The URL can be used to link to this page

09-26-2007 Minutes BOARD OF SUPERVISORS MINUTES September 26, 2007 Supervisors in Attendance: - Mr. Kelly E. Miller, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. R. M. ~Dickie" King, Jr. Mr. Donald D. Sowder Mr. Arthur S. Warren Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Allan Carmody/ Dir./ Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator, Human Services Ms. Deborah Dugger/ Admin., Youth Group Home Mr. William Dupler, Building Official Colonel Thierry Dupuis, Police Department Ms. Lisa Elko, CMC, Clerk Mr. Jeff Franklin, Asst. Dir., Utilities Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. George Hayes, Asst. Dir., Utilities Maj. David Hutton, Sheriff's Office Mr. Thomas E. Jacobson/ Dir., Revitalization Mr. H. Edward James, Dir., purchasing Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Acting Dir., General Services Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting Ms. Mary Martin, Asst. Dir., Human Resource Management Chief Paul Mauger, Fire Department Mr. R.. John McCracken, Dir., Transportation Mr. Richard M. McElfish/ Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Glen Peterson, Dir., Community Correction Services Mr. Francis Pitaro, Acting Deputy County Admin., Management Services Sheriff Dennis Proffitt, Sheriff's Department Ms. Jo Rohr, Quality Coordinator Ms. Sarah Snead, Dir., Social Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning ....-- Mr. Miller called the regularly scheduled meeting to order at 3:04 p.m. 1. APPROVAL OF MINUTES FOR AUGUST 22, 2007 ....-- On motion of Mrs. Humphrey/ seconded by Mr. King, the Board approved the minutes of August 22, 2007, as submitted. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS o PETERSBURG AREA REGIONAL TOURISM PRESENTATION Mr. Dave Schulte, Executive Director of the Petersburg Area Regional Tourism organization, briefed the Board on the work of the organization, of which Chesterfield is a member. He provided details of recent events and advertising initiatives of the organization, as well as production of a new visitors guide. He stated Chesterfield County attractions play an important role in the marketing strategy of the organization. He reviewed future initiatives, including a wayfinding study, vacation packages and front line staff education, and also provided a video of recent television advertisements sponsored by the organization. -../ 3. BOARD MEMBER REPORTS There were no Board member reports at this time. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Sowder, the Board replaced Item 8.C.8.a., Set Date for Public Hearing to Consider Proposed Amendments to County Code Sections 19-65 and 19-124 Relating to the Operation of Motorcycles, ATVs and Go-Carts on Agricultural and Residential Property; replaced Item 8. C.14., Authorization for the County Administrator to Execute a Construction Contract for Midlothian High School Football and Soccer Practice Field Sports Lighting; added Item 8.C.24., Allocation of $250,000 from the Utility Inducement Fund to Pay for Extending Existing Public Wastewater Lines to Accommodate for the Development of Meadowville Technology Park; and adopted the agenda, as amended. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 5. RESOLUTIONS o RECOGNIZING OCTOBER 2007, AS "QUALITY MONTH" IN CHESTERFIELD COUNTY Ms. Jo Rohr, Quality Coordinator, stated October is designated as ~National Quality Month." She thanked the Board for its support of the county's quality initiatives. She stated, for the past 15 years, the county has worked on making improvements and providing the best customer service available, resulting in the avoidance of approximately 21,000 hours of work and approximately $5.6 million in costs. She introduced Mr. Barry Matthews, Ms. Heather Norton and Mr. George Hayes, who shared success stories regarding cost avoidance and cycle time reduction. Mr. Howard Baron, General Manager of Cintas Corporation, expressed appreciation for the county's support described in the success story shared by Mr. Hayes, which led to the company's receipt of the 2007 Industrial Water Quality Award for Environmental Excellence. On motion of the Board, the following resolution was adopted: WHEREAS, a commitment to excellence in government, education, manufacturing, service and health care is essential to our nation's well-being; and WHEREAS, over the years, Virginians have shown great personal pride and interest in developing quality goods and services and in promoting a high standard of excellence in both the public and private sectors; and WHEREAS, from the smallest to largest service organizations in the Commonwealth quality is a major concern; and manufacturing of Virginia, WHEREAS, the individual workers, business leaders, educators and government officials must work together to promote excellence in the public and private sectors; and WHEREAS, in February, 1992, Board of Supervisors directed the the Chesterfield County County Administrator to ~ develop and initiate an ongoing total effort aimed at reinventing the way government services its customers; and quality-improvement Chesterfield County WHEREAS, many county employees have joined the those in the private sector who are applying principles, tools and training in the workplace; and ranks of quality WHEREAS, Chesterfield County has distinguished itself as a leader in quality and productivity as evidenced by the receipt of the Award for Continuing Excellence, and also by documented improvements for fiscal year 2007 that record 1,186 hours avoided and $1,654,018 in costs avoided; and WHEREAS, the Chesterfield County Board of Supervisors recognizes that the continuation of the commitment to quality and high performance is a vital part of the county's strategies to provide a FIRST CHOICE community through excellence in public service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of September 2007, publicly recognizes October 2007, as ~Quality Month" in Chesterfield County and calls its significance to the attention of all its citizens. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Mr. Sowder presented the executed resolution to Ms. Rohr, accompanied by employees and others involved with the success stories related to the Board, and commended them on the quality efforts exhibited in Chesterfield County. Mrs. Humphrey extended sympathies, on behalf of the Board, to the family of Ms. Marguerite Christi.an, who passed away earlier this week. Ms. Christian was a long-time educator in the county and the namesake of Marguerite Christian Elementary School. 6. WORK SESSION o ILLEGAL IMMIGRATION REPORT Ms. Dickson stated the purpose of the work session was to review the report provided to the Board in August. She stated the estimated local impact of providing services to illegal immigrants in FY2006 was $2,092,740, which included a direct impact of $1,345,900 primarily for police , health, courts and jail services, and a $746,840 indirect impact for unpaid fines and indigent hospital care. She noted that in 2006-07, Chesterfield County Public Schools served 2,105 English as-a-Second Language students at an estimated cost of $10,409 per student, although the number of illegals in county schools is unknown. She stated the county has been proactive by participating in the state Criminal Alien Assistance Program, which provides reimbursement for housing illegals, noting that the county has received over $145,000 since FY2003. She further stated the county has partnered with Immigration and Customs Enforcement Bureau (ICE) by providing a daily list of j ail inmates" noting that 6 to 10 -- -' ,-' illegals are picked up monthly as a result of the partnership. She stated the Police Department is ascertaining legal status and taking appropriate action within authority, and is also preparing to train all officers on documentation authenticity. She provided details of local options for addressing the impact of illegal immigrants on county services related to housing, contract certification and audits; and Immigration Enforcement Partnership with ICE. She stated, in staff's opinion, the current partnership with ICE is working well and that pursuing the 287(g) program at this time would not change the results we are achieving on our own now. She further stated other options that could be pursued include adopting English as the county's official language; acquiring the state authority to require certification of legal status before issuing business licenses and to require landlords to certify that they are not renting to undocumented people. She provided a legislative update and reviewed House Republican Caucus proposals relative to illegal immigrants. She then provided details of staff I s recommendations, including: 1) continue participation in State Criminal Alien Assistance Program; 2) continue partnership with ICE; 3) continue to monitor the impact of illegal immigrants on a fiscal year basis; 4) amend the zoning ordinance to align with the occupancy limitations in the Building Code to ensure safety and quality of life; 5) direct staff to implement the Contract Certification Clause (without the audit provision); 6) propose new legislation to expand the authority of local governments to address concerns regarding illegal immigration; and 7) continue to monitor and support appropriate legislation at federal and state levels. There was brief discussion relative to the House Republican Caucus proposals. In response to Mr. Miller's question, Mr. Micas stated the county does not have the authority to require that applicants for a business license must certify legal status, without a change in state law. Discussion ensued relative to current policies of the Police Department to address the issue of illegal immigrants and the possibility of more aggressive initiatives. Colonel Dupuis stated the Police Department is beginning to train its officers in recognizing falsified documents, which will assist in identifying illegal immigrants. He further stated the law does not permit police officers to take illegal immigrants into custody when stopped for speeding / but does permit officers to take previously deported immigrants or convicted felons into custody. He stated it is unrealistic to look strictly to law enforcement to address this issue. In response to Mr. Miller's question, Colonel Dupuis stated he is working with police personnel to determine what else can be done to address the issue. He further stated the recommendations outlined by Ms. Dickson are a good ~first step" in addressing illegal immigrants. Mr. Sowder expressed concerns that implementation of the audit provision in the contract certification would result in increased costs to the county. iiiiiiIiiiiiiii Ms. Dickson stated, at this time, staff is recommending that the audit provision not be included. She further stated county contracts currently allow staff to audit, indicating that it may not be necessary to do anything further regarding the audit provision. Discussion ensued relative to a provision that would prevent large legal families from being impacted by a zoning ordinance amendment relative to occupancy limitations. Mr. Miller requested that schools provide an annual update on the number of ESL students and the number of teachers that have been added as a result of the ESL students. He inquired about the likelihood that schools would agree to impose a certification clause in their contracts. Ms. Dickson stated schools would be involved in the implementation details of staff's recommendations. Mr. Miller stated he has been concerned for several years about the use of taxpayer resources for illegal immigrants. He further stated, until the federal government takes action to seal our borders and deport illegal immigrants, we are not likely to see any diminishment. He stated the state has not yet taken any action, but seems to be working on several positive actions. He further stated, in his opinion, the county should do whatever we can now to address this issue, indicating that this will soon be the biggest issue this country is facing. Mr. Miller then suggested that the Board consider adopting by resolution English as the county's official language; adopting the housing portion of staff's recommendations, with an exemption for large legal families; directing staff to implement the contract certification clause, as well as study the audit component; adopting a resolution requesting that the Police and Sheriff's departments implement more aggressive policies that would enable them to address illegal immigrants; and notify the congressional and state delegations of the county/s support of legislation that would assist with addressing illegal immigrants. Mr. Warren stated he can support Mr. Miller's requests, but suggested that the County Attorney have an opportunity to explore them first. After brief discussion, Mr. Miller made a motion, seconded by Mr. Warren, for staff to bring forward staff's recommendations relative to illegal immigrants, as well as the additional ones proposed by Mr. Miller, in a form approved by the County Attorney, for setting of a public hearing date for the Board to hear from the public regarding the recommendations. Mr. Sowder stated he agrees conceptually, but would prefer not to see contract costs increase, if it can be avoided. Mr. Miller called for a vote on his motion, seconded by Mr. Warren, for staff to bring forward staff's recommendations relative to illegal immigrants I as well as the additional ones proposed by Mr. Miller, in a form approved by the County Attorney, for setting of a public hearing date for the Board to hear from the public regarding the recommendations. -- ---' '---" ' Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 7. DEFERRED ITEMS o TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE AND INSTALL AN ENTRANCE SIGN AT ROCKWOOD PARK Mr. Warren stated the sign has the support of the 360 Corridor Committee. Mr. Golden stated the Board deferred a request to transfer District Improvement Funds from the Clover Hill District Improvement Fund to the Department of Parks and Recreation to purchase and install an entrance sign at Rockwood Park until this date to allow the 360 Corridor Committee to provide input regarding the sign. He further stated the committee is in agreement that the sign meets their requirements. He noted that this would be a great improvement to the signage for Rockwood Park. Mr. Warren made a motion, seconded by Mr. King, for the Board to transfer $11,000 from the Clover Hill District Improvement Fund to the Department of Parks and Recreation to purchase and install a new entrance sign at Rockwood Park. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. a. NEW BUSINESS a.A. APPOINTMENTS On motion of Mr. King, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment of members to serve on the SAFE Board of Directors, Youth Services Citizen Board, Virginia/s Gateway Region Board, Parks and Recreation Advisory Commission and the GRTC Transit System Board of Directors. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. a.A.l. SAFE BOARD OF DIRECTORS On motion of Mr. King, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Ms. Merdis Hudson, representing the Bermuda District, to serve on the SAFE Board of Directors, whose term is effective October 1, 2007 and expires September 30, 2010. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. a.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. King, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed the following adult 07-812 09/26/07 -=-" ~- members to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2007 and expire June 30, 2010: Ms. Penny Gilliland, representing the Clover Hil~ Di,strict, and Ms. Deloris Jordan, representing the Matoaca Dlstrlct. And, further, the Board simultaneously nominated/reappointed the following students to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2007 and expire June 30, 2008: Mr. Bhavik Shah, representing the Bermuda District, and Mr. Nick Newman and Mr. William Enoch, representing the Matoaca District. -' Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 8.A.3. VIRGINIA'S GATEWAY REGION BOARD On motion of Mr. King, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. Gary Thomson, Mr. R. M. ~Dickie" King, Jr. and Mr. Bob Walker to serve on Virginia's Gateway Region Board, whose terms are effective September 30, 2007 and expire September 30, 2008. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 8.A.4. PARKS AND RECREATION ADVISORY COMMISSION On motion of Mr. King, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Shayne McDavid, representing the Clover Hill District, to serve on the Parks and Recreation Commission, whose term is effective immediately and expires December 31, 2007. (It is noted Mr. Shayne McDavid will fill the vacancy of Mr. Frank McDavid.) -- Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 8.A.S. GRTC TRANSIT SYSTEM ("GRTC") BOARD OF DIRECTORS On motion of Mr. King, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. David W. Mathews, Mr. Daniel K. Smith and Mr. S. Joseph Ward, representing the county at-large, to serve on the GRTC Transit System Board of Directors, whose terms are effective October 16, 2007 and expire October 15, 2008. And, further, the Board authorized the County Administrator or his designee to appear at the October 16, 2007 GRTC annual meeting to vote for the directors appointed by the Board and by Richmond City Council. -/ Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. King, seconded by Mr. Sowder, the Board approved the following streetlight installations: 07-813 09/26/07 Bermuda District . In the Bellwood Manor Subdivision, at the intersection of Arvin Drive and Carroll Lane Cost to install streetlight: $1,467.03 · In the Arbor Landing Subdivision, at the intersection of Ironbridge Parkway and Stephens Point Drive Cost to install streetlight: $1,082.67 Dale District · At the entrance to the Salem Woods Subdivision, at the intersection of Old Warson Drive and Salem Church Road Cost to install streetlight: $3,652.77 Midlothian District · In the Brighton Green Subdivision, on Ashton Court, in the vicinity of 9511/9519 Cost to install streetlight: $526.38 Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Mr. Miller excused himself from the meeting. 8.C. CONSENT ITEMS ",....... On motion of Mr. King, seconded by Mr. Sowder, the Board removed the following item from the consent agenda for public comment: Item 8.C.24., Allocation of $250,000 from the Utility Inducement Fund to Pay for Extending Existing Public Wastewater Lines to Accommodate for the Development of Meadowville Technology Park. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. On motion of Mr. Sowder, seconded by Mr. King, the following item was removed from the consent agenda for Board discussion: Item a.C.18., Approval of FY2009 Priority List of Primary and Interstate Needs. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the following items were removed from the consent agenda for Board discussion: Item a.C.8.a., Set Date for Public Hearing to Consider Proposed Amendments to County Code Sections 19-65 and 19-124 Relating to the Operation of Motorcycles, ATVs and Go-Carts on Agricultural and Residential Property; and Item a.C.8.d., Set Date for Public Hearing for the Board to Consider Proposed Adjustments to Planning Department Subdivision Review Fees. Ayes: King, Humphrey, Sowder and Warren. 07-814 09/26/07 Nays: None. Absent: Miller. 8.C.l. ADOPTION OF RESOLUTIONS 8.C.1.a. RECOGNIZING MS. SHANNON MICHELLE HILL UPON ATTAINING THE GOLD AWARD On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: --- WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.7 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning three interest proj ect patches, earning the Girl Scout Gold Leadership Award, the Girl Scout Gold Career Award, and the Girl Scout Gold 4Bs Challenge Award, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-18 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and --- WHEREAS, Ms. Shannon Michelle Hill, both of Troop 3355, sponsored by Chester Baptist Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Girl Scout Commonwealth Council of Virginia, Incorporated; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Shannon is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Shannon Michelle Hill, extends congratulations on her attainment of the Gold Award, and acknowledges the good fortune of the county to have such an outstanding young woman as its citizen. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. '- 07-815 09/26/07 8.C.1.b. RECOGNIZING DEPUTY ROBERT G. BURTON, SHERIFF'S OFFICE, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Deputy Robert G. Burton has faithfully served Chesterfield County for over 21 years; and WHEREAS, Deputy Burton first started his career in Law Enforcement February 10, 1986 as a Jail Deputy with the Chesterfield County Sheriff's Office; and WHEREAS, Deputy Burton transferred to the Juvenile and Domestic Relations Court unit on April 6, 1987 as a Courtroom Security Deputy; and WHEREAS, Deputy Burton transferred to the Circuit Court unit in September of 2003, where he served until his retirement; and WHEREAS, Deputy Burton received numerous Letters of Appreciation and several Department Commendations for his dedication and service to employees and citizens of Chesterfield County; and WHEREAS, Deputy Burton developed lasting relationships with Judges, Clerks, Attorneys, and Citizens while providing quality service and symbolizing the true spirit of the Sheriff's Office; and WHEREAS, Deputy Burton will be truly missed by his many friends and co-workers within the Sheriff's Office family. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Deputy Robert G. Burton, expresses the appreciation of all residents for his service to Chesterfield County and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.1.c. RECOGNIZING CAPTAIN BRIAN D. RIFFE, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Captain Brian D. Riffe retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on September 1, 2007; and WHEREAS, Captain Riffe graduated from Recruit School #16 in 1986 and has faithfully served the county for 21 years in various assignments as a firefighter at the Dutch Gap, Bon Air, and Manchester Fire and EMS Stations, as an acting sergeant at the Buford Road Fire and EMS Station, as an 07-816 09/26/07 acting lieutenant at Bensley and Manchester Fire and EMS Stations, as an assistant fire marshal in the Fire and Life Safety Division, as a lieutenant at the Dutch Gap Fire and EMS Station, and as a captain at Dutch Gap, Swift Creek and Centralia Fire and EMS Station; and WHER.EAS, Captain Riffe was awarded the department's Meritorious Service Award in 1986; and WHEREAS, Captain Riffe served on the self-contained breathing apparatus selection committee in 1990, when the department evaluated and changed its breathing apparatus; and '- WHEREAS, Captain Riffe served as a charter member of the Chesterfield Fire and EMS Quality Council; and WHEREAS, Captain Riffe was recognized in October 1994 with an Emergency Medical Services Unit Citation for his role in saving the lives of two patients involved in a motor vehicle collision involving a motorcycle; and WHEREAS, Captain Riffe wrote and produced the Chesterfield Fire and Emergency Medical Services Cooperative School Inspection Program video for Chesterfield Fire and EMS, which received a National Association of Counties (NACO) Award; and WHEREAS, Captain Riffe was recognized in October 2004 with an Emergency Medical Services Unit Citation for his role in saving a life during a water rescue on Walmsley Boulevard during Tropical Storm Gaston, while serving as an acting battalion chief, which was recognized in the Congressional Record; and --- WHEREAS, Captain Riffe was again recognized in October 2004 with an Emergency Medical Services Unit Citation for his role in saving the lives of two critical patients involved in a vehicle collision on Brandermill Parkway; and WHEREAS, Captain Riffe was as a charter member of the Chesterf ield Fire and Emergency Medical Services Technical Rescue Team, and served as the administrative leader of the team during his tenure. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Brian D. Riffe, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. -- 8.C.1.d. RECOGNIZING FIREFIGHTER OTIS D. DUNCANSON, III, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: 07-817 09/26/07 WHEREAS, Firefighter Otis D. Duncanson III the Fire and Emergency Medical Services Chesterfield County, on July 1, 2007; and retired from Department, WHEREAS I firefighter Duncanson attended Recruit School #15 in 1984 and has faithfully served the county for over 23 years in various assignments, as a firefighter at the Chester, Bensley, Buford, Ettrick and Clover Hill Fire and EMS Stations; and WHEREAS, Firefighter Duncanson served as a firefighter on engine, truck, and ambulance companies; and WHEREAS, Firefighter Duncanson was involved successful fire and emergency medical rescues and extrications during his years of public service; and in many vehicle WHEREAS, Firefighter Duncanson was always known as easy to get long with; and WHEREAS, Firefighter Duncanson firefighters and during his career, benefit the department; and helped which train many will forever WHEREAS, Firefighter Duncanson touched the lives of many citizens and made many sacrifices during his career so that Chesterfield County would be a safer place to live and raise a family. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Otis D. Duncanson III, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.1.e. RECOGNIZING FIREFIGHTER WILLIAM "DENNIS" BOND, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Firefighter William ~Dennisff Bond from the Fire and Emergency Medical Services Chesterfield County, on October 1, 2007; and will retire Department, - WHEREAS, Firefighter Bond attended Recruit School #13 in 1982 and has faithfully served the county for 25 years in various assignments, as a firefighter at the Bon Air, Dutch Gap, Dale, Airport, Wagstaff and Manchester Fire and EMS Stations; and WHEREAS, Firefighter Bond was instrumental in the preparation and opening of the Airport Fire and EMS station, and has been a teacher and mentor of driving and operating skills of both engines and ambulances to many young firefighters in the department; and WHEREAS, Firefighter Bond was a member of the Hazardous Incident Team and employed his design and mechanical skills to develop and build several devices used by the team as well as storage compartments on the original unit; and WHEREAS, Firef ighter Bond performed his duties for 25 years with no vehicle accidents; and WHEREAS, Firefighter Bond has received a number of supervisor commendations, unit citations, and EMS citations, -- for actions including the successful rescue of two children involved in a motorcycle accident on October 13, 1994 and the successful resuscitation of a patient in cardiac arrest on January 15, 1989. NOW, THERFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter William ~Dennis" Bond, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations. upon his retirement. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.1.f. RECOGNIZING PROVIDENCE UNITED METHODIST CHURCH FOR ITS 200TH ANNIVERSARY On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: -' WHEREAS, Providence United Methodist Church was founded in Chesterfield County in 1807, the same year in which Midlothian Turnpike became the first paved road in Virginia; and WHEREAS, the church's property grew to three acres in 1813 when an additional acre was deeded to the trustees of the church by Sarah Kleinhoff, whose husband had passed away since the couple had sold the original parcel to the church in 1807; and WHEREAS, upon the expanded site, church trustees built the permanent building that would serve well for many years; and WHEREAS, in 1894, a new and larger church was begun on the original site, and was dedicated on July 5, 1896; and WHEREAS, the church's property grew by several more land transfers over the years, and in 1938, the church underwent extensive remodeling; and --' WHEREAS, between 1945 and 1949, provided Sunday School space; and a brick addition WHEREAS, a groundbreaking for a new church, to be attached to the small white church already existing, was held on January 27, 1957; and WHEREAS, as the congregation continued to grow, so grew the church, with the continuing acquisition of new property, including nearly 16 acres purchased in 1982; and WHEREAS, over the years, the church has been the center of many activities, including adult and youth choirs; Bible classes; mission work, support for CARITAS (Churches Around Richmond Involved to Assure Shelter); Girl Scout and Boy Scout troops and a host of other activities beneficial to the community; and WHEREAS, Providence United Methodist Church has been an integral and valued part of Chesterfield County for 200 years, strengthening our county and our lives through its good works. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors, on behalf of all Chesterfield County residents, offers congratulations and best wishes to Providence United Methodist Church, and extends all best wishes for continued success and fulfillment of the church's mission. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.1.g. RECOGNIZING OCTOBER 7-13, 2007, AS "PARALEGALS WEEK" IN CHESTERFIELD COUNTY - On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, legal assistants and paralegals provide skilled and essential professional services to licensed attorneys throughout Virginia; and WHEREAS, legal assistants and paralegals receive formal education and training and gain valuable experience working under the supervision of licensed attorneys; and WHEREAS, the Virginia Alliance Associations (VAPA) issues educational professional guidelines to ensure that legal competent and knowledgeable about their field; of Paralegals standards and assistants are and WHEREAS, the research and administrative work performed by legal assistants and paralegals are essential to the ability of attorneys to provide their clients with quality legal services and representation; and WHEREAS, VAPA member organizations sponsor educational programs I seminars and forums designed to bring legal assistants together to exchange ideas and methods used in their occupation; and WHEREAS, the VAPA encourages legal assistants and paralegals to adhere to a high degree of ethical and professional conduct and proficiency by issuing a code of ethics for legal assistants and paralegals to practice. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes October 7-13, 2007 as "Paralegals' Week" in Chesterfield County and calls its significance to the attention of all its citizens. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.1.h. RECOGNIZING MR. LEWIS W. RIGGINS, UTILITIES DEPARTMENT, UPON HIS RETIREMENT '- On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Mr. Lewis W. Riggins has served the County of Chesterfield as a faithful employee of the Utilities Department since his original hiring on June 30, 1986; and WHEREAS, the expertise developed by Mr. Riggins during his tenure as a utility supervisor has enabled him to make significant contributions to the operations of the wastewater collections section, such as being instrumental in organizing and coordinating the Utilities Department's GPS contractor; and WHEREAS, Mr. Riggins has willingly shared his knowledge and expertise with his developing colleagues to aid them in their growth and development; and WHEREAS, Mr. Riggins has always presented the citizens of Chesterfield County with the highest level of customer service, and his positive attitude and willingness to provide the highest level of customer satisfaction reflects positively on Chesterfield County's workforce; and --' WHEREAS, Mr. Riggins' likeable willingness to share his knowledge earned admiration of his colleagues. personality and him the respect and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Lewis W. Riggins for his outstanding contributions, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. -' 8.C.1.i. CONSENTING TO THE TRANSFER OF TITLE TO THE APPOMATTOX REGIONAL GOVERNOR'S SCHOOL FROM THE APPOMATTOX GOVERNOR'S SCHOOL LIMITED PARTNERSHIP TO THE REGIONAL BOARD OF THE APPOMATTOX REGIONAL GOVERNOR'S SCHOOL On motion of Mr. Warren, seconded by Mr. King, the Board ;::It"l(""\nt-lOr'! t-nlO 1"(""\1 1 (""\,.ri,.,rT Y'lOQ(""\ l"t-; (""\,., . WHEREAS / the School Board of Chesterfield County participates in the Appomattox Regional Governor's School for the Arts and Technology ( "ARGS"), which is governed by a Board (~Regional Board"); and WHEREAS, the title to the property and building which houses ARGS is held by the Appomattox Governor's School Limited Partnership; and WHEREAS, Va. Code Ann. !;;22.1-26 permits the Regional Board to hold title to the ARGS property and building with the approval of the participating school boards and the respective local governing bodies; and WHEREAS, the Partnership desires and building to the Ann. ~22.1-26; and Appomattox Governor's School Limited to transfer title to the ARGS property Regional Board as permitted by Va. Code WHEREAS, the Board of Supervisors of Chesterfield County approves title to the ARGS property and building being vested in the Regional Board. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County hereby approves of the transfer of title to the ARGS property and building from the Appomattox Governor's School Limited Partnership to the Regional Board. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. a.C.2. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR ANNUAL MAGNIFICENT MIDLOTHIAN FOOD FESTIVAL ON WEDNESDAY, OCTOBER 3, 2007 On motion of Mr. Warren, seconded by Mr. King, the Board approved a request for a music/entertainment festival permit for the annual Magnificent Midlothian Food Festival on Wednesday, October 3, 2007. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. a.C.3. APPROVAL OF A SPECIAL PROJECT SERVICE AGREEMENT WITH DRC EMERGENCY SERVICES, LLC AND OMNI PINNACLE, LLC FOR A DISASTER RECOVERY SERVICES PROGRAM THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY - On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to sign a special project service agreement with DRC Emergency Services, LLC and Omni Pinnacle, LLC for the Central Virginia Waste Management Authority's Disaster Recovery Services Program. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. a.C.4. APPROVAL OF A SPECIAL PROJECT SERVICE AGREEMENT WITH BECK DISASTER RECOVERY FOR THE PROFESSIONAL DEBRIS MANAGEMENT PROGRAM THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to sign a special project service agreement with Beck Disaster Recovery for the Central Virginia Waste Management Authority's Professional Debris Management Program. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. ....--/ a.C.5. APPROPRIATION OF GRANT FUNDS a.C.5.a. IN STATE WIRELESS E-911 SERVICES BOARD GRANT FUNDS TO ADDRESS EMERGENCY COMMUNICATIONS' REGIONAL RECRUITMENT EFFORTS BETWEEN CHESTERFIELD COUNTY, HANOVER. COUNTY, HENRI CO COUNTY, AND THE CITY OF RICHMOND On motion of Mr. Warren, seconded by Mr. King, the Board. appropriated $289,409 in state wireless grant funds to address Emergency Communications' regional recruitment efforts between Chesterfield County, Hanover County, Henrico County, and the City of Richmond" Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. ,- 8.C.5.b. FOR THE SHERIFF'S OFFICE JAIL MANAGEMENT SYSTEM REWRITE PROJECT WITH LOCAL MATCHING FUNDS On motion of Mr. Warren, seconded by Mr. King, the Board appropriated $75,000 in grant funds from the Department of Criminal Justice Services and $25,000 in local matching funds for the Sheriff's Office Jail Management System Rewrite Project. (It is noted the local match has been identified by the department from the inmate canteen fund.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.6. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.6.a. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE AND INSTALL FIBERGLASS BACKBOARDS IN THE GORDON ELEMENTARY SCHOOL GYMNASIUM On motion of Mr. transferred $3,800 Fund to the Parks install fiberglass gymnasium. Warren, seconded by Mr. King, the Board from the Clover Hill District Improvement and Recreation Department to purchase and backboards in the Gordon Elementary School --' Ayes: Nays: King, Humphrey, Sowder and Warren. None. "7\1-.__~.L- '11..11' ~ , , ~__ 8.C.6.b. FROM THE BERMUDA AND MATOACA DISTRICT IMPROVEMENT FUNDS TO THE SHEPHERD'S CENTER OF CHESTERFIELD On motion of Mr. Warren, seconded by Mr. King, the Board transferred $3,000 from the Bermuda District Improvement Fund and $3,000 from the Matoaca District Improvement Fund (total of $6,000) to The Shepherd's Center of Chesterfield. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.6.c. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO MAKE REPAIRS TO THE GRAND PIANO IN THE CHORAL DEPARTMENT AT MIDLOTHIAN HIGH SCHOOL On motion of Mr. Warren, seconded by Mr. King, the Board transferred $2,500 from the Midlothian District Improvement Fund to the School Board to make repairs to the grand piano in the choral department at Midlothian High School. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.6.d. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO HENRICUS FOUNDATION TO PURCHASE KITCHEN EQUIPMENT FOR THE ORDINARY BUILDING AT HENRICUS HISTORICAL PARK On motion of Mr. Warren, seconded by Mr. King, the Board transferred $10,000 from the Bermuda District Improvement Fund to Henricus Foundation to purchase kitchen equipment for the Ordinary Building at Henricus Historical Park. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.7. ACCEPTANCE OF A GRANT AWARDED BY THE DEPARTMENT OF MOTOR VEHICLES FOR THE FY2008 HIGHWAY SAFETY PROJECT GRANT, KNOWN LOCALLY AS ENFORCING TRANSPORTATION SAFETY IN CHESTERFIELD COUNTY On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Police Department to accept and appropriate the award from the Virginia Department of Motor Vehicles, Highway Safety Project Grant, in the amount of $88,650, and authorized the County Administrator to execute all documents. (It is noted the required $17,730 in-kind local match has been identified within the department's operating budget.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. ~ -Dr S.c.S. SET DATES FOR PUBLIC HEARINGS S.C.S.b. TO CONSIDER CONVEYANCE OF 3.44 ACRES OF PROPERTY LOCATED ON REYCAN ROAD IN THE CHESTERFIELD COUNTY INDUSTRIAL AIRPARK TO COURTHOUSE III, LLC On motion of Mr. Warren, seconded by Mr. King, the Board set the date of October 10, 2007 at 6:30 p.m. for the Board to consider the conveyance of a 3.44 -acre parcel located on Reycan Road in the Industrial Airpark to Courthouse III, LLC. ,-' Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. S.C.8.c. TO CONSIDER FY2009 ENHANCEMENT PROJECTS On motion of the date of hearing for Projects. Mr. Warren, seconded by Mr. King, the Board set October 10, 2007 at 6:30 p.m. for a public the Board to consider FY2009 Enhancement Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.8.e. TO CONSIDER AN AMENDMENT TO SUBSTANTIAL ACCORD DETERMINATION On motion of Mr. Warren, seconded by Mr. King, the Board set the date of October 10, 2007 at 6:30 p.m. for the Board to consider a zoning ordinance amendment relating to substantial accord determinations. - Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. S.C.9. AWARD OF ARCHITECTURAL AND ENGINEERING CONTRACT WITH DAVIS BUCKLEY ARCHITECTS FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR HISTORICAL PROPERTIES On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to execute a requirements contract with Davis Buckley Architects for architectural and engineering services to provide long-term preservation recommendations and project documents for historical properties. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. -- a.C.lO. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE CONSTRUCTION CONTRACTS a.C.lO.a. FOR GOYNE PARK AND ECOFF ATHLETIC COMPLEX RENOVATIONS WITH R.J. SMITH GENERAL CONTRACTORS On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to execute a construction contract with R. J. Smith General Contractors, in the amount - of $581,280, for work at Goyne Park and Ecoff Athletic Complex. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. a.C.10.b. FOR CHESTER MIDDLE SCHOOL BALLFIELD EXPANSION AND RELOCATION WITH INTERSTATE CONSTRUCTION COMPANY On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to execute a construction contract with Interstate Construction Company, in the amount of $449,029, for work at Chester Middle School for the expansion and relocation of ballfields. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. a.C.11. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE CHANGE ORDER #1 FOR ROCKWOOD PARK TRAIL REPAIRS On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to execute Change Order #1 with Ty's Hauling and Paving Incorporated, in the amount of $83,128.401 for additional paving work at Rockwood Park. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.12. AWARD OF CONTRACT WITH MERCURY ASSOCIATES, INCORPORATED TO CONDUCT AN AUTOMOTIVE VEHICLE AND RADIO SHOP FEASIBILITY STUDY On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to execute a contract with Mercury Associates, Incorporated, in the amount of $117,645, to conduct a Fleet Management Maintenance and Radio Shop Feasibility Study. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.13. STATE ROAD ACCEPTANCE On motion of Mr. Warren, seconded by Mr. King, the Board :::>r'lroY'lt-or'l t-'ho -Froll rot.1; T1f'T -roC!rol "t-; ron. WHEREAS, the streets recorded in the Clerk's Chesterfield CountYi and described below are shown on plats Office of the Circuit Court of WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the virginia this Board the the Subdivision Department of -' NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. AND I BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the virginia Department of Transportation. Project: Sycamore Springs at Southbend Tvpe ChanQe to the Secondary Svstem of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia ~33.1-229 Street Name and/or Route . Sycamore Springs Drive, State Route Number 7215 --/ From: Bermuda Orchard Ln" (Rt 828) To: Sycamore Springs Ct, (Rt 7216), a distance of: 0,04 miles, Recordation Reference: Pb, 158, Pg, 90 Right of Way width (feet) = 50 . Sycamore Springs Court, State Route Number 7216 From: Sycamore Springs Dr-, (Rt 7215) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb, 158, Pg, 90 Right of Way width (feet) = 50 . Sycamore Springs Drive, State Route Number 7215 From: Sycamore Springs Ct, (Rt 7216) To: Sulphur Springs TL, (Rt 7217), a distance of: 0.14 miles, Recordation Reference: Pb, 158, Pg, 90 Right of Way width (feet) = 50 . Sulphur Springs Terrace, State Route Number 7217 From: Sycamore Springs OL, (Rt 7215) - To: Cul-de-sac, a distance of: 0,07 miles, Recordation Reference: Pb, 158, Pg, 90 Right of Way width (feet) = 50 · Sulphur Springs Terrace, State Route Number 7217 From: Sycamore Springs Dr" (Rt. 7215) Recordation Reference: Pb, 158, Pg, 90 Right of Way width (feet);;; 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Beulah Oaks, Section 2 Tvpe Chanae to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia ~33.1-229 Street Name and/or Route . Beulah Oaks Lane, State Route Number 5927 From: 0,04 mL N of Stately Oak Rd., (Rt 5926) To: Beulah Oaks CL, (Rt 7227), a distance of: 0,02 miles, Recordation Reference: Pb. 153, Pg, 56 Right of Way width (feet) = 44 . Beulah Oaks Circle, State Route Number 7227 From: Beulah Oaks Ln" (Rt 5927) 0.05 mL E of Beulah Oaks Ln" (Rt 5927), a distance of: 0,05 miles. To: Recordation Reference: Pb, 153, Pg, 56 . Right of Way width (feet) = 44 Beulah Oaks Circle, State Route Number 7227 From: Beulah Oaks CL, (Rt 7227) To: Beulah Oaks CL, (Rt 7227), a distance of: 0.08 miles, Recordation Reference: Pb, 153, Pg, 56 Right of Way width (feet) = 44 . Beulah Oaks Lane, State Route Number 5927 From: Beulah Oaks CL, (Rt 7227) Watchlight Rd., (Rt 2372), a distance of: 0.16 miles. To: Recordation Reference: Pb. 153, Pg. 56 Right otWay width (teet) = 45 . Watchlight Road, State Route Number 2372 From: Beulah Oaks Ln" (Rt. 5927) To: 0.04 mL N of Beulah Oaks Ln" (Rt. 5927), a distance of: 0,04 miles, Recordation Reference: Pb. 153, Pg. 56 Right of Way width (feet) = 53 . Beulah Oaks Lane, State Route Number 5927 From: Watch light Rd" (Rt 2372) To: Cul-de-sac, a distance of: 0,07 miles. -' Recordation Reference: Pb, 153, Pg, 56 Right of Way width (feet) = 44 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described/ and any drainage. - AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Armistead Village, Section B Type Chanae to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia ~33.1-229 Street Name and/or Route . Agee Lane, State Route Number 7066 From: 0.07 mL NE of Cohen TL, (Rt. 7065) To: Agee TL, (Rt. 7206), a distance of: 0,03 miles. Recordation Reference: Pb. 153, Pg, 67 Right of Way width (feet) = 44 . Nicolay Way, State Route Number 7135 --' From: 0,05 mL N of Nicolay Ct., (Rt. 7136) To: Agee Tr., (Rt. 7206), a distance of: 0,03 miles. Recordation Reference: Pb, 153, Pg. 67 Right of Way width (feet) = 44 . Agee Terrace, State Route Number 7206 From: Agee Ln., (Rt. 7066) Recordation Reference: Pb, 153, Pg, 67 Right of Way width (feet) = 44 · Agee Terrace, State Route Number 7206 From: Agee Ln" (Rt 7066) To: Nicolay Wy" (Rt 7135), a distance of: 0,05 miles, Recordation Reference: Pb, 153, Pg. 67 Right of Way width (feet) = 44 · Agee Terrace, State Route Number 7206 From: Nicolay Wy., (Rt 7135) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb. 153, Pg, 67 Right of Way width (feet) = 44 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Tarrington, Section 7 Tvpe Chanae to the Secondary Svstem of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia ~33.1-229 Street Name and/or Route . Ashwell Drive, State Route Number 5843 From: 0,03 mL E of Grantley Ct, (Rt. 7124) To: Elmstone Rd" (Rt. 7237), a distance of: 0.03 miles, Recordation Reference: Pb, 160, Pg. 76 Right of Way width (feet) = 50 . Elmstone Road, State Route Number 7237 From: Ashwell Dr-, (Rt. 5843) To: Cul-de-sac, a distance of: 0,09 miles, Recordation Reference: Pb. 160, Pg. 76 Right of Way width (feet) = 40 . Ashwell Drive, State Route Number 5843 From: Elmstone Rd" (Rt. 7237) To: Temp EOM, a distance of: 0,01 miles. Recordation Reference: Pb. 160, Pg, 76 Right of Way width (feet) = 50 Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. - 8.C.14. EXECUTE A CONSTRUCTION CONTRACT FOR MIDLOTHIAN HIGH SCHOOL FOOTBALL AND SOCCER PRACTICE FIELD SPORTS LIGHTING On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to execute a construction contract with Icon Sign and Lighting, in the amount of $152,556, for work at Midlothian High School to install sports lighting on the football and soccer practice field. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.15. APPROVAL OF SEWER CONTRACT FOR WALTHALL INDUSTRIAL PARKWAY SANITARY SEWER EXTENSION PROJECT On motion of Mr. Warren, seconded by Mr. King, the Board approved the following sewer contract for Walthall Industrial Parkway Sanitary Sewer Extensionl Contract Number 07-0086, which includes 1,977 L.F. + of 12-inch offsite/oversized wastewater lines: ..--' Developer: Contractor: Sina 05, LLC Buchannan & Rice Contractors, Inc. Contract Amount: Estimated County Cost for Offsite. . Estimated County Cost for Oversizing Estimated Developer Cost Estimated Total. . . . . . $60,826.00 $10,650.00 $151,735.00 $223,211.00 Code: (Refunds thru Connections - Offsite) (Cash Refund - Oversizing) 5N-S72VO-E4D 5N-572WO-E4C District: Bermuda (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. -- 8.C.16. REQUESTS FOR PERMISSION 8.C.16.a. FROM SAMUEL T. ATKINSON, ET ALS FOR A GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS EPIC ROAD On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Samuel T. Atkinson, et als, for permission for a gravel driveway to encroach within a 50-foot unimproved county right of way known as Epic Road, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.b. FROM BEST LOCATIONS, LLC FOR A CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT ACROSS PROPERTY AT 5201 COMMONWEALTH CENTRE PARKWAY On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Best Locations, LLC for permission for a concrete dumpster pad to encroach within a 16-foot easement across property at 5201 Commonwealth Centre Parkway, subj ect to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.c. FROM STEPHEN N. AND JENNIFER M. CHURCHILL FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 44, BERKLEY VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Stephen N. Churchill and Jennifer M. Churchill for permission for a proposed fence to encroach within an 8-foot easement across Lot 44, Berkley Village, Section A at Charter Colony f subj ect to the execution of a license agreement. (It is noted a coy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.d. FROM JAY C. EDWARDS, III AND ERICA J. EDWARDS FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 73, HARTLEY VILLAGE AT CHARTER COLONY On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Jay C. Edwards, III and Erica J. Edwards for permission for a proposed fence to encroach within an 8-foot easement across Lot 73, Hartley Village at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.e. FROM DAVID L. FORD AND JANINE L. FORD FOR AN EXISTING FENCE TO ENCROACH WITHIN A TWENTY-FOOT DRAINAGE EASEMENT AND A TWENTY-FOUR-FOOT DRAINAGE EASEMENT ACROSS LOT 23, CYPRESS WOODS, SECTION 2 '-' On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from David L. Ford and Janine L. Ford for permission for an existing fence to encroach within a 20-foot drainage easement and a 24-foot drainage easement across Lot 23, Cypress Woods, Section 2, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.f. FROM KEITH A. AND MELISSA L. HARPOOL FOR AN EXISTING FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A THIRTY-FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 40, HARTLEY VILLAGE AT CHARTER COLONY --'" On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Keith A. Harpool and Melissa L. Harpool for permission for an existing fence to encroach within an 8-foot easement and a 30-foot temporary construction easement across Lot 40, Hartley Village at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.g. FROM ALLEN AND MARGARET KIDD TO INSTALL PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON NORTH ARCH ROAD On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Allen Kidd and Margaret Kidd for permission to install private sewer service within a private easement to serve property at 232 North Arch Road, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) - Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.h. FROM BARNEY MCLAUGHLIN TO INSTALL PRIVATE SEWER AND WATER SERVICES WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON RICHMOND STREET - On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Barney McLaughlin for permission to install private sewer and water services within a private easement to serve property at 12421 Richmond Street, and authorized the County Administrator to execute the sewer and water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.i. FROM ROBERT J. AND KAREN A. MEISTER FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 53, HARTLEY VILLAGE AT CHARTER COLONY On motion of Mr. Warren, seconded by Mr. King I the Board approved a request from Robert J. Meister and Karen A. Meister for permission for a proposed fence to encroach four feet into a 16-foot drainage easement across Lot 53, Hartley Village at Charter Colony, subj ect to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.j. FROM MESHA MENDENHALL MOTT FOR AN EXISTING FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 28, TANNER VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Mesha Mendenhall Mott for permission for an existing fence to encroach within an 8-foot easement and a 16-foot drainage easement across Lot 28, Tanner Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. - 8.C.16.k. FROM FRANKLIN M. SHEFFIELD, JR. AND BEVERLY L. SHEFFIELD TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON HAPPY HILL ROAD On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Franklin M. Sheffield, Jr. and Beverly L. Sheffield for permission to install a private water service within a private easement to serve property at 14011 Happy Hill Road, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.1. FROM GARY A. AND AMY L. TERRILL FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 40, GLENMORE VILLAGE, SECTION A AT CHARTER COLONY -- On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Gary A. Terrill and Amy L. Terrill for permission for a proposed fence to encroach within an 8- foot easement across Lot 40, Glenmore Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.16.m. FROM DONNA E. WALTERS TO INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTY-FOOT UNIMPROVED RIGHT OF WAY TO SERVE PROPERTY ON TAP LOW ROAD On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Donna E. Walters for permission to install a private water service within a 50-foot unimproved right of way to serve property at 11801 Taplow Road, subject to the execution of a license agreement, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) '- Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.17. ACCEPTANCE OF PARCELS OF LAND 8.C.17.a. FOR THE EXTENSION OF TEMIE LEE PARKWAY AND SAINT ELIZABETH DRIVE FROM LINWOOD ELTON BOTTOMS, JR. AND KEVIN M. BOTTOMS On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 1.426 acres for the extension of Temie Lee Parkway and Saint Elizabeth Drive from Linwood Elton Bottoms, Jr. and Kevin M. Bottoms, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) ---", Ayes: Nays: Abs~nt-, King, Humphrey, Sowder and Warren. None. Mill""y- 8.C.17.b. ALONG CANASTA DRIVE FROM CYNTHIA W. AND STEVE WAYNE BRICKELL On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.02 acres along Canasta Drive (State Route 742) from Cynthia W. and Steve Wayne Brickell, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.17.c. FOR AN EXTENSION OF MAGNOLIA COVE CIRCLE FROM MARY W. COLE On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.238 acres from Mary W. Cole, for an extension of Magnolia Cove Circle, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.17.d. ALONG RIVER ROAD FROM RICHARD AND BELINDA CROWDER On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.11 acres along River Road (State Route 602) from Richard and Belinda Crowder, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.17.e. ALONG CANASTA DRIVE AND IRON BRIDGE ROAD FROM JHM, L.L.C. On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of three parcels of land containing a total of 0.36 acres along Canasta Drive (State Route 742) and Iron Bridge Road (State Route 10) from JHM, L.L.C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.17.f. ALONG OLD OTTERDALE ROAD FROM OPEN DOOR BAPTIST CHURCH On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.920 acres along Old Otterdale Road (State Route 667) from Open Door Baptist Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. '~--,' 8.C.17.g. FOR AN EXTENSION OF MAGNOLIA COVE CIRCLE FROM RICHARD M. ALLEN REVOCABLE LIVING TRUST On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.350 acres from Richard M. Allen Revocable Living Trust for an extension of Magnolia Cove Circle, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.17.h. FOR AN EXTENSION OF MAGNOLIA COVE CIRCLE FROM TASCON-IRONBRIDGE, L.L.C. - On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 2.059 acres from Tascon-Ironbridge, L.L.C. for an extension of Magnolia Cove Circle, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.17.i. ADJACENT TO WATKINS CENTRE PARKWAY FROM WATKINS LAND, L.L.C. On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 1.877 acres adjacent to Watkins Centre Parkway from Watkins Land, L. L. C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) -- Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.19. AUTHORIZATION TO EXECUTE A GRADE SEPARATION STRUCTURE AGREEMENT On motion authorized separation Department subject to of Mr. Warren, seconded by Mr. King, the Board the County Administrator to execute a grade structure agreement with both the Virginia of Transportation and Magnolia Green Associates, approval by the County Attorney's Office. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.20. CONVEYANCE OF EASEMENTS TO COLUMBIA GAS OF VIRGINIA, INCORPORATED 8.C.20.a. TO PROVIDE SERVICE TO ELIZABETH N. SCOTT ELEMENTARY SCHOOL AND ELIZABETH DAVIS MIDDLE SCHOOL On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas of virginia, Incorporated to provide service to Elizabeth N. Scott Elementary School and Elizabeth Davis Middle School. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.20.b. ACROSS COUNTY PROPERTY TO SERVE THE JUVENILE AND DOMESTIC RELATIONS COURT On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas of Virginia, Incorporated across county property to serve the Juvenile and Domestic Relations Court. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.20.c. FOR RELOCATION OF GAS LINE AT PROCTORS CREEK WASTEWATER TREATMENT PLANT - On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas of Virginia, Incorporated for relocation of the gas line at the Proctors Creek Wastewater Treatment Plant, and authorized the County Administrator to execute the relocation agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.20.d. TO PROVIDE SERVICE TO WINTERPOCK ELEMENTARY SCHOOL On motion of Mr. Warren, seconded by Mr. King I the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas of Virginia, Incorporated to provide service to Winterpock Elementary School. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. -' 8.C.21. REQUESTS TO QUITCLAIM 8.C.21.a. A SIXTEEN-FOOT WATER EASEMENT AND PORTIONS OF SIXTEEN-FOOT AND TWENTY-FOOT SEWER EASEMENTS ACROSS THE PROPERTY OF EDCO, L.L.C. On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16-foot water easement and portions of 16-foot and 20-foot sewer easements across the property of EDCO, L.L.C. (It is noted copies of the plats are filed with the papers of this Board. ) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. -' 8.C.21.b. A THIRTY-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF WATKINS LAND, L.L.C. On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 30-foot sewer easement across the property of Watkins Land, L.L.C. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.21.c. THIRTY-FOOT SEWER EASEMENTS ACROSS THE PROPERTY OF BEP LIMITED PARTNERSHIP On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate 30 - foot sewer easements across the property of BEP Limited Partnership. (It is noted a copy of the plat is filed with the papers of this Board.) -- Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. )J 8.C.21.d. A THIRTY-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF GRAY LAND AND DEVELOPMENT COMPANY, LLC On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 30-foot sewer easement across the property of Gray Land and Devel~pment.Company, L.L.C. (It is noted copies of the plats are flIed wlth the papers of this Board.) Ayes: King/ Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.21.e. A THIRTY-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF DANIEL S. AND MARIE RICE WATKINS On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 30-foot sewer easement across the property of Daniel S. and Marie Rice Watkins. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. 8.C.22. CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INCORPORATED FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO WINTERPOCK ELEMENTARY SCHOOL On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Incorporated for underground cable to provide service to Winterpock Elementary School. (It is noted copies of the plats are filed with the papers of this Board. ) Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. a.C.23. EXTEND THE TIMB FOR THE IMPACT FEE ORDINANCE ADVISORY COMMITTEE TO MAKE A RECOMMENDATION ON A PROPOSED IMPACT FEE ORDINANCE On motion of Mr. Warren, seconded by Mr. King, the Board extended the time for the Impact Fee Ordinance Advisory Committee to make a recommendation on a proposed impact fee ordinance until October 17, 2007. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. "~ - ... The following item was removed from the consent agenda for public comment: 8.C.24. ALLOCATION OF $250,000 FROM THE UTILITY INDUCEMENT FUND TO PAY FOR EXTENDING EXISTING PUBLIC WASTEWATER LINES TO ACCOMMODATE FOR THE DEVELOPMENT OF MEADOWVILLE TECHNOLOGY PARK Mr. George Beadles expressed concerns relative to the funds being used to attract businesses to the Meadowville Technology Park and stated he hopes that, after this allocation, no more money be spent tor water or sewer at Meadowville Technology Park. He also expressed concerns relative to adding items to the agenda at the last minute. - No one else came forward to speak to the issue. On motion of Mr. King, seconded by Mr. Sowder, the Board approved a $250,000 allocation from the Utility Inducement Funds to design and install the wastewater lines to properties on the south side to Meadowville Road and west of North Enon Church Road; waived the requirement to post a performance bond; and authorized the County Administrator to execute any necessary documents. Ayes: King, Humphrey, Sowder and Warren. Nays: None. Absent: Miller. Mr. Miller returned to the meeting. The following items were removed from the consent agenda for Board discussion: ---. a.C.1a. APPROVAL OF FY2009 PRIORITY LIST OF PRIMARY AND INTERSTATE NEEDS Mr. Sowder stated staff should do anything possible to acquire additional funding for the Meadowville Interchange. On motion of Mr. Sowder, seconded by Mr. Warren, the Board approved the recommended FY2009 priority list of highway projects and letter regarding Chesterfield's primary and interstate road needs and directed staff to forward this information to the county's Congressional and state legislative delegations and the Commonwealth Transportation Board. (It is noted a copy of the priority list of highway projects is filed with the papers of this Board.) And, further, the Board encouraged staff to use all resources available to seek additional funding from any available source for the Meadowville Technology Interchange. ,-' Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. a.C.a.a. TO CONSIDER PROPOSED AMENDMENTS TO COUNTY CODE SECTIONS 19-65 AND 19-124 RELATING TO THE OPERATION OF MOTORCYCLES, ATVS AND GO-CARTS ON AGRICULTURAL AND RESIDENTIAL PROPERTY Mrs. Humphrey suggested that the Board consider scheduling this public hearing for November 14ili instead of October 24ili On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board set the date of November 14, 2007 at 6:30 p.m. for a public hearing to consider proposed amendments to County Code Sections 19-65 and 19-124 relating to the operation of motorcycles, ATVs and go-carts on Agricultural and Residential property. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. a.C.a.d. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT SUBDIVISION REVIEW FEES Mrs. Humphrey suggested that the Board consider scheduling this public hearing for November 14th instead of October 24th. On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board set the date of November 14, 2007 at 6:30 p.m. for a public hearing for the Board to consider proposed adjustments to Planning Department subdivision review fees. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 9 . REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM 9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CLEARWIRE US LLC (CASE 08PDOl12) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED ON THE WEST LINE OF SALEM CHURCH ROAD, NORTH OF BELLMEADOWS ROAD 9.E. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR NEW CINGULAR WIRELESS PCS, LLC (CASE 07PD0415) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED IN THE NORTHEAST QUADRANT OF INTERCHANGE OF ROUTE 288 AND NORTH WOOLRIDGE ROAD On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the following reports: a Report on Developer Water and Sewer Contracts; a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; a Report of Planning Commission Substantial Accord Determination for Clearwire US LLC (Case 08PDOl12) to Co- locate an Antenna on a Virginia Power Structure Located on the West Line of Salem Church Road, North of Bellmeadows Road; and a Report of Planning Commission substantial Accord Determination for New Cingular Wireless PCS, LLC (Case 07PD0415) to Co-locate an Antenna on a Virginia Power Structure Located in the Northeast Quadrant of Interchange of Route 288 and North Woolridge Road. And, further, the following roads were accepted into the State Secondary System: ,-' ADDITION LENGTH ASHINGTON @ STONEHENGE (Effective 7/31/2007) Ashington Place (Route 7189) - From Farnham Drive (Route 2561) to Ashington Way (Route 7188) 0.03 Mi. Ashington Place (Route 7189) - From Ashington Way (Route 7188) to Cul-de-sac 0.04 Mi. Ashington Way (Route 7188) - From Farnham Drive (Route 2561) to Ashington Place (Route 7189) o . 10 Mi. CHESDIN SHORES, SECTION 4 (Effective 7/31/2007) Chesdin Green Way (Route 4496) - From Marsh Elder Court (Route 7203) to River Otter Court (Route 7202) 0.16 Mi. Chesdin Green Way (Route 4496) - From Chesdin Shores Drive (Route 5487) to Marsh Elder Court (Route 7203) '- 0.25 Mi. Chesdin Green Way (Route 4496) - From River Otter Court (Route 7202) to 0.13 mile south of River Otter Court (Route 7202) o . 13 Mi. Chesdin Shores Drive (Route 5487) - From Chesdin Green Way (Route 4496) to temporary end of maintenance 0.01 Mi. Chesdin Shores Drive (Route 5487) - From River Otter Road (Route 7201) to Chesdin Green Way (Route 4496) 0.20 Mi. Chesdin Shores Drive (Route 5487) - From 0.11 mile west of Chesdin Shores Place (Route 5489) to River Otter Road (Route 7201) 0.24 Mi. Marsh Elder Court (Route 7203) - From Chesdin Green Way (Route 4496) to Cul-de-sac 0.16 Mi. '- River Otter Court (Route 7202) - From Chesdin Green Way (Route 4496) to Cul-de-sac 0.20 Mi. River Otter Road (Route 7201) - From Chesdin Shores Drive (Route 5487) to Chesdin Way (Route 4496) 0.43 Mi. COLLINGTON, SECTION 6 (Effective 7/31/2007) Brading Lane (Route 5991) - From Collington Drive (Route 5989) to Hockliffe Lane (Route 7139) 0.04 Mi. Brading Lane (Route 5991) - From Hockliffe Lane (Route 7139) to Shipborne Road (Route 7141) 0.23 Mi. Brading Lane (Route 5991) - From Shipborne Road (Route 7141) to temporary end of maintenance 0.02 Mi. Collington Circle (Route 7138) - From Collington Drive (Route 5989) to Collington Drive (Route 5989) 0.07 Mi. Collington Drive (Route 5989) - From Paddock Wood Drive (Route 5999) to Collington Circle (Route 7138) 0.08 Mi. Collington Drive (Route 5989) - From Collington Circle (Route 7138) to Brading Lane (Route 5991) 0.09 Mi. Collington Drive (Route 5989) - From Brading Lane (Route 5991) to temporary end of maintenance 0.03 Mi. Collington Drive (Route 5989) - From Collington Circle (Route 7138) to Collington Circle (Route 7138) 0.04 Mi. Hockliffe Lane (Route 7139) - From Shipborne Road (Route 7141) to temporary end of maintenance 0.01 Mi. Hockliffe Lane (Route 7139) - From Hockliffe Loop (Route 7140) to Shipborne Road (Route 7141) 0.05 Mi. Hockliffe Lane (Route 7139) - From Hockliffe Loop (Route 7140) to Hockliffe Loop (Route 7140) 0.02 Mi. Hockliffe Lane (Route 7139) - From Brading Lane (Route 5991) to Hockliffe Loop (Route 7140) 0.07 Mi. Hockliffe Loop (Route 7140) - From Hockliffe Lane (Route 7139) to Hockliffe Lane (Route 7139) 0.05 Mi. Shipborne Road (Route 7141) - From Brading Lane (Route 5991) to Hockliffe Lane (Route 7139) 0.11 Mi. COLLINGTON, SECTION 7 (Effective 7/31/2007) Collington Court (Route 6009) - From 0.02 mile east of Collington Drive (Route 5989) to Cul-de-sac 0.05 Mi. Collington Drive (Route 5989) - From 0.01 mile south of Collington Court (Route 6009) to Wooferton Drive (Route 7155) 0.15 Mi. Collington Drive (Route 5989) - From Wooferton Drive (Route 7155) to Cul-de-sac 0.05 Mi. Wooferton Court (Route 7156) - From Wooferton Drive (Route 7155) to Cul-de-sac 0.09 Mi. Wooferton Drive (Route 7155) - From Wycombe Road (Route 7154) to Wooferton Court (Route 7156) 0.06 Mi. Wooferton Drive (Route 7155) - From Wycombe Road (Route 7154) to temporary end of maintenance 0.02 Mi. Wooferton Drive (Route 7155) - From Wooferton Court (Route 7156) to Collington Drive (Route 5989) 0.06 Mi. Wycombe Road (Route 7154) - From Springford Parkway (Route 5717) to Wooferton Drive (Route 7155) '- 0.16 Mi. COLLINGTON, SECTION 4 Ashleyville Lane (Route 5995) - From Redwick Drive (Route 7132) to 0.03 mile south of Brading Lane (Route 5991) 0.11 Mi. Ashleyville Lane (Route 5995) - From Redwick Drive (Route 7132) to temporary end of maintenance 0.01 Mi. Ashleyville Mews (Route 7137) - From Ashleyville Lane (Route 5995) to temporary end of maintenance 0.01 Mi. Haveridge Court (Route 7131) - From Haveridge Drive (Route 5993) to Cul-de-sac 0.03 Mi. Haveridge Drive (Route 5993) - From Redwick Drive (Route 7132) to Haveridge Court (Route 7131) 0.05 Mi. Haveridge Drive (Route 5993) - From Haveridge Court (Route 7131) to 0.03 mile south of wivenhaust Road (Route 5994) 0.02 Mi. --' Redwick Drive (Route 7132) - From Collington Drive (Route 5989) to Haveridge Drive (Route 5993) o . 03 Mi. Redwick Drive (Route 7132) - From Haveridge Drive (Route 5993) to Ashleyville Lane (Route 5995) 0.07 Mi. KINGSLAND GLEN, SECTION 3 (Effective 7/31/2007) Manassas Court (Route 7197) - From Manassas Drive (Route 7195) to Cul-de-sac o . 04 Mi. Manassas Drive (Route 7195) - From Manassas Court (Route 7197) to Cul-de-sac 0.07 Mi. Manassas Drive (Route 7195) - From Manassas Terrace (Route 7196) to Cul-de-sac 0.12 Mi. Manassas Drive (Route 7195) - From Shannon County Drive (Route 7194) to Manassas Court (Route 7197) o . 03 Mi. - Manassas Drive (Route 7195) - From Shannon County Drive (Route 7194) to Manassas Terrace (Route 7196) 0.03 Mi. Manassas Terrace (Route 7196) - From Manassas Drive (Route 7195) to Cul-de-sac 0.04 Mi. Shannon County Drive (Route 7194) - From Kingsland Glen Drive (Route 5445) to Manassas Drive (Route 7195) 0.09 Mi. RED FERN STATION (Effective 7/26/2007) Red Fern Court (Route 7190) - From Woolridge Road (Route 668) to Cul-de-sac o . 14 Mi. ROCKWOOD TERRACE TOWNHOMES (Effective 7/31/2007) Dylan Drive (Route 7143) - From 0.05 mile east of Price Club Boulevard (Route 906) to Cul-de-sac 0.09 Mi. Dylan Drive (Route 7143) - From Price Club Boulevard (Route 906) to 0.05 mile east of Price Club Boulevard (Route 906) o . 05 Mi. SOVEREIGN GRACE DRIVE (Effective 7/16/2007) Sovereign Grace Drive (Route 7165) - From Charter Colony Parkway (Route 950) to temporary end of maintenance o . 18 Mi. STOCKLEIGH, SECTION 2 (Effective 7/31/2007) Stockleigh Drive (Route 7199) - From Stockleigh Lane (Route 7200) to Cul-de-sac o . 14 Mi. Stockleigh Drive (Route 7199) - From Longmeadow Circle (Route 5131) to Stockleigh Lane (Route 7200) 0.07 Mi. Stockleigh Lane (Route 7200) - From Stockleigh Drive (Route 7199) to temporary end of maintenance o . 10 Mi. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Andrea Epps expressed appreciation to Ms. Elko for her outstanding service as Clerk to the Board of Supervisors. 11. CLOSED SESSION, PURSUANT TO SECTION 2.2-3711(A) (1), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS POTENTIAL REPLACEMENTS FOR THE POSITION OF CLERK TO THE BOARD OF SUPERVISORS AND PURSUANT TO SECTION 2.2-3711(A) (5), CODE OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION CONCERNING A PROSPECTIVE BUSINESS IN THE COUNTY WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESS' INTEREST IN EXPANDING IN THE COUNTY Mrs. Elko stated staff is requesting that the Board suspend its rules at this time to replace Item 11, Closed Session, and to add discussion, pursuant to Section 2.2-3711 (A) (5) , n'7_QA~ Code of virginia, 1950, as amended, concerning a prospective business in the county where no previous announcement has been made of the business' interest in expanding in the county. On motion on of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to add to the closed session discussion concerning a prospective business in the county where no previous announcement has been made of the business' interest in expanding in the county. --..-.". Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board went into closed session pursuant to Section 2.2-3711(A) (1), Code of Virginia, 1950, as amended, to discuss potential replacements for the position of Clerk to the Board of Supervisors and pursuant to Section 2.2-3711(A) (5), Code of Virginia, 1950, as amended, for discussion concerning a prospective business in the county where no previous announcement has been made of the business' interest in expanding in the county. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Reconvening: On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted the following resolution: ~ WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information effective July 1, 1989 provides for certification that Closed Session was conducted in conformity with law. Act such NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. -- The Board being polled, the vote was as follows: Mr. Sowder: Mr. King: Mr. Warren: Mrs. Humphrey: Mr. Miller: Aye. Aye. Aye. Aye. Aye. 12. DINNER On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. - Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Reconvening: 13. INVOCATION Mr. Russell Harris gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Dallas Gilreath led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING OCTOBER 2007, AS "DOMESTIC VIOLENCE AWARENESS MONTH" IN CHESTERFIELD COUNTY Ms. Dickson introduced Ms. Patricia Jones-Turner, Domestic and Sexual Violence Resource Center Coordinator, and members of the Domestic Violence Task Force, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, violence in social problem affecting community and dramatically many citizens; and the home continues as a major all members of the family and reduces the quality of life for WHEREAS, we understand the problems of domestic violence occur among people of all ages and in families of all economic, racial, and social backgrounds; and WHEREAS, the crime of domestic violence violates an individual'S privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men and their children and our community as a whole; and WHEREAS, Chesterfield County is committed to supporting the well-being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and n7_A4A WHEREAS, only a coordinated and integrated effort, which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence, will put an end to the horrific crime. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield county Board of Supervisors, this 26thth day of September 2007 publicly recognizes October 2007, as ~Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic and Sexual Violence Resource Center, the Chesterfield Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our community. -" Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Mr. Miller presented the executed resolution to Ms. Jones- Turner and a Hispanic version of the resolution to Mr. Daniel Bunn, the county's Hispanic Domestic and Sexual Violence Outreach Worker, accompanied by members of the Domestic Violence Task Force, and expressed appreciation for the efforts of domestic violence service providers towards eliminating domestic violence. Ms. Jones-Turner thanked the Board domestic violence awareness efforts provided details of a public awareness Swift Creek Mill Dinner Theatre. for its support of in the county. She program being held at Ms. Teresa Jones, a member of the awareness program, provided details invited residents to attend the event. cast of her of the public character and -- 15.B. RECOGNIZING THE VIRGINIA ASIAN CHAMBER OF COMMERCE AND ITS CHAIRMAN, TINH DUC PHAN, FOR THE ORGANIZATION'S STRONG CONTRIBUTIONS TO THE ECONOMY OF VIRGINIA Mr. Kappel introduced Mr. Tinh Duc Phan, and members of the Asian Chamber of Commerce, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County ventures from allover the world, America, Europe and elsewhere; and has attracted business including Asia, South WHEREAS, Chesterfield County provides assistance to businesses of all sizes as they locate and prosper here; and WHEREAS, Chesterfield Chesterfield Chamber of Chamber of Commerce; the and others to collaborate County is proud to work Commerce; the Virginia Virginia Asian Chamber of for success; and wi th the Hispanic Commerce ,-",,' WHEREAS, Virginia As ian Chamber of Commerce Chairman Tinh duc Phan has ably led that body and been a strong and positive influence in the success of its members; and WHEREAS, the VACC represents business owners and operators from 37 different ethnic backgrounds; and WHEREAS, Chairman Phan helped shape the resolution passed by the Virginia General Assembly recognizing Asian New Year observances; and WHEREAS, Virginia I s Asian and communities total more than 350,000 people $4.4 billion to the state's economYi and Pacific-American and contribute WHEREAS, the VACC, in 2000, ranked eighth in the top 10 states in the United States in the number of Asian-owned businesses; and WHEREAS, the strong and positive relationship between the VACC and Chesterfield County contribute to economic strength and diversity that benefit all Virginians; and WHEREAS, under the leadership of Mr. Tinh duc Phan, the VACC has conducted and participated in seminars, business forums, conferences and a wide range of other programs for the benefits of its members. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of September 2007, publicly recognizes Chairman Tinh duc Phan for his outstanding leadership of the Virginia Asian Chamber of Commerce, for the many contributions he and that organization have made to the overall economic vitality of the region, and extends to Mr. Phan and the VACC best wishes for continued success. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Mr. Warren presented the executed resolution to Mr. Phan, accompanied by members of the Virginia Asian Chamber of Commerce, and commended the organization on its contributions to the economic development of Chesterfield County and the Commonwealth of Virginia. Mr. Phan expressed appreciation to the Board for the recognition and also to county staff for their support of the Asian business community. 15.C. RECOGNIZING MR. DALLAS JUDSON GILREATH UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Dallas Gilreath, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and 07-850 WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a tr~op, carrying out a service project beneficial to his communlty, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Dallas Judson Gilreath, Troop 2854, sponsored by The Church of Jesus Christ of Latter Day Saints, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and '- WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Dallas has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of September 2007, publicly recognizes Mr. Dallas Judson Gilreath, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Gilreath, accompanied by his parents, congratulated him on his outstanding achievements, and wished him well in future endeavors. '--" Mr. Gilreath provided details of his Eagle Scout project and expressed appreciation to the Police Academy for their assistance with his project. Mr. Miller stated, as Chairman, he is adding an item to the agenda at this time to recognize Mrs. Lisa Elko for her service as Clerk to the Board of Supervisors. 15.D. RECOGNIZING MRS. LISA ELKO FOR HER SERVICE AS CLERK TO THE BOARD OF SUPERVISORS On motion of the Board, the following resolution was adopted: WHEREAS, the Office of the Clerk to the Board of Supervisors provides professional support and communication to the Board of Supervisors, through administrative and records management functions, and serves as the vital link among Board members, citizens and other local entities; and ,- WHEREAS, Mrs. Lisa Elko has provided more of outstanding service to Chesterfield County, diligent and faithful service as Clerk to Supervisors since April 1999; and than 19 years including her the Board of n'7_QE::1 WHEREAS, prior to her appointment as cler~ Elko provided quality service as Secretary in the' A~~~~nting Department and as Staff Assistant in County Administration' and , - WHER~AS, Mrs. Elko has been instrumental in developing technolog~cal advancements to make disseminating information much more efficient and also initiated the creation of numerous additional informative documents currently provided by the Clerk's Office to assist citizens and employees; and WHEREAS, through Mrs. Elko's leadership, the Clerk's office has gained an excellent reputation as an information hub for the county; and WHEREAS, as a result performance, Mrs. Elko Administration's Employee of of her extraordinary job was selected as County the Year in 2000; and WHEREAS, having served on the county's Special Events Team for 16 years, Mrs. Elko was an integral part of the success of various ceremonies, groundbreakings, facility dedications and other special events during her tenure; and WHEREAS, Mrs. Elko assisted with organization of the County Administration Quality Council and co-chaired the team during its initial two years; and WHEREAS, Mrs. Elko was a member of the Emergency Operations Center for many years, placing the welfare of county residents above her own and that of her family during emergencies; and WHEREAS, Mrs. Elko achieved the designation of Certified Municipal Clerk in 2001 and was later accepted into the prestigious Master Municipal Clerk Academy Program; and WHEREAS, Mrs. Elko has been an active member of the Virginia Municipal Clerks Association, serving as Regional Director for a number of years and facilitating Chesterfield County's very successful hosting of the association's annual meeting in 2005; and WHEREAS, as a result of her positive attitude and the innovative ideas she provided to the association, Mrs. Elko's peers from around the state quickly discovered that she was a valuable resource, nominated her, and she was selected as VMCA's Clerk of the Year for 2004; and WHEREAS, Mrs. Elko has always rendered invaluable service to each member of the Board of Supervisors, enabling them to perform their duties more efficiently, and her many acts of kindness, her cheerful disposition and high degree of -- professionalism will be sorely missed by the Board and others, as she ends her service as Clerk to the Board of Supervisors to accept a new position. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors, this 26th day of September 2007, publicly recognizes Mrs. Lisa Elko for her outstanding service as Clerk to the Board of Supervisors and extends best wishes in her new endeavors. 07-852 BE IT FURTHER RESOLVED that a copy of this resol~~;n be presented to Mrs. Elko and that thi~ resolution be permanently recorded among the p,ape,rs, of thlS Board of Supervisors of Chesterfield County, Vlrglnla. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Mr. Miller presented the executed resolution to Mrs. Elko { accompanied by members of the Board, Mr. Micas and Mr. Stegmaier, and each of the Board members and Mr. Stegmaier -" expressed appreciation for all that she has done for the Board and for the county. Mrs. Elko expressed appreciation opportuni ty to serve as Clerk, and Stegmaier, and Deputy Clerk Janice directors for their support. to the also to Blakley Board for the Mr . Mi cas, Mr . and department A standing ovation followed. Mr. Miller stated, at this time, the Board will take up an item that involves replacement of the Clerk. On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to add an item to the agenda relative to appointment of Clerk to the Board of Supervisors. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. King made a motion, seconded by Mr. Warren, for the Board to suspend the rules at this time to allow for ~ nomination/appointment of the position of Clerk to the Board of Supervisors. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Stegmaier stated, under the Code of Virginia, the Board is responsible for appointment of the Clerk to the Board of Supervisors. He further stated it is a high honor when someone leaving their position has prepared an individual within their office to take over when they leave. He stated a number of the Board members have approached him about the candidacy of Mrs. Janice Blakley for the position as Clerk. He further stated Mrs. Blakley has generously offered to take on this responsibility, indicating that she has been a key member of the Clerk's office for many years. Mr. King nominated Mrs. Janice Blakley as Clerk to the Board of Supervisors. Mrs. Humphrey seconded the nomination. - Mr. Miller closed the nominations. Mr. Miller stated he cannot think of anyone who would be better suited to fill the shoes of Mrs. Elko. Mr. Miller called for the vote on the motion of Mr. King, seconded by Mrs. Humphrey, for the Board to simultaneously n'7_gl:;~ nominate/appoint Mrs. Janice Blakley as Clerk to the Board of Supervisors, effective October 8, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 Mr. Miller requested that Case 06SN0244 (H. H. Hunt Corporation) be moved to the end of the zoning agenda since he anticipates the discussion to be quite lengthy. 08SNOl12 In Bermuda Magisterial District, STONEY GLEN LLC requests amendment to rezoning (Case 02SN0186) and amendment of zoning district map relative to right of way dedication on Harrowgate Road. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51-4.0 units per acre. This request lies in a Residential (R-12) District on 143.2 acres fronting approximately 1,750 feet on the west line of Harrowgate Road across from Wellspring Road. Tax ID 791-641-1825. Mr. Turner stated the applicant has requested withdrawal of Case 08SNOl12, indicating that the applicant is not present, but has submitted a withdrawal request in writing. On motion of Mr. King, seconded by Mr. Warren, the Board acknowledged withdrawal of Case 08SNOl12. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0333 In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests rezoning and amendment of zoning district map from Residential (R-7), Neighborhood Business (C-2), Community Business (C-3), Regional Business (C-4) and General Business (C-5) to Regional Business (C-4) with Conditional Use to permit multifamily and townhouse uses plus Condi tional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 83 acres located in the southwest quadrant of Midlothian Turnpike and Chippenham Parkway, also fronting on the north line of Cloverleaf Drive and the northern terminus of Starview Lane. Tax IDs 764-705-3864, 6668 and 8227; 764-706-3159-00001 and 00002 and 8861-00001 and 00002; 764-707-6112-00001 and 00002; 765-704-2693; 765-705-4651, 5781, 7651 and 7962; 765-706- 07-854 --~- 1010-00001 and 00002, 4170, 6964, 8068 and 8842; and 765-707- 6600. Mr. Turner stated staff is requesting that the Board defer Case 07SN0333 until October 24, 2007, indicating that the case was double advertised, and the Planning Commission deferred the request until October 16, 2007. Mr. Miller called for public comment. No one came forward to speak to the deferral. - On motion of Mr. Sowder, seconded by Mr. King, deferred Case 07SN0333 until October 24, 2007. the Board Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0152 (Amended) In Matoaca Magisterial District, PATRICIA H. PATTON AND MICHAEL AND MYRNA T. MCCAFFERY request rezoning and amendment of zoning district map 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 mixed use corridor uses. This request lies on 12.5 acres fronting approximately 1,500 feet on the south line of Hull Street Road approximately 170 feet east of Mockingbird Lane. Tax ID 730-674-7150 and 731-674-2477. Mr. Turner presented a summary of Case 07SN0152 and stated the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the subject property lies within the Upper Swift Creek Plan geography, but the property drains to Swift Creek below the reservoir. -'" Mr. William Shewmake, representing the applicant, stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved Case 07SN0152 and accepted the following proffered conditions: 1. Water and Sewer. The public water and wastewater systems shall be used. (U) 2. