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04-27-1988 Minutes
BOArD OF S~TP~RVISORS MINUTES APRIL 27, 198~ Mr. G. H. Applegate, Chairman Mrs. Dori~ DeHart, Mr. M. ~. Sullivan, Vice Chairman Legislative Coord. Mr. C. F. Currin~ Jr. MS, Joan Mr. Jesse J. Mayas Clerk %o the Board Chief Robert Hanes, Mr. Lane B. Ramsay Fir* County A~inistrator Mr, Bradford S. H~er, Deputy Co. Admin., SHpe~vlsors Absent: Management Services ~s. Alic~ H=ffner, Mr, Harry G. Daniel Youth Svcs. Coord. ~r. William E. Howell, ~r. Thomas E. Di~. of Planning Mr. Robert Deputy CO. Admin.t Mr. R. J. McCrackun, Tran~p. Director ~r. Richard McElfish, Dir. of ~nv. Mr. St~ve Micas, Co. Attorney Mrs. Paullne Mitchell, Dir. Of News/Info. Dr. William Nelson, Dir., ~alth D~pt. Mr, Richard A. Nunnally, Extension Agent Col. Joeeph Pittman~ Chief of Police Mr. Richard Sale, Deputy Co. Ms. Jean Smith, Dir. Social Survicus Mr. Jay S~e~ai~r, Mr. ~. D. Stith~ Jr., Dir. Of ~ark~ Mr. David Welchons, Dir. of Utilities Mr. Frederick Willi~ Dir. of Mr. Applegate called the meeting to ozdef at the Courthouse at 9:00 a.m. 1. INVOCATION Mr, Ap~l~gate introduoed Reverend Ma~k Jordan, Ironbci~ge ~aptist Chnrch, who gave the invocation. Thu ~lud~e o~ Allagianc: to =he ~lag o~ the United Amer~¢~ wa~ recited. Q~ motion of Mr. Mayer, ~econded by Mr. Sullivan, the Board approved the minutes of April 1t, 1988, as submitted. Ayah: Mr. Applegmte~ Mr. S~llivan~ Mr. Currin and Mr. Maye~. Absent: Mr. Daniel. 3.B. APRIL 13~ 1988 On motion of Mr. Currin, seconded by Mr. Sullivan, the Board approved th~ minutes of Apxil 13, 1988, as submitted. Ayes: Mr. Applmgate, Mr. sullivan, Mr. Currin and Mr. Mayms. Absent: Mr. Daniel. 3.C. APRIL 18~ 1988 On motion of Mr. Currln, seconded by Mr. Mayas, the Board approved the minute~ of April 18, Ayes: ~r. Appl~ga~e~ M~, ~ullivan, Mr, Cut, in and M~. Mayas. Absent~ Mr. Daniel. 4. COUNTEAD~INIM~PATO~'~C0~(~T$ Mr. R~msey announced that Chief ~ittman tad been appointed by Governor Gerald Baliles to serve on tke Virginia Criminal Justice Services Board. Chief Pittma~ briefly described ~he functions and duties of the Board~ expressed appreciation for th~ Boa~'$ support and ~tated th~ opportunity d~riv~d from this experience will benefit the citizens of Chesterfield County. 5= BOAHDC0~ITTEE RE~ORTS Mr. Currin r~ported he attended the J~es River C~rtifiad D~v~lu~ent Corporation meeting. Sr. Applega~e faDer%ed he attended the bond olosing in New York for th~ refinancing of water and sawer revenue refunding bonds, series 1988, which shQuld ~ave th= County appr0xima~ely $9 million over the life of th~ bends. Mr~ Appl~qate reported Mr. Daniel was out of the Country p~rsing eeonomlc development prospects. On motion of Mr. Mayas, seconded by Mr. Sullivan, the Board added Item ll.B.7., Set Date for Public ~earing to Consider the Conveyance of a Lease of Real Property at Huguenot Park te 0pe~at~ Food Conce~ion~ and to Con~ent %0 an A~iqnm~nt of the Existing Lease to Richmond Concessionaire; distributed revised in£oxmation zelative to Item 1Q.B., ~ublic ~aring to Consider an Ordinance to Amend Chapter 9 Of the Code Of th~ County of Chesterfield, Virginia, 1978, as Amended, Relating to Fire Protection; and adopted thc agenda, as amended. Ayes: Mr. Applegate, Mr. Sullivan, Mr. Currin and Mr. Mayas. Absent: Mr. Daniel. 88-277 7.A. DECLARING MAY 4~ 1988 AS "MODEL COUNTY On motion of Mr. Ceftin, Seconded by Mr. Maye$, the following resolution was adopted~ ~q~EHEAS, Our democratic ~orm of gov=r~ent is predicated 0n an in~0~ and a~tive citizenry; and gover~en% and an under~tandinq of the problems and issues a~re~sed by local o~ficlals are important elements citizenship; ~EREAS, Eleventh and twelfth grade students in C~St~rfield County High schools have been studying local ~i~AS, Through a competitive proQess, · special group these students has been ~elect~d to ~epresent their suhools in "Model County Govex~ent Day"--a progx~m ~ha~ provide~ firsthand e~perience in the opera%ion~ of local government; and WHE~AS, The Chesterfield County Board of %0 learn abou~ their gover~ent in order to becom~ WHER=AS, The Ches=~rfield County Board of Supervisors supports activitiu~ that cultivate youth leader~hiD and build the ~uundatlon for citizen participation. NOW, T~=REFO~ B= IT ~SOLV~D, by the chmzte/fimld Coun=y Board of Supervlscrs that th~ fourth day of May, 1988 is hereby Droclaimed "Model County Gover~ent Day~' in Chesterfield County and ~at this observance is called to the attention of all citizens. Ayes: Mr. Apple~ate, M~. sullivan, Mr. Currin and Mr. Mayes. ~en%~ Mr. Daniel. MS. Lee Chas~, Progr~ Specialist for Social Studies, b~i~fly explained the purpose of the Program. Mr. Applegate requested enjoy their l~arning experienc~ and pre~ented the execu=ed r~solution to Ms. Chas~ and Ms. Heffner. 7.B. DECLARING MAY 8-14, 1988 AS "HISTORICAL PRESERVATION On motion oi Mr. Ceftin, seconded by Mr. Eullivan, the ~ollo~ing r~elu~ion wa~ adopted= WHEREAS, Chesterfield County was established ip %7~9; and WBEREAS, Che~terfiel~ County has been continuously involved with preservation of its rich and distin~i~hed history highlighted with the establishment of the Chesterfield County Pre~ervati0~ C0~%m~tte~ in 1997; and WHEREAS, This is National ~r~$ervation Week in which the Nation celebrates its e~fert to pre,eryc its heritage; and W~EREAS, The histor~ and ancestral heritage of th~ founders of the County should he prese=¥ed and celebrated. NOW, TH=H=FOK~ B~ IT P~SOLVED, that the Chesterfield County Board cf Supezvisors does hereby deslare May 8 - 14, 1988 as "~reserva=ion W~ek" in Chesterfield County, calling attention to thc ne~d to preserve a~d protect buildings and properties in the County which hold historical sigDifican~, Ayes; Mr. Applagate~ Mr, S~llivan, Mr. Currin and Hr. Mayas. Absent: Mr. Denis%. Mr. kpplega~e presented the executed resolution to Ms. Mary Ellen Howe, Chairmen of the Chesterfield County Preservation Committee. 7.C. DBCLARING MAY~ 1985 AS "FOSTER PARENT ~COGNITION MONTH" On motion of Mr. Sullivan, sssonded by Mr. Currin, the WH~a~AS, The family has always stood at the cen~er of our society in providing the foundation fel future generations; and WR~R~A$, ~om~ ~hil~ren in our community are negleute~ and abn~ed in their own ho~e~ and n~d temporary foster care as a safe refuge while their families resolve their problems; and WHeReAS, ~any families in Chesterfield County have opened their hemes t0 these children to provide them temporary fo~ter cars through the various public and private ageneie~ that provide services to troubled families in our community; and WHEI{E~S, These fester f~ili~ provide nurturanc~ 1ove~ guidance and meaningful family life experiences to the children placed t~mporarily in their care; and WEE~AS, The ears provided to these children by ioster famili=~ influencu~ the quality of life for the children, their f~ilies, our entire co--unity and fu~Ur9 gen~rations~ and WHE~S, The citizens of Chesterfield County wish tO acknowledge and Supp0r= =he oompassionate efforts of foster f~ili~ %o children ~n our co--unity. NOW, T~FO~ B~ IT RESOLVED, that t~e Chesterfield County ~oard of supervisors hereby proclaims the month of May~ ~988 as '~Foster Parent Recognition Mon[h" an~ calls ~his Ayes: Mr. Appleqate, Mr. Sullivan~ M~. Currin and Mr. Mayas. Absent~ Mr. Dani~I. Mr. Applegate presented the executed r~solu%i0n %o ~s. Jean smith; recognized me,ers of foster f~il~%~, county staff and a sEaff me,er of the Catholf= F~ily and children Services, 7.D, DECLA_RI~G MAY 1-7, 195~ AS "EXTENSION EOMEMAKER WEEK" On motion of Mr. sullivan, seconded by ~r. ~aye~, the foll0win~ resolution w~s adopted: WHE/~EAS~ The Chest=rfield Extension ~omemakers fo~ter the highest ideals of home, uhu~ch, school and public life; and WHE~LMA$, The Chesterfield ~xtensioa Homemak~r~ have a~ their purpose to extend educational inf0r~a~ion provided through the Chesterfield Count~ Extension Service; and WEE/L~AS, The Chesterfield Extension ~Omemaker~ strive to improve the economic, physical, and social quality of life for indlvid~al$, families and communities, NOW, ~HEREF0~E, BB IT RESOLVBD~ That the Beard of Supervisors of Chesterfield County recognizes May 1-7, 19~$, aD "National B~teneion Homemakers Week." 88-279 uxpresse~ appreciation to the ~×tension Hememaker~ for their Outstanding contributions to tko citizens cf Chesterfield County. Ayes: Mr. Applegate, Mr. Sullivan, Mr. Currin and Mr, Hayes. Absent~ Mr. Daniel. Mr. Applegate presented the executed zesolution to Ms. Ma~y Mayteo, President of the Chesterfield Extension Homemaker~ and other members who were present. 7.E. DECLARING MAY 2-8, 1988 AS "PUBLIC On motion of ~r. Mayas, seconded by Mr. Sullivan, the following resolution was adopted~ WHEREAS, The goal of public health is to promote and preserve good h~alth for all'o~r oitizens: and W~EP~A$, ~ubli¢ ~e~lth is also concerned with departures from good health Dractice~ which impair the well-being of the coKm]unity; end WHEREAS, Good health, beth physical and men,al, can be achieved through good per~onal health habitu; and WHEt{EA8, The Chu~terfield County Beard of Supervisors ~alieves that the future of the County is, to a large degree, dependent upon the good health of all its citizens; and W~EtLEAS, The Chesterfield County Board of Supervi~or~ auknowledge~ and suppor=s ~h~ e~orts to protect an~ 9reserue the health of its citizens. NOW, THEREFORE BE IT ~SOLVED, %hat th~ Board of Supervi~o~ of Chesterfield County hereby Droclaim~ the week of May 2 - 8, 19SS a~ "Public ~alth Week" in Chesterfield County and urge~ ali citizens and co~unlty organizations to join in the observance. Ay~ ~r. applpg~t~, Mr. Sullivan, Mr. Currin and ~r. Mayas. Absent: Mr. Daniel. ~r. Applegat~ pre, anted the exeouted resolution to Dr. Nelson 7.F. DECLARING MAY¢ 1988 AS "HIGH BLOOD PRESSUP~E On motion of Mr. Currin, seconded ~y Mr. Mayas, the following resolution was ade~te~: W~=~=AS, Almost fifty-eight million Americans have high blood pressure and surveys show that only 1I% satisfactorily control the condition; and WH=R~AS, People with nncontrolled high blood pressure risk pre~at~ illness or death from heart disease, stroke~ or kidney failure; and W~R~AS~ People who effectively control the condition can lead normal healthy lives~ and WH~]tEAS, The efforts of the Na:ional ~igh ~load Pressure Education Program and ~ueh ~oups as th~ Ch~terfleld Health Departmmnt's High Blood Pressure Program have helped to lower the stroke ~ortality rate by 5O% and thc coronary heart disease rat~ NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby proclaims the month of May, 1988 as "High Blood Pressure Month" and strongly urpes all health, social service, education, voluntary and civic organizations to join in this effort to reach those people who are not aware of their high blood pressure or are not properly controlling it. Ayes: Mr. Appleqete, Mr. SUllivan, Mr. Currin and Mr. Nayes. Absent; Mr. Daniel. Mr. ADDleqate p~esunted the executsd resolution to Ms. Barbara Mueller, R.N., who wa~ present. 7.G. DECLARING MAY 1-JUN~ 4, 1988 AS "CLEANUP WEEKS~' AND MAY ?, 1988 AS "COP~O~ATE CLEANUP DAY" On motion of Nr. M~yes, ~e¢onded by ~r. sullivan, the ~ollowing resolution was adopted: WHEREAS, The Keep Chesterfield Clean Corporation is Ch~terfleld ~x=ensien Service to impruve the environmental to red,ce litter and littsrtng; and planning a ~pring cleanup for Chesterfield County neighborhoods to be held on the following ~ates in ~he following Magisterial Districts: Eermuda, May 29 - June ~, 198~; Clover ~i11, May 15 - 21, 19~8; Dale, May 22 - 28, 1988~ Matoaca, ~ay 1 - 7, 1988 planning a kick-off on May ?th to be designated es 'tCorporate Employee Cleanup Day" during which time employees from Chesterfiel~ bueineas and governmental offices will voluntee~ partfcipate in this proqra~ to make Chesterfield County a better Ayes: Mr. Applegate, Nr. Sullivan, Mr. Currin an~ Mr. Mayas. 7.K. D~CLA~ING MAY 1~ 1988 AS '~LOYALT¥ DAY" Qn motion cf ~r. Mayas, ~sconded by Mr. Sullivan, the following resolution was adopted: W~A~, The citizens of thi~ County are extremely proud of this Nation's more then two hundred year ~eritage of Freedom and afc loyal to the ideate, tradition~ =nd institutions which have made our Nation sc gr~at; and 88-281 WHEREAS, Their obvioug dedication to our way of %ifc is indicative of a s~rong, contlnu&d desire to preserve the priceless American heritage; and WHEREAS, They will be proud to stand up end publicly declare their determination toward actively and positively safeguarding our freedoms against any foreign or enemies. NOW, THEREFORE ~ IT Fd~SOLVED~ that Tnhe Chesterfield County Board of $oporvlsors does hereby call ~pon all its citizens to take full advantage of the special occasion known as "Loyal~y Day," celebrated annually throughout the Nation on the first day of May, as an incentive for every true ~n~erican to reaffirm his and her love cf Flag and Country. AND, ~ IT FURTheR R~$OLVED, that all individuals, · chool~ ch~ches, Organizations, business e~tablishmsnts homes display proudly the Flag of the United States of ~erica and participate in public patriotic ~'Loyalty Day" activities which are to be co-sponsored by the Veterans of Foreign Wars the United Statem, and other~, on "Loyalty Day," May lz 1988. Absent: Mr. Daniel. Mr. Ken Vitals, member of Chesterfield County VFW Post 2163 and Senior Vice Colander of the Dmpartmen% of Virginia Foreign War Fourth District, and Mr. otis Merry~ representing and me,er of ~W Pomh 637, invited the BOard ~ a~end Loyalty bay par~ in Mechanicsville and Cr~w, virginia~ on April 30, 1988. Mr. Applegate prmmen~ed the executed resolution to Vit~le an4 Mr. 7.I. ~ECOGNI~ING APRIL 25-29, 1988 AS "NATIONAL SECRETARIES~ WEEK" On mo~icn of Mr. sullivan, seconded bF Mr. Mayas, the following re~oluticn was adopted: WHEREAS, The importance of professional secretaries to American public and private organizations has been recognized by the designation of April 25 29, 1988 am "National classification must meet high standard~ of performance through a combination Of effective, interpersonal abilities and citisens and fellow employees, and knowledqe and application of numerous Co~n%y and departmental policies and procedures; and WHEREAS, The Administration wishes ~o express its appreciation to all County secretaries for their dedication to excellence in public service and for their cuatributions to the County team. NOW, THEREFORE ~E IT RESOLVED, that the Chesteriield County ~oard of SuDerv~or~ hereby recognizes all ~tS secretaries for their invaluable assistance to the County and its citizens. Ayes: Mr. Applegats, Mr. Sullivan, Mr. Currin and Mr. Mayas. Absent: Mr. Panini. ~r. ADp!agate pressured the executed resolution to Ms. Phyllis Burkey, Administrative Secretary, who accepted the resolution on behalf of ~11 County secretaries. 8. HKA~INGS OF CITISENS ON ~sc~nuLED MATTERS OR C~TMS o MR. GEORGE A. BEADLBS~ JR, - CHESTERFIELD LA/~DFILLS Mr. George A. Beadles, Jr. stated the idea of another fully-operational landfill in Chesterfield county resulted in his recent research on tandfill~ at the County, State an~ Federal levels. He submitted material to the Board for their review and presented an overview of said mate=tel which included information relative to the guldellne~ for the type of financial assurance the County should require of all landfills, the Textual Statement ~ur the proposed Homer Landfill, Iettere referencing concerns regardinq the Shoosmith Landfill as well as landfills in the County which are net in compliance with State requirements, listings oi landfills in the Cou~y which he has no% investigated a~ t~ose which are in violation of State regulations, etc. He stated he would like to see a charter-commissioned t~pe group appointed to study the County's solid waste problems; consideration given to interested groups and private industry partlclpati~n on County's Solid Waste Co~ittee; the e~ablishm~nt of better County gu~elines an~ enforcement of those guidelines rstative to landfills. Mr. Mayas contm~nded M~. Beadles for his efforts, as a private citizen to take it upon himself to be concerned with and become involved in thi~ issue. Mr. Applega~e concurred and staeed in~ividuals, is appreciated and en=ouraged. 9. BEFE~/~D ~.A. MUSEUM COMMITTEE On motion of Mr. Coffin, ~econded by Mr. Sullivan, ~h~ Beard appointed Dr. Dori~ A. Blan~on, representing Chesterfield county at-large~ ~0 seMv¢ un the Museum Committee, whore term is effective immediately and is at ~h~ pleasure of the Board. Ayes= Mr. Appl~gate, ~r. Sullivan, Mr. Currin and Mr. Meye~. Absent: Mr. Daniel. CAMP On mo~ion appointed District, District, of ~r. Mayas, ssconded by Mr. Sullivan~ the Board Mr. William Haskins, Sr.~ representing the Bermuda Mr. Joseph J. ~olicky, representing the Clover Bill to ~erve cn the Camp Baker ~ana~ement BOard, whose terms are effective immediately and will expire April Ayes: Mr. Applegate, Mr. Sulllv~n, ~r. Cut,in and Mr. Absent: Mr. Daniel. 9.C~ JO~N TYLER C0~4UNITY C©~L~G~ BOARD ©~ merles of Mr. ~ayes, seconded by Mr. Sullivan, the Board appointed ~eneral William D. Curry~ Jr., USAF Rstlred, to ~erve on the Governing Board of John 9ylsr Community College, whose tetT~ ia effective July 1, 1988 and will expire June 30, 1991. Ayes: Mr. Applegate, Mr. Sullivan~ Mr. Currin and Mr. Mayas. Absent~ Mr. Daniel. 