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06-22-1988 MinutesBOARD OF M~N~T~S JUNE 22r 1988 Superwisors in Attendance; Mr. G. H. ADplegate, Chairmsn Mr. M. B. Sullivan, Vice Chairman Mr. Harry G. Daniel Mr. Jesse J. Maye$ County Administrator Mrs. Doris ~e~art, Legislative Coord. ~S. Joan Delezal, Clerk to ~he Board Chief Robert Banes, Fire DepaI~ment Mr. Bradford $. Bamme~ Deputy Co. Ac]min,, M~. william B. Howell, Pit. of Planning Dir. of Accounting Deputy Co. Admin., Human Service~ Mr. R. J. ~CCracken, Tran~p. Director Mr. Richard McElfi~h, Dir. of Env. Nr. Steve ~icas, Co. Attorney Mrs. ~auline Mitchell, Dir. of News/Info. S~rvices Col, joseph Pittman, Chief of Police Mr. Richard Sale~ Deputy Co. Admin., Development Mr. Jay Stegr~ai~r, Dir. of Budget Dir. Of Parks & Mr. David W~lchon~, Dir. of Utilities Mr. Fredmrick Willis, Dir. of Mr. Appleqa~e called ~he meeting to order at 9:10 a.m. (ESDT). invocation. The Pledge of Allagian¢~ to th~ Flag of %be UDi~d 'States of America was recited. On marion of Mr. Currin, seconded by Mr. Sullivan, the Board approved the minutes of June 8, 1988, as submietad. 88-437 Mr, Ramsay intreduoe~ Ms. Amy Davis, newly employed Executive Assistant to the County Administrator. The Board welcomed Ms. Davis to the Count~. Mr. Ramsay recegnize~ Chief Robert Eanes who recently graduated from the National Fire Academy'~ Executive Fire Officer Program, congratulated him On his distinguished achievement and pre,eared ~im with his diploma. Chief Eanes expressed appreciation for the opportunity to have participated in the program and for th~ support of the Board and Administration. Mr. Masden stated that Chesterfield County was selected to receive a~ award ~er its "~asar~ous Waste Day", in conjunction with th~ "Take Pride In America Program", which will be prasen=ud on the white House lawn on July 26, 1988; ~nvlted the Board to attend the presentation~ amd recognized staff members who partisipated in the program. MS. Susan Craik pre,eared Mr. Sullivan with a special pi~re commemorating his participation in Chesterfield's Spring Cleanup campaign. Mr, Jacobsen presented the Board with final copies of The Plan for Chester~ield, a =ompilation of ~he County'u five adapted- land use and transportation plan~ along with supporting community-scale and sDeelfic ar~a plans. Mr. Mayas commended Mr. Brad Bammer~ Deputy AdminiutratO~ for ~anagem~nt Services, for his recently publiphed articles in the Virginia Review regarding "Modern Landfills: Are They Just COOL, unity Dilemma?". ~r. ~ullivan reported h~ end Mr. ~ayss met w~th the utilities Department staff regarding the Utilities Rate Study and indicated a report should be ~erthooming in the near future. 6. ~EQ~ESTS TO POSTP~N~ AU=-AON, ~ERGENC~ ADDITIONS OR C~S ~ 'r~ O~ER OF On motion of Mr. Sullivan, seconded by Mr. May~, %h~ Board added Item 11.A.~., Signage Progr~ for the R~gion, which changed Item ll.A., FY88 Year-End Budget Ad~u~tment~ to Item ll.A.~.; added Item 11.C.3., Numinations/Appoin~=n~s to the Landfill Co~ittee; added I~ ll.D.~ ~en~men% ~O the May 25, J~S W, BATTLE; and adopted the agenda, as Vote~ Unan~ouu 7. ~L~IONS AND SPEC~.%L ~COG~ITIONS 7.A. DR. ALER~D S. G~RVI~, MEDICAL DIRECTOR, M~D-FLIGKT CGLL~G~ C~ VIRGINIA HOSPITAL On motion of the Board, the followinq resolution was adopted; WHEREAS, Poorer Alfred S. Gervin, Medical Director, Mad-Flight Helisopter ~ervice, Paramedic Training Program, Medical College of Virginia Eospital~ Director, Emergsncy Medical Services, Trauma Service, Medical Cellag~ of Virginia Hospital, has trained and directed the ~ed-Flight paramedi¢~ from tbs inception of the air ambulance program in 1983 to deliver tk~ most advanced on-site and in-flight patient core; and WHEREA~, Doctor Gervin has trained and cer~ifiod tbs Mad-Plight Dara~edio~ to perform certain medical procedures in th~ field that previously were conducted only in a environment u~der the direction of a physician; and WHSFd~AS, Under the lsadership of Doctor Gervin, the paramedicS' patient c~re has become almost a field extension of the ~edical Collegs of Virqinia~s Trauma Service; and WEEP~EA$, DOOtOr Gervin has provided specialized trauma care to public safety er~p10yees