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11-23-1983 MinutesBOARD OF SUPERVISORS MINUTES November 23, 1983 Supervisors in Attendance: Mr. J. Royall Robertson, Chairman Mr. C. L. Bookman Mr. Harry G. Daniel Mrs. Joan Girone Mr. Richard L. Hedrick County Administrator Supervisors Absent: Mr. R. Garland Dodd, Vice Chairman Staff in Attendance: Mr. Stanley Balderson, Dir. of Planning Mr. William Diggs, Real 'Estate Assessor Mr. Elmer Hodge, ASSto County Administrator Mr. Joe Horbal, Asst. Comm. of Revenue Mr. William Howell, Dir. of General Services Mrs. Mary L. Lyle, Internal Auditor Mr. Robert Masden, Diro of Human Services Mr. Richard McElfish, Env. Engineer Mr. Steve Micas, County Attorney Mrs. Pauline Mitchell, Public Info. Officer Mr. Jeffrey Muzzy, Dir. of Community Develop. Mr. Lane Ramsey, Dir. of Budget and Accounting Ms. Jean Smith, Dir. of Social Services Mr. Robert Wagenknecht, Dir. of Libraries Mr. David Welchons, Dir. of Utilities It is here noted that the work session scheduled for November 18, 1983 at 10:00 a.m. was cancelled. Mr. Robertson called the meeting to order at the Courthouse at 10:05 a.m. (EST). Mr. Robertson introduced Reverend William D. Mills, Jr., Pastor of Enon Baptist Church, who gave the invocation. 1. APPROVAL OF MINUTES On motion of Mr. Bookman, seconded by Mr. Daniel, tke Board approved the minutes of October 26, 1983, as amended. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. On motion of Mr. Daniel, seconded by Mrs. Girone, the Board approved the minutes of November 9, 1983, as submitted. Ayes: Mr. Robertson, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. Abstention: Mr. Bookman because he was not present at that meeting. 83-621 2. COUNTY ADMINISTRATOR? S COMMENTS Mr. Hedrick introduced Mrs. Elizabeth Welchons of the Woman's Club of Chester· Mrs. Welchons introduced Mrs. Dodson, Mrs. Pool and Mrs. Wood who were also present representing the Club. She presented the Board with an Historical Coloring Book of Chesterfield County which was their most recent project· She stated that it shares the cultural heritage with the children of today and the future and the proceeds will be used for educational purposes. The Board expressed appreciation for the books. ' -. Mr. Hodge introduced Mrs. Mary Lou Lyle who was recently selected to serve on the Municipal FiDance Officers Association's Certificate of Conformance Special Review Committee. He stated this Committee would review the audit reports of the various localities throughout the Country. Mrs. Lyle stated she was proud to have achieved this for the County as well as for herself. She stated that she hoped she would be beneficial to the Committee but she looked forward to the benefit that will accrue to the County because of this national recognition and because of the wealth of information that she would have access to on financial reporting. She stated her appreciation for the Board's and management's support of this endeavor. The Board congratulated Mrs. Lyle on this accomplishment. 3. RECOGNITION OF YOUTH SERVICES AWARDS Mrs. Pau].ine Mitchell introduced Mr. Lee Deal, President of the Optimist Club of James River. Mr. Deal stated he represented both the Optimist Club of James River and the Youth Services Commission who co-sponsored the Youth Services Award evening which was held at Gates Elementary School. He stated that six individuals were honored--Elizabeth Klement who attends John Tyler Community College; Latricia Ann Perlowski who attends Manchester High School; Robert Joyner who attends Matoaca High School; Almedia "Doily" Bell who attends the Chesterfield Technical Center, Patrick Williams who attends Trinity Episcopal High School and Timothy Booth who attends Lloyd C. Bird High School. He stated only two of the youth were able to be here today. He gave a brief description of the accomplishments of the recognized individuals and why they were selected. The Board congratulated the students on their selection as recipients of the Youth Services Awards. 2. COUNTY ADMINISTRATOR'S COMMENTS · Mitchell introduced Mr. William Townsend, Director of Dnal and Adult Education for Chesterfield County Schools. · Townsend stated that Dr. Kurt Koerber, a West German iaiist is the founder and owner of Hauni-Werke, Koerber Co. of Hamburg, West Germany which manufactures machinery for tobacco industry. He stated that he and former Governor John met, planned and started this student exchange program years ago. He stated the purpose of this program was to ~romote vocational and cultural relations on both sides of the Atlantic. He stated this is the only program in the world exclusively designed for vocational students. He stated four ~ears ago there were 10 students who went to West Germany and now there are 40 students, 25 from the United States to West Germany ~nd 15 coming from West Germany to the United States. He stated the program is expanding to include other companies in both ~ountries such as Philip Morris and R. J. Reynolds. He introduced Diana Schnoor, Torsten Moeller, Michael Weinrich, ~orbert Fock, Carsten Meier, Jurqen Wintzen and Sven Bunger. He ~riefly summarized the background of each student. Mr. Hedrick ~tated the Board would be having lunch with the students today chich would present an opportunity to talk with each one about ~heir experience in the United States. The Board welcomed each student to the County. 83-622 Mr. Hedrick stated Mr~ Paul Ellsworth had been appointed as the new Director of the Richmond Chamber of Commerce effective December 19, 1983. He stated he currently is employed in Albuquerque, New Me×~co. Mr. Hedrick stated that the Board has a work session scheduled at 11:00 a.m. in Room 502 to discuss the County's Proposed Legislative Program. He stated also the Board should reschedule a work session which was not held on November 18, 1983 to discuss Powhite Parkway. The Board generally agreed to set this date later in the day. Mr. Hedrick introduced Mr. Dave Young with Channel 8, who was substituting for Barbara Berlin. Mrs. Girone stated that Mrs. Pauline Mitchell has done a fine job notifying the media of the law regarding leaf burning. She stated that she felt the County was doing better because leaf burning has been eliminated on weekends but she had received a call from a resident who has a son who cannot tolerate the smoke, has been in the hospital and has accumulated an enormous bill. She stated while the County is doing better, this still is a problem affecting people's health. Mr. Daniel inquired if any action were necessary. Mrs. Girone stated that she did not feel this could be addressed today but hoped that citizens would realize when there is a lot of smoke, to wait and burn another day, not burn wet leaves, etc. 4. RESOLUTIONS 4.A. PROCLAIMING DECEMBER AS READING MONTH Dr. John Galloway, Asst. School Superintendent, commended the Board on the proposed resolution proclaiming December as Reading Month in Chesterfield. He stated that in Chesterfield each day is dedicated to reading. He introduced Mrs. Jean Copeland, Supervisor of Primary Language Arts and coordinator f6r the Reading Month activities. Mrs. Copeland stated that they are excited about the activities which are planned in all the schools She invited the Board to go to the schools to read with or to some of the children. She stated some of the highlights would be the conducting of an activity chart at each school showing the number of books read, poster contests, children dressing as characters in books, slogan contests, etc. She stated that three of the classes in the County have been invited to the General Assembly Building on December 1, 1983 which is the kick off day for Reading Month and Mrs. Charles Robb will be reading to those children and they will participate in the state-wide launch of balloons at the Capital. On motion of Mr. Bookman, seconded by Mr. Robertson, the Board adopted the following resolution: Whereas, Governor Charles S. Robb has declared December, 1983 as Reading Month in Virginia; and Whereas, Reading undergirds thinking which enhances excellence and creativity in the pursuit of academic, vocational, technological and leisure goals; and Whereas, Reading enhances intellectual and personal growth, and advances understanding and communication between individuals and the family, school, community, state, nation and world; and Whereas, Reading must be promoted by the cooperative efforts of educators, parents, representatives of business and industry, and members of community and professional organizations if its lifelong benefits are to be realized. 83-623 Now, Therefore, Be It Resolved that 'the Board of Supervisors of Chesterfield County hereby designatas the month of December, 1983, as Chesterfield Reading Month and urges all County citizens to take this opportunity to promote and participate in the enjoyment and extension of reading as an integral part of their lives. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. Mr. Robertson presented the resolution to Dr. Galloway. Galloway expressed appreciation for this recognition. Dr. 4.B. PROCLAIMING PEARL HARBOR REMEMBRANCE DAY Mr. Hedrick stated the proposed resolution proclaiming Pearl Harbor Remembrance Day had been requested by the Pearl Harbor Survivors Association, Inc. He stated the Governor of Virginia had also endorsed this designation. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board adopted the following resolution: Whereas, December 7, 1983 will mark the 42nd Anniversary of the attack on Pearl Harbor, Territory of Hawaii; and Whereas, This Anniversary is a reminder of the vigilance and preparedness which our Nation must maintain; and Whereas, We owe a great debt to those members of the Armed Forces who lost their lives in that attack, and also to those who survived and aided in carrying out their duties to the ultimate victory. Now, Therefore, Be It Resolved by the Chesterfield County Board of Supervisors that December 7, 1983 be proclaimed Pearl Harbor Remembrance Day and calls its significance to the attention of all our citizens. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 5. ENERGYSHARE PROGR3LM Mr. Hedrick introduced Mr. Jim Marilla with the Virginia Electric and Power Company who was present. Mr. Marilla stated that Mr. Bill Berry, President of Vepco, would be making a public announcement about a new fuel assistance energyshare program which is designed to help people in need pay their home energy bills. He stated the funds will come from four sources--the customers will be asked to add $1, $2 or $5 to their electric bill, the Vepco employees will be asked to participate in a payroll deduction program, large industrial and commercial customers and fuel suppliers will be asked to contribute by becoming energyshare partners, and Dominion Resources which is their parent holding company has contributed up to $50,000 in matching energy credits and up to $50,000 to assist local agencies with their administrative costs. He stated anyone living in the Vepco service area and meeting the eligibility guidelines can receive these funds. He stated they can receive up to one $600 payment which can be applied toward~ electric, gas, wood, oil, etc. or whatever their primary source of fuel is. He stated the program would be administered through the United Way of Greater Richmond and in Chesterfield, the Red Cross 83-624 will be the distributing agency. He stated this will supplement the Fuel Assistance Program now in effect in the Social Services Department. He presented the ~oard with pamphlets outlining additional details regarding the program. On motion of Mr. Robertson, seconded by Mrs. Girone, the Board adopted the following resolution: Whereas, EnergyShare is a full assistance program to help the needy pay their home energy bills in the service areas of Virginia Electric and Power Company (VEPCO) and Virginia Natural Gas (VNG); and Whereas, Funds for EnergyShare come from voluntary contributions from customers of VEPCO and VNG as well as from other industries and energy suppliers; and Whereas, These companies have devised a system whereby their customers may contribute through their monthly bills to those less fortunate; and Whereas, Funds contributed will be used to assist needy persons pay for home energy needs for electricity, gas, wood, oil, etc.; and Whereas, This program will assist many needy people in Chesterfield County this winter. Now, Therefore, Be It Resolved by the Board of Supervisors of Chesterfield County that VEPCO and VNG are hereby commended for their creative leadership and civic mindedness in helping meet this critical need in their service areas; and Be It Further Resolved, that the employees and citizens of Chesterfield County are urged to participate in this salutary program to assist the needy with their home energy requirements. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. The Board presented Mr. Marilla with the resolution. Mr. Marilla expressed appreciation to the Board for their favorable consideration of this matter. 6. PERSONNEL FOR REAL ESTATE ASSESSOR'S OFFICE Mr. Hodge stated this request for additional personnel is the result of the up-swing in the economy and development has increased. He stated two additional assessors are needed to cover the County during the annual assessment process. Mr. Daniel inquired if there were any unfilled positions which would not have the priority of this request. Mr. Hedrick stated unfilled positions are audited before they are filled but some positions are vacant because of turnover and the County is in the process of filling those. He stated some are being held because it is felt they are unnecessary for operations. Mr. Daniel inquired if it would be appropriate to use those funds for the positions which are being held, to fund these positions. Mr. Hedrick stated that when the budget was completed, a certain amount was deducted from the budget for turnover and anticipation of holding positions. He stated there may be unexpended funds at the end of the year but i% would be difficult to identify those funds at this point. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board authorized the establishment of two additional field appraiser positions which will be filled January 1, 1984 for the Real Estate Assessor's Office which cost is estimated at $25,405 and is to be expended from the General Fund Contingency. It is noted that these funds should be recovered from increased revenues from the land use program and commercial assessments. 83-625 Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. Mr. Hedrick recognized Mr. Diggs, Real Estate Assessor, who was present. 7. INDIRECT COST RECOVERY PROGRAM On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute a contract for the County's Indirect Cost Recovery Program with David M. Griffith and Associates, Ltd. for three years which fee will be $11,570 for the first year and $11,000 for the following two years which fees are payable only if recoveries are realized Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. Mr. Ramsey indicated recoveries made last year amounted to $161,242. 8. SET PUBLIC HEARING DATES 8.A. ORDINANCE RELATING TO BUSINESS LICENSE TAXES On motion of Mr. Daniel, seconded by Mr. Bookman, the Board set the date of January 11, 1983 at 10:00 a.m. for a public hearing to consider an ordinance amending Section 12-116 of the Code of Chesterfield, 1978, as amended, relating to business license taxes for commission merchants and itinerant merchants. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 8.B. ORDINANCE RELATING TO CENTRAL ABSENTEE VOTER DISTRICT On motion of Mr. Daniel, seconded by Mr. Bookman, the Board set the date of January 11, 1983 at 10:00 a.m. for a public hearing to consider an ordinance to amend Section 7.1-1 of the Code of Chesterfield, 1978, as amended, relating to establishing a central absentee voter district. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 9. APPOINTMENTS/RESIGNATIONS On motion of Mrs. Girone, seconded by Mr. Daniel, the Board accepted the resignation of Mr. Richard Blanton from the Board of Directors of the Richmond Metropolitan Authority effective immediately and that consideration of a replacement be deferred until December 14, 1983. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 10. CONSENT ITEMS '~0.A. BINGO/RAFFLE PERMITS On motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved bingo/raffle permits for the Olaker Ballet Company for calendar year 1983 and for the Richmond James River Lions Club, the Chester Civitan Club, St. Edward's Knights of Columbus Council 6456 and the Clover Hill High School Keynotes for calendar year 1984. 83-626 Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs Girone. Absent: Mr. Dodd. ' 10.B. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Chepstow Road, Newgate Road, Heathland Drive, Heathland Terrace and Chepstow Court in Salisbury, Litenfield and Heathland-A Sections, Midlothian District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Daniel, it is resolved that Chepstow Road, New¢ Road, Heathland Drive, Heathland Terrace and Chepstow Court in Salisbury, Litenfield and Heathland-A Sections, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Chepstow Road, beginning at intersection with Winterfield Road, State Route 714, and going .09 mile westerly to intersection with Newgate Road, then continues .11 mile westerly to intersection with Chepstow Court, then continues .11 mile westerly to intersection with Heathland Drive, then continues .03 mile to tie into proposed Chepstow Road, Section B of Salisbury, Heathland; Newgate Road, beginning at intersection with Chepstow Road~and going .13 mile southerly, then road turns and continues .23 mile westerly to intersection with Heathland Drive; Heathland Drive, beginning at intersection with Newgate Road and going .08 mile northerly to intersection with Chepstow Road, the continues .18 mile northerly to intersection with Heathland Terrace, then continues .10 mile northerly to a cul-de-sac; Heathland Terrace, beginning at intersection with Heathland Drive and going .12 mile southeasterly to a cul-de-sac; Chepstow Court, beginning at intersection with Chepstow Road and going .07 mile northerly to a cul-de-sac. These roads serve 72 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for all of these roads. These sections of Salisbury are recorded as follows: Litenfield Section, Plat Book 38, Page 33, March 4, ].981. Heathland-A Section, Plat Book 40, Pages 51 and 52, Jan 11, 1982. · Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs Girone Mr. Dodd. ' ' day the County Environmental Engineer, in accordance with Dns from this Board, made report in writing upon his ~tion of Smoketree Drive, Smoketree Circle and Smoketree in Smoketree, Sections H-1 and H-2, Midlothian District. Upon consideration whereof, and on motion of Mrs. Girone, ed by Mr. Daniel, it is resolved that Smoketree Drive, .ree Circle and Smoketree Terrace in Smoketree, Sections H-1 H-2, Midlothian District, be and they hereby are established public roads. And be it further resolved, that the Virginia Department of ,s and Transportation, be and it hereby is requested to into the Secondary System, Smoketree Drive, beginning at its ction with Smoketree Drive, State Route 2770, and ree Place, State Route 3101, extending northwest ,09 mile the intersection of Smoketree Circle, then continues north .11 83-627 mile to the intersection of Smoketree Terrace, then north .06 mile to the intersection with Avebury Drive, State Route 2566, and Durrington Drive, State Route 2785; Smoketree Circle, beginning at its intersection with Smoketree Drive, extending northeast .05 mile to a cul-de-sac; Smoketree Terrace, beginning at its intersection with Smoketree Drive, extending west .06 mile to a cul-de-sac. These roads serve 24 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for these roads except Smoketree Drive, whereby we guarantee a variable 60 ft. to 80 ft. right-of-way. These sections of Smoketree are recorded as follows: Section H-i, Plat Book 42, Page 12, December 8, 1982. Section H-2, Plat Book 42, Page 59, February 25, 1983. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Smoketree South Parkway, Porters Mill Road, Porters Mill Court, Lockett Ridge Road, Lockett Ridge Place, Lockett Ridge Avenue and Lockett Ridge Court in Smoketree South, Section B, Clover Hill District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Daniel, it is resolved that Smoketree South Parkway, Porters Mill Road, Porters Mill Court, Lockett Ridge Road, Lockett Ridge Place, Lockett Ridge Avenue, and Lockett Ridge Court in Smoketree South, Section B, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Smoketree South Parkway, beginning at its intersection with Lucks Lane, State Route 720, extending south .08 mile to the intersection of Lockett Ridge Avenue, then southwest .07 mile to the intersection of Porters Mill Road; Porters Mill Road, beginning at its intersection with Smoketree South Parkway, extending southeast .05 mile to the intersection of Porters Mill Court, then southeast .03 mile to intersection of Lockett Ridge Road; Porters Mill Court, beginning at its intersection with Porters Mill Road, extending southerly .11 mile to a cul-de-sac; Lockett Ridge Road, beginning at its intersection with Porters Mill Road, extending northeast .13 mile to the intersection of Lockett Ridge Place, then northwest .05 mile to the intersection of Lockett Ridge Avenue, then northwest .08 mile to a cul-de-sac; Lockett Ridge Place, beginning at its intersection with Lockett Ridge Road, extending east .05 mile to a cul-de-sac; Lockett Ridge Avenue, beginning at its intersection with Lockett Ridge Road, extending southwest .06 mile to the intersection of Lockett Ridge Court, then west .05 mile to the intersection of Smoketree South Parkway; Lockett Ridge Court, beginning at its intersection with Lockett Ridge Avenue, extending south .04 mile to a cul-de-sac. These roads serve 85 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for all of these roads except Smoketree South Parkway which has a 60 ft. right-of-way and Lockett Ridge Court which has a 40 ft. right-of-way. This section of Smoketree South is recorded as follows: Section B, Plat Book 40, Pages 8 and 9, November 4, 1981. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83-628 10.C. AUTOMATE CIRCUIT COURT CLERK'S PAYROLl. Mr. Ramsey stated that the Circuit Court Clerk had requested that his office payroll be printed through the County's automated payroll system. He stated the Board should appropriate the payroll of $175,000 in order that these funds flow through the County's accounting records. He stated this appropriation would be totally offset by revenue and there was no additional cost involved. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board increased revenues and the appropriation for the Circuit Court Clerk's Office by $175,000 for the remainder of the fiscal year in order to handle this office's payroll by the County accounting system. - Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone Absent: Mr. Dodd. ' 11. COMMUNITY DEVELOPMENT ITEMS ~i.A. ST. LEGER SQUARE PROPOSAL FOR POWHITE PARKWAY On motion of Mr. Bookman, seconded by Mr. Daniel, the Board deferred consideration of the St. Leger Square proposal for Powhite Parkway/Route 288 until DeCember 14 1983 at the request of Mr. John Smith. ' Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone Absent: Mr. Dodd. · I1.B. APPROPRIATION FOR PAVED DITCH ON WHITE BARK TERRACE On motion of Mr. Bookman, seconded by Mr. Daniel, the Board: 1. Appropriated $3,325.00 from 111-1-00880-0000 Industrial Park Reserve Account. e Authorized the payment of $3,325.00 to Kenbridge Building Systems for the installation of approximately 150 ft. of paved ditch on White Bark Terrace. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. ll.C. LAND USE/TRANSPORTATION PLANNING SERVICES Mr. Hedrick stated this request was basically to authorize the transfers and enter into contracts for the studies approved previously by the Board for the Turner Road and Enon areas. Mr. Balderson presented the proposals and stated the variation in prices is because of the land area and magnitude of the studies. Mr. Bookman inquired about the study for the Powhite/Genito area. Mr. Balderson stated staff is going through the process now and is conducting interviews for the selection of a consultant for this study. He stated a memo was sent dated November 16, 1983 outliDing the Scheduling of events to occur. He stated it was expected that the results would be brought to the Board at the December 14, 1983 meeting. On motion of Mr. Bookman, seconded Mr. Daniel, the Board: 1. Authorized the County Administrator to enter into contract with Harland Bartholomew and Associates for the Turner Road Study in an amount not to exceed $15,248. 2. Authorized the County Administrator to enter into contract with Kamstra, Dickerson and Associates, Inc. for the Enon Study Area in an amount not to exceed $22,265. Transferred $15,248 from the General Fund Contingency for the Turner Road Land Use and Transportation Study. Transferred $22,265 from the General Fund Contingency for the Enon Land Use and TranspOrtation Study. 83-629 0 Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs Girone. Absent: Mr. Dodd. ll.D. STREET LIGHT COST INSTALLATION APPROVAl. On motion of Mr. Daniel, seconded by Mr. Robertson, the Board approved the installation cost of $409 for a street light to be located at 4533 Haymarket Lane with funds to be expended from the Dale District Street Light Funds. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs Gironeo Absent: Mr. Dodd. ' ll.E. STREET LIGHT REQUESTS On motion of Mr. Daniel, seconded by Mrs. Girone, the Board deferred consideration of street light requests in Thompson Estates and at the intersection of Ken Drive and Ecoff Avenue until December 14, 1983 when the Supervisor of the District would be present. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone Absent: Mr. Dodd. ' 12. 12 .A. UTILITIES ITEMS SEWER AND WATER FINANCIAL STATUS REPORTS Mr. Welchons presented the Board with the water and sewer financial status reports. 12.B. CONDEMNATION PROCEEDINGS FOR EAST AVENUE ROAD PROJECT Mr. Daniel inquired if there had been previous condemnation actions regarding this project. Mr. Welchons stated there had. On motion of Mr. Daniel, seconded by Mrs. Girone, the Board denied the counteroffer of $25,000 and authorized the County Attorney to institute condemnation proceedings against the following property owners if the amount as set opposite their names is not accepted. And be it further resolved that the County Administrator notify said property owners by certified mail of the intention of the County to enter upon and take the property which is to be the subject of said condemnation proceedings. An emergency existing, this resolution shall be and it hereby is declared in full force and effect immediately upon passage. ~ Carlton A. and Renzal M. Palmer Deed Book 1085, Page 404, Tax Map 118-13(1)-6 $905.00 Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 12 .C. 12.C.1. CONSENT ITEMS WATER CONTRACT, QUEENSMILL, SECTION E-] On motion of Mr. Bookman, seconded by Mr. Robertson, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: W83-129CD/6(8)3295 - Queensmill, Section E-1 Developer: Queensmill Corporation Contractor: Best Backhoe and Excavating, Inc. Total Contract Cost: $98,080.70 Estimated County Cost: 36,897.70 Cash Refund 17,850.00 Refund through connections 54,747.70 Estimated Developer Cost: $43,333.00 Code:. 559-1-00556-0000 83-630 And further the Board appropriated $40,587.47 from 563 surplus to 380-1-63295-7212 which includes a 10% contingency. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 12.C.2. CONVEYANCE OF EASEMENT ALONG ROUTE 1 AND HAPPY HILL ROAD On motion of Mr. Bookman, seconded by Mr. Robertson, the Board approved and authorized the Chairman and County Administrator to execute any necessary easement agreements for Vepco along Jefferson Davis Highway and Happy Hill Road which is necessary for Vepco to relocate poles for safety improvements at the intersection. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 12.D. REPORT OF DEVELOPER WATER AND S~ER CONTRACTS Mr. Welchons presented the Board with a list of developer water and sewer contracts executed by the County Administrator. 13. REPORTS Mr. Hedrick stated the Highway Department had formally notified the County that the roads in the following subdivisions had been officially accepted into the State Secondary System effective November 15, 1983: Lost Forest, Section B Windwood Lane - Beginning at the intersection with Bent Wood Lane and running easterly 0.03 mile to tie into existing Windwood Lane, Route 2836, in Lost Forest, Section C. 0.03 mi. Forest Acres Lane - Beginning at the intersection with Bent Wood Lane and running westerly 0.03 mile to tie into proposed Forest Acres Lane in Centralia Gardens. 0.03 mi. Bent Wood Lane - Beginning at the northwestern end of existing Bent Wood Lane, Route 1908, at its intersection with Forest Acres Lane in Lost Forest, Section B and running northerly 0.03 mile to the intersection with Windwood Lane, then continuing northerly 0.03 mile to tie into existing Bent Wood Lane, Route 1908, in Lost Forest, Section D. 0.06 mi. Lost Forest Drive - Beginning at the northern end of existing Lost Forest Drive, Route 1910, in Lost Forest, Section B, and running northerly 0.01 mile to tie into existing Lost Forest Drive, Route 1910, in Lost Forest, Section C. 0.01 mi. Lost Forest, Section D Cedarbend Lane - Beginning at the intersection with Lost Forest Drive, Route 1910, and running southwesterly 0.12 mile to the intersection with Bent Wood Lane. 0.12 mi. 83-631 Bent Wood Lane - Beginning at the northern end of State maintained BentWood Lane, Route 1172, and running northerly 0.03 mile to the intersection with Bent Wood Court, then continuing northerly 0.06 mile to the intersection with Cedarbend Lane, then continuing northerly 0.06 mile to end in a cul- de-sac. Bent Wood Court - Beginning at the intersection with Bent Wood Lane and running easterly 0.04 mile to end in a cul-de-sac. ~engt~h 0.15 mi. 0.04 mi. 14. WORK SESSION ON LEGISLATIVE PROGRAM Mr. Hedrick stated originally it was planned that the work session would be held in Room 502 but if there were no objections, it would be held here in the Board Room. Mr. Micas stated that he would briefly explain the two JLARC studies which may potentially and adversely affect the County's financial resources and funding from the State. He stated he would also be reviewing the package of legislative issues which is an unabridged version of ideas from department directors and the Board may not want to sponsor all at the General Assembly. He stated on December 7, 1983 the Board will be meeting with the legislative delegation and the Board may wish to amend the list as submitted. Mr. Micas stated the JLARC study on state aid to localities made two major conclusions that will affect Chesterfield. He stated first, they identified a funding disparity from the State to localities between counties and cities. He stated there was a difference in State aid between cities and localities in that counties receive $122 more per capita than cities. He stated of that $122, $92 was determined as a disparity in additional state funding for highways in counties and the majority of the remaining difference, $30 was a disparity in educational funding. He stated the focus of the Municipal League and the cities will be to create new sources of revenue so that this disparity in education between cities and counties can then be transferred directly to cities. He stated from the County's point of view, we will ask our legislators to be conscious of any attempts to create additional or change funding formulas that will adversely affect Chesterfield. He stated in addition, they also concluded that cities were subject to greater fiscal stress than counties. He stated they determined there is a greater percentage of elderly and those in need in cities~ and JLARC concluded that this difference could justify additional and greater funding from the state. He stated that one thing that JLARC failed to point out was that the existing federal programs already dramatically favor cities in terms of funding formulas, for example, revenue sharing, HUD grants, block grants, etc. He stated the JLARC report on highways in its form last year made a number of recommendations and, if adopted by the General Assembly, would adversely affect the County's existing formula for highway funding. He stated after last year's report, JLARC went back and not only studied construction funding from state to localities but also operations and maintenance funding and will issue a report in about a month which will include amended recommendations on highway funding for construction as well as operations and maintenance. He stated that the County has reason to believe that many of those conclusions made last year will be included in the report which will be issued shortly and, if adopted, will adversely affect Chesterfield. He stated we will again request the legislators to be conscious of any changes that may be suggested to implement recommendations of the JLARC 83-632 study on highway funding. He stated these two studies will more than likely be addressed by the General Assembly in the 1984 session. He stated the JLARC studies address both reallocation of existing money and creation of new sources of money and the County should be concerned about both issues. Mr. Micas presented the Board with the proposed 1984 Legislative program. He briefly reviewed the highlights and key items on th, list. Mr. Bookman stated he had some questions regarding #2 and the apartment gross receipts tax. Mr. Micas stated that currently owners of real estate complexes provide rental housing and do not pay any business license tax and the question arose if this was equitable when all other businesses have to pay taxes. Mr. Bookman stated he is in the mobile home business, but he did not see any difference between the rental of a mobile home and ar apartment. Mr. Hedrick stated that when the legislators are presented With the list, that this item be