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permi t has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) - 3. Dedication. sixty (60) Prior to any site plan approval or within days from a written request by the n'7_AI:;I:; Transportation Department, whichever occurs first, one hundred (100) feet of right-of-way along the south 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. (T) 4. Access. Direct vehicular access from the property to Hull Street Road (Route 360) shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) 5. Transportation. In conjunction with initial development of the property, additional pavement shall be constructed along the eastbound lanes of Route 360 to provide a separate right turn lane at the approved access. In conj unction with any development on the Parcel identified as Tax ID 730-674-7150, additional pavement shall be constructed along the eastbound lanes of Route 360 to provide an additional lane across the entire property frontage of that Parcel. The developer shall dedicate to Chesterf ield County, free and unrestricted, any additional right-of-way (or easements) required for these improvements. (T) 6. Open Basins. Any open basins required for water quanti ty or quality which are designed as wet ponds shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed on the Property. At the time of site plan submission, a plan depicting these requirements shall be submitted for review and approval. (P) 7. Parking Lot Lights. Freestanding parking shall not exceed twenty (20) feet in height. lot ( P) lights 8. Hours of Operation. Except for a bank ATM no use shall be open to the public between 12 midnight and 6:00 a.m. (P) 9. Elevation. Any building shall be constructed so that the lowest finished floor shall have a minimum elevation of 190.5 feet above sea level. (EE) 10. Square footage: No single tenant shall exceed thirty thousand gross feet. (P) 11. Prohibited Uses. permitted: The following uses shall not be a. b. hotels; and indoor flea markets. ( P) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0366 In Bermuda Magisterial District, CHESTERFIELD BOARD OF SUPERVISORS requests rezoning and amendment of zoning district map of 1.1 acres from Multifamily Residential (R-MF) 07-856 to Residential (R-12) with Conditional Use to permit two- family dwellings and Conditional Use Planned Devel~pment to permit exceptions to Ordinance requirements on thlS parcel and an adjacent 38.3 acres zoned Residential (R-7). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 7.01 to 10 units per acre. This request lies on 39.4 acres fronting approximately 1,000 feet on the south line of Drewrys Bluff Road west of Old Plantation Road, also fronting approximately 1,020 feet on the north line of Alcott Road across from Telbury Street. Tax IDs 789-679-2472, 2715 and 6083; 789-680-0739 and 5623; and 790-679-Part of 0806. - Mr. Turner presented a summary of Case 07SN0366 and stated the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Mr. Tom Jacobson, representing the applicant, stated the recommendation is acceptable. Mr. Miller called for public comment. Ms. Renee Eldred, President of the Bensley Civic Association, stated she supports the project and believes it will benefit the community. There being no one else to speak to the request, the public hearing was closed. On motion of Mr. King, seconded by Mr. Warren, the Board approved Case 07SN0366 and accepted the following proffered conditions: ~'" 1. Master Plan. The plan titled Winchester Forest Master Plan dated 5.3.07 and the Textual Statement dated 7.24.07, last revised August 9, 2007 shall be considered the Master Plan. (P) 2. Utili ties. The public water and wastewater systems shall be used, except for model home/ sales offices not in permanent dwellings and/or construction offices. (U) 3. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devises have been installed. (EE) 4. Density. The maximum number of dwelling units developed on the property shall be 105. Single-family attached units shall not exceed 36. (P) ..- 5. Lighting. Except for decorative lighting attached to a building, the maximum height of lampposts shall be 30 feet. Exterior lighting shall meet the requirements of the zoning Ordinance except that porch lights, lamps, decorative and period lighting that is in keeping the pedestrian oriented character of Winchester Forest shall be permitted. (P) 6. Open Space. At a minimum the folIo - - wing open space shall be provided: A. Within the Property a minimum of 30 percent, (12 acres) of the gross acreage shall be devoted to open space. B. Of this open space a minimum of 11 acres shall be preserved forest and a minimum of 1 acre shall be usable as recreational and social gathering areas including a centrally located focal point for community gatherings. C. Additional preserved covenants. forest within ( P) areas of the lots 2.5 acres will be through restrictive 7. Stormwater. Winchester Forest will retain the 2 -year and 10 -year post development runoff rates and release at the 2 year and 10 year pre development rate for that area that drains to the south-west to No Name Creek. This may be modified at time of plan revi.ew if a greater release rate has no affect on the flooding of Alcott Road, as it currently exists to the extent acceptable with the Chesterfield County Environmental Engineering Department. (EE) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0371 In Dale Magisterial District, HOLIDAY SIGNS, INC. requests amendment of Conditional Use Planned Development (Case 79SN0079) and amendment of zoning district map relative to signage. 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 uses. This request lies in a Neighborhood Business (C-2) District on 0.6 acre located in the northeast quadrant of Krause and Beach Roads. Tax ID 771-661-1256. Mr. Turner presented a summary of Case 07SN0371 and stated the Planning Commission and staff recommend approval. Mr. Allan Thweatt, representing the applicant, stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board approved Case 07SN0371. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07-858 07SN0373 In Bermuda Magisterial District, KCCCC, LLC requests Conditional Use and amendment of zoning district map to permit outdoor recreation and day care uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.5 dwelling units per acre or less. This request lies in an Agricultural (A) District on 3.6 acres and is known as 1101 Point of Rocks Road. Tax ID 821-642-4471. Mr. Turner presented a summary of Case 07SN0373 and stated the Planning Commission and staff recommend approval, subject to conditions and acceptance of the proffered conditions. Mr. Dean Hawkins, representing the applicant, stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mr. Warren, the Board approved Case 07SN0373, subject to the following conditions: 1. Statement, dated August 7, 2007, shall be considered the master plan. (P) 2. Except as stated in the Textual Statement and where the requirements of the underlying Agricultural (A) zoning are more restrictive, any new development for outdoor recreational and day care center use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth District Areas, excluding buffer requirements. (P) -' And, further, the Board accepted the following proffered conditions: 1. The uses permitted shall be limited to: a) Outdoor Recreational Establishments b) Picnic Shelters c) Meeting and Conference uses as an accessory to structures on the property. d) Daycare facility (P) 2. No outside public address system or speakers shall be permitted. (P) 3. No organized or sports association sanctioned athletic events (i.e. tournament play) shall be permitted. (P) -" 4. All Outdoor Recreational Establishment activities shall be limited to hours of operation of between 7 AM to 11 PM on Sunday through Thursday, and from 7 AM to 12 AM on Friday and Saturday. (p) 5. Daycare Facilities shall be limited to a building area of no more than 5,000 SF. Prior to the approval of any site plan for a daycare facility, the developer shall 07-859 submi t a noise study for review and approval by the Transportation Department. Costs associated with the noise study shall be the responsibility of the developer. The noise study shall determine the need, if any, for noise attenuation adjacent to Interstate 295 in accordance with Federal Highway Administration noise criteria with modifications approved by the Transportation Department. The developer shall be responsible for implementing any required mitigation measures. (p and T) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0376 In Midlothian Magisterial District, BON AIR ANIMAL HOSPITAL requests rezoning and amendment of zoning district map from Neighborhood Commercial (C-2) 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 light commercial use. This request lies on 0.6 acre fronting approximately 160 feet on the east line of McRae Road approximately seventy (70) feet south of West Huguenot Road. Tax ID 754-720-5612. Mr. Turner presented a summary of Case 07SN0376 and stated the Planning Commission and staff recommend approval and acceptance of one proffered condition. Dr. Gary Zavik, representing the applicant, stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mr. Sowder! seconded by Mrs. Humphrey, the Board approved Case 07SN0376 and accepted the following proffered condition: Uses shall be limited to those uses permitted by right or with restriction in the Neighborhood Business (C-2) District and veterinary hospitals without outside runs. (P) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 08SN0110 In Dale Magisterial District, REBECCA MORRISON requests renewal of temporary manufactured home permit 01SR0104 to park a manufactured home in a Residential (R-7) District. The density of this proposal is approximately l.43 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51-4.0 units per acre. This property is known as 4747 Cascade Street. Tax ID 778- 688-3715. Mr. Turner presented a summary of Case 08SN0110 and stated staff recommends approval, subject to conditions. 07-860 Ms. Rebecca Morrison stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mr. King, the Board approved Case 08SN0110, subject to the following conditions: 1. Rebecca Morrison shall be the owner and occupant of the manufactured home. (P) 2 . This temporary Manufactured Home for a period not to exceed two approval. (p) Permit shall be granted (2) years from date of 3. No permanent type Ii ving space may be added onto this temporary manufactured home. (p) 4. This temporary manufactured home must be skirted and shall not be placed on a permanent foundation. (P) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0298 In Dale Magisterial District, KEVIN L. FLOYD PE, LS requests rezoning and amendment of zoning district map from Agricul tural (A) to Residential (R-15). Residential use of up to 2.90 units per acre is permitted in a Residential (R- 15) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots, suited to R-88 zoning. This request lies on 51.2 acres fronting approximately 690 feet on the north line of Beach Road approximately 630 feet west of Gates Bluff Drive. Tax IDs 763-661-Part of 7607 and 764-662-Part of 3891 and 7481. - Ms. DarIa Orr presented a summary of Case 07SN0298 and stated the Planning Commission recommended approval of the rezoning and acceptance of the proffered conditions, indicating that the turn lane needs could best be addressed at the time of tentative subdivision review. She further stated, since the Commission's review of the case, the applicant has submitted a proffered condition to provide for a left turn lane into the proposed development at its location with Beach Road, indicating that this addresses the Transportation Department's concern and staff now supports the rezoning. She stated staff has received one letter of support for the request. She further stated the Planning Commission recommended approval of the waiver to street connectivity requirements to Heathside Drive; however, staff recommends denial of the waiver to street connectivity requirements to Heathside Drive, indicating that this can best be evaluated at the time of tentative subdivision review when additional details are available. -' Mr. Jim Theobold, representing the applicant, stated the Gates Bluff residents support both the rezoning request and the waiver to street connectivity requirements. He further stated an additional proffered condition has been submitted addressing the left turn lane issue. He stated the applicant has o~f~red the full cash proffer, and he is not aware of any Opposltlon. He further stated connectivity from the proposed devel~pment to Heathside Drive really would not accomplish anythlng. Mr. Miller called for public comment. No one came forward to speak to the request. Mr. Miller stated the rezoning request now has support of both the Planning Commission and staff. He further stated, after looking at the conditions of this request, in his opinion, it would be appropriate to waive the connectivity requirement. Mr. Miller then made a motion, seconded by Mrs. Humphrey, for the Board to suspend its rules at this time to allow for the additional proffered condition. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board approved Case 07SN0298 and accepted the following proffered conditions: The Developer (the ~Developer") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for himself and his successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Numbers 764-662-3891, 763-661-7607 and 764- 662-7481 (the ~Propertyff) under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-15 is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall be immediately be null and void and no further force or effect. 1. Cash Proffer. For each dwelling unit developed/ the applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling for infrastructure improvements within the service district for the Property: a. $15,600 per dwelling unit if paid prior to July 1, 2007; or b. The amount approved by the board of Supervisors not to exceed $15,600 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made after June 30, 2007. c. Cash proffer payments shall be spent for purposes proffered or as otherwise permitted by law. d. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in 07-862 cash proff~rS shall be in lieu of or toward, but not in addition to, any impact a manner as determined by the County. (B&M) credited fees, in 2. Dwelling Size. One- (1) story dwelling units shall have a minimum gross floor area of 2000 square feet, and dwellings with more than one (1) story shall have a minimum gross floor area of 2500 square feet. (P) 3. Density. No more than thirty-eight (38) dwelling units shall be developed on the Property. (P) - 4. Minimum Lot Size. Lots shall be a minimum of 30,000 square feet in size. A minimum of 22,500 square feet of each lot shall be exclusive of flood plains, resource protection areas, easements in excess of fifty (50) feet in width and buffers. Such required lot area shall be contiguous to and inclusive of the building envelope and located adjacent to the required street frontage. Buffers shall not be included in lots. (P) 5. No Access. No lots shall have vehicular access through Gates Bluff Subdivision. (p) 6. Transportation. a. Prior to any sit~ plan approval, in conjunction with recordation of the initial subdivision plat, or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right-of-way along the northern side of Beach Road, measured from the centerline of that part of Beach Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. -" b. The developer shall provide the improvements with initial development Property: following of the i. Construction of additional pavement along Beach Road at the approved public road intersection to provide a right turn lane; ii. widening/improving the north side of Beach Road to an eleven (11) foot wide travel lane, measured from the centerline of the road, with an additional one (1) foot wide paved shoulder pI us a seven (7) foot wide unpaved shoulder and overlaying the full width of the road with one and one half (1. 5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation ,_/ Department, for the entire Property frontage; and iii. dedication to Chesterfield County, free and unrestricted, of any additional right-of -way (or easements) required for the improvements identified above. In the event the developer is unable to acquire the ~off-site" right-of- n'7_~~~ way that is necessary for the road improvements described in this Proffered Condition, the developer may request, in writing, that the County acquire such right- of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the ~off-site" right-of-way, the developer shall be relieved of the obligation to acquire the ~off - si tel' right-of -way and shall provide the road improvements within available right-of-way as determined by the Transportation Department. c. Direct vehicular access from the Property to Road shall be limited to one (1) public located at the western property line. (T) Beach road 7. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the 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. (EE) 8. Notification of Site Plan. The developer shall be responsible for notifying, in writing, of the submission of a conceptual subdivision plan to the last known President on file with the County Planning Department of the Gates Bluff Homeowners' Association, no later than twenty-one (21) days prior to approval or disapproval of the plan. The developer shall provide a copy of the notification letter to the Planning Department. (P) 9. Left Turn Lane. A left turn lane shall be constructed on Beach Road at the approved public road intersection, if warranted, based on Transportation Department standards. This determination shall be made at the time of tentative subdivision review. If this improvement is warranted, then it shall be constructed in conjunction with the initial development on the Property, and the developer shall dedicate any additional right-of-way (or easements) required to provide the improvement. In the event the developer is unable to acquire any ~off-site" right-of-way that is necessary for this improvement, the developer may request, in writing, that the County acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right- of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the ~off-site" right-of-way, the developer shall be relieved of the obligation to acquire the ~off-site" right-of-way and shall provide the road improvements within the available right-of-way as determined by the Transportation Department. (T) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07-864 On motion of Mr. Miller, seconded by Mr. Sowder, the Board approved the waiver to street connectivity requirements to Heathside Drive. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0307 (Amended) In Matoaca Magisterial District, BATTLEGROUND RESTAURANTS, INC. AND MICHAEL MCCAFFERY request rezoning and amendment of zoning district map from Agricultural (A), Neighborhood Business (C-2) and Corporate Office (0-2) to Corporate Office (0-2) and Community Business (C-3) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. 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 7.9 acres fronting approximately 490 feet on the south line of Hull Street Road approximately 470 feet west of Mockingbird Lane. Tax IDs 729-673-5883 and 8052 and 729-674-8507. , - Ms. Jane Peterson presented a summary of Case 07SN0307 and stated the Planning Commission recommended approval, subject to one condition and acceptance of the proffered conditions, indicating that the exception to the architectural compatibility requirements was appropriate because the elevation represents quality development. She further stated staff recommended approval of the rezoning, but does not support the exception to architectural compatibility requirements. --- Mr. Andy Scherzer, representing the quality building is proposed and opposition from the neighborhood. applicant, the request stated a has no Mr. Miller called for public comment. No one came forward to speak to the request. Mrs. Humphrey stated she is comfortable with the request and, in her opinion, the project will be a nice addition to the Hull Street Corridor. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved Case 07SN0307, subject to the following condition: Development shall comply with the requirements of the Zoning Ordinance for Community Mixed Use areas within the Route 360 Corridor West Area. (P) And, further, the Board accepted the following proffered conditions: - 1. Utilities. a. Public water and wastewater systems shall be used. b. The on-site water distribution system shall be designed to include a connection between the existing eight (8) inch water line adjacent to the eastern property line and the existing twelve (12) inch water line adjacent to the western property line. (U) 2. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permi t has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 3. Drainage. The drainage flowing towards Deer Run and Harbor Green Subdivisions shall be retained on-site, with the release rate based on the capacity of the existing storm sewer and overflow swale to contain the 100 year flood within the existing sixteen (16) foot easement. This capacity shall not be exceeded. (EE) 4. Uses. Uses within the Community Business (C-3) District shall be limited to those uses permitted by right or with restrictions in the Neighborhood Business (C-2) Districts, except as noted below, plus the following Community Business (C-3) uses: i. Carpenter and cabinetmakers' offices and display rooms ii. Contractors' offices and display rooms iii. Electrical, plumbing, or heating supply sales, service and related display rooms iv. Schools - commercial, trade, vocational, and training, limited to 3,000 gross square feet in area v. Secondhand and consignment stores, excluding motor vehicle consignment lots vi. Fast food restaurants, provided that each use 1) shall not exceed 2,500 gross square feet in area, 2) shall not be free standing, and 3) shall be located within 250 feet of Hull Street Road. vii. Continuous outside display of merchandise for sale, as accessory to a permitted use. viii. The following Neighborhood Business (C-2) uses shall be prohibited: 1.) Gasoline sales 2.) Funeral homes 3.) Automobile self-service stations 4.) Greenhouses or nurseries 5.) Communications towers 6.) Hospitals 7.) Temporary outdoor Christmas tree sales 5. Irrigation. An underground automatic irrigation system shall be provided for the landscaping along U.S. Route 360. (P) 6. Freestanding Lights. Freestanding light fixtures shall be limited to twenty (20) feet within the Corporate Office (0-2) District and to twenty-five (25) feet within the Community Business (C-3) District . (P) 7. Architectural Standards. Architectural treatment of the buildings shall be compatible with Exhibit A. Compatibili ty may be achieved through use of similar 07-866 nn. ,.... ~ '^... building massing, materials, scale, colors or other architectural features. (P) 8. Access. Direct vehicular access from the property to Hull Street Road (Route 360) shall be limited to existing Harbourside Center LOOp located at the eastern property line. (T) Right of Way Dedication. Prior to any site plan approval, or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first, one hundred (100) feet of right of way on the south 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. (T) 9. 10. Road Improvements. Prior to issuance of an occupancy permit, the following road improvement shall be provided: a. Construction of additional pavement along Route 360 at Harbourside Center Loop to provide a right turn lane. b. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any ~off-site" right-of-way that 1S necessary for the improvements described in Proffered Condition 12, the developer may request, in writing, that the County acquire such right-of- way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the ~off-site" right-of-way, the developer shall be relieved of the obligation to acquire the ~off-siteH right-of-way and shall provide the road improvements within available right-of -way, as determined by the Transportation Department. (T) 11. Hours of Operation. Within the Community Business (C-3) District, hours of operation shall be restricted to between 6:00 am and 12:00 midnight, with the exception of one (1) restaurant, other than carry-out or fast food, which shall be restricted to between 6:00 am and 1:00 am. Within the Corporate Office (0-2) District, hours of operation shall be restricted to between 6:00 am and 9: 00 pm. ( P) 12. A six (6) foot high board on board privacy fence shall be provided within the buffer adjacent to Deer Run and Harbor Green Subdivisions. The exact design and location shall be determined at Site Plan Review. (P) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07-867 -- ,- -- 07SN0338 In Bermuda Magisterial District, WAWA INC. requests rezoning and amendment of zoning district map from Manufactured Home Park (MH-1) 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 commercial use. This request lies on 4 acres located in the northwest quadrant of the intersection of Swineford Road and Jefferson Davis Highway. Tax rD 790-682-4662. Mr. Robert Clay presented a summary of Case 07SN0338 and stated the Planning Commission recommended approval, noting that the request conforms to the Jefferson Davis Corridor Plan. He further stated staff recommends approval, subj ect to the applicant addressing transportation concerns regarding access to Jefferson Davis Highway and traffic signalization. Ms. Kristen Keatley, representing the applicant, stated the applicant is working with the adjoining property owner to obtain a shared access and has begun the process to obtain VDOT's approval of signalization of the intersection. She stated the Planning Commission'S recommendation is acceptable, and she requested the Board's approval. In response to Mr. King's question, Ms. Keatley stated the burden of relocating the residents of the mobile home park currently located on the subject property falls on the property owner. She further stated the applicant does not yet have a date for closing on the property, and the contract is contingent upon the owner having relocated the tenants. She stated the applicant is willing to work with the property owner on this issue during the site plan approval process and construction scheduling period. Mr. King expressed concerns relative to the property owner's treatment of the tenants. Mr. Miller called for public comment. Mr. Donnie Henson, a resident at the mobile home park located on the subject property, expressed concerns that moving represents a hardship for many of the tenants. He urged the applicant to make an offer to the tenants to assist them in relocating. Ms. Renee Eldred, President of the Bensley Civic Association, stated she supports Wawa locating on the subj ect property. She further stated the association is also concerned about relocation of the tenants, noting that the Jefferson Davis Association might be able to assist them. She further stated a traffic signal would be a great asset at the intersection of Swineford Road and Jefferson Davis Highway. Mrs. Margaret Davis, a Bensley resident, stated she is excited about the redevelopment of the Bensley area and fully supports the proj ect. She also expressed concerns about relocation of the residents. She stated Mr. Russell Harris, County Ombudsman, has assisted residents of other mobile home parks with relocating and inquired whether he might also be available to assist these residents. 07-868 Mr. Tom Jacobson, Director of Revitalization, stated the Revitalization Office and the Jefferson Davis Association have developed a five-year plan for the improvement of the corridor, including revitalization and improvement of the most crowded and oldest mobile home parks. He further stated this mobile home park is on the five-year plan and is the only one that staff has worked with that has a developer who can afford to pay the cost of redeveloping the property. He noted that all of the other mobile home parks included in the plan will require a subsidy from outside forces or the county government in order to redevelop. '- In response to Mr. Miller's question, Mr. Jacobson stated approximately 40 residents will be displaced. In response to Mr. Miller's question, Ms. Keatley stated the applicant has not yet filed a site plan application, and the project is not listed on Wawa's 2008 construction schedule; therefore, the residents would not be displaced any sooner than 2009. Mr. Miller stated he hopes the applicant would work with the property owner and county staff to try to ameliorate the hardships on relocating the tenants. Mr. Todd Wilson, a member of Cornerstone Assembly of God, stated there are approximately 60 children living in the mobile home park, and he hopes the Board or property owner would include provisions for relocating these families. There being no one else to speak to the request, the public hearing was closed. -' Mr. King stated he shares the citizens' concerns about the safety of the Swineford Road/Jefferson Davis Highway intersection. In response to Mr. King's question, Mr. McCracken stated, in his opinion/ it is a fair chance that VDOT would allow a traffic signal at this intersection. Mr. King stated the Jefferson Davis Association has worked very hard on revitalization efforts along the Jefferson Davis Corridor. He requested that Mr. Harris assist the residents with relocating. Mr. Harris stated he would be happy to assist the residents. Mr. King stated this is a good project that will revitalize another segment of the Jefferson Davis Corridor. He further stated the Planning Commission unanimously supported the proposal. Mr. King then made a motion, seconded by Mr. Miller, for the Board to approve Case 07SN0338 and accept the following proffered conditions: - 1. Direct vehicular access from the property to Jeff Davis Highway (Route 1) shall be limited to one (1) vehicular entrance/exit, as generally shown on Exhibit A, and shall provide an access easement to Tax ID 790-682-4694. 