including Chest~rfie!d ofXicer ~. L. ~ulley who was injured in a S.W.A.T. operation, Sergeant James ~itehurst who r~ceived toxic f~es exposure a M~d-Plight Operation, and Fire Chief ~icard fr~m California who suffered an injury while attending a Fire Chiefs' conference in Chesterfield; and WME~AS, The SUCCESS of the ~ed-Flight ~rogr~ $in~e its inception in 1983 i~ due in larqe part to the dedicatsd efforts and direction o~ D~ctor County Board of SuperwisoY~ publicly recognize~ ~e contribu- tion of Doctor Alfred S. Gervin in the success of M~d-Fligh% Progr~ and extends on b~half Of i%~ members and citizens of Chestsr~ield County ~ir aDpreciaticn for the professional excellenc, and quality leadership in providing pre-hospital critiuaI emergency patient care to the c~ti=en~ Chester~ield County and the ~urroun~ing jurisdictions. vet=: Unanimous Mr. Applugatu prus~nted the executed resolution and an acrylic-sealed badge t0 Dr. Gervin and recognized Mrs. Gervin, Chief Pit,an, Police Officer M. Lee Pull~y, State $~rge~n= J~s Whitehurst, State Police First Sergeant Sr. Gervln expressed his appr~ciatlun for ~he honor bestowed upon hi~, for the Board~s support of the-Mad-Flight Progr~ which provide~ a v~ry ~pOftag9 ~e=V~G~ ~O the citizens County aS w~ll as the S~ate and for the dedicated service of those pilots and paramedicu involve~ in the Program. 7.,B. MONARCH DEVELOPMENT, INC. AND MOO~EFIELD OFFICE PA~I{ FOR COWTRIDUTION TO TS~ MOOR~FIELD CULTURAL A~D ~C~ATION PROGRA~ On motion of the Board, the ~ollowing ~e~olukion wa~ adopted: WHEREAS~ Wholesome and eeestructlve recreation is a right to be share~ by all people; and W~AS, The four special events which comprise the Meoxefiuld '~Grand Slum'~ ar~ ay%hues toward this right for citizens of chesterfield County; and WHEREAS, The financial contributions and suppert Monarch Development, Inc. and Moorefleld Office Park ha~ been ins{to,entel in the development end continuation of thi~ NOW, THEREFORE BE IT RESOLVED, f-hat the Chesterfield County ~oard of Supervisors does hereby recognize Monarch De~elopment, Inc. and Muerefield Office Park far their generous donation ~oward the Moorefield "Grand Slam." 8~-439 AND, BE IT FURTHER RESOLVED, fhat the Board of ~pervisers does hereby express its appreciation and qratitude to these m%mtbere of the corporate community for their interest in and contribution toward the quality of life in Chesterfield County. Vote: Unanimous Mr. Appleqate presented the executed resolution to Mr. John A. Vaughan, Jr., President of Monarch Development, Inc. and Mr. David Douglas~ Project Manager for ~oo~efisld Office P~rk. Mr. Vaughan presented the Doard with a check in the amount of $4~726 for its sponsorship o~ Moorefield Grand 7.C. WASTE 5U~AGEMENT O~ RIC~MOND, I~C. ~0R C0~TRIBU?IO~ TO T~E SPRING "CLEANUP CAMPAIGN" On motion of the Board~ the fellewinq re~elution wa~ adoptad~ ~EREA~ Chesterfield COunty i~ faced with a litter problem along its public and ~rivate roads and in various public plat=s; and WHEREAS, Citizens are encouraged to participate in the cleanup weak~ during the mon~h of May by joining =ogeth~r and conducting cleanup campaiqn~ throughout the County; and WHEP~iA~, Business and County employe~s are also encouraged go clean uD by participating in the first "Corporate Clsanup Day" which was held ~ay 7, 19a8~ and WHE~A~, Th~ success of such a cleanup was made possible through th~ suppor~ of Waste ~anagement of Ric~ond, Inc. who made significant contributions of manpower for cleanup NOW, THE~FO~ BE IT ~SOLVED, that ~e Chesterfield County Board of Supervi~or~ gratefully acknowledges the support of Waste ~anagement of Richmondt Inc. A~, BE IT FURTKER ~SOLVED, tha% the Boa~a of Supervi~or~ recognizes the continual corporaee suppers vital to providing this worthwhit~ servic~ to Chssterfield County r~idents. Mr. Applegate presented the executed resolution to Ms. Bonnie Andersen of Waste Management, Inc. 7.D. OUTSTANDING ACHIEVEMENTS OF DR. GEORGE R. PAHTIN, ~CH00L SOA~D On motion of the Beard, the following resolution was adopted: W~EBEAS, Dr. George R. Partin served as a School Board me,hex repres~ntlng M~oaca District from $~u~ry 1, 1972 to June 30~ 1988; and WHEREAS, Dr. Partin'~ ieadcrski~ a~d ability were recognized and he was elected and served as Chairman and vic~ Chairman of the 8¢kool Board and headed up many other committees working on issues of major importance to the School System, its citizens and its children; and WHEREAS, Dr. Partln took a realistic and effective approach to basic educational considerations while continuing to expand an~ further develop the curriculum~ and W~A$, During Dr. Partin's tenure, fifteen schools ~ere built, including thre~ elementary ~cheol~ two-middle schools, three high schools, and a vocational-technical cen~er, with more than sixty expans±ons and improvements to existing schools; and WNEPd~AS, During the System's rapid growth, the Schools have maintained a reputation for emcellence and community involvement, the 0urriculum has been strengthened and the students have exhibited continued improve~ente and high achievements. NOW, TSER~FORE BE IT ~$OLV~D, that the Chesterfield County Board of S~pervisor$ hereby expresses its appreciation and gratitude for the dedicated efforts o~ ~r. George R. Partin while representing Matoaca District OD the Chesterfield County School Board wi~h credit and distinction. A~, S~ IT FUrTHeR ~SOL~D, that a pla~e inscribed follows b~ presented %o Dr. ~artln: DR. GEORGE R. PARTIN IN AP2R~CIATION FOR MO~ TH~ SIXTEEN YEARS OF DEDICATED SRRVICE T0 CEESTE~IELD CO,TM ~ILE SERVING A~ A BO~ REP~SENTATI~ FOR ~TOACA ~GISTERIAL DISTRICT Vote: U~a~i~o~s Mr. Appleqate stated the executed resolution would be to Dr. ~artin a~ a rece~ion in his honor. 7.E. OUTSTANDING SERVICE OF RE~-EREND DONALD VANDYKE COLBY TO CHeSTERfiELD COUNTY On motion of th~ Board, th~ following resolution was adopted: WNEREAS. Reverend Donald VanDyke Colby has served parishioners of Bet-hie Methodist Church since 1983~ and WNEREAS~ Through his efforts Reverend Colby has mad~ Bethie Methodist church available for meetings of the ~atoace Magisterial District Advisory Council, th~ Winterpock Area Citizens Association and other functions of Chesterfield county for the benefit of the citizens; and WHEREAS, Reverend Colby has displayed dedication and a~mirable sommunity concern in his participation to ~aise funds for ~he Winterpoek A~ea Citizens Association; and WHEPd~AS, Reverted Colby has been instrumental in the ~lanning of a new and larger ~acility to better serve church and the community; and WM~RR~$, Reverend Colby is a ~edioated husband and father while also finding time and energy to provide counseling and advice for thos~ need~ and W~Z, The youth of Chesterfield County have from Reverend Colby's efforts in working agalnut drug and alcohol abuse; and W~RF~$, RovereD~ Colby has unselfishly donated tremendous time and effort in his fight for clean water by actively opposing any threat to the Winterpoek community, and in aidin~ those citisens who are less fortunate. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby r~cogni~es the Reverend Donald VsnDyk~ Colby, a5 he leaves our community to serve a church in Norfolk, for his outstanding service to Chesterfield County with b~st wishes for success in his new position. Vote: Unanimous 88-441 Mr. Applegate presented the ~x~cuted resolution to Reverend Colby. JUDY SHIEH FOE OUTSTANDING ACEIEVEMENTS BY WINNING SPELLING BEE COMPETITION On motion of the Board, the following resolution was adopted: WHEREAS, The Richmond News Leader sponsors the National Spelling Dee for our region for students in grades one through eight; and WHEREAS, Miss Judy Shieh was successful in competing ~t Robious Middle School: against lofty-four mtudent~ at the Regional S~elling Bee held at Hermitage High school and against two-hundred ~tudent~ at the National Spelling Be~ held in Washington, D.C.; and WSER~AS, Judy was an eighth grader at Sale~ Church Middle School at the time of this accomplishment; and W~AS, Judy represents a caliber of student of whom we can all be proud and whose high standards present a ~hallenge and motivation to her peers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Bc~d cf Supervi$0r~ hereby rec0gni~e$ thi~ outstanding academic achievement by Miss Judy Shieh and hereby congra=~- lares her and calls this special recognition to the attention of alt its citizens. Vote= Unanimous M~. Applegate Dre~ented the executed remolu~ion to Ms. Shieh and introduced her mother who was al~0 pro~nt. 8. HEARINGS OF CITIZENS ON ~NS~D~ffRn MATTERS OR CLAIMS There were no hearings o£ citiz~n~ on unscheduled matters or claims. 