addressed as far as equity between the two. Mr. Micas stated that 912 seeks to increase ability of localitie~ to contribute up to 25% of general revenue sharing funds, not to exceed $500,000, to be matched by the Highway Department provide~ that the total funds available from the Department should not exceed $5,000,000. He stated in the past the Highway Department has objected because they felt it might induce a run on the secondary and primary road funds. He stated that the County has put in a state-wide cap which should eliminate their objection t¢ the bill but they may find another objection. Mr. Hedrick stated that Fairfax County will be asking for a bill this year to allow for match of funding regardless of source so it would not be restricted to revenue sharing. He stated they had a bond issue for a certain amount and they may try to obtain matching funds. Mr. Daniel inquired if Chesterfield should do the same thing. Mr. Micas stated that we could change the recommendation and eliminate the requirement that it be tied to revenue sharing but in the past we have always felt it would create a red flag which would not be wise. He stated that Fairfax receives more in revenue sharing and he questioned if this were a desirable legislative tactic to eliminate that requirement. Mr. Micas stated that Item 923 regarding involuntary commitments to State hospitals unless the State funds any additional costs was very important. Mrs. Girone stated that the committees and the entire body of VACO had adopted a resolution requesting the State funding. Mr. Micas stated that they are becoming very sophisticated to where the mandates do not look like mandates and restrictions, but looks like a minor change in procedure but in reality requires additional local funding. Mrs. Girone stated the entire issue should be addressed and perhaps restated. Mr. Micas stated that 924 opposes the reduction in administrative reimbursement by the State for local social services departments from 80% to 71%. Mrs. Girone stated there should be a big emphasis on this matter. She stated the Social Services Board decided that they would like to have a separate legislatiw breakfast meeting in the near future but a date has not yet been selected. Mr. Daniel stated that the School System should consider having a formalized structure of itemizing the issues that are important to them as well. He suggested that Mr. Hedrick contact Dr. Sullins and advise him of the procedure for the legislative program and obtain their comments and input. Mr. Micas stated Mr. Masden has continuing contact with the School System. 83-633 Mr. Micas stated that #34 would provide for a statute of limitations of 90 days for contesting zoning decisions. The Board agreed that this statute of limitations should be amended to 30 days. Mrs. Girone stated that she felt several items might be categorized as priority items. She stated some are minor items that need to be addressed while others are top priority. Mr. Micas stated that he would categorize priority items which would be sent to the Board prior to it being sent to the legislative delegation and then if the Board has additional priority items, they can be added. He stated as the list stands now, this will be submitted to the legislative delegation unless the Board has changes. There were no additional changes mentioned. Mr. Micas stated that the most effective approach is for the elected officials to participate in the legislative program and represent issues. 15. EXECUTIVE SESSION - LEGAL MATTERS On motion of Mr. Bookman, seconded by Mr. Daniel, the Board went into Executive Session to consult with legal counsel on legal matters relating to the Uniform Statewide Building Code and Fralin and Waldron vs. Chesterfield County and to consider the condition, acquisition or use of real property for public purposes as permitted by Section 2.1-344 (a) (6) and (2), respectively, of the Code of Virginia, 1950, as amended. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. Reconvening: The Board recessed for lunch at the Vo-Tech Center with the Hauni Students. Reconvening; 16. REQUESTS FOR MOBILE HOMES 83SR195 In Matoaca Magisterial District, Lonnie and Betty Bolton requested renewal of a Mobile Home Permit to park a mobile home on property which they own. Tax Map 79-14 (1) Parcel 8 and better known as 9012 Shawonodasee Road (Sheet 22). Ms. Bolton was present. There was no opposition present. On motion of Mr. Robertson, seconded by Mr. Daniel, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. t The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall n.ot be placed on a permanent foundation. 83-634 Where public (County) water and/or sewer are available the, shall be used. ' 6o Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83SR191 In Dale Magisterial District, Betty Stephenson requested renewal of a Mobile Home Permit to park a mobile home on property which she owns. Tax Map 66-1 (3) Ampthill Gardens, Section 2, Lot 48 and better known as 6515 Hill Road (Sheet 22). Ms. Stephenson was present. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Robertson, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. e 0 No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. '0 So No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall Dot be placed on a permanent foundation. Where public (County) water and/or sewer are available they shall be used. ' e Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Absent: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Mr. Dodd. 83SR193 In Bermuda Magisterial District, Elsa A. Small requested renewal of a Mobile Home Permit to park a mobile home on property which belongs to E. Hicks, brother of the applicant. Tax Map 97-4 (2) Central Park, Block 12, Lots 20-23 and better known as 10125 Beaumont Avenue. 83-635 A gentleman was present representing the applicant. There was n( opposition present. On motion of Mr. Daniel, seconded by Mr. Roberts·n, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall Dot be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Roberts·n, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83SR192 In Dale Magisterial District, Paul D. Maxwell, Sr. requested renewal of a Mobile Home Permit to park a mobile home on property whiCh he owns. Tax Map 52-11 (1) Parcel 4 and better known as 4507 Cogbill Road (Sheet 15). Mr. Maxwell was present. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Roberts·n, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 0 Where public (County) water and/or sewer are available they shall be used. ' 83-636 Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83SR194 In Matoaca Magisterial District, Aubrey W. Minson, II requested renewal of a Mobile Home Permit to park a mobile home on property which belongs to Aubrey Minson, father of the applicant. Tax Map 149-13 (3) Ivey Tract, ~]ock B, Lot 10A, llA and 12 and better known as 15902 Meridian Avenue (Sheet 41). Mr. Minson was present. There was no opposition present. On motion of Mr. Robertson, seconded by Mr. Bookman, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or ].eased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. 3e The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall .not be placed on a permanent foundation. Se Where public (County) wa~er and/or sewer are available they shall be used. ' Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83SRI96 In Matoaca Magisterial District, James and Vivian Crane requested renewal of a Mobile Home Permit to park a mobile home on property which they own. Tax Map 79-14 (1) Parcel 9 and better known as 9006 Shawonodasee Road (Sheet 22). Mrs. Crane was present. There was no opposition present. On motion of Mr. Robertson, seconded by Mr. Bookman, the Board approved this request for a period of five years subject to the following standard conditions: 83-637 The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as a mob home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available the shall be used. ' Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone Absent: Mr. Dodd. ' 83S197 In Bermuda Magisterial District, William D. Sandy requested a Mobile Home Permit to park a mobile home on property which belongs to J. Alexander, employer of the applicant. Tax Map 116-2 (1) Parcel 25 and better known as 12030 Jefferson Davis Highway (Sheet 32). Mrs. Sandy was present. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Robertson, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. · No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available they shall be used. ' Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. 83-638 Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs Girone Absent: Mr. Dodd. ' ' 17. REQUESTS FOR REZONING 83S167 In Bermuda Magisterial District, JOE M. DUGGINS requested a Conditional Use Planned Development to permit a multi-family dwelling (3 units) in a Community Business (B-2) District on a 0.55 acre parcel fronting.approximately 115 feet on the east line of Perrymont Road, approximately 100 feet south of Chester Road, and better known as 8511 Perrymont Road. Tax Map 81-4 (1) Parce 18 (Sheet 23). Mr. Balderson stated the applicant had requested withdrawal of this application. On motion of Mr. Daniel, seconded by Mr. Robertson, the Board accepted the request of the applicant for withdrawal of this case. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. A~sent: Mr. Dodd. 83S160 In Bermuda Magisterial District, MARTIN E. WHITLEY requested a Conditional Use to permit a stock farm (goats and donkeys) in a Residential (R-7) District on an 8.0 acre parcel fronting approximately 280 feet on the north line of Swineford Road approximately 250 feet east of its intersection with Westwood Street. Tax Map 53-15 (1) Parcels 2 and 20 (Sheets 16 and 23). Mr. Balderson stated the applicant had requested a 60 day deferral of this request. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Robertson, the Board deferred consideration of this request until January 25, 1984. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 82S096 In Matoaca Magisterial District, ROCK PORT LAND COMPANY AND REALTY FEASIBILITY & MARKETING CORP. requested rezoning from Agricultural (A) of 3.5 acres; and Residential (R-12) of 12.8 acres to Residential Townhouse-For-Sale of 16.3 acres; plus a Conditional Use Planned Development to permit exceptions to the bulk requirements of the Zoning Ordinance on a parcel which lies approximately 280 feet off the west line of Courthouse Road, measured from a point approximately 1,900 feet south of its intersection with Hull Street Road. Tax Map 49-11 (1) Part of Parcels 14 and 16 (Sheet 14). Mr. Balderson stated the Planning Commission had recommended approval of the request subject to certain condition's and the proffered condition with deletion of references to water lines. Mr. Balderson stated the proffered conditions submitted by the applicant are noted in the staff report. He stated there is a reduction in densitY from 115 to 98 units as well as a site plan indicating that reduction. Mr. Bookman inquired if the developer is still restricted to 40 units prior to providing a second access. Mr. Balderson stated 50 units is normal. Mr. Jeff Collins stated that Condition #9 states 50 and that is acceptable. There was no opposition present. On motion of Mr. Robertson, seconded by Mr. Daniel, the Board approved this request subject to the following conditions: 83-639 e The following conditions notwithstanding, the Master Plan prepared by Charles C. Townes and Associates, revised June 8, 1983, shall be considered the plan of development. A maximum of 98 units shall be permitted. Conditions stated herein notwithstanding, all bulk requirements of the Residential Townhouse-For-Sale (R-TH) District shall be applicable. A fifty (50) foot buffer shall be maintained along the eastern and southern property lines. All existing vegetation, except underbrush, shall be maintained within this buffer. Existing vegetation shall be supplemented with additional plantings, and/or berming to provide effective year-round screening. As part of schematic plan approval, a landscaping plan depicting this requirement shall be submitted. Landscaping of these buffer areas shall be accomplished in conjunction with phasing of development. Ail public roads shall have a minimum fifty (50) foot right of way. Ail public roads shall have a pavement width not less than forty (40) feet, face of curb to face of curb. These roads shall be constructed to VDH&T specifications and taken into the State system prior to the issuance of occupancy permits. Proposed Heatherwood Lane shall be stubbed into adjacent property to ~the west. At the terminus of the road, a temporary turnaround shall be constructed to State specifications. No grading, clearing or other construction shall be permitted until such time that all approved construction easements and right of way are obtained for the Courthouse Road/Heatherwood Lane intersection. e 10. 11. No more than fifty (50) building permits shall be issued until a second public road access is provided. Should VDH&T and Planning Staff determine that Cobblestone Court will not be extended as a public road, a permanent cul-de-sac shall be constructed at the northern terminus, a~ the developer's expense, and accepted into the State system. When a second public road access is provided, the remaining fifty-five (55) building permits may be issued. Prior to obtaining occupancy for the last fifty-five (55) units, the second public road access shall be taken into the State system. 12. If desired by the property owner, the driveway to Tax Map 49-12 (1) Parcel 24 shall be relocated at the expense of the developer to provide access to Heatherwood Lane. And further the Board accepted the following proffered conditions: A water and sewer line shall be extended to the' houses on along Courthouse Road. This is to be one (1) water and one (1) sewer line, stubbed off in a location that would permit these homeowners to connect to the system at their expense. We will agree to a maximum of 6 units per acre. We will agree to a maximum of 2 facades alike on any one building. 4. We will agree to a maximum of 10 units to each building. 83-640 Ayes: Absent: We will agree to a minimum of 1,000 square feet for each unit (townhouse). We will agree to exterior material of either cedar siding, hardboard siding, brick, or a combination of the three. Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Mr. Dodd. 83S085 (Amended) In Matoaca Magisterial District, RICHARD L. JORDAN requested a Conditional Use to permit a veterinary hospital in an Agricultural (A) District on a .80 acre parcel fronting approximately 150 feet on the northeast line of Woodpecker Road, and located approximately 300 feet southeast of its intersection with Bixby Lane. Tax Map 161-11 (1) Part of Parcel 1 (Sheet 48). Mr. Balderson stated the Planning Commission had recommended denial of this case. He stated it was deferred by the Board of Supervisors in order to allow the applicant an opportunity to review the request and work with the Supervisor and area residents· He stated there has been an amended plan submitted to the Planning Department relocating the facility further to the southeast. Mr. Micas stated since the compromise is to move the location of the rezoned parcel, the Board should readvertise and hear this at the next meeting. Mr. Jeff Collins was present representing the applicant. Mrs. Elizabeth Colbert inquired if Dr. Jordan could hire an additional veterinarian to help him at this location. Mr. Micas stated he could hire someone else unless this is specifically addressed. Dr. Jordan stated he would like to leave this open as he would like someone to help on his days off and it would not be expanding the practice or facilities in anyway. Mrs. Colbert inquired if the conditions recommended would be applied to the new location. Mr. Micas stated that wa~ the intent. Mrs. Colbert inquired if the mobile unit would be allowed to park near the road for advertising. Mr. Balderson stated the site plan shows all the parking behind the lot or beside the building. Mrs. Colbert inquired if he would be allowed to operate his mobile unit when the clinic is opened or would all the work be handled in the clinic. Mr. Bookman stated he would have to do all the work in the clinic or the unit. Mrs. Colbert stated the neighbors would also like Dr. Jordan to remove the two sheds on the newly proposed site. On motion of Mr. Robertson, seconded by Mr. Bookman, the Board authorized staff to readvertise this request for January 25, 1984 because of the site location change and with the change in the amendment allowing a veterinarian to assist Dr. Jordan on his days off. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S129 In Matoaca Magisterial District, LEONARD COX requested a Condi- tional Use to permit a boarding house (9 tenants) in a 83-641 Residential (R-7) District on a 0.188 acre parcel fronting approximately 50 feet on Light Street and approximately 160 feet on Bremo Avenue, and located in the northeast quadrant of the intersection of these roads and better known as 3310 Light Street. Tax Map 182-14 (1) Parcel 64 (Sheet 53/54). Mr. Balderson stated the Planning Commission had reviewed this case and recommended denial. Mr. John Dicks was present representing the applicant. He stated there are several concerns. He stated that Bremo Avenue is not a street, but a dirt alley and due to some sewer construction work several years ago, it is not in the shape it should be. He stated the recommendation of denial primarily relates to the concern over the alley way. He stated that they propose to include parking behind the structure rather than on-street parking and stated he had presented Mr. Robertson with copies of letters from the neighboring residents who are now agreeable. He stated this is compatible with the neighborhood. He stated the reason the deferral was requested, was to allow him and Mr. Robertson to see if there were any reserve sewer funds held to fix areas such as this when not completed as required. He stated they are satisfied that there are no such funds. He stated the applicant is prepared to accept the zoning for the intended use with the stipulation that no occupants of this dwelling would be allowed to have automobiles until the road situation is resolved. He stated it would cost $2,500 to pave from Bremo Avenue to the parking area but there is also a question regarding the right-of-way access which has existed for over 20 years. He stated the applicant would like approval as originally proposed by the Planning staff with the exception that the applicant, instead of being required to pave Bremo Avenue, would agree that none of the occupants could have automobiles until such time as the applicant either was in a financial position to make arrangements to pave the road or either the road came into the State System. Mr. Bookman inquired why the utility contractor did not pave this and/or why funds were not held and requested that an answer be provided. There was no opposition present. Mr. Micas stated that if this is approved, the condition should be that the applicant will not allow any tenants to have automobiles until such time as the road .is paved or taken into the State System as it is inappropriate to tie it to the applicant's financial condition. Mr. Balderson stated the zoning ordinance does require that the applicant provide at least five parking spaces and those parking spaces be paved. Mr. Dicks stated that they would be agreeable to pave the spaces even if they would not be able to use them in order to satisfy the zoning requirements. Mr. Robertson stated that he had mixed feelings about the situation. He stated the neighbors are complimentary about the present tenant of the building, some are concerned about nine students occupying the residences, etc. He stated he was concerned with the paving as well as changing this from a 2 family unit to a building with 9 occupants. Mr. Bookman stated someone is responsible for repaying the street if they put in sewer and did not return it to the proper shape. Mr. Robertson stated this is an alley, but there is a question as to whether or not it was ever paved. He stated he had reviewed pictures 83-642 which indicate it was not paved but reputable neighbors stated it was paved. Mr. Hedrick stated that the Utilities Department feels fairly confident that the alley was put back in its original condition and maybe a little better, however, there is a difference of opinion between the Utilities Department and the neighbors. Mr. Bookman suggested a deferral to decide if the Utilities Department and the new owner could divide the paving cost since there is a debate as to what did or did not exist. After further discussion, it was on motion of Mr. Robertson, seconded by Mr. Bookman, resolved that this request be deferred until January 25, 1984. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. Mr. Dicks inquired if the street situation were resolved, would that answer all questions. Mr. Robertson stated that he would not be on the Board in January and he could not speak for the new Supervisor. Mr. Hedrick stated that if restoration is made, it would have to be funded from the Utilities Department as he did not feel there would be grounds to go back to the contractor. 83S091 (Amended) In Midlothian Magisterial District, SIGMA DEVELOPMENT, INC. re- quested rezoning from Agricultural (A) to Residential (R-7) of approximately 50.5 acres and to Office Business (O) of approximately 34.5 acres with a Conditional Use Planned Development to permit use and bulk exceptions to the requirements of the Zoning Ordinance. This property fronts approximately 2,400 feet on the west line of Chippenham Parkway and located approximately 1,100 feet north of Midlothian Turnpike. This property also fronts the east line of Chinaberry Drive and is located approximately 550 feet north of Midlothian Turnpike. Tax Maps 19-9 (1) Parcels 1, 2, 3, 4 and 8 and 19-13 (1) Parts of Parcels 4 and 5 (Sheet 9). Mr. Balderson stated that the Planning Commission had recommended approval subject to certain conditions. He stated since receipt of the staff report by the Board, the applicants have submitted requested amendments to conditions 933, 34 and 40b. A copy of the amendments were distributed to the Board. Mr. Edward Willey, Jr. was present representing Sigma Development. He stated this 85 acre tract adjoins the already approved Boulders Office Park and that the 34.5 acres which adjoins Chippenham Parkway would be an extension of the Boulders Office Park and would be developed in accordance with that zoning case. He stated the apartments would be on a 50.5 acres which would surround tw9 sides of a very attractive lake and would house 285 apartments. He stated the intensity of use would be lower than established by the zoning ordinance. He stated the differences which existed have been resolved except for the letter that has been presented. He stated that staff felt the location of the apartments was inconsistent with their thinking. He stated the Planning Commission indicated the location of apartments suggested by the applicants was appropriate. He stated the amendment to 40b can be eliminated as that can be resolved within the discretionary definition of facility for which they had substituted clubhouse. He stated the two changes which the applicant would like considered are: ~3. changing to permit 14 units per building instead of 10; and 934. to eliminate the requirement for a third access. He stated the original application may have required a third access but with the revised plan, there is no need for a third access. 83-643 Mr. Balderson stated there is a requirement in the subdivision ordinance to provide a third access after 239 units. Mr. Willey stated there would be no use of the ].and to the west of the powerline except to put the main entrance through at the point designated as second access point. Mrs. Girone inquired how this would affect the office area. Mr. Willey stated the access woul,~ be further out Chinaberry Drive in conjunction with the extension of Boulders I. He stated the idea being you do not want traffic from the office going through the apartment complex. He stated the Planning Commission, based on the traffic study that was provided to the staff by Wilbur Smith an~ Associates, designed 140 units or one-half be built until another access out to Midlothian or other streets was provided. He stated the report indicates that there would be one car more every 12 minutes if you went from 140 to 285. He stated he did not feel this was an imposition on the traffic pattern and and it was economically impossible to develop in two phases. He stated they would like a waiver to this as well. He requested the Board approve the report of the Planning Commission recommending the 285 apartments, the 220,000 square feet of offices which comes fully within all conditions with the Boulders I, that the applicant have slight dispensation of the number of units developed from 10 to 14 per building, and that the applicant be allowed to have only two accesses to the apartment project instead of three. Mrs. Girone inquired if staff would have any problem with the siz~ of the buildings. Mr. Balderson indicated, given the design, it was acceptable. Mr. Robert Henley, representing B.F.M.L. Associates, the LynMar Company, PH Corporation, M.K. Realty Corporation and ROD Corporation was present. He presented and read a letter which indicated that his clients have an interest in the property which surrounds this proposed development. He stated B.F.M.L. Associates owns Beaufont Mall, LynMar owns Chesterfield Village Apartments and ROD Corporation and MK own property to the north of the property. He stated his clients' opposition to the proposed rezoning is not to the land use concept but to the related aspects. He stated that they would request the Board to deny this request unless the following concerns are addressed through conditions: 1. Water run-off and drainage; 2. an assurance that the undeveloped parcel remain undeveloped, and 3. the traffic. He stated there are some minor objections as well but these are the most significant. He stated that he felt Sigma had approached a large scale zoning in a piecemeal fashion but that it should be considered as one development and suggested that a condition be included which would state that no building permit be issued on Boulders II until the road network is completed and additional access is developed in addition to the present Chinaberry Drive-Midlothian Intersection; that the applicant be required to fully retain storm water runoff from Boulders II; that there be a certification that the dam is presently safe and require the developer to maintain the dam in the future at his expense with a bond to be posted to insure compliance; that an open space easement be deeded over the parcel west of the power line to restrict future development; and that access to Carnation Drive should be required at the expense of the developers. He stated this rezoning presents the last 83-644 opportunity for the Board to require a connection to Carnation Drive as this is the last piece of property lying against Carnation Drive. (A copy of the entire letter is filed with the papers of this Board.) There was no one else present to discuss this matter. Mrs. Girone stated that she felt the Planning Commission's conditions were very good with the exception of the phasing. She stated she felt phasing was good and it has its place, but she did not see any advantage of phasing at this particular site. She inquired through what process does the new Chinaberry become part of this. Mr. Balderson stated the developer would have to submit a schematic plan to the Planning Commission for the road realignment in conjunction with approval for the apartments through the site plan review process. Mr. Bookman inquired if the dam is sufficient to hold the runoff or will the Corps of Engineers inspect a dam of this nature. Mr. Balderson stated they do not as a rule, but there are some questions relative to the water runoff and the use of the pond as a partial retention during construction. He stated those would be reviewed by the Environmental Engineering Department as part of the normal process and will be addressed in some detail at that point. He stated as far as the security of the dam, that is not addressed but it is the developers responsibility to see to it. Mr. Bookman stated that before all the runoff goes into the pond, will someone certify that the pond is capable of handling the runoff. Mrs. Girone stated that she understood that this is standard procedure for the Environmental Engineering Department. Mr. Hedrick stated that it was and, in addition, under certain conditions if it endangers life below the dam, the State Water Control Board also has jurisdiction and staff does check this through the respective agencies. He stated it will be accomplished during the site plan review process. On motion of Mrs. Girone, seconded by Mr. Robertson, the Board approved this request subject to he following conditions: The following conditions notwithstanding, the textual statement dated September 2, 1983 shall be considered the plan of development. The Residential (R-7) tract shall be limited to the development of a maximum of 285 multi-family units on 34.5 acres, subject to phasing in accordance with the conditions stated herein. o The Office Business (0) tract may be developed for a maxi of 220,000 square feet of office space (10% maximum for medical space). e At the time of schematic plan approval, the Planning Commission may approve a decrease in office space and an increase in medical space prOvided documentation is submitted which proves that traffic generated by the change does not exceed that generated by 220,000 square feet of office space. Office space shall be considered those uses permitted in Office Business (0) District plus the following: be coffee shops and cafeterias located in the same building or'structure housing general offices; restaurant, exclusive of fast food or drive-in, facilities contained within a separate building or structure; 83-645 Be e e 10. banking facilities, including drive-ins, when contained in separate buildings; health club, including indoor court facilities, con- tained in the same building housing general offices; e. business schools. (This condition supersedes Article XIV, O Office Business District, §21-148, (a) through (m) of the Textual Statement.) Building permits for no more than 285 multi-family units may be issued with sole access to Route 60 via Chinaberry Drive. Prior to release of any temporary or final occupancy permits, the following improvements shall be constructed and VDH&T inspection approved: Se Improvement to Route 60 and Chinaberry Drive intersection. Chinaberry Drive reconstructed to four lanes from Rou~.e 60 to its intersection with the northernmost access point into the multi-family development. Prior to schematic plan approval for any office use, the following shall be accomplished: Construction plans for improvements to Jahnke Road; the Powhite/Jahnke interchange; the Chippenham/Jahnke interchange; access between this property and Jahnke Road, and extending turn lanes at the intersection of Jahnke and Buford Roads to accommodate traffic from this development shall be approved by the County and VDH&T Staffs in accordance with the Jahnke-Chippenham Development Area Study, prepared by PRC Voorhees and any adopted County plans. be Funding for the aforementioned improvements shall be committed, as determined by County and VDH&T Staffs. The exact design of intersections described in Condition ~6 shall be approved by the Planning Commission at the time of schematic plan review and such improvements shall be so constructed as to yield no lesser level of service (inclusive of development traffic) than currently exists· Prior to release of any building permits for any office uses, a contract for cons%ruction of the road improvements specified in Condition ~6 shall be let. Prior to the release of any temporary or final occupancy permits for any office uses, the improvements specified in Condition #6 shall be constructed and VDH&T inspection approved. Other than construction traffic, there shall be no access Jahnke Road until the road improvements specified in Condition 96 are complete, as determined by County Staff. Construction traffic via Jahnke Road shall be confined to the hours of 9:30 a.m. and 3:30 p.m. Furthermore, if it becomes necessary, due to complaints from area citizens, these hours shall be modified at the request of the Staff. 