m. Hannaford Brothers may be open to the public 24 hours a day subject to the following limitations: If the Hannaford Brothers store is ever sold or leased to another business not owned by Hannaford Brothers or a new use replaces the Hannaford Brothers store then the right to 24- hour operations (open to the public) shall cease and revert to the public hours of 6 a.m. to 12 midnight. If Hannaford Brothers desires to be open to the public 24-hours-a-day, they shall notify, in writing, the last known representative/contact of the 360 Corridor Committee on file with the Planning Department at least 7 days prior to commencing 24-hour operations. Hannaford Brothers shall provide a copy of the notification letter to the Planning Department. Vote: Unanimous 97SN0126 (Amended) In Bermuda Magisterial District, ASPEN HOMES, L. L. C. requested rezoning from Agricultural (A) to Residential (R-9) of 3.2 acres plus proffered conditions on 8.0 acres currently zoned Residential (R-9). A single family residential subdivision having a minimum lot size of 9,000 gross square feet is planned. The applicant has proffered to limit development to a maximum of eleven (11) lots yielding a density of approximately .98 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies on 11.2 acres fronting approximately 600 feet on the north line of Osborne Road, approximately 250 feet east of Coxendale Road, also lying at the southern termini of Benhill Drive and Staten Road. Tax Map 98-14 (1) Parcel 11 and Part of Parcel 12 (Sheet 32). Mrs. Humphrey excused herself from the meeting. Mr. William Poole presented a summary of Case 97SN0126 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. He noted the request conforms to the Jefferson Davis Corridor Plan. Mr. Don Balzer, representing the applicant, stated the recommendation is acceptable. There was no opposition present. Mrs. Humphrey returned to the meeting. 97-316 4/23/97 Mr. McHale expressed appreciation to the applicant for his efforts in working with area residents regarding this request. On motion of Mr. McHale, seconded by Mr. Warren, the Board approved Case 96SN0228 and accepted the following proffered conditions: The total number of lots permitted shall be limited to 11. Prior to tentative subdivision approval, a revised centerline of Osborne Road, based on VDOT Urban Collector Standards (40 MPH), shall be submitted to and approved by the Transportation Department. In conjunction with recordation of the first subdivision plat, thirty-five (35) feet of right of way on the north side of Osborne Road, measured from the approved revised centerline of that part of Osborne Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Access to Osborne Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. In conjunction with development of the first section of this subdivision, the ditch along the north side of Osborne Road for the entire Property frontage, shall be relocated to provide an adequate shoulder. Vote: Unanimous 978N0160 (Amended) In Dale Magisterial District, CHESTERFIELD COURTHOUSE, INC. requested rezoning from Corporate Office (0-2) to Neighborhoo'd Business (C-2), plus Conditional Use to permit outside public address systems. A drug store/pharmacy is planned. However, with approval of this request, other C-2 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 3.5 acres fronting approximately 320 feet on the north line of Centralia Road, approximately 120 feet west of Nott Lane. Tax Map 96-9 (1) Parcel 9 (Sheet 31). Ms. Beverly Musselman presented a summary of Case 97SN0160 and stated that staff recommends approval and acceptance of the proffered conditions, subject to the applicant providing a cross access easement to the adjacent property which is the property being considered this evening as Case 97SN0165. She further stated that the Planning Commission recommend approval, subject to one condition and acceptance of the proffered conditions, which do not require the shared access. She noted the request conforms to the Central Area Land Use Plan. Bill Axselle, Esquire, representing the applicant, stated the recommendation of the Planning Commission is acceptable. He recognized Mr. Dick Allen, Mr. Bill Ball, and Mr. Jack Smith, representing Chesterfield Courthouse, Inc., who were present at the meeting. He requested the Board to support the recommendation of the Planning Commission and approve the request as presented. He stated that he feels a zoning case is an implementation of public policy and that government should not impose conditions, requirements, and mandates unless truly necessary to protect the public health and safety. He requested that the applicant does feel the condition, regarding the shared access, is not necessary for the public health and safety. He stated that the Transportation Department staff has indicated that the Martin property, which would benefit from 4/23/97 97-317 the cross access easement, and the subject property, can be developed without requiring the applicant to provide a cross access easement. He further stated that Transportation staff has indicated that the easement is not necessary for public safety and that there is no benefit of this easement to this project. He suggested that the Board approve the request, as recommended by the Planning Commission and not impose the shared access. He also suggested that the Board could also impose the easement, but limited to the Martin property not being developed for more than a 10,000 square foot store. He requested the Board's favorable consideration of the request, as recommended by the Planning Commission. There was opposition present. Ms. Frye, representing the adjacent property owner, stated that they oppose the rezoning, as recommended by the Planning Commission, because of the shared access issue. She further stated that her client feels that the lack of shared access is a serious shortcoming and is in direct conflict with the zoning ordinance and County policies. She stated that the only discretion about whether the shared access is appropriate, in any given case, is with the Director of the Transportation Department. She further stated that County staff has recommended that this request