9.A.1. J0~ TYLER COMMUNITY COLLEG~ LOCAL BOARD On motion Qf ~r. Mayes, seconde~ by Mr. Sullivan, the Board appointed Dr. George R. Pattie, representing Chestarf£eld County a~-large, to serve on the John Tyler Co~munity Colleg~ Local Board, whose term is effective July I~ 1988 and will ~xpiro Sun~ 30, 1992. 9.A.2. SOCIAL SERVICES BOARD On motion of Mr. Daniel, smcended by Mr. Muy~, th~ Board appointed Mr. Maurioe s. sullivan and ~r. Charles Quaiff, representing Chesterfield County, to serv~ on the Chester~ield~ Colonial Heights 'social Services soard, whose terms are ef£eetiv~ July 1, 19~8 and expire June 3O, 1992. Vote: Un~nimous 9.B. AWARD OF CONTRACT FOR SCHOOL ~ANAGEM~NT ANALYSIS STUDy (PHA~ ~} TO STaT=GIG FUTUP~S, INTERNATIONAL On motion of Mr. sullivan, seconded by Mr. Coffin, the Board deferred consideration of the award of contract for the School Management Analysis Study (Phase I) to Strategic Futures, International until July 27, 1988. Vote: Unanimous 9.C. APPROPRIATION FOR R/~PAIRS TO SEKATE STREET On motion of Mr. Currin~ seconded hy ~r. May~, the Board appropriated $SO0 from the Eermuda District Three Cent Road Fund for propoeed improvements to Senate Street at the intersection cf Libwood Avenue. 10. ~unAIC HEx%R~NGS 10.A. TO CONSIDER AN ORDINANC~ AM~NDI~¢ TH~ CODE OF THE COUNT~ OF C~ESTERFIELD, 1978, AS AMENDED BY REENACTING C~APTER ~r. Sale ~tated thi~ dat~ and time had been advertised for puhllc hearin~ to consider an ordinance to amend and reenact Chapter 18.~ Qf the Code of the County of Chesterfield, relat- ing to the Subdivision of Land. Ms. Bambie Barnette~ representing the Home Builders Association oi Richmond, voiced support for the or=tall ordinance but expressed concerns relative to requirements regarding public notice of adjacent p¥op~rty owners of tentative subdivision applications; existing language in the ordinance regarding the acquisition of land for public use; a more definitive statement of the street lighting and noise abatement standards; adopted, require that ~rb and gutter be required in all subdivlslom~ wher~ any lot has less than 80 fee= of public road frontage and where average frontage of all lots is less than ~O0 feet; ~nd that the effective date be August 24 or August 25 as it coincide~ with thc deadline for submittals for tentative approval in August, 19~. Mr. Edward Willsy, Jr., representing the Chesterfield Developer's Council, expressed concerns relative to require- ments that cur~ and gutter be required in all zoning districts classified as R-9, R-t2 and/or R-~ regardless of lot curb and gutter requirements in subdivi~ionm where lots, except those in a cul-de-sac, have less than 100 feet of fr0n%ag~; standards; preparat~¢n oi ~olse abatement s~andard~; new citizens to th~ County not be required to hear the co~t of installation of s~ch noise barrler~; deletion O£ ~he requirement of notifying adjacent property owners of tentative subdivision applications; the placement of specific and short time limits on the Board of Supervisors to deeid~ whether or days; the e~fectlve' date of the ordinance being applicable to tentative ~0bdivi$ioa~ submitted one~ month£rum Ordinance adoption; inclusion of additional languag~ in the Ordinance clarifying installation of underground utilities; the addition of a $260 fee for processing an appeal of a decision of the Planning Director~ extension of appeal periods from five (51 to fifteen (15} days: notification of the ~ubdivider of any ~iscrepancies in a final plat submit%ed for signature; the S~division Ordinance or any of its provisions not b~inq applicable t0 co~ercial/office/industrial land divislonfl, and 88~443 a~ked fhat the Board consider inclusion of the Council's rscommen~s~ changes in the ordinance. After lengthy discussion regarding moditications of the proposed Subdivision Ordinance relative ho curb and gutter, street Iiqhting, noise barriers, public notice cf adeacent property owners, acquisition of la~d for public