Loading...
2008-05-28 MinutesBOARD OF SUPERVISORS MINUTES May 28, 2008 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mr. Daniel A. Gecker, Vice Chrm Ms. Dorothy Jaeckle Mr. James "Jim" Holland Ms. Marleen K..Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Mr. Mike Bacile, Dir., Purchasing Ms. Janice Blakley, Clerk to the Board Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Kevin Bruny, Dean, Chesterfield University Mr. Joe Campbell, Dir., Juvenile Detention Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Roy Covington, Dir., Utilities 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 Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III Registrar Mr. John W. Harmon, Real Property Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Paul Hendricks, Deputy Chief Information Officer Mr. Thomas E. Jacobson, Dir., Revitalization Mr. William E. Johnson, Deputy County Admin., Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Kathy Kitchen, Asst. Superintendent of Schools for Business and Finance 08-330 05/28/08 Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting 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. Jay Payne, Asst. to Dep. County Administrator Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Richard Troshak, Dir., Emergency Communication Center Mr. Kirk Turner, Dir., Planning Mr. Warren called the regularly scheduled meeting to order at 3:13 p.m. 1. APPROVAL OF MINUTES FOR APRIL 9, 2008 (REGULAR MEETING) APRIL 23, 2008 (REGULAR MEETING) MAY 2, 2008 (MEETING WITH CONGRESSMAN CANTOR) On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the minutes of April 9, 2008 and April 23, 2008, as amended, and May 2, 2008, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. VIRGINIANS FOR HIGH SPEED RAIL PRESENTATION Mr. Daniel Plaugher, Executive Director of Virginians for High Speed Rail, provided the Board of Supervisors with an update on the progress of the organization. 2.B. YOUTH SERVICES CITIZEN BOARD PRESENTATION Miss Lauren Murphy and Mr. T. C. Robinson presented a report from the Youth Services Citizens Board containing the results and recommendations from "WHY? We Hear You," the annual community youth forum. 2.C. DOMINION VIRGINIA POWER PRESENTATION Mr. Ricky Elder, Station Director, updated the Board about significant environmental enhancements at Dominion Resources, Incorporated's Chesterfield Power Station. J J J 08-331 05/28/08 Mr. Warren thanked Mr. Elder for the informative presentation. Mr. Stegmaier stated Dominion Resources, Incorporated is one of the county's largest corporate citizens, and publicly thanked Dominion for their contributions to the citizens of Chesterfield County. 3. BOARD MEMBER REPORTS • Ms. Jaeckle praised Engine 18's recent response to a house fire in the Bermuda District in which the residents were unable to evacuate the structure. Engine 18 rescued three individuals from the second floor of the house. • Mr. Holland suggested the Board establish a committee to review efficiencies of county departments. He also stated he visited Ms. Melissa Bowen, the survivor of the recent plane crash in the county, and she is recovering well. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests at this time. 5. RESOLUTIONS There were no resolutions at this time. 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS 7.A. AWARD OF ANNUAL REQUIREMENTS CONTRACT FOR ARCHITECTURAL SERVICES WITH MOSELEY ARCHITECTS Mr. Johnson stated the Board is requested to consider at this time an award of annual requirements contract for architectural services with Moseley Architects. Ms. Brenda Stewart, a Matoaca resident, stated after a considerable amount of research, she has found evidence of contracts being steered to Moseley Architects. In response to Ms. Jaeckle's question, Mr. Johnson stated Moseley Architects provided a restatement of the account of costs after the audit. Mr. Holland stated the Budget and Audit Committee did review the information pertaining to the Moseley Architects contract, and there is still ambiguity in relation to the information received. 08-332 05/28/08 Mr. Gecker stated there is no paper trail showing the $486,000 being returned to the School System, but there has been justification provided after the fact to explain the increase in the price on the contract. He further stated he is uncomfortable with Moseley Architects stating the $486,000 was for additional services provided to the county, such as technology advancements and the original contract showed $3 million allocated for technology improvements. He further stated he is uncomfortable placing Moseley Architects on a list of companies that do work for the county without having to bid for the work due to discrepancies over the amount owed back to the county. Ms. Durfee stated concerns relating to the lack of documents for the $486,000. She further stated she is pleased to have citizens such as Ms. Stewart to take the time to question documents and processes. In response to Ms. Durfee's question, Mr. Johnson stated there was no itemized listing of expenditures for the contract until after the audit had been performed. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board denied award of annual requirements contract for architectural services with Moseley Architects. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on various committees. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.A.1. SAFE BOARD OF DIRECTORS On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Ernest P. Williams to serve on the SAFE Board of Directors, whose term is effective June 1, 2008 and will expire May 31, 2011. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.A.2. SUSTAIN OUR COMMUNITIES COMMITTEE On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Ms. Renae Eldred and Mr. R. L. Dunn to serve on the Sustain Our Communities Committee, whose terms are effective immediately and expires on December 31, 2010. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. J J J 08-333 05/28/08 8.A.3. FIRST TEE BOARD OF DIRECTORS On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. Ralph Bolling to serve on the Richmond First Tee Board of Directors, whose term is effective immediately and will expire on May 31, 2011. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved the following streetlight installations in the Midlothian District: • At the entrance to the Midlothian Wood community, at the intersection of Le Gordon Road and Midlothian Wood Boulevard Cost to install streetlight: $373.26 • In the Manchester Heights subdivision, upgrade four existing mercury vapor (MV) streetlights to high pressure sodium vapor (HPSV) Three 7,000-lumen MV lights to 8,000-lumen HPSV: Lancers Boulevard and Walmsley Boulevard Lancers Boulevard and Holborn Road Lancers Boulevard and Hendon Way One 3,000-lumen MV light to 8,000-lumen HPSV: Lancers Boulevard and Elk Road Total cost to upgrade all four streetlights: $653.00 • In the Scottmar subdivision, installation of two streetlights, one in the vicinity of 2340/2348 Scarsborough Drive; the second in the vicinity of 2420/2430 Scarsborough Drive Cost to install streetlights: $172.19 Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. SUPPORTING THE DESIGNATION OF CHESTERFIELD COUNTY AS A "PRESERVE AMERICA" COMMUNITY On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and 08-334 05/28/08 WHEREAS, the goals of this initiative include a greater shared knowledge about our nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and WHEREAS, this initiative is compatible with our community's interests and goals related to historic preservation; and WHEREAS, designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Chesterfield, Virginia supports the designation of Chesterfield County as a Preserve America Community. AND, BE IT FURTHER RESOLVED that Chesterfield County will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.l.b. RECOGNIZING MS. KAREN D. KIRBY, CHESTERFIELD- COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES, UPON HER RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Karen Kirby began her career in public social services in 1977 in Mississippi, and in 1988 in Virginia, and has served in Chesterfield County since November 1989; and WHEREAS, in her roles as social worker, senior social worker, and supervisor in the Chesterfield-Colonial Heights Department of Social Services, Ms. Kirby has competently served individuals, families and the community through the agency's social work programs; and WHEREAS, Ms. Kirby has committed her social work education and skills to providing direct services, supervision and leadership in the areas of child protective services, adult services and protective services, and intake services; and WHEREAS, Ms. Kirby has been instrumental in increasing staffing in adult services to help fill the. gaps and more effectively serve citizens, including successfully advocating for a social work aide position, upgrading a position to a social worker level, and the innovative addition of a clinician position to provide mental health services for adult services recipients; and J J J 08-335 05/28/08 WHEREAS, Ms. Kirby has supported staff development by serving on various subcommittees of the Virginia Institute for Social Services Training Activities to help develop curricula to enhance professional knowledge in the field of adult services; and WHEREAS, Ms. Kirby has been a dedicated advocate for the elderly on the steering committee for the Shepherd's Center of Chesterfield to bring programs, education and services to the elderly community, and on the Central Virginia Taskforce on Domestic Violence to highlight the plight of domestic violence victims in the senior population and develop strategies to help reduce the incidence of domestic violence; and WHEREAS, Ms. Kirby has continually worked to improve the social services system through her contributions on agency, community, and state-level workgroups and task forces addressing policy, practice and programs. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Karen Kirby, expresses the appreciation of all residents for her service to the county, and offers congratulations upon her retirement. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.l.c. RECOGNIZING MASTER POLICE OFFICER WILLIAM E. "BILLY" SIMMONS UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Master Officer William E. "Billy" Simmons will retire from the Chesterfield County Police Department on June 1, 2008, after providing 30 years of quality service to the citizens of Chesterfield County; and WHEREAS, Officer Simmons began his career with Chesterfield County on June 1, 1978 as an automotive mechanic; and WHEREAS, Officer Simmons has faithfully served the county for over 23 years in the capacity of patrol officer, senior police officer, and master police officer; and WHEREAS, Officer Simmons has been commended for his teamwork, knowledge, skills, and ability which resulted in the resolution in a series of burglaries from businesses and residences in the Chester area; and WHEREAS, Officer Simmons has received numerous letters of thanks and appreciation for services rendered in all types of situations; and WHEREAS, Officer Simmons has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Officer Simmons's diligent service. 08-336 05/28/08 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Master Officer William E. "Billy" Simmons, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.l.d. SUPPORTING THE ROUTE 1 AT WOODS EDGE ROAD RIGHT TURN LANE PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Route 1 in the vicinity of Woods Edge Road carries over 20,000 vehicles per day; and WHEREAS, there are over 430 vehicles turning right in the morning peak hour from Route 1 to Woods Edge Road; and WHEREAS, traffic operations on Route 1 at Woods Edge Road should be improved to help ease congestion; and WHEREAS, the Virginia Department of Transportation (VDOT) has determined that the construction of a right turn lane on northbound Route 1 would improve the traffic operations; and WHEREAS, $685,000 in funding for the proposed Route 1 at Woods Edge Road Right Turn Lane Project has been identified with VDOT's FY09 Access Management Grant Program. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors supports the proposed Route 1 at Woods Edge Road Right Turn Lane Project. AND BE IT FURTHER RESOLVED that the Board requests VDOT to proceed with the project as quickly as possible, following customary public involvement procedures and seeking the Board's approval of the design plans prior to moving to the right-of-way phase. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.l.e. NAMING THE UTILITIES OPERATIONS CENTER BUILDING THE "DAVID H. WELCHONS BUILDING" On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. David H. Welchons served the citizens of Chesterfield County as assistant county engineer in 1961, was promoted to director of utilities in 1983, and served in that capacity until his retirement in 1993; and WHEREAS, Mr. Welchons was county's public utility system Chesterfield County; and instrumental in expanding the to meet the growing needs of J J J 08-337 05/28/08 WHEREAS, customers of Chesterfield Utilities today can be thankful for Mr. Welchons' vision and planning for utility facilities within the county, as well as negotiating contracts with neighboring jurisdictions to guarantee adequate resources for the future; and WHEREAS, Mr. Welchons led the department's technology implementation and created the basis of a department that is one of the most technologically advanced public utilities in the state; and WHEREAS, Chesterfield County Department of Utilities' water and wastewater systems are recognized for operational excellence by industry regulatory agencies; and WHEREAS, customers of Chesterfield Utilities enjoy the lowest rates in the area because of Mr. Welchons' influence in the department; and WHEREAS, Mr. Welchons' professionalism and excellence in public service continues to be the established standard for utilities staff to follow. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby endorses naming the Utilities Operations and Maintenance Building in posthumous honor of Mr. David H. Welchons. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Welchons' family and. that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.l.f. AUTHORIZING FINANCING OF VARIOUS CAPITAL IMPROVEMENT PROJECTS THROUGH THE ISSUANCE OF TAX EXEMPT OBLIGATIONS AND DECLARING AN INTENT TO REIMSi7RSE ~. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, TO APPROVE THE FINANCING OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF CAPITAL IMPROVEMENT PROJECTS FOR THE COUNTY, INCLUDING THE EXPANSION OF THE CIRCUIT COURT BUILDING, RENOVATIONS TO THE SMITH WAGNER BUILDING, IMPROVEMENTS TO THE ENON PUBLIC SAFETY TRAINING CENTER, A FIRE LOGISTICS WAREHOUSE, A VEHICLE MANAGEMENT INFORMATION SYSTEM AND VEHICLE FLEET FACILITIES, THROUGH THE ISSUANCE AND FROM THE PROCEEDS OF NOT TO EXCEED $24,000,000 PRINCIPAL AMOUNT OF TAX-EXEMPT OBLIGATIONS OF THE COUNTY, AND TO AUTHORIZE THE REIMBURSEMENT FROM THE PROCEEDS OF SUCH TAX-EXEMPT OBLIGATIONS OF EXPENDITURES TO BE MADE BY THE COUNTY IN ADVANCE OF THE ISSUANCE AND RECEIPT OF THE PROCEEDS OF SUCH TAX-EXEMPT OBLIGATIONS 08-338 05/28/08 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS: SECTION 1. The Board of Supervisors (the "Board of Supervisors") of the County of Chesterfield, Virginia (the "County"), hereby approves the financing of the acquisition, construction, installation, furnishing and equipping of capital improvement projects for the County, including the expansion of the Circuit Court Building, renovations to the Smith Wagner Building, improvements to the Enon Public Safety Training Center, a fire logistics warehouse, a vehicle management information system and vehicle fleet facilities (collectively, the "Projects"), through the issuance and from the proceeds of an issue of not to exceed $24,000,000 principal amount of tax-exempt obligations of the County. The approval hereunder of the financing of the expansion of the Circuit Court Building and renovations to the Smith Wager Building is supplemental to the financing of the expansion of the Circuit Court Building and renovations to the Smith Wagner Building effected through the issuance of certificates of participation on behalf of the County in August 2007. SECTION 2. The Board of Supervisors hereby authorizes the County to make expenditures on the Projects in advance of the issuance and receipt of the proceeds of such tax-exempt obligations of the County and to reimburse such expenditures from the proceeds of such tax-exempt obligations. The adoption of this resolution shall be considered as an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 3. This resolution shall take effect upon its adoption. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.2. SET DATES FOR PUBLIC HEARINGS 8.C.2.a. TO CONSIDER AMENDMENTS TO THE UPPER SWIFT CREEK PLAN RELATING TO: 1) WATER QUALITY, 2) LEVELS OF SERVICE FOR ROADS, SCHOOLS AND PUBLIC SAFETY, 3) LAND USE, AND 4) ECONOMIC DEVELOPMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board set June 25, 2008 at 6:30 p.m., for the Board to consider amendments to the Upper Swift Creek Plan relating to: 1) Water Quality, 2) Levels of Service for Roads, Schools and Public Safety, 3) Land Use, and 4) Economic Development. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.2.b. TO CONSIDER AMENDING COUNTY CODE SECTION 2-45 RELATED TO THE DOLLAR THRESHOLD FOR COMPETITIVE SEALED BIDDING AND COMPETITIVE NEGOTIATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board set June 25, 2008 at 6:30 p.m., for the Board to consider amending County Code Section 2-45 related to the dollar threshold for competitive sealed bidding and competitive negotiation. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. J J J 08-339 05/28/08 8.C.2.c. TO CONSIDER AMENDING SECTION 14-23 OF THE COUNTY CODE RELATING TO USE OF ALCOHOL ON CERTAIN PUBLIC PROPERTY On motion of Mr. Gecker, seconded by Mr. Holland, the Board set June 25, 2008 at 6:30 p.m., for the Board to consider amending Section 14-23 of the County Code relating to use of alcohol on certain public property. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.2.d. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY Mr. Stegmaier stated he was declaring a conflict of interest under the State and Local Conflict of Interests Act in the matters described in this agenda item due to the fact that 1) his daughter, who resides in Iowa, is currently working as a summer intern with Hunton and Williams Law Firm; 2) Hunton and Williams represents the Chesterfield County Economic Development Authority, which is the owner of a portion of the Cloverleaf Mall site which is being redeveloped; and 3) his daughter is temporarily living in his household until June 1, 2008 when she will move to a more permanent rental arrangement for the summer. He further stated the ultimate decision by the Board in the matters described in this agenda item could affect the value of the EDA's property. He stated he has been advised by the County Attorney that this creates a conflict of interest and that the conflict will be eliminated when his daughter moves to her new address on June 1; and even though this conflict is relatively technical and very temporary, he disqualified himself from participating in any way with this agenda item and excused himself from the meeting. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board set June 25, 2008 at 6:30 p.m., for the Board to consider adoption of an Ordinance creating the Chippenham Place Community Development Authority. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Stegmaier returned to the meeting. 8.C.3. AWARD A CONSULTING CONTRACT TO MOSELEY ARCHITECTS FOR A FEASIBILITY AND PROGRAI~SING STUDY FOR THE FUTURE CHESTERFIELD COUNTY PUBLIC SAFETY HEADQUARTERS BUILDING On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a contract with Moseley Architects in the amount of $163,765 for a feasibility and programming study for a future public safety headquarters building. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-340 05/28/08 8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE AND INSTALL LANDSCAPING IN VIRGINIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ALONG WEST WINTERFIELD ROAD On motion of Mr. Gecker, seconded by Mr. Holland, the Board transferred $5,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase and install landscaping in VDOT right-of-way along West winterfield Road. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.5. INITIATION OF CONDITIONAL USE PLANNED DEVELOPMENT APPLICATION FOR MILLSIDE SUBDIVISION TO OMIT REQUIRED SETBACKS FOR STRUCTURES OPEN ON THREE SIDES On motion of Mr. Gecker, seconded by Mr. Holland, the Board initiated a Conditional Use Planned Development relative to setback requirements for structures open on three sides for Millside Subdivision, waived the disclosure requirements and appointed Joe Feest, Planning Administrator, as the Board's Agent. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.6. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR THE AUDRA M. GREEN MUSIC FOR A CAUSE FOUNDATION EVENT ON MAY 31, 2008 On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for a music/entertainment festival permit for the Audra M. Green Music For A Cause Foundation event on May 31, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.7. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT FUNDS FROM THE 2007 STATE HOMELAND SECURITY PROGRAM GRANT 8.C.7.a. TO PURCHASE HEAVY TACTICAL RESCUE EQUIPMENT, EXERCISES AND TRAINING On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Fire and Emergency Medical Services Department to receive and appropriate $15,000 in grant funds from the 2007 State Homeland Security Program Grant (SHSP) to purchase heavy tactical rescue equipment, exercises and training. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. J J J 08-341 05/28/08 8.C.7.b. TO PURCHASE CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR AND EXPLOSIVES EQUIPMENT AND TRAINING On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Fire and Emergency Medical Services Department to receive and appropriate $30,000 in grant funds from the 2007 State Homeland Security Program Grant (SHSP) to purchase chemical, biological, radiological, nuclear and explosives equipment and training. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.8. DONATION OF SURPLUS BOAT TRAILER AND MIRRORCRAFT BOAT BACK TO THE PHILLIPS VOLUNTEER FIRE STATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the donation of a surplus boat trailer and Mirrorcraft boat back to Phillips Volunteer Fire Station 13. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.9. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to 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: Qualla Farms H Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia X33.1-229 Street Name and/or Route 08-342 05/28/08 • Qualla Farms Drive, State Route Number 7281 From: Stockport Dr., (Rt. 5721) To: Qualla Farms Tr., (Rt. 7283), a distance of: 0.03 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40 • Qualla Farms Place, State Route Number 7282 From: Qualla Farms Tr., (Rt. 7283) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40 • Qualla Farms Terrace, State Route Number 7283 From: Qualla Farms Dr., (Rt. 7281) To: Qualla Farms Ct., (Rt. 7284), a distance of: 0.04 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40 • Qualla Farms Court, State Route Number 7284 From: Qualla Farms Tr., (Rt. 7283) To: Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40 • Qualla Farms Terrace, State Route Number 7283 From: Qualla Farms Ct., (Rt. 7284) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to 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: Amended Cameron Bay Sec.D Type Change 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 J J J 08-343 05/28/08 • Village School Lane, State Route Number 7027 From: 0.02 miles W of Walking Path Ln., (Rt. 7025) To: Cameron Bay Dr., (Rt. 5633), a distance of: 0.06 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40 • Village School Lane, State Route Number 7027 From: Cameron Bay Dr., (Rt. 5633) To: Summerhouse Ln., (Rt. 7028), a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40 • Village School Lane, State Route Number 7027 From: Summerhouse Ln., (Rt. 7028) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40 • Cameroa Bay Drive, State Route Number 5633 From: 0.03 miles W of Walking Path Ln., (Rt. 7025) To: Village School Ln., (Rt. 7027), a distance of: 0.10 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 60 • Cameron Bay Drive, State Route Number 5633 From: Village School Ln., (Rt. 7027) To: Temp EOM, a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 60 • Summerhouse Lane, State Route Number 7028 From: Village School Ln., (Rt. 7027) To: Summerhouse Ct., (Rt. 7267), a distance of: 0.19 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40 • Summerhouse Court, State Route Number 7267 From: Summerhouse Ln., (Rt. 7028) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40 • Summerhouse Lane, State Route Number 7028 From: Summerhouse Ct., (Rt. 7267) To: 0.03 miles W of Walking Path Ln. , miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40 (Rt. 7025), a distance of: 0.05 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 08-344 05/28/08 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: Foxfield Type Change 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 • Swift Fox Drive, State Route Number 7288 From: Woolridge Rd., (Rt. 668) To: 0.02 miles N of Woolridge Rd., (Rt. 668), a distance of: 0.02 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 80 • Swift Fox Drive, State Route Number 7288 From: 0.02 miles N of Woolridge Rd., (Rt. 668) To: 0.06 miles N of Woolridge Rd., (Rt. 668), a distance of: 0.04 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = var • Swift Fox Drive, State Route Number 7288 From: 0.06 miles N of Woolridge Rd., (Rt. 668) To: 0.10 miles N of Woolridge Rd., (Rt. 668), a distance of: 0.04 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 60 • Trail Ride Drive, State Route Number 7289 From: Swift Fox Dr., (Rt. 7288) To: Quarter Horse Ln., (Rt. 7290), a distance of: 0.20 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 50 • Trail Ride Drive, State Route Number 7289 From: Quarter Horse Ln., (Rt. 7290) To: Trail Ride Ct., (Rt. 7291), a distance of: 0.26 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 40 • Trail Ride Drive, State Route Number 7289 From: Trail Ride Ct., (Rt. 7291) To: Quarter Horse Ln., (Rt. 7290), a distance of: 0.05 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 50 J J J 08-345 05/28/08 • Quarter Horse Lane, State Route Number 7290 From: Trail Ride Dr., (Rt. 7289) To: Trail Ride Dr., (Rt. 7289), a distance of: 0.18 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 40 • Quarter Horse Lane, State Route Number 7290 From: Trail Ride Dr., (Rt. 7289) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 40 • Trail Ride Court, State Route Number 7291 From: Trail Ride Dr., (Rt. 7289) To: Cul-de-sac, a distance of: 0.19 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 40 Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.10. AUTHORIZE THE COUNTY ADMINISTRATOR TO TRANSFER FUNDS AND EXECUTE CHANGE ORDER NUMBER ONE FOR THE CONSTRUCTION CONTRACT FOR CHESTER MIDDLE SCHOOL FOOTBALL SOCCER FIELD EXPANSION AND SOFTBALL FIELD RELOCATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to transfer $144,593.30 from the Goyne Park Project account to the Park Improvements account and execute Change Order Number One for the construction contract with Interstate Construction Company in the amount of $144,593.30, for additional work at Chester Middle School for the football/soccer field expansion and softball field relocation. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.11. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A l:VNS'1'KUC:'1'1VN CVN'1'KAC'1' FUR MIDLOTHIAN MIDDLE SCHOOL ROADWAY PAVING AND TRACK IMPROVEMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a construction contract with Shoosmith Brothers, Incorporated for Midlothian Middle School roadway, paving and track improvements in the amount of $550,000. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.12. APPROPRIATION OF ADDITIONAL ROAD CASH PROFFER FUNDS AND AUTHORIZATION TO PROCEED WITH THE BRANDERS liK1llG~ KVA1J (STVNEY GLEN) RECONSTRUCTION PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board appropriated an additional $917,000 in road cash proffers (Traffic Shed 18) and authorized the County Administrator to 08-346 05/28/08 proceed with the Branders Bridge Road (Stoney Glen) Reconstruction project. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.13. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED WITH THE OLD HUNDRED ROAD CORRIDOR STUDY On motion of Mr. Gecker, seconded by Mr. Holland, the Board appropriated $66,450 from the General Road Improvement Account and authorized staff to proceed with the Old Hundred Road Corridor Study. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.14. APPROPRIATION OF ROAD CASH PROFFERS AND AUTHORIZATION TO PROCEED WITH THE DESIGN OF THE CHALKLEY ROAD REALIGNMENT PROJECT NORTH OF ECOFF AVENUE On motion of Mr. Gecker, seconded by Mr. Holland, the Board appropriated $100,000 in road cash proffers from Traffic Shed 13 for the Chalkley Road realignment project north of Ecoff Avenue. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16. ACCEPTANCE OF PARCELS OF LAND 8.C.16.a. ALONG WEST HUNDRED ROAD, DALE LANE AND THOMPSON AVENUE FROM WBB DEVELOPMENT COMPANY, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.146 acres along West Hundred Road, Dale Lane and Thompson Avenue from WBB Development Company, LLC, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.b. ALONG IRON BRIDGE ROAD AND FOR THE EXTENSION OF KINGSLAND GLEN DRIVE FROM CHESTERFIELD BUSINESS PARTNERS LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of six parcels of land containing a total of 6.678 acres along Iron Bridge Road and for the extension of Kingsland Glen Drive from Chesterfield Business Partners LLC, and authorized the County Administrator to execute the deed. (It is noted copies. of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. J J J 08-347 05/28/08 8.C.16.c. ALONG ECOFF AVENUE FROM LAVERNE C. COLE AND MARY W. COLE On motion of Mr. Decker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.233 acres along Ecoff Avenue from Laverne C. Cole and Mary W. Cole, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.d. ALONG CROSS STREET FROM CROSS STREET PROPERTY, LLC. On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.100 acres along Cross Street from Cross Street Property, LLC, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.e. ALONG RIVER ROAD FROM JACK B. HICKS AND EVELYN B. HICKS On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.128 acres along the east right of way line of River Road (State Route 602) from Jack B. Hicks and Evelyn B. Hicks, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.f. ALONG IRON BRIDGE ROAD FROM THE MYERS FAMILY PARTNERSHIP, L.P On motion of Mr. Decker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.130 acres along Iron Bridge Road from the Myers Family Partnership, L.P., 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: Warren, Decker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.g. ALONG RIVER ROAD AND GRAVES ROAD FROM PEACEFIELD DEVELOPMENT CORPORATION On motion of Mr. Decker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing 1.679 acres along east right of way line of River Road (State Route 602) and 0.477 acres along the north right of way line of Graves Road (State Route 630) from Peacefield Development Corporation, and authorized the County Administrator to 08-348 05/28/08 execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.h. ALONG WEST HUNDRED ROAD FROM POWERS AND ASSOCIATES, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.0105 acres along West Hundred Road (State Route 10) from Powers and Associates, LLC, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.i. ALONG IRONBRIDGE ROAD FROM SECOND BAPTIST CHURCH On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.058 acres along Ironbridge Road from Second 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.j. ALONG JEFFERSON DAVIS HIGHWAY FROM SEE YUAN CHAN INVESTMENTS, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing a 0.05 acres along Jefferson Davis Highway from See Yuan Chan Investments, LLC, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.k. ALONG COGBILL ROAD FROM SHIV TRADERS, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.116 acres along Cogbill Road from Shiv Traders, Inc., 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. J J J 08-349 05/28/08 8.C.16.1. ALONG JEFFERSON DAVIS HIGHWAY FROM WILLIAM K. AND LORI S. THIBAULT On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.367 acres along Jefferson Davis Highway from William K. and Lori S. Thibault, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.16.m. FOR THE EXTENSION OF NORTH OTTERDALE ROAD FROM TWIN CREEK DEVELOPMENT COMPANY On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 3.539 acres for the extension of North Otterdale Road from Twin Creek Development Company, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.17. APPROVAL OF WATER CnNTRACT~ 8.C.17.a. FOR 20630 BASS STREET WATER IMPROVEMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the following water contract for 20630 Bass Street water improvements: Developer: Ralph Kent and Michaele Shriver Contractor: Gerald K. Moody, Inc. Contract Amount: Estimated County Cost for Off-Site $2,183.50 Estimated Developer Cost $7,616.50 Estimated Total $9,800.00 Code: (Refunds thru Connections - Off-Site) 5B-572V0-E4D District: Matoaca And, further, the Board authorized the County Administrator to execute any necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.18. AWARD OF CONSTRUCTION CONTRACT FOR REPLACEMENT OF THE EXISTING SUNNYBROOK WASTEWATER PUMPING STATION. On motion of Mr. Gecker, seconded by Mr. Holland, the Board awarded a construction contract for replacement of the existing Sunnybrook Wastewater Pumping Station to T.A. Sheets Mechanical Contractors, Inc. in the amount of $6,480,000; 08-350 05/28/08 transferred $7,500,000 from Rate Stabilization to the Sunnybrook Wastewater Pumping Station project account, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.19. 8.C.19.a. REQUESTS TO QUITCLAIM PROPERTY OF BEP LIMITED PARTNERSHIP BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE A VARIABLE WIDTH TEMPORARY REDUCED IMPERVIOUSNESS On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width temporary reduced imperviousness best management practice easement across the property of BEP Limited Partnership. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.19.b. SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT AND TWENTY-FOOT AND FORTY-FOOT STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE ACCESS EASEMENTS ACROSS THE PROPERTY OF BEULAH UNITED METHODIST A VARIABLE WIDTH STORM WATER MANAGEMENT CHURCH On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width storm water management system/best management practice easement and 20-foot and 40-foot storm water management system/best management practice access easements across the property of Beulah United Methodist Church. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.19.c. VARIABLE WIDTH WATER EASEMENTS, A SIXTEEN-FOOT DRAINAGE EASEMENT (PRIVATE), A TWENTY-FOOT STORM WATER MANAGEMENT SYSTEM BEST MANAGEMENT PRACTICE ACCESS EASEMENT AND A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF THE LANDMARK COMPANY, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate variable width water easements, a 16-foot drainage easement (private), a 20-foot storm water management system/best management practice access easement and a variable width storm water management system/best management practice J ,~ J 08-351 05/28/08 easement across the property of The Landmark Company, Incorporated. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.19.d. A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT AND A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF UPHOFF VENTURES, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width storm water management system/best management practice easement and storm water management system/best management practice access easement across the property of Uphoff Ventures, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.20. DESIGNATION OF RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR ECOFF AVENUE On motion of Mr. Gecker, seconded by Mr. Holland, the Board designated right of way and temporary construction easement for Ecoff Avenue and authorized the County Administrator to execute the declaration. (It is noted copies of the plat are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.21. CONVEYANCE OF A VARIABLE WIDTH SLOPE AND DRAINAGE EASEMENT TO THE COMMONWEALTH OF VIRGINIA FOR THE TREELY ROAD TURNLANE IMPROVEMENT PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement conveying a variable width slope and drainage easement to the Commonwealth of Virginia. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None.. 8.C.24. RATIFY REQUEST TO DEPARTMENT OF CORRECTIONS TO HOLD PUBLIC HEARING ON PROPOSED LEASE FOR STATE PROBATION AND PAROLE OFFICES On motion of Mr. Gecker, seconded by Mr. Holland, the Board ratified the request sent to the State Department of Corrections requesting they hold public hearing on a proposed lease at 11310 Business Center Drive for state probation and parole offices. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-352 05/28/08 The following items were removed from the Consent Agenda for Board discussion: Item 8.C.15., Transfer of Funds and Authorization to Proceed with the Magnolia Green Community Development Authority Road Widening Project; Item 8.C.17.b., Approval of Water Contract for Hull Street Road Waterline Extension to Magnolia Green; Item 8.C.22.a., Request for Permission from Richard A. Hobson and Julie D. Hobson for an Existing Shed to Encroach Within an Eight-Foot Easement Across Lot 8, Block A, Lora Lynn Heights, Section 4; Item 8.C.22.b., Request for Permission from RSC Group, LLC for a Concrete Driveway to Encroach Within a Sixteen-Foot Drainage Easement Across Lot 7, Baileys Grove, Section A; Item 8.C.22.c., Request for Permission from Jesse Thrower and Jacquelyn Thrower for a Proposed Above Ground Swimming Pool to Encroach Within a Ten-Foot Easement Across Lot 29, Antler Ridge, Section 8; and Item 8.0.23., Revisions to School Board FY2008 Operating and Capital Improvement Program Appropriations. 8.C.15. ROAD WIDENING PROJECT THE MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY TRANSFER OF FUNDS AND AUTHORIZATION TO PROCEED WITH In response to Mr. Gecker's questions, Mr. Stegmaier stated the Magnolia Green Community Development Authority Road Widening Project is in the design phase. He further stated the county has an obligation to acquire right of way for the project. He explained the county was requesting the $2 million now to provide funding for the project. In response to Mr. Gecker's question, Mr. Covington stated the contract for the waterline has not been executed at this time. He further stated there is no legal obligation for the county to provide the waterline into Magnolia Green. He stated this waterline is the main line, which is over 8,000 linear feet. In response to Mr. Gecker's question, Ms. Durfee stated there is not much land remaining along the corridor that is undeveloped. On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized the transfer of $2,000,000 from the Route 360 West Project to the Magnolia Green Community Development Authority (CDA) Road Widening Project, and authorized staff to proceed with right-of-way acquisition and environmental permitting activities. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.17.b. FOR HULL STREET ROAD WATERLINE EXTENSION TO MAGNOLIA GREEN Mr. Gecker inquired whether the Board could use utilities to slow growth on undeveloped land in the county. He stated he did not intend to facilitate the extension of the utilities in this area. J J J 08-353 05/28/08 Ms. Durfee stated the extension of the waterline will also serve commercial development along the corridor. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the following water contract for Hull Street Road waterline extension to Magnolia Green: Developer: Magnolia Green Development, LLC Contractor:. Piedmont Construction Company Contract Amount: Estimated County Cost for Off-Site $180,730.75 Estimated County Cost for Oversizing $228,090.00 Estimated Developer Cost $1,388,179.00 Estimated Total $1,797,000.00 Code:(Refunds thru Connections - Off-Site) 5B-572V0-E4D (Refunds thru Connections - Oversizing) 5B-572V0-E4C District: Matoaca And, further, the Board authorized the County Administrator to execute any necessary documents. Ayes: Warren, Jaeckle, Holland and Durfee. Nays: Gecker. Mr. Warren stated the current policy on the extension of waterlines needs to be reviewed and requested the Board be presented information on the policy. 8.C.22. REQUESTS FOR PERMISSION 8.C.22.a. FROM RICHARD A. HOBSON AND JULIE D. HOBSON FOR AN EXISTING SHED TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 8, BLOCK A, LORA LYNN HEIGHTS, f'F.C'TTCITT d In response to Mr. Gecker's question, Mr. Harmon stated the easement is undesignated and dedicated by the subdivision plat. He further stated the easement was not requested to be vacated. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a request from Richard A. Hobson and Julie D. Hobson for permission for an existing shed to encroach within an 8- foot easement across Lot 8, Block A, Lora Lynn Heights, Section 4, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.22.b. FROM RCS GROUP, LLC FOR A CONCRETE DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 7, BAILEYS GROVE, SECTION A In response to Mr. Gecker's question, Mr. Harmon stated the easement is a drainage easement and the request was reviewed by the Environmental Engineering Department. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a request from RCS Group, LLC, for permission for a 08-354 05/28/08 proposed concrete driveway to encroach within a 16-foot drainage easement across Lot 7, Baileys Grove, Section A, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.22.c. FROM JESSE THROWER AND JACQUELYN THROWER FOR A PROPOSED ABOVE GROUND SWIMMING POOL TO ENCROACH WITHIN A TEN-FOOT EASEMENT ACROSS LOT 29, ANTLER RIDGE, SECTION 8 In response to Mr. Gecker's question, Mr. Harmon stated the easement is undesignated and dedicated by the subdivision plat. He further stated the easement was not requested to be vacated. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a request from Jesse Thrower and Jacquelyn Thrower for permission for a proposed above ground swimming pool to encroach within a 10-foot easement across Lot 29, Antler Ridge, Section 8, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C.23. REVISIONS TO SCHOOL BOARD FY2008 OPERATING AND CAPITAL IMPROVEMENT PROGRAM APPROPRIATIONS In response to Mr. Gecker's question, Ms. Kitchen stated this is the end of year item, where the School Board is asking that the Board reduce the appropriations by $3.7 million. She further stated it is a combination of state funding, county funding and bond proceeds that will not be received. She explained the second part of the item is to increase the appropriations in the school capital fund from interest earnings from the 2005 - 2006 General Obligation Bonds that are available for use. She stated the School Board is requesting permission to use the funds for technology expenditures that would have been used from CIP reserve and therefore, freeing up the CIP reserve that can be used for major maintenance. She further stated the funds came from health insurance savings and from the contingency fund. She stated the contingency fund contains $3 million and the surplus goes into ending balance in June and will come back to the Board in August. On motion of Mr. Gecker, seconded by Mr. Holland, the Board (1) authorized the County Administrator to reserve and appropriate into FY2009 unspent FY2008 appropriations, contingent upon positive results of operations within individual departments and division wide, as determined by the county's financial audit, as outlined on Attachment A; (2) decreased appropriations to the School Operating fund by $3,738,300 and make appropriation changes among categories consistent with the resolution adopted by the School Board on May 13, 2008 provided at Attachment B; and (3) increased the J J J 08-355 05/28/08 appropriations in the School Capital Improvements program by $3,558,600 from interest earnings on 2005 and 2006 general obligation debt ($3,072,600) and from a transfer from the School Board Operating Fund ($486,000). Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. 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 On motion of Ms. Durfee, seconded by Mr. Gecker, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: 2111T1TTT(1TT LENGTH AMBERLEIGH 2 (Effective 03/10/2008) Amberleigh Circle (Route 7051) - From Amberleigh Loop (Route 7254) to Amberleigh Loop (Route 7254) 0.04 Mi. Amberleigh Circle (Route 7051) - From 0.09 mile north of Amberleigh Boulevard (Route 5879) to Amberleigh Loop (Route 7254) 0.04 Mi. Amberleigh Loop (Route 7254) - From Amberleigh Circle (Route 7051) to Amberleigh Circle (Route 7051) 0.19 Mi. Amberleigh Loop (Route 7254) - From Amberleigh Circle (Route 7051) to temporary end of maintenance 0.02 Mi. BAILEYS GROVE A (EFFECTIVE 03/03/2008) Baileys Grove Court (Route 7251) - From Baileys Grove Drive (Route 7250) to cul-de-sac 0.04 Mi. Baileys Grove Drive (Route 7250) - From Baileys Path Road (Route 7252) to temporary end of maintenance 0.01 Mi. 08-356 05/28/08 Baileys Grove Drive (Route 7250) - From Hampton Avenue (Route 1315) to Baileys Grove Court (Route 7251) 0.05 Mi. Baileys Grove Drive (Route 7250) - From Baileys Grove Court (Route 7250) to Baileys Path Road (Route 7252) 0.22 Mi. Baileys Lane (Route 7253) - From Baileys Path Road (Route 7252) to temporary end of maintenance 0.03 Mi. Baileys Path Road (Route 7252) - From Baileys Lane (Route 7253) to temporary end of maintenance 0.03 Mi. Baileys Path Road (Route 7252) - From Baileys Grove Drive (Route 7250) to Baileys Lane Route (7253) 0.11 Mi. KINGS FOREST II (EFFECTIVE 03/06/2008) Dorius Drive (Route 2805) - From Cyrus Street (Route 2807) to cul-de-sac 0.12 Mi. KINGS GROVE I (EFFECTIVE 03/06/2008) Regal Grove Drive (Route 7128) - From South Jessup Road (Route 2301) to cul-de-sac 0.08 Mi. South Jessup Loop (Route 7245} - From South Jessup Road (Route 2301) to South Jessup Road (Route 2301) 0.06 Mi. South Jessup Road (Route 2301) - From Regal Grove Drive (Route 7128) to 0.02 mile north of Regal Grove Drive (Route 7128) 0.02 Mi. South Jessup Road (Route 2301) - From Regal Grove Drive (Route 7128) to South Jessup Loop (Route 7245) 0.06 Mi. South Jessup Road (Route 2301) - from South Jessup Loop (Route 7245) to South Jessup Loop (Route 7245) 0.02 Mi. South Jessup Road (Route 2301) - From South Jessup Loop (Route 7245) to cul-de-sac 0.17 Mi. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON LTNSCIiEDULED MATTERS Mr. George Beadles addressed the Board regarding the Magnolia Green golf course wishing to pull water from Blackburn Creek to water the golf course. J J J 08-357 05/28/08 Mr. Joe Sloan spoke in opposition to the proposed impact fees. 11. DINNER On motion of Ms. Durfee, seconded by Mr. Warren, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 12. INVOCATION Father Lou Ruoff, Pastor of Saint Ann Catholic Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Jesse Bonovitch led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MR. ALFRED ELKO AND MR. LAWRENCE HATTON FOR THEIR SERVICE ON THE CAMP BAKER MANAGEMENT BOARD Ms. Dickson introduced Mr. Alfred Elko and Mr. Lawrence Hatton, who were present to receive resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, community service is among the greatest traditions for Chesterfield County residents; and WHEREAS, Mr. Alfred Elko has been a valued member and leader of the Camp Baker Management Board for over 20 years, from 1987 until 2008; and WHEREAS, Mr. Elko participated in development and implementation of long-term master planning for major capital renovations to upgrade and make the Camp Baker facility barrier free; and WHEREAS, during his involvement with Camp Baker Services, a program of the Greater Richmond ARC, more than 500 citizens with disabilities annually have been able to access year-round emergency and weekend respite, summer camp, adult day support and after school care. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2008, publicly recognizes and commends Mr. Alfred Elko for his devoted service to Chesterfield County and the Camp Baker Management Board. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Elko and that this resolution 08-358 05/28/08 be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. And, further, the Board adopted the following resolution: WHEREAS, community service is among the greatest traditions of Chesterfield County residents; and WHEREAS, Mr. Lawrence Hatton has been- a valued and respected member of the Camp Baker Management Board from 1997 until 2008; and WHEREAS, Mr. Hatton participated in service to the Camp Baker facility through the Chester Civitan Club for many years prior to his service on the Camp Baker Management Board; and WHEREAS, Mr. Hatton participated in the planning and implementation of ongoing capital renovations for a barrier- free Camp Baker facility; and WHEREAS, during his involvement with Camp Baker Services, a program of the Greater Richmond ARC, more than 500 citizens with disabilities annually have been able to access year-round emergency and weekend respite, summer camp, adult day support and after school care. NOW, THEREFORE, BE IT RESOLVED; that the Chesterfield County Board of Supervisors, this 28th day of May 2008, publicly recognizes and commends Mr. Lawrence Hatton for his devoted service to Chesterfield County and the Camp Baker Management Board. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Hatton and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Gecker presented the executed resolution to Mr. Elko and Mr. Hatton and thanked them for their contributions to the Camp Baker Management Board. Mr. Elko and Mr. Hatton .thanked the Board for their recognition and the opportunity to serve on the Camp Baker Management Board. 14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 14.B.1. MR. ADAM NICHOLAS HAMMER, MIDLOTHIAN DISTRICT 14.B.2. MR. RYAN CRAIG HAMMER, MIDLOTHIAN DISTRICT 14.B.3. MR. JESSE LOREN BONOVITCH, DALE DISTRICT 14.B.4. MR. BRENT DAVID MICHALOWSKI, CLOVER HILL DISTRICT Mr. Kappel introduced Mr. Adam Nicholas Hamner, Mr. Ryan Craig Hamner, and Mr. Jesse Loren Bonovitch, who were J J J 08-359 05/28/08 present, with members of their family, to receive resolutions. Mr. Brent David Michalowski was unable to attend. 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 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 troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Adam Nicholas Hamner and Mr. Ryan Craig Hamner, both of Troop 810, sponsored by the Church of the Epiphany, Mr. Jesse Loren Bonovitch, Troop 2874, sponsored by Saint Luke's United Methodist Church, and Mr. Brent David Michalowski, Troop 860, sponsored by Woodlake United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Adam, Ryan, Jesse and Brent have distinguished themselves as members 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 28th day of May 2008, hereby extends its congratulations to Mr. Adam Nicholas Hamner, Mr. Ryan Craig Hamner, Mr. Jesse Loren Bonovitch and Mr. Brent David Michalowski, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None.. Mr. Holland presented executed resolutions and patches to each of the Eagle Scouts, congratulated them on their outstanding achievements, and wished them well in future endeavors. Mr. Hamner, Mr. Bonovitch, and Mr. Hamner each provided details of their Eagle Scout projects and expressed appreciation to their parents and community for their support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Emanuel Artis addressed the Board regarding treatment he received by a county police officer. 08-360 05/28/08 Mr. Dave Anderson addressed sprinkler systems throughout homeowners for water usage. the Board regarding the use of the county and fees paid by the Mr. William Shewmake addressed the Board regarding concerns for the maintenance of the Upper Swift Creek Reservoir. He stated a maintenance fund needs to be established to fund dredging of areas within the Reservoir. 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 07SN0292 (Amended) In Bermuda Magisterial District, EMERSON COMPANIES LLC requests Conditional Use and amendment of zoning district map to permit residential multifamily use and 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 general commercial use. This request lies in Community Business (C-3) and General Business (C-5) Districts on 16.2 acres fronting approximately 810 feet on the west line of Jefferson Davis Highway approximately 150 feet south of Velda Road. Tax IDs 794-665-8176 and 794-666-6515. Mr. Turner stated staff is requesting that the Board remand ra~P n~~Nn~9~ to the Planning Commission. Ms. Carrie Coyner, the applicant's representative, requested that the Board not remand the request to the Planning Commission. Ms. Jaeckle stated she intended to hear the case. Mr. Warren stated the case will be heard at the end of the consent agenda. 05SN0239 (Amended) In Clover Hill Magisterial District, THE CHEATHAM FAMILY LIMITED PARTNERSHIP requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C- 3) with Conditional Use to permit multifamily and townhouse 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 regional mixed use uses. This request lies on 63.5 acres fronting approximately 550 feet on the north line of Hull Street Road, also fronting approximately 2,400 feet on the west line of Route 288 and located in the northwest quadrant of the intersection of J J J 08-361 05/28/08 these roads. Tax IDs 733-680-Part of 9439; 734-678-2276; and 734-681-0526 and 3904. Mr. Turner stated the applicant has requested a deferral to August 27, 2008. Mr. Andy Scherzer, the applicant's representative, stated the applicant is in agreement with the deferral. Mr. Warren stated he would like to defer Case 05SN0239 to September 24, 2008. Mr. Warren called for public comment. No one came forward to speak to the deferral request. On motion of Mr. Warren, seconded by Mr. Gecker, the Board deferred Case 05SN0239 to September 24, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08SN0106 (Amended) In Midlothian Magisterial District, HAMID M. GHORASHI AND DIANNA M. WATERS request rezoning and amendment of zoning district map from Residential (R-7) to Corporate Office (O-2) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendments will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village fringe area uses. This request lies on 1.3 acres fronting approximately 80 feet on the north line of Midlothian Turnpike approximately 360 feet west of Village Mill Drive. Tax ID 727-708-7371. Mr. Turner presented a summary of Case 08SN0106 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Hamid M. Ghorashi, the applicant, stated staff's recommendation was acceptable. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved Case 08SN0106 and accepted the following proffered conditions: The property owner/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, 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 owner /applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 08-362 05/28/08 1. Fence. A decorative metal fence shall be constructed along Midlothian Turnpike exclusive of the entranceway. The design of such fence shall be substantially similar to that which is required for Tax ID 732-707-0433 (First Citizens Bank) by conditions of Case 07SN0232. (P) 2. Architecture. The architectural treatment of buildings constructed on the Property shall be consistent with American Colonial Architecture as defined by the Sycamore Square development. (P) 3. Sidewalk. In conjunction with the development of Property, the developer shall construct a side walk to VDOT standards along Midlothian Turnpike (Route 60) for the entire property frontage, and dedicate to Chesterfield County, free and unrestricted, any additional right-of -way (or easements) required for this improvement. The exact design and location of this improvement shall be approved by the Transportation Department . There shall be a minimum f ive ( 5 ) f oot wide grassy strip from the back of curb to the sidewalk. (P) 4. Access to Route 60. Direct vehicular access from the property to Route 60 shall be limited to one (1) entrance/exit. The access shall be located along the eastern property line. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department shall be recorded across the property to provide shared use of this access with adjacent properties to the east and west. (T) 5. Dedication. Prior to any site plan approval, forty-five (45) feet of right-of -way on the north side of Midlothian Turnpike (Route 60) measured from the centerline of that part of Route 60 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 6. Notification. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the Planning Department of the Village of Midlothian Volunteer Coalition of any site plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval or disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Department. (P) 7. Street Lights. The developer shall be responsible for installation of decorative street lighting similar in design to the light fixture specified in The Midlothian Village Technical Manual which shall be provided along all public roads adjacent to the site. Spacing shall be approximately eighty (80) feet on center. All on-site freestanding street light fixtures shall be compatible with the aforementioned street lights. (P) 8. Utilities. The public wastewater system shall be utilized. (U) J J J 08-363 05/28/08 9. 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) 10. Master Plan: The Textual Statement dated February 1, 2008 shall be considered the Master Plan. (P) 11. Road Improvements. Prior to issuance of an occupancy permit, the developer/owner shall extend the raised concrete median along Midlothian Turnpike (Route 60) to the Village Mill Drive/Jefferson Green Circle/Route 60 intersection. The exact design and length of this median extension shall be approved by the Transportation Department. (T) 12. Vehicular Lights. The development shall be designed so as to minimize vehicular headlights from shining into adjacent residential properties to the north. The exact treatment shall be approved by the Planning Department in conjunction with site plan review. (P) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. nQCUn~aa In Midlothian Magisterial District, R. SHANE PARR requests amendment to Conditional Use Planned Development (Case 89SN0175) and amendment of zoning district map to delete landscaping requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. The request lies in a Community Business (C-3) District on 16.7 acres fronting approximately 880 feet on the north line of Midlothian Turnpike approximately 1,050 feet east of Robious Road. Tax ID 751- 708-4745. Mr. Turner stated Mr. Gecker has requested a deferral to July 30, 2008. Mr. Shane Parr, the applicant, stated he was in agreement with the deferral. Mr. Warren called for public comment. No one came forward to speak to the deferral request. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred Case 08SN0194 to July 30, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-364 05/28/08 08SN0195 In Bermuda Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests Conditional Use and amendment of zoning district map to permit expansion of a public wastewater pump station in a Manufactured Home Subdivision (MH-2) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 0.4 acres measured approximately 2,600 feet southeast of Lansmill and Pine Forest Drives also fronting approximately 650 feet on the northwest line of Arrowfield Road approximately 4,100 feet east of Jefferson Davis Highway. Tax IDs 803-629- Part of 3705 and 803-630- Part of 9122. Mr. Turner present a summary of Case 08SN0195 and stated the Planning Commission and staff recommended approval subject to the condition. Mr. John Harmon, the Board's agent, stated the recommendation was acceptable. Mr. Warren called for public comment. No one came to speak to the request. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 08SN0195 subject to the following condition: Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights o f way . ) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. n~~Nni9~ In Midlothian Magisterial District, MI HACIENDA, LLC requests rezoning and amendment of zoning district map from Residential (R-7) to Corporate Office (O-2) with Conditional Use to permit restaurant use. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village fringe area uses. This request lies on 2.6 acres fronting approximately 250 feet on the north line of Midlothian Turnpike approximately 220 feet east of Winterfield Lane. Tax IDs 727-708-5178 and 6155. Mr. Turner presented a summary of Case 08SN0196 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. J J J 08-365 05/28/08 Mr. Carl Duncan, the applicant's representative, stated the recommendation is acceptable. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case 08SN0196 and accepted the following conditions: The property owner/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, 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 owner/applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Fence. A decorative metal fence shall be constructed along Midlothian Turnpike exclusive of the entranceway. The design of such fence shall be substantially similar to that which is required for Tax ID 732-707-0433 (First Citizens Bank) by conditions of Case 07SN0232. (P) 2. Architecture. The architectural treatment of buildings constructed on the Property shall be consistent with American Colonial Architecture as defined by the Sycamore Square development. (P) 3. Sidewalk. In conjunction with the development of the Property, the developer shall construct a sidewalk to VDOT standards along Midlothian Turnpike (Route 60) for the entire property frontage, and dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this improvements. The exact design and location of this improvement shall be approved by the Transportation Department. There shall be a minimum five (5) foot wide grassy strip from the back of the curb to the sidewalk. (P) 4. Access to Route 60. Direct vehicular access from the property to Route 60 shall be limited to one (1) entrance/exit. The access shall generally be located along the western property line. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of this access with adjacent properties to the east, west and north. (T) 5. Dedication. Prior to any site plan approval, forty-five (45) feet of right-of-way on the north side of Midlothian Turnpike (Route 60), measured from the centerline of that part of Route 60 immediately adjacent to the property, shall be dedicated free and unrestricted to and for the benefit of Chesterfield County. (T) 08-366 05/28/08 6. Notification. The developer shall be responsible for notifying the last Departmen Coalition by registered, certified or first class mail, known representative on file with the Planning t of the Village of Midlothian Volunteer of any site plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval of disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Department. (P) 7. Street Lights. The developer shall be responsible for the installation of decorative street lighting similar in design to the light fixture specified in the Midlothian Village Technical Manual which shall be provided along all public roads adjacent to the site. Spacing shall be eighty (80) feet on center. All on-site freestanding street light fixtures shall be compatible with the aforementioned street lights. (P) 8. Utilities. The public waste water system shall be used. (U) 9. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 10. Uses. Uses shall be limited to those uses permitted by right or with restrictions in the Corporate Office (O-2) district plus restaurant use, excluding carry out or fast food restaurants. (P) 11. Hours of Operation. Restaurant uses shall not be open to the public between 11 p.m. and 6 a.m. (P) 12. Road Improvements. Prior to the issuance of an occupancy permit, the developer/owner shall extend the raised concrete median along Midlothian Turnpike (Route 60) to the Village Mill Drive / Jefferson Green Circle / Route 60 intersection. The exact design and length of this median extension shall be approved by the Transportation Department. (T) 13. vehicular Lights. The development shall be designed so as to minimize vehicular headlights from shining into adjacent residential properties to the north. The exact treatment shall be approved by the Planning Department in conjunction with site plan review. (P) 14. Restaurant Uses. No building housing or restaurant use shall be located within 400 feet of the northern property boundary. (P) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. The Board recalled Case 07SN0292. J J J 08-367 05/28/08 07SN0292 (Amended) In Bermuda Magisterial District, EMERSON COMPANIES LLC requests Conditional Use and amendment of zoning district map to permit residential multifamily use and 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 general commercial use. This request lies in Community Business (C-3) and General Business (C-5) Districts on 16.2 acres fronting approximately 810 feet on the west line of Jefferson Davis Highway approximately 150 feet south of Nelda Road. Tax IDs 794-665-8176 and 794-666-6515. Ms. Darla Orr provided a summary of Case 07SN0292, along with changes to the Textual Statement and stated the Planning Commission recommended denial and staff recommended the case be remanded to the Planning Commission. Ms. Carrie Coyner, the applicant's representative, presented an overview of Case 07SN0292 and stressed the need for revitalization on the Jefferson Davis Corridor. She provided a history of the property to include zoning violation notices. She asked for the Board to approve Case 07SN0292. Mr. Warren called for public comment. Mr. Roger Habeck, a Bermuda District resident, spoke in favor of the request. Mr. Paul Barr spoke in support of the request, stating the applicant has the ability to make the project work. He urged the Board to approve the request. Ms. Ree Hart, a representative of Association, spoke in support of Case the Board to approve the request. In response to Mr. Warren's question, feels this request is the first privat Route 288 and it is a potential development. the Jefferson Davis 07SN0292. She urged Ms. Hart stated she e investment north of stimulant for other Mr. Tom Jacobson provided a brief overview of the history of the property. He stated development on this property will be a stimulant for redevelopment north of Route 288. In response to Mr. Holland's question, Ms. Coyner stated this request is a development opportunity and the applicant is taking a risk. Ms. Jaeckle stated proffered conditions were recently added to address the Board members' concerns. She addressed the comments made regarding cash proffered conditions. She stated she felt the apartments would not produce the number of children predicted. She further stated the county needs to be flexible with the request. In response to Ms. Durfee's questions, Ms. Orr stated the applicant is not offering cash proffers on the request. She further stated the applicant has removed the item in the Textual Statement relating to the buffer requirement, so the 08-368 05/28/08 case would not be required to follow the Zoning Ordinance requirements. She stated there have been no further discussions with the applicant regarding the security concerns of the Police Department. In response to Mr. Gecker's question, Mr. Turner explained the zoning violations include approximately twenty trailers which are outside of the area permitted. He further stated the trailers could stay on the property even if the request is approved for up to two years. In response to Mr. Gecker's question, Ms. Coyner stated the applicant did not proffer a timeframe for removal of the trailers due to the leases on lots and environmental concerns due to the septic systems. She further stated all occupants will be gone within twenty months. Mr. Gecker stated the property does need to be revitalized, but expressed concerns relative to the lack of a guarantee on the timeframe of when the trailers will be removed from the property. Ms. Jaeckle stated the investment on the county's part is the waiver of proffers and if the project is not built, the county is not losing any money. Mr. Holland stated he supported the project, but he expressed concerns relating to the security issues. Ms. Jaeckle stated the county needs to have a revitalization policy in place to guide the Board on how to handle proffers in respect to revitalization requests. She further stated this request is a good opportunity for the property. Ms. Durfee stated she believes the county is working towards a revitalization policy. She further stated the priority needs to be to weigh the costs associated with revitalization. Ms. Jaeckle stated the increased tax revenue would offset the costs associated with the request. Mr. Warren stated the request has the support of the Jefferson Davis Association. He further stated the applicant is willing to take on the environmental issues in regards to the underground storage tanks located on the property. He stated he believes the request will stimulate development in that area. Mr. Gecker stated it is time for the case to move forward. He further stated he is prepared to vote to suspend the rules. He stated the request is better than it was last month, but the land use is wrong for this area. On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules at this time to allow for consideration of the amended proffered conditions. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Jacobson stated interchanges such as this location are good for mixed use developments. He further stated J J J 08-369 05/28/08 residential development is needed to attract commercial development in revitalization developments. Ms. Jaeckle stated the business and residential communities are in support of this development. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 07SN0292, subject to the following proffered conditions: The Owner-Applicant 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 itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax ID 794-666-6515 and Tax ID 794-665-8176 with a Conditional Use to permit residential multi-family (RMF) uses and a CUPD to permit bulk exceptions, and subject to the conditions and provisions of the Textual Statement will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. These proffered conditions apply to the existing underlying C-3 and C-5 zoning plus uses allowed by the Conditional Use and Conditional Use Planned Development. 1. 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) 2. Utilities. Public water and wastewater systems shall be used. (U) 3. Transportation. Prior to any site plan approval, in conjunction with recordation of the initial subdivision plat or within ninety (90) days of a written request by the Transportation Department, whichever occurs first, sixty (60) feet of right-of-way, measured from the centerline of Jefferson Davis Highway 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 Jefferson Davis Highway shall be limited to two (2) entrances/exits. The exact location of these . entrances/exits shall be approved by the Transportation Department. (T) 5. Master Plan. The textual statement dated December 6, 2007, last revised May 15, 2008, shall be considered the Master Plan. (P) 6. A minimum of fifty (50) percent of the gross square footage of the first floor of any portion of a building located within 120 feet of the ultimate right of way of Jefferson Davis Highway where such space fronts on or is oriented towards Jefferson Davis Highway shall be occupied by uses permitted in the Community Business (C- 08-370 05/28/08 3) District. Provided however if a building permit for commercial tenant upfit is not issued from the Chesterfield County Building Inspection Department within eighteen (18) months after obtaining the first certificate of occupancy for a dwelling unit in said building, the commercial unit(s) may be occupied by residential multi-family uses. (P) 7. Within twenty months (20) months from the date of zoning approval of Case No. 07SN0292, all structures except for the existing communications tower and accessory ground equipment on Tax ID 794-665-8176 shall be removed from the Property. (P) 8 . Within twenty months ( 2 0 ) months from the date of zoning approval of Case No. 07SN0292 manufactured home park use shall cease. (P) Ayes: Warren, Jaeckle and Holland. Nays: Durfee and Gecker. 05SN0310 In Dale Magisterial District, HILL DEVELOPMENT ASSOCIATES, LTD requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to allow exceptions to Ordinance requirements. 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 1.0-2.5 dwelling units per acre. This request lies on 73.8 acres fronting in two (2) places for approximately 300 feet on the south line of Kingsland Road approximately 200 feet west of Pine Glade Lane, also fronting approximately 270 feet on the north line of Route 288 approximately 2,700 feet east of Salem Church Road. Tax IDs 780-670-6772 and 780-671-1301, 2751 and 8852. Ms. Darla Orr provided a summary of Case 05SN0310 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Brennen Keene, the applicant's representative, provided a brief overview of Case 05SN0310 and stated the recommendation was acceptable. Ms. Dottie Dodd, a Treemont Subdivision resident, spoke in opposition to the request. She stated Kingsland Road is dangerous and needs to be upgraded to handle additional traffic. She further stated development of the subject property would cause drainage issues on her property. Ms. Edith Burns, a resident of Chester Forest Lane, spoke in opposition to the development. She stated other developments already approved will add to the amount of traffic along Kingsland Road and Chester Forest Lane. Ms. Louise Adkins expressed concerns relating to increased traffic on Kingsland Road. Ms. Virginia Massengale, a resident of Kingsland Road, spoke in opposition to the request due to traffic safety concerns. J J J 08-371 .05/28/08 Mr. Alan Massengale, spoke in opposition to the request due to drainage and traffic concerns. He urged the Board to lower the number of houses permitted to be built. Mr. Brick Ellsworth spoke in opposition to the request due to traffic safety concerns. Mr. Art Maxwell, a real estate broker, spoke in opposition to the request. Mr. Kent Pond spoke in support of the request. Mr. Sonny Currin, spoke in support of the request and stated this is infill development. Mr. Keene stated this request is infill development that comes with challenges. He further stated there are a lot of existing conditions to be dealt with relating to stub road connectivity. In response to Mr. Holland's question, Mr. McCracken stated the Transportation Department will not support an access to Kingsland Road along the property frontage. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 05SN0310 and accepted the following proffered conditions: The Developer (the "Developer") in this zoning case, pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for himself and his successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Numbers 780-670-6772, 780-671-8852, 780-671-2751, and 780- 671-1301 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-12 with Conditional Use Planned Development is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement, dated February 1, 2006 and revised through February 12, 2008, and Exhibit A, titled "Plat of Two Parcels of Land Containing 73.8 Acres Situated on Kingsland Road" prepared by Townes Site Engineering dated October 15, 2004 and revised April 25, 2005, shall be considered the Master Plan. (P) 2. Utilities. The public water and wastewater systems shall be used, except for model homes/sales offices not in permanent dwellings and/or construction offices. (U) 3. Cash Proffers. The Developer, 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. At the time of payment, the $15,600 will be allocated pro-rata among the facility costs as 08-372 05/28/08 follows: $5,331 for schools, $602 for parks and recreation, $348 for library facilities, $8,915 for roads, and $404 for fire stations. B. Thereafter, such payment shall be 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. 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) 4. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 5. Lot Area. A minimum of 12,000 square feet of each lot shall be exclusive of easements in excess of fifty (50) feet in width. Such required lot area shall be contiguous to and inclusive of the building envelope and located adjacent to the required street frontage. (P) 6. Dwelling Units. The minimum gross floor area for one story dwelling units shall be 1,700 square feet and dwelling units with more than one story shall have a minimum gross floor area of 1,800 square feet. (BI) 7. Density. The maximum number of dwelling units developed on the Property shall be one-hundred fifteen (115). (P) 8. Foundations. All exposed portions of the foundation and piers supporting front porches of each dwelling unit shall be faced with poured in place concrete. patterned and painted to simulate a veneer of brick or stone, Exterior Finish Insulation System (EFIS), stucco, or brick or stone veneer. (BI) 9. Dedication of Right-of-Way. In conjunction with the recordation of the initial subdivision plat, or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, the following right-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: A. Forty-five (45) feet of right-of-way on the south side of Kingsland Road immediately adjacent to the Property measured from a revised centerline of Kingsland Road based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department. (T) J J J 08-373 05/28/08 10. Vehicular Access. No direct vehicular access shall be provided from the Property to Kingsland Road, except for: A. One (1) driveway to serve one (1) residence on Parcel 1, as identified on Exhibit A. B. One (1) temporary construction entrance/exit, if approved by the Virginia Department of Transportation. (T) 11. Sole Access. Any lot having sole access through an adjacent subdivision shall meet the following requirements: A. Lots having sole access through Kingsland Woods subdivision shall have an average lot area of no less than 18,074 square feet and a maximum density of 2.41 dwelling units per acre. B. Lots having sole access through Ashton Woods North subdivision shall have an average lot area of no less than 13, 404 square feet and a maximum density of 3.25 dwelling units per acre. C. Lots having sole access through Treemont subdivision shall have an average lot area of 15,056 square feet and a maximum density of 2.88 dwelling units per acre. (P) 12. Road Improvements. To provide an adequate roadway system at the time of complete development, the Developer shall provide the following improvements with initial development of the Property: A. Widening/improving the south side of Kingsland Road to an eleven (11) foot wide travel lane, measured from the centerline of the existing pavement, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder and overlaying the full width of Kingsland Road with one and one-half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department, for the entire frontage of Parcel 2 as identified on Exhibit A. B. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 13. Restrictive Covenants. The following shall be recorded as restrictive covenants in conjunction with the recordation of any subdivision plat: A. No sign of any kind shall be displayed to public view on any lot, unless first approved in writing by developer, except one sign of not more than four (4) square feet advertising the property for sale or rent, or signs used by the initial construction and sales period. 08-374 05/28/08 B. No use shall be made of any lot, or any part thereof which constitutes a nuisance or which would adversely affect the value or marketability of other lots. All trash, garbage and/or rubbish shall be kept in sanitary containers located so as not to be visible from a public street except as necessary for limited times in connection with pickup and removal by disposal services and except during periods of construction. C. No swimming pool shall be located nearer to any street line than the rear building line of the dwelling. D. No structure of a temporary character or any trailer, tent, barn, or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. E. No portable air condition units will be placed in any window of a dwelling or other building if visible from a public street. F. No exterior television antenna (including "dish" type) or other antennas shall be permitted to extend over five (5) feet above the roof line of any building, except as otherwise permitted by law. G. No motor vehicle will be parked on or adjacent to any lot which does not have a current state license, state inspection sticker, and county license, and no commercial vehicle, such as a school bus, delivery truck, or other large vehicle or equipment will be parked on a street in the subdivision or on any lot. No recreational vehicle (mobile home, camping trailer, and other similar vehicles) shall be parked on a street in the subdivision or on a lot except in a driveway provided for on such lot. H. These restrictions shall run with the land for a period of twenty-five (25) years and be binding upon any and all succeeding owners of any portion of the Property, their personal representatives, estates, heirs, devisees, assigns, or successors in interest or any other parties having or taking an interest in or to the Property, or any part thereof. These conditions and restrictions may be enforced by any owner of any portion of the Property using any legal remedy available to that owner. (P) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08SN0197 In Bermuda Magisterial District, THE PHOENIX L.P. requests Conditional Use and amendment of zoning district map to permit Community Business (C-3) uses in a General Industrial (I-2) District. The density of such amendment will be J J J 08-375 05/28/08 controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for industrial use. This request lies on 9.8 acres fronting approximately 600 feet on the south line of West Hundred Road approximately 2,150 feet west of Rivers Bend Road. Tax ID 810-652-2734. Ms. Jane Peterson presented a summary of Case 08SN0197 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. She stated staff recommended denial of the request because the proposed land uses do not conform to the Plan and are not representative of existing area development. Ms. Carrie Coyner, the applicant's representative, requested that the Board approve Case 08SN0197. She stated the request is simply for additional uses to be allowed on the property. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 08SN0197 and accepted the following proffered conditions: The Owner-Applicant 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 itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax ID 810-652-2734 (9.8 acres) will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. 1. Uses shall be limited to those permitted by right or with restrictions in the General Industrial (I-2) district plus the following uses: (a) Schools - commercial, trade, vocational and training. (b) Recreational establishments, commercial-indoor. (c ) Repair shops . (d) Feed, seed, and ice sales. (e) Motor vehicle sales, service, repair and rental, excluding motor vehicle consignment lots, provided that: (i) Such use shall be limited to motorcycles. (ii) All service, repair and storage of such vehicles, to include those awaiting repair, shall occur inside the building(s). Any outside display of such vehicles for sale or rent shall not be continuous; shall be located under a covered walkway; and shall not obstruct pedestrian access. (f) Appliance stores. (g) Bicycle sales and rentals. (h) Motor vehicle accessory stores. 08-376 05/28/08 (i) Paint and wallpaper stores. (j) Rental of health and party equipment; and small home hardware. (P) (k) Schools - music, dance, and business. (1) Sporting goods sales. (P) 2. Access - Route 10. No direct vehicular access shall be provided from the property to West Hundred Road (Route 10) (T) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08SN0222 In Bermuda Magisterial District, GEORGE E. STIGALL requests renewal of Manufactured Home Permit O1SR0152 to park a manufactured home in a Residential (R-7) District. The density of such amendment is approximately 6.25 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This property is known as 10114 Brightwood Avenue. Tax ID 793-666-9401. Mr. Turner presented a summary of Case 08SN0222 and stated staff recommended approval subject to the conditions. Mr. George Stigall stated he is requesting approval for seven years instead of two since he is placing a new manufactured home on the property. Ms. Jaeckle stated she would like to defer this request due to the complaints received about the current mobile home located on the property. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board deferred Case 08SN0222 to July 30, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER A PROPOSED AMENDMENT TO THE COUNTY CODE RELATING TO CREATION OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) ZONING DISTRICT, AND COUNTY-WIDE STANDARDS FOR OFF-STREET PARKING, PARALLEL PARKING, TREE PLANTING WITHIN SIDEWALK AREAS, AND SIGNS PROJECTING FROM BUILDINGS, AND A PROPOSED AMENDMENT TO THE INTRODUCTION TO THE PLAN FOR CHESTERFIELD TO PROVIDE FOR OPPORTUNITIES FOR TND DEVELOPMENT Assistant Director of Planning Mr. Michael Tompkins stated this date and time had been advertised for a public hearing for the Board to consider a proposed amendment to the Count Code relating to creation of the Traditional Neighborhood Development (TND) Zoning District, and county-wide standards for off-street parking, parallel parking, tree planting within sidewalk areas, and signs projecting from buildings, and a proposed amendment to the Introduction to the Plan for J J J 08-377 05/28/08 Chesterfield to provide for opportunities for the TND Development. He reviewed the changes requested in the amendment. In response to Ms. Jaeckle's question, Mr. Tompkins stated the TND Committee recommended keeping four lanes on arterial roads. He further stated higher density zoning will be handled on a case by case basis. Mr. Dave Anderson stated the TND Zoning District is not a one size fits all solution. Mr. William Shewmake applauded the county for its forward thinking in regards to the TND Zoning District. Mr. Gecker expressed appreciation of the hard work on the TND Zoning District by staff and the Committee. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board adopted the following amendment to the County Code relating to creation of the Traditional Neighborhood Development (TND) zoning district, and county-wide standards for off-street parking, parallel parking, tree planting within sidewalk areas, and signs projecting from buildings, and a proposed amendment to the Introduction to the Plan For Chesterfield to provide for opportunities for TND Development: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE- ENACTING SECTIONS 19-41, 19-301, 19-508.3, 19-509, 19-510, 19-512, 19-518, 19-644 AND 19-645 AND ADDING SECTIONS 19- 200.1 THROUGH 19-200.11, 19-508.4, 19-509.1, AND 19-514.1 TO THE ZONING ORDINANCE RELATING TO CREATION OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT ZONING DISTRICT AND REQUIREMENTS THEREOF BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-41, 19-301, 19-508.3, 19-509, 19-510, 19-512, 19-518, 19-644 and 19-645 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted and Sections 19-200.1 through 19-200.11, 19-508.4, 19-509.1 and I9-514.1 are added and enacted to read as follows: ARTICLE III. DISTRICTS DIVISION 1. GENERAL PROVISIONS Sec. 19-41. Districts enumerated. (a) For the purpose of this chapter the county is hereby divided into districts as follows: 000 (24) TND Traditional Neighborhood Development 000 DIVISION 26: TND TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICT 08-378 05/28/08 Section 19-200.1. Purposes and Intent of District (a) The purpose of the Traditional Neighborhood Development District (TND) is to allow development of mixed- use, pedestrian-oriented, activity centers containing a variety of uses, including business, retail, residential, cultural, educational, and other public and private uses. The TND district incorporates publicly accessible community open space areas, encourages high quality development and redevelopment that stimulates investment, generates jobs, increases available housing options, and expands the county's tax base. The TND district also permits a compatible mix of uses in a single structure or a group of structures on a parcel or group of parcels and is intended to discourage piecemeal development. The TND district will facilitate investment by increasing the number of permitted principal and accessory uses in a single district and will encourage high quality redevelopment by permitting greater regulatory flexibility, and innovative and creative design. (b) This district is meant to allow the optional development and redevelopment of land consistent with the design principles of traditional neighborhoods, which are referred to as neotraditional, and new urbanism. Generally, the following design principles are associated with TND development. (1) Compact development patterns that promote efficient use of land and lower costs of providing public infrastructure and services; (2) Development is designed for the human scale such that close attention is paid to walking distances, the height of buildings, and the design of streetlights, sidewalks, signs, and other features; (3) Nonresidential land uses, civic and open space, are mixed with residential land uses. The TND district also provides a community center and focus to establish a strong neighborhood identity. Traditional neighborhood development promotes a mix of housing types on varying lot sizes. (4) In-fill residential and/or nonresidential development and redevelopment is encouraged. (5) Development incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connection of those streets to existing and future developments.. J J J 08-379 05/28/08 The following is an illustrative example only, depicting characteristics and elements of a TND development. None of the notations shown on this illustration are meant to be regulatory. Open Spaces +wr ~µ Larger open spaces at edge -- -^-'~~ C r.>w Form l i ~~_~/ a open space at Neighborhood Center ~~_ Small formal open spaces °"~+-'r Street Pattern Interconnected, walkable streets should be wrthm a 3-mmute walk of residences ~~ ~ I ~ ~ ©v.°~' ~~ Oa i f Lots should face formal -J L open spaces ~~0 0 ~~ " IL J} O LS U C NeighborhooA Center l+'~ / ~ '" ~1[~ (~ i~[ Generally, the neighborhood /'~• ~~ ~. ^L.(~ L J~ center should be within a 5- ` ~ ~ j ~ ~ minute walk (1/4 mile) of the , ~J ~ LJ edge of the neighborhood _ _ ~~ .\ ~~ f Transition to different building ~ types should occur at alley or interior of block, not the corner Carnmonity Center More intense residential and commercial development, civic sites Devetapnrent Pattern - 1/4 mile radius from Neighborhood Center - Service lane (alley) network encouraged Least intense " residential should occur at the edge of a neighborhood The following uses are permitted subject to Board of Supervisor approval of a TND district. (a) Access to any land located in an A, O, C, or I district or used for A, O, C, or I purposes. (b) Automobile self-service stations. (c) Bed and breakfast establishments. (d) Boarding houses. (e) Catering establishments. (f) Churches and other places of worship. (g) Clubs and lodges: civic, fraternal, non-profit, private, public, or social. (h) Cocktail lounges and nightclubs. (i) Colleges, public or private. (j) Communication antennas integrated into the design of a permitted building. (k) Communication offices, studios, and stations; not including towers. (1) Conference centers. (m) Convenience store. (n) Dwellings: attached, detached, live/work, multiple- family, single-family, townhouse, two-family. (o) Fire stations and emergency rescue squads, buildings and grounds. (p) Fraternities (in conjunction with school or college). 