07-B69 The exact location of this access shall be approved by the Transportation Department. (T) 2. Direct vehicular access from the Road shall be limited to entrance/exit, as generally shown exact location of this access Transportation Department. (T) property to Swineford one (1) vehicular on Exhibit A. The shall be approved by the 3. Prior to Site Plan approval sixty (60) feet of right-of- way along the west side of Jeff Davis Highway (Route 1) measured from the centerline of that part of the roadway immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 4. A pedestrian barrier in the form of a fence shall be provided along the western property line immediately adjacent to the residentially zoned property. The exact design and location shall be approved at time of Site Plan review. (P) 5. The following Community Business (C-3) uses shall be prohibited: a. Cocktail lounges and nightclubs. (P) 6. The developer shall analyze the drainage outfall downstream at Sherborne Road for the most restricting factor (channel capacity, floodplain and/or culvert capacity) . Based on the study, the developer, to the extent practical and as determined at time of site plan review, shall retain water on site and release such that the most restrictive downstream factor is not exceeded. (EE) 7. The Developer shall be responsible for the full cost of signalization of the intersection of Jefferson Davis Highway and Swineford Road intersection, if warranted as determined by VDOT. (T) Ayes: Miller, King/ Humphrey, Sowder and Warren. Nays: None. 07SN0350 The Commission requests amendment to a Conditional Use Planned Development (Zoning Case 74S021) relating to open space in Brandermill Community. Case 74S021 required 940 acres of open space; this amendment would reduce the total to 912.9 acres. Open space would consist of 473.3 acres owned by Brandermill Comm. Ass'n, 24.5 acres owned as private open space, 173.2 acres owned by Commonwealth Golf Prop., LLC, and not more than 241.9 acres within existing road rights of ways, all of which is shown on a document ~Brandermill Residential Communities Open Space Calculations" dated 5/7/07 which is part of this application and can be reviewed at Planning Department on weekdays between 8: 30 am & 5: 00 pm. Uses permitted in required open space would also be amended so that, except for open space in existing roads, open space could be used only for: maintaining as natural vegetation or landscaped areas ; active or passive recreational uses incl. 07-870 09/26/07 but not limited to walking & biking paths, playgrounds, golf course, pools, tennis courts, related parking lots & bldgs; & temporary activities & events such as art shows, a~nual celebrations, & special outings that support the recreatlonal nature of open space. This request affects all properties that are currently wi thin the boundaries of the Brandermill Community except as noted below. These boundaries follow the entire east line of the Swift Creek Reservoir down to the south line of Swift Creek Reservoir to the west line of the Harbour pointe residential community over to Hull Street Road. Follow the north line of Hull Street Road to the west line of South Old Hundred Road. Follow the west line of South Old Hundred Road to Genito Road where South Old Hundred Road changes to Charter Colony Parkway. Follow the west line of Charter Colony Parkway to the south line of Old Hundred Road. Follow the south line of Old Hundred Road to the west line of Brandermill Woods and follow the west line of Brandermill Woods to the west line of Deer Meadow subdivision to the west line of Birnam Woods to the west line of Millcrest subdivision to the upper east line of Swift Creek Reservoir. Wi thin these boundaries, all County- owned properties and commercial properties that do not pay dues to the Brandermill Community Association for maintenance are excluded from this request. - Mr. Turner stated the Brandermill Community Association has hired an attorney, Mr. William Shewmake, to evaluate this application and make recommendations to them. He further stated, as late as this morning, Mr. Shewmake has expressed concerns relative to discrepancies between the county's Geographic Information System and recorded deeds, as well as language regarding the country club. He stated Mr. Shewmake is requesting that the Board defer this request until November 28, 2007. -" In response to Board members' questions, Mr. Micas stated the Board's procedures prohibit the current Board from hearing zoning cases at the December meeting if the majority of the current Board is not reelected in November. Mr. William Shewmake, representing the applicant, thanked staff for working with the Brandermill Community Association. He stated there is a recent change in language, which needs to be discussed with Board members and the community. He further stated, if the Board could consider this request in November, then a 60-day deferral would be acceptable. Mr. Micas clarified that the Board could not consider zoning cases in November or December, if a majority of the Board is not reelected on November 6th. Mr. Shewmake stated, addressed in 30 days, request to its October in his opinion, the issue can be if the Board is willing to defer this 24 th meeting. -' Mr. Warren inquired whether the Brandermill Association is requesting the deferral. Community Mr. Shewmake stated it is apparent there is some confusion, and it is the association's desire to clarify that the zoning request is to protect and preserve the open space and make sure it cannot be used for other uses in the future. 07-871 __1__1__ In respor:se to Mr. ,warren's question, Mr. Shewmake stated the Brandermlll ,Communlty Association will communicate with its members durlng the deferral period and explain that they requested the deferral. Mr. Miller called for public comment. Ms. Andrea Epps stated she supports the deferral. She further stated county staff provided a presentation to Brandermill residents in June 2007 regarding the request, but there has been some confusion among the residents since that ti~e. She stated, as a BCA Board member, she cannot in good falth ask the Board to support this request before taking the details of the request back to the community and making sure they understand it. Mr. Ryland Reamy, President of the BCA Board of Directors , stated he supports the deferral and believes the issues can be addressed within 30 days. He further stated the primary purpose of the deferral is to ensure that the community thoroughly understands and supports the request. In response to Mr. Miller's question, Ms. Rogers stated there are currently approximately 23 zoning requests on the Board's October 24th agenda. There being no one else to speak to the request, the public hearing was closed. After brief discussion, on motion of Mr. Warren, seconded by Mr. King, the Board deferred Case 07SN0350 until October 24, - 2007. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0353 In Bermuda Magisterial District, DORAN DEVELOPMENT CO., L.L.C., RICHARD J. NOVEMBER, MANAGER AND H. R. POLLARD, IV, MANAGER request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51-4.0 units per acre. This request lies on 30.7 acres fronting approximately 160 feet on the east line of Happy Hill Road across from Fielding Road. Tax ID 799-642-4348. Ms. Peterson presented a summary of Case 07SN0353 and stated Proffered Condition 9 has been amended to ensure that improvements along Happy Hill Road will be constructed, if approved by VDOT, indicating that the Transportation Department supports the amendment. She further stated the Planning Commission and staff recommend approval of the rezoning request and acceptance of the proffered conditions, noting that the proposed development conforms to the Southern and Western Area Plan. She stated the Planning Commission recommends approval of the request for relief to street access requirements to allow 53 lots on one access. She stated staff recommends denial of the request for relief to street access requirements because of concerns relative to 07-872 no I., t:. In.., inaccessibility to and from the development in an emergency situation and failure to meet the ordinance criteria under which relief should be granted. Mr. Gary Lee Scottow, representing the applicant, stated he supports the Planning Commission's recommendation, but does not agree to staff's denial of relief to street access requirements because of the limited road frontage of the subj ect property. He stated the applicant has provided a stub road to the north for future connectivity, but has not done so to the east because of the existing CSX rail line,__ and to the south because of an RPA stream. He noted that the applicant has amended the proffered conditions according to staff's suggestions. Mr. Miller called for public comment. No one came forward to speak to the request. Mr. King stated the proposed rezoning complies with the Southern and Western Area Plan and is supported by both staff and the Planning Commission. Mr. King then made a motion, seconded by Mr. Miller, for the Board to suspend its rules at this time to allow for the amended proffered condition. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. On motion of Mr. King, seconded by Mr. Miller, the Board approved Case 07SN0353 and accepted the following proffered conditions: .~ The property owners and applicant in this rezoning case, pursuant to 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County/ for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall be immediately be null and void and of no further force or effect. 1. Cash Proffers. The applicant, subdivider, or assignee (s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the property: a. $15,600 per dwelling unit, if paid prior to July 1, 2007; or -' b. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. 07-873 Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. (B & M) 2 Utilities. The public water and wastewater systems shall be utilized. (U) 3 . Timbering. 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 permi t has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 4. Density. Development shall be limited to a maximum of fifty-three (53) lots. (P) 5. Materials. The exterior facades of all homes shall be of brick, stone or vinyl siding or a combination of the foregoing. All foundations to be brick or stone veneer. ( P) 6. One-story dwelling units shall have a minimum floor area of 1,800 square feet. Dwelling units with more than one story shall have a minimum floor area of 2,000 square feet. (P) 7. In conjunction with the recordation of the initial subdivision plat or within ninety (90) days of a written request by the County, whichever occurs first, forty- five (45) feet of right-of-way on the east side of Happy Hill Road, measured from the centerline of that part of Happy Hill Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 8. Direct vehicular access from the property to Happy Hill Road shall be limited to one (1) public road that aligns with Fielding Road. The exact location of this public road shall be approved by the Transportation Department. (T) 9. In conjunction with development of the initial section, the developer shall be responsible for construction of additional pavement along Happy Hill Road at the public road intersection to provide left and right turn lanes, as generally shown on ~Exhibit 'A' Preliminary Turn Lane Configuration" prepared by E.D. Lewis and Associates dated July 20, 2007, and dedication, free and unrestricted, to and for the benefit of Chesterfield County, of any additional right-of -way (or easements) required for these improvements. If VDOT does not approve construction of any part of the improvements as generally shown on Exhibit A, then the developer shall be relieved of the requirement to construct that specific part of the improvement but shall be responsible for construction of the remainder of the .~ 07-874 09/26/07 improvements, as determined by the Transportation Department. In the event the developer is unable to acquire any Iloff sitell right-of-way that is necessary for these improvements, the developer may request, in writing, that the County acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of -way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the "off-sitell right-of-way, the developer shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way as determined by the Transportation Department. (T) -- Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. On motion of approved the requirements. Mr. King, request seconded by Mr. Warren, the Board for relief to street access Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07SN0377 In Clover Hill Magisterial District, WILLIAM B. SIMMONS requests Conditional Use Planned Development and amendment of zoning district map to permit three (3) freestanding signs. 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 uses. This request lies in a General Business (C-5) District on 5.5 acres fronting approximately 530 feet on the south line of Midlothian Turnpike approximately 710 feet west of Providence Road. Tax IDs 758-705-2928, 5331 and 5849. -- Ms. Peterson presented a summary of Case 07SN0377 and stated the Planning Commission recommended approval, subject to one condition, noting that the application represents a reinvestment in the corridor. She further stated staff recommended denial because the current sign standards of the zoning ordinance provide adequate identification for uses on the property, and approval of the request could encourage other businesses to seek similar exceptions. Mr. Bill Simmons, General Manager of the two automobile dealerships that operate on the subject property, stated a third sign is necessary to identify the two separate franchises. He further stated the subj ect property has a large amount of road frontage, and the signs will be approximately 300 feet apart. He stated a big investment has been made in these businesses, and the sign is necessary to help advertise and recoup the investment. - Mr. Miller inquired whether the applicant has any data to support its request for a third sign. Mr. Simmons stated many years ago, a sign was approved for the business at this site and located at the exact spot that the applicant is proposing to locate the requested sign. 07-875 no/')&:./n'7 In response to Mr. Sowder's question, Ms. Peterson stated the subject property contains approximately 530 feet of road frontage. Mr. Miller called for public comment. No one came forward to speak to the request. Mr. Warren stated he appreciates the Planning Commission's recommendation for approval. Mr. Warren then made a motion, seconded by Mr. Miller, for the Board to approve Case 07SN0377, subject to one condition. Mr. Miller expressed concerns with the Board's continued proliferation of the sign ordinance. Mr. Sowder stated he will support the request, indicating his comfort level with the amount of road frontage and the distance between the signs. Mr. Miller called for a vote on the motion of Mr. Warren, seconded by Mr. Miller, for the Board to approve Case 07SN0377, subject to the following condition: The Textural Statement received June 29, 2007, shall be considered the master plan. (p) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Mr. Miller requested a 10-minute recess. Reconvening: 06SN0244 In Bermuda Magisterial District, H. H. HUNT CORPORATION requests rezoning and amendment of zoning district map of a 1,445.4 acre tract from Agricultural (A) to Residential (R- 12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements plus Conditional Use to permit recreational facilities on 43.5 acres of the 1,445.4 acre tract and rezoning of a 169.1 acre tract from Agricultural (A) to Regional Business (C-4) with Conditional Use Planned Development to permit exceptions to Ordinance requirements plus Conditional Use on 3.0 acres of the 169.1 acre tract to permit an above-ground utility structure (wastewater pump station). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use and residential use of 1.01-2.5 units per acre. This request lies on 11614.5 acres fronting approximately 2,890 feet on the south line of Bradley Bridge Road, also fronting in two (2) places for approximately 9,490 feet on the west line of Branders Bridge Road. Tax IDs 780- 644-8171; 781-637-Part of 6541; 781-639-3251; 781-641-6250; 783-635-0505; and 784-641-6810. 07-876 09/26/07 Ms. Orr presented a summary of Case 06SN0244 and stated the Planning Commission, on a vote of three to two, recommended approval of the rezoning and acceptance of the proffered conditions, with the majority indicating that the proposed development offers the opportunity to plan a large land area and acquire needed infrastructure improvements that might otherwise not be avai lable with piecemeal development, and noting that this request offers major capital facility improvements, including roads and school facilities. She stated the dissenting Planning Commission members expressed a desire for the request not to be acted upon until January 2008 since the development will impact future county leaders. She further stated staff generally concurs with the Commission's assessment of the request regarding the opportunity to plan a large land area with major infrastructure improvements; however, staff continues to have concerns relative to the proffered conditions not fully mitigating the impact of the proposed development on schools, parks, libraries and fire stations, in accordance with the Board's policy. She stated the land dedications have the potential to offset the impact of the development on school needs, but do not fully offset the impact of the development on schools. She noted that the school system has indicated their support of the proffered conditions, as submitted. She stated Planning staff also expressed concerns relative to certain design elements, such as parking requirements, buffers and sidewalks. She further stated the Planning Commission unanimously recommended approval of the waiver to the street connectivity requirements to Glebe Point and Skybird Roads, indicating that the connections would increase traffic through Glebe Point. She stated staff recommends denial of the waiver, indicating that the appropriateness of the waiver would best be evaluated at the time of tentative subdivision review, when more details are known. Mr. Jim Theobold, representing the applicant, stated the proposed development is not divided into neighborhoods segregated by price and size, but is designed to be one community with varied housing types integrated into areas with neighborhood parks and amenities. He provided details of the proposed amenities and stated the development will provide for its own infrastructure as it develops, not just for the residents of Branner Station, but for the Chester community, as well. He stated over $70 million in off-site roads and over $40 million in on-site roads will be provided with the development, relieving traffic on Iron Bridge Road, minimizing additional traffic in the Village of Chester and Branders Bridge Road, and accommodating additional traffic generated by the development. He further stated the roads will be phased and strategically placed in accordance with the county's adopted Thoroughfare Plan. He explained that a large number of homes would be subj ect to eminent domain, based upon the alignment of the east/west freeway shown on the Thoroughfare Plan, whereas, the applicant's proposal only displaces 13 homes, and perhaps an additional 12 homes to accommodate the intersection at Harrowgate Road. He provided details of the benefits of the proposed road network and stated the applicant will also be dedicating acreage for a high school site, elementary school site, and parks and recreation, and will also construct and dedicate a pump station. He stated the applicant is conservatively contributing $88 million to address the impact of the proposed development on capital facilities and noted that the 07-877 - -- -' current cash proffer would yield approximately $78 million. He further stated the proposed transportation improvements are consistent with the pace of development and could not be accomplished with public funding. He stated the 1,600 acres could potentially be developed in a small parcel fashion over time, without the prospect for the financial returns that assure that public infrastructure needs will be met. He further stated, at the request of Glebe Point residents, the applicant is requesting a waiver to the connecti vi ty requirements to Glebe Point and Skybird Roads. He expressed appreciation for staff's efforts with this case and requested the Board's approval of the proposed development. Mr. Miller called for public comment. Ms. Carol Wray requested that the Board either deny the request or remand it to the Planning Commission to allow for proper public involvement for residents to the north of Iron Bridge Road because many residents are unaware of the transportation implications of the proposed north/south road from Branner Station to Route 288. She requested that, if the Board does not deny or remand the case, then two conditional amendments be added: 1) any reference to a 50 MPH design speed be stricken and replaced with a context sensitive design speed; and 2) fully protect the Chester Linear Park where it exists today and utilize adjacent right- of -way for the proposed highway. She stated she does not oppose the development, but is concerned about the proposed road dividing the Village of Chester. She expressed concerns relative to loss of the linear park and replacing it with a highway, which has a large amount of projected traffic. Mr. Dave Sawyer expressed concerns relative to the number of deaths and injuries on Chesterfield's roads. He also expressed concerns relative to capacity issues at the Route 288/ Chester Road interchange and at the Chester Road/Centralia Road signalized intersection, as well as incomplete traffic studies in these locations. He requested that the Board consider the new techniques and tools available to create a visionary transportation system that will last into the next century. Ms. Jackie Sawyer expressed concerns relative to the additional traffic that would be generated on Chester Road should the Board approve the proposed development. She inquired whether the proposed road would have the same impact on Chester businesses as I-95 did on Route 1 businesses. She inquired whether four lanes would handle the projected traffic, and if not, who would construct the additional lanes to handle the traffic. She expressed concerns about the number of Chester homes that would be impacted by the proposed road. Ms. Ann Burner, a Chester resident, expressed concerns relative to excess energy consumption in the state and to the outdated vision of the county's transportation system. She stated the Chester Village Plan allows residents to walk from home to the village center and area parks. She further stated federal dollars are available for trails and sidewalk construction, as well as encouragement for biking and walking activities. She stated linear parks could be the answer to traffic relief and congestion. 07-878 09/26/07 Mr. Mike Sawyer, Chester resident, expressed concerns that the Transportation Department could not provide details regarding what the proposed road would look like along the Chester Linear Park, and stated the developer, staff and citizens should understand what the Board is approving. He provided details of two typical sections of the proposed road, according to the VDOT Roadway Design Manual. He expressed concerns that a high design speed would not allow for street trees, a linear park or a buffer for adjacent communities. He also expressed concerns that pedestrians would not want to use the sidewalks along the proposed high- speed roadway because of excessive speed and projected traffic volumes. He suggested that any roadway constructed through the village of Chester should preserve the linear park and provide a context-sensitive design speed of 30 miles per hour. --. Ms. Betty Sawyer, a 30-year resident of the county, provided details of various county plans and reports relative to open space corridors; preservation of riparian corridors and establishment of future greenway corridors; public interest in greenways, blueways and trails; trail deficiencies; and importance of greenways. Ms. Gwen Byer, a resident of the Village of Chester, expressed concerns that there is a huge disconnect between the Chester Plan's vision for the competed linear park and transportation staff's recommendation. She provided details of positive aspects of the linear park. Mr. Robert Clear, a Chester resident, expressed concerns relative to lack of information from the Transportation Department regarding replacement of the linear park with the proposed new road, noting that community meetings were not held to discuss this issue with the residents. He requested that the Board expand, rather than delete, the linear park. ---" Mr. Jeff Samuels expressed concerns relative to loss of the Chester Linear Park and requested that the Board defer the request until language is inserted to assure the co-existence of the linear park with the proposed north-south parkway extension. Mr. Mike Uzel, representing the Heritage Drive Neighborhood Watch Association, requested that the Board defer the request and remand it to the Planning Commission because of concerns with Planning staff's analysis and recommendations; a questionable open-ended agreement for the developer to pay for and build the off-site roads; and a lack of written notification to the public regarding the path of off-site roads. Mr. Miller assured Mr. Uzel that Board members would review his written comments in their entirety. -.-" Ms. Frances Wargofcack presented the Board with a petition signed by 283 resident, who oppose the proposed development. She expressed concerns relative to the number of school students the development will generate, noting that the proffered school sites are not sufficient to accommodate the school age children generated by the development. She inquired how the county plans to address the shortfall in the 07-879 09/26/07 proposed development addressing capital requested that the Board deny the request. facilities and Mr. Jeff Brown, a Chester resident, expressed concerns relative to the residents who would lose their homes for the proposed road and suggested that the Board defer the request until additional detailed information is available regarding the residents who would be impacted. Mr. Merle Henderson, a Chester resident, provided details of the benefits of reducing the design speed of the proposed road. He recommended that the Board either deny the request or remand it to the Planning Commission to allow for proper public involvement for residents to the north of Iron Bridge Road, indicating that they are unaware of the transportation implications. He also recommended that, if the Board does not remand the request I then conditions should be added to strike any reference to a 50 MPH design speed and replaced with a context sensitive design speed, and that the Chester Linear Park be fully protected where it exists today. He recognized 8 people in the audience who stood in support of his recommendations. Ms. Lisa Coffey stated she researched the issue on her own and became aware that her home will either be taken by the proposed road, or the road will run directly beside her home. She expressed concerns relative to schools that are already over capacity and noted that 2,500 new homes would be constructed before a new school would open. She also expressed concerns relative to environmental and sewage issues and inquired about the source of water for the residents of the proposed development. Mr. Ray Turner, a resident of Chester Village Green, referenced the problems that occurred as Chippenham Parkway expanded and expressed concerns relative to the impact of the proposed development on Chester Village Green. He requested that the Board defer the request until the residents have the opportunity to see the impact of the proposed road. Ms. Darlene Sweat stated she strongly opposes the Branner Station development, expressing concerns about density, which is totally incongruous with the nature of the surrounding area. She also expressed concerns that the county will use eminent domain proceedings to evict long-term taxpayers. She stated she views this request as the ~death-knellff of the lifestyle the current residents treasure. She requested that the Board deny the request, or at the very least, defer action until plans are available, which include each and every necessary easement, accompanied by a personal visit to each affected property owner. Ms. Lisa Mansfield, a resident of the Apamatica Subdivision, speaking on behalf of herself and her father, Mr. Tom Watson, who lives in the Matoax Hundred Subdivision, expressed concerns relative to the major impact of the proposed development on the lifestyle in the Chester area. She inquired why so many homes are proposed and suggested that the Board limit the number of units to mirror the nearby developments already in place. Mr. Bill Association, Bishop, stated representing the community meetings Chester Community have been held to 07-880 09/26/07 discuss this zoning request. He further stated, in his opinion, it is better to master plan large properties than to consider several small zoning requests, indicating that this is a quality case that he thinks is best for the entire community. He further stated he would prefer that the conservation easement remain intact and would like to have had more open space, but he feels that the improvements to the transportation system far outweigh the issues. He stated transportation issues already exist in this area, and he does not foresee any way to address them without a proj ect like this. He further stated he has visited 5 other H. H. Hunt-< communities in the Richmond area and believes that the developer is adhering to smart growth principles. Senator John Watkins, a county taxpayer and businessman, stated he is very familiar with H. H. Hunt developments, indicating that the corporation provides first-class quality projects, uses the best landscape architecture firms, thinks about affordabili ty, and is environmentally friendly. He stated the county has a unique opportunity to take advantage of one of the best developers in the southeastern United States, and, in his opinion, the entire community would benefit from approval of the proposed development. There being no one else to speak to the request, the public hearing was closed. Mr. Theobald stated the applicant will be addressing road needs that are unmet in the Chester area. He noted that Mrs. Kathy Kitchen, Assistant Superintendent of Schools, indicated that the proposed schedule for school construction is acceptable. He expressed concerns relative to comments regarding lack of community knowledge and provided details of the number of community meetings that were held and the newspaper articles that were published regarding the proposed development. He urged the Board to move the case forward rather than deferring it. He stated this is one of the most sophisticated and responsible cases he has ever been associated with and reminded the Board that the infrastructure proposed with this request would not be available from any other source. _c Mr. King speakers resident him. expressed appreciation conducted themselves. for 60 years, this is for the manner in which the He stated, as a county a very sentimental case to In response to Mr. King's questions, Mr. Dan Schmidt, H. H. Hunt developer, stated Mr. King informed him early on that the transportation issues must be completely solved, school issues adequately addressed, and the development must be of the quality that H. H. Hunt is known for. He further stated Mr. King also informed him that, if both the School Board representative and the Transportation Director did not support the proposal, then the developer would be wasting his time. - Mr. King stated, after being bombarded with growth issues, he has thoroughly studied the new urbanism concept. He further stated, from the very beginning of this case, he informed Planning Commissioner Jack Wilson, Bermuda District School Board representative Marshall Trammell, and Mr. McCracken that the project would not be approved without their support. 