uss, effective date, underground utilities, fees, appeals, submission and recordation of final plat, a~minlstrative approval Planninq Commission approval of tentative subdivision requestS, etc., it was generally agreed not to require curb and gutter in all zoning districts ¢lassified as R-S, R-t2 and/or R-15 regardless of !et size or width and in subdivisions where lots, except those in eul-de-bacs~ have less tka~ 100 feet of frontage; delete provisions for new public notice and noise abatement: ~ive the applicant the choice of administrative approval or Planning Co~is~ion approval £or tentative subdivision r~ques~; inelud~ ~ecom~ended language as suggested by the ~eme s~il~r's Association of Richmon~ regarding underground utilities; prepare street lighting standards for s~bssquent submittal to Board for review and approval; effective date to be August 25, 1988; acguisition of land for public use deal only with timing of reservation of land, not dedication, Nr. Applegate suggested ~he matter be tabled untfI after the zoninq session se that staff could compile the re~isions. Mr. Sullivan stated the Board had not yet addressed the issue o~ {he Subdivision Ordinance or any of its provisions being applicable to co~srcial/o~ice/industrial land divisions. Ee stated h~ felt this should no= be included in the Subdivision ordinance as it would generate another level of review, additional work for staff and wo~ld ser~e no benefit. Chfrin concurred and stated if thi~ section were not deleted it would necessitate redefining the wording subdivison in the portion of the Ordinanc~ the Board udopt~d a~ its May 25, 1988 meeting, mr. Applegets questioned i~ the Zoning Ordinance could be revised so as to redefine' "non-r~sidential" or to make a distinction which would alluw ~he review preoes~ on commercial/industrial~office ~es %o ~main as it is pre~ently b~ing further consideration of the' public hearing on ~e Subdivision 0rdinan=~ until July 27, 1988 so staff could provide more Mr. Daniel stated this matter has been be~ore the Doard quite some time and he would like to see the Board proceed with a motion to approve those items which had been agreed upon, wi~ the idea of tabling to have ~at language worked out~ After further discussion; it was on motion of Mr. Currin~ seconded by Mr. Daniel, resoive~ ua adop~ the following ordinance, with th= understanding that ~e road stripping iSSUe Zoning Ordinance: OF u~S~I~. 1978~ AS ~ B~ C~R 18.1 ~TING ~ 'r~ S~D~v~ION OF ~ ~E IT ORDAINED by the ~oard of Supervisors of the County of Chesterfield~ Virginia~ that the Code of the Count~ of Che~terfield, 1978, as amended, iE amended and reenacte~ (1) Title 18 is hereby repealed except as Otherwise provided in this ordinance. (2) Title 18.1 is hereby adopted in the following form~ Section 15.1-1. Section 18.I-3. Section 18.1-4. Section 18.I-5. Section 18,I-6. section 18.1-7. Section 18.1-8. Section 18.1-8.2. Section 18.I-10. Section lfi,l-ll. Section 18.1-12. Section 18.I-]3~ Section 18.1-]4. Section 18.1-15. Section 18.1-16. Section 18.1-17. Section Section Section 18.1-20. Section 18,1-22. Section 18.1-23. Section 18.1-26. Section 18.1-27. Section Section 18.1-28. Section 18.1-29. Section 18.1-30. Section 18.1-31. Section t8.1-32. Article I. In General. Purpose of chapter. Definitions. Interpretation of chapter. Administration of chapter. Transfer or sale without approved pla= prohibited. Duilding permits not to be issued. Tentative and final approved plats to comply ~ith chapter. Alternatives to chapter previeions--G~nerally. Planned developments. Conditions. Legal remedies for violations. Penalties. A~ticle II. Plats and Plattin~. Division 1. Generally. Particular attention by Dire¢,ter of ~lanning to layout of lend. Vacation. etc., of r~cor~ed subdivi- Resubdlvi~i~n+ Reserved areas prohibited. Procedure for subdivision approval. R~oordation of plat p~i0r to compliance with Zoning Ordinane~ prohibited. Division 2.,, ~:e~aration and Conte~ts of Tentative Plats. ~enerally. Required in~ormatlan. Plat sketch requlre4. Tentative Plats. Division 3. Preparation and Contents of Final Plat~. Final plat may constitute all or partiue o£ approved tentative plat. Application of approval. Final