08-380 05/28/08 (q) Funeral homes. (r) Galleries, art. (s) Government buildings. (t) Group homes. (u) Hospitals and other medical facilities. (v) Hotels . (w) Laboratories: dental, medical, and optical. (x) Libraries, public or private. (y) Meal preparation and delivery services. (z) Messenger services. (aa) Model homes. (bb) Mortuaries . (CC) Museums, public or private. (dd) Offices: dental, general, medical, property management, temporary real estate. (ee) Parking lots: commercial, non-commercial, park and ride. (ff) Personal service establishments. (gg) Post offices. (hh) Public utility service buildings. (ii) Recreational establishments, commercial-indoor. (jj) Restaurants and cafes: carryout, fast food, or sit-down. (kk) Retail, general. (11) Schools, public or private. (mm) Schools, specialty. (nn) Sororities (in conjunction with school or college). (oo) Telephone exchanges. (pp) Theaters (except drive-in theaters). (qq) Utility uses located underground or not requiring a structure (rr) The Director of Planning, as per Section 19-19.1(a), may approve those uses that are not specifically enumerated in this chapter and that are of the same general character as the specifically enumerated uses allowed in this district. The Director of Planning shall consider, among other things, the following: the size and proposed J J J 08-381 05/28/08 configuration of the site; the size, height and exterior architectural appearance of any proposed structure(s); noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in the district. Sec. 19-200.3. .Uses Permitted With Certain Restrictions The following uses shall be permitted in the TND District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13. (a) Check cashing, incidental, subject to the limitations of Section 19-145(h). (b) Christmas tree sales, temporary outdoor, subject to the limitations of Section 19-152(h). (c) Construction buildings/trailers, temporary, subject to the limitations of Section 19-131(e). (d) Group care facilities, provided that facilities in excess of 10,000 square feet of floor area shall be limited to the Community Center. Group care facilities in the Community Center shall have at least fifty (50) percent of the ground-floor frontage that faces adjoining streets include tenant spaces for commercial uses with primary entrances facing the adjoining street. (e) Home occupations, subject to the limitations of Section 19-65 (e) . (f) Intercoms accessory to permitted uses, not audible to any residential use. (g) Motor vehicle rental, service and repair, subject to the limitations of Section 19-159(f). (h) Outside display or storage, subject to the limitations of Section 19-159 (i) . (i) Parking and storage of any commercial truck, commercial vehicle, or service vehicle, in conjunction with any residential use, subject to the limitations of Section 19-65(f). (j) Parks, public or private, not exceeding five acres of active recreational uses. (k) Pet grooming shops, subject to the limitations of Section 19-145(d). (1) Plant nurseries not exceeding 10,000 square feet of total floor area. 08-382 05/28/08 (m) Public address systems (outside), not audible to any residential use. (n) Recreational establishments or facilities, outdoor (public, private, or commercial), not exceeding five acres. (o) Satellite dishes, subject to the limitations of Section 19-131(h). (p) Utility uses requiring a structure, public or private, subject to the limitations of Section 19-131(8). (q) Veterinary clinics or offices, subject to the limitations of Section 19-131(f). (r) Warehouses, subject to the limitations of Section 19- 138 (i) . Sec. 19-200.4. Accessory Uses, Buildings and Structures The following accessory uses, buildings and structures shall be permitted in the TND district. (a) Boathouses, private. (b) Docks, private. (c) Equipment storage buildings. (d) Garages, private, subject to the provisions of Section 19-66(a). (e) Gardens and garden buildings, private, subject to the provisions of Section 19-66(a). (f) Grounds keeping buildings, subject to the provisions of Section 19-66(a). (g) Hothouses, residential. (h) In-law dwelling units. (i) Maintenance buildings, subject to the provisions of Section 19-66(a). (j) Microbreweries. (k) Piers, private. (1) Plant propagation and cultivation (not for sale): crop, flower, tree, and shrub. (m) Signs . (n) Storage buildings, private, subject to the provisions of Section 19-66(a). (o) Swimming pools and adjoining deck areas. (p) Tennis courts, and similar recreational facilities. J J J 08-383 05/28/08 (q) Tool buildings, private, subject to the provisions of Section 19-66(a). (r) Yard sales. (s) Other accessory uses, building not otherwise prohibited, customarily accessory and incidental to ant permitted use. Sec. 19-200.5. Conditional Uses The following uses may be allowed in the TND district by conditional use subject to the provisions of Section 19-13. (a) Communication towers. (b) Halfway houses . (c) Liquor stores . (d) Mini warehouse facilities. Sec. 19-200.6. Special Exceptions The following uses may be allowed in the TND district by special exception, subject to the provisions of Section 19- 21. (a) Kennel, private. (b) Yard sales in excess of two (2) days. Sec. 19-200.7. Application Procedures and Approval Process The TND district becomes part of the zoning map upon approval of an application to rezone property according to specified criteria contained in Section 19-200. The process to create a TND district consists of two parts; rezoning the property to TND, and,_as part of the rezoning process, approval of a Master Plan and a Design Guidelines Manual. The Master Plan consists of a generalized graphic description of the project's proposed mix of land uses, densities, open space and other amenities according to the provisions of section 19-14(d)(1). The Design Guidelines Manual will govern the site-specific design features associated with the project throughout its development. The standards for development that are submitted by an applicant and approved by the board of supervisors for a particular TND district, as well as any other applicable provisions of the County Code, shall be the standards by which the project will be developed. Sec. 19-200.8. Rezoning Application Requirements; Required Documents and Information The following documents and, information shall be submitted to the planning department and any other information required by the director of planning necessary to evaluate a rezoning application and its associated plans for development. (a) Master Plan. The following items shall be shown in the Master Plan in a map and/or textual form. 08-384 05/28/08 (1) The location of existing property lines, watercourses or lakes, wooded areas, and existing roads within or adjoining the property. (2) The conceptual plans describing and/or delineating the approximate location for drainage and erosion control, transportation improvements (including proposed new arterials and proposed improvements to existing arterial roads serving the TND), water and wastewater service (proposed extension and/or existing major trunk lines to serve the proposed TND), and other public utilities and facilities. (3) The maximum residential densities and the maximum number of residential units for individual residential land use categories and mixed-use categories, delineating at least two housing types. (4) The maximum non-residential square footage by use type and function. (5) The amount of land devoted to open space and amenities, including conservation areas or preservation areas, etc. (b) Design Guidelines Manual. The design guidelines manual shall address the following components of the built environment within a proposed TND district: (1) The form, massing, and proportions of structures; (2) Vertical separation between streets and single- family residential uses; (3) Architectural styles; (4) Front porches for single-family residential uses; (5) Materials, colors, and textures; (6) Roof form and pitch; (7) Architectural elements and ornamentation; (8) Facade treatments, including window and door openings; (9) Landscape treatments; (10) Sidewalks and pathway treatments and other pedestrian amenities; (11) Preservation of historic structures, sites, and archeological sites identified by the Virginia Department of Historic Resources and those designated by the county; (12) Signage. J J J 08-385 05/28/08 Section 19-200.9. Development Plan Review Process: Overall Development Plan Upon approval of the rezoning application, the development plan review process for a TND project shall include an Overall Development Plan (ODP) that describes, in greater detail, the layout, uses, and other pertinent information for the entire development, or for individual tracts of development as may be approved in the Master Plan. However, for areas within the project that are not ready to be submitted for site plan review, the layout of buildings and parking lots shall not be required to be shown except as required by the director of planning to complete reviews on other development areas. Layout of roads shall be shown as required to accomplish road construction per section 200.11 (b) (3) . The ODP shall be consistent with the Master Plan. Minor alterations of an approved Master Plan may occur if the planning director concludes, after reviewing written comments from the staff review team, that the plan does not significantly alter the character of land uses or other features or conflict with any conditions placed on the approval of rezoning. A plan may be submitted to the planning department for this purpose in a form sufficient to illustrate the proposed alterations. If the planning director determines that a proposed change would significantly alter the approved master plan, the applicant may submit alternative proposed development plans or proceed with amendment of a master plan in accordance with section 19-200.7. Once an ODP is approved, site plans and/or subdivision plans may be submitted that document the actual construction of the development. (a) An ODP shall be submitted for any TND development. The ODP may be approved administratively or by the planning commission and shall be updated and revised as the project evolves over time, as required by the director of planning. (b) Overall Development Plans shall include information deemed necessary by the director of planning to insure compliance with zoning conditions and the zoning ordinance's purposes, including but not limited to: (1) The horizontal layout of the project based upon a metes and bounds survey with two points tied to the Virginia State Coordinate System. (2) The designation of public and private roads including alleys; (3) A list of residential and non-residential products and the maximum building height within each block of the TND; (4) A layout of single-family lots in each block; (5) Build to lines establishing required distances between road rights of ways and principal buildings; 08-386 05/28/08 (6) Density by block and overall density; (7) Sidewalk and pedestrian path locations; (8) Areas of common open space that achieve a minimum of 20o common open space within the entire TND project and the spacing requirements specified in section 19-200.11 (e); (9) Conceptual layout of sewer and water service; (10) Conceptual landscaping plans for streets and buffers; (11) A traffic impact analysis if deemed necessary by the director of transportation; and (12) Sign package for community identification and announcements. (c) For the purposes of subsequent site plan and subdivision review, the ODP shall identify the blocks and/or areas, including adjoining roads and common open space areas that shall be reviewed using the site plan or subdivision review process. Determination of which review process shall be used for each block and/or area shall be made by the planning department based upon input from participating review .departments. (d) Overall Development Plans shall be reviewed to ensure compliance with TND requirements, zoning conditions, and the goals and policies of the comprehensive plan; to ensure land use compatibility and transition, and to mitigate any adverse impact on public health, safety and welfare. The planning commission or the director of planning may impose conditions to accomplish these purposes. An administrative decision on an ODP may be appealed in conformity with section 19-268(d). The planning commission's decision on an ODP may be appealed in conformity with section 19-269(e). (e) If the applicant requests administrative review of the ODP, the director of planning shall post a notice of the ODP submission to adjacent property owners by first class mail as soon after plan submission as practicable, but in no event less than 21 days prior to approval or disapproval of the ODP. The director of planning shall make affidavit that such notice has been sent and shall file the affidavit with the application. (f) If the applicant requests a planning commission review of the ODP, the director of planning shall post a notice of an ODP hearing by the planning commission in accordance with section 19-26(b). (g) Review of the ODP shall be in accordance with section 19-268(c). Section 19-200.10. Site Plan and Subdivision Plans J J J 08-387 05/28/08 Based upon approval of the Overall Development Plan for the TND project, the applicant may file for site plan review/approval or subdivision plan review/approval. Section 19-200.11. General Design Standards and Guidelines The following design standards and guidelines shall be applicable for all development within the TND district. (a) Minimum Area: A TND project must contain a minimum of sixty (60) acres. For infill and redevelopment projects, a minimum of twenty (20) acres are allowed if a sphere-of-influence is established into existing and/or future neighborhoods and commercial areas equaling sixty (60) acres at time of rezoning. However, any subsequent TND request to expand a TND or infill TND shall not have a minimum size as long as the area of expansion conforms to the requirements of the original TND it adjoins. (b) Mix of Uses in Project Design: To achieve the compact design necessary to make the TND fully pedestrian oriented, residential and non-residential land uses must be sufficiently mixed horizontally across the project and vertically within buildings. The non-residential development serving the TND shall progress with the residential development. The project should be organized so that higher density residential blocks are located within one-quarter (1/) mile of the community center. Lower density residential blocks may be located beyond one-quarter mile from the community center. Because existing uses surround an in-fill TND project, lower residential densities adjacent to the community center should be evaluated at time of zoning with regards to transition of uses. (1) Within a TND project, a minimum of thirty (30) percent of the acreage shall be used for non- residential development, and at least 40 percent of the total square footage of ground floor non- residential development shall have over shop housing. The percentage of project acreage for non-residential buildings shall include the buildings and all parking, sidewalks, streets, and open space directly associated with these buildings. (2) Within an infill TND project including the area within its designated sphere of influence, a minimum of thirty (30) percent of the acreage shall be used for non-residential development. This may include existing and/or proposed retail development within the TND sphere of influence as long as pedestrian pathways and streets are provided to the proposed infill TND area. At least 40 percent of the total square footage of ground floor non- residential development shall have over shop housing. This may be reduced to the extent that existing non-residential development exceeds the remaining 60 percent of ground floor non- residential square footage. 08-388 05/28/08 (3) Within a TND project, no more than 40 percent of residential building permits in residential areas shall be released until 75 percent of all public and private roads serving non-residential development are constructed. No more than 75 percent of residential building permits shall be released until building permits are released and uses are under construction for at least 40 percent of the land area designated for non-residential development. The board of supervisors may approve alternate phasing at time of zoning. (4) TND and in-fill TND projects should incorporate as many categories of residential uses as possible, but at least three categories of residential uses shall be included. Infill TND projects may include existing residential use categories that exist within the sphere of influence to achieve at least three categories of residential use categories. (c) Residential Uses. The following residential categories are allowed within the residential areas of a TND up to the maximum density levels established below. Density for each residential category shall be calculated based upon the developable acreage identified within each block in the overall development plan. (1) Single-family detached dwellings - Up to eight (8) dwelling units per acre. A maximum of sixty (60) percent of the residential development area may be used for single-family detached dwellings. (2) Single-family attached dwellings - Up to sixteen (16) dwelling units per acre. A maximum of forty (40) percent of the residential development area may be used for single-family attached dwellings. (3) Live/work units - Up to sixteen (16) dwelling units per acre. No more than ten (10) percent of the residential development area shall be used for live/work dwellings and these units shall be located within the same block or across the street from non-residential development areas. (4) Multi-family dwellings - Up to 25 dwelling units per acre . No more than twenty ( 2 0 ) percent of the residential development area shall be used for multi-family dwellings. Multi-family dwellings incorporated into upper stories of non-residential buildings may exceed 25 dwelling units per acre as long as parking requirements for additional dwellings are provided through multi-story parking facilities (parking garages). (d) Community Center: The community center of a TND project shall consist of a mix of office, commercial, residential, civic. or institutional, and open space uses as identified. below. (1) Office and Commercial uses in the community center. Except as may be approved at time of zoning or for government buildings, no individual building shall exceed 10,000 square feet in ground floor area J J J 08-389 05/28/08 until buildings are under construction for the minimum percentage of ground floor building square footage with overshoe housing. For each story of overshoe housing, the 10,000 square feet ground floor area limit may be increased by right by fifty (50) percent above the base limit. Once building construction has started for the minimum area of buildings with overshoe housing, individual buildings may increase in ground floor area to a maximum of 30,000 square feet. (2) Residential uses in the community center: The following residential uses are permitted in the community center: a. Residential dwellings, as over shop housing, may exceed 25 dwelling units per acre as long as parking requirements for dwellings beyond 25 units per acre are provided through multi- story parking facilities (parking garages). b. Senior apartments, assisted living facilities, and nursing homes as long as each use is designed within a single building with a minimum of three stories and the area for all of these uses does not exceed 25 percent of the total acreage in the community center. c. Work/live units - Community center may include up to ten percent of the developable area of the entire community center with work/live units. (3) Civic or institutional uses in the community center: The community center shall provide locations that serve as focal points for civic, religious, and/or institutional uses. These focal points shall be at ends of sight lines such as may occur at a tee intersection of two streets, at a sudden road bend, or at one end of a central commons area, and these buildings shall be designed with a strong architectural appearance in character with the project's theme. Such uses include but are not limited to the following: a. Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices; b. Places of worship; c. Public schools. ~. (4) Common open space uses in the community center: Common open space is a significant part of the design of a traditional neighborhood development. Formal and informal non-linear spaces are required with a formally designed central square or commons of 40,000 square feet minimum established as the primary common open space near the center of the community center. A smaller informally designed common open space area shall serve as a children's park of 20,000 square feet minimum and shall be 08-390 05/28/08 located within two blocks of the community center and adjacent to a primary pedestrian path or sidewalk. This park shall be furnished with a variety of children's play equipment and with seating areas for adults. (e) Common Open Space: At least 20 percent of the gross acreage of the entire TND project shall consist of common open space for the common use and enjoyment of residents, visitors and employees within the TND and shall be clearly delineated in the overall development plan. A minimum of 85 percent of the residential units within the TND project devoted to residential uses shall be within 1/, mile of an improved common open space area such as a park or plaza having a minimum area of 20,000 square feet that includes, at a minimum, improvements such as benches, activity areas, and landscaping. Internal bikeways and pedestrian walkways shall connect between all improved common open space areas. Within an infill TND, the percentage of common open space, the distance to common open. space areas, and the connectivity between common open space areas for infill TND projects may be modified by the director of planning based upon available common open space and pathways within the sphere of influence and the amount of land available within the infill TND. (f) Building Height: Within a TND project, building height shall not exceed four (4) stories or fifty (50) feet, whichever is less, except within the community center where building height shall not exceed eight (8) stories or one hundred (100) feet, whichever is less. However, within any block, no structures shall exceed a height of twenty-five (25) feet taller than any other adjacent buildings within the same block. (g) Minimum Lot Requirements and Block Standards: There shall be no minimum lot area or yard (front, rear, and side) requirements except as defined in the Overall Development Plan for the project. A build-to-line along the street front of each block shall be established that defines the maximum distance between the street right- of-way and the face of the principal building on each lot. (h) Motor Vehicle Circulation: Motor vehicle circulation shall be designed- to promote pedestrian and bicycle activity. Streets within the TND shall include traffic calming elements to encourage slow traffic speeds such as "queuing streets", curb extensions, traffic circles, parallel and angled on-street parking and medians, as determined by the directors of planning and transportation. All roads that accommodate general traffic circulation, as determined by the director of transportation, shall be constructed to state standards and accepted for maintenance by the Virginia Department of Transportation. (i) Street Layout. Development in the TND district shall maintain a street grid pattern of generally parallel interconnecting streets with no cul-de-sacs except as may be approved during the review of the Overall Development Plan due to topographic or site design J J J 08-391 05/28/08 constraints. Each proposal's topographic and other physical site impacts will be considered regarding this standard. (1) Intersections should be at right angles whenever possible. (2) Curb cuts for driveways to individual residential lots shall be prohibited along all roads identified on the county's Thoroughfare Plan. ~. (j) Modifications of fire prevention code. During the design of TND developments, all structures are required to meet the provisions of the Statewide Fire Prevention Code as amended by Chesterfield County. Modification of the fire prevention code, as permitted by the Statewide Fire Prevention Code, will be considered by the fire code official upon request by the designer or developer when there are practical difficulties involved in meeting the provisions of this code. (k) Parking spaces required: Parking within TND districts shall be in accordance with Sections 19-509 through 19- 514. (1) Landscaping and Buffering: Landscaping within TND districts shall be in accordance with Sections 19-516 through 19-519. (m) Exterior Lighting: Exterior lighting general requirements for TND districts shall be in accordance with section 19-508.3. (n) Exterior Lighting within a TND: Exterior lighting requirements for TND districts shall be in accordance with 19-508.4. (o) Off- Street Parking: Off street parking requirements for TND districts shall be in accordance with section 19-509. (p) On -Street Parking in a TND: On- street parking requirements for TND districts shall be in accordance with section 19-509.1. (q) Restrictions and Limitations: Agricultural, residential, residential townhouse, multi-family residential, manufactured homes. Restrictions and limitations applicable to TND districts shall be in accordance with section 19-510. (r) Interpretation of Specific requirements: Interpretation of certain specific requirements for TND districts shall be in accordance with section 19-512. (s) Design Standards for Parallel Parking: Design standards for parallel parking in TND districts shall be in accordance with section 19-514.1. (t) Plant Material Specifications: Plant material specifications for TND districts shall be in accordance with section 19-518. 