83-646 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. No schematic plan approval shall be granted for any site that conflicts with proposed roads incorporated in an adopted County plan. Rights of way for connecting Chinaberry Drive to Beaufont Mall and Carnation Drive shall be dedicated to Chesterfield County, free and unrestricted, prior to the issuance of the first building permit. This requirement may be modified by the Planning Commission at the time of schematic plan approval. Ail State-maintained roads shall have a minimum thirty-six (36) feet of pavement and curb and gutter, except as noted herein. The VDH&T and/or the Planning Commission may require additional pavement. The Chinaberry Drive typical section shall be designed and constructed with forty-eight (48) feet of pavement (excluding the width of the gutter pan), curb and gutter and a divided median. The developer shall construct right-turn lanes along Chinaberry Drive at major intersections, as warranted by VDH&T, during the entrance permit process. If the vertical alignment of Chinaberry Drive does not meet VDH&T's design criteria, the developer shall install street lights according to Vepco's and VDH&T's specifications to provide adequate lighting for sight distance at night. The developer shall be responsible for installation, maintenance, and operating costs. Approval of the master plan does not imply that the County gives final approval of any particular road section. Working interpretations of any and all conditions and/or exceptions to the application shall be made by the Planning Commission at the request of the Planning Department upon submission, review and approval of schematic plans, as required by ~21-34 (1) (4)c of the Zoning Ordinance. Furthermore, the Commission may conditionally approve schematic plans to ascertain that 'they will be in confor- mance with the approved master plan and other applicable Ordinances. Except where expressly referred to herein, approval of this application does not guarantee that the developer can build or construct facilities in the future in accordance with present regulations. If County standards are more or less restrictive than those established herein, the County may require construction to adhere to the more restrictive standards. A copy of any covenants, deed restrictions and amendments related to the property owner's association shall be approved by the Planning Department and the County Attorney's Office for adherence to County Ordinances prior to recordation of such documents. No uses shall be permitted which would use any water or sewer system other than the Chesterfield County public utilities system. Approval of this request does not obligate the County to extend water or sewer lines. All extensions and necessary improvement costs shall be borne by the developer. Prior to construction, water and sewer plans shall be submitted to and approved by the Utilities Department. (U)~ Notwithstanding the exceptions to use and bulk regulations granted herein, approval of the application by the Board of Supervisors does not obligate the Planning Commission to approve a particular schematic plan which is not in conformance with the spirit, intent and purpose of this request. 83-647 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. The number and location of fire hydrants shall be determined by the Chesterfield Fire Department. The developer shall bear the cost for installation of hydrants. (FP) All utility lines shall be provided with underground distribution. All private drives (where there is no adjacent parking) shall be paved to a width of not less than 25 feet with curb and gutter. Depending upon the particular situation, this condition may be modified at the time of schematic plsn review. Ail exterior lighting shall be low level. The design of light fixtures shall be approved by the Planning Commission in conjunction with schematic plan review. The applicant and/or developer shall provide an accurate account of the drainage situation showing existing drainage and the impact individual ~racts, as they are developed, will have on that tract as well as the surrounding area. The developer shall submit plans for on- and off-site drainage control to Environmental Engineering for approval. These plans shall explain the method and facilities to be utilized in the hydraulic engineering of the project and shall be approved by Environmental Engineering prior to land clearing. Environmental Engineering may impose conditions, requirements or measures which it deems necessary to insure that proper drainage control is provided and maintained. The approved plan shall be implemented in whatever stages or phases acceptable to and necessary as determined by En- vironmental Engineering. (EE) The applicant and/or developer shall submit plans to Environmental Engineering for erosion and sediment control for individual tracts as they are developed. Such plans are to be comprised of vegetative and engineering practices to be utilized as erosion and sediment control measures for the project. Generally, such practices shall be those outlined in the Virginia Soils and Water Conservation Commission's "Erosion and Sediment Control Handbook, 2nd Edition, 1980." Additional requirements and measures may be instituted by Environmental Engineering upon review of the plans. The plans shall be approved by Environmental Engineering and implemented prior to the clearin~ of any land, cutting of any trees or other disturbance of the parcel's natural state. (EE) No structure shall exceed a height of six (6) stories. (This condition supersedes Article III, Division 4, Section 21-38 Generally (C) of the Textual Statement.) Directional signs or park directories shall not exceed 100 square feet in area. (This condition is in addition to Directional Signs/Park Directories of the Textual Statement.) Freestanding signs shall be limited to two (2) faces. (This condition is in addition %o Freestanding Identity Signs of the Textual Statement.) Building signs shall be limited to one company name and/or company logo and shall be affixed so as not to project more than eighteen (18) inches from the building structure. (This condition supersedes Building Signs 2 and 4 of the Textual Statement.) Prior to, or in conjunction with, the first schematic plan review, a plan for the preservation and maintenance of Beaufont Springs shall be submitted to the Planning Commission for approval. 83-648 33. The total number of dwelling units in any one building or such structure shall not exceed fourteen (14) and no structure shall exceed a length of 200 feet. 34. A second public road access shall be provided and constructed prior to occupancy of the 51st dwelling unit. 35. In the multi-family tract, buildings 'shall be set back a minimum of twenty-five (25) feet from all public streets, private drives and entrances. 36. 37. In the multi-family tract, all structures shall set back a minimum of fifteen (15) feet from any parking space. In the multi-family tract, sidewalks shall be provided and shown on the plan at the discretion of the Planning Department. Such sidewalks shall have a width of at least four feet. 38. In the multi-family tract, parking spaces shall be provided at a ratio of two (2) spaces per dwelling unit. A centrally located storage area for boats, trucks, campers, travel and utility trailers shall be provided, the total of which may be subtracted from the total number of required parking spaces. 39. Ail multi-family structures shall be separated by a minimum of thirty (30) feet. 40. In conjunction with the first schematic plan review in the multi-family tract, a plan showing recreational facilities shall be submitted to the Planning Commission for approval. These plans shall include at least: two (2) tennis courts which shall be provided and constructed in conjunction with the first 100 multi-family units and a community building and swimming pool which shall be provided and constructed in conjunction with more than 100 multi-family units. 41. Where multi-family units abut a public road, the buildings shall front the public road or the rear of buildings shall be screened from view of the public road. 42. A fifty (50) foot buffer shall be maintained around the perimeter of the Residential (R-7) District. At the time of schematic plan review, a plan for the treatment of these buffer areas shall be submitted to the Planning Commission for approval. Other than approved access points to Chinaberry Drive and signs permitted herein, there shall be no facilities permitted in these buffer areas. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S120 In Midlothian Magisterial District, H.M.K. CORPORATION requested rezoning from Agricultural (A) to Residential (R-15) of 8 acres; to Office Business (O) of 84.15 acres; and to Convenience Business (B-l) of 83.95 acres; plus a Conditional Use Planned Development to permit'exceptions to use and bulk requirements of the Zoning Ordinance encompassing the entire 176.1 acres. This property lies in two separate tracts. The northern tract fronts approximately 1,800 feet on the north line of Jahnke Road and approximately 4,200 feet on the west line of Chippenham Parkway, and lies northwest of the intersection of these two roads. Tax Map 11-5 (1) Parcel 10; Tax Map 11-9 (1) Parcel 2; Tax Map 11-13 83-649 (1) Parcels 15 and 16, and Tax Map 19-1 (1) Parcels 4, 5, 6, 7 and 8 (Sheets 1/4 and 9). The southern tract fronts approximately 900 feet on the south line of Jahnke Road, approximately 50 feet west of Chippenham Parkway. Tax Map 19-1 (1) Parcels 11, 12, 13, 14 and 15 (Sheet 9). Mr. Balderson stated the Planning Commission had recommended denial of this request. Mr. Clarke Plaxco with The Planning and Design Collaborative was present representing Mr. Perel and HMK in planning on this project and zoning matters. He stated HMK is an affiliate of General Services Corporation whose companies have developed/redeveloped and still own and operate over 9,000,000 square feet of rental space in Virginia and North Carolina. He stated some properties in the County include Chesterfield Vil] Apartments, Cloverleaf Lake Apartments and Beaufont Mall. He stated the applicant has been working on this project over the past 10 years and has prepared a development concept and zoning package which maximizes the opportunities of the site and minimizes the impact on Jahnke Road and Crestwood Farms. He stated they have worked with the County staff, the Planning COmmission, the Virginia Department of Highways, the Richmond Metropolitan Authority, attended Mrs. Girone's monthly meeting and met with the Crestwood Farms residents. He presented slides indicating the concept of the project by reviewing the location; the road network and rail road; the soils, slopes and drainage analysis; the buffered conditions; conceptual plan including office space, lake, natural buffers, mixed use development for office, hotel and retail uses; single family development; collector/distributor roads from the freeway system; etc. He stated there are some advantages to this in that the sum of the whole is greater than the sum of the parts as they derive mu~ support. He stated the office buildings will generate business for the hotel, the hotel and office buildings will generate business for the retail shops, etc. and this eliminates trips being made to other areas. He stated with the residential and hotel uses on site, you begin to have 24 hour activity which increases security in addition to other security systems in place. He presented slides of Columbia, Maryland with mixed use indicating how it appears and is arranged. Mr. Plaxco stated that, as requested by Crestwood Farms, they have agreed to maintain three story buildings and residential uses adjacent to Crestwood Farms and they have restricted the uses to only residential uses. He stated that the staff did fin. the project is consistent with the General Plan including the most recent development. He stated they have agreed and acc~ 28 of the 31 conditions recommended by staff. He stated they would like to modify conditions 9, 15 and 16 which require HMK give land without compensation. He stated that 915 deals with dedicating 35-40 acres and they would do so contingent only upon being able to develop the entire project. He stated 9 and 16 constitute the taking of land without compensation to benefit other developers as it improves their land values and their proposed projects. He stated that they propose an amendment to this which would require HMK to reserve the points of access but not to give them away. He stated the developer feels this would be more equitable for all concerned and is consistent with Count, policy. Mr. Plaxco stated that he would like to address the concerns of Crestwood Farms which are outlined in four categories. He state that their objection 91 was lack of buffer. He stated the applicant has proffered another condition which will provide a 250 ft. buffer of undisturbed and/or landscaped supplemented buffer adjacent to Crestwood Farms and ].00 ft. adjacent to the school. He stated he will also build an 8 ft. fence through the open space to further shield and protect Crestwood Farms. He stated he would do this buffering even though it exceeds anythin required by Chesterfield County. 83-650 He stated that objection #2 was no transitional use. He stated the developer will proffer an additional condition which will provide a 300 ft. transitional zone over and above the buffer area, restricted to residential uses only. He stated the developer had previously requested residential or office but wi~ restrict this to only residential and the heights will be to three stories for townhouse buildings. He stated other type buildings could have an additional two floors below those three in order to follow the topography. He stated the maximum dent is 12.5, the effective density within the R-15 district is only 8.3, which also complies with the request especially when you consider that any multi-family units in the project will be at least 250 ft. from Crestwood Farms which is actually about 600 700 ft. on the illustrative plan. He stated objection ~3 was commercial uses and heights. He stated that their objection to commercial uses was based on certain factors which they felt they have addressed within the buffers and the transitional zones and the traffic. He stated besides this, incorporation of commercial uses is essential to any development becoming economically feasible on the site because of the access system required in order not to overload Jahnke Road. He stated the Virginia Department of Highways has given approval in principal of the concept of accessing this directly from the Powhite Parkway. He stated without commercial uses a developer cannot afford the collector/distributor system and access to Powhite which will cost approximately $5,000,000; without this access system the developer will be limited by the General Plan amendment to 356,000 square feet of office which is obviously not economically feasible to distribute over 175 acres that leaves no alternative for tract I except residential uses and since the traffic from even residential uses would not be permitted to Jahnke Road because it would overload it according to the General Plan, the access would have to be through Crestwood Farms via Whittington Drive. He stated single family houses would not be marketable next to Powhite Parkway nor shoul~ this valuable piece of land in the County be used for such a low tax producing use. He stated, therefor.e, with the 250 ft. buffers, a 300 ft. transition zone, no access through Crestwood Farms, direct freeway access to the project, minimum impact to Jahnke Road as a result of the freeway access, a contained site which would not influence land use changes on Jahnke Road and conformance with the General Plan, commercial use as proposed is a compatible land use. He stated the heights are permitted in the zoning ordinance and are not excessive. He stated other projects were permitted to build with six stories within 100 feet of single family homes adjacent to this project. He stated HMK is restricted to no more than three stories for only residential uses and that has to be 300 feet from the single homes and anything higher than three stories has to be over 550 ft. away. He stated that twelve story buildings would not be visible from Crestwood Farms viewed from a 6 ft. height. He stated although it is intense it is a more logical and rational pattern of land use than other developments of this retail nature in the County. He stated this is the state of the art in planning, less disruptive to traffic, compatible, viable, logical, rational, an( reasonable land use. He stated this project is not'intense as far as traffic is concerned. He stated this project is not intense if you consider its location on the site next to the freeway system, the traffic that they have shown does not impact local roads, the density relative to similar projects are much lower, and the logic of the mixture of use as well as the buffering and transitional zones are compatible. 