Plat. Ar~ic!e III. D~si~p Standards. Division 1. Ge~eral!y. CcnSormity to applicable rules and regulations. Standard Conditlonc. Required improvements. Maintenance of imprOVement~. Flood and storm water con%tel, Property corne~s. Dedication of land for public use. Inetallation o~ improvementz and bonding. $8-445 Section 15.1-35. Section Section 18.1-35. Section 18.1-37. Section 1~.t-~. Section 18.1-38.1 Section t8.1-3~. Section Section Section 15.1-4~. Section Section 18.1-44. Section 18.5-45. Section 18.1-46. Section 18.1-47. Section 18.1-48. Section 18,1-49. Section 18.1-50. Section 18.1-51. Section 18.1-52. Section 18.I-53. Section 18.1-54. Preservation of land fc~ public spa0es and flood plain~. Acquisition of land for public use. Flood damage considerations. Drainage. Street lighting. Undergreunding utilities. Utility easements. Stieet name signs. Division 2, Streets and Alleys. Generally. Arrangement. Railroads and highways. Access to major arterial streets. Street right-of-way width. Half-streets. Street intersection. Alloys. Pedestrian circulation. {Reserved). Division 3. Blocks. Residential blocks. (Re~erved) Division 4. Lots. Generally. 'Article I. In General. 1B.]~t. Purpose of chapter. This chapter is adopted for the following purposes: {a) To promote the public health, safety, and general wel~are~ To further tho orderly layout and use o~ land; (¢) TO avoid undue concentration of population and ovmrcrowding of lend; To lessen congestion in ~he st:eats and highways; (e) To provide for adequate light and air~ (f) To facilitate adequate provisions for transports- other tion, water, sewage, schools, parks, playgrounds, and public requlrem~ents; (g) To provide for proper ingress and egress; (h} To en~ure proper legal description and monumenting of ~ubdivided land; (i} To ~ocnro safety from fire, flood, panic, and other dangers; (j} TO facilitate the furthe~ ~esubdivisien of trac~s or parcels of land. These regulations ar~ es=abliehsd with reasonable consideration of the character of the county with a view toward conserving the value of buildings upon the land and providing the best possible environment for h0maa habitation, It i~ intended that these regulations shall supplement and facilitate the enforce- men%. of the provisions and development standards contained in the U~ifoim Statewide Building Code, Chapter 51 of th~$ Coder the Utilities Departmen= Water and sewer Ordinance and the General Plan and other applicable laws and r~g~letiens. A copy of this chapter shall be maintained on file in the office of the Director of Planning. Sec. 18.1-2. Definitions. In the construction of this chapter, the dsfini%io~s contained in this section shall he observed end applied, except when the context clearly indicates otherwiee~ Agent. The County Director of Planning or his designee as the provisions o~ this chapter require. Alley. A public e~ private right-of-way primarily these properties whose principal frontage and access is cn a ~lcck. A tract of land bounded by streets, or by a combination cf ~tr~et~ and ~ublic parks, c~mete~ies, railroad :ights-of-way, shore lines cf waterways, or boundary line~ of the county. Building. Any structure built for the support, ~helter Or enclosure of perso~s, animals, chattels or movable property any kind, and which i~ permanently affixed to tho Building setback line. A line or lines within a lot or parcel of land so designated on a recorded plat a~ otherwise established by law between which line and th~ closes~ line, the erection of a building is prohibited. Cul-de-sac. A street with only One outlet to another street and having an appropriate terminal for the safe add configuration would be considered. ~asement. A grant by a property owner of th~ u~e of land ~Agineer. An engineer licensed by the Commonwealth of Virginia. Final plat. The plan el a subdiviei0n of land which all the requirement~ of this chapter and chapter 1] of this Code including any accompanying material, as described in division 3 o9 article II o~ this chapter. Frontage. The length of the ~fOperty line of any lot, lots, or tract of land meauured along a public street, road or highway against which lend General plan. The plan delineated by Cede of Virginia, section 