88-283 PUBLIC 10.A. TO CONSIDER AN ORDINANCE TO AF~ND ARTICLE 14.1-I OF THE CODE OF THE COUNTY OF CKEST~R~IELD, V!EGINZAr 1978~ AS AF~NDED~ /~LATING TO ADOPTION OF STATE ~r. Micas stated ~his date and ti~ had been advertised for a public hearing to consider an ordlnan=~ to amend the Code of CAe ~ounty of Chesterfield~ Virginia, 197S, as amended, by adoption, on a permanent basin, of Stat~ law dealing with motor vehicle offenses. No one same forward in favor of or against the proposed ordin~Dc~. On motion of Mr. Sullivan, s~¢onded by Mr. Ceftin, the Board adopted the following ordinance on a permanent basis: i~NO~DINANCE TO A~ENDi~IC~E I, S~ION 14.1-1 OF '~ ~ OF x~ ~ OF ~STZ~I~t ~IN~, 1978, AS ~D, ~TIN~ ~ ~I~ OF STA~ ~W ~ IT 0~AINED by ~he ~oard of ~upervisors of the County of Che~tezfield, Virginia: (1) That the Cod~ of th~ County of Che~ferfi~ld, 1978, ~nd~d, is amen~e~ by amending the iollowing ~ection~ sac. 14.1-1 Ado~t~on of stat~ law. Pursuant 5o the authority of section 46.1-I88 of the Code of Virginia, a~ amended, all of the provisions and requirements of Chapter 7 of Title 18.2 of the Cod~ of Virginia, ~ in on ~aroh 23, 1988, except ~ose provisions and requirements the violation of which constitutes a felony, and except those no application to or within the conntyr are hereby adopted and incorporated in ~is chapter by reference and made applioabl~ contained ih ~uch provi~ions and requirements hereby adopted shall be de~ed to refer to the s~reets, highways and o~her public ways within the county. Such provisions and ruquire- men~s are hereby ad0p%ud, muta~is mutandis, and made a par% of thio chapter us fully am though set forth at length her~in, und i~ shall bu unlawful fo~ any person, within the county, viola=e or fail, neglect or rafu~ to comply with any provi~ion of Title 46,1 or Ar~iu!e 2 of Chapter 7 of Title 18.2 of the Code of Virginia which i~ adopfied by thi~ ~aetion; provided, that in no even~ shall the penalty imposed for ~he viola=ion any provision or reqnlrement hereb~ adopted exceed the penalty imposed fox a similar offense under Title 46.1 or Article 2 Chapte~ 7 of Title 18.2 of the Cod~ of Virginia, Ayes: Mr. Applegate, Mr. Sullivan, Mr. C~rrin ~nd Mr. M~yes. Absen=: ~r. Daniel. 10.B. TO CONSIDER A~ ORDINANCE TO AMEND C~T~R 9 OF T~E C©D~ OF THE COUNTY OF C~ESTERFINLD, VIRGINIA, 1978, AS AMENDED~ P~LATING TO FIR~ PROTECTION Mr. Micas stated this date a~d ti~e had been a~vertis~d for a public hearing to eonside~ an o~dinance to amend the code of the County o~ Chesterileld, Virginia, 197~, as amended, Delatin9 to fire protection. BY AM~NDT/~G ~ECTT(~$ 9.1-t, 9.1-2, AND 9.1-4 S~CTION 9.1-2 ~ELATING TO FI~ P~ION ~ County ~ha= ~he Co~e of the County of chesterfield, Virginia, 1978, as ~ended, is amended by a~ndinq Chapter 9.1 ~ollows: Sec. 9.1-I Fire Prevention Code Adopted. The County of Chesterfield shall enforce ~ Virginia Statewid~ Fir~ Prevention Code promulgated by the Beard ~ousing and C~unity Development oi the C~onwealth of Virginia pursuant to Section 27-9~ o~ the Code of ,,~ir~inia. The provisions of ~e Virginia Statewide Fir~ 9r~vsntion and Chaptar 9.1 of ~is Cede shall be enforced by the official, {a) Wherever the words "n~e of j=risdiction" are it ~hall be held to mean Chesterfield County, Virqinia. (b) Wherever the terms "~ire o~ficial'~ or "code official" are used, it ~hall be held to mean the chief of the Department of Chemterfield County, Virginia or his d~ly Chesterfield County, Virginia. Sec. 9.1-3.1 ~en~ents, Additions and Dele~ion~ to the Virginia Statewide Fire Prevention Code. Tke Virginia ~tat~wide Pire PrevenSion Code, 19~7 Edition, is hereby amended and changed pursuant to Section 27-97 n~ the Code of Virqinia in the following respects: A~ICLE i AD~INISTR~TIOWANDENFO~9~ENT F102.1 Enforcement 0fficer+ Delete an~ substitute It shall be the 4uCy and rmsgonsibility of the. uhief of enforce the provi~ion~ of the fire prev~ntio~ co~ as h~r~in set forth. The designated ~nforcement officer of thi~ code is herein referred ~o a~ the "fir~ official". F--102,1,I Impersonations. g~4 ~ub~ction ~-102.1.1 follow~ It shall be unlawful for an~ unauthorized person to use a badge, uniform or any o~er credentials so as =o gain access to any building~ structure, vehicle or pr~mises or to otherwise falsely identify himself as %he fire official or his designated repres%ntative. F-1~3.3.1 Inspection by Other~. Add subsection P-103.3.1 88-285 The fire official may designate such other persons as he ~eems necessary to make fire safety inspections. Such persons shall use this Code as the basis for such inspections. F-103.4 plans Beview 'and Certificate of occupancy. Add suhseoti0n ~-103.4 as follows: It shall be the responsibility cf th~ fire official to assist the County building inspector in the review of construction plans for ecmpllanus with the firs protection provision~ ~f the Uniform Statewide Building Code for all structures and/or ~acilities, except detached one and two family dwellings, prior to the i~suance of a building permit. Furthermore, the ~ire o~£icial shall assist the County building inspector in performing pre-occupancy inspeofions of new structures and/or facilities prior to the issuance of the Certificate of Occupancy. F-103,5 Fire Hydrmnt~, Add snb~ction F-103.5 as follows: During the site and/or construction plans review process for new construction, or alteration thereof or change in uss as originall~ p~rmitted of any building or structure, the fire official shall have the authority to require the installation of fire hydrants as he deems necessary to have water available for fire fighting purpo~g. Th~ ne~d for ~ueh fir~ hydrants will be determined by the use and size of the structure -involved and the availability of water in the area of the property~ The nttmbe~ of fife hyd~ant~ their placement and th~ desired fire. flow shall b~ determined by regulations established from nationally.recognized ~tandard~. F-103.6 Authority to Take Photographs. Add subsection F-103.6 as follows: P~rsuant to appropriate lawful a~thority, the fire official or hi~ duly authoriz%d reprementative i~ authorized to make such sketches and take such photographs as he may find n~cessary to document conditions observed that ar~ apparent or actual violations of the provisions of this code. ~ubsequent %o a fir~, ~xplosion, or Other emergency, such photographs may be taken as are necessary to adequately depict the conditions with, refuse, or obstruct such sketching or photograph making. F-106.9 Failure to Correct Violations. Delete and ~ttbstituts F-~06.9 as follows: Xf the petite of violation is not complied with within the time specified by the fire official, the fi~e official may issue a summons for said violation or any offenses againet the code. Further, th~ fir~ official shall request the county attorney to institute the appropriate legal proceedings to restrain, c~rrect or abate such violation or to requir~ removal or termination cf the unlawful asa of the building ur structure in violation cf the provisions of this code or of any order or ~rec~ion made pursuan~ there=o. F-106.1O Pena~i~p. Delete and substitute sec. 9.1-7 of tho C~s'~e~fie~d County Code, F-107.0 Notification of Fire Official. Add the ~bo~e listed-'~le for SU~6-{'~'-FL~0'7.0 and subsection F-107.1 as follows: F-107.! .General. In any building, structure er premise subject to inspection under uny prOvisio~ Of thio code~ whe~ e fire or evidence O~ there having been a fire is discovered, even though it has apparently been e×ti~g~ished, it shall immediately be reported to the fire official or hi~ designee. This shall be the duty of the owner, manager er person in control of such building, structure or premise at the time of di~c0v~ry. This requirement shall not be construed to forbid the owner, manager er parson in control nf said property from using all diligence no~E~ary to extinguish such fire prier te the arrival of the fire department. ARTICL~ 2 F-2Q~.0 ~finitions. Add ~he following definitions: Fire Lanes: An a~ea designated by clearly visible signs and/or markings in which parking shall be prohibited, on public or private property, to en~ure ready access for and to fire fighting equipment and facilities. Occupant: Any D~rson physically losatsd Or situated in en a~y property, ~tructure or vehicle irrespective of the length of time or the reason for such occupancy. Overcrowding: Exceeding the maximum occupanc~ toad of any occupancy as described by thi~ ~odo cr the Virginia Uniform S~atewid~ Buildin~ Code~ ar the arrangement of ocaupants in such a manner as tn block any means of GEN~RA~RECA~TION$ AGAINBT FI~ F-3Ol.0 Outdoor ~ires. Delete and substitute the foregoing title for subsection F-3Qi.~ Ceneral. Delete and substitute subsection F-301.1 as follows: The provisions of this ~eotion pertain ~o outdoor fires permitted by the State Air ~ollu~icn Control ~e~rd aD4 Chapter 10, Article IV of the Code of th~ County of Chesterfield, Virginia, 19TS, as amended. F-301.Z ~ermittad Fires. Delete aad substitute ~ubsection F-30~.2 as follows: All outdoor fires permitted by the State Air Pollution Control Board and Chapter I0, Article IV of the Code of the County of Chesterfield, Virginia, 1978, as amended, are deemed to be permitted fire~ a~ that term is used herein. F~301.4 Delete in its entirety. F-301.4.1 to F-301.4.3 Delete in their entirety. F-301,5 Delete in its entirety. F-301.6 Delete in its entirety. F-3~1.7 Location Restricted. Delete and substitute subsection F-~Ol.7 as follow~: No parson shall kindle nor authnrize to be kindled any permitted fire unless the fire i~ ~0t le~s than fifty (50) feet fram any structure and adequa=a provision is made to prevent the fire from spreading to within fifty (50) feet of uny F-$01.9 Attendance at 9psa~ Fires. b~!~to and substi~ut~ subsection F-301.9 as folle~$: P~rmitted fires shall be constantly attended by a competent psrsonunttl such fire is extinguished. This persan 88-287 shall have fire axtinquishinq equipment readily available for u~e as deemed necessary by the fire official. F-301.I0 Prohibited Outdoor Fires. Delete and substitute The fire official may prohibit any or all outdoor fires which are ur could bs offensive cT objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The fire off£oial shall order the extinguishment, by th~ permit holder or the ~ire department, of any OUtdoor fire which creates or adds to a hasardous or objectionable situation. F-3Ol. I1 Endangering Other Pro,arty. Add NO persou shall· kindle or autkori.ze 'to be kindled nor maintain any p~rmittod iire in such a manner %hat i~ will endanger the property of another. F-303.0 Torches for ~ovin~ Paint. 'Add the following to the title of subsection F-303.0: or Sweating Pipe Joint~. P-303.1.I Sweatin~ Joints. Ad~ subsection F-303.1.1 as follows; Any pe~son u~ing a torch or oth~r f~ame-produ¢ing for sweating pipe joints in any building er structure shall have available in th~ i~ediate vicinity where the sweating is done one approved fire extinguisher or water hose connected to a water supply. Combustible material in the close proximity of the work shall be protected against ignition by shielding~ performing the work shall remain in thc vicinity of the sweating operation for one-half (1/2) houM after the torch or flame-produoin~ device bas been used. F-306.4 storage Or Display in Roof~d-Over ~alls. Add ~ub~%~om F-3U~.4 as follows: Combustible goods, merchandise, decoration or vehicles may be dfpplayed or placed iu the common area~ of a roofed-Over mall only if such display or placement is in compliance with regulations eeYabli~hed b~ the fire official. It shall be the responsibility 0£ the owner, manager or his designated representative to notify the fir% official prior to such of the roefs~-ever mall. P-313.1 Desi~naeion. Doleta and ~ubstitute P-313.1 as follows= designate fire lane~ on public streets an~ on p~iv~te property, d~voted to public u~e such a~, but Dot limited to, commercial~ industrial er residential buildings~ for ~]e p~rpose of preventing parking in front of or adjacen~ to fire hydrante or providing access for fire fighting equipm=nt. F-31J.2 Signs and Markings. Delete and substitute subsection ~h313.] as Sign~ and markings to ~=lineate fire lanes as deslqnated by the fire official ~hall be provided and installed by the owner or his agent of the property involved. All buildings less than for~y-eight (48) feet in height shall have an all weather fire lane twenty {20} feet in width within thir=y (30} feet of the lonqer side or as requir%d to provide access for fire fighting activities and equipment or All buildings forty-eight (48] ~eet or more in heighn shall have an all w~ather fire lane twenty (20) fe~t in width parallel to each cf two opposing sides of the building fifteen (15) to twenty (20) feet away from the building or as required t¢ provide attes~ for fire fighting activities and egn/i~ent or as specified on an approved site plan. F-313.4 ~llegal Use. Add subsection F-313.4 as follows: 1. It shall be u~lawful for any person to park or leave aD ~nattended vehicle ie Or to otherwise obstruct with a vehicl~ such designated and marked areas, 2. It shall be unlawful fur any person to place, locate any equipment, materials, or any other object in or otherwise obstruct such designated and marked areas. 3. ~enalty for violation oS Section F-~i~.4(1) shall 5~ sa~e as outlined for other parking violation~ in the Chesterfield County Code and the penalty for violation cf E-3t~.4(2) sh~ll be in accordance with the penalty provi~ien~ of this Chapter. F-318.0 Cookin,q subsection Devioe~. Add the foregoing title ~or ~dd nub~ection ~-3t8.1 ~ follows: No charcoal cooker, brazier, hibachi or grill or any gasoline Or other flammable liquid or liqulfled petroleum gas fired ~tove or similar device, except gas fired ranges designed ior indoor use, ~hall be ignited or used within or on the balcony or covered patio of a~y residential buildings, .~xcept detached one and two family dwellings, or similar occupancy unless more than eight feet from said structures. Th~ management shall notify their tenants in writing of this code · requirement at the time ~he t~nant initially occ~ples the F-319.O stora~e~ Park ?~ Repair. Add the foregoing Ti~l~ for subsection F~319.0. F-319.1 General. kdd subsection F-319.1 as fello~s~ It shall b~ unlawful to store, p,rk or repair any vehicle; tool or equipment that has a fuel tank t~at oontain~ a flam- mable or combustible liquid or liguified petroleum gas as a source of fuel within or on any residential building ar struc- built for the purpose of such storage, parking or repairing as provided above in accordance with and in compliance with all requirem%nts of the Uniform Statewids Building Cod~ and this code. TAis Section shall not apply to detached one and family dwellings unless such storaget parking or repairing is conducted as a business. Such businesses ehall then comply with all applicable provisions of the Building Code and Chesterfield Count~ Cede. P-320.0 Fire/Smoke bam~r~. Add the foregoing titl~ for subsection F-320.0. F-320.1 General. Add ~ub~ection P-320.1 as follows: All ~equired fire and/or smoke dampers, including hardware er equipment necessary for the proper operation thereof, shall be maintained in p~ope~ working order. The of any unappreve~ hold open device(s) is prohibited. F-321.0 Fire/separation Walls. Add the foregoing title for ~ub$~¢tion F-321.0. 88-289 F-321.1 General. Add subsection F-321.1 as follows: All fir~ wall~ and/or fir~ Separation walt~ ~hall b~ maintained to the integrity and fire resistance rating required for the use and occupanoy of the building or strugture involved. ARTICLE 5 FIRE P~gTECTZON SYST~ F-~02.1 Seneral. Delete and subsbibute subsection F-502.1 as follows: All fire protection .systems, devices, units and service equipment shall be maintained in an opcratlve condition at all times~ and unless approved by the fire official~ it shall be unlawful for any owner or occupant ~o reduce the effectiveness Of the prOteetiOn~ e~pt this shall not p~ohibit th~ owner or occupant from temporarily reducing or discontinuing the or additions. The fire official shall be notified before al~eratiunu or additions are star, ed and upon ils completion The restoration of the protection shall be diligently pursued. F-502.7 Tamperln~. Add subsection F-501.? as follows: system, hydrant, etc., installed in or on any building, structure or property within the County. It skull bs unlawful to obsc~rs from view, damage, deface~ obstruct or r~stricf th~ access to a~y fire hydrant er any fire department connection that is located on public or prlv~tc Detectors. Delete an~ substitute subsection F-~03.7 a~ follows: reliable operating condition at all times. All detection devices and systems shell be inspected, tested at least once a NFiPa 72~. F-~03,9.1 Submission of Test and Inspectlen Records. Add It shall be the responsibility of any per,On Or firm providing or conduotin~ testing and/or inspections of fire result~ of the a~ursmentioned tests etd/or insps~tions to the fire official. F-601.2.1 Markin~ of ~eans of E~ress. Add subsection F-601.2.1 as foI!ow~: be required as deemed necessary and appropriate by the fir~ official. It shall be the responsibility of the owner or his agent to mark and maintain suck aisles as required. F-604.4 Elevator Warning Signs. Add subsection F-604.4 as follow~: Ail elevator lobby call stations on all floor levels in buildings shall be marked with approved signs reading as follows: Use Stairway in Case of Fire - Do Not Use ElevatOrs. The requirements of this section shall apply to existing as well aS ngw buildings. F-604.5 as follows~ A floor level identification sign approved by the fire official skull be provided at such landing in all interior stairways more than three stories in height designating the floor level above the ~×it di~charg~, The content, letting, n%u~bsrs, ~ise, locating and contrasting colors of the sign shall be approved by th~ fire official, F-707.0 Hotel and Motel Fire gafety~ Add the foregoing tiBle for subsection F-707.1 G~neral. Add subsection F-707.1 as follows: Any hc~el or me~e% providing ovurnigh~ sleeping acoommo- shall post on the inside of each sleeping unit door a floor determined necessary by the fire official. A~TICLE F-2600.3 Insuranc~ Required £or Blasting. Delete and subs~l-~--t~-subse0tion F-2600,3 a~ follower Before a permit to do blasting is issued, as required under Section F-2600.2, the applicant for such pe~it shall file, with the fire official, a certificate or proof of blasting, F-2700,1 SooP~. ART I~.~. 