08-392 05/28/08 (u) Other Restrictions for Building Mounted Signs: Restrictions for building mounted signs in TND districts shall be in accordance with 19-644. (v) Freestanding Sign Design: Free standing sign design in TND districts shall be in accordance with section 19- 645. Section 19-301. Definitions 000 For the purposes of this chapter, the following words and phrases shall have the following meanings: 000 Acreage, developable: For the purposes of TND districts only, the total land area within a zoning lot or within a block for a TND project, minus areas that are not developable including but not limited to resource protection areas, wetlands, perennial stream protection areas, lakes, railroad rights of ways, and cemeteries. Within a TND, common open space as approved in the overall development plan shall be included as developable acreage within each block. The total land area within a zoning lot or a block shall be measured from existing public rights of way, from the center of proposed street rights of way, and from the edge of any land or water area not developable. 000 Infill TND project: The intent of the in-fill TND project is to establish a complete TND with a blend of residential types and densities that relate to a commercial community center and that is interconnected with streets for vehicular access and with pedestrian pathways and common open space. By inserting residential or commercial components of a TND project that are missing in an area with existing development or redevelopment, an infill TND project begins establishing a network of pedestrian pathways with areas of common open space and opportunities for economic development within walking distance of existing neighborhoods. The extent that an in-fill TND, combined with other properties within its sphere of influence to equal 60 acres minimum, accomplishes the general characteristics of a TND project shall be established at time of zoning. 000 Live/Work Units: A building, or a unit space within a portion of a building, that combines a commercial use allowed in the zoning district with a residential living space for the owner of the business, or the owner's employee, and that person's household. The residence occurs on upper floors and the business occurs on the first floor. Live/work units shall be located only in residential areas of a TND. Architecture generally emphasizes a residential townhome character, but the first floor for the business shall be on- grade with the adjoining street and shall have a minimum of a 12 feet high ceiling. A business in a live/work unit shall not be open to the public between the hours of 9 pm and 7 am. J J J 08-393 05/28/08 000 Open space, common: Any area within the TND project area as shown on the overall Development Plan (section 19- 200.9) that may be used by residents and the general public that is maintained for any of the following purposes: as natural vegetation or landscaped areas; aesthetic and accessible ponds and BMPs; active or passive recreational uses including but not limited to sidewalks, walking and biking paths, playgrounds, swimming pools, and tennis courts; outside public gathering areas set aside for temporary activities and events such as, but not limited to, art shows, annual celebrations, and special outings that support the recreational nature of open space; and related parking lots and buildings accessory to any of these uses. Resource protection areas, wetlands, perennial stream protection areas, and storm water management and "best management practices" (BMP) areas are excluded from minimum common open space area requirements except for those areas used as a design feature or recreational amenity or greenway. 000 Over shop housing: Residential units in upper stories of commercial and office development. 000 Personal service establishments: Primarily non- industrial establishments which provide various service functions to residents and businesses, including; banks; barber shops; beauty shops; brokerages; child care centers; clinics (massage, medical or optical); credit unions; day care (family day care homes, day care centers, adult or child); dress making shops, dry cleaning (pick-up, drop-off, coin-operated); laundries and Laundromats (not including dry cleaning plants); locksmith operations; mailing services; printing shops, photography studios; rental establishments (small home hardware, tools and equipment, health and party equipment); repair services; sewing machine sales, service and instruction; savings and loans institutions; shoe repair; tailoring; telegraph services; travel agencies; tutoring centers; and other uses of similar intensity and nature as determined by the director of planning. 000 Recreational establishments, commercial indoor: Primarily non-industrial establishments which provide commercial indoor recreational services, including: billiard parlors; dance studios; exercise studios; fitness centers; health clubs; martial arts studios; pool halls; and other uses of similar intensity and nature as determined by the director of planning. 000 Retail, general: Non-industrial establishments characterized by the offering for sale of goods and related services to the general public, including: antiques (not including pawnbrokers, flea markets, or second-hand stores); appliances; artist materials and supplies; bakery goods; beer and wine; bicycles; books; cameras, candy, clothing; 08-394 05/28/08 consignment stores (excluding motor vehicles); curios; department stores; home electronics; eye wear; drug stores; flowers, food (prepared); fruit; furniture; gasoline; groceries; gifts; hardware; hobby supplies; home entertainment items; jewelry; magazines; meat; motor vehicle accessories; musical products and instruments; newspapers; office supplies; packaging; paint; pets; pharmacies; seafood; shopping centers; sporting goods; stationary; telephones; toys; videos (rental and sales); vegetables; wallpaper; and other uses of similar intensity and nature as determined by the director of planning. 000 School, specialty: Educational facilities offering specialized instruction for art, business; commerce; dance; music; trades; training purposes; or vocational education; and other uses of similar intensity and nature as determined by the director of planning. This definition includes kindergarten and nursery schools. 000 Sphere of influence: The sphere of influence of an in- fill TND project includes the developed and/or undeveloped areas outside of and adjacent to the boundaries of the in- fill TND that physically connect with the infill TND via streets, bicycle paths, and pedestrian paths and sidewalks in order to establish a larger TND community area of at least 60 acres. Streets, bicycle paths, and pedestrian paths and sidewalks shall extend and connect from the proposed TND project to access locations in adjoining developments, as required by the board of supervisors at time of zoning. 000 Work/live units: A building, or a unit space within a portion of a building, that combines a commercial use allowed in the zoning district with a residential living space for the owner of the business, or the owner's employee, and that person's household. The residence occurs on upper floors and the business occurs on the first floor. Work/live units shall be located only in the community center of a TND. Architecture generally emphasizes the commercial character of the TND community center, and the first floor for the business shall be on-grade with the adjoining street and shall have a minimum of a 12 feet high ceiling. There is no limit to the hours that the business use may be open to the public. 000 Sec. 19-508.3. Exterior lighting. With the exception of single family residential uses, all exterior lights shall be arranged and installed so that the direct or reflected illumination does not exceed five- tenths foot candle above background, measured at the lot line of any adjoining A, R, R-TH, MH, TND, or R-MF district. Except in village and TND districts where light standards may be required to be compatible with unique architectural styles or developments having ornamental pedestrian style lighting, lighting standards shall be of a directional type capable of J J 08-395 05/28/08 shielding the light source from direct view from any adjoining A, R, R-TH, MH, TND, or R-MF district or public right-of way. 000 Sec. 19-508.4. Exterior lighting within a TND project. Within a TND, pedestrian environments require lighting to provide visibility and safety along streets and within public parking areas while minimizing the effects of lighting on residential uses. (a) Lighting Level Standards. (1) Streets with on-street parking and all sidewalks within public rights-of-way shall maintain a minimum illumination level of 0.5- foot candle. (2) Parking areas for all uses other than single- family residential uses shall maintain a minimum illumination level of 1.0 foot-candle. However, adjacent to single-family residential uses, parking lot or business security lighting shall not exceed the 1.0 foot-candle illumination level beyond the property line. (b) Light Fixture Mounting Heights. (1) Street lighting shall not exceed a mounting height of twenty-five (25) feet above the closest street grade. (2) Parking area lighting, whether pole or building mounted, shall not exceed a height of twenty (20) feet above the grade of the parking area closest to the light source. 000 Sec. 19-509. Off-street parking. 000 (c) For residential uses, parking within a garage or an enclosed or covered space may be counted toward meeting parking requirements. Conversion of such a garage or enclosure to another use is prohibited unless sufficient off- street parking is provided. (d) Within the community center of a TND project, public parking facilities may be constructed to provide sufficient required parking for uses within 1000 feet of the facility. However, parking decks shall be screened from view from public and private roads by locating other buildings around their perimeter. Sec. 19-509.1. On-street parking in a TND. Except along roads identified on the county's Thoroughfare Plan, improved, designated parking spaces in a public right- of-way may be counted toward the required number of parking 08-396 05/28/08 spaces for each use within a TND District when more than one- half of each such space resides in front of the use. However, parking spaces in a public right-of-way shall not be designated in any way for a use. On-street parking spaces not in front of a use may be counted toward the required number of parking spaces within an overall block. 000 Sec. 19-510. Restrictions and limitations-Agricultural, residential, residential townhouse, multi-family residential, manufactured homes. (a) Parking and storing recreational equipment in R, R- TH, MH, TND and R-MF Districts: 000 (3) In R-TH, R-MF, and TND Districts, parking and storing recreational equipment shall be prohibited unless a common storage area(s) is (are) provided for the parking. Parking spaces for recreational equipment and/or vehicles shall be in addition to that required for parking private vehicles. The storage area(s) shall be effectively screened from view. 000 Sec. 19-512. Interpretation of specific requirements. 000 (c) Within a TND district, the minimum requirements for on and off-street parking spaces for each use shall be calculated based on the lesser of either section 19-513 or four (4) parking spaces per 1000 square feet of gross floor area. Required parking for live/work units shall be based on the residential use and parking for work/live units shall be based upon the commercial use. (d) When fractional space results, the required number of parking spaces shall be rounded to the next highest whole number. 000 Sec. 19-514.1. Design standards for parallel parking. Parallel parking may be used for required parking off-street, and on-street in village districts and the TND zoning district. Spaces shall be legibly striped to be seven (7) feet wide and twenty-two (22) feet long with 4 inch white lines perpendicular to the curb or edge of pavement. Sec. 19-518. Plant material specifications. 000 (b) Minimum size standards: 000 08-397 J J J 05/28/08 (2) Large deciduous trees: Large deciduous trees shall be of a species that reach a minimum crown spread of greater than 30 feet within 20 years. At a time of planting, a minimum caliper of at least two and one-half inches shall be required except for street trees within a TND project when three and one-half inches shall be required. If a native species is selected from the Chesterfield County Plant Materials List, the minimum caliper shall be reduced by a half inch. Multi-stem plants shall be minimum of 10 feet tall except that large deciduous street trees in a TND project shall not be allowed to be multi-stem. 000 (h) Street trees: During the site and subdivision construction plan review processes, and for a TND project during the overall development plan review process, required street trees shall be shown including species and caliper, and submitted to and approved by the director of planning and VDOT. (1) Unless otherwise approved by the director of planning and VDOT during the review of the overall development plan for a TND project, all public and private streets except alleys shall be planted with large maturing street trees on an average of forty (40) feet on center within the street right-of-way of each block, either within a sidewalk area or within a planting strip between the curb and sidewalk having a minimum width of six (6) feet. When small maturing ornamental street trees are proposed, spacing shall average twenty-five (25) feet on center. (2) Within a TND project, the minimum clear zone shall be established for proposed trees within the public street right-of-way by using six (6) inch vertical curbing for all public streets. (3) Within a TND project, planting strips within a street right-of-way shall be planted with turf grasses or other low growing plants as approved by VDOT. (4) For all trees planted in tree wells in a sidewalk area within or adjacent to a public or private street, a minimum of seventy-five (75) square feet by three (3) feet deep beneath the sidewalk shall contain an uncompacted soil mix favorable to healthy tree growth, irrigation, and a subdrain tied to the storm drain system. (5) Unless otherwise required during subdivision review, trees shall be planted at a maximum spacing of 40 feet on center and no more than five (5) feet outside of the right-of-way in an easement granted to the homeowners association or within the right- of-way if approved by VDOT. For single trunk trees the minimum allowable caliper measured four feet above grade shall be two and one half inches. Multistem trees shall have a minimum of three canes 08-398 05/28/08 and be a minimum of ten feet in height. Species selected for planting shall be suitable for growing in this vegetative zone and shall be drought tolerant. (6) The subdivider or developer shall at their expense install all required street trees identified on the approved plans prior to recordation or surety shall be provided in the amount approved by the director of planning and in a form accepted by the county attorney's office, sufficient to guarantee installation. Any surety shall be held by the director of planning. Installation within a subdivision shall be completed prior to state acceptance of the subdivision's streets. (7) Required street trees shall be guaranteed by the installer for a period of not less than one year. Replacement of dead trees is required in accordance with section 19-518(d) Maintenance responsibilities of the required street trees within a subdivision shall be specified on the final check plan and record plat to be the responsibility of the homeowners association. Street trees shall not be removed during or after residences are constructed. Trees removed shall be replaced with a like species and in a size comparable to the original planting. 000 19-644. Other restrictions for building mounted signs. 000 (b) Signs may be mounted perpendicular to a building provided that no sign shall project more than 36 inches from the building, roof or canopy, exceed a face to face thickness of eight inches or exceed the height of the fascia or parapet wall. All projecting signs shall maintain a minimum clearance of eight (8) feet above grade below the sign. Within a Traditional Neighborhood Development (TND), building signs projecting over a sidewalk may extend up to eight (8) feet from the building as long as the sign is no closer than four (4) feet from the face of curb at the street. 000 Sec. 19-645. Freestanding sign design. (b) Any freestanding sign in a TND, O-1 or C-1 District shall conform to village district standards, with the exception that uses in a TND District that front on a major arterial outside of a village district may use countywide size restrictions for area and height for signs located on the major arterial. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-399 J J J 05/28/08 17.B. TO CONSIDER AMENDMENTS TO THE COUNTY'S FIRE PREVENTION CODE Mr. Robbie Dawson, Fire Marshall, stated this date and time has been advertised for the Board to consider amendments to the County's Fire Prevention Code. He further stated in the Fire Prevention Code the year needed to be changed from 2003 to 2006. Mr. Warren called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Gecker, 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 10-3 RELATING TO AMENDMENTS TO THE FIRE. PREVENTION CODE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 10-3. Fire prevention code--Amendments, additions and deletions. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, § 27-97, in the following respects: 0 0 0 Chapter 3. General Precautions Against Fire 307.1 Title and Purpose. Delete and substitute section 307.1 as follows: This article shall be known as the Chesterfield County Ordinance for the Regulation of Open Burning. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within Chesterfield County to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws. 307.1.1 Definitions. Delete and substitute section 307.1.1 as follows: For the purpose of this article and subsequent amendments or any orders issued by Chesterfield County, the words or phrases shall have the meaning given them in this section. 08-400 05/28/08 A. "Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found . B. "Bonfire" means an outdoor fire utilized for ceremonial purposes. C. "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. D. "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. E. "Debris waste" means stumps, wood, and brush from property maintenance and/or land clearing operations. F. "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste. G. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living. H. "Hazardous waste" means refuse or combinations of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: 1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or 2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. I. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day to day living. J. "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in 08-401 J J J 05/28/08 factories, processing plants, refineries, slaughterhouses, and steel mills. K. "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. L. "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See solid waste management regulations for further definitions of these terms. M. "Local landfill" means any landfill located within the jurisdiction of a local government. N. "Occupied building" means any structure occupied or intended for supporting or sheltering any occupancy. O. "Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. P. "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by- products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and overdraft incinerators. Q. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. R. "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. S. "Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See solid 08-402 05/28/08 waste management regulations for further definitions of these terms. T. "Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. U. "Special incineration device" means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion performance. 307.2 Open Burning Regulations. Delete and substitute Section 307.2 as follows: A. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance. B. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of household refuse or garbage. C. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. D. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. E. No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste. F. Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard special attention should be directed to Code of Virginia, ~ 10.1-1142, of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. G. Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in part VII of the Regulations for the Control and Abatement of Air Pollution or when deemed advisable by the state air pollution control .board to prevent a hazard to, or an 08-403 J J J 05/28/08 unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device, and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. 307.2.1 Exemptions. Delete and substitute subsection 307.2.1 as follows: The following activities are exempted from the above prohibitions to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution: A. Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; B. Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; C. Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; D. Open burning for forest management and agriculture practices approved by the state air pollution control board; and E. Open burning for the destruction of classified military documents. 307.2.2 Permissible open burning. Add subsection 307.2.2 as follows: A. Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the following conditions are met: 1. A written permit, valid for 30 days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: completed information form, the name, address and telephone number of the occupant and, if different, owner of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn; 2. A copy of the burn permit shall be maintained at the site of the burn, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from deterioration by weather; 08-404 05/28/08 3. The burning shall take place on the premises of the private property from which the trimmings were taken; and all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; 4. The location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; 5. All fires must be at least 50 feet from any structure; 6. Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; 7. No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road; 8. Permits for burning tree trimmings and/or garden trimmings shall be limited to two per site per year. B. Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other designated local clearing operations which may be approved by Chesterfield Fire & EMS, Fire and Life Safety Division, provided the following conditions are met: 1. A written permit, valid for 90 days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: Fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing burn, and the name, address and telephone number of the owner and, if different, developer. of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn; 2. A copy of the burn permit shall be maintained at the site of the burn, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be J J J 08-405 05/28/08 maintained in a manner that protects it from deterioration by weather; 3. The burning shall take place on the site from which the debris waste was generated. All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; 4. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; 5. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; 6. The burning shall be conducted at the greatest distance practicable from highways and airfields; 7. Permitted fires shall be constantly attended by a competent person until they are extinguished and conducted to ensure the best possible combustion with a minimum of smoke being produced. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; 8. The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; 9. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area; and 10. The permit holder must maintain liability insurance in the minimum amount of $1,000,000.00 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal. C. Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas, provided that the following conditions are met: 1. A written permit, valid for 90 days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing burn; 08-406 05/28/08 2. The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; 3. Permitted fires shall be constantly attended by a competent person until they are extinguished and conducted to ensure the best possible combustion with a minimum of smoke being produced. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; 4. The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning debris waste, or clean burning demolition waste; 5. All reasonable effort shall be made to minimize the amount of material that is burned; with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; 6. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; 7. No materials may be burned in violation of the regulations of the Virginia Waste Management. Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and Chesterfield County Fire & EMS, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire & EMS, Fire and Life Safety Division shall be notified of the days during which the burning will occur. and 8. The permit holder must maintain liability insurance in the minimum amount of $1,000,000.00 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal. D. Sections A through C above notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during the months of May, June, July, August, or September. 307.2.3 Permits. Add subsection 307.2.3 as follows: A. When open burning of debris waste or open burning of debris on the site of a local landfill is to occur 08-407 J J J 05/28/08 within Chesterfield County, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division prior to the burning. Such a permit may be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. B. Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division, such permits to be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by Chesterfield County Fire & EMS, Fire and Life Safety Division to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions: 1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. 2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. 3. The location of the burning shall be a minimum of 500 .feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased. 4. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. 08-408 05/28/08 5. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. 6. The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste. 7. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. 307.2.4 Attendance at Open Fires. Add subsection 307.2.4 as follows: Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official. 307.2.5 Endangering Other Property. Add subsection 307.2.5 as follows: No person shall kindle or authorize to be kindled or maintain any permitted fire in such a manner that it will endanger the property of another. 307.2.6 Revocation of Permits. Add subsection 307.2.6: If any permit holder violates any provision of this ordinance or if any permit holder makes a material misrepresentation on a permit application, The Fire Marshal may require the extinguishments of the fire and the burn permit shall be subject to revocation; 307.4 Fees. Delete and substitute section 307.4 as follows: 1. There shall be no fees for the permit required by Section 307.3.2(A). 2. Fees for permits required by section 307.3.2 (B) and (C) and shall be $400.00 307.5 Attendance. Delete the words "Open burning". 308.3.1. Add the following sentences to the end of the opening paragraph of section 308.3.1, prior to the Exceptions, as follows: The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. 308.3.1. Delete exception 2. 308.5.3 Sweating Joints. Add section 308.5.3 as follows: Any person using a torch or other flame-producing device for sweating pipe joints in any building or structure shall have available in the immediate vicinity, one approved fire 08-409 J J 05/28/08 extinguisher or water hose connected to a water supply. Combustible material in the close proximity of the work shall be protected against ignition by shielding, wetting, or other approved means. In all cases, the person performing the work shall remain in the vicinity of the sweating operation for one-half hour after the torch or flame-producing device has been used. 315.4 Materials Storage Regulation. Add subsection 315.4 as follows: No person shall store any combustible packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials of a gross volume of greater than 2,500 cubic feet (70 m3) in any structure or on any premises, except under conditions approved by the code official. 315.5 Storage, Park or Repair. Add. subsection 315.5 as follows: No person shall store, park or repair any vehicle, tool or equipment that has a fuel tank that contains a flammable or combustible liquid or liquefied petroleum gas as a source of fuel within or on any occupancy in Use Group R, or part thereof, unless such building or structure is built for the purpose of such storage, parking or repairing in accordance with all requirements of the Uniform Statewide Building Code and this code. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. This section shall not apply to detached one- and two-family dwellings. unless such storage, parking or repairing is conducted as a business. Such businesses must then comply with all applicable provisions of the Uniform Statewide Building Code and the Chesterfield County Code. Chapter 5. Fire Service Features 502.1. General Definitions. Delete and substitute the following definition: Fire Lane. An area designated by clearly visible signs and/or markings in which parking shall be prohibited, whether on public or private property, to ensure ready access for and to fire fighting equipment and facilities. 503.7 Illegal Use. Add subsection 503.7 as follows: 1. No person shall park or leave an unattended vehicle in or otherwise obstruct with a vehicle any designated or marked fire lane. 2. No person shall place or locate any equipment, materials, or any other object in or otherwise obstruct any designated or marked fire lane. 3. The penalty for violation of section 503.8(1) shall be the same as outlined for other parking violations in the Chesterfield County Code. The penalty for violation of section 503.8(2) shall be 08-410 05/28/08 the same as for all other violations of this chapter. Chapter 9 Fire Protection Systems 901.5.2 Altering or Changing Supervisory Services. Add subsection 901.5.2 as follows: The code official shall be notified prior to any alterations to the supervisory service equipment or if the agent providing supervisory service changes for any required fire protection system. Functional testing shall be conducted prior to the system being returned to service. The level of testing will be determined by the code official. All testing shall be conducted in the presence of the code official and appropriate documentation shall be provided to the code official to verify that the system is being supervised as designed and in accordance with the building code in effect at the time of installation. 901.6.1.1 Limited Area Sprinkler Systems. Add subsection 901.6.1.1 as follows: All limited area sprinkler systems shall be inspected annually and maintained according to NFPA 25 and in accordance with the following standards: 1. The sprinkler control valve shall be permanently marked with a sign stating "Sprinkler Control Valve." Markings made with embossed plastic tape, pencil, ink, crayon, or similar materials shall not be considered permanent. The sign shall be secured with noncorrosive wire, chain, or other means. 2. Markings shall be provided in a conspicuous place at the sprinkler control valve and shall state: "Notify the Fire Department (748-6240) before closing valve." 3. Valves connecting the limited area sprinkler system to the domestic water supply shall be locked open in an approved manner. 901.6.3 Reporting Results of Periodic Tests. Add subsection 901.6.3 as follows: The individual or company performing any test or inspection required under this article shall provide the code official with a complete written record of the test or inspection within 15 days after it is conducted. Such written record shall note plainly which standard, as referenced by this code, was used for the test or inspection. 904.11.6.1 Ventilation System. Delete and substitute subsection 904.11.6.1 as follows: The ventilation system in connection with hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used. Cooking appliances, which require a commercial kitchen exhaust hood system, shall not be operated while the fire suppression system or kitchen exhaust system is non-operational or otherwise impaired. 08-411 J J 05/28/08 904.11.6.6 Manual Operations. Add subsection 904.11.6.6 as follows: Instructions for manually operating the fire suppression system for the commercial kitchen exhaust system shall be posted conspicuously in the kitchen and shall be reviewed periodically with employees by the management. 907.21 Nuisance Alarm Activations. Add section 907.21 as follows: The owner and/or the occupant of any structure served by a fire protection system which has activated on two or more occasions when no fire, unsafe condition or other hazard has occurred, shall repair the system or correct conditions which are causing the system to activate. Chapter 10. Means of Egress 1027.22 Marking Means of Egress. Add subsection 1027.22 as follows: The code official may require the means of egress through storage areas to be marked, and the owner or his agent shall be responsible for marking and maintaining such aisles as required. Chapter 27. Hazardous Materials - General Provisions 2702.1 Definitions. Delete and substitute the following definition: Hazardous Materials. Those chemicals or substances which are physical hazards or health hazards as defined and classified in this Chapter, whether the materials are in usable or waste condition, including flammable and combustible liquids. Chapter 33. Explosives and Fireworks 3301.1.3.1 Fireworks Prohibited. Add subsection 3301.1.3.1 as follows: Permissible fireworks, as defined in the Statewide Fire Prevention Code, shall not be possessed, stored, sold, used or handled in Chesterfield County. 3308.1 General. Add the following text to 3308.1: A permit shall be required for the display of fireworks and pyrotechnic special effect materials. 3308.2 Permit Application. Add the following text to 3308.2: Application for permits shall be made in writing at least 60 days in advance of the date of the display or discharge of fireworks or pyrotechnic special effect materials. The sale, possession, discharge and distribution of fireworks or pyrotechnic special effect materials for display shall be lawful only under the terms and conditions, and for the purpose set forth in the permit. A permit shall not be transferable, and shall not extend beyond the dates set forth in the permit. 08-412 05/28/08 3308.11 Violations. Delete and substitute 3308.11 as follows: No person shall store, possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks or pyrotechnic special effect materials, except as provided in the rules and regulations issued by the code official for the granting of permits for supervised displays of fireworks or pyrotechnic special effect materials. Chapter 34. Flammable and Combustible Liquids 3404.1.1 Prohibited Storage. Add subsection 3404.1.1 as follows: The storage of flammable and combustible liquid shall be prohibited in occupancies of Use Group A, R-1, R-2, and in rental storage facilities. 3406.5.1.6 Fire Protection. Delete and substitute 3406.5.1.6 as follows: Whenever tank vehicles are automatically loaded with flammable liquids at bulk storage terminals without an employee in attendance, the loading rack area .shall be protected by a completely automatic fire suppression system approved by the code official. The system shall be designed to provide fire protection to both the loading rack and tank vehicles and shall be supervised by an accredited central station facility. Chapter 38. Liquefied Petroleum Gases 3801.4 Emergency Services. Add subsection 3801.4 as follows: Anyone who supplies liquefied petroleum gas service shall have a qualified maintenance person available at all times to assist fire department personnel with emergency incidents involving the service. 3809.13. Delete and substitute section 3809.13 as follows: Protection of Containers. Containers shall be placed in a suitable enclosure or otherwise protected against tampering. The enclosure shall be secured to the sidewalk, concrete pad, or building to avoid tipping or movement of the enclosure. The servicing company's name and 24-hour phone number and "NO SMOKING" signs shall be provided and maintained on the enclosure. Vehicular protection shall be provided as required by the fire official. APPENDICES The following appendices of the International Fire Code, 2006 Edition shall be an enforceable part of this code: Appendix B - Fire-flow Requirements for Buildings Appendix C - Fire Hydrant Locations and Distribution Appendix D - Fire Apparatus Access Roads 08-413 J J J 05/28/08 Exception: Section D106 and Section D107 shall not be included in this code. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17.C. TO CONSIDER AN ORDINANCE DIVIDING CHIPPENHAM, DUTCH GAP AND WELLS VOTING PRECINCTS AND CHANGING THE POLLING PLACES FOR BEACH, ENON, MATAOCA AND MEADOWBROOK VOTING PRECINCTS Mr. Larry Haake stated this date and time has been advertised for the Board to consider an ordinance dividing Chippenham, Dutch Gap and Wells voting precincts and changing the polling places for Beach, Enon, Matoaca and Meadowbrook voting precincts. He further stated using Elizabeth Scott Elementary will reduce travel time for voters. In response to Mr. Gecker's question, Mr. Haake stated the Registrar's Office will notify voters of changes in polling places with new voting cards and through the media. In response. to Mr. Holland's question, Mr. Haake stated the Justice Department has 60 days to approve the changes and that he would keep the Board updated of the process. Mr. Warren called for public comment. Mr. L. J. McCoy, the Vice President of Chesterfield NAACP, stated the proposed changes should not be implemented until after the Presidential Election. Mr. Bill Brown, a 24-year resident of Chesterfield County, spoke in support of the proposed changes, but hoped additional information would be sent to the voters affected by them. He suggested including maps and directions in any notifications sent out. Ms. Elaine Beard, a citizen of Midlothian District, spoke in opposition to the timing of the changes in polling places. She stated the changes should not be made until after the Presidential Election. Mr. Haake stated changes will not be allowed after February 2009 due to redistricting. Mr. Holland reiterated the importance of early dissemination of the changes to the citizens. In response to the Board's questions, Mr. Haake stated the proposed changes will assist with increasing staffing at voting precincts and parking situations. On motion of Mr. Gecker, seconded by Mr. Holland, 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 7-3 RELATING TO PRECINCT BOUNDARIES AND POLLING PLACES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 08-414 05/28/08 (1) That Section 7-3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 7 3. Precinct boundaries and polling places. The following shall be the precinct boundaries and polling places for magisterial districts in the county: Enon Voting Precinct (103): Beginning at the point where the center line of U.S. Interstate 295 intersects the boundary line between Henrico County and Chesterfield County; thence South along the center line of U. S. Interstate 295 to its intersection with the Seaboard Coast Line right of way; thence westward along said right of way to its intersection with Ramblewood Drive (State Route 617); thence southeastwardly along the center line of Ramblewood Drive (State Route 617) to its intersection with Rebel Ridge Road (State Route 1093); thence westward along the center line of Rebel Ridge Road (State Route 1093) to its intersection with Walthall Drive (State Route 1090); thence southeastwardly along the center line of Walthall Drive (State Route 1090) to its intersection with Ruffin Mill Road (State Route 746); thence southwestwardly along the center line of Ruffin Mill Road (State Route 746) to its intersection with Ashton Creek; thence along the center line of Ashton Creek as it meanders westward to its intersection with U.S. Interstate 95 (Richmond Petersburg Turnpike); thence southwardly along the center line of U.S. Interstate 95 (Richmond Petersburg Turnpike) to its intersection with Swift Creek, which acts as the boundary line between Chesterfield County and the City of Colonial Heights; thence along- said boundary as it meanders eastwardly to -its intersection with the boundary between Chesterfield County and Prince George County; thence along the boundary lines between Chesterfield County and Prince George County, the City of Hopewell and Charles City County as it meanders to the intersection with the boundary lines between Chesterfield County and Henrico County; thence along said boundary line as it meanders northwestward with the James River to the point where it intersects with the center line of U.S. Interstate 295, the point and place of beginning. The voting place for Enon Voting Precinct shall be Elizabeth Davis Middle School, 601 Bus Loop Court. Wells Voting Precinct (107): Beginning at the point where the center line of the CSX Railroad right-of-way intersects the center line of Ruffin Mill Road; thence northward along the center line of said right-of-way to its intersection with Ashton Creek; thence westward along the center line of Ashton Creek to its intersection with Harrowgate Road (State Route 144); thence southward along the center line of Harrowgate Road to its intersection with Happy Hill Road; thence southeastward along the center line of Happy Hill Road to its intersection with U. S. 1/301 (Jefferson Davis Highway); thence northward along the center line of U. S. 1/301 (Jefferson Davis Highway) to its intersection with Ruffin Mill Road; thence eastward along the center line of Ruffin Mill Road to its 08 -415 J J J 05/28/08 intersection with the CSX Railroad right-of-way the point and place of beginning. The voting place for Wells Voting Precinct shall be C.C. Wells Elementary School, 13101 South Chester Road. Carver Voting Precinct (112) Beginning at the point where Harrowgate Road intersects with Happy Hill Road; thence westward along the center line of Happy Hill Road to its intersection with Old Happy Hill Road; thence northwestward along the center line of Old Happy Hill Road to its intersection with Branders Bridge Road (State Route 625); thence southward along the center line of Branders Bridge Road to its intersection with Tinsberry Creek; thence southeastward along the center line of Tinsberry Creek to its intersection with U. S. 1/301 (Jefferson Davis Highway); thence northward along the center line of U.S. 1/301 (Jefferson Davis Highway) to its intersection with Happy Hill Road; thence northwestward along the center line of Happy Hill Road to its intersection with Harrowgate Road, the point and place of beginning. The voting place for Carver Voting Precinct shall be Carver Middle School, 3800 Cougar Trail. Dutch Gap Voting Precinct (110): Beginning at the point where Rebel Ridge Drive intersects with Ramblewood Drive (State Route 617); thence westward along the center line of Rebel Ridge Road (State Route 1093) to its intersection with Walthall Drive (State Route 1090); thence southwardly along the center line of Walthall Drive (State Route 1090), through the dividing line between Ruffin Mill Lot 5 and Walthall