83-651 He stated they will provide 20% of the area as open space exclusive of roads which is appro×imately 30 acres including the lakes; as requested by Crestwood Farms, they did provide illustrative site plans with legends; provided a cross section whi, because of the buffering would have no impact on Crestwood Farms; and they have also proffered a condition to notify Crestwood Farms of any schematic plan review on any portion of the project so that they may contribute and respond to any plans to be reviewed by the Planning Commission. He stated they have met all the land use objections of Crestwood Farms, it is consistent and in conformance with the General Plan; they have agreed with 28 of the 31 conditions of the staff and requested only modifications to the other three in order to establish an equitable situation in the market place for HMK; they have agreed to dedicate the Powhite Parkway pursuant to being able to develop the project, the Highway Department has approved in principal the access system and the traffic issue has been addressed, and it does not impair Jahnke Road or Crestwood Farms. He stated the time is now to approve this project, as any delay will add $5,000,000 because of the schedule of Powhite. He stated that if they are not able to modify the plans for Powhite at this time to get access underneath, the bridge will cost $5,000,000 plus the $5,000,000 for the rest of the construction. He stated $10,000,000 would probably forever preclude the County from capitalizin~ on the best located and accessible site in 'the County. He r~quested Board approval of this request. Mrs. Girone inquired about the time frame for the project. Mr. Plaxco stated that it would be a 7-10 year project and would begin within four to five years, which would be about a five to 15 year build out. Mrs. Girone inquired about the donation for Powhite. Mr. Plaxco stated that once the General Plan amendment to build out the other portion of 175 acres is approved, they ~ill donate the 40 acres for Powhite. Mr. Daniel inquired if zoning approval would require that amendment. Mr. Micas stated that the General Plan amendment would still have to be considered. Mr. Bill Axselle was present representing the Crestwood Farms residents. He stated these are well-established, long-term residents who are concerned about the quality of life. He stated that he also views the concern of those who are not immediately adjacent to the parcel, but from other areas. He stated the Bon Air Historical Society, the Brighton Green Subdivision, the Bon Air Civic Association, the Crestwood P.T.A. and the residents of Southam are opposed. Approximately 100 people were present in opposition to this request. He distributed additional information, a copy of which is filed with the papers of this Board, regarding office use comparisons and hotel room comparisons. He stated that the applicant has addressed two of the four concerns, but they do not feel they are adequate. He stated that the application is basically in the same format for ~hich the Planning Commission recommended denial. He stated staff has recommended three conditions which they feel are very important but to which the developer has not agreed. He stated they have not addressed the question of the commercial use and the density that will generate unbelievable traffic. ~r. Axselle stated the applicant talks about the buffered and landscaped areas and there is no commitment that it would be ~ndisturbed. He stated that they had offices adjoining the single family neighborhood of Crestwood Farms and they have ~roffered a 300 ft. area in which it would be residential zoning, ~he problem is that the type of zoning they requested and the definition is not residential solely. He stated residential means single family or multi-family residential only. He stated that this in fact includes a number of office uses; when they say offices it includes by redefinition of the code a lot of businesses; and when they say B-1 business, it in fact includes B-2, B-3 or higher business uses. He stated this was a little 83-652 misleading. He stated the applicant basically did provide a transitional use but they feel the height requirements are inadequate and the density is too high. He stated that they felt all the commercial or retail use should be deleted and they made no change in any respect. He stated, that they are proposing 1,000,000 square feet for commercial use which is in addition to 1,470,000 square feet for offices, hotel rooms and residential units. He stated they requested office use but the developer is still seeking commercial zoning in e~cess of B-1 and the uses allowed in that district are approved only by special exceptions or conditional uses. He stated there are still major disagreements with the height restrictions; that the open s~ace provisions are inadequate as he felt most of the space would be in flood plain or along the buffer area; that the Board has in the past preserved the residential zoning in the Bon Air area and they find no justification for abandoning this practice now; that they felt it was poor land use to place residential use next to commercial; they questioned the Deed for 1,000,000 additional square feet in commercial use as what exists is adequate and inquired about its impact on those existing commercial areas~ they have doubts that there is a market for such a grand center or the ability of the developer to complete such a project. Mr. Axselle stated that he felt a very reasonable, beau%ifu]~ office park could be built at the portion of the project where they are proposing this massive commercial undertaking and this would be more compatible. He stated he did not feel any commercial use is appropriate on the HMK property and that any' office development north of Powhite should be limited in height nearest Crestwood Farms and allowing greater height near Chippenham. He stated the density is another major problem as it determines the amount of traffic that will be generated and affects all residents of the County as well as those who live there. He stated that the area has tremendous traffic problems at peak traffic hours. He stated the Powhite Extension will help to some extent but will not eliminate the problem i~ediately. He stated on July 27, 1983, the Board approved the Jahnke Chippenham Development Area Study Land Use Plan and it established in the plan that if you are to have office it should be to a density of 7,850 sq. ft. per acre and if you are going to have commercial, it should be at a density of 9,850 sq. ft. per acre. He stated this the total project is 176 acres, they w~.ll lose 35 acres to Powhite Parkway, there is 36 acres set aside for residential and 19 acres in hotels and 24 acres in residential property in the project. He stated there will be 62 acres for retail and office use and 1,470,000 for office and 1,000,000 for retail which totals 2,470,000 for both. He stated this is 39,838 sq. ft. per acre. He stated this is five times what the Board said four months ago should be done in this area. He stated even if you used the 9,880 square foot figure, it is still four times that density. He stated that there were nine projects that we compared and they took exception to two of them and we have a list of who we spoke with and stand by the data; he stated this is the most intensive hotel, retail, office use, far exceeding the density allowed at any time on any project in Chesterfield or Henrico. He stated that density is a problem because density means traffic and traffic means problems. He stated what the developer is proposing is comparable to Cloverleaf Mall, Beaufont Mall, the Hyatt House, and Brookfield plus the new hotel planned for Brookfield plus all the existing office development at Brookfield plus all the proposed office development at Harbour Point in Brandermill plus all the office use planned for Moorefield plus the Chesterfield Village Apartment complex and the Cloverleaf Lake Apartment complex on this 141 acres when the other densities are on 343 acres. He presented an exhibit indicating these square footages, relative to acreage, office use comparisons and hotel room comparisons. He stated that the people of Crestwood Farms realize how valuable this property is, but they want it developed in a fashion that 83-653 is consistent with the neighborhood, 'the Jahnke Chippenham Land Use Plan and consistent with good land use planning. He stated that has not been accomplished today. He stated the substance of the amendments has not changed the objections. Mr. Plaxco stated that it is the developers intent to the leave the buffer natural, offering to landscape out into the proposed project; the 250 ft. buffer excludes ro~ds; they would change the fence to a wall and maintain it and they will restrict the R-15 to residential uses only except for the accessory uses such as club house, swimming pool, etc. Mrs. Girone stated this is one of the concerns she had as she reviewed the application. She stated the applicant is now talking about the fence, the buffer, settling on residential and not office uses and then there is a page and a half where o~her uses such as group homes, amusement parks, etc. are discussed. Mr. Plaxco stated the intent was to list those uses allowed in R-15 District and they will eliminate all but residential and accessory uses. Mrs. Girone stated she felt this was a problem with the application as we talk about one thing and-then add in others. She stated a Conditional Use Planned Development is specific and you know exactly what is going where. Mr. Bookman inquired if time would allow them to reduce the density of the project and/or the B-1 uses to be designated. Mr. Plaxco stated that they could consider reducing but they cannot reduce the magnitude of the project as they have to build that much to pay for the access through the retail uses and it has to be done this way. He stated there was only 300 residential units total. He stated they felt this was good planning ~or everything in one area. He stated that he felt they have met most of the objections but to eliminate the retail uses is, essentially, non-negotiable. Mr. Bookman stated that this is four or five times as much as the consultant recommended for property in this area. Mr. Plaxco stated that this could, be discussed further but he did not know how much it could be reduced in order to afford the access and he did r~ot know if they could come off of this figure. He stated he did not understand, that those figures were to be the maximum development for the County. Mr. Dick Keller of Kellerco stated that the road network will serve the density very efficiently. He stated that they have looked at the County's request in conjunction with the State Highway Department's staff, from the right hand side of the railroad south to Midlothian and projected traffic to 1990, looked at morning and afternoon peak hours, considered all the proposed development of this tract plus the tracts to the south in that seven year period, have taken traffic counts on Midlothian Turnpike from Chippenham Parkway west, and they have an excellent data base. He stated that they used the ITE trip rates which the County suggested for this entire corridor. He stated there is an emerginq trend where developers are being asked to contribute to road improvements and there is a important relationship to what they can provide and the type and density of land issue. He stated a different more intense land use density is proposed here under an entirely different and far more sophisticated road network. He stated this network will cost a lot more money. He stated they have analyzed this entire corridor and he is confident that, as proposed, it minimizes the impact on the Jahnke Corridor, disperses traffic to the south and the Sigma traffic can penetrate this situation taking pressure off of Midlothian. He stated he felt this network is very efficient and 10-15% of the trips will stay on-site. 83-654 Mr. Bookman stated he did not feel the residents of Crestwood were opposed to the property being developed but this density is 4 and 5 times what has been done in this area generally or the County. He stated if time can help eliminate this, he could support a delay but if it cannot, there is no need to proceed to continue the process with this application. Mr. Plaxco stated they would be willing to meet with Crestwood Farms again but the, need enough retail space in the project in order to afford the access, otherwise there is no economically feasible land use for tract 1. He stated the density figure is based on the General Plan but the access system as shown here provides a far greater degree of access than the General Plan amendment did. He stated that zoning development density was based on a certain level of access and this is much more increased and the General Plan amendment says with increased access, increased density can be built on the site. He stated the traffic is handled with far less impact on Jahnke Road. Mrs. Girone stated that she could understand his viewpoint as a planner that this is a good plan. She stated what we are talki about is site selection. She stated that she read the entire package submitted by the applicant and there is high rise dense city development on every picture in the book. She stated the nearest application to this that she can see is Rockerfeller Center in New York City. She stated that she felt this was even more dense than Tyson's Corner. She stated the second publication Mr. Plaxco gave, Southeast Retail Real Estate News, included a paragraph which says "adapt to local needs in talking about multi-use development" and "you have to be adaptive to the local situation" and then it continues on discussing density, multi-use developments and stacking people and stacking uses in China and Thailand. She stated this is a fascinating concept for a planner but this site is just overwhelmed by this proposal as well as the community. She stated Bon Air is a small residential village which has its own commercial center, has watched the development of Route 60 with two major malls a few feet from thi~ situation, there is a hospital across.the street, a school that is involved, and this is a tremendous impact on the community. She stated she realizes the need for retail in order to compensate for the access but this commercial use is so close to the village and is just not an acceptable use. She stated that all know this land will develop but this application represents an overdevelopment of the land and it places in peril the health safety and welfare of not only the citizens who reside there but the citizens who travel on Jahnke and Chippenham and Route 60. She stated she felt this had the potential of destroying their accessibility to their homes, the hospital, and to the schools. Mr. Plaxco stated they have tried to buffer the transitional zones and the very detailed traffic analysis shows that this is not the degree of impact of this project. He stated they are proposing stacked uses. He stated they have adapted to local conditions, there are no 40 story buildings but have gone to a 1~ story building, there is a $5,000,000 access system for this property, they have adapted to the site location and this is the right place for this project. He stated they would be willing to accept a 30 day deferral in order to meet again with Crestwood Farms residents. Mr. Daniel inquired if the Board was just as disturbed with both sides of the development as everything was discussed was on the Crestwood Side. Mrs. Girone stated she was disturbed with the entire project. Mrs. Girone moved denial of this request as it represents overdevelopment of the land and it places in peril the health, safety and welfare of not only the citizens living in the community now but the people who travel on Jahnke, Chippenham and Route 60 and it has potential for destroying the residents' 83-655 accessibility to the hospital, the school, to the homes and thc established businesses. Mr. Bookman stated because he felt the application is so far apart from what can realistically be done and be feasible, he seconded the motion. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. It was generally agreed the Board would recess for five minutes. Reconvening: 83S122 (Amended) In Matoaca Magisterial District, CELESTINE D. HICKS AND WALTER L. CROSS requested a Conditional Use Planned Development to permit exceptions to the use (rest home) and bulk requirements of the Zoning Ordinance in a Residential (R-7) District on a 0.63 acre parcel fronting approximately 135 feet on the north line of Tott' Street, approximately 400 feet west of Chesterfield Avenue, and better known as 3500 Totty Street. Tax Map 182-13 (4) Orange Hill, Block D, Lot 5 (Sheet 53/54). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mrs. Hicks was present representing the application. There was no opposition present. On motion of Mr. Robertson, seconded by Mr. Bookman, the Board approved this request subject to the follow conditions: The Conditional Use Planned Development shall be granted fo the purpose of operating a rest home for a maximum of ten (10) persons. e The following conditions notwithstanding, the plan prepared by Charles C. Townes and Associates, dated September 1, 1983, shall be considered the plan of development. e The driveway and parking area shall be surfaced with six (6 inches of ~21 or #2lA stone. The driveway and parking area shall be defined by durable material (i.e., timber curbing or other similar treatment). Other than normal maintenance, there shall be no exterior alterations or additions to the existing structure to accommodate this use. In conjunction with the granting of this request, schematic plan approval shall be granted. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel Mrs. Girone. Absent: Mr. Dodd. 83S141 In Midlothian Magisterial District, FI-TECH, INC. RETIREMENT TRUST requested rezoning from Residential (R-7) to Office Business (O) of 5.3 acres and from Residential (R-7) and Convenience Business' (B-l) to Community Business (B-2) of 12.9 acres plus a Conditional Use Planned Development encompassing thc entire 18.2 acre tract to permit exceptions to the use and bulk requirements of the Zoning Ordinance. This parcel fronts approximately 1,000 feet on the south line of Midlothian Turnpike approximately 700 feet west of Coalfield Road. Tax Map 15-11 (1) Parcels 5 and 6 (Sheet 7). 