27 FIKEWOP~S Delete and substitute $~ction P-2700.1 The manufacture of fireworks is prohibited within the jurisdiction. The display, sale or discharge of fireworks ~hall comply with the requirements of this article. F-2700.4 Definition. Add subsection F-2700.4 as follows: Fireworks shall mean and include any combustible or explo~ivs no~position, or any substance or combination of ~ub~tances, er article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, d~flagrahion or detonation, and ~hall include blank cartridgeg, toy pistols, toy eannons~ to~ canes or toy guns in which explo~i~e~ are u~ed~ the type of balloon~ which r~qnir~ fire undsrneath to propel the same, firecrackers, torpedoes, skyrockets, Roman ean~les, sparklers or other devices of like construction and any device containing any explosive or flammable compound, or any tablets or other devices containing any e×pI0sive substance, e×oept that the term '~firewerku" shall not include aute flares, paper cape containing not in excess of an average of ~25 grain (16.2 mg) of explosive content per cap, end toy pistOlSr toy canes, toy guns or other devices for use of each caps, the sale and use of which shall F-2701.1 General. Add subsection F-2701.t as follows: It shall be unlawful for any person to store, to offer for fireworks, except ~as provided in the rulee and regulations issued by the fi~e official fur the 9ranting of permits fur supervised puDlic dieplaye of fireworks by the County, fair associations, umu$®munt parks mud other organizations. Every such display shall be handled by a competent operator approved by the ~ire official and fire ~aDart~ent th~ County and shall h~ of such a character and so located, discharged or ~red as in the opinion of the fire offlciel, after proper inspection, shall not he hazardous to property or ~ndanger any person. Publio displays shall be in general accord with the applicable seCtiOns O~ NFi~A 494L. F-2701.2 Insurance Required for Display. Delete an4 substitute subsection F-2701.2 as Balers a per, it is issued for a fireworke display, .require4 un,er subection 2700.2, th~ applicant for such permi~ shall file~ with =he fire official, a certificate or proof insurance ~n such fo~, ~ount and coverage as deee~mined by the Coun~y'Attorney of %he ~uriudi=tion to b~ adequate, in each case, to indemnify =he juriediotion against any d~ages which may be cauBed either t~ a p~rson or pereons or ~o property by reason of %he permitted display, an~ ~rlslng from any acta F-2701.3 Exce~tio~s. A~ sub~ection F-~701.3 as follows: Nothing in thie article shall be conetrued to prohibit any r~ident wholesaler, dealer or jobber to $~11 ~t ~hulesale ~uch fireworks aa ar~ not hsr~in prohibited~ or the sale of ~ny kind transportation agencies ~or signal purposes 0r illumination, for =se by military organiza=ion~. Such whoI~alers, dealers and jobbers shall shore their supplias of fireworke in accordance wi~ eubsection F-2602,0. F-2702.8 U~anned Rockets. Add subsection F-2702.0 as F-2702.1 The Design~ Co~pugtlon and Use cf Model Rockets. Add subsection F-2702.~ as ~ollows: Th= design, construction and use of u~ann~d lockets be xeasonabla saf~ =o p~r~ons and property. Evidence~ that the accordanu~ with NF~PA ]122L, ~halI be evidences that ~ch d~iqn, ~onStruction and use provides reasonable safety F-2801.6 Disposal of Waste. D=lete and A person shall not permit, cause 88-292 substitute to De permitted or participate in the pouting, dumping or discharging of flannlable or combustible liquids, or any waste liquid containing petroleztm or its products into or upon any street, pavement, highway, ~xainage e~nal ditch, ntcrm or ~anitary drain or flood control channel, lake or waterway, or upon the ground. AIl petroleum product~ shall be Stored and disp0~d of in accordance w~th regulation~ ~et forth by the fire official. F~2804.5(6) Testinq. Add subsection F-2@04+5(6) as follows: Whenever it shall come to the knowledge of the fire official that there is underqround seepage of unknown origin of flammable or ce~ustihle liquids in the coun=y, the fire offiuial shall serve notice on the owners, tenants or occupant~ of all lots in and around the contaminated area where underground facilitie~ containing flar~mable or conzbustible Iiq~ids ara maintained. Such notice shall advise that such seepage exists and shall require testing of any underground facility. Upo~ r~oeipt of such notice! tbs owners, tenants or occupants shall J~mediately cause tests, as required by th~ fire official, to be ma~e on all such underground facilities, tanks, or ~ssorted pipelines. F-2~05,~+2.2 Use Groups A, R-1 and R-2. Delete and Storaqe of flammable and co~ustible liqltid shall be prohibited. F-2B05.4.~.? Rental Storage Occupancies. Add subsection storage fa¢ilitie~ shall be prohibited. F-2802.2 Loadi~q aack ~ire ~ro~eetion. ~d subsection vehicles with ~lammabla or combus=ible liquids is accomplished approved by the fire o~ficial. This system shall be ~esigne~ vehicles located in the loa~ing rack. These sys:ems shall be Sup~rvined by an accredited central station facility. F-3000.3 Emergency S~rvices. Add subsection F-3000.3 as follows~ All companies who have liquified petroleum gas equipment fire department personnel with emergency incidents involving thsir equipment. Appendix A is amended by ch~glng tho foll~ing NFi~A standard reference n%t~er~ to those numbers a~ indicated he:salts/: 1) 10-81 changed to I0-~4 3) 13-85 changed to 13-87 4) 13A81 changed to 13A-87 5) 20-$3 changed %o 20-87 6) 31-83 changed to 31-87 7) 34-82 changed to 34-~7 85-293 8) 35-82 chanqed to 35-87 9) 51-83 changed to 51-87 lO} 58-$3 changed to 58-86 11) 65-80 changed to 65-87 12) 69-78 changed ~o 69-86 13) 70-84 ehan~ed to 70-87 14) 72S-79 changed to 72S-86 15) 86A-77 changed to 86A-85 16) 99-84 changed to 99-87 17] 231-85 changed to 231-S7 18) 303-84 changed to 303-86 19} 651-80 changed to 651-87 Appendix A is amended by adding the following standard reference numbers mad titles am follows: NFiPA 72E84 Automatic Fire Detectors Sec. 9.1-4 Modifications. The chief of the fire department shell have the power to modify any o~ the provisions of the Virginia Etat~wide Fire P~evention Code, 1987 Edition, as herein amended, upon application in writing by an owner or lessee, or hi~ duly authorized agent, when there ere practical difficultie~ in the way cf carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety .coeur=d, and seb~tautial justice done. The particulars of such modification when granted or allowed and the decision cf the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Sec. 9.1-~ EstaBlishment of office o~ fire chief~ duties of fire chief. (a) The Virginia Statewide Fire Prevention Code, 1987 Edition, as herein amended, shall 'bm enforced by the ehie~ of the fire department of the county which is hereby established and shall be operated under his supervision. (b~ The chief of the fire depart~ent shall be appointed in accordance with Section ~.8 of ~he Chesterfield County Charter. (c) The chief of the fire department shall be charged with ~he p~evention of fires and the pretectica of life end property against fire, and he shall he responsible for the maintenance and care of all ~roperty and equigment used by his department, the planning and directing of all fire fighting and fire proven:ion activities, the pesfo~manc~ of various miscellaneous public s~rvices of an emergency nature and the management of personnel and ail operations o~ the fire department. (d) The chief of the fire department may detail such members of the fire department as insDectors am shall ~rem time tO time become n~uessary. ~e shall r~¢on~nd to the Board of Supervisor~ the employment of technical inspectors, who shell be selected through an examination ~o determine their fitne~ for the ~c~ition. {e} The chief of tho fire department shall make a report annually to the County Administrator of the activities of th~ fire department; it ~hall contain all proceedings under this code, wi~h such v~al $~a=i~ios as ~he chief of the fire department may wish to includ~ th%rein; the chief o~ the fire dspar~ent shall u!so recommend =ny ~ndments to the fire =ode 88-294 Sec. 9.1-~ Appeals. When it is claimed that t~he provisions of this chapter or the V~rginia ~tatewide Fire Prevention Cod~, 1987 Edition, as herein amended, do not apply or that the true intent and meaniDg Of ~ith~r cod~ have b~en mi~conntrued, or wrongly interpreted, the aggrieved party may appeal the decision of the fire official to the Board O~ Appeals within seven days from the date of notice or order of the fire official in accordance with the provisions cf SecClon F-105 of the Virglaia Statewlde Fire Prevention Code. Sec. 9.1-6.1 Board of Appeals. The Board of Building Code Appeals is hereby appointed as violation of the Vi~qinia State~ide Fire Prevention Code or this Chapter when aggrieved by any ~eoieion or interpretation of the fir~ official. The Board sh~ll function in conformity wi~h Seetlon F-105 of th~ Virginia statewide Firs Prevention Code. Sec. 9.1=7 Fenalties. (a) Any person ~ho shall violate any of the provisions of this Code or the Virginia Statewi~e Fire Prevention Cede, 1987 ~ition, ag herein amended, or fail to comply therewith, or who ~hall violate or fall to uomply with any order made thereunder, or who ~hall fail to comply wikh such an order a~ affirmed or modified by the board of supervisors or by a court of competent jurisdiction, shall severally for each end every such vlola~ion and noncompliance respectively be g~ilty of a Claes One misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment of not more than twelve months or by both such fine and imprisonment. The imposition of one penalty for any single violation shall not excuse the violation or permit it ~O OOntinn~ and ~ach day %hat ~uch. violation continue~ ~hall constitute a separate offense. (b) In addition to the penalties specified in SecUion 9.1-7(a), ~he chief of the fare ~epartm~nt or hf~ duly ~utho~ized representative may invoke any other lawful procedure, such as injunction, abatement, or otherwise, as may violation of this chapter. Sec. 9.1-8 Authority of fire marmhal and assistant fire marshal's. The county fi~e marshal or his assistants, appointed pursuant to Section 27-36 of the Code of Virginia, 1955, as a~ended, shall have the authority to arrest, to procure and serve warrants and to issue summonses in the manner authorized by general law for violations of this chapter and of all fire ~af~ty, fire preven=ion and relate~ ordinances, as permi=~e~ by Section Z7-~4.2 of ~he Code of Virginia, 1950~ as ~snded+ Ayes: Mr. Applegate, Mr. Sullivan, Mr. Currin and Mr. Mayas. Absent: Mr. Daniel. Ii.A. ANiEBDMENT TO POLICE JOINT AVIATION AGREEMENT AMONG CH~STE~I~LD, ~NRICO ~d~D RtC~gOND On motion of Mr. Sullivan, seconded by Mr. Mayas, the approved and ratified an amendment to the Potiee Mutual Aid Joint Aviation Agreement among the Counties of Chesterfield and Henrico and the City o~ Richmond to permit joint purchase/ownership oi a third aircraft, which shall al~o be used by the 9oint aviation unit. (It is noted f~nding of thLs ~hird aircraft is in the Police Department budget and 88-295 approximately $50,000. A copy of said agreement is filed with the papere of this Board.) Ayes: Mr. Applegate, Mr. Sullivant Mr. currin and ~r. Mayas. Absent: Mr. Daniel. ll.B. CONSENT ITEMS ll.B.I. STATE ROAD ACCEPTANCE This day %he County Environmental Engineer, in accordance with directions £rom this Eoard, made report in writing upon his examination of Ca~tlestone Road, Castl~ Mill Road and Robious Crossing Drive in Queenepark, section A-l, Midlothian District. Upon considaratinn whereof, and on motion of ~r. Currln, seconded by Mr. Sulli~an~ it is resolved that Caetlestone Road~ Castle Hill Road and Rebious Crossing Drive in Section A-l, Midlothian District, be and they hereby are established as public roads. And be it further resolved, t-hat the Virginia Department Of Transportation, be and it hereby is requeete4 to take into the secondary System~ Ca~tlestone Roadt beginning at existing Big Oak Lane, State Route ~15, and going northerly 0.23 mile to end at the intersection with Castle Hill Read; Castle Hill Road, beginning at the intersection with Castlestcne Road and qoing southerly O.16 mile to end in a cul-de-sac. Again Castle Hill Road, beginning at intersection with Castlestone Road and going northwesterly 0.03 mile to end at proposed Castle ~ill Road, Queen,park, Section B; Robioue Crossing Drive, beginning at existing Roblous Crossing Drive, State Route 832, and going northeasterly 0.33 mile to the intur~ecticn with proposed castle Hill Road, Queen,park, section B, then continuing northeasterly D.Q1 ~il~ to end at proposed Robious Crouuing Drive, Queensp:rk, section ~. This request is inclusive of the adjacent sloDe, sight distance and designated Virginia Department of Transportation drainage easements. These roads serve 32 lots. And be it further resolved, that the ~oard of Supervisors guarantee~ to %he VirgiDia DepartmeDt O~ Transportation a 50' right-of-way for all of these roads. This section of Qneenspark is recorded as follows~ Section A-1. Plat Book 50~ Pa~e~ 12 & 13~ July 22, Ayes: Mr. Applegate, Mr. Sullivan~ Mr. Currin and Mr. Absent~ ~r, Daniel. This day the County Environmental Engineer, in accordance with directions ~rom this ~oard, made r~port in writing upon his examination of Oxbridge Road in ~ayfair ~stntes, S~ction D, Clover 5ill District. Upon ccnslderetion whereof, and on motion of Mr. Curr{n, seconded by Mr. Sullivan, i% is resolved that Oxbridge Koad in Mayfair Estates, Section D~ Clover Rill District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Dep~rtment of Transportation, be and it hereby is requested to take into tho Secondary System, 0xbridge Road, beginning at existing 0xbri~ge Road~ State Route 2080, and going ~outherly 0.25 mile to end in a temporary turnaround. ~-296 This request is inclusive of the adjacent slope~ sight distance and designated Virginia Department of Transportation drainage Thie road serves 30 lots. And ~ it fnrth~r re~olvad, ~hat the Boa~d of Supervisors guarantees to the Virginia Department cf Iransportation a variable width 50' to 60' right-of-way for ~is road. This section of Mayfair Estates is recorded as follows: ~ection D, Pint Rook 54, Poge~ B5 & S6, October 20, ~9S6, Ayes: Mr. Apptegate, Mr. Sullivan, Mr. Currin and Mr. Mayas. Absent: M~. Daniel. ll,B.~. 1988-89 LITTER GR~i~T PROPOSAL On motien of ~r, Currin, seconded by ~r. Sullivan, the ~oard adopted the following re~olution~ WBE~EAS~ The Beard of supervisors ~eeognizes the existence of a litter problem within the boundaries of Cheseerfield County; and WHEREAS, The Virginia Waste Management Act provides, through the Department of Waste ~anagement, Division of Litter Control and Recycling, for the allocation of public funds in the form of Grants for the purpose of enhancing local l~tter Control and recycling programs; and W~ER~AS, Having r~viewcd and considered the Regulations and the Application covering administration and use of said funds; and W~A~ The Board of Supervisors hereby endorses and in the et%ached Application Form LCG1. NOW~ THEREFORE, BE IT RESOLVED, That the County Administrator plan, budget and apply for a Grant which, if approved, will b~ uned to fund ~aid Program; an~ ~E~t~Y requests the Department oi Waste Management, Division Of Litter Control and. Recycling to consider and approve said Application and Program, said Progra~ being in accord with the regulations governinq use and expenditure of Ayes: ~r. Applegate, Mr. Sullivan, Mr. C~rrin and Mr. Absent: Mr. Daniel. I1.R.~. ~EQUEST~ FOR ~I~GQ/Pu%FFLE P~PJ~IT On motion of Mr. Currin, seconded by M~. sullivan, the ~eard approved th~ request for a bingo/raffle permi~ for the Greenfield ~lementary School ~TA for the calendar year 1988. Ayes: Mr. Applegn=e, ~r. Sullivan, Mr. Curr~n and Mr. Mayas. Absent: Mr. Daniel. ll,B.4. APPOINTMENT OF SERGEANTS RICBARD W. COFFEY AND MARK NUGENT AS ASSISTANT FIRE MARB~IALS On ~otion of ~r. Currin, seconded by Mr. ~ullivan, the Doard appointed Sergeant Richard W. Coffey and serqeant Mark R. ~ugent ~s A~siB~ant Fir~ Marshals pursuant to Section 27-36 of the Code of Virqinia, 1950~ ae amended. ~8-297 Ayes~ Mr. Applegato, Mr. Sullivan, Mr. Currin and Mr. Mayas. Absent: Mr. Daniel. ll.B.5. AGREEMENT TO ASSIST NATIONAL PARE SERVICE IN STUDY OF AREA CIVIL WAR SITES On motion cf Mr. Coffin, seconded by Mr. Sullivan, the Board approved and author£~ed the County Administrator to execute a Memorandu~ of Agreement for the Chesterfield County Preserve- tion C~ittee and Historical Society to assist the National Park Service in the shady of Civil War battlefield sites in Chesterfield'County and other Richmond Metropolitan ar~a jurisdictions bO i~entify sited Of historic importance and suggest methods to preserve same through private a~ public action. (A cody c~ said Memorandum of Agreement is filed with the pap~r~ of this Board.) Ayes: Mr. Appleg~te, Mr. Sot'liven, Mr. Currln an~ Mr. ~ayes. Absent: ~r. Daniel. ll.B.5. AGREEMENT FOR ~ R~CO~DS MANAGE~iENT S~STEM STUDY FOR THE COUNTY UTILITIES DEPARTMENT On motion of Mr. Currin, seconded by Mr. Sullivan, +~he Board approved an~ authorized the County Administrator Lo execute a contract in the amount of $35,000 with Oreenhorne & OIMara, Ibc., for a records magagsmen= system study o% existing water end sewer facilitie~ fe~ the County Utilitie~ Department. (It i~ not~ funds are available for thi~ study in the F~$7-88 operating Budget.) Ayes~ Mr. Applegate, Mr. Sullivan, Mr. Currin and Mr. Mayas. Absent: Mr. Daniel. li.B.7. SET DATE FOR RUELTC ~ARING TO CONSIDER T~E CO~VEY~NCE OF A LEASE OF REAL PROPERTY AT HUGUENOT BARK TO O~ERATE EXISTING LEASE TO RICKMOND CONCESSIONAIRE On motion of Mr. Ceftin; seconded by Mr. Sullivan, the Board approved the request of the Nuguene% Li~le League to assign the existing lease cf real property at Huguenot Park to date of May 11, 1988, at 7:00 p.m.