07-881 09/26/07 He stated he has put 2 -1/2 years into the smart managed growth of the proposed development. He further stated the proposal includes a commercial component, green space and school sites. He stated it is upsetting to hear citizens suggest that the public was not informed after he has worked so relentlessly with Mr. Wilson to accomplish what he knows is visionary and best for the community. He further stated he has never discussed this case with the property owner, Mrs. Shoosmith. He stated he requested that Mr. Wilson bring forward a model for future development in the county so that the county would not be laboring over transportation and school issues. In response to Mr. King1s questions, Mr. McCracken stated the proffered conditions are styled so that improvements are provided before a certain number of building permits can be released, noting that the only way the roads would not be constructed would be if the Board chose not to assist the developer with off-site right of way acquisition. He further stated the developer is offering major highway improvements, and he could not imagine any circumstance where it would make sense for the Board not to follow through and make sure that the infrastructure is provided, if the zoning case is approved. He stated, if the zoning request is not approved, the property would be developed at some point in the future with the same impact on transportation, except that the county would not be able to gain the infrastructure in the manner that is being provided with this request. He expressed concerns that cash proffers are insufficient to fully address transportation issues. He stated, when the Walthall Interchange was rebuilt, part of the design was constructing the first phase of the east/west freeway, which is proposed to be constructed with this project. He further stated, although it was projected that 20,000 daily trips would be generated at full development, no transportation improvements were provided with Chester Village Green since the Board at that time took the approach that the development would help to revitalize Chester. Mr. King stated it was his understanding that the linear park was always considered to be temporary. Mr. McCracken stated, when the county purchased the right of way from CSX Railroad, it was done so with the intent to build a road. He further stated, when Parks and Recreation came forward with a plan to construct a linear park in this right of way, Transportation staff knew then that this issue would arise and informed Parks and Recreation staff that they would do everything possible to accommodate the park and the road, but expressed concerns that there is a fixed amount of right of way. He stated this issue will be addressed in the same manner as with every public road project - preparing the plans, inform the public and solicit input. He noted that the Board approves its primary and secondary road priority list on an annual basis. He confirmed that the developer's proposal for the road would impact and relocate far less residents than what is proposed with the current Thoroughfare Plan. He stated staff will do everything possible to minimize the impact of the road on residents. He further stated, until the engineering and environmental work is completed, he could only provide a best judgment regarding the exact location of the road. He stated the H. H. Hunt developers have been a model for Transportation staff to work 07-882 09/26/07 with, which he attributes to Mr. King's direction. He further stated, if the development is not approved, he does not see how the county would ever be in a better position to acquire the proposed infrastructure. Mr. King noted the significance of the infrastructure being built up-front and the development being phased in over 20 to 25 years. Mr. McCracken infrastructure the county. stressed the importance of getting the for the residents who want to come and live in -' Mr. King stated the county may see fast trains, but will never see high-speed rail because there would be too many stops. Mr. McCracken stated the Board took a position, with regard to high-speed rail, that the county's preference would be to use the existing operational tracks and not this abandoned CSX corridor. He further stated he has not seen a better zoning case than this, from a transportation standpoint, since he began his tenure with the county in 1984. Mr. King called forward Mr. Marshall Trammell, Bermuda District School Board representative, to answer questions. Mr. Trammell stated the School Board is not involved with zoning issues and controlling growth. He further stated this is the first instance, in his 16 years on the School Board, where the School Board has been afforded an opportunity to work with a developer ahead of time to address overcrowding issues as a result of the proposed development. He further stated the number of homes will help the School Board begin to solve the problem because of the willingness of the developer to phase in the proj ect and provide the infrastructure up front. He stated, if the full cash proffer were to be provided for schools, there would be no land on which to locate the schools, nor would the roads be provided to the schools. He expressed concerns relative to the availability of acceptable property for school sites in the Bermuda District. - In response to Mr. King's question, Mr. Trammell stated he sees this as the beginning of a way to help the School Board address capacity issues the right way, indicating that he supports the zoning request. Mr. Miller inquired whether other members of the Board have questions or comments regarding this request. Mrs. Humphrey stated she was not aware until this evening that the CSX right of way was originally purchased for this road. - In response to Mrs. Humphrey's question, Mr. McCracken stated he will work very closely with Mr. Golden to try and preserve the linear park. There was brief discussion regarding the speed design proposed by the residents and the possibility of preserving the linear park. 07-883 09/26/07 Mrs. Humphrey sympathized with the residents who may be displaced because of the proposed east/west freeway. She stated this is a good zoning case and represents smart growth. She further stated it is her ultimate fear, that if the property is not rezoned in this format, it would be done so in several small proposals, whose developers could not afford to provide the offered infrastructure improvements for roads and schools. Mr. Warren reiterated that, when considering zoning cases, he attempts to find a developer who is willing to pay the full share of the project so that the burden does not fall on existing residents. Discussion ensued relative to escalating costs of construction and the fact that developers can construct much less expensively than the state or county. road roads In response to Mr. Warren's questions, Mr. McCracken stated he sees the proposal as a net gain from a cost benefit standpoint, compared to the developer providing full cash proffers. He further stated, even if the road was on the county's 6-year plan, the road would likely not be built in his lifetime. He stated funding of the engineering for this road has been on the county's priority list for many years, and there is no indication that the state will be providing funding for this. He further stated, if the development is approved, it is Transportation staff's opinion that the proffered conditions and infrastructure proposals are as good as any zoning request that has ever been before the Board. He stated, from a Transportation standpoint, the proposal to provide infrastructure first represents smart growth. In response to Mr. Warren's questions, Mr. Turner stated the development will generate approximately 5,000 units and 2,700 students. He further stated approximately 1,200 new homes will be constructed in the county this year. He stated the county's demographics and the community's expectations regarding quality of life are changing, indicating that residents are now seeking a diversity of housing styles in the same community I with a mixture of uses so that they can get to the services quickly. He further stated, from the Planning Department's point of view, the proposed development represents smart growth and is a very good proj ect. He stated he supports this project from a comprehensive standpoint. Mr. Warren inquired whether the proposal represents a net loss in terms of cost benefits to the schools. Mr. Trammell stated the cost of school sites varies tremendously, depending upon the location of the property. He further stated, if you look at the proposal from a dollar- for-dollar perspective and what the schools needs are, it is very obvious that the county could never construct the schools using the current cash proffer formula. He stated a bond referendum would still be necessary to construct the schools. He expressed concerns relative to availability of land for school sites in the Bermuda District and stated that having the infrastructure precede the housing and the students that arrive, and knowing that there is a commitment for infrastructure to the school sites, the cost benefit is different. 07-884 09/26/07 Mr. Warren noted that the provision of infrastructure would increase the value of the land. Mr. Trammell stated phasing of the development will help the school system as funding becomes available through a bond referendum to construct new schools. In response to Mr. Warren's questions, Mr. Carmody stated the county has been able to compile historical cost trends, indicating that school sites average $35,000 per acre. He provided details of the cost of acquiring the property for Genito Road and Cosby Road High Schools, noting that off-site improvements were also required. He stated, when considering property acquisition costs, plus off-site improvement costs, the Branner Station development represents a very attractive proposal for schools. -' Mr. Sowder stated the road infrastructure proposal is outstanding. He expressed concerns that the residents still have questions and concerns that they would like to have addressed. He stated, although his comfort level with the case has increased, he would like the case to go forward correctly, by first addressing the issues that have been raised, and providing a model case. Mr. Miller expressed concerns that the applicant has not addressed the impact of the proposed development on libraries, fire stations or parks. He also expressed concerns relative to the number of homes that would have to be acquired for the proposed east/west freeway and the acquisition or possible condemnation, being driven by private development. - Mr. McCracken stated the developer and staff will attempt to impact the least number of residents with the road alignment. He noted this is the best judgment he can offer until the detailed engineering has been provided and the environmental issues have been addressed. Mr. Miller expressed concerns relative to eminent domain cases that have been spurred on by private developers, not as a consequence of a general public purpose for road construction. Mr. McCracken stated he is mindful of and shares Mr. Miller's concerns, but noted that if the request is denied and the property is developed piecemeal, the residents would be looking to the county for infrastructure that could not be provided. Mr. Miller inquired about the number of homes that would be constructed prior to the schools being built and expressed concerns relative to the funding necessary for constructing the schools. -- Mr. Trammell stated the School Board would continue with the redistricting process until the new schools are constructed. He further stated he appreciates the phased-in approach for constructing the development. Mr. Theobold stated the proffered conditions provide for the school system to give notice by 2013, that they wish to 07-885 proceed with constructing either the high school or the elementary school, regardless of the number of housing units that have been constructed. He further stated the developer would be obligated to bring infrastructure to the sites, having it in place for the elementary school in 2014 and for the high school by 2015. He further stated, before any building permits are issued, the developer must construct two lanes of the four-lane divided north-south parkway extended. He stated construction would begin in approximately 2009, with 600 homes being constructed in the first phase with road improvements. Mr. King stated the difference between this case and the three cases approved on Nash Road is that the School Board supports this request. In response to Mr. King's question, Mr. Trammell stated the Chester Village Green project did not provide any funding for to address its impact on schools. Mr. King stated this zoning request represents his best attempt to preserve the integrity of Chester Village Green and the Village of Chester by making sure that transportation issues are addressed. He further stated the proposal is visionary and represents smart growth, by including a commercial component, being phased-in, and having the support of the Transportation Department and Schools. He inquired why the Board would approve a Thoroughfare Plan, if the roads would not be constructed. Mr. King then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 06SN0244 and accept the proffered conditions. Mr. Miller stated this is a difficult case for him. He further stated he could easily support the transportation component, but is concerned about school issues and the taking of private property for the purpose of a private development. He stated he will not support the request in its current format. Mr. Warren stated he is close to supporting the case, but still has concerns that some of the issues raised by the citizens have not been addressed. He further stated, if he had had more time to devote to the details of the cost benefits, it might have made a difference, indicating that he would like to see more specific financial details provided to the Board in the future. He stated he will not vote against the case because he thinks it is a good proposal, but will abstain from voting on the motion. Mr. Sowder stated he agrees that it is a good case, but thinks that the Board owes it to the citizens to address the minor concerns that were raised. He further stated he respects staff's work and believes this is one of the best cases he has seen, but feels that taking additional time would be in the best interest of the citizens and the county, indicating that he, too, will abstain from voting on the motion. Mrs. Humphrey stated she seconded the motion and supports the request. 07-886 09/26/07 Mr. Miller called for a vote on the motion of Mr. King, seconded by Mrs. Humphrey, for the Board to approve Case 06SN0244 and accept the following proffered conditions: The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns (the ~Developer"), proffer that the property (the ~Property") under consideration will be developed according to the following proffers if, and only if, the rezoning request -' submitted herewith is granted with only those conditions agreed to by the Developer. In the event this request is denied or approved wi th conditions not agreed to by the Developer, the proffers shall immediately be null and void and of no further force or effect. This application contains three exhibits described as follows: Exhibit A - Plan titled ~Exhibit A. Branner Station Road Phasing Plan", originally prepared by Wilbur Smith Associates, dated September 15, 2006 and updated by T3 Design on April 20, 2007. Exhibit B - Plan titled ~Branner Station Phasing Exhibit B," prepared dated September 15, 2006. Off site Roads by HHunt J and Exhibit C - Plan titled ~East/West Freeway - North/South Parkway Interchange Exhibit C" prepared by Youngblood, Tyler and Associates, P.C. and dated February 16, 2007. - Exhibit D - Plat titled ~Tract 9B Conceptual Plan for High School" prepared by Youngblood, Tyler and Associates, P.C. and dated July 30, 2007. 1. Master Plan. The Textual Statement last revised July 30, 2007, including the ~Branner Station Chesterfield Master Plan" prepared by design forum, last revised February 16, 2007, shall be the Master Plan. (P) 2. Timbering. 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. (EE) 3. Overall Water/Wastewater Systems Plan. a. The required Overall Water/Wastewater Systems Plan for the development, accompanied by a Utilities Infrastructure Phasing Plan, shall be submitted to the Utili ties Department for review and approval prior to the final approval of any tentative subdivision or site plan within the development. The overall plan shall be prepared in accordance with the requirements as outlined in Appendix 12 of the Chesterfield County Water and Sewer - 07-887 09/26/07 Specifications and Procedures Manual. The plan shall include, but not be limited to the following: 1. a 16" water line along Branders Bridge Road for the entire length of the Property, or along a route within the development acceptable to the Utilities Department in either event, terminating at the southernmost boundary of the Property at Branders Bridge Road; ,~ ii. interconnection between the Chester and Courthouse pressure zones, at a location acceptable to the Utilities Department. Infrastructure (pressure reducing or flow control valves) shall be installed if deemed necessary by the Utilities Department; iii. off-site extension(s) from the Timsberry Creek Wastewater Trunk; iv. map of the service area for a wastewater pump station; location of a public wastewater pumping station and associated gravity lines sized to serve that portion of the development within the Lower Swift Creek drainage basin and the remaining ~Regional Mixed-Use" area as shown in the Southern and Western Area Land Use Plan (as amended 11/12/03); v. a small-scale area map showing the route of the force main, extending from the new public wastewater pumping station to a discharge point near the existing Timsberry Creek Wastewater Pumping Station, the exact location of which is to be approved by the Utilities Department; and vi. detailed engineering analyses of the water and wastewater systems for ~Branner Station" to determine the future water pressure zone boundary line and points of interconnection, and to determine the location of the new wastewater pumping station and the appropriate discharge point for the force main. b. The Developer shall shown on the Overall for the development. construct all improvements Water/Wastewater Systems Plan c. Prior to any tentative or site plan approval for any property which will be served by the pump station, the Developer shall dedicate free and unrestricted to and for Chesterfield County, after the dedications for roads as required by Proffered Condition 7, a maximum 3.0 acres for a wastewater pumping station. This site shall abut a public road and have direct access thereto. As an alternative, if approved by the Utilities Department, the site need not abut a public road, but shall have access to a public road via an easement of a width and location acceptable to the 07-888 09/26/07 Utilities Department. Should it not be possible to locate the pumping station within the development and provide full access to the intended service area, the Developer shall dedicate free and unrestricted to and for Chesterfield County land off-site of a size and location acceptable to the Utili ties Department, obtain the necessary zoning and/ or Substantial Accord Determination. The 3 acre site shall be exclusive of any road dedication to include those identified in Proffered Condition 7. (U) .~. 4. Dedications for Public Purposes. The Developer agrees to dedicate, free and unrestricted to the County, the following areas as generally shown on the Master Plan as follows: A. Tract 9A - 32 usable acres B. Tract 9B - 75 usable acres C. Tract 11A - 30.6 acres D. Tract lIB - 3.9 acres Such dedications are made for public schools, parks and recreation, a utility pump station or such other public purposes as determined by the County and at such alternate locations as may be mutually agreed upon by the Developer and the County. ~Usable acres" shall generally mean acreage excluding jurisdictional wetlands as defined by the Army Corp of Engineers, slopes in excess of ten (10) percent and setbacks applicable to the Property. Whether acreage is ~ acceptable as ~usable" acres to qualify for such dedications within Tracts 9A and 9B shall be mutually agreed upon by the Developer and the Chesterfield County Public School Administration or, if no agreement is reached, then as determined by the Chesterfield County School Board (~School Board"). In addition, if school facilities can be accommodated on fewer usable acres as determined by the School Board, the acres of such dedications wi thin Tracts 9A and 9B may be reduced as determined by the School Board. Tract 9B is intended to be developed as generally shown on Exhibit D attached hereto prepared by Youngblood, Tyler and Associates, P.C. and dated July 30, 2007 entitled ~Tract 9B Conceptual Plan for High School". Such dedications shall be made within sixty (60) days of a written request by the County, but subsequent to the dedications for roads as required by Proffered Condition 7. Such dedications will generally be made at such time as is consistent with the Developer's phased development and construction of infrastructure serving the Property as provided below. _ Unless the County desires to accelerate the schedule provided below for Tracts 9A and 9BI infrastructure shall be brought by the Developer to the property lines of Tracts 9A, 9B, 11A and lIB. For Tract 9B, the Developer will construct on-site roads and those off- site roads required by the Study to access the high school site by the later of the opening of the proposed 07-889 09/26/07 high school or 2015 and shall construct public water and wastewater systems (~public utilities") to serve the site by the later of six (6) months prior to the opening of the proposed high school or 2015. Similarly, for Tract 9A, the Developer will construct on-site roads and those off-site roads required by the Study to access the elementary school site by the later of the opening of the proposed elementary school or 2014 and shall construct public utilities to serve the site by the later of six (6) months prior to the opening of the proposed elementary school or 2014. Any time beginning in 2013, within sixty (60) days of 1) a written request by the County and 2) approval of any required permits for the construction access and public water, the Developer shall dedicate the land for the high school and elementary school sites (Tracts 9A and 9B) and shall provide public water adequate for construction purposes and an approved construction access to both sites. Should the County desire to accelerate access roads and public utilities to facilitate the County's schedule, the Developer is not obligated to accelerate its phasing and the County has the option to construct public utilities and access roads in accordance with Exhibit A at the County's expense. Subj ect to the foregoing contingencies, in no event shall the land dedications be made later than January 1, 2015 unless such date is mutually extended. (B&M, SA, P and T) 5 . Uni t Cap. A. Uses A through H as described in the Textual Statement, including ~accessory dwelling units" as defined therein, shall not exceed a total of 4,988 dwelling units in the aggregate, with separate density caps as follows: (1 ) The total number of dwelling units, described in the Textual Statement, will exceed a total of 4,456 dwelling units in aggregate in the R-12 portions of Property. as not the the (2) The total number of dwelling units, excluding Use H (Assisted Living Community) as described in the Textual Statement, will not exceed 100 dwelling units, in the aggregate, on Tract 6. (3) The total number of dwelling units as described in the Textual Statement will not exceed a total of 532 dwelling units in the aggregate in the C-4 portions of the Property. ,- (4) Use E (Multifamily Community) as described in the Textual Statement" unless organized as a for sale condominium as defined by and subject to the Virginia Condominium Act" will not exceed a total of 600 dwelling units for the R-12 portion of the Property. (5 ) Use the for to E. (Multifamily Community) as described in Textual Statement, unless organized as a sale condominium as defined by and subject the Virginia Condominium Act, will not 07-890 09/26/07 exceed a total of 308 dwelling units for the C-4 portion of the Property. B. Additional Limits on Use H: (1) Use H (Assisted Living Community) as described in the Textual Statement will not exceed 200 units for the R-12 Portion of the Property. (2) Use H (Assisted Living Community) as described in the Textual Statement will not exceed 100 -- units for the C-4 portion of the Property. C. Commercial Limits and Guarantees (1) A maximum of 70,000 gross square feet of Use I (Town Center Commercial) is permitted in the R-12 portion of the Property in Tract 6. (2) Prior to recordation or site plan approval for a cumulative of more than 2,200 dwelling uni ts, a land disturbance permit shall have been issued and work begun in accordance therewith on a minimum of 15,000 gross square feet of Use I (Town Center Commercial) in Tract 6. (3) For Use I (Town Center Commercial) in Tract 6, each individual business shall be limited to a maximum of 5,000 gross square feet except that two (2) businesses shall be permitted a maximum of 15,000 gross square feet and one (1) business shall be permitted a maximum of 30,000 gross square feet. - (4) A land disturbance permit shall have been issued and work begun in accordance therewith on a minimum of 50,000 gross square feet of nonresidential space in Tract 10 prior to the commencement of land disturbance for any residential dwelling units in Tract 10, excluding Use G (Town Center Residential) and Use H (Assisted Living Community). (p) 6. Maximum Density. The maximum density of this development is 2,449 single- family units, 1,331 townhouse/condominium units, 908 apartments, 300 Assisted Living Community Units, 470,000 square feet of shopping center, 950 student elementary school, 1,750 student high school, 25,000 square feet of recreation center, and 371 acres of community parks (other than County parks) or different density for permitted uses, as approved by the Transportation Department, provided the different density results in an equal or fewer number of total trips in both the AM and PM peak hours as reflected in the Traffic Impact Study (the ~Study") for Branner Station Development, Chesterfield County, Virginia, prepared by Wilbur Smith Associates dated March 7, 2006; with addenda 1 and 2 prepared by Wilbur Smith Associates dated June 20, 2006 and September 12, 2006 respectively; and Addenda 3 and 4 prepared by T3 Design dated November 28, 2006 and March _/ 07-891 8, 2007, respectively, including revised Figure 4 dated June 2 0, 2 0 0 7 . ( T) 7. Right of Way Dedications. A. In conjunction with recordation of the initial subdivision plat, prior to any site plan approval, or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first, the following rights-of- way, as identified on the Thoroughfare Plan which was adopted by the Board of Supervisors, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of these rights-of-way shall be approved by the Transportation Department: 1. Forty-five (45) feet of right-of-way on the south side of Bradley Bridge Road, measured from a revised centerline, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, of that part of Bradley Bridge Road immediately adjacent to the Property. 