Ridge Lot 029, to its intersection with Ruffin Mill Road (State Route 746); thence southeastwardly along the center line of Ruffin Mill Road (State Route 746) to its intersection with Ashton Creek; thence along the center line of Ashton Creek as it meanders westward to its intersection with U.S. Interstate 95 (Richmond Petersburg Turnpike); thence northwardly along the center line of U.S. Interstate 95 (Richmond Petersburg Turnpike) to its intersection with West Hundred Road; thence eastward along the center line of West Hundred Road to its intersection with Ware Bottom Springs Road; thence southwestward along the center line of Ware Bottom Springs Road to its intersection with Ramblewood Drive (State Route 617); thence .southeastward along the center line of Ramblewood Drive to its intersection with Rebel Ridge Drive, the point and place of beginning. The voting place for Dutch Gap Voting precinct shall be Marguerite Christian Elementary School, 14801 Woods Edge Road. Elizabeth Scott Voting Precinct (109): Beginning at the point where Rebel Ridge Drive intersects with Ramblewood Drive (State Route 617); thence northwestwardly along the center line of Ramblewood Drive (State Route 617) to its intersection with Ware Bottom Springs Drive; thence northeastward along the center line of Ware Bottom Springs Drive to its intersection with West 08-416 05/28/08 Hundred Road; thence westward along the center line of West Hundred Road to its intersection with U.S. Interstate 95 (Richmond Petersburg Turnpike); thence northward along the center line of U.S. Interstate 95 (Richmond Petersburg Turnpike) to its intersection with Proctors Creek at the point where the center line of Proctors Creek intersects the boundary line between Henrico County and Chesterfield County; thence along said boundary line as it meanders eastwardly with the James River to the point where U.S. Interstate 295 intersects the boundary line between Henrico County and Chesterfield County; thence southward along the center line of U. S. Interstate 295 to its intersection with the Seaboard Air Line right of way; thence northwardly and westward along the center line of said right of way to its intersection with the Seaboard Coast Line right of way; thence westward along the center line of said right of way to its intersection with Ramblewood Drive (State Route 617); thence southeastwardly along the center line of Ramblewood Drive to its intersection with Rebel Ridge Drive, the point and place of beginning. The voting place for Elizabeth Scott Voting precinct shall be Elizabeth Scott Elementary School, 813 Beginners Trail Loop, Chester, VA 23836. Chippenham Voting Precinct (207): Beginning at the point where the boundary line between the County of Chesterfield and the City of Richmond intersects the center line of Iron Bridge Road (State Route 10); thence southwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Jessup Road; thence westward along the center line of Jessup Road to its intersection with Turner Road; thence northward along the center line of Turner Road to its intersection with Belmont Road; thence, northeastwardly along the center line of Belmont Road (State Route 651) to its intersection with the boundary line between Chesterfield County and the City of Richmond; thence southeastwardly along said boundary line to its intersection with Iron Bridge Road (State Route 10), the point and place of beginning. The voting place for Chippenham Voting Precinct shall be J.G. Hening Elementary School, 5230 Chicora Drive. Southside Voting Precinct (213): Beginning at the point where Iron Bridge Road intersects Jessup Road; thence southwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Kingsland Creek; thence northwestwardly along the center line of Kingsland Creek, through Cosby's Lake as it meanders toward Cogbill Road (State Route 638); thence southwestwardly along the center line of Cogbill Road (State Route 638) to its intersection with Belmont Road (State Route 651); thence, northeastwardly along the center line of Belmont Road (State Route 651) to its intersection with Turner Road; Thence southward along the center line of Turner Road to its intersection with Jessup Road; thence eastward along the center line of Jessup Road to its intersection with Iron Bridge Road, the point and place of beginning. The voting place for Southside Voting Precinct shall be Southside Baptist Church, 6000 Iron Bridge Road. 08-417 J J 05/28/08 Meadowbrook Voting Precinct (208): ~. Beginning at the point where the center line of Iron Bridge Road (State Route 10) intersects the center line of Chippenham Parkway (State Route 150); thence southeastwardly along the center line of Chippenham Parkway (State Route 150) to its intersection with Hopkins Road (State Route 637); thence southwardly along the center line of Hopkins Road (State Route 637) to its intersection with Beulah Road (State Route 641); thence southwestwardly along the center line of Beulah Road (State Route 641) to its intersection with Kingsland Creek; thence westward along the center line of said creek to its intersection with Iron Bridge Road (State Route 10); thence northwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Chippenham Parkway (State Route 150), the point and place of beginning. The voting place for Meadowbrook Voting Precinct shall be Meadowbrook High School, 4901 Coghill Road. Matoaca Voting Precinct (303): Beginning at the point where the center line of the Appomattox River intersects the center line of the Virginia Power Company easement; thence northwardly along said easement to its intersection with Oldtown Creek; thence northeastwardly along the center line of Oldtown Creek to its intersection with Hickory Road (State Route 628); thence westward along the center line of Hickory Road (State Route 628) to its intersection with Graves Road (State Route 630); thence southwestwardly along the center line of Graves Road (State Route 630) to its intersection with River Road (State Route 602); thence southward on River Road to the southeastern boundary line of census block 1007034006; thence southwest along the said census block boundary to the boundary line between the County of Chesterfield and the County of Dinwiddie; thence eastwardly along said boundary line as it follows the Appomattox River to its intersection with the Virginia Power Company easement, the point and place of beginning. The voting place for Matoaca Voting Precinct shall be Matoaca Middle School East, 6001 Hickory Road. Beach Voting Precinct (305): Beginning at the point where the center line of Nash Road (State Route 655) intersects the center line of Woodpecker Road (State Route 626); thence southwardly along the center line of Nash Road (State Route 636) to its intersection with a creek known as Second Branch; thence westward along the center line of Second Branch as it meanders to its intersection with Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with Beach Road (State Route 655); thence eastwardly along the center line of Beach Road (State Route 655) to its intersection with Qualla Road (State Route 653); thence northwardly along the center line of Qualla Road (State Route 653) to its intersection with Swift Creek; thence meandering eastwardly along the center line of Swift Creek to its intersection with the 08-418 05/28/08 eastern boundary line of Pocahontas State Park thence southward along the eastern boundary line of Pocahontas State Park to its intersection with Woodpecker Road; then eastward along the center line of Woodpecker Road to its intersection with Nash Road, the point and place of beginning. The voting place for Beach Voting Precinct shall be Second Branch Baptist Church, 12217 Second Branch Road. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17.D. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT FEES Mr. Glenn Larson stated advertised .for the Board to Planning Department fees. this date and time has been consider proposed adjustments to Mr. Warren Wakeland, the Director of Government Affairs for the Richmond Homebuilders Association, spoke in opposition of increasing the Planning Department fees. He requested the Board defer this item for thirty days to give the community an opportunity to do research on it. Mr. Gregory Bergeret stated there is no rationale for the proposed changes to the fees. He further stated there was no articulation for why residential development pays higher fees then commercial development. Mr. Bob Schrum, a member of the Chesterfield Chamber of Commerce, spoke in opposition to the increase in the Planning Department fees. Mr. Bill Brown, a Dale District resident, spoke in opposition to the increase in the Planning Department fees. Mr. Warren closed the public hearing. Mr. Gecker stated the Board does not have a policy regarding fee recovery for the Planning Department. He explained there is a practice put in place by the previous administration asking the Planning Department to set levels at 80 percent. He stated he served on the fee committees while serving on the Planning Commission and it was a debate then how much the commercial community should be paying in fees. He further stated being able to process administrative cases faster through the Planning Department saves developers money. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred consideration of the proposed adjustments to Planning Department fees to June 25, 2008 and to advertise for 70 percent for the commercial portion. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-419 J J J 05/28/08 17.E. TO REVIEW THE CASH PROFFER CALCULATIONS AND CONSIDER A MAXIMUM CASH PROFFER AMOUNT PER DWELLING UNIT FOR FY2009 AND CASH PROFFER POLICY CHANGES Mr. Allan Carmody provided a summary of results of the cash proffer program. He stated changes were last made to program in 2006. He reviewed annual collections from 2002 through 2007 and collections/appropriations by category. He then reviewed data relative to units paying proffers and benchmark collections. He provided a summary of how much the cash proffers fund the Capital Improvement Program and the amount of building permits being pulled on cash proffer lots. He. stated the calculated total cost of the impact of development totals $23,959 per dwelling unit with the largest driver for the increase being the roads component. He reviewed the Marshall and Swift adjustment history. He stated the County Administrator recommends that the Board set $23,072 per dwelling unit as the maximum acceptable cash proffer for FY2009; adopt the Marshall and Swift increase of 15.9 percent for existing cases; and adopt the cash proffer policy changes as presented. Mr. Warren then requested a five-minute recess. Reconvening: Ms. Leisha LaRiviere, Executive Director of Habitat for Humanity, requested that Habitat for Humanity not be assessed the cash proffer. Mr. Mike Harton, a Midlothian resident, spoke in opposition of the increase in the cash proffer. He stated raising the cash proffer will affect the ability to build affordable housing. Mr. T.K. Somanath spoke in opposition of the increase in cash proffer. He stated the proffer system is not a one size fits all solution. Mr. George Emerson stated he does not pay the cash proffer; instead it is passed on to the consumer. He further stated the cash proffer system needs to be amended. Mr. Jack Wilson, representing the Chesterfield Business Alliance, spoke in opposition to an increase in the cash proffer. He stated an increase will impact the housing market in Chesterfield County. Mr. Tom Winfree, President of Village Bank, urged the Board to reject the proposed increase to the cash proffer. Reverend Margaret Kutz spoke in opposition to an increase in the cash proffer. She stated the cash proffer policy needs to be revised. Mr. Gregory Bergeret, a Bermuda District resident, spoke in opposition to increasing the cash proffers and suggested revisiting the cash proffer policy. Mr. Darren Sprouse, Director of Land with Centex Homes, stated the increase in the cash proffers is in essence a tax on the citizens of Chesterfield. 08-420 05/28/08 Mr. David Webb stated there was a problem with the current cash proffer system because the proffers have increased, but they have not paid for growth. He urged the Board to consider a proffer system that takes into account the location and size of the home being built. Mr. William Shewmake, a Midlothian District resident, urged the Board to postpone the increase to the cash proffers and set up a committee to review the changes needed. Ms. Kimberly Sanchez, a homebuilder in Chesterfield County, expressed concerns relative to making housing cost prohibitive for many people. She urged the Board to form a committee to revise the cash proffer policy. Mr. Kevin McNulty representing Lifestyle Builders and Developers, spoke in opposition to an increase of the cash proffers. Mr. Tom Pakurar, a Clover Hill District resident, stated the Board needed to study the effects of increasing the cash proffer amount. Mr. Dave Anderson stated his company had applied for 380 building permits this year. He further stated he opposed any adjustments to this policy. Mr. Larry Miller, a Dale District resident, stated the cash proffer system does not limit affordable housing because that is not what is being built in Chesterfield County. He further stated if the cash proffer policy does not exist, it will in turn raise every citizen's taxes. Mr. Casey Sowers urged the Board to consider a differential cash proffer system. Mr. Bill Hastings, a Matoaca District resident, spoke in opposition to raising the cash proffers further. Mr. Vernon McClure, a homebuilder in Richmond, presented a comparison of lot prices sold within the last year in Chesterfield and Henrico, showing the average lot is $20,000 more expensive in Chesterfield. He stated it is difficult to find affordable housing in Chesterfield County due to the cash proffers assessed on each lot. Mr. Jim Slaughenhaupt stated he does not support an across the board increase on the proffers. He further stated the policy needs to be adjusted for the size of the house. Mr. Peter Martin spoke in support of increasing the cash proffer policy to assist paying for growth. Mr. Warren Wakeland, the Director of Government Relations for the Homebuilders Association of Richmond, stated everyone benefits from growth in the community. He requested that the Board defer the decision on the cash proffer policy. He stated .the proffer system is broken and needs to be revisited. Ms. Shelly Schuetz spoke in support of the increase to cash proffer, citing it is not the cash proffer policy that 08-421 J J J 05/28/08 increases the cost of housing, but the additional amenities added to the new houses being built. Ms. Elaine Beard spoke in support of an increase in the cash proffer policy. Ms. Carrie Coyner spoke in opposition of an increased cash proffer policy. She stated increasing the cash proffer will keep young families from moving into Chesterfield County. Mr. Warren closed the public hearing. Ms. Jaeckle made a motion for the Board to defer the review of the cash proffer calculations and consideration of a maximum cash proffer amount per dwelling unit for FY2009 and Cash Proffer Policy changes to August 27, 2008. Ms. Jaeckle's motion failed for lack of a second. Ms. Jaeckle stated a work session should be scheduled before the next legislative session. She further stated a meeting should be held to discuss and weigh the different options out there. Ms. Durfee thanked everyone for attending the meeting. She stated the proffer system is a complex system that needs to be improved. She further stated the authority was given to local governments by the State Legislature. She stated the system lays out what can be paid for by the proffer system. She addressed concerns relative to the amount of the increase, stating there have been a number of years where there was no increase in the proffers. She stated if the county does not use the cash proffer system or impact fees, the tax rate will have to increase to pay for infrastructure. She further stated if the county continues to reduce the amount of the proffers, the county services will be degraded. She stated the county does not have safe roads and things need to be changed. She further stated citizens purchasing homes in the new developments do not complain about the cash proffers being paid, but they do complain about not having the services they expect in their area of the county. She stated she recognizes the need for affordable housing in the county. She further stated she understands Speaker Howe's letter asking localities to not increase their proffers at this time, but if he knew Chesterfield had not increased their proffers for some time, he would understand. Mr. Holland thanked everyone for their comments. He stated he felt it is important to listen to the citizens. He further stated the county needs to look at the inflow of funds and the outflow of funds. He stated the Board is elected to make the tough decisions and do the best for Chesterfield. He further stated he supported an increase in the maximum cash proffer. Mr. Gecker stated he has been dealing with the cash proffer system for over eight years and has discussed differential proffers. He further stated the previous Board did not hold public hearings for the cash proffer increases. He stated a study was to be done to determine whether the proffer calculations used by the county were wrong, and he has yet to see one. He further stated the current proffer system is broken and contributes to sprawl because all land is 08-422 05/28/08 calculated equally; therefore, it has forced the sprawl development. He stated the issue of the lack of affordable housing is not directly tied to the cash proffers. He further stated he welcomes Mr. Emerson's idea of rewriting the cash proffer policy. Mr. Gecker made a motion, seconded by Mr. Warren, for the Board to adopt the FY2009 maximum cash proffer at the rate of $18,080 per dwelling unit and Cash Proffer Policy changes. Mr. Warren stated only 40 percent of taxpayers have school- aged children, but all taxpayers pay taxes that go towards the school system. He further stated Chesterfield County has one of the highest qualities of life in the area. He asked the speakers to address the legislative delegation on the transportation concerns in the Commonwealth. Mr. Holland then made a substitute motion, seconded by Ms. Durfee, for the Board to adopt the FY2009 maximum cash proffer at the rate of $20,500 per dwelling unit and approve Cash Proffer Policy changes. Ayes: Durfee and Holland. Nays: Warren, Gecker and Jaeckle. The substitute motion failed. Mr. Gecker restated his motion, seconded by Mr. Warren, for the Board to adopt the FY2009 maximum cash proffer at the rate of $18,080 per dwelling unit and approve Cash Proffer Policy changes. Ayes: Warren, Gecker and Jaeckle. Nays: Durfee and Holland. Ms. Jaeckle stated she would like to see revisions made to the Cash Proffer Policy. Ms. Durfee stated the difference between the suggested proffer amount and the amount approved is approximately $5,800. She further stated at the Transportation Conference it was stated localities have been directed that they will have approximately 44 percent less funds for transportation. Mr. Warren made a motion, seconded by Mr. Gecker, for the Board to suspend its rules at this time to allow consideration of agenda items after 11:00 p.m. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS CROSS STREET WITHIN SEABOARD COAST LINE INDUSTRIAL PARK Mr. Pete Stith stated this date and time has been advertised for the Board to consider an ordinance to vacate a portion of 08-423 J J J 05/28/08 a sixty-foot unimproved county right of way known as Cross Street with Seaboard Coast Line Industrial Park. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to CHESTERFIELD LANDCO, LLC, a Virginia limited liability company and CROSS STREET PROPERTY, LLC, a Virginia limited liability company, ("GRANTEES"), a portion of a 60' unimproved county right of way known as Cross Street within Seaboard Coast Line Industrial Park, BERMUDA 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 23, at Pages 38 and 39. WHEREAS, CROSS STREET PROPERTY, LLC, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 60' unimproved county right of way known as Cross Street within Seaboard Coast Line Industrial Park, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 23, Pages 38 and 39, by BODIE, MILLS, TAYLOR and PURYEAR, INC., dated AUGUST 1, 1974. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of a 60' unimproved county right of way known as Cross Street within Seaboard Coast Line Industrial Park, the location of which is more fully shown on a plat made by BARTHOL DESIGN ASSOCIATES, dated MARCH 11, 2008, 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, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. 08-424 05/28/08 The effect of 2274 is to destroy the portion of the fee simple title of way hereby vacated and clear of any ric this Ordinance pursuant to Section 15.2- the force and effect of the recording of plat vacated. This Ordinance shall vest the centerline of the portion of right of on the abutting property owners of free ~hts of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and CHESTERFIELD- LANDCO, LLC, a Virginia limited liability company and CROSS STREET PROPERTY, LLC, a Virginia limited liability company, or their successors in title, as GRANTEES. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17.G. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF SPRING LAKE ROAD WITHIN DOG RUN SUBDIVISION Mr. Pete Stith stated this date and time has been advertised for the Board to consider an ordinance to vacate a portion of Spring Lake Road within Dog Run Subdivision. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to LINDA M. BUNCH; and DENNIS R. CLARK and LINDA M. BUNCH, ("GRANTEE"), a portion of Spring Lake Road within Dog Run Subdivision containing .07 acre, MIDLOTHIAN 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 156, at Page 47. WHEREAS, LINDA M. BUNCH, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Spring Lake Road within Dog Run Subdivision containing .07 acre, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 156, Page 47, by BALZER AND ASSOCIATES, INC., dated APRIL 4, 2005, and recorded JULY 29, 2005. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of Spring Lake within dog Run Subdivision containing .07 acres, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated FEBRUARY 22, 2008, 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 Vir inia, 1950, as amended, by advertising; and, [n1HEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. 08-425 J J J 05/28/08 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 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 portion of right of way hereby vacated in the adjacent lot owners 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 LINDA M. BUNCH; and DENNIS R. CLARK and LINDA M. BUNCH, or their successors in title, as GRANTEE. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were none at this time. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 20. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. Warren, the Board adjourned at 12:33 a.m. until June 25, 2008 at 3:00 p.m. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. s J. Stegma' r Arthur S. Warren ty Administrator Chairman 08-426 05/28/08