~ fo~ ~ p~blic he,ring to consider the conveyance of said lease. Ayes~ Mr. App!egat~, ~r. Sullivan, ~r. Currin and Mr. Mayas. Absent= Mr. Daniel. It was noted the current lessee will be continuing operations until appropriate action has been taken et the May 11, 1988 public hearing to provide a smooth transition of n~vic~n, ll.C. SET RATE FOR PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING TEE CODE 0F TH~ COUNTY OF CHeSTeRFIeLD TQ DIVID~ THE VOTING PRECINCTS OF SYCA/~ORE AND ~WIFT CREEK On motion of Mr. Sullivan~ meconded by Mr. Mayas, the 5card set the date of May 25, 1988, at 9~0O a.m., for a publio hearing t0 consider an ordinanos amending the Code of th~ County ~f Chesterfield, relating to the division of Swift Creek and sycamore Precinct boundaries and polling placem. Ayes: Mr. Applegate, Mr. Sullivan, Mr. Currin and Mr. Mayas. Absent~ ~r. Daniel. 88-298 ll.D. COMMUNITY DEVELOFMEMT ITFi~E ll,D.1. VIRGINIA DEPARTMENT OF TRANSPORTATION NOISE ABATEMENT POLICY On motion of Mr. Currinr seconded by Mr. Mayas, the Soard approved the proposed County statement relative to the Virginia Department of Transportation (VDOT) Noise Abatement Policy and authorized thc vice Chairman~ in the absence of the Chairman, to present said statement at the public hearing to be cendus%ed on May 3, 1988, at 7:80 p.m., at the VDOT cente~ office auditorium. Ayes: Mr. Applegate, Mr. sullivan, Mr. Currln a~d Mr. Mayas. Absent: Mr. Daniel. ll.D.2, CONSIDER REPURCHASE OF AIRPORT I~DUSTRIAL PARK PROPERTY FROM ME. GEORGE K. KCRAGET On motion of Mr. Coffin, seconded by Mr. Sullivan, the Board approved and authorized the County Administrator to e~ecute the necessary documents for the repurchase of approximately .609 of an acre ~ro~ Mr. George K. Kcraget at the price of $25,0O0/acre and appropriated an Amount n~t to e~eeed $15,225 from the Industrial Park Reserve Fund to pay for thi~ repurchase. (It ie noted this property is repu~cbased at th~ original price and can be added to the vacant property to the rear which is currently being marketed.) Ayes: ~r. Applegate, ~r. Sullivan, Nr. Currin and Mr. Mayas. Absent: Mr. Daniel. ll.B. APPOINTMENTS 11.E.1. COMMUNITY SERVICES BOARD On mo~ion of Mr. Currin~ SeooDded by ~r. ~ulllvan, the Board nominated Mrs. Betty M. Beverly~ ~ep~ee~nting the B~rmuda ~aglsterial District, to serve on the Community Services Board, whose formal a~pointment will be made on May 11~ 1988. Ayes: Mr. Applegatu, Mr. Sullivan, ~r. Currin and Mi. Mayas. Absent: Mr. Daniel. I1 .E.2. INDUSTRIAL DEVELOPMENT AUTHORITY O~ ~otion n~ Mr. Sullivan, ~eco~ded by Mr. Currin, the Board nominated ~r. Todd Lumadue, representing the Midlothlan Magisterial District, to serv~ on the Industrial Development Authority, whose formal appointmen= will be made on May 11, Ayes: Mr. Applegat~, Mr. Sullivan, Mr. Currin and Mr, May~, Absent: Mr. Daniel. UTILITY DEPARTMENT ITEMS ll.F.1. AWARD OF CONTRACT FOR BERMUDA ELEVATED WATER TA~K On motion of Mr. Currin, seconded by Mr. Sullivan, the Board awarded Co~tract NtL~ber W85-4B for the construction of the Bermuda Elevated Water Tank to the lowest bidder Ssi in the amount c~ $968,8U~ from account 5H-5835-504N, which funding for this project has been previously appropriated and authorized the County A~inistTator to execute any necessary d0=uments. 88-299 Ayes: Mr. Applegate, ~r. Sullivan, Mr. Currin and Mr. Mayer. Absent: Mr. Daniel. ll.F.2. RE~ORT$ Mr. Sal~ preeented the Board with a report on the developer water and sewer contracts executed by the County Administrator. ll.G. R~PORTS General Fund Contingency Account, General Fund Balance, Road Reserve Fund, District Road and Street- Light Fund, Lease Purchases, School Literary .Loans, School Board Agenda, and the ~oard of Supervisors Meeting Schedule. Mr. currin stated he and Mr. S~ith recently visited Henriuus Park at which they were made aware of a potential problem with an overflow of fly ash ~Yem the VA Power plant being introduced into the old James River. ~e expressed concern relative to the pctentlal pollution of the river and stated the ~attsr has bean turned over to th~ Planning Department ~taff for investigation. On motion of Mr. Coffin, ~eeended by ~r. Sullivan, the Beard went into Executive ~es~iOn to discuss personnel ma~ters~ pursuant to Section 2.1-344(a} (1) of the Coda of Virginia, Ayes: Mr. Applegate, Mr. Sullivan, ~r. Currin a~d Mr. Hayes. Absent: M~. Daniel. Reconvening: MEET ~ITH STUDENT~ PARTICIPATTNG IN MOD~L GOVERNMENT DAY The Board met individually with students participating in Mod~l County Government D~y activities ~o ~iscuss/~e$crib~ the duties rsqnired ef the local government po~iticns those students would ll.J. LU~CH Tho Beard re~e~ed tc travel te the County Airport Cresswind Restaurant for lunch with the Ccnununity ~ervices Board. ll.M. D~DiCATION - CHESTERFIELD VOCATIONAL S~RVICB~ FACILITY The Board at=ended the dedioa%ien ceremony of the Chesterfield Vocational S~fvio~e facility at th~ Airport Industrial Park. 88-300 Mr. Applegate reconvened the meeting et ~:OO p.m. ll.L. REQUESTS FOR MOBILE HOME PERMITS 88SR0048 In Bermuda Eag~sterial District, JOEL W. FULG}L%M renewal of MobiI~ Eome P~rmit 835R040 to park a mobile home on property ~ronting the north line of West E~ndr~d Read, approximately 490 feet east of Centre Street, and better known as 4210 west Hu~red Read. Ta~ ~ap 115-7 (1) Parcel 15 {Sheet Er. Jacobsen stated staff reconkqlended approval of this subject to stan6ard conditions, as thi~ i~ a ~en~al for an ~xi~ting mobile home that has been in ~hls location for nineteen {19) years. He added, however, because of the present development in the area, the applicant should look upon this approval as temporary and one which may er may not necessarily he renewed in the future. Er. Joel W. Fulghmm seate~ the recommended conditions were acceptable. There was no opposition present. On motion of Mr. Currin, seconded by Mr. Mayas, the Board approve4 Ca~e 85~R0048 for a period of seven (~} years, ~ubject to the following standard conditions: 1. The applicant shall be the owner and occupant of the mobile 2. 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. Oa!y one {1} mobile home shall be permitted to be parked on an indivldual lot or parcel, 3. The minimum lot size, yard setbacks, required front yard, and o~her zoning ragu~rsments ef the applicable zoninq district shall be complied with, except that no mobile hems shall be located closer than 20 feet to any existing residence. 4. No additional permanent-type living space may be added onto a mobile ~ome. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where public (Count~} water and/or sewer are available, they shall be used. 6. Upon being qraneed a Mobile ~e P~rmit~ the applicant the Building Official. This shall be done prior to installation ox relocatien o~ =he mobile h~e. 7. Any violation of =he above cenditions shall be grounds ~ur revocation of ~e Mobile ~ome Ayes: Mr. Applegate, Mr. Sullivan, ~r. Cuffln and Mr. ~sent~ MX. Daniel. 88-301 88SR0049 In Clover Hill Magisterial Di~triet~ jR~$~ AND DONNA LEWIS requested renewal of Mobile ~eme Permit 83SR05I to park a mobile hom~ on property located approximately 130 feet off ~he north line of Cogbill Aoad~ approximately 300 feet west of Old ~ion Hill Road, and better known as 6120 C0gbill Road. Tax Map 6~-4 (1) Parcel 2 (sheet~ 22 and 15), Mr. Jacobsen s=ated staff rsco~unemded approval of this requestr subject to standard conditions, as this is a renewal request ~or an existing mobile home that ha~ been in this location for twenty (20) year~. B~ a0ded, however, because of present development in the area, the applicant should look upon this approval a~ t~mporary and One which may er may not necessarily be renewed in the future. There wa~ no One presen~ to represent th~ r~q~est. There wa~ no opposition present. Mr. Applegate stated he was hesitant to approve th~ request if the applicants were not present and requested that the case be placed at the end of the agenda, 885a0050 In B~rmuda ~aglsterial Di~trict~ NOWAi%D L. WADE requested renewal of Mobile ~ome ~ermit 83SR050 to park a mobile home on appro×imat~ty 2~0 f~et ea~% of ~rince George Avenue, and better known as 15413 Appomattox Street. Tax Map 152-2 (2) Chesterfield Manor, Sea%ion L, ~lock I, Lots ~ and 4 (~heets 43 an~ 44). Mr. Jacobsen stated staff recoau~ended approval of this request~ for an existing mobile home that ha~ D~en in this location for seventeen (17( years. ~e added, however, because of present development in the area, th~ applicant should luck upon this approval as temporary and one which may or may not necessarily be renewed in the futnre. Mr. Howard L. Wade' stated the recommended ¢onditi0n$ w~re acceptable. There was ~o opposition present. On motion of Mr. Currin, seconded by M~, Mayeu, the Board approved Ca~ ~8~R0050 for a period of seven (7) years, subject to the following standard conditionu: 1. The applicant shall b~ the ownur and occupant of the mobile home. mobile homo ~it¢, nor shall any mobile home be used for rental property. Only one (!) mobile home shall he permitted to b~ parked on an individual lot or parcel. 3. The minimum lot size, yard ~%backs, r~q~r~d front yard, and other zoning requirements of the applicable zoning district shall be complied wi%b, except ~at no mobile home shall b~ located closer th~n 20 feet to any ~xisting residence. 4. No additional p~an~nt-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a ps--anent foundation, 77 Ayes: Mr. Applegate, Absent: Kr. Daniel. Where public (County) water and/or sewer are available, Upo~ bsing granted a Mobile Hom~ Permit, the applicant ~hall then obtain the necessary permits from the Office of the Building Offisiml. This shall be done prior to the installation or relocation of the mobil~ home. Any violation of the above Conditions shall be grounds for revocation of the Mobile ~ome Per, it. Snllivan, Mr. Curtis and ~r. Mayes. ll.M. REQUESTS FOR REZ0NING 88HP001 Landmark designation for DAVIS HALL. Located in Matoaca Magisterial District on property fronting the nurth linc of Universify Avenue at Chesterfield Avenue, and located on the property of virginia state university. Tax Map 1~2-6 (I) Parcel 6 (Sheet Mr. Jacobsen stated th~ Planning Commlssio~ and the Preservation Committc~ re=ommende~ approval of Landmark D~pi~natien for Davi~ Hall, ~a~ed Os the following findings: 1. This is a di~timquished building of high architectural ~uality and historic int~rese; and 2. This designation will cause no significant adverse affect There was no opposition present. On motion of Mr. Mayem, seconded by Mr. Currin, the Board approved historic landmark desiqnation for Davis ~all -- ~e~cribed as Davis ~all Located in the northeast quadrant Of the propsrty of Virginia State University On Ta~ Ma~ 182-6 {1) Ayes: Mt. Applega~c, Mr. S=llivan, Kr. Curtis an~ Mr. ~ayes. Absent: Nr. Daniel. 875133 rezoning from Agricultural {A),. R%sidential (R-7), and dential (R~lS} to Offics Business lO) with Conditional Use Planned Development. An office/commercial complex is planned. This request lles on a ti8 acre parcel fronting approximately 760 feet on the west lins of Iron Bridge Road, al~o fronting approximately 3,176 feet on the mouth line of Chippenhan Parkway, and located in the ~outhwe~t quadrant of the inter- section of these roads. Tax Map 41-13 (1) Part of Passel 1; Ta~ Map 41-14 (1) Part cf Parcel 6; Ta~ Map $2-2 (1) ~aroel and Tax Map 52-2 (3) Gravelbroek Farm, Block A, Lets 1, 2, and 3 (Sheet ~r. Jacobsen stated thc D~le District Supervisor requested Case 87S133 be deferred to May 25, 1988, as he is presently away 88-303 There was no on~ present in opposition to the deferral. On motion of Mr. Applegate, seconded by Mr. Mayer, the Board Ayes: Mr. Applegater Mr. Sullivan~ Mr. Currin and Mr. Mayas, Absent= Mr. Daniel. After a brief discussion, it wa~ on motion of Mr. Mayas, permit Case 88SN00~1, C~ESTERFIELD CABLEVISION, INC., and Case 88S020, THOMAS F. ~ECK, JR. AND JOSEPHINE F. BECk, to be heard prior to it~ ~eheduled time on the agenda. Ayes: ~r. Applegate, Mr. Sullivan, Mr. C~rrin aR~ Mr. Mayas. Absent: Mr. Daniel. On motion Of Mr. Mayas, seconded by Mr. Sullivan, the Board resolved to hear Cae~ $8SN0041, CHESTERFIELD CABLEVISlON, INC. and Cas~ 88S028, THOMAS p. BECK, JR. AND JOSEPHINE F. BECK, prior tO i~s s~heduled time on the agenda. Ayes: Mr. Applegate, Mr. Sullivan, ~r. Cursln and Mr. Mayas. Absent~ Mr. Daniel. requested Conditional Use to per, it a 100 foot tower in an Agricultural fA} District. This request lies on a 1.O acre parcel lying approximately 1,472 feet off the south llne of Beach Koad, measured from a point approximately 4,~00 feet east of Riverwa~ Road. Tax Map 109 Il) ~ert of Parcel 30 (Sheet 29). Mr. Jacobsen stated the Planning Commission recommended Mr. Nicha~l MeNeilly stated the recommended conditions were acceptable. There was ne opposition pre,ant. On motion of Mr. Mayas, seconded by Mr. Sullivan~ the Board approved Case ~SN0041, ~ubjeut to =he following conditions: 1. The plan prepared ~y PoEts an~ Minter, 1988, shall be Considered the plan of 2. This Conditional Use Planned Development shall be granted for the purpose e~ eenstr~oticq a 1OD foot ~ower, (P} At e minimum, all driveways an~ parking areas shall be gray,led and maintained to min/~ize dust problems an~ provid~ ease of ~ngress and egress. 4. There shall be no signs permitted to identi£~ this use. The base of ~he tower a~d suDp0rting guy wires shall enclosed by e six (6) foot high fencer designed to p~e- elude trespassing. As much existing vegetation as possible, surrounding the base of the tower, shall be maintained and supplemented, 'where necessary, w~th evergreen plantings having ~n initial height ~nd spac- ing to provide screening of ~ho base of ~he tower from adjacent p~epertics. A detailed plan depicting this ~equirement shall be submltte~ to the ~lacninq Depar~ant for approval in conjunction with final site plan review. Prior to release of a building permit for the tower, a copy of FAA approval shall be submitted to the Planning Depar~ent. (P] Ayes~ Mr. Applagate, Mr. Sullivan, Mr. Currfn and Mr. Mayas. Absent: Mr. Daniel. ~7S151 (Amended) In Midlothinn Magisterial District, BALMORE LIMITED PARTNERSHIP Office Busines~ (0), and Community Bu~inc~ {R-2] with Condi- tional Use Planned Development. A mixed usa development with residential, eommeroial, and industrial uses is planned. This request lies on a 78.~ acre parcel fronting approximately 1,950 feet on the ~outh line of Midlothian TUrnpike, approximately 1,450 feet eas~ Of 0t~erda!e need, and also lying at the eastern terminus cf Aldenqate Road. Tax Map 15-18 (1~ Parcel %1 (~heet 7). approval of Ca~e 87S151, subject to csrta~n conditions and aeeeptanc~ of proffere~ conditions aa~ the applicant indicated the conditions were acceptable. Applegate sin=ed Cass 87S15I woul~ be heard in its regular sequence o~ the agenda. 8SS004 In Midlothian Magisterial District, CA/6ILLE AND GLENtI DECKERT requested amendment to Conditional Use (Case 84~092) to trans- fer ownership o~ a co~erclal kennel to permit a veterinary hospital and office use in an Agricultural (A) District on 7.6 acre parcel fronting approximately 1~080 fact on the north line of ~ull Street Read, approximately 1,7§0 feet west of Otterdala Road. T~x ~ap 74 (1) ~arcel 46 (Sheet Mr. JaGobeon stated the Planning Commission recommended approval of Case 88S004, subject to certain conditions and acceptance cf a single proffered condition. MB. Camille Deckert stated the recor~mended eenditien~ were acceptable. There was ne opposition present. On motion cf Mr. SulLivan, seconded by Mr. Ceftin, the approved case 88S004, ~ubject to the following conditions: 1. The following conditions notwithstanding, tho plan en- titled "Plan A," and the Tax%ual Statement submitte~ with the application, shall be considered the plan of d~velop- ment ~or the oummersial kennel and veterinary clinic. {P) a) The existing sign shall be permitted to re~ain on the property. Eowever, if the existing sign is removed, a single aiqn, not tn exceed an area Of fifteen I15) square feet and a height of ten (10) f~t, shall h~ pernitted, identifying this use. This sign may be externally illuminated or may b~ internally illuminated if the slgnfield is opaque with tranmlucent lettmrs. b) Between th~ hours of 10~00 p.m. ~4 6:00 a.m., animals shall be confined to the interior Of the 8~-305 Prior to the issuance of an oooupancy p~rmit, feet of right of way, measured from the centerline of Hull Street Road, shall be d~diea~ed ~0 an~ for the County of Chesterfield, ires an~ unrestricted. {T} d) Access ~o Hull Street Read shall be approved by the Transportation Department. (T) e) Additional pavement shell be installed along Hull phasing of the~e improv~en~$ m~y ~e ~pproVcd by the Transportation Depar~ent at the time of plan r~view. f) Prior to obtaining any occupancy permits, a site plan that complies with the conditions of zoning shall be submitted to the ~lanning Department for review and approval. (NOTES: a) Condition 1, a through h, i~ applicable to the commercial kennel and veterinary clinic only. b) The Zoning Ordinance requires that parking paved.} The following conditions notwlth~tanding, the pla~s entitled ~'Plan ~" and "Plan C~" and the Textual Statement submitted with the application, shalI be considered the plan cf development for the veterinary hospital and office complex. a) The entire property shall conform to the Corridor Overlay District standards. (P) b) B~tw~en the hours of tO:00 p.m. and 6:00 a.m., animals shall be confined to the interior e£ the veterinary hospital. (P) c) For Plan B -- 1) At such time as public water is within 300 feet of the veterinary hospital, the owner/developer shall extend public water acroSS the front of th~ property to a point mid-way between the ~xiseing r~ei0enue a~ th~ veterinary hosplt~! and provide servic~ to both structures. (U} 2) At suuh time as public ~ewer is within 200 of the property, the owner/developer shall eKt~nd public sewer to the property and provide ~ervieu to both structures. (u) d) For P!~u C -- 1) At such time as public water' is within 500 feet of the property~ the owner/developer shall extend public wa~er across the enti~e fron~ of the property and proPide service tc all structures. 