83-656 Mr. Balderson stated the Planning Commission had recommended approval of this request subject to the imposition of certain conditions. Mr. Jim Hayes was present representing the applicant. He stated that they have worked closely with homeowners, the members of the Church, the staff, Dr. Moszer and Mrs. Girone. He stated that they have come to an agreement with the conditions according to the addendum to the conditions. Mrs. Girone stated that we want to develop the corridor study for signs for Route 60 and we want to affirm that signs here conform to that study. She added that the applicant will be allowed two major signs to identify the project and one sign per property that fronts on Route 60 which should be within 10 ft. of the right of way. She stated that she felt condition 4.c. should be eliminated. She stated the problem is that the plan for Route 60 is coming along in January and they do not want to commit to something outside of that but this project has been going along and we do want to commit to the five signs just identified. Mr. Hayes stated that condition 4.c. refers to building mounted signs. Mrs. Girone stated that she did not want to address that as that will be deferred until later to work on the entire sign package. She stated the signs approved today will be allowed even if the sign study recommends against such signs. The applicant inquired if the corridor plan allows for building mounted signs, can they have them. Mrs. Girone stated yes, but she did not want to go any further today and wanted to defer the remainder until the entire package is ratified for Route 60. The applicant inquired if the sign package was deferred until June, what would happen. Mrs. Girone stated that if the developer were ready prior to the sign package being adopted, the staff has the ability to approve whatever is necessary. Mr. Hayes inquired about other signs. Mr. Balderson stated all other signs would be governed by the standards established for the sign package for Route 60. The applicant inquired if any thoughts had been given to building mounted signs. Mrs. Girone stated that staff has written a proposal but the Board has not yet met on it and the Board hopes to address it in January. Mr. Hayes stated they are in agreement with the conditions. Mr. Balderson stated for clarification that condition 16 does not have any binding effect on the Highway Department as the County cannot obligate them to anything. Mr. Hayes stated it binds the applicant to do the engineering analysis of the drainage situation, confront the Highway Department with that and work with them in light of the fact that they must cross that road in the same location as drainage to bring in sewer and it would be mutually beneficial. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the Master Plan, prepared by J.K. Timmons and Associates, dated July 14, 1983, and textual statement shall be considered the plan of development. A twenty-five (25) foot buffer shall be maintained along the southern property line. If a day care center is developed within the Office Business (O) tract, a fifty (50) foot buffer shall be maintained between the playground and the southern property line. Buildings shall be oriented to provide buffering between proposed parking areas and existing single family residential development. Should the applicants desire to place a fence in these buffer areas, the fence shall be located on the northern edge of the buffer. The buffer shall consist of existing vegetation supplemented with additional plantings, where necessary, to effect a proper screen. These buffers shall be installed in conjunction with the phasing of development and as determined by the Planning Commission through schematic plan 83-657 Se review and approval. A landscaping plan depicting these requirements shall be submitted to the Planning Commission for approval in conjunction with schematic plan review. (This condition supersedes General Conditions, VI of the Textual Statement.) The architectural style and quality of buildings shall be similar to that exemplified in Sycamore Square and Midlothian Station. Renderings shall be submitted to the Planning Commission for approval in conjunction with schematic plan review. (This condition supersedes General Conditions, V of the Textual Statement.) SIGNS be Ce Two freestanding signs, visible from Route 60, not to exceed 100 square feet in area, shall be permitted identifying this development and the tenants therein. Individual buildings shall be permitted one freestanding sign each, not to exceed 5 feet in height and an area not to exceed 10 square feet. These signs will be located a minimum of 10 feet from right of way lines for continuity. These signs shall be similar to each other in size, shape, and material, and a rendering shall be submitted to the Planning Staff for approval in conjunction with site plan approval. Signs may be illuminated, but may be luminous only if the sign field is opaque with translucent letters. do Directional signs (entrance/exit, etc.) shall be governed by Zoning Ordinance requirements. eo Prior to erection of any signs, a comprehensive sign package to include colors, materials and typical designs shall be submitted to the Planning Staff for approval. Signs shall blend with the architectural style of the development in conjunction with the proposed plan for the route 60 corridor. (This condition supersedes General Conditions VII of the Textual Statement.) The following exception shall be granted to the parking requirements for day care centers: Parking skall be provided at a ratio of 1 space for each 20 children enrolled, up to a maximum of 6 spaces, plus 1 for each employee. The parking area and driveways shall be designed to provide an area for embarkation and disembarkation. This area shall be connected to the main building by a sidewalk and designed to preclude children crossing any driveway or parking area. The driveways, entrances and exits shall be designed to provide a traffic flow which precludes backing onto a right of way and/or vehicles stacking up and/or overflowing onto a right of way (This condition supersedes General Conditions VIII of the Textual Statement.) 83-658 e e 10. 11. 12. 13. Parking areas shall have at leas% five (5) square feet of interior landscaping per parking space. Each landscaped area shall contain a minimum of fifty (50) square feet and shall be at least five (5) feet wide. At least one tree having a clear trunk of at least five (5) feet shall be provided for each 200 square feet of interior landscaped area. The remaining area shall be landscaped with shrubs or ground cover not to exceed three (3) feet in height. Such landscaped areas shall be located so as to divide and break up the expanse of paving. The area designated as required setbacks or buffers shall not be calculated as required landscaped area. A landscaping plan depicting this requirement shall be submitted to the Planning Staff for approval in conjunction with site plan review. A landscaping plan for the required fifty (50) foot setback area along the Midlothian Turnpike frontage shall be submitted to the Planning Staff for approval in conjunction with site plan review. This plan shall include ornamental trees, shrubs and evergreens of sufficient density, height and combination types, so as to minimize the visibility of driveway and parking areas from Route 60. Except where entrance driveways cross the 50 foot setback area, existing trees of 6 inches in caliper or greater shall be maintained and not be disturbed. All exterior lighting shall be concealed source lighting and not exceed a height of thirty (30) feet. and positioned so as not to project liqht into adjacent properties. Only lighting as required for security purposes will be allowed after midnight. In conjunction with site plan review, lighting plan shall be submitted to the Planning Staff for approval. Ail sidewalks shall be constructed of a combination of brick, cobblestone, or exposed aggregate concrete. Samples of materials and a sidewalk plan shall be submitted to the Planning Staff for approval in conjunction with site review. Prior to release of a building permit, sixty (60) feet of right of way, measured from the centerline of the Rouble 60 eastbound lane, for the ent~.re length of the property, shall be dedicated to and for the County of Chesterfield, free and unrestricted. Additional pavement, a minimum of twenty-six (26) feet from the centerline of the Route 60 eastbound lane, and curb and gutter shall be constructed along Route 60. In conjunction with the first schematic plan review, a Master Plan shall be submitted which shows the ultimate pavement wideninq and the phasing of these improvements. The phasing shall be done so as to preclude having any gaps in pavement widening along the entire frontage of the property. This plan shall be approved by VDH&T and the Planning Department prior to the release of a building permit. The proposed internal public road shall either have: (a) a sixty (60) foot right of way or (b) a fifty (50) foot right of way with a ten (10) foot utility easement adjacent to one side of the right of way for its entire length. Dedication of this road may occur in phases and in conjunction with phasing of the development. The public road and the westernmost access drive shall be constructed with a divided median and one lane of pavement, 24 feet face of curb to face of curb, on each side of the median for a distance of fifty (50) feet south of the intersection with Route 60. Access to either the public road or the westernmost driveway shall be prohibited within 150 feet of Route 60. Pavement width of the public road may then transition to a width of forty (40) feet, face of curb to face of curb, and the private drive may transition to a . width of twenty-four (24) feet, face of curb to face of curb. 83-659 14. Approval of the Master Plan shall be deemed schematic approval for the proposed internal public road. 15. Concrete curb and/or curb and gutter shall be installed around the perimeter of parking areas, driveways and roads. 16. Prior to any clearing and/or grading, the drainage culvert under Coalfield Road shall be analyzed to determine if improvements are necessary. Cost and installation of any necessary improvements shall be a cooperative effort betwee] the developer and VDH&T. 17. There shall be no day care center permitted in the O Tract. (Note: There can be no access from this development to the adjacent property to the east until such time as Conditional Use Planned Development approval is granted to allow com- mercial access through residentially zoned property.) Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S154 In Midlothian Magisterial District, BROAD ROCK LAND CORPORATION requested rezoning from Agricultural (A) to Residential (R-9) of a 66 acre parcel lying approximately 740 feet off the south line of Smoketree Drive, measured from a point approximately 2,400 feet west of Courthouse Road. Tax Map 27-9 (1) Part of Parcel 1 and Tax Map 27-13 (1) Parcels 1, 2 and 3 (Sheets 7 and 8). Mr. Balderson stated the Planning Commission had recommended approval of this request. Mr. Delmonte Lewis was present representing the applicant. There was no opposition to the request. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved this request. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S155 In Clover Hill Magisterial District, GEORGE B. SOWERS, JR. & ASSOCIATES requested rezoning from Agricultural (A) to Residential (R-9) of a 10.39 acre parcel fronting approximately 420 feet on the north line of Reams Road approximately 200 feet east of Reykin Drive. Tax Map 27-6 (1) Parcels 12 and 13 (Sheet 8). Mr. Balderson stated the Planning Commission had recommended denial of the request for R-9 but approved R-12. He stated the applicant has proffered conditions for the R-9 request which he distributed. Mr. George Sowers was present. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Robertson, the Board approved this request for R-9 and accepted the following proffered conditions: Ail dwelling units shall be a minimum square footage of 1100 square feet livable space. 2. Ail foundations shall be brick. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83-660 83S157 In Clover Hill Magisterial District, J.j. JEWETT requested rezoning from Agricultural (A) to Residential (R-40) of a 76.4 acre parcel fronting approximately 50 feet on the south line of Genito Road approximately 2,000 feet east of Otterdale Road. Tax Map 46-10 (1) Part of Parcel 2 (Sheet ].2). Mr. Balderson stated the Planning Commission had reco~nended approval of this request. Mr. Oliver Rudy was present representing the applicant. He stated the applicant is subdividing 78 acres into seven lots. He stated he would prefer it remain agricultural but the subdivision ordinance requires before you can get approval of a subdivision it has to be zoned residential. Mr. Jewett stated that the lots will all have the necessary road frontage, they will have horses, etc. but because of the ordinance they have to be R-40. He stated he can come back later and rezone each parcel individually which will cost about $3,500. He stated he felt it was wrong for 5+ acre parcels to be zoned R-40. After considerable discussion of various alternatives, the applicant amended his request to cover the portion of the parcels not in flood plain as indicated by the flood plain line on the papers filed with this Board. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved this request for rezoning to R-40 from Genito Roa~ to the 100 year flood plain line with the remaining portion remaining agricultural. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S161 In Matoaca Magisterial District, JAMES T. BUSH CONSTRUCTION CO., INC. requested a Conditional Use to permit a landfill in an Agricultural (A) District on a 10.0 acre parcel fronting approximately 950 feet on the south line of Bailey Bridge Road approximately 1,300 feet southwest of Quailwood Road. Tax Map 76-7 (1) Parcel 4 (Sheet 20). Mr. Balderson stated the Planning Commission had recommended approval subject to certain conditions. Mr. Bush was present. Mr Leroy McLaughlin inquired how long this use would be permitted and were there any harmful gases escaping from the landfill area. Mr. Balderson stated this application was for a three year period of time and no harmful gas escapes from this type of material which is stumps, trees, e~c. not garbage. Mr. McLaughlin stated he has not had any problem in the past. Mr. Bush stated that sometimes there is an activity at the Church and they would not interfere with that. Mr. Balderson stated these extenuating circumstances did not need to be written in. On motion of Mr. Robertson, seconded by Mr. Daniel, the Board approved this request subject to the following conditions: 1. This Conditional Use shall be granted to and for James T. Bush Construction Co., Inc., exclusively, and shall not be transferable nor run with the land. 2. No dumping shall be permitted closer than 100 feet from the south, east and west property lines. This 100 foot area shall be considered a buffer zone and shall not be cleared or regraded. ~ 83-661 J Only one access shall be permitted to the parcel in question. The entrance shall be secured with a fence to prohibit indiscriminate dumping of materials. The applicant shall be responsible for the removal of any materials dumped along either the access road or that portion of the parcel not approved for the landfill operation. e The existing berm, located along Bailey Bridge Road, shall be maintained. The height of the berm shall be increased at the northwest and northeast corner to preclude visibility from the entrance of the church and from Bailey Bridge Road. This shall be accomplished within thirty (30) days of the final action of this request by the Board of Supervisors. The berm shall be no steeper than 2:1 and shall be planted and maintained with ground cover. This Conditional Use shall be granted for a period not to exceed three (3) years from date of approval and may be renewed upon satisfactory reapplication and demonstration that this operation has not proved a detriment to adjacent and area properties. Operations shall be limited to between the hours of 8:00 a.m. to 6:00 p.m., Monday through Saturday. No Sunday operation shall be permitted. Ail junk material, other than dirt, stone, rock, stumps, building material, and land-clearing material shall be removed from the property. Fill material shall be restricted to stone, soil, rocks, stumps, building material or other natural inert material. No household garbage or waste shall be dumped on the site. e At the end of each week all materials shall be leveled and covered with a layer of earth not less than six (6) inches in depth. 10. Upon completion of this operation, a plat showing the location of the fill area and the types of material buried shall be submitted to the Planning Department. 11. Ail conditions noted herein shall be affixed to a plat of the subject property and, upon approval by the Planning Department, shall be recorded in the Circuit Court Room with the property reference. 12. Construction of any facilities over the fill area shall not be permitted unless soil engineering studies approve the suitability of such construction. 13. During the hours of operation, a supervisor shall be located on the site for the purpose of monitoring and directing the fill activity or the site shall be secured to preclude indiscriminate dumping by the general public. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S163 In Bermuda Magisterial District, REDFORD BRICK COMPANY, INC. requested a Conditional Use to permit material extraction (clay) in an Agricultural (A) District on a 32.2 acre parcel fronting approximately 1,588 feet on the north line of Allied Chemical Road, also fronting approximately 134 feet on Bermuda Hundred Road, and located in the northwest quadrant of the intersection of these roads. Tax Map 136-3 (1) Parcel 2 (Sheet 43/44). 83-662 Mr. Balderson stated the Planning Commission had recommended approval subject to certain cond~tigns. Mr. Hayes was present representing the applicant. There was no opposition present. Mr. Daniel stated Mr. Dodd had mentioned this case to him and was concerned about bufferinq. Mr. Balderson stated it was based on his plan of operation which indicates the buffer. Mr. Hayes read a statement which addressed the buffering in their application. Mr. Daniel stated that he would prefer to have a condition listed in the zoning and inquired if that would be acceptable. Mr. Hayes stated it would. On motion of Mr. Daniel, seconded by Mr. Robertson, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the plan titled: "Reclamation Plan for Redford Brick," dated 9/6/83, prepared by J.K. Timmons and Associates, shall be considered the plan for excavation. Initial excavation shall be confined to an area 50 feet north of Allied Chemical Road. Other than an access road, there shall be no clearing or grading within the 50 foot area until the final phases of excavation. In conjunction with drainage and erosion control plan approval, a phasing plan depicting this requirement shall be submitted for approval. e e Prior to any further land disturbing activity, an erosion control/drainage plan shall be submitted to Environmental Engineering for approval. As per §21-65 (h) of the Zoning Ordinance, a bond with approved surety, in such amount as Environmental Engineering and the Planning Department may determine, shall be submitted prior to further excavation. Prior to any further excavation, a reclamation plan, to include the method of stabilization of denuded areas, shall be submitted to Environmental Engineering for approval. A 100 ft. buffer shall be maintained in its natural state along all property lines. With the exception of the access drive, there shall be no clearing or grading permitted within the buffer area. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S165 In Matoaca Magisterial District, MAGNOLIA INVESTMENT ASSOCIATES requested an amendment to a Conditional Use Planned Development (Case 79S079) to permit retail use on a site previously restricted for office use on a 0.65 acre parcel fronting approximately 100 feet on the east line of Beach Road approximately 230 feet south of Iron Bridge Road. Tax Map 95-12 (1) Part of Parcel 4 (Sheet 31). Mr. Balderson stated the Planning Commission had recommended denial of this request. Mr. John Henson was present representing the applicant. There was no opposition present. Mr. Daniel inquired what was planned for the building as far as retail. Mr. Henson stated initially there was a lease for a hair stylist and a delicatessen/restaurant but because of the delay the have lost the lease to the hair stylist and have leased it to a lawyer for an office. He stated there would only be retail on the bottom floor. Mr. Daniel asked for reassurance that there would be no outside advertising above and beyond that permitted in the existing zoning. Mr. Henson stated that was correct. 83-663 On motion of Mr. Robertson, seconded by Mr. Daniel, the Board approved this request subject to the following conditions: Ail previously imposed conditions for Conditional Use 9S079 shall be applicable. The uses permitted shall be those of the Convenience Business (B-l) District. There shall be no outside advertising except as permitted in the original zoning. Ayes: Mr. Robertson, Mr. Bookman, Mr. Danie~ and Mrs. Girone. Absent: Mr. Dodd. 83S166 In Dale Magisterial District, GTE SPRINT COMMUNICATIONS CORP. re- quested a Conditional Use Planned Development to permit a communications facility and 279 foot tower in an Agricultural (A) District on a 2.63 acre parcel fronting approximately 400 feet on the west line of Goodes Bridge Road, also fronting approximately 170 fee% on the east line of Turner Road approximately 650 feet north of Walmsley Boulevard. Tax Map 40-2 (1) Parcel 91 (Sheet 15). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Oliver Rudy was present representing the applicant and stated the conditions were acceptable. There was no oppos£tion present. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the site plan prepared by Melvin L. Corso, dated 9/28/83, shall be considered the master plan. In conjunction with the granting of this request, a 179 foot exception to the 100 foot height restriction for towers shall be approved. Prior to release of a building permit, the applicants shall submit documentation of FAA approval for the tower. Forty-five (45) feet of right of way, measured from the centerline of Turner Road, and thirty (30) feet of right of way, measured from the centerline of Goodes Bridge Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted, prior to the issuance of a building permit. Se Additional pavement and curb and gutter shall be constructed along Goodes Bridge Road, as deemed necessary by VDH&T and the Planning Department, at the time of site plan review. This construction shall be completed and taken into the State system prior to the issuance of an occupancy permit. The existing drainage easement shall be dedicated through the property and the concrete ditch extended, as deemed necessary by VDH&T, prior to site plan approval. All structures shall be located a minimum of five (5) feet from the edge of the drainage easement. (VDH&T) Parking shall be provided at a ratio of one (1) space per employee. 7. Only one driveway shall be provided to Goodes Bridge Road. 83-664 The above conditions notwithstanding, all bulk requirements of the Convenience Business (B-l) District shall be applicable· 10. In conjunction with the granting cf this request, the Commission shall grant schematic plan approval. A twenty-five (25) foot natural buffer shall be maintained along the northern property line adjacent to Agricultural (A) zoning. There shall be no clearing or grading within this buffer. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S169 In Midlothian Magisterial District, STAN BRITT ASSOCIATES, INC. requested a Conditional Use Planned Development to permit automotive repair and a tire business in a Community Business (B-2) District on a 1.5 acre parcel fronting approximately 137 feet on the north line of Midlothian Turnpike approximately 800 feet west of Tuxford Road. Tax Map 18-13 (1) Part of Parcel 1 (Sheet 8). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. There was no opposition present. Mr. Britt was present and stated the conditions were acceptable. On motion of Mrs. Girone, seconded by Mr. Robertson, the Board approved this request subject to the following conditions: The following conditions notwithstandinq, the plan submi with the application shall be considered the Master Plan. This Conditional Use shall be for the purpose of operating an automotive repair business and tire sales and service business. There shall be no automobile body repair, tire recapping or vulcanizing permitted. Additional pavement, 26 feet from the centerline of the westbound lane of Route 60, and curb and gutter shall be constructed along Route 60. This construction shall be in accordance with VDH&T specifications and shall be completed prior to the issuance of an occupancy permit. m Other than vehicles awaiting repair, there shall be no outside storage nor shall any merchandise for sale be displayed outside. Ail exterior lighting shall be low level not to exceed a height of 20 feet and shall be positioned so as not to project light into adjacent properties or Route 60. A single freestanding sign shall be permitted identifying these uses. This sign shall not exceed an aggregate area o~ 100 square feet. The sign may be illuminated, but may be luminous only if the sign field is opaque with translucent letters. The sign shall blend with the architectural style and colors of the structures. ® The proposed structures shall employ subdued colors. Colored renderings shall be submitted to the Planning Commission for approval in conjunction with schematic plan review. 83-665 Within the fifty (50) foot setback along Midlothian Turnpike, ornamental trees and shrubs shall be planted. landscaping plan depicting this requirement shall be submitted to the Planning Commission for approval in conjunction with schematic plan review. A Curb and gutter shall be installed around the perimeter of driveways and parking area. (EE) 10. These uses shall be screened from the adjacent property to the east which is occupied by a mobile home park. Scr~ shall consist of topographical conditions and/or solid board fencing. In conjunction with schematic plan submission, a screening plan shall be submitted to the Planning Commiss' for approval. 1I. 12. 13. In conjunction with schematic plan review, a lighting plan shall be submitted to the Planning Commission for approval. There shall be no external public address system. There shall be no temporary signs permitted on the site. 14. The hours of operation shall be limited to between 8:00 a.m. and 9:30 p.m., Monday through Saturday. There shall be no Sunday operations. 15. Ail trash and trash containment facilities shall be properly screened and maintained. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S170 In Midlothian Magisterial District, MORRIS INDUSTRIES, INC. requested a Conditional Use Planned Development to permit a structural steel business and exceptions to the bulk requirements relative to paving and right of way widths in a General Business (B-3) District on a 2.0 acre parcel fronting approximately 50 feet on the east line of Grove Road approximately 1,550 feet south of Midlothian Turnpike. Tax Map 16-16 (2) Sunny Dell Acres, Part of Lots 19, 20, 21 and 22 (Sheet 7). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Robert Leipertz was present representing the applicant. He stated that they are in agreement with all the conditions except that relative to the roadway itself. He stated that Grove Road is currently a dead end road that is running north/south from Route 60. He stated they did not see any viable directions it might take in extending, the road that they are proposing is als( a dead end and abuts the Moody tract to the east which makes it impractical for extension. He stated there is currently not sewer at the site and if it did enter the site, it would have to come through Stonehenge and that does not not look practical but water is available if the residents can be brought .together in unison. He stated that this might be a four or five user development. He requested that a 50 ft. right of way, 10 ft. wide utility easement, the location of which would be establishe~ by working with the Utility Department, and a 20 ft. wide pavement along with the statement that the street would be built with Virginia Department of Highways standards and taken into the State System. There was no opposition present. Mrs. Girone stated that this is in a category of 231 to 400 vehicles per day which does not require curb and gutter and minimum pavement width of 20 ft., 10 ft. utility easement and a 50 ft. right of way. 83-666 On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the site plan prepared by J.K. Timmons and Associates, Inc., dated July 20, 1983, shall be considered the plan of development. The proposed gravel storage area shall be surfaced with a minimum of 8 inches of No. 21 or 2lA stone placed over a compacted subgrade. Concrete curb and gutter shall be installed along the perimeter of paved driveways and parking areas. (EE) Stormwater retention shall be required for Grove Court and the request site. (EE) In conjunction with the granting of this request, the Plan- ning Commission shall grant schematic plan approval. A twenty-five (25) foot buffer shall be maintained along the northern property line. This buffer shall consist of existing vegetation with no clearing or grading permitted. The existing earth berm, which is located to the south of the twenty-five (25) foot buffer, shall be maintained. This berm shall have a height of six (6) feet and a minimum width of twenty-five (25) feet at the base. The berm shall be reshaped to a maximum slope of 2:1. This berm shall be seeded with ground cover to prevent erosion. White pines, having an initial height of eight (8) feet and placed six (6) feet on center, shall be planted at the top of the berm. A plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with site plan review. A chain link fence shall be installed parallel to the northern property line either within the twenty-five (25) foot buffer or to the south of the berm. e Grove Court shall be constructed with twenty (20) feet of pavement within a fifty (50) foot right of way. A ten (10) foot utility easement shall be dedicated to and for Chesterfield County, free and unrestricted, adjacent to the road right of way. Grove Court shall be constructed to State Standards. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S172 In Matoaca Magisterial District, RALPH FRIER requested a Conditional Use to permit an indoor recreational facility (game room) in a Community Business (B-2) District on a parcel which lies approximately 550 feet off the south line of Hull Street Road, measured from a point approximately 1,100 feet west of its intersection with Courthouse Road, and better known as Building 1 of Rockwood Square Shopping Center. Tax Map 49-7 (1) Part of Parcel 18 (Sheet 14). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. There was no opposition present. Mr. Frier was present representing the application. On motion of Mr. Robertson, seconded by Mr. Daniel, the Board approved this request subject to the following conditions: This Conditional Use shall be granted to and for Ralph Frier and his immediate family only and shall not be transferable nor run with the land. 83-667 This use shall be limited to a total of 2,000 square feet. The facility shall be supervised by an adult during all hours of operation. The previous conditions notwithstanding, all bulk requirements of the Community Business (B-2) District shall be applicable. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. 83S173 In Midlothian Magisterial District, CLARENCE W. COOK requested a Conditional Use Planned Dev~].opment to permit an office and bulk exceptions in a Residential (R-15) District on a 1.0 acre parcel fronting approximately 259 feet on Coalfield Road, also fronting approximately 114 feet on N. Carriage Lane, and located in the northwest quadrant of the intersection of these roads. Tax Map 15-16 (2) Carriage Hill, Block C, Lot 1 (Sheet 7). Mr. Balderson stated the Planning Commission had recommended denial of this request. Mr. Cook was present and stated that he had lived in this location for 20 years, a shopping center was built and it became noisy so they put the house up for sale. He stated it did not sell and they have not been able to rent it either. He stated that they would like to rent it as an office building for an insurance man. He stated it would be a quiet business and would not change the outside appearance. Mrs. Girone stated that if the gentleman wanted to live in the house and use a room for the insurance business, he could do that under the zoning ordinance. She stated that when the shopping center was zoned, there was a substantial buffer and a public statement was made that the County would not allow further business use down Coalfield Road. She stated that this faces an R-15 subdivision and it is a part of a residential area. She stated that the Planning staff and Planning Commission recommended against it and it does not meet the standards that we have set for this neighborhood. She stated the Board had a commitment to the residential character of the neighborhood and the zoning. Mr. Daniel stated that there was a similar situation in Meadowdale which was denied, because once you take the fi'rst step it will set a precedent and you would be attacking the basic principal of land use and recording of a single family subdivision. Mr. Greer was present to outline his operation. Mrs. Girone stated that she was certain he had a fine operation but it would be changing the zoning. It was on motion of Mrs. Girone, seconded by Mr. Daniel, the Board deny this request. AYes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. Mr. R. W. Buckner who lives in North Carriage Lane thanked the Board for their wisdom in this case. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board recessed at 5:30 p.m. until 3:00 p.m. on December 7, 1983 in Room 502 for a Work Session. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absent: Mr. Dodd. II ~/~nar~d ~L .' Hedrick 11cOunty AdministratOr 83-668 ~'~Ji~ R6ya~l Rober~on ~ ~ ~hairm~n /