2. Forty-five (45) feet of right-of-way on the west side of Branders Bridge Road, measured from a revised centerline, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, of that part of Branders Bridge Road immediately adjacent to the Property. 3. A ninety (90) foot wide right-of-way, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Depart.ment, for a north/ south major arterial (the ~North/South Parkway") from Branders Bridge Road at the northern Property line, through the Property to the East/West Freeway. 4. A ninety (90) foot wide right-of-way, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, for an east/west major arterial (~Happy Hill Road Extended") from the eastern Property line, through the Property to the western Property line. 5. A two hundred (200) foot wide right-of-way, based on VDOT Rural Principal Arterial (60 MPH) standards with modifications approved by the Transportation Department, for an east/west limited access facility (the ~East/West Freeway") through the southern part of the Property from the western Property line to Branders Bridge Road. 6. A variable width right -of -way for a limited access interchange for the East/West Freeway with the North/South Parkway, totaling 07-892 09/26/07 approximately sixty-two and eight tenths (62.8) acres as generally depicted in Exhibit C. 7. A backwater easement, not to exceed 11.5 acres, on the west side of Branders Bridge Road, generally located approximately 1,350 feet south of the Happy Hill Road Connection. The exact location and size of the easement shall be approved by the Transportation Department. (T) -' 8. Access Vehicular access for the Property shall be as described below, and as generally shown on the Master Plan. Any modification to the accesses described below and the exact location and type of all accesses shall be approved by the Transportation Department. A. Prior to any tentative subdivision approval or site plan approval, whichever occurs first, an access plan for the North/South Parkway and Happy Hill Road Extended shall be submitted to and approved by the Transportation Department. Vehicular access from the Property to these roads shall conform to the approved access plan. B. Direct vehicular access from the Property to Bradley Bridge Road shall be limited to one (1) public road intersection. The exact location of this access shall be approved by the Transportation Department. -' C. Direct vehicular access from the Property to Branders Bridge Road shall be limited to six (6) public road intersections, excluding the North/South Parkway, the East/West Freeway and Happy Hill Road Connection. The exact location of these accesses shall be approved by the Transportation Department. D. Direct vehicular access from the Property to the East/West Freeway shall be limited to one (1) entrance/exit to serve Tract 10, excluding the intersections of the North/South Parkway and Branders Bridge Road. The exact location of this access shall be approved by the Transportation Department. E. No direct vehicular access shall be provided from the Property to Glebe Point Road or Skybird Road in the Glebe Point Subdivision. (T) -- 9. Public Roads. In all tracts with residential uses, excluding Use Type E (Multifamily Community) if located within multi-story structures and Use Type G and Use Type H (Assisted Living Community provided units are not for sale) as described in the Textual Statement, all roads that 07-893 09/26/07 accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. (T) 10. Transportation Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following. The exact design and length of these improvements shall be approved by the Transportation Department. Alternative road improvements, as requested by the Developer and approved by the Transportation Department and that provide acceptable levels of service as determined by the Transportation Department, may be substituted for the road improvements identified in this Proffered Condition: A. Construction of additional pavement along Bradley Bridge Road at the approved public road intersection to provide left and right turn lanes. B. Construction of additional pavement along Branders Bridge Road at each approved public road intersection including at the North/South Parkway and at the East/West Freeway to provide left and right turn lanes. C. Widening/improving the south side of Bradley Bridge Road for the entire Property frontage to an eleven (11) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and one half (1.5) inches of compacted bituminous asphalt concrete to the extent that such overlay does not exceed $45,000 per mile, adjusted upward based on an increase in the Marshall and Swift Building Cost Index between July 1, 2006 and the fiscal year in which the improvement is made, with modifications approved by the Transportation Department. D. Widening/improving the west side of Branders Bridge Road for the entire Property frontage to an eleven (11) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and one hal f (1. 5) inches of compacted bitumi.nous asphalt concrete to the extent that such overlay does not exceed $45,000 per mile, adjusted upward based on an increase in the Marshall and Swift Building Cost Index between July 1, 2006 and the fiscal year in which the improvement is made, with modifications approved by the Transportation Department. - E. Construction of a two-lane road for Happy Hill Road Extended based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the 07-894 09/26/07 F. Transportation Property 1 ine , Property line. Department, from the eastern through the Property to the western Construction of a four-lane divided road for the North/South Parkway, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, from Branders Bridge Road at the northern Property line, through the Property to the East/west Freeway. ~ G. Construction of a two-lane road for an east/west limited access facility based on VDOT Rural Principal Arterial (60 MPH) standards with modifications approved by the Transportation Department, for the East/West Freeway through the southern part of the Property from the North/South Parkway to Branders Bridge Road. H. Construction of additional pavement along the North/South Parkway, along Happy Hill Road Extended and along the East/West Freeway at each approved access to provide left and right turn lanes, based on Transportation Department standards. 1. Full cost of traffic signalization, including turn lanes at locations specified in the Study along Bradley Bridge Road, along Branders Bridge Road, along the North/South Parkway, along Happy Hill Road Extended and along the East/West Freeway at each approved access, if warranted as determined by the Transportation Department and as indicated in the Study. - J. Construction of a two-lane road for an east/west major arterial (~Happy Hill Road Connection"), based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, including turn lanes and a traffic signal as required by the Transportation Department and as indicated in the Study, from the eastern Property line, to Branders Bridge Road at the Happy Hill Road intersection. K. Reconstruction as a two-lane road of Happy Hill Road, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, including turn lanes and traffic signal modification as required by the Transportation Department and as indicated in the Study, from the Old Happy Hill Road intersection to Harrowgate Road. '- L. Construction of a four-lane divided road for a north/south arterial (" North/South Parkway Extended"), based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, including turn lanes and traffic signals as required by the Transportation Department and as indicated in the Study, from 07-895 09/26/07 Branders Bridge Road at intersection to existing 10) . the North/South Parkway Iron Bridge Road (Route M. Construction of a four-lane divided road for a north/south arterial (" North/South Parkway Extended"), based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, including turn lanes and traffic signals as required by the Transportation Department and as indicated in the Study, from Route 10 at the North/South Parkway Extended intersection to existing Chester Road. N. Construction of an additional two (2) lanes along existing Chester Road to provide a four-lane divided road, based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, and turn lanes as required by the Transportation Department and as indicated in the Study from its intersection with North/South Parkway Extended extending north to the existing four (4) lanes of Chester Road. O. Construction of a two-lane road for an east/west limited access facility (the ~East/West Freeway Extended" ) based on VDOT Rural Principal Arterial (60 MPH) standards with modifications approved by the Transportation Department, including turn lanes and traffic signals or traffic signal modifications as required by the Transportation Department and as indicated in the Study, from Branders Bridge Road to Jefferson Davis Highway (Route 1/301) at the Ruffin Mill Road intersection. P. Construction of the intersection improvements, including adequate storage and receiving lanes as determined by the Transportation Department, as shown on Figure 4 in the Study Addenda 4 prepared by T3 Design dated June 20, 2007. Q. Dedication to Chesterfield County, free and unrestricted, of any additional right-Of-way (or easements) required for the improvements identified above. In the event the Developer is unable to acquire the ~off-site" right-of-way that is necessary for the road improvements described in Proffered Conditions 10. A. through O. above, the Developer may request, in writing, that the county acquire such right-of-way as a public road improvement and the Transportation Department will present and support the request to the Board of Supervisors if the Transportation Department determines that the request is consistent with the Thoroughfare Plan. All reasonable costs associated with the acquisition of the right-of-way shall be borne by the Developer pursuant to a separate contract on the Utilities Department standard form currently titled ~Contract for Payment of Easements and Right of Way Acquisition Costs" between the 07-896 09/26/07 Developer and the County for the payment of right of way acquisition costs. In the event the county fails to assist the Developer in acquisition of the ~off-site" right-of-way, the Developer shall be relieved of the obligation to acquire the ~off- site" right-of-way and shall provide the road improvements within available right-of-way as determined by the Transportation Department, and the road improvements provided within available right-of-way shall be deemed to satisfy the requirement in the approved phasing plan as identified in Proffered Condition 11. (T) -" R. To the extent certain road improvements required herein are financed through a Community Development Authori ty or other funding mechanism approved by the Board of Supervisors and are constructed within the time frames identified herein, the requirements contained herein for the specific road improvements that are the subject of the approved funding mechanism shall be deemed satisfied. (T) S. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the value of the road improvements provided hereunder in Proffered Condition 10 shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. (B&M) 11. Residential Phasing Plan. - Prior to any construction plan approval or site plan approval, whichever occurs first, a phasing plan for the required road improvements as identified in Proffered Condition 10 A. through P., shall be submitted to and approved by the Transportation Department. Unless otherwise mutually agreed upon by the Transportation Department and the Developer, the approved phasing plan shall require, among other things, that: A. Phase I on Exhibit A Prior to release of the first building permit, two (2) lanes of the four (4) lane divided North/South Parkway Extended including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10. L.t from Branders Bridge Road at the North/South Parkway intersection to existing Iron Bridge Road (Route 10), Happy Hill Road Connection as described in Proffered Condition 10. J., and the reconstruction of Happy Hill Road as described in Proffered Condition 10. K. shall be completed, as determined by the Transportation Department. In addition, the Board of Supervisors shall approve the specific location for the East/West Freeway Extended as described in Proffered Condition 10.0. from Branders Bridge Road to Route 1/301. -- 07-897 09/26/07 B. Phase II on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 600 residential units, two (2) lanes of the four (4) lanes of North/South Parkway Extended including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10. M. from Route 10 to existing Chester Road shall be completed as determined by the Transportation Department. C. Phase III on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 1,800 residential units, two (2) lanes of the East/West Freeway Extended including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10.0. from Harrowgate Road to Route 1/301 shall be completed as determined by the Transportation Department. D. Phase IV on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 2,500 residential units, two (2) lanes of the East/West Freeway Extended including turn lanes and traffic signals if warranted as determined by the Transportation Department and as indicated in the Study, as described in Proffered Condition 10.0. from Branders Bridge Road to Harrowgate Road, four-lane divided road for the North/South Parkway from Branders Bridge Road to the East/West Freeway as described in Proffered Condition 10. F. I two-lane road for the East/West Freeway from the North/South Parkway to Branders Bridge Road as described in Proffered Condition 10.G" and two (2) additional lanes for existing Chester Road to provide a four- lane di vided road as described in Proffered Condition 10.N. shall be completed as determined by the Transportation Department. E. Phase V on Exhibit A - Prior to recordation or site plan approval for a cumulative of more than 3,250 residential units, two (2) additional lanes of North/South Parkway Extended which provides for a four-lane divided road, including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10. M. from Route10 to existing Chester Road shall be completed as determined by the Transportation Department. F. Phase VI on Exhibit A Prior to recordation or site plan approval for a cumulative of more than 4,000 residential units, two (2) additional lanes of North/South Parkway 07-898 09/26/07 Extended which provides for a four-lane divided road, including turn lanes and traffic signals if warranted as determined by the Transportation Department as described in Proffered Condition 10. L. from Branders Bridge Road to existing Iron Bridge Road (Route 10) shall be completed as determined by the Transportation Department. G. In conjunction with any development that includes direct vehicular access to Bradley Bridge Road as described in Proffered Condition 8. B., the road improvements along Bradley Bridge Road, as identified in Proffered Condition 10. C. shall be completed as determined by the Transportation Department. - H. In conjunction with any development that includes direct vehicular access to Branders Bridge Road, other than the North/South Parkway, the Happy Hill Road Connection and the northernmost public road intersection as shown on the Master Plan as described in Proffered Condition 8. C., the road improvements along Branders Bridge Road, as identified in Proffered Condition 10. D. shall be completed as determined by the Transportation Department. (T) 12. Non-residential Phasing Plan. Prior to any site plan approval, phasing plan for the required road improvements as identified in Proffered Condition 10 A. through P., shall be submitted to and -- approved by the Transportation Department. Unless otherwise mutually agreed upon by the Transportation Department and the Developer, the approved phasing plan shall require, among other things, that: A. Prior to issuance of a building permit for any non- residential development, the required road improvements in Phase I of the Residential Phasing Plan as identified in Proffered Condition 11.A. shall be completed, as determined by the Transportation Department. B. Prior to: 1) issuance of building permit(s) for more than a cumulative total of 25,000 square feet of recreation center(s); or 2) issuance of a building permit(s) for more than 200 Assisted Living Community Units, the required road improvements in Phases I and II of the Residential Phasing Plan as described in Proffered Conditions 11.A. and B. shall be completed, as determined by the Transportation Department. -- C. Prior to issuance of a building permit for an elementary school, the required road improvements in Phases I through III of the Residential Phasing Plan as identified in Proffered Conditions 11.A. through C. shall be completed, as determined by the Transportation Department. 07-899 09/26/07 D. Prior to issuance of a building permit for a high school, the required road improvements in Phases I through IV of the Residential Phasing Plan as identified in Proffered Conditions 11.A. through D. shall be completed, as determined by the Transportation Department. E. Prior to issuance of a building permit for more than a cumulative total of 70,000 square feet of office/retail the required road improvements required in Phases I through VI of the Residential Phasing Plan as described in Proffered Conditions 11.A. through F. above shall be completed as determined by the Transportation Department. (T) 13. Phasing Revisions. The estimated cost of the ~of:E - si te" road improvements for each phase of development as detailed in Proffered Condi tions 11 and 12, is identified on Exhibit B. The phasing required for these off-site road improvements as described in Proffered Conditions 11. and 12. may be revised by the Transportation Department if actual traffic impacts differ significantly from the assumptions in the Study, as determined by the Transportation Department. However, in no case shall the cost of the revised off-site road improvements for each phase of the development exceed the estimated costs of the phased road improvements as indicated on Exhibit B. (T) - 14. Contribution. The Developer shall pay (the ~Payment") to Chesterfield County schools 25% of the cost difference between $15,600 times 4,988 dwelling lots/units (the ~Contribution") and the actual cost incurred by the Developer for the cost of the improvements described in Proffered Conditions 10.J., K., L., M., N., 0., and P. (the ~Improvements"), provided the actual cost of the Improvements is less than the Contribution. If the Payment is paid after June 30, 2007, the amount paid shall be adjusted upward by any Board of Supervisors' approved increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the Payment is made. The Payment shall be made within 60 days after the completion of the Improvements and submission by the Developer of all supporting documentation for the cost of the Improvements to the Chesterfield County Department of Budget & Management. For purposes of this proffer, the cost to construct the Improvements shall include, but not be limited to, the reasonable cost of right-of-way acquisition, engineering, relocating utilities, signalization and other traffic control devices and actual costs of construction of roads, and turn lanes (including labor, materials, interest on borrowed funds and overhead). (B&M, T and SA) 07-900 09/26/07 15. Master Road Plan. The Master Plan shall be considered the Master Road Plan. Approval of the Plan by the County does not imply that the County gives final approval for any particular road alignment or section. (T) 16. Environmental Engineering Study. A. Western Drainage Area -' The Developer will perform an off-site drainage study for that property that drains to the west through Glebe Point and will analyze the pipes under any state roads and any floodplains that have been recorded in the sections of Glebe Point. If any of the floodplains that are currently recorded or the pipes under any state road exceed current VDOT standards for secondary roads then the developer will retain water on-site and release such that the 100 year floodplains in Glebe Point are not affected and that the existing pipes meet current VDOT criteria. B. Eastern Drainage Area For all those portions of Branner Station that drain to the east under Branders Bridge Road, the developer will perform a drainage study through the existing subdivisions for all outfalls and based on the studies the Developer will retain and release water on-site or increase the pipes under Branders Bridge Road to meet current VDOT criteria without increasing any of the recorded floodplains in the subdivisions east of Branders Bridge Road. (EE) - 17. Silt Basins. All silt basins in the southern one-third and western one- third portions of the Property shall be sized with a twenty- five percent (25%) increased volume per acre for disturbed areas, with undisturbed areas sized to the required volume per acre based on the requirements of the current Virginia Erosion and Sediment Control Handbook. (EE) Ayes: Nays: Abstain: Humphrey and King. Miller. Sowder and Warren. Mr. Micas confirmed that the motion was approved on a vote of 2 to 1. On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved the waiver to street connectivity requirements to Glebe Point and Skybird Roads. -' Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. Mr. King requested a five-minute recess. 07-901 09/26/07 Reconvening: On motion of Mr. King, seconded by Mrs. Humphrey, the Board suspended its rules at this time to consider the remaining agenda items after 11:00 p.m. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN AMENDMENT TO SECTION 19-227 OF THE COUNTY CODE PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS, RESIDENTIALLY ZONED PROPERTY, DAY CARE CENTERS, CHURCHES, AND OTHER PLACES OF WORSHIP Planning Administrator Carl Schlaudt stated this date and time has been advertised for a public hearing for the Board to consider an amendment to Section 19-227 of the County Code pertaining to the sale of alcoholic beverages near schools, residentially zoned property, day care centers, churches, and other places of worship. He further stated the amendment that was brought before the Board in June would have applied to all businesses that sold alcoholic beverages for on-site consumption. He noted that concerns were expressed relative to the impact of that amendment on businesses. He stated the current proposal would only apply to nightclubs and cocktail lounges located within 500 feet of certain classes of property. In response to Mr. Miller's questions, Mr. Schlaudt stated the amendment does not preclude those uses, but establishes the requirement of a conditional use permit. He further stated nightclubs and cocktail lounges that are currently operating legally would not be impacted by the ordinance amendment. He stated businesses that obtained a conditional use permit, and later had one of the proposed uses locate within 500 feet of the establishment, would also not be impacted by the amendment. Mr. Miller called for public comment. .,..-. Mrs. Lenita Gilreath, representing the Chesterfield Chamber of Commerce, stated the chamber strongly opposed the previously considered proposed alcohol ordinance. She further stated, although staff has revised the amendment so that the ordinance would only apply to cocktail lounges and nightclubs, the chamber still urges the Board to deny the current proposal. She stated cocktail lounges are defined as serving alcohol and having live entertainment or dancing by the public, and nightclubs serve alcoholic beverages and have both live entertainment and dancing by the public. She asked the Board to consider restaurants l:hat serve alcohol, have live entertainment and host private parties with dancing. She stated the Virginia Departmen1: of Alcoholic Beverage Control and the police departments are charged with enforcing the commonwealth's strict alcohol laws, indicating that the county does not need an unnecessary ordinance to place a roadblock in the way of new businesses that want to locate in 07-902 09/26/07 the county. She requested that the Board vote no on the proposal in the name of economic development. Mr. Dave Anderson, a resident of the Midlothian District, provided details of the Roseland development, which is currently in the planning stages, which will contain open spaces, plazas, parks and certain mixes of uses to create an environment of community. He stated one of the best venues for this type of community interaction is in restaurants, and noted that restaurants often look for live entertainment for their patrons. He further stated this will be an important element to Roseland's vibrant and walkable main street district. He expressed concerns that the wording of the ordinance makes it applicable to any establishment that tries to provide artistic entertainment while also serving alcohol. He stated he is specifically concerned about the separation of these establishments from residential areas, when developers are trying to create a walkable community. He requested that the Board look closely at the wording of the proposed ordinance, remove the residential proximity element of the language, and consider redefining the types of places affected to include establishments that derive a majority of their income from alcohol use, adul t entertainment venues, and the like. Ms. Amy Satterfield, Executive Director of the Village of Midlothian Volunteer Coalition, stated there are 40-foot buffers between residential and commercial development in the village to encourage a village atmosphere and allow people to walk from their homes to businesses comfortably. She expressed concerns that the proposed ordinance could not work in a village setting, indicating that the whole point of a village community is to create proximity of uses. She stated she sees the proposed ordinance as an impediment to the success of the Village of Midlothian, as well as to other villages in the county. Mr. William Shewmake, a resident of the Midlothian District, reiterated what the Board has been heard. He stated new urbanism development is trying to create a sense of community where residents can walk to various locales, and the proposed amendment would be counterproductive in that regard. He further stated, in his opinion, the ordinance would be harmful to small businesses. He suggested that the Board take some time and chose particular areas in the county that might need to be protected by an ordinance amendment such as this. There being no one else to address the issue, the public hearing was closed. Mr. King stated the chamber expressed his view very nicely, indicating that he will support their position. Mr. Miller expressed concerns relative to C-3 districts that allow nightclubs and cocktail lounges by right that back up to neighborhoods, noting that these are not the type of nightclubs and cocktail lounges that those that were described by the speakers tonight. He stated the proposed ordinance would not preclude these establishments, but set forth the requirement for a conditional use permit to allow the Board to determine the suitability of the establishments. He expressed concerns relative to the number of drunken 07-903 09/26/07 - ~ - drivers on the roads, indicating that he does not want them in neighborhoods or causing problems for schools. He noted that the proposal protects existing establishments, provides for a conditional use permit, and allows the Board the opportunity to look at each individual case, indicating that this makes sense to him. Mrs. Humphrey inquired why included since there are some back up to un-zoned property. agricultural zoning was not commercial establishments that Mr. Schlaudt stated the amendment was patterned from the existing regulations that pertain to schools. Mrs. Humphrey stated she may want to amend to proposed ordinance to add agricultural property. Mr. Micas stated this would create an advertising issue since the Board has not advertised that the restriction is being applied to a larger area. Mr. Miller stated that would be a future possibility. Mrs. Humphrey expressed concerns relative to property line variables that have created problems with older homes that have been established as special events businesses. Mr. King inquired whether any thought had been given to crafting an ordinance that would not allow anything to establish within 500 feet of a business, thereby protecting the largest revenue producers in the county. Mr. Sowder stated, in his opinion, the new urbanism development concept is critical. He further stated he would have difficulties supporting the currently proposed amendment. Mr. Warren stated, in this opinion, there are too many issues wi th the proposed ordinance dealing with the new urbanism concept, and he thinks it needs to be studied further. Mr. Miller made a motion for the Board to approve the proposed amendment to Section 19-227 of the County Code pertaining to the sale of alcoholic beverages near schools, residentially zoned property, day care centers, churches, and other places of worship. Mr. Miller's motion failed due to lack of a second. 