2) A~ such time as public sewer is within 500 feet of the property, th~ owner/d~veloper ~hall extend public sew=r to the property and provide ~erv~c~ tO all structures. (U) e) ~rior to the issuance of an occupancy permit, feet of r~ght of way, measured from the centerline of Hull Street Road, shall b~ dedi~ate~ to a~ for ~he County of Chesterfield~ free and unre~trieted~ unless such right of way 5as already been dedicated in all ns~ at such time that the veterinary hospital and/or o~£oe complex are developed. b) Prior to obtaining any building permits, site plans mus~ be submitted to the Planning Department for approval.; And further, the Board accepted the following proffered condition: The ma~i~xlm dev~lo~ent for the site at 16500 Hull Street Road would be 3,000 square feet for the Veterinary Hospi- tal and 6,000 square feet for each of the two (2) two-sto~y ufflcs buildings. Ayes: Mr. Appl~ga~e, ~r. SullivaN, ~r. Cut,in and ~r, ~ayes. Absent: Mr. Daniel. 88s016 In Midlothian Magisterial District, JAF~STOWN INTEPdgATIONAL, ~TD. requested rezoning from Agricultural (A) and Conv~nienc~ ~u~iness (~-1) to Community Business (~-2) on 7.9 acres with thi~ tract pXus a 10.4 acre tract currently zoned Co~u~unity Business {B-2) . A shopping center is planned. This request lies On a total of i8.~ aors~ fronting approximately 1,050 fee~ on the south line of Midlothian Turnpike, also frontin~ approx- imately 753 feet on the west line of Le Gordon Drive, and located in the southwes~ quadrant of th~ intersection of these Ioads. ~ax Map 15-10 (1) Parcels 12, 13, and 14 and Tax Map t5-11 (1) Parcels 3, S, 9, and I0 ~Sheet 7). Mr. Jacobsen stated the Planning Commission race--ended ap- prova~ of Cas~ ~S$0l~, so, jeer to certain conditions, includin~ the addendum and acceptance of proffered conditions. Me further Stated the rec~end~d conditfonm were acceptable to the applicant. Since there wa~ opposition present to the proposed r~quas%~ Mr. Appl~gate ~tated Case 88~016 would be heard in it~ regular ~e~ence ~n t~e agenda. 88S018 In MaCoaca Magisterial District, ¥IRGI~IA ASSOCIATION OF (A) to Convenience Business (B-l) on a 3.5 acre parcel plu~ amendmen~ to Conditional 0se ~lanned Developmen~ (Case 845193) to include this parcel and t~ permit use and bulk ~xceptions on this parcel and an adjacent ~.2 acre parcel currently Convenience Business (B-i). A swim club/medical rehabilitation facility is planned. Ibis request lies on a total o~ E.7 acres lying approximately 660 feet off the west line of Iron ~ap 95-16 {1) Parcel 12 and Tax Map 96-13 (1) Part of Parcel 21 approval of Case 885018, subject to certain conditions. Mr. Ashley Williams, representing the applicant, ~tated recommended conditions were acceptable. There was nc opposition present. 88-307 On motion of Mr. May~m, n~conded by M~. Cnrrin, the Board approved Case 885D18, subject to the following conditions: 1. Th~ following conditions notwithstanding, the plan prs- pared by Austin ~rockenbrough and Associates, datsd December 2~ 1987, and the Textual Statement submitted with ~. ~ubli¢ water shall be used. At such time that publi~ ~ewer is extended to s~rve pTopsrty southeast of the request site {Tax Map 114-1 (1} Parcels 2, 3, 4, ~, and/er 6}, the Owner/developer shall extend public sew~ along ~he west side of Route t0 to serve the site and connect all structures to public sewer. Prior to the issuance cf a building permit, a bond shall be posted in ~he ~meunt of the ~stimated cost of the required sewer extsnsion. The cost estimate shall be approved by the Department of Utilities. (u) 3. Prior to obtaining a building permit, a master drainage plan for the request property and adjacent property to the north (Tax Map 96-13 (1) ~arcel~ 20 and ]1) ~hall be submitted to, an~ approved by, Environmental Engineering. (~) (Notea; {~} The ~ntlre property lles within th~ Route 10 Corridor Overlay District and must comply with Overlay Di~trlct ~fendards. (b) Prior to obtaining final site plan approval or any building pe~mi£s, ~eh~ma%ic plan~ must be submitted and approved. (c) The conditions above supersede all pre- viously imposed conditions of Ca~e g48193 under this application.} Ayes: Mr. Appleqate, Mr. sullivan, Mr. Currin and Mr. Mayes. Absent: Mr. Daniel. 98S022 In Clover Hill ~aglsterial ~istric~, ~ILI~ B~ ~07~ r~qu~t- ed resorting from Agricultnral (A} to Comunity Business (~-2) on a O.?~ acre parcel ~ronting approximately 60 [eet on the north line of ~nll Street Road~ approximately 930 feet w~t of Clintwood Road. Tax Map 48-16 (1) Parc~l~ 17 and 23 (Sheet 13). ~r. Jaoobson stated the Planning Commission r~o~nmended approval cf Case ~8~O22. ~r. Philip ~offman stated the recommendation was acceptable. There was no eppcslt~on ps~sent. On motion O~ Mr, Applegate, ~econ~d by Mr. sullivan, the Board Ayes: ~r. Applegate, Mr. Sullivan, Mr. Currin and Mr, Mayer. Absent: Mr. Daniel. 885023 in Clover Hill Magisterial District, COLONY V~NTUP~S OF VIRGINIA requested amendment to conditions of zoning (Casos 795209 and $0s050) relative =o buffers. A furniture stor~ is planned. This request lies in a General ~usin~ss (B-3) Di~- i i i the south linc Of Midlothian Turnpike, approximately 300 feet w~t of ~ohn~ton Willi~ Drive. Tax Map 17-~0 (1) Parcels 8, and 18 (Sheet 8). Mr. Jacebson stated the Planning Commission recommended approval of Case $$S02~, subject to a sing!m condition and acceptance of a proffered c0~dition. Mr. Jerry Campbell stated the recommended condition was accept- able. There was no opposition present. On motion of Mr. Applegate, seconded by M~, Sullivan~ the Beard approved Ca~e 885023, subject to the following condition: A twcnt3--flve (25) foot buffer shall be maintained along ~he northern property line. There shall be one (t} access through this buffer. No other facilities Or $%r~eture$, other than one (1) sign, shall be permitted within this buffer. The buffer shall be i&ndmcapmd and b~rmed so as tO minimize the visibility of driveways and parking areas from Midlothlan Turnpike. Landscaping shall cen~is% of a d~tailed landscaping plan sha~l b~ submitted to the Planning Depart~ent for approval in COnjunction with final Snd further, %he Board ~cccptcd the following proffered conditicn~ Access ~hall be limited to one entrance/exit to Route 60 which shall be located along tbs eastern property llne and shared with the adjacent property to the east. ~ote: These conditions supersede Condition t of both Cases 795~09 and Ayes: Mr. ~pplegatc, Nr. Sullivan, Zr. Cur~in and Mr. ~aycs. Absent: Mr. Daniel. In ~idle~luian ~gis~crla~ District, ~AST COAS~ OIL CORPOP~TION requested rexoning fr~ Agricultural (A) to General (B-3). An entomobile service station is planned. This request lie~ on a 1.2 acr~ parcel fronting appxo×imatc~y ~ feet on the north l~ne of Midlethlan Turnpike, approximately 50 feet sash of Sturbridge Drive, Ta~ Map ~7-7 (1) Parcel ~4 (Sheet 8). Mr, Jacobsen ~tated ~he Planning Co, lesion race,ended denial of Case 88S025; however, subsequent to the April Planning Commission meeting, the applicant submittud new the st~ff r~co~n~tion. On motion of ~r. Sullivan, s~cond~d by ~r. Mayas, =he ~oard approved Case 88S0~5 and accepted the roll,lng proffered con~ition~: easemen~ agreements shall be submitted to the Department and recorded in ~h~ Cl~zk's Office ~f Circuit Court of Chesterfield 88-30~ 2. A minimum twenty-five (25) foot setback shall be main- taine~ for ell driveweys serving any gas pinups. 3. Within setback areas along ~idlo~hian Turnpike which ere tess than fifty (50) feetr a berm shall be installed. Thi~ h~rm shall be landscaped with ornamental trees end shrubs. This landscaped berm shall not ba within any sewer and/or water easements, unless .approved by tat Utilities Department. A conceptual landscaping plan depicting this requirement shall be submlttsd to the Planning Depar~nent for approval in conjunction with final site plan review. A deteiled landscaping plan depi:tlng this requirement shall be submitted to the Planning Department for approval within thirty (30) days of rough clearing and grading. 4. The following limitations shall apply to ~igns on the subject property~ a. A maximum of one [1) freestanding sign shall be property; b. Freestanding sign height shell be limited to twenty-five (2~} feet; c. Freestanding signs shall be mon~ment-~ype signs; d. Roof signs shall not extend beyond ~he roof line; e. No outdoor advertising signs and structures are p~rmittad; and f. The aggregate area of all business signs shall not exceed 1.75 sg~are lest for each one (I) foot of lot frontage. 5. The architectural styl~ of the development on the eastern 200 feet Of the subject property shall be in accordance with the el~vatio~ submitted to t/lc Planning Dependent with these proffers prepared by W, Allen RhodeP~ The the tract shall be compatible with area development. 6. 'Parking areas shall have at least five (5) square feet of interior landscaping for ~ach space. Each landsoape~ area shall contain a minimum of fifty (50} sque~e feet; shall have a minimum dimension of at least five (S) feet; and shall include at lethe one tree~ having a cluar trunk of at leest five (5) feet. The remaining area shall be landscaped with shrubs, ground cover or other authorized landscaping material. The total number of trees shall not b6 less than one {1} for each two hundred (280) square feet, or fraction ~bereof, of regained interior landscape~ ar~a. Landscaped areas shall be located $o as to divide and break up the expanse of paving, The area designated as r~quired setbacks shall not b~ calculated as required landscape area, The landscaping on the eastern ZOO ~eet of the site shall b~ installed in accordance with the eonseptual landscaping plan submitted with these proffers~ prepared by ~aet Coast 0il Corporation, dated ~arch 7, 2988, last revise~ April 18, 1988. Conceptual plans depicting this requirement on the balance of the site shall he submitted to the Planning Department for approval in conjunction with site plan review. D~tailed plans shall he submitted to the Planning Department for approval within thirty {30) day~ of rough clearing and gra~ing. 7, There shall be one entrance/exit and one entrance only onto ROUte 60. The entrance/exit shall b~ designed to @eryc both sites and the entrance only shall be locate4 towards the eastern property line. Additional pavement and curb and gutter sh~ll be provided across the entire property frontage and extend eastward along 170 ~eet along Route 68 to provide an adequate right-turn lane. The design and location of the access points shall be approved by the Transportation Department. Ayes: ~r. Applegate, Mr. Sulllvan, Mr. Currin and Mr. Mayas. Absent: Mr. Daniel. 88S026 In Bermuda Magisterial Dis~ric~, ~AIAN MUEPH¥ requested rezon- lng from Agricultural (A) to Residential (R-12). A ~ingle family residential subdivision is planned. This request lles on a 7.1 acre parcel fronting approximately 320 feet on the Centralia Road. Tax Map 97-10 (1) Parcels IQ and i1 (Sheet 32). mr. Jacobsen ~tated the Planning Commission recommended approval of Case 88S026, subject to a single condition and acceptance of proffered cendition~. Mr. John Philips, representing the applicant, stated the recorm~ended condition was acceptable. M~. Pran Williams, a resident of Che~hir~ ~ubdivi$ion, expressed uonuerns relative to how th±s particular zoning would affect her driveway and that any concern she may have about the subdivision approval.. Os motion of Zr~ Cur¥in, Seconded by ~r. Sullivan, the Board approved Case 88S026, ~ubj~ct to th~ following condition: exclusive of easements and required yards, shall be established end malntain~d along Chester Road (Route 144}. The area within this buffer shall be plan%ed, harmed, vegetation %o provide adequate screening. If sufficient approve~ by ~he Planning Department and a ~on~ posted to tion of subdivision plats. The developer shall flag the This building setback and buffer ~trip shall be noted On modify this condition at the ti~e of tentative ~bdivision review. (P&T( b. Cape COdS ~nd Tri-l~uel~ - 1,{00 square feet e. ~wo s~ories - 1,g00 ~quar~ fe~ fini~he~ 3. The following mhall be inoorpora=ed into the Declaration o~ Restrictions and record%d wi~ th~ subdivision plat: 88-311 each pla%ted lot, as recorded, nor shall said platted lots be subdivides or reaubdivided. B. Exclusive cf the main dwelling, no building, structure, outbuilding, playhouse, fence or wall shall be erected~ placed or altered on any lot until the cens~rnc~ien plans and specifications and a plan showing the location of the same have been filed with and approved by the Arohi~ec~ai Control Co~mitk~e am to square footage, quality of design and/or color with existing mtructuresr an~ as to locatlcn with raspeet te topography and fin- ished g~&d~ C. The Committee's approval or disapproval, as required in these prepose~ restxi:tions, shall he in writing. %n the event the Co~ittes or its dssi~Rat~d repre- sentative fails to approve or disapprove within days after plans and specificationm hav~ been s~b- ~itted to it or, in any event, if no suit to enjoin the oo~truetion Or al~ratien, after notice in writing of said c0nstr~cti0n ham been received by said Com~ittee, approval will no~ be r~quired and the related covenants shall be deemed =o hav~ been fully uumplied with. view on any lot~ except that one sign of no% more than seven square feet advertising ~he property for building to adver~ism the p=operty ~uring con- m%ruction and sales peri~ may also be dlmplayed; subdivision cf not more than %wenty-'four square feet. E. Mo trailer, tent, mhack, garage~ barn or other buildin~ erected on any 10g shall, a% mny t~e, ~s~d a~ a r~gid~nc~, t~porarily or permanently, nor shall an~ structure of a t~porary character be a~ a real,eDge; provided, however, khim clau~e shall not be ~on~trued' to prevent d~emtic help quarters o~tbuilding. F. ~o homeowner's ~railer shall be parkmd ever 12 in any one waak on any lot or driveway so as to visible f~0m the street. G. No live stuck, cattle, hogs~ Or goats~ a~y dog ke~el as ~efin~d by the chesterfield county Code iD tence am of %he date of th~ recordation of these re~triction~ ~hall be a!towe~ on any ~ot, nol shall any noxious or offensive trade or activity be carried on thermon, nor ~hall anything b~ done thereon which shall be or become an amn~yance or n~imance %o a groun~ for rubbimh. Trash, garbage, or other shall be kept in sanitary containers. Ail ino~nera- ~ors or other equipment for tb~ s%orag~ or disposal of such materials stall be kept in a clean and sani- tary condition in rma= yards only. Trash to piekad up by public or private gervice shall bm kept outside the bound~ of any road in the subdivision and kept wholly on the individual I. No horse or pony shall b~ stabled O~ pastured on any lot 0r parcel of land. J. NO unlicensed motor vehicle shall be parked on any lot herein for more than 60 days unles~ it is parka~ in an enclosed garage. K. No trees measuring six inches or more in diameter at a point two feet above ground level may be removed without the written approva~ of the Arohiteo~ural Control Conunittee. Approval for the removal ef trees accessory buildings will be granted unless such r~moval will o~bot~nti~lly increase the beauty of the property. This ~hall not apply to clearing of right of w~ys, and/or oa~ement~, for construction of road- trailer space. L. The following are prohibited until it has been approved by the Architectural Cont~ol COmmittee: any !o~. 2. No antenna other ~han a television antenna shall ground. 