not be approved without a proffer for an access easement to the Martin-Smith parcel. She stated that staff feels an access easement would provide interconnecting driveways that would allow access between the sites without using Route 10 and Centralia Road and access to both Route 10 and Centralia Road for both sites. She further stated that commercial developments are appropriate in this area if there is appropriate access. She stated that the applicant feels there is a safety issue surrounding this request relating to the increased likelihood of u-turns on Route 10 without the shared access. She stated that this request is also in conflict with the precedent that has been set by the County in other zoning cases with similar issues. She further stated her client feels there is a safety issue surrounding the shared access and expressed concerns relative to the traffic congestion at the Route 10/Centralia Road intersection. She stated that shared access would promote internal circulation between the sites, benefit Castlewood property, as well as the Martin property, help avoid traffic having to go through the Route 10/Centralia Road intersection, and help avoid conflicts generated by people trying to make u- turns on Route 10. She requested the Board to seriously consider the shared access issue and apply the same policies as they have applied to similar requests. She expressed concerns relative to establishing a proffered condition requiring shared access only if the development is limited to 10,000 square feet. Mr. Axsell stated that the issue of public safety was the conclusion of County Transportation staff; that there is no requirement on the Board to mandate the cross access easement; and requested the Board's favorable consideration of the request, as recommended by the Planning Commission. Mr. Daniel stated that the only issue surrounding this request is shared access. When asked, Mr. McCracken stated that he is in support of the recommendation that this request should not be approved without a proffer for an access easement to the Martin-Smith parcel. He further stated that staff feels the shared access easement is the safest way to improve the overall safety of the public and is the safest method of developing the two properties. Mr. Daniel stated that shared access is not a new idea to the County and that the County has required shared access many times in the past for both public safety and improved development. 4/23/97 97-318 Mr. Daniel stated that he will recommend a thirty deferral for this request to allow the applicant to agree to resolve the access issue. He further stated that if the shared access is not a part of this request, when the request comes back before the Board, he will have to recommend denial. He stated that he cannot support the request as recommended by the Planning Commission as it is in conflict with the County zoning ordinance and it is not the recommendation of the Director of Transportation. He requested the applicant to meet with the adjacent developers and the Transportation Department to address the access issue. Mr. Daniel then made a motion, seconded by Mrs. Humphrey, for the Board to defer Case 97SN0160 until May 14, 1997. Vote: Unanimous 97SN0165 (Amended) In Dale Magisterial District, JAMES H. MARTIN, JR. AND A. DALE SMITH requested rezoning from Agricultural (A) to Neighborhood Business (C-2), plus Conditional Use to permit outside public address systems. A drug store/pharmacy is planned. However, with approval of this request, other C-2 uses would be permitted. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 3.2 acres fronting approximately 367 feet on the east line of Iron Bridge Road, also fronting approximately 161 feet on the north line of Centralia Road and located in the northeast quadrant of the intersection of these roads. Tax Map 96-9 (1) Parcel 8 and Tax Map 95-8 (1) Part of Parcel 19 (Sheet 31) . It is noted that the public hearing had previously been closed on this request. On motion of Mr. Daniel, seconded by Mr. McHale, the Board approved Case 97SN0165 and accepted the following proffered conditions: The property owners and applicant (the "Applicant") in this rezoning case, pursuant to §15.1-491.2:1 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Map 96-9 (1) Parcel 8 shown as Parcel 1 on Exhibit B [GIS 772-661-0235] and 95-8 (1) and part of Parcel 19 shown as Parcel 2 on Exhibit B [GIS 772-661-7262] (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for C-2 is granted. In the event the request is denied or approved with conditions not agreed to by the Applicant, the conditions shall immediately be null and void and of no further force or effect. If the rezoning is granted, these conditions will supersede all conditions now existing on the Property. The application contains two exhibits described as follows: Exhibit A - Elevations entitled "Building Elevations, Proposed Walgreens, Centralia Road & Iron Bridge Road, Chesterfield County, Virginia," prepared by Konrad C. Kwok, Architect and last revised 2/7/97. 97-319 4/23/97 Exhibit B - Parcel plan entitled "Plat Showing Two Parcels of Land Lying on the Northeast Corner of Iron Bridge Road and Centralia Road, Dale District, Chesterfield County, Virginia," prepared by Balzer and Associates, Inc. dated November 25, 1996. Public water and wastewater systems shall be used. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. Elevations. The Property shall be developed compatible in material, style and color as Castlewood and generally in conformance with the architectural elevations attached as Exhibit A. At the time of Site Plan review, the Planning Commission may approve modifications requested by the developer if such modifications are deemed to comply with the spirit and intent of the proposed elevations. Use Restrictions. The only uses permitted on Parcel 1 shall be as follows: d Drugstore/pharmacy; Banks and savings and loan associations; Offices; businesses, governmental, medical and professional; Drive-in windows and outside intercom systems associated with the foregoing permitted uses; Accessory uses, not otherwise prohibited, customarily accessory and incidental to a permitted use. The only uses permitted on Parcel 2 shall be as follows: Access and parking for any use permitted on Parcel 1. Access and parking for any use permitted on adjacent property known as Tax Map 95-8 (1) Part of Parcel 19 [Castlewood Property - GIS 772-661-7262 Part] provided that such use is permitted in the C-2 district. Provided, however, that the Planning Commission, at the time of site plan review, may allow the buildings for those uses outlined as permitted herein on Parcel 1 to be located on Parcel 2, provided that the building(s) are located so as not to substantially obstruct the view of Parcel 19 on Tax Map 95-8 (1) [Castlewood Property -- GIS 772-661-7262 Part] from Route 10/Krause Road intersection. The following uses shall not be permitted on the Property: he No outdoor vending machines and/or outdoor pay phones. The sale of alcoholic beverages for on- or off-premises consumption. 4/23/97 97-320 No outside loudspeakers. This shall not exclude intercom systems. Sidewalk· A sidewalk shall be constructed along the east side of Iron Bridge Road and along the north side of Centralia Road for the entire Property frontage. The exact location, width and material of the sidewalk shall be approved by the Transportation Department at the time of Site Plan Review. The Applicant shall dedicate, free and unrestricted to and for the benefit of Chesterfield County any additional right-of-way (or easements) required for the sidewalk improvements. Stormwater Discharge. An accurate account of the drainage situation, showing existing drainage and the impact this project will have on the Property and surrounding area shall be submitted to Environmental Engineering for approval in conjunction with or prior to site plan submission. A storm water management and site construction plan shall be submitted to Environmental Engineering and VDOT for approval, in conjunction with or prior to site plan submission, providing for on-site drainage facilities such that, at the time of full development, the 25-year storm will not flood Route 10. Access. No direct access shall be permitted to Centralia Road. Direct access shall be limited to one (1) right-in/right-out access to the Property from Iron Bridge Road. This access shall be located at the northern Property line of Parcel 2. The exact location of this access shall be approved by the Transportation Department. This access shall be designed to be shared with the Castlewood property [parcel 19 on tax map 96-9 (1)] and the adjacent property to the east [parcel 9 on tax map 96-9 (1)]. Prior to site plan approval, an access easement acceptable to the Transportation Department shall be recorded to ensure shared use of the access with the Castlewood property and to the adjacent parcel to the east. [NOTE: Future cross-access to the adjacent parcel to the east of Parcel 1, known as tax map 96-9 (1) 9, will permit access to Centralia Road. A shared cross-access to Parcel 1 was also shown on the plan that accompanied zoning case 87S097. The intent is to provide a coordinated access between the adjacent parcels and to facilitate access between them while minimizing impacts on Centralia and Iron Bridge Roads.] Buffer. Relief from the Zoning Ordinance buffer requirements adjacent to the residential lots in Courthouse Green South subdivision shall not be sought. Hours of Operation. No use shall be opened to the public between 12:00 midnight and 6:00 a.m. 97-321 4/23/97 10. 11. 12. Road Improvements. To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following. If any of the improvements are provided by others then the specific requirement shall be deemed satisfied. Construction of an additional lane of pavement along Iron Bridge Road and Centralia Road for the entire Property frontage; Construction of additional pavement along the northbound lanes of Iron Bridge Road at the approved access to provide a separate right turn lane; Ce Full cost of traffic signal modification at the Centralia Road/Iron Bridge Road intersection, if warranted by the construction of the improvements listed in Proffers 10. a. and b. above; de Closing the existing crossover on Iron Bridge Road located north of the Centralia Road intersection; Installation of a gate/barrier, acceptable to the Transportation Department, across the existing access onto Iron Bridge Road that serves the Castlewood Property [Parcel 19 on Tax Map 95-8 (1)]; and fe Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. Phasinq Plan. Prior to any site plan approval, a phasing plan for required road improvements, as identified in Proffer 10 above, shall be submitted to and approved by the Transportation Department. Dedications. Prior to any site plan approval or upon request by the County, which ever occurs first, the following shall be accomplished: be Ce Forty-five (45) feet of right-of-way on the north side of Centralia Road measured from the centerline shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. One hundred (100) feet of right-of-way on the east side of Iron Bridge Road measured from the centerline of that part of Iron Bridge Road immediately adjacent to the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Recordation of all easements as indicated on the approved construction plans for the improvements to the Centralia Road/Iron Bridge Road intersection (Project Number 0010-020-128, C-501). 97-322 4/23/97 13. 14. 15. Severance. The unenforceability, illegality, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. Lighting. Any freestanding lighting fixtures located within sixty (60) feet of the common boundary between Parcel 2 and part of Parcel 19 on Tax Map 95-8 (1) [Castlewood Property -- GIS 772-661-7262 Part] shall not exceed a height of twenty (20) feet. Landscaping. If deemed necessary at the time of site plan review, landscaping shall be provided along the common boundary between Parcel 2 and Part of Parcel 19 on Tax Map 95-8 (1) [Castlewood Property -- GIS 772-661-7262 Part] to minimize the view of the Property from the Castlewood Property. Vote: Unanimous 17. ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 8:20 p.m. until May 14, 1997 at 3:00 p.m. ~u~t~ ' A~T~TsYtrator/ Chairman 4/23/97 97-323