17.B. TO CONSIDER ADOPTION OF A RESOLUTION APPROVING A REGIONAL WATER SUPPLY PLAN Mr. Hayes stated the General Ass.embly has mandated the development of water supply plans for localities throughout the state. He further stated the member localities of the Appomattox Regional Water Authority have elected to participate in developing a regional water supply plan. He stated this date and time has been advertised for a public hearing for the Board to consider adoption of a resolution approving a regional water supply plan. He stated staff comments, as well as citizen input l have been incorporated into the document, and noted that the plan concluded that the 07-904 09/26/07 existing water sources for Chesterfield County would be adequate until approximately 2040. He further stated staff recommends adoption of the resolution approving the regional water supply plan. Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution: -' WHEREAS, the virginia General Assembly has mandated the development of local and regional water supply plans throughout the Commonwealth and the Department of Environmental Quality has developed Regulations to implement this planning process; and WHEREAS, based upon these Regulations, Chesterfield County is required to complete a water supply plan that fulfills regulations 9 VAC 25-780; and WHEREAS, the Cities of Colonial Heights and Petersburg and the Counties of Chesterfield, Dinwiddie, Prince George (the localities) and the Town of McKinney have elected to participate together with the Appomattox River Water Authority (Authority) to develop a regional water supply plan ("Appomattox River Water Authority Regional Water Supply Plan") which will comply with the Regulations; and WHEREAS, the regional water supply plan was developed with input from the Planning and Utility Departments of the localities and the Authority; and ~ WHEREAS, a public information meeting was held in Chesterfield County to obtain citizen input on the future water needs of the region on April 23, 2007, and WHEREAS, Black & Veatch/Wiley & Wilson Consulting Engineers have developed the regional water supply plan for the Authority and the localities; and WHEREAS, the Board of Supervisors of Chesterfield County has held a Public Hearing pertaining to the regional water supply plan at its meeting on September 26, 2007. NOW, THEREFORE, BE IT RESOLVED that the Board Supervisors of Chesterfield County approves and adopts Appomattox River Water Authority Regional Water Supply for the purpose of fulfilling its obligations under Regulations. of the Plan the AND, BE IT FURTHER RESOLVED that the Board of Supervisors of Chesterfield County authorizes and requests the Authority to timely submit the Appomattox River Water Authori ty Regional Water Supply Plan to the Department of Environmental Quality on behalf of the City of Colonial Heights, the City of Petersburg, the County of Chesterfield, the County of Dinwiddie, the County of Prince George and the Town of McKinney and the Authority. - Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07-905 09/26/07 17.C. TO CONSIDER AN "ORDINANCE ADOPTING RESTRICTIONS ON USE OF PUBLIC WATER DURING DROUGHT AND/OR EMERGENCY CONDITIONS" Mr. Hayes stated the regional water supply plan just adopted by the Board requires that localities adopt appropriate ordinances to restrict the use of public water during drought and/or emergency conditions. He further stated this date and time has been advertised for a public hearing for the Board to consider an ordinance that would satisfy these requirements. Mr. Miller called for public comment.. No one came forward to speak to the ordinance. On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING AND ENACTING SECTIONS 18-151, 18-152, 18-153, 18-154, 18-155, 18-156, 18-157 and 1:3-158, RELATING TO VOLUNTARY, MANDATORY Al~D EMERGENCY RESTRICTIONS ON USE OF PUBLIC WATER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-151 through 18-158 of the Code of the County of Chesterfield, 1997, as amended, are added and enacted to read as follows: Sec. 18-151. Declaration of voluntary, emergency water use restrictions. mandatory or The director shall declare voluntary water use restrictions and recommend to the county administrator that he declare mandatory or emergency water use restrictions during periods of extended droughts or other emergency conditions in which available water resources are compromised. Any declaration of mandatory or emergency water use restrictions shall be confirmed by the board of supervisors at its next regularly scheduled meeting after the declaration or with fourteen days after the declaration, whichever occurs first. Water use restrictions shall be declared to assure maximum beneficial use of available water resources for the public welfare. The director shall use as a basis for declaring or recommending water use restrictions established criteria for reservoir levels and river flows as developed and provided by source-water suppliers. Emergency water use restrictions may also be imposed if the director recommends them based on a determination that an emergency condition of any nature exists that threatens the availability of the public drinking water supply. The director shall likewise nullify, or recommend the nullification of, the water use restrictions when recovered conditions based on established criteria for reservoir levels and river flows are met or when in the director's judgment, the emergency condition has been resolved. 07-906 09/26/07 Sec. 18-152. Voluntary water conservation measures. Upon the declaration of measures, users of the public voluntarily limit their use of voluntary water conservation water system are requested to public water as follows: (a) Decorative or landscape fountains. Limit filling and replenishing to two days per week, from 8 p.m. - 10 a.m. "- (b) Paved areas. Unrestricted concerns. Limit washing to two days per week. for immediate health and safety (c) Swimming pools. Limit to filling and replenishing to maintain health and safety. (d) Vehicle washing. Non-commercial washing is limited to two days per week using only hand-held hoses with an automatic shut-off nozzle. Commercial vehicle washing businesses are permitted to operate under normal conditions. (e) Established landscaping and gardens. Watering is limited to three days per week by address. Addresses ending with an odd number may water only on Tuesdays, Thursdays and Saturdays. Addresses ending with an even number and locations with no street number may water only on Wednesdays, Fridays and Sundays. Watering is prohibited on Mondays. Watering with buckets of up to five gallons per day is permitted any time. _0 (f) Vegetable gardens. Limit watering to per week and from 8 p.m. 10 a.m. Watering by bucket is unrestricted. any two days on any day. ( g) New landscaping. All watering is first 10 days after planting. restriction for established vegetable gardens shall apply. permitted for Thereafter, landscaping the the and (h) Golf courses. Limit watering to 8:00 p.m. - 10:00 a. m. on any day. Greens are exempted from this restriction. (i) Businesses. Limit to essential use only. (j) Restaurants. No restrictions. (k) All other consumption. encouraged. Conservation by any means .-/ Sec. 18-153. Mandatory public water use restrictions. Upon the declaration of mandatory restrictions, users of the public water their use of public water as follows: public water use system shall limit (a) Decorative or landscape fountains. prohibited. Water use is 07-907 09/26/07 (b) Paved areas. Washing is prohibited except for immediate health and safety requirements. (c) Swimming pools. Limit to filling and replenishing to maintain health and safety. All other uses are prohibited. (d) Vehicle washing. Non-commercial washing is limited to one day per week using only hoses with an automatic shut-off nozzle. Commercial vehicle washing businesses are permitted to operate under normal conditions. (e) Established landscaping and gardens. Watering is limited to three days per week by address. Addresses ending with an odd number may water only on Tuesdays, Thursdays and Saturdays. Addresses ending with an even number and locations with no street number may water only on Wednesdays, Fridays and Sundays. Watering is prohibited on Mondays. Watering with buckets of up to five gallons per day is permitted any time. (f) Vegetable gardens. Limit watering to any two days per week and from 8 p.m. - 10 a.m. on any day. Watering by bucket is unlimited. ( g) New landscaping. All watering is first 10 days after planting. restriction for established vegetable gardens shall apply. permitted for the Thereafter, the landscaping and (h) Golf courses. Watering restricted to Tuesday through Sunday between 8:00 p.m. and 4:00 a.m. Greens are exempted from this restriction. (i) Businesses. Limit to essential use only. (j) Restaurants. No restrictions. (k) All other consumption. encouraged. Conservation by any means Sec. 18-154. Emergency public water use restrictions. Upon declaration of emergency public water restrictions, users of the public water system shall their use of public water as follows: use limit (a) Decorative or landscape fountains. is prohibited. All water use (b) Paved areas. All water use is prohibited. (c) Swimming pools. All water use is prohibited. (d) Vehicle washing. All water use is prohibited. (e) Established landscaping and gardens. All water use is prohibited. (f) Vegetable gardens. All water use prohibited. 07-908 09/26/07 (g) New landscaping. All water use is prohibited. (h) Golf courses. All water use is prohibited. (i) Businesses. Limit water usage to those essential for business and human hygiene. (j) Restaurants. Water use only for cooking, hygiene and meal beverage. "---,,,,' (k) All other consumption. use only. Limit water to essential Sec. 18-155. Public Notification Notice of the declaration of voluntary water conservation measures will be furnished to local media formats including but not limited to print media, radio, television and appropriate computer-based websites. Notice of the declaration of mandatory and emergency public water use restrictions shall be furnished to the same local media formats. Additionally, declaration for mandatory and emergency public water use restrictions shall be published in widely circulated print media for a minimum of one day per week for each week that the restrictions are in force. Sec. 18-156. violation. It shall be a violation for any person to use water or allow or cause the use of water in violation of the provisions for mandatory and emergency water use restrictions after the first publication required by Section 18-155 herein. --'" Sec. 18-157. Penalty (a) Any person who violates any provisions of ordinance related to mandatory water use restrictions be subject to the following penalties: this shall (i) For the first offense, violators shall be fined $100.00. For the second offense, violators shall be fined two hundred dollars ($200.00). For the third offense, violators shall be fined four hundred dollars ($400.00). For the fourth offense, violators shall be fined eight hundred dollars ($800.00). For the fifth and each subsequent offense, violators shall be fine one thousand six hundred dollars ($1,600.00). All fines shall be imposed on the violator's next water bill. (ii) Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs. "-- (iii) Persons shall have the right to challenge the assessment of a penalty. Such challenge shall be filed within 10 days of the assessment of the penalty by notifying the County Attorney of such challenge, in writing. Upon receipt of such challenge, the County Attorney shall file a civil warrant in General District Court seeking adjudication of the imposition of the fine. 07-909 09/26/07 (b) Any person who violates any provisions of ordinance related to emergency water use restrictions be subject to the following penalties: this shall (i) For the first offense, violators shall be fined $200.00. For the second offense, violators shall be fined four hundred dollars ($400.00). For the third offense, violators shall be fined eight hundred dollars ($800.00).. For the fourth and each subsequent offense, violators shall be fine one thousand six hundred dollars ($1,600.00). All fines shall be imposed on the violator's next water bill. (ii) Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs. (iii) Persons shall have the right to challenge the assessment of a penalty. Such challenge shall be filed within 10 days of the assessment of the penalty by notifying the County Attorney of such challenge, in writing. Upon receipt of such challenge, the County Attorney shall file a civil warrant in General District Court seeking adjudication of the imposition of the fine. Sec. 18-158. Definitions. The following words and phrases, when used in this ordinance, shall have the meaning ascribed to them below, except in those instances where the context clearly indicates a different meaning: Established landscaping. Landscaping plantings existing in an area after such period of time as to accomplish an establishment and maintenance of growth. New landscaping. Any landscaping made up of plants or seeds in or transplanted to an area wi thin such period of time as to accomplish a reasonable establishment and maintenance of growth. Over seeding an existing lawn does not qualify as new landscaping. Person. Any association, company, legal entity. individual corporation, partnership, business, trust, joint venture or other Swimming pool. Any structure, basin, chamber, or tank, containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two feet or more at any point. Vegetable garden. Any "non-commercialtt vegetable garden planted primarily for household use; "non-commercial" includes incidental direct selling of produce form such a vegetable garden to the public. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07-910 09/26/07 17.D. TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT.. AUTHORITY AND APPROVAL OF A SPECIAL ASSESSMENT AGREEMENT WITH THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY REGARDING THE FINANCING OF CERTAIN INFRASTRUCTURE Mr. Pitaro stated this date and time has been advertised for a public hearing for the Board to consider an ordinance establishing a special assessment for the Lower Magnolia Green Development Authority and a Special Assessment Agreement between the Board of Supervisors, the Lower Magnolia Green CDA and owner(s) of property within the CDA District. Mr. Miller called for public comment. Mr. Reuben Waller, a resident of the Midlothian District, expressed concerns that the county is obligated to build a 4- lane road across the causeway, as part of the CDA. He stated funds will be taken from the Utilities Fund to construct that road, indicating that these funds are designated to maintain the utilities system and not for road construction. There being no one else to speak to the issue, the public hearing was closed. Mr. King inquired whether surplus utility funding has been used for other projects. Mr. Stegmaier stated the funds available in the utility system are strictly limited in terms of use by the bond covenants. He further stated the county does have to be very careful in using these funds; however, in this case, the reservoir is a utility facility, and the Utilities Department has some responsibility for maintaining the road that crosses the reservoir. He stated, when staff looked at this, they considered the total cost of the project and made an attempt to determine what portion of the causeway crossing is the responsibility of the Utilities Department, which goes back to the original two lanes which have always crossed that area. He further stated expansion of the road to four lanes is unrelated, and would require another source of funding; however, the county would be permitted to use utility funds to improve the existing road just within the causeway area. On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board adopted the following ordinance: ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY AND AUTHORIZING A SPECIAL ASSESSMENT AGREEMENT WHEREAS, the Board of Supervisors (the "Boardl1) of the County of Chesterfield, Virginia (the "County") created the Lower Magnolia Green Community Development Authority (the "CDA") by Ordinance enacted August 22, 2007 (the "Ordinance"); and, WHEREAS, the CDA has requested that the Board establish a special assessment on property within the CDA District by 07-911 09/26/07 - ........" -- resolution adopted August 28, 2007 (the "CDA Resolution"); and, WHEREAS, the Board proposes to set forth certain agreements with the CDA and Magnolia Green Development, LLC, as owner of the land wi thin the CDA and as developer (the "Landowner") pursuant to a Special Assessment Agreement among the County, the Landowner, and the CDA (the "Special Assessment Agreement"); and, WHEREAS, the tax parcel numbers for the land within the CDA as set forth in the Ordinance and the CDA Resolution have been updated and corrected and the updated and corrected tax parcel numbers are as set forth i.n the Special Assessment Roll attached as Appendix A-2 to the RMA (as herein defined) ; and WHEREAS, the CDA proposes to issue its "Bonds") to finance certain infrastructure benefiting the CDA District; and bonds ( the improvements WHEREAS, the establishment of a special assessment on property within the CDA District and the actions contemplated by the Special Assessment Agreement will benefit the citizens of the County by promoting increased employment opportunities, a strengthened economic base and increased tax revenues and additional business opportunities. NOW, THEREFORE, BE IT ORDA.INED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. Approval of Special Assessment Agreement. The Special Assessment Agreement is approved in substantially the form presented to the Board at this meeting, with such changes and corrections (including, without limitation, changes in the date thereof) that do not materially adversely affect the County I s interests as may be approved by the County Administrator or the Chairman of the Board of Supervisors, whose approval shall be evidenced conclusively by the execution and delivery of the Special Assessment Agreement. The County Administrator and the Chairman of the Board of Supervisors, or either of them, is authorized and directed to execute and deliver the Special Assessment Agreement. 2. Special Assessment. By agreement between the Landowner and the Board pursuant to the Special Assessment Agreement, special assessments to pay the costs of public improvements to benefit property within the CDA District are hereby established and apportioned in accordance with the Rate and Method of Apportionment of Special Assessments ("RMA" ) in substantially the form presented to the Board at this meeting. The CDA Board is authorized to approve or to provide for the approval of a Special Assessment Roll allocating the special assessment among the tax parcels within the CDA District in accordance with the RMA as such tax parcels exist as of the date of recordation of the RMA in the land records of the County. The CDA shall cause notice of the special assessments to be reported to the County 's Treasurer or other County official responsible for the collection of taxes. The special assessments shall be liens on the taxable real property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2-2404 et. seq. 07-912 09/26/07 3. subsequent Resolution. The Board may make such additional changes or amendments to the Special Assessment Agreement as it determines to be necessary or appropriate by subsequent resolution. 4. Severability. If any part, section, clause or phrase of this Ordinance, or any individual assessment levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion hereof or assessment hereunder. ---- 5. Effective Date. immediately. This Ordinance shall be effective And, further, the Board approved a Special Assessment Agreement between the Board of Supervisors, the Lower Magnolia Green CDA and owner (s) of property within the CDA District. (It is noted a copy of the agreement is filed with the papers of this Board.) Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 17.E. TO CONSIDER AN ORDINANCE TO AMEND CHESTERFIELD COUNTY CODE SECTION 5-7.4 TO ALLOW FOR INTEREST TO ACCRUE ON LIENS INCURRED TO CORRECT SPOT BLIGHT Mr. Micas stated the cost of removing blighted property becomes a lien on the property if it is not paid by the property owner. He further stated this date and time has been advertised for a public hearing for the Board to consider an ordinance amendment, which would allow the imposition of interest until such time of removing blighted property is paid by the property owner. He noted staff recommends approval of the amendment. - Mr. Miller called for public comment. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 5-7.4 RELATING TO ALLOWING INTEREST ON LIENS INCURRED TO CORRECT SPOT BLIGHT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section Chesterfield, 1997, read as follows: 5-7.4 of the Code of the County of as amended, is amended and re-enacted to "-" Sec. 5-7.4. Same--procedures for notification of owner, public hearings. declaring blight; (a) The county administrator or his designee shall make a preliminary determination that a property is blighted in accordance with section 5-7.3 and shall notify the owner by regular and certified mail, specifying the reasons why the 07-913 09/26/07 property is considered blighted. The notice mailed to the owner also shall be posted on the property. The owner shall have 30 days within which to respond with a plan that would cure the blight within a reasonable time. (b) Upon approval of the plan to cure blight the owner shall have 90 days to complete all 'work approved in the plan. The county administrator or his designee may grant extensions of time to complete work where in his opinion the owner has completed substantial portions of the work in compliance with the plan. (c) If the owner fails to respond within the 30-day period set forth in section 5-7.4(a) with a plan that is acceptable to the county administrator or his designee, or fails to complete the work approved in the plan to cure blight and has not been granted an extension of time to complete such, the county administrator or his designee may: (1) Request the planning commission to conduct a public hearing and make findings and recommendations that shall be reported to the board of supervisors concerning the repair or other disposition of the property in question; and (2) If a public hearing is scheduled, shall prepare a plan for the repair or other disposition of the property. (d) Not less than three weeks prior to the date of the public hearing before the planning commission, the commission shall provide, by regular and certified mail, notice of such hearing to: (1) The owner of the blighted property or the agent designated by him for receipt of service of notices concerning the payment of real estate taxes on the (2) The abutting property owners in each direction, including those property owners immediately across the street or road from thl: property; and (3) The representative neighborhood association, if any, for the immediate area. ~- The notice shall include the plan for the intended repair or other disposition of the property. The notice of the public hearing shall be published at least twice, with not less than six days elapsing between the first and second publication, in a newspaper published or having general circulation in the county. The notice also shall be posted on the property. The notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six days nor more than 21 days after the second publication. (e) The planning commission shall determine whether: (1) The property is blighted; (2) The owner has failed to cure the blight or present a reasonable plan to do so;~ 07-914 09/26/07 (3) The plan for the repair or other disposition of the property is in accordance with the county's comprehensive plan, zoning ordinance, and other applicable land use regulations; (4) The property is located within an area listed on the National Register of Historic Places or, pursuant to chapter 19 of this Code, is located within an historic district or is a designated landmark. In such instances, the planning commission shall consult with the preservation commi t tee regarding the proposed repair or other disposition of the property; and (5) If the property is to be acquired, whether the property is occupied for personal residential purposes and whether it has been condemned for human habitation for more than one year. (f) The planning commission shall report its findings and recommendations concerning the property to the board of supervisors. The board of supervisors, upon receipt of such findings and recommendations, may, after an advertised public hearing, affirm, modify, or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the county may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provision of this section, and applicable law. The county shall have a lien on all property so repaired or acquired under an approved plan to recover the cost of: ....-/ (1 ) Improvements made by blighted property into building codes; and the county to bring the compliance with applicable (2) Disposal, if any. The lien shall bear interest at the legal rate of interest beginning on the date the repair or disposal is completed through the date on which the lien is paid. The lien authorized by this subsection shall be filed in the circuit court and shall be subordinate to any prior liens of record. The county may recover its costs of repair from the owner of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner. If the property is acquired through eminent domain, the cost of repair may be recovered when the county sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale. (2) That this ordinance shall become effective immediately upon adoption. .-/ Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 07-915 09/26/07 17.F. TO CONSIDER AN ORDINANCE TO '~ACATE EXCESS RIGHT OF WAY ALONG COMMONWEALTH CENTRE PARKWAY ,~ Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate excess right of way along Commonwealth Centre Parkway, subj ect to the Virginia Department of Transportation certifying that the right of way is no longer needed for transportation purposes. Mr. Miller called for public comment:. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to COMMONWEALTH CENTRE STORAGE, LLC, ("GRANTEE"), excess right of way along Commonwealth Centre Parkway, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 75, at Pages 17 and 18. WHEREAS, COMMONWEALTH CENTRE STORAGE, LLC, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate excess right of way along Commonwealth Centre Parkway, MATOACA Magisterial District, Chest:erfield 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 75, Pages 17 and 18, by BALZER AND ASSOCIATES, INC., dated JANUARY 31, 1989, and recorded APRIL 19, 1991. The right of way petitioned to be vacated is more fully described as follows: All that certain piece or parcel of land containing o . 108 acre as shown on a plat made by BALZER AND ASSOCIATES, INC., dated MARCH 13, 2007, and revised SEPTEMBER 5, 2007, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, \TIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid excess right of way be and is hereby vacated. GRANTOR hereby reserves a 16-foot water easement, as shown on the attached plat. GRANTOR further reserves a VDOT sight distance easement over the entirety of the right of way hereby conveyed and easements for the benefit of Virginia Electric and Power Co. and Verizon Virginia, Inc. for 07-916 09/26/07 existing utilities installed within the right of way. GRANTEE, by execution of this Ordinance agrees to execute such further agreements as may be required by the utility companies. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, upon certification by the Virginia Department of Transportation Commissioner that the right of way is no longer deemed necessary for transportation purposes, 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, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. - The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the right of way in the adjoining owner free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and COMMONWEALTH CENTRE STORAGE, LLC, or its successors in title, as GRANTEE. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 17.G. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT LAKE CHESDIN PARK TO NEW CINGULAR WIRELESS PCS, LLC .......,/ Mr. Stith stated this a public hearing for county property at Wireless PCS, LLC. date and time has been advertised for the Board to consider the leasing of Lake Chesdin Park to New Cingular Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the leasing of county property at Lake Chesdin Park to New Cingular Wireless PCS, LLC. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 17.H. TO CONSIDER LEASING OF SPACE ON THE PHYSIC HILL WATER TANK TO NEW CINGULAR WIRELESS PCS, LLC ---- Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider leasing of space on the Physic Hill Water Tank to New Cingular Wireless PCS, LLC. Mr. Miller called for public comment. No one came forward to speak to the issue. 07-917 09/26/07 On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved the leasing of space on the Physic Hill Water Tank to New Cingular Wireless PCS, LLC. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. - 17.I. TO CONSIDER LEASING OF SPACE ON THE COUNTY'S NORTHERN AREA CONVENIENCE CENTER TOWER TO T-MOBILE Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider leasing of space on the county's Northern Area Convenience Center Tower to T- Mobile. Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the leasing of space on the county's Northern Area Convenience Center Tower to T-Mobile. Ayes: Miller, King, Humphrey, Sowder and Warren. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board adjourned at 12:37 p.m. until October 10, 2007 at 3:00 p.m. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-918 09/26/07