4. ~o single-story main structure shall b~ of sla~ 2. Woodsman ~iding Aluminum ~idlng O. Those covenants are ~o run with ~he land and shall bo ~hem for a period of twenty {20) years for the date additional period cf ton (lO) years unless any instrument signed by a majority of the then owners of covenan=s in whole or in ~art. approved, would Mrs, Willies hav~ ~e opportunity to como be~ore the Planning Cu~ission to address her concern~ or would Mr. Jacobsen in~ioate~ the appxoval would-be.handled by staff ordinance also de,tries specific reasons adjacent property own~r~ oould a~k to have the ca~ ~fe~ to ~e )lanning co~isslon ~or hearing and the proposed ordinance, as d~afted, owners of a proposed subdivision plat. 88S020 In Bermuda ~agisterisl District~ T~O~AS F. E~K, JR. JOSEPHINE F. BECK requested amendment to Conditional ~lann~d Developments (Cases ~6S057, 86S094, and 3~S151) rela- tive to iandscapinq, buffers, setbacks, signs, outside paging system, exterior lighting, and right of way dedication. This request lies in a General Busine~ {B-3) DiStrict on a 3.6 acre parcel fronting approximately 278 feet on the west line of Jefferson Davis ~iqhway~ alcu fronting approximately 363 feet on the south line of Drewrys Bluff Road, and located in the southwest quadrant of th= intersection of thas~ roads. Tax Map 67-3 (1) Parcel 51 ($hept 23). Mr. Jacobsen stated the subject property was zoned in April, 1986 and, subsequent to that zoning, the applicant submitted two applications to reduce the conditions of zoning~ at its June 25, 1986 m~eting the Board granted a reduction is the western buffer ~rom ~fty {50) to fifteen (15} feet and denied other requested amendl~ents to th~ application, many of which are ~ncluded in the current application; currently, the County is involved in litigation against Mr. Beck seeking to obtain compliance with the conditions of soning on the develolpment of his business with respect to the erection of a ~iqn and location of outdoor storage; the litigation is psndinq the resuI~s of the current application, ae stated tho Planning Commission recommended denial of Case 88S020. Mr. Currin stated that past history suggests the applicant did not abide by the conditions of zoning; however, ha would sugqssta eixty (60} day deferral during which time he would request chat Mr. Back comply with two conditions, which are to Complete (1) th~ landscaping along Route i and (2} the fencing/landscaping along the sou=hem property line as ~equired by the original conditions of zoning, and, if the items are not complete~ with the sixty (60) days, he would be inclined to deny the entire request. Since there was opposition present to th~ request for a deferral, Mr. Applegate stated Cass 99S020 would be heard in its regular sequence on the 87S151 (Amended) In Midlcthian Magisterial District, EAL~ORE LIMITED PARTNERSHIP requested rezoning from Agricultural (A) to R~aidential (~-151, Office Business (O), and Community Euelneee (B-2) with Condi~ tional Use Planned Development. A mixed uss development with residential, commercial, and industrial use~ is planned. This request lies on a 73.1 acre parcel fronting approximately 1,950 feet en th~ south line of Midlothian Turnpike, approximately ~,4~0 feet east of O~terdale Road, and also lying at =he e~stern terminus of Aldengate ROad. T~× Map ~O-l~ (1) ~aroel 11 (Sheet 7). Mr. Jacobsen stated at its February 24~ 19~8 meeting the Board of S~pervisors deferred Case 87S151 to atlow th~ applicant an oppor=unity to ad~ress concerns of area residents and provide the ~oard with additienal information. K~ ~tat~d~ subsequent to t~at meeting, the ~pDl~oant has submitted a revised Master Plan which reflects an amended road layout and a r~vi~d Textual Statement which eliminates many of the proposed B-3 and M-1 uses previously requested, limits indoor recreaticna~ ec~sbli~b/nents to the B-2(e) tract~ provide~ design otanda~ds for improvements and operating restrictions for certain uses, reflect~ th~ extension of Aldengate Road into the R-15 portion of the request property prohibits any road eonneo=ion be:ween Aldengats Read and any commercial, office or other non-single family residential uss and, in general, complies with the spirit and intent of the conditions imposed by the Planning Commission. ~e stated the Planning Com~is~ion r~com~ended 88-314 approval of Case 87S151, subject to certain conditions and acceptance of proffered ccnditienz. ~r. William Hurd, reprezenting ~he applicant, ~re~ented an overview of the propo~d request, explained amendments to the ~aeter Plan and Textual Statement, addressed the Corridor OVerlay District standards and their applicability to the proposed 4eve!opment, stated he felt the concerns ef area residents had been adequately addressed and indicated the recommended conditions were acceptable. Mr. Applegate disclosed to the Board that his real estate firm is iDvolved in the sale of the subject property, declared conflict of inters~t purmuant to the Virginia Comprehengive Conflict of Interest Ack and excused himsslf from the meeting. Ms. Mary Ann gale, President of the 0tterdale Neighborhood Association~ MS. Nancy D~yer; Mr. chris Welsh; MS. Cynthia Swin$on~ Mr. Rill Rreckenridge, all residents of ot~erdals Subdivision; Mr. Glen Ayers, attorney representing Rapp He~d~ ware! and Mr. Joe Ke~tner, representing ~r, Rugh Vassar Of Otterdale Subdivision; expressed concerns relative to the ~evalop~r'e intent gince only a: ~onoeptual plan had been provided as to what other types of uses were Lo be built in the negotiating power wi~h respect to the development; levels; and 9ollutlon/lltterinq/loitsring! potential increase in crime within adjoining residential neighborhoodg~ inappro- prlatenee$ and incompatibility of the proposed use with set- previously operated skating rink facilities: the ne~d for uncontrollable external activities o~ youth utilizing such food restaurant facilities from the project; notification of Otterdale ~eighborhood Association of written communication to Virginin ABC Commission regarding the possible location of an submitted petitions, copie~ of ~he proposed uses for the for their review, when ~sked, approximately 30 persons stood proposed project on long-term developmen~ in the area, concerns reqarding unknown/unidentified uses for th~ project, compliance with Corridor Overlay D~strict standards, companibility of development to that of existing shopping centers within' close prozimi=y of the subject site, buffer widths, proposed uses, st~les e~ proposed development with existing V~llage of nctiSicatien c~ concerned residents/organizations of ~chnmatio jogging trails, the close proximity of another skating rink the proposed development, ingress/egres~ to adjacent progress had bsen achieved, perhaps another d~f~rral could possibly bring those involved closer to a resolution of their differences. He stated it appeared the impaq% of %h~ development on the tranqllility and environment of the ndj&~ent neighborhoods was a significant Mr. Currin grated it appeared the propose~ Skating rink wa~ the primary i~sue of contention and suggested the applicant ~8-315 consider, if the request were approvedt prQvi4ing policing of the area from ~zO0 p.m. until Midnight seven days a week. After a brie~ con~erence with Ma. Malar Mr. Kurd stated the applicant would withdraw the skating rink from this application if the buffer wid~_hs of 50' on the Southern property line and 75' on the western property line could b~ retained ae originally,requested. ME. Hale concurred. accepted withdrawal of th~ Skating rink ~rom ~he and approved Case 875151, subject to the following condition~: 1. The follewinq conditions notwithstanding, the plan pre- pared by J.K. Timmons and Associates, %nc., revised April 1988, Ehall ba conEidered the easter ~lan. (PI (Notet The looa~ion of the joggin~ ~rail shown on conceptual d~v~lopm~nt plan ka~ been modified by Condition 5.) 2. Th~ entire property, with the Exception of the tracts developed for residential use~; shall conform with the Corridor Overlay District standards. F~rfhsr, Transportation -considerations, th~ fe~identiaI portions shall conform to the Corridor Overlay DiEtriot ztan- dards. (Note: This condition supersedes Sections T,D. and TV.C., Proposed Conditions, of the Textual Statement.} The Residential (R-151 tract ~hall ~onform with the Res- idential (R-i$) r~quiremen~s of the Zoning Ordinance, (Note~ This con~ition is in addition to Section Proposed Cendi~ions~ of the T~tual Statement.) The Restrictive Covenant~ for th~ R-IS t~act ~hali b~ recorded with the subdivision plat. ~. A fifty ~0) foot buffer shall be maintained along the (0) tract. A seventy-five (75) foot buffer shall be maintained along ~he w~st property boundary of the O~i~e ~usineE~ {O) tract. With tho exception of a six (6) foot h~gh solld privacy fence along the north and east boundaries Of these buffers, utilities which run road(e) from the Office Busine~ (O) tract to Residential IR-iS) traot~ there ~h~l~ be no jo~in~ trail~. Existing vegetation within these subdivision review for each individual lot or parcel, which abuts ~he ~uffer, a eonoe~taa% landscaping ninety (gQ) days of rough cleerin~ and ~radinq. [P,CPC&BOS) 6. Schematic plan~ zhall be submitted for entire tracts, ss outlined on the Ma~ter Plan. At the time of schematic impose additional oendition~ to insure proper land use transition and compatibility based upon the possibility that the adjacent tract(s) may be developed far the least compatibls land use psrmitted by thc conditions of ~oning. Eow~ver, if an overall land u~ plan is submitted to the Planning Commission for approval, the Planning Commission tion and compatibility based upon that plan, This land uss plan shall speci£y the exact uses ko he developed within Each tract, thereby allowing the Planning Commie- sion to address specific conditions relative to land use compatibility, transition, and appropriat~ ~it~ the schematic under consideration. This overall land use plan may be modified by the Planning Commission throughout the lite of the development subject to a revised overall plan being submitted to the Planning Commission for approval. ?. Public water and sewer shall be used. The following improvements shall be provided~ a. A twenty-four (24) inch water main shall be constructed along Route 60, item the entrance to ~ommervil~e Industrial Park to the eastern property ~ine of the request b. The on-~ite water ~ystem ~h~ll include a water main along the internal loop road with two (2} connections tO the twenty-four I24) inch water main along Route 60 and a connection to the eight (8( inch water main along Aldengat~ Road. The ~ize of the~e nain~ shall be approved by the D~partment of Utilities. c. Gravity sewer shall be extended along Micha~ Creek and aeres~ ROUte 6~ to serve the site. d. The developer is responsible for acquiring any off-~it~ ~a~ment~ n~ed to extend public water and ~ewer to the site. The developer ~hall p~ovide an accurate account of the drainage situation showing existing drainage and the impact this project will have on the site and surround- ing areas down be ~he cre~k crossing of Routs 60. (~E) 9. If it is determined that 5e Oor~n Drive will flood on a 10 year storm based on ~Itimete development of this tract, the developer must retain water on-sits such that La Gordon B~ive will not flood. These plans must be submit- ted for review and approval by the Englneerin9 Department and any necessary easements obtained prior to any vegetative disturbance. The approved off-site plan or portions must have to be implsmentsd prier to clearing. (Et) 10. Th~ c~mnlatfve pest-development release rate for all detention basins shall not exceed the capacity of existing ditch north of Route 60 and the capacity of the existing box culvert ~nder Route ~O shall not be exceeded based upon the po~t-developed 25 yea~ storm, I1. Applicant Or ~he~-¢urYeDt owner of any parcel within the development shall notify the Owners of Parcel lt, on Tax Map 1~-11{ Parcel I on Tax Map 15-14; Parcel 7 on Tax ~ap 15-9; Parsul 2 on Tax ~ap 15-10; and th~ Presidents of the 0tterdals Civic Association an~ the ~idlothian village Civic A~soeiation et their last known addre~ of th~ ~ime and da~e of any schema~io plan revi=w. (CPC&SOS)) 88-317 12. In ¢Onpunction with schematic plan review £er any indoor recreational use on the 'B-2 (C) parcel, building elevations shall be submitted to the Planning COK~BiS- sion for review and approval. {P) (NOTE: This condition supersed~ Section I.R.B, Proposed Conditions, of the Textual Statement.) 13. 'Applicant or then-current owner of any parcsl within the development shall notify thc owners of Parcel 11 on Tax Map 1§-11; Parcel i on Tax Map 15-I4~ Parcel 7 on Tax Map 15-9; Parcel 2 ch Tax Map 15-10; and the Presidents of the Ot~erda!e Civic Association and the Midlo~hian Village Civic Absociation at the last known addresses of the time "In conjunctio~ with the first schematic plan submission or f~rst tentative plan submlss~on or the first plan of development submission, a 'traffic study will be submlttsd and approved by ~he Chesterfield Transportation Department outlining the impact of prej~ct on traffic, the neede~ in~ernal road improvements and improvements needed to the ~xi~ting publXe roa~s in the area to mitigate the impa~t of this project based on the pruposed densities." {NOTE: On April 27, 1989, the applicant withdrew his request for a roller skating rink from this application. Therefore, all references to this activity are stricken f~om the TeRtual Statement filed with this came.) Ayes: ~r. Sullivan, Mr. Currin and ~r. Mayas. It was generally agreed the Board would recess for five {5! minutes. Mr. Applegate returned to ~he meeting. On motio~ of Mr. May~, seconded by Mr. Currin, the Soard ~uspended the rnle~ to hear Case SSSO~i, J. E. MUMP~KIES, SR., ~oheduled time on the agenda. Ayes: Mr. Applegute, Mr. Sullivan, Mr. Currin and ~r. Mayas. Absent= ~r, Daniel, On motion of ~r. Mayas, seconded by Mr. Sullivan, the Board resolved to hear Ca~e 88s001~ J. ~. HUMP~RIES~ SR,~ and Cas~ 88S015, CROW-KLEIN-MACFARLANE ~2~ prior to i%~ scheduled t~ms Ayes: Mr. Applegate, Mr. Sullivan, Mr. Currin and ~r. ~ayes. Absent; Mr. Daniel. In Ma~oaca Magisterial District, J.E, MUMPHRIES, SR. requested Conditional Uss to permit commercial e~temohile parking in a Convenience ausiness (B-I) District on a D.2 acre parcel 88-318 fronting approximately 40 feet on the east line of Chesterfield Avenue, approximately 200 feet south of L~ ~tr~et. Ta~ Map 182-14 (1) Parcel 13 (sheet 53/54). Mr. Jacobsen stated the Planning Commission recommended approval of Ca~ ~8S00], subject to certain conditions; however, staff recommended denial because the proposed lend use does not sonform to t. he Southern Area La~ Use and Transportation Plan which designates the property fo~ light encroachment into a predominantly singl~ family residential neighborhood and due to tho nature of the adjacen~ land uses it Sr. J. E. ~umphries s~ated the recommended conditions were acceptable. After a brief discussion, Mr. Mayes stated he had received no concerns to him and objected to the request. Ho stated he did not feel the fence installed around the ~ubject property iS denied Case Ayes: Mr. Applegate, Mr. Sullivan~ Mr. Currin and Mr. 88S015 In Midlothian Magisterial District, CROW~KLEIN-MACFARLAN~ requested xezoning from Agricultural IA) to office Business (O) with Condi%ienaI Use Planned Development to permit use and hulk e×c~ptions. An office/co~eroial complex is planned. This request lies On a 69 acre parcel fronting approximately 1~156 feat on the west line of coalfield Road, also ~renting approxi- mat~Iy 2,400 feet on the north line of Powhit~ Parkway right of way, and located in the northwest qaadran~ of the intersectio~ of these roads. Tax Map ~6-1t (1) Part of Parcel 3 (Sheet Mr. Jacobsen ate%ed the Planning Commission recommended approval e~ Case SSS015, subject to certain conditions. He stated, subsequent to the Planning Con~i~iom m~ting, reviewed condition 1~ and has proposed a modification which reflected on page 5 of the Request Analy$i$. Mr. Applegate disclosed to the Board that he Us involvsd in the development e~ the ~r&ndermill Nursing ~e property located the west oi the ~ubject parcel, declared a conflic~ of pur~nant to th~ Virginia C~pr~hensive ~onflict of Interest Act There was no opposition Mr. Charles MacParlane stated kh~ r~co~e~ conditions were acceptable with the exception of Conditions ~ 25 and 26 and ~e ~tated the applicant i~ willing to. dedicate a single permanent u~illty easement 30 foot in width aad a ~emporary c0nst~ucti0n easement ten (10) feet in width %o the County along the existing right of way of the Powhi~e ~arkway to fucilitate th= con=truction of the Upper ~wlft Creek Sewage Tran~p0r= System but i$ requesting ~hat the apDLicant not ba requested to asses %he ri~k of having to dedicate the adjauen= %o ~he ultima~e Fowhi=e Parkway/Route 288.should ~OT 88-319 Mr. Bernard Schmalz, Principal UTilities Engineer, teated the condition proposed by Mr. MucFurlan~ would be acceptable ~O the County if there wore no questions as to the lecation of the Route 288/Powhite Parkway corridor. Me stated if VDOT declared that eo=~idor for Rout~_28.8, the County would be placed in position of being e~cOnd to the Virginia Department of Traneportatlon in acquiring easements. He stated the importance of the Upper Swift Creek Transport System is of such magnitude to the County that suet a level of risk can not be assumed. He added the issue could be resolved if the applicant were to issue a letter of intent to the County for said easemente, and as such staff's condition 4 as presented in th9 Request Analysis would be satisfied. Mr. MacFarlane stated the applicant would ~emmit to such a r~quir~ment at the ti~e it is routinely appropriate to easements but feels such a requirement is inappropriate at this time. 'He slated ~hat it is unfair/unrea~onabie to expect applicant to assume all the risk of Route 28R being constructed through his property and is aaklng unly ~hat the County share in the risk of Route 288 with the applicant and VDOT. Mr. Schmalz stated the applicunt'~ Condition 4 would be acceptable if amended to provide dedication of the easements within 45 days. Mr. MacFarlane stated the applicant may not be able to accomplish ~uch action within 45 day~ but could possibly agree to one (1) year. Mr. Schmalz stated the one year p~riod would not be acceptable because the decision on the location of the Route 288 corridor will most likely be determined this su~er, and that place~ the risk upon the Co~nty. He stated the County is attempting to begin its design on tho Upper Swift Creek Transport System and have it fully operational in 18 months, and the decision on the location of the Route 288 Corridor is crucial to this action. Mr. Mayas questioned if one (1) year timeframe ~Ould be acceptable for the granting of the easements. When asked, Mr. MoCracken stated it is unlikely VDOT would acquire any easemsnts/proper~y righ%a wi%tin one (1) year even if the corridor ~or Route 288 were designated in the near future. Mr. Micas state~ the one year ~eframe would bs acceptable if the County i~ a~temptinq to protect its prior rights within the corridor to acquire right of way as it i$ unlikely VDOT will aot~ally acquire tho~e rights within the next year, Mr. Currin oonourre~ with the recommended one {1) year tlme~rame. ~e questioned if the individual developers involved in the subject request ~re having cozditions imposed similar to the conditions imposed on adjacent developers relative to expensea, etc. Mr. MeCraeken etated~ from a traffic standpoint, the con~itione are similar. Al=er fur=her discussion, it was on motion of ~r. Sullivan, ~coonded by Mr. May=s, resolved to approve Case 88S015~ u~bjeet to the following conditions: 1. The following eondition~ notwithstanding, the plan pared by Roy Ashley and Associates, Inc., dated August 21, 1987, the ~extual ~tatement Submitts~ with the applica- t±on~ and the letter dated February 1, 1988, shall be considered the Master Plan. 2. Uses shall be limited to Offise Business (O) and Light Industrial' (M-l} uses, plus those B-l, B-2, and B-3 uses requested in the Textual Statement, as amended on February 1, 1988. All B-l, B-2, and B-$ u~es, with the exception of One {1} hotel, shall be restricted to a m~ximum thirty (30) percent o~ =he gross ~!oor area of any buil~- 88-320 primarily the office/industrial park. (Note: Thim condition is in addition t© the Textual Statement, Permitted Uses.) Puhli~ water and sewer shall be u~ed. In cen~nnction with the first schematic plan submission, an overall conceptual water and sewer sy~te~ plan for the entire property shall be submitted to the Utilities Department for review and approval. (u) A single permanent utility easement thirty (30) feet in width and a temporary construction easement ten (10) feet in width shall be provided to the County no later than April 27, 1989, for the construction of the "Upper Swift Creek Transport System". The easement shall be located a~jacent to the existing right of way of the Powhite Parkway. The developer shall provide an accurate account of the drainage situation, showing exis~in~ drainage and the impact this project will hav~ on th~ mite and %h~ rounding area. The developer shall submit a con- struction plan to Environmental Engineering and VD©T providing Cdr on-site and off-site drainage facilities. This plan ~hall be approved hy ~nviro~ental lng and VDOT, and all necessary easem~ntm shall be obtained prio~ to any vegetative disturbance. The approved cfr-site plan may have to be implemente~ prior to clearing. If detention is utilized,, prior to the release of any oonupancy permits or .recordation of ~ight of way and/or pond(s} shall be established· e~ the resDonsibility of privat~ entities. An indemnification agreement shall County harmless of vectors, maintenance, and ment responsibilities, etc. Upon completion of con- struction of the detention facility, it shall be cer- tified by a professional engineer. If r~tention is utilized, the maximum permissible release rates on the proposed retention basi~ shall b~ such that the minimum drainage criteria p%rformanc~ capacity of ezisting ~aoilities ~ownstraam ska11 not ~e exceeded the recorded 100 yee~ back~ater and/or floodplain shall not be increased. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed to as not to inter,ere with pedestri- an traffic. Prior to, or in conjunction with, th~ first schematic/sub- division approval, a conceptual pedestrian walkway plan for the entire development shall be submitted to the Planning Commission for approval. This plan shall facili- tate pedestrian movements throughout th~ development and to adjacent developments. The plan shall he implemented in uonjunctioD with development of any sit~ which adjoins the pedestrian ~ystem. Detailed plans for construction cf each phase of the system shall be submitted to the Planning Department for approval in conjunction with submission cf final site plans. Signs shall comply with the requirements of the Office Business (O) District. Prio~ fo the erection of any signs, a conceptual sign package~ ~howing typiual sizes, ·colors, and materials, shall he sub~it%e~ te the ~lannin~ Department for review and approval. Through 88-32~ schematic plan review, the Planning Co~ission may modify the requirements of the Zoning O~dinanc¢ (i.e., may bs either more or ~ess restristive) to the that the spirit and intent of the Ordinance and concept of ~ke development are m~t and that proliferation is net encouraged. {Note~ This condition is in addition to Textual State- mast, 6. Signaqe.) to styles, materials, color~, and massing. No b~ilding ex,eries (whether front~ side~ or rear) shall consist of architectural materials inferior in quality, appearance, os detail to any other exterior of the same building. ~othing in this condition shall preclude the use of different materials on different building exteriors of the same building (which would be acceptable if representative of good architectural design), but rather, shall preclude the use of inferior materials on sides which face adjacent sites or face internal/external public right~ of way. No parties o~ a building construotea of unadorned cinder block Of co~ugated and/of sheet metal shall be visible from any adjoining ei~e or adjaoen% ~reDerties. in con- junction with first schematic plan submission, conceptual elevations and/er renderings depicting these requirements shall be submitted for approval. (.Note~ This condition is in addition to the Textual Statement, 7. suildin~ Facades.) 12. A minimum of thirty-five percent (35%) of the entire property' shall be maintained au open space. Open space shall be defined as that portion of a site or sites which is not covered by a building or by parking areas, drive- ways, roadways, om loading areas, (P) 1~. A thirty (3~) foot buffer shall be maintained along north property boundary adjacent to residentially ~oned property, other than p~hlic roads, and utilities that run generally perpendicular through this buffer, there shall be no facilities located in the buffer. Public roads and/or utilities which do not run p~rp~ndicular through the buffer may be permitted upon approval by the Planning and/or Transportation Departments. Fences may als0 be permitted within the buffer upon approval of the Planning Department. This buffer may consist of existing vegetation, land,taping, fencing, harming, topographical conditions, and/or a combination of t_he~e elements which will provide year-round screening of ~he development fro~ adjacent property to the north. At the time of schematic plan review for each individual parcel or lot which abut~ the buffer~ a conceptual landscaping plan shall be mitred ~or ~pprov~l. The conceptual landscaping plan shall include the general location Of existing vegetation to be retained and the location of proposed vegetation and/or other screening forms. A detailed landscaping plan ~hall be ~ubmitt~d to the Planning Department for review and approval within ninety (90) days o~ rough clearing 'grading of each site. In eases wh~ sub,tan%iai com- pletion of rough qrading is not complete at the end cf ninety (90} days, an appropriate extension msy be granted (Not~: This condition is in addition to the Textual Statement, 4. General Conditions, a. Buffer Areas.) 14. Si=es shall be designed and buildings ~hall be oriented so that loading/unloading areas an~ storage yards for company owned and opera<ed vehicles, with the exception of senger vehicles, ~r= screened from view of any ~djcining properties, building sites, or public roads. (P) 88-322 15. A minimum fifty (50) foot building and parking setback shall be maintained adjacent to all major roadways, including Coalfield ~oa~, BrandermiI1 Parkway Extended, and Pcwhite Parkway Extended. ~owever, along Powhite Parkway Extended, the ~lanning Comalission may the parking setback to twenty-five (25) fe~t provided that the vegeta%i0n which is to bo rotainod within Powhite Parkway Extended right of way plus the ration in the tw0nty-five (25) foot setback, acoom- plish%s tho spirit and intent of the fifty (50) foot setback. A twenty-five (25} foot parking setback shall be maintained along any other public or private roads. These setbacks shall be landscaped so as to mlnimizs the view of parking areas from public rights Of way, 16. Prior to or in 00njunetion with schematic plan approval within each individual ~ite, a conceptual land~caping plan shall be submitted for approval. This conceptual plan shall reflect the required open space, ~etback~, buffern, screeninq cf loading areas, and other criteria as Outlined in the Textual Statement and~ herein. Within landscaped areas, e×isting vegetation shall be retained. Prio~ any clearing or grading, th~se are&$ sh~ll b~ flagged the Plannin~ Department ~halI he contacted to inspect the buff~rs~ Within Dinety (90) days cf rough clearing grading, detailed plans depicting the=e requirement~ ~hall be submitted to the Planning Department for approval. (Note: This condition is in addition to the Textual Statement, 4. General Conditions, c. Landscape Plans.) 17. a. In conjunction with the approval of this r~quest, an exception to the maximum three (3) story or forty-five (45) toot heighh 1/~itation for permit one (1) eight (8) story hotel. b+ Any building, or portion thereof~ located within 200 ~eet of the ultimate right of way of Powhite Parkway Extended and lyinq between Brande~mil! Parkway aad the proposed lake ~hall not exceed e height o~ four (4) stories. This condition supersedo$ tho Statement, 11. EKoeptlcns.) a. In conjunction with the approval of thiD regnest~ an ~x~sptlon to parking space $1~e requirements shall be granted, ~ubject to compliance with minimum parking Corridor overlay District. b. In conjunction with the approval of this request, a width reguirem~nt ~hall be g~anted fo~ parking spaces which are located within parking decks, provided that required handicapped parkAng shall be a minimum oS 12.5 feet in wi4th. Land- scaping shall be accomplished ar'ound the perime- ters of parking deck~ ~imilar to land,ceDing a~ound the perimeters ;of office buildings. Con- ceptual planm ~epictinq thi~ reguiremant shall b~ submitted for approval in conjunction with ~h~- marie plan review. Detailed plans shall be sub- matted to the Planning Departr~ent for approval within ninety (90) days of 'clearing and rough grading. {P] (~ote~ Thi~ ¢ondition is in addition to the Textua~ statement, 8. Parkin~ S~ace Size Req%%irement~.) 88-22~ 19. The Master Plan submitted with the application shall be considered the master road plan. Approval of the plan by the County does not imply that the County gives final approval of any particular road alignment or section. Access points to Srandermill Parkway Extended, Powhite Parkway, Coalfield Road, and all site roads shall be approved by the Transportation Department at the time of schematic plan review. 20. In addition to submission of Ioad and drainage plans to VDOT and Engineering Dapartment~ the plan shall also be submitted to, and approved by, the Transportation Department. 21. Additional right of way along Old Hundred Road/Powhitc Parkway tO ohtaim a minimum of 100 feet, measured from centerlins, shall be dedicated to and for th~ COunty of Chesterfield, free and unrestricted. This dedication shall occur prior to the issuance of a building permit. (TI Prior to the issuance of a bui14ing permit, if not already dedicated, a total of nih%by (98) feet of right of way for the extension of Hrandermill Parkway from Powhit~ Parkway/Old HRndred Road to the northern property lin~, shall'be dedicated to and for the County of Ghesterfield~ free and unrestricted. 23. The maximum density of this project shall be 650,000 square feet of office, 1O0,00O square feat of office r~search and development, and 250 room hotel, or equiv- alent densitlas as approved by the Transportation Department. (T) 24. The initial development of this propmrty shall towar4~ the northern property line (i.e., proposed Buildings A, B, C, D, ~, and P). Development of the ~outhern part of the project (Buildings G, ~, I, and J) shall only OCCur after ~he northern pax~ of ~he has been developed, or after VDOT has selected a final location for Route 288, or in any event, after December 31, 19S8. 25. The davelepe~ ~halI be responsible for the following improvements if, and only if, existing proffers and sommitments by others are not provi4e4 and studies of the traffic generated by the Acropolis Development shew that such improvements are ~ece~sary. a) Construction of two (2) additional lanes along Coalfi~ld'~Road'(i.e., a four (4} lane facility) from the 91ts Road intersection SOUt~ of ~owhite Parkway. b) Additional pavement along coalfield Road to provide l~ft- and right-turn laneu. Constr~ctio~ of two (2) lan~s {to make an ultimate four (4) lane faoil~by) on Srand~rmill Parkway Extended from Powhite Parkway/Old ~undred Road to the nor%hera property lin~. d} At the Powki~e Par~way/'Coal~£std Roa~ interchange; 1) The westbound Powhite Parkway ramp onto north- bound Coalfield Road, 2} The southbound Coalfield Road loop onto east- bound Powhite Parkway~ 3} The eastbound Powhite Parkway ramp to Coalfield Road, and 8~-324 4) The necessary right of way to acco~moda[~ th~ improvemente. e) If warranted, full cost of signalization at the Site Road/Brandermilt Parkway ~nded in%erse¢~ioD, and one-half the cost of signalization at both the Sits Road/Coalfield Road, and ~ewhlte Parkway/~randermill P~rkway ~xtend~d intersections. {T) In con~unction with ~he first schamatic plan zuk~i~ion, a phasing plan for the required road improvements with ~upporting traffic analysis shall be submitted to, and approved by, the Transportation Department. I~ the phasing plan indicates that access to this property is limited tQ Brandermill Parkway ~xtendad, the building permit shall not be i~ued for mor~ than %00~000 Square feet of office, 10O,OO0 square feet of researoh and development, and a 250-room hotel, or equivalent trafflc based on the previously submitted traffic analysis prepared by Wilbur smiuh Associate8 dated February 18, 1988. Addlti~nal densiti~ shall be permitted if Developer's tra~flc study, which shall be approved by the addition, if a transportation ~ystem manag~ent plan Transportation Depar~ent may approve an increase office or equlvalen~ traffic genera=ors as datelined by of each phase, if requeseed. Roadway ~provsments shall the Transportation Department from projections set forth in ~e traffic atudy'prepared by Wilbur Smi~ and Associ- ates, date0 Dscember 11, ~987, and February 19, 19E8, and improv~snts uannot be provided, the Plannln$ Co~ission acceptable levels o~ service are provided as determined by the Tra~portatio~ Department. (Note: Prior to obtaining site plan approval or building M~tropolitan Planning Organization 88S016 In ~idlothian Magisterial District, JAMESTOWN I~TERNATIONAL, LTD. requested resorting from Agricultural (A) and Convenience Business (B-l) to Community Business {B-2) on 7.9 acres with 88-325 Conditional Use Planned D0velopmsnt to permit use exceptions on this tract plus a 10.4 acre tract currently zoned Community Business (B-2). A shopping center is planned. This request lies on a total of 19+3 notes fronting approximately 1,060 feat on the south line of Midlethian Turnpike, also fronting approxi- mately 753 fee~ On the west line of Le Gordon Drive, and located in the southwest quadrant of the intor~ection of the~e reads. Tax Map 15-10 (1) Parcels 15, 13, and 14 and Tax Map 15-11 (1) Par0sls 3, S, 9, and 10 {sheet 7). Mr. Jacobsen "stated the Planning Commission recommended approval of Case 8SS016, nnbj~t to Certain condltion~ and acceptance'of proffered conditions. overview cf the request, stated the applicant has agreed to conform to the Corrido~ Overlay District Standards, has proffered conditions which restrict the uses already permitted in the e~isting B-2 add S-I zoned tracts as well as the proposed ~-~ traot, added a proffered condition as indicated en the distributed addendum to notify the Otterdals Neighborhood Association and Ls Gordon Civic Association o~ schematic 91un review by the Planning Commission, met with area residents to resolve eo~cerns which arose an~ were expressed as a result of consideration of the Belmore ~esoning request, stated the developers have ~greed, through proffered conditions, to take ~teps n~ce~ary to ensure that the ~'Ivl~mont" residence located on th~ subject property is preserved, and stated the recommended cendltions were acceptable_ Ms. Elaine B~ard, a resident of Le Gordon Drive, ~xpressed concerns relative to last-minute revisions being a~ded without area r~aidents being notified, proposed uses of fast-foo~ reataurants, !it=ar, loitering, proper identification of the area civic association being the ~idlethian Uillage Civic Association, inappropriate location for proposed development, etc. Civic Association i~ more commonly known a~ the Midtothian Villag~ Ci~io Association, and queaticned if Jamestown In~ex- na%ional~ Inc. did not ultimately acquire tho' 5.29 =cra parcel owned by the Episcopal Church, if ~uoh parcel may be used a~ a church or other place of worship, including parish houses and Sunday schools. Mr. Micas indicated the applicant's proffered oondition~, with respect to uses, provide flexibility for the ohuxch. On motion of Mr. Sullivan, seconded by Mr. Currin, the Board approved Case 88S016, subject to the following conditions: 1. The following ¢onditlon~ netwithstandin~, the Statement and the proffered conditions submitte~ with the application shall be considered thm Master Plan. l. Public water an~ sewer shall be ~ed. The follOWing improvemeotm mhall be provided= a. A twenty-four (24) inch water main shall be con- strutted along Rout~ 60, ~rem the entrance Sommerville Ind=strial Park to the eastern proper- ty line of the request site. b. The on-site water system shall be looped between the twenty-four (24} inch water main along Route 60 and the on-site system located On adjacent property tO the west. The trunk sewer along Michaux Creek-shall be extended acro~ Route 60 to serve tho site. g8-326 d. ~e developer shall be responsible for a~uiring any off-site easements necessary to extend public water and sewer to the site, 3. The developer shall provide an accurate account of the drainage situation showing existing draiD~ge and the impact this pr0jeot will have on the site and surround- ing areas through the railroad embankment. 4. If it is determined ~hat Le Qordon D~ive wall flood based on a 10 ye&~ ~term upon ultimate development, the developer shall re:sin/detain water on-site or make off-site improvements such that minimum VDOT criteria ara met. Thess plans shall be submitted to Environ~ mental Engineering for review and approval. Any neces- sary easements shall be obtained prior to any v~getative disturbance. The approved off-site plan, or portions, may have to ~e implemented prior to clear,nd. (EE) 5. If retention/detention is used, th~ cumulative po~t- development release rate for all be~in$ shall not exceed the capacity of th~ existing ditch or propo~e~ ditch downstream of Route 60 and shall in~ur~ that ~he pavement year ~torm. 6. The ~ntire property shall conform to t~ Corridor Overlay District standards. 7. As pertains to schematic plan approval, the applicant or the then current owner shall notify the Midlothian Villaqe Civic Association a~d the Otterdale Neighborhood Association throuqh their last known, presidends at their last known addresses and persons who file wrlttcn, r~q~eets with the Plan~inq Department, of the scheduled review of applicant's schematic plan by the Chesterfield County Planning Commission. And further, the Board accepted the following proffered conditions: t. Uses psrmi=ted shall be limi=ad =o =hose permitted in the Community Business (B-2) District, except that the fcllcwlng shall nc~ ba permltt~d: a) A~i R-88 uses as set forth in ~he Zonin~ Ordinance of Chesterfield County under Article III A R-~ Residen- tial District; provided, .however, if Jamestown Inter- national~ Inc. does not ultimately acquire the acre parcel owned by the Episcopal Church~ then ~ueh parcel may be used as a church er other place of worship~ including parish houses and Sunday schools. b) Automobile rental e) Automobile service station d) Communicatloa studios and stations e) Fraternal, philanthropic and charitable uses f) ~o~en food lock~r and ~ale$ g) Funeral homes or mortuarie~ h) Hospitals, rest, nursing, convaleecen~ homes i) LabOratories j) Laundromats and coin-operated dry cleaning k) One mobile home for an ownur cz operator cf 1) Milk distributing stations m) Occult sciences such as palm readers, astrologers, fortune tellers, tea leaf readers, prophet~, etc. n} Other motor vehicle transportation o} Pawn and second hand store~ Pest office q) Radio amd television broadcastin~ ~tudio~ and offices r) Self-service laundry establishments B$-$27 t) Telephone exchanges u) Theatres v) Veterinary clinics Further, the following additional Gzneral Business a} Drive-in establishments, including restaurants and financial institutions The quality of construction and the overall project ~hall be equal to, or hstter than, Chippenham square Shopping Center and the current standards of commercial development in the Village of Midlothian. There shall be ne industrial and/or vocational training mechanics on body repair or welding (ether than class~ reo~ lectures). As pertains tO any liquor store (commonly called A~C s~ore} use~ a) ~o such store shall be free standing or occupy in o×cs~s of one-~hird, or ~,000 square fee~ of floor space of b-he ~trUeture in which shch sto~e is located, whichever is loss. b) The applicant or the then current owner shall notify the Le G~rdon Civic ~ssociation through th~ last known DreRident at the last known addres~ns ~rem9tly upon the making of it~ first written communication to the virginia ABC Commission regarding ~he possible location of an A~C ~tor~ on +~he rezoned parsul. (STAFF NOT~: Th~ Le Gordon Civic ASsociation i~ more commonly known as the ~idlothian Village Civic Association.) ~o ~uilding, shop er ~uslness structure shall in~Iudo ~o-ealled "adult" bookstore or any shop ~pecializing in dru~ paraphernalia. 6. ~ueinese, govern~en=al cr profsseiona~ offic~ uses shall be loeat=d in utfuctu~eu Of no mcr= than two (2] stories not to exceed ahircy-fiva (~5) feet except for the use of tho Ivym~nt house. : 7. Bakery goods, if involving production on ~ite, shall b~ ~or on-premises sales onl~ and not as a central bakery for multiple off-site outlets. Nursery schools, child and day care centers and kindergarten shall have hours of operation that coincide with hour~ of operation for the ~hopping c~nter. 9. ~et shops shall s~clude outside kennels and runs, All pet shop activities, including pat groeming~ shall be con- ducted within %ks st0~e premises. 10. Printing shops shall excluds heavy 11. Tool and equipment rental shall exclude heavy construction ~quipmcnt. 12. The "Ivymont" structure shall either be maintained on tho site and incorporated into the new development or the "!vymont" structure shall be moved over land to another location south of Rt. 60 {Midlothian Turnpiku)r wast of Le Gordon Drive (Rt. 707) and east of the Norfolk-Southern Railroad. Ayes: Mr, Appt~gate~ Mr. Sullivan and Mr. Currin. Absent: Mr, Daniel and Mr. Mayas. In ~srmuda Magisterial District, JOSEPH C. NILLI~R AND S. SHAYNE requested Conditional Use Planned Development to permit exceptions to ~etback and landscaping ~equiremen~s in a Convenience Business (B-l) District on a 1.9 acre parcel fronting approximately 59I feet on ~he south llne of ~undred Road~ also fronting approximately 312 feet on Bucking- ham Street, and located in the 'southwest quadrant of tko intersection of th~se roads. Tax Map 115-10 (3) Worths Addi- tion, Lets 26, 26E, and 278 {sheet 82}. Mr, Jacobsen stated the ~lanni:g Commission recommended denial of Ca~e 85508§ because the proposed design does not comply with the spirit and intent of the Corridor Overlay District, the ~it~ can be redesigned to accommodate required setbacks and landscaping, the Master Plan represents ovardevelopment of ~ite, ~ppfovaI of ~aid r~que~t could establish a precedent for similar exceptions in ether developments located in the Corridor 0v~rlay District and the Master Plan does not conform to the approved plans for adjacent development to the west of the subject site. ~e no%ed ~he Board of Zoning Appeals had previously denied the requested exceptions. Mr. Dean 5awkins, representing the applicants~ stated the imposition of the Overlay District setbacks on this particular parcel, measured Irom tko ultimate right of way of Route 10 rande~ e~-half (1/2) the front yard of the ~ubject site useless and compliance with those standards will result in the r~moval of Q~ (1) larq~ Oak tr~e and five (5} Do~wood trees from the ~ite, two (2) of the proposed strectures could not be built an~ a substantial number of pa~king spaces wou~ ~ ~s. Dorothy Armstrong, a r~sld~ut of Ch~er, voiee~ support for imposition of th~ Co~rido~ Overlay Standards a~ those standards are designed to improve signage, setbacks, ~rchltectural styl~, landscaping, etc., in the corridor ~nd there shoul~ b~ uni£ormity of dsv~10pmeat in eh0se areas where the standards are applied. She also requested consideration be given to the development of a Elan for the village of Chestu~. Mr. Hawkins submitted petitions to the Board signed by ~esidents in favor of the request. There was no opposition present. Mr. Currin state4 the property is a joint partn,rship, owned by four sspnra:s individuals, each one desiring to ~evelop his ~ite to accommodate his needs, thus it is net possible to redesign the layout of the property. He stated~ however, he felt if the ~ite plan were revised ~t would be possible to comply w~th the front yard building setbacks but not with the parking $~tback r~qnir~ment~, Mr. Cuzrin ma~e a motion tO ~Dy the ~c~ption to the bui~ing setback requirement along West Hundred Road and approval of a 38 foot exception to =he ~0 fQQt parking setback requirement along West ~undr=d Read and a ~eduction to the requi~ed ~nterior parking lot landscaping requirement in accordance with the revised ~aster Plan by Dean E. Hawkins, dated 5 April 1988. ~r. sulliva~ seconded the motion to permit discussion. 88-329 Mr. Sullivan stated he oppomed the granting of exceptions to the Corridor Overlay Standards and could net support the request. Mr+ Applegate stated he felt that once a Plan has been adap%ed it should be ¢on£osmed ~o to include the Corridor Overlay Standards; however, this d~velopm~nt existed prior adoption of tho Corridor Overlay District Standards thus imposing the standardm on this request may have been an injustice to the property owner{s). Mr. Jacobsen mkaLed~ in terms of interior landscaping requirements, this is true but in terms of setbacks, the minimum front yard ~ekback r~quired in ~he Corridor Overlay District has been in existence past 16 years. Aye~ Mr. Currin 'and Mr. Applegate. Nays: Mr. Sullivan, as he is opposed to the granting of ~ceDtione to t~e Corridor Overl&y District Standards. Absent: Mr. Daniel and Mr. Mayes. Mr. Currin requested that ~s. Armstrong meet with him to discuss the r~ifioations of a Plan for the Village of Chmmt~r. In Clover ~ill Magisterial Di~trietr C~RI~TOP~R B. WHITE requested rezoning from Residential (R-7) ~d (R-!5) to Co~muni~y B~siness ($-2) on 2.3 aere~, plus Cendi~ ~ional Us~ Planned Development to permit use (drive-in establishments) on this trao~ and bnlk exemptions (setback and minimum acreage requirements) on this ~ract and an adjacent acrs tract zoned General Business {B-3). A shopping center is planned. Thi~ r~qu~t Ii~s on a 5.4 acrs par~al fronting approximately 470 feet en the north line of Hull Street Road, alma fronting approximately ~70 f~et on Clintweod ~oad, and approximately 540 feet on Stamford Road, and located in the northwest quadrant of the in%er~ection of Hull Street and Clintwee~ Roads. T~x Map 48-I6 (1) Parcel 13 (Sheet 13). Mr. Jacobsen ~tated the Planning Co=immicn recommmnded denial of Casa 875~71 because the ~roposed zoning and land use for the Residential (R-7) and (R-15) tracts do no% conform to Pewhite/Rou~. 288 Development Area L~nd Use and Transportation Plan, approval would represen~ com~, ,reis.1 encroachment into an e~tabilsked single family residential nezgh~orhood and approval of the requested exceptions would ba inconsistent with the adopted Corridor Overlay District Standardm. He mtat~d staff had r~cuived a p~tition containing approximately 118 signatures of residents opposed to the proposed development. There wa~ no opposition present. request resulting in commercial encroachment into an established ~in~l~ famil~ residential neighborhood. M~. Edward Willey, Jr., iepresenting the applicant, presented brief Qverview of the propo~ed rezoning and s~a~ed, ~f the Beard were to approv% the request, the recoa~ended conditions were acceptable. There was discussion relativ= to requested use exceptions, ingress/egress to the mite, th~ re~tricti0n of eom~r¢ial encroachment into the adjacent single family neighborhood, exceptionm to the Cerrid0r Overlay District Standards with respect to the 10-acre minimum r~q~uirement, etc. On motion of Mr. Applegate, seconded by Mr. Coffin, the Beard denied the request for rezoning from Residential (~-7} an~ Residential (R-15) to Community Business {B-2) On the 2,3 ac~e tract and approved Con~itionai Use ~lanned Development on the District Standards relative to the I0-acre minimum, subject to the following conditions: 1. An ex~ption to the Corridor Overlay Distrlot standards shall be gr~nted to pe~mi~ all ~en~ral Commercial uses~ including drive-in establishments. (~ote~ The aoce~ a~ ghown on the Ma~ter Plan submitted with this request~ may not be permltts~ by the Transportation Depart~ent~) Public water and sewer shall be used. (U) Mr. Applegate and Mr. Currin. Mr. sullivan, as hs is opposed to the granting Ayes: Nays: ~xc~ptions to the Corridor Overlay District Standards. Ah~ent~ Mr. Daniel a~d M~. Mayas. 9~S019 In Mi~lothian Magisterial District, ROBERT BAP~N~Y requested Conditional U~e to permi~ mini-warehouses and outdoor recrea- tional facilities in an Agricultural {A) District on a 11.0 acre parcel ~ying approximately 27~ ~ect off the north linc o~ Mi~lotdhian Turnpike, measured from a point approximately 2,050 feet we~t of Le Gordon Drive, also fronting approximately 1,246 feet on the south line of th~ Southern Railroad right of way. Tax Map 15-6 {1) Part of Parcel 1 and Tax Map 15-10 (1} Pert of Parcels 7 mud 8 {Sheet 7). Mr. Jacubson stated the Planning Cemmi~ion ~ecommc~de~ approval of Case 88S019, subject to certain conditions. Mr. Matt Farris, representing the applicant~ stated the subject propprty is not located within the Corridor Overlay District but the applicant is willing to accept all recommended condi- tions, with th~ exception of Condition 5 which he requested be modified to allow accss~ at the existing Route 6~ crossover until such time ~s th~ crossover~ are f~loeat~d. ~e al~o requested that the ~etback requiremant~ along the northern and western property lines be those ef an Agricultural (A) zoned parcel as opposed to the Overlay District Standards. ~r. ~utliYan stated h~ felt thc crossover was a safety hasard and ~ho~l~ he ¢losc~. Mr. MeCracken stated that she Rcu~e 60 urossover should be distance because of the vertical alignment of the eastbound l~Dc in bridging the Southern Railroad, the crossover is unsafe and pre~ents a serious safety hazard, and it should not be subjected to any additional traffic generated by this cr other Mr. Farr~ ~ubmitted a letter for the record from the District ~ighway Department Office, written in 1985, indicating that it would be mor~ dangerous to remove/close the crossever as it woul~ result in illegal U-turns. Mr. Glen Ayers, rcpresentiDg Rapp ~rdw~re, voiced opposition to thc proposed closing of the Route 60 crossover located directly across from the Rapp business, as such action woul4 have an adverse impact financially On ~r. Rapp's business. On motion of ~r. Sullivan, seconded by Mr. Currin, thc Boa~d approve~ Case $8~019, subject to the following eonditions~ 1. The following ¢onditi0ns notwithstanding, the plan~ prepared by Farri~ Management Company, dated December 28, 1~87, shall be =unsidercd ~he ~aster Plan. (PI 88-331 2. The entire property shall confozm with the Corridor Overlay District standards. (P) 3. At such time that public water is extended to within 500 feet of the request site, the owner/developer shall extend public water to the property and connect all structures to public water. (U) , 4. At such 'time ~ha~ public sewer is extended to within 500 feet o~ the easternmost property line, the owner/developer shall extend public sewer to the property and connect all structures to public sewer. 5. Access to this property, via the existing driveway, shall Only be permitted if tho crossover on Route 60 that aligns that driveway i~ c~os~d. If the crossover ~e not closed, access shall be provided at some point other than via the existing Orive~ay. The exact location e~ the access ~hall be approved by the Transportation Department at the time of Site plan review. Ayes: Mr. Applegate, ~r. Sullivan and Mr. Cuzxin. Absent~ Mr, Daniel and Mr. There was discussion relative eo the notification of the time of any schematic plan approvals and the Board directed transpired. In ~ermuda Naglstsrial District, TDO~A$ F. DECK, JR. A~D JOSEPHINE F. DECK requested amendment to Conditional Ts~ Planned Developments (Cae~s 86S057, 86S094, and S~SlSt) relative to landscaping, buffers, netbackm, sign~, out~d~ paging system, exterior lighting, and right of way dedication. acre parcel fronting approximately 278 feet on the west line of Jefferson Davis Highway, also fronting approximately 363 feet on the south line of Drawrys Dluff Road, and located in the southwest quadrant of the intersection of theaa roads. Tax Map 67-3 (1) Parcel 51 (sheet 23). Mr. Jacobsen stated fhe subject property was zoned 'in April, 1986 and, ~ubsequant ~o tha~ zoning, ~he applicant submitted two applications to ~eduCe the cOnditionu cf zoning~ at its Sane ~, 1986 mee=ing ~he ~oard granted a redaction ia t_he western buffe~ f~em fifty (50) to fifteen (15) feet and denied other requested amendments to the application, many of whish are included in the current application; currently, the County is invoIve~ in litigation against ~r. Beck sac~in~ to obtain compliance with the conditions of zoning on the development of h~s bu~ine~ with respect ~o the erection of a sign and location of outdoor storage; the litigation is pending the results of ~he current application. He stated the Planning C~numis~ion recommended d~n~aI of Case ~8S020. Mr. Cnrrin r~itera~ed his concerns relative te the applic~nt'n non compliance with the original conditions of zoning and stated he would like to impose a sixty (60) day deferral during Which tim~ Mr. Beck would have the opportunity to comply with two conditions, which are to complete (1) the landscaping along Route 1 and (2) fhe fencing/landscaping along the southern proper~y line as required by tbs original conditions of zoning. Mr. Dean Kawkins, representing the applicant, stated his client wos agreeable to completing th~ landscaping along Route 1 and fencing/landscaping along the southern property llne a~ required by previous conditions ~uring the ~ixty (60) day deferral. i Mr. John Moseley stated he did nde object to the recommended sixty (60) day deferral, as long as Mr. Beck complied with the two stipulations outlined by Mr. Currin. Mr. George Beadles stated he felt =he soard should make a decision on the subject request at this time and expressed couceTn that there should be a mechanism in place whereby the County can ensure compliance with the conditions imposed at the On motion of ~r. Currin~ ~econded by Mr. Sullivan, the Board deferred consideration of Case ~8S020 until June 52, 1988. Ayes: Mr. Applegate, Mr. Sullivan and Mr. Currin. Absent: Mr. Daniel and Mn. Mayes. @SSR0049 In Clover Hill Magisterial District, J~$S~ A~D DONNA requested renewal of Mobile ~ome Permit 83SR051 to park a mobile home on property located approximately 130 feet off the north llne of Cogbill Road, approximatel~ 3O0 f~et we~t of Old Zion Hill Roa~, and bet=er known as 6120 Coqbill Road. Tax MaD ~5-4 (1} Parcel 2 (Sheets 22 and 15). Mr, Sacobson stated staff reco~mend~d approval of this requ%st, subject to standard conditions, as ~hie is a re~=wal requ=s% for aD existing mobil~ home that has been in this locH%ion for twenty (20) years. He added, however, because o~ present development in the area, th~ applicant should look upon this approval a~ temporary and one which may or may not necessarily be renewed i~ the future. There was no one present to reproach% the request. There no opposition present. Mr. Applegate stated he ~as hesitant to approve the request thc appllcan%~ wer~ not present and requested that the case be deferre~ for thirty (30) days. On motion Of Mr. Appleqate, seconded by Mr, Sullivan, the Board Ayes: Mr. Appte~ate, Mr. Sullivan and Mr. Currin. Absent: Mr. Daniel and Mr. Mr. Applegate stated it had been brought to his attention that there was an e~ror relative to the det~ set flex a public hearing on Item ll.B.?., Sot Dat~ for Pubtie Hearing to Consider the Conveyance of a Lease of Real Property at Huguenot Park to Operate Food Concessions and to Consent to Assignment of the Existing Lease to RichmOnd Conceosi0nai~e~ data of Nay ~D, 1~, at ~:O0 ~.~,~ which would be the appropriately scheduled date for hearing the matter rather than ~ay 11~ 198~, at 7:00 On motion of Mr. Sullivan, seconded by Mr. Currin, Ayes= Mr. Applegate, ~r. Sullivan an~ Mt. Currin. Absent: Mr. Daniel and Mr. ~ayee. the Boar~ 88-333