15.1-466.1, as amended. Grade. The slope of a roa~, street, or other public way, specified in p~rcent and shown on street profile plans as ruquire~ h~rein. Gra~a, lan~n~. The grade required on streets entering major thoroughfares, at point~ of inter$~ctlon, ~s spscified herein. ~eal=h officer. The health directo~ of sanitarian of the county. Highway enqineer. The resident engineer employed by the Virginia Department of Transportation ~erving th~ county. Limited access expressway or highway. A traf~icway, includin~ toll ~oad~7 for ~hrough tra. ffi~, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same except only at each points and in such manner as may be determined by the public authority having jurisdiction over such traffiGway. Lot. A piece or parcel of land within a subdivision set o~ by metes and bounds and not susceptible to further division, except as provided herein. Lot, corner. A let situated at the intersection of two streets, the interior angle ef such intersection not exceeding one hundred and thirty-fivedegrees, Lot, interior, A lot ether than a corner lot. Lotf through. A lot which has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. on a "through lot" both street l~nes shall he deemed front lot lidos. Lot, width of. Th~ horizontal distance between the side lines of a lot measured along the front yard setbask line. .Owner. Any persen~ group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided under thi~ chapter. P~Qstrian way er crosswalk, A right-of-way or easement across, along or within a block, for use by pedestrian traffic wh~ther designated as a pedestrian way, crosswalk, or otherwise designated~ and which may include utilities. Planned development. The submission of one or more contiguous lots under single owne~$hlp or unified control, planned as a whole for development in a single or programmed series of operations according to an ap~rovs~ master ~lan which may include multiple land uses. Plat sketch. A location map drawn to th~ scal~ of one inch equaling ~ix hundred ~eet submitted with all tentative plats and sites, showing th~ relationship o~ the proposed subdivision to existing roads, railroads, lakes, rive~s, o~f-site drainage areas, cre~ks, public and semi-public facilities, as well as any e~isting or proposed adsacent subdivision and all property lines within a thousand feet of the proposed subdivision bounderS. Property. Any piece~ trast~ lot~ parcel of land or several of the sams cclleete~ together for the purpose of subdividing. acsubdivision. An authorized change in property lines o~ a recorded subdivision. Right-of-way. A piece or strip of land sst aside for use aS a street, crosswalk, railroad, ~Iectric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, Roadway.. That portion of a street used by vehicular traffic. Sewage disposal system, individual. A septic tank seepage tile sewage disposal ~ystem or any other sewage treatment device approved by the county health department or utilities department as being in accordance with the rute~ and regule- tion~ of the sta=e department of health and applicable p=o- visions cf this Code. Sewage disposal-- Rublic system. A sewage system owned and operated by tka County. Street. A public right-of-way which offers a primary means of vehicular access to properties, or provides for througk traffic, whether designated as a highway, parkway~ turnpike~ street, avenue, road, boulevard, thoro~ghway, lane, place, or any Other thoroughfare. A street shall be deemed the total length and width Of the strip of land dedicated or designed for public travel, inclnd±nq such improvements as may be Street-arterial. A thoroughfare which ear~ies the major portion of traffic eaterin~ and leaving the urban, suburban, and rural areas such as between the central business districts and outlying residential areas, between major inner city communities, or between majOe Suburban centers. Street-cOllector. A street, or system of ~treets, that distributes traffic from ~he arterials through the area to ultimate destination which msy be a local or collector ~tree~. The collector s~ree~ also eelleete traffic from local street~ in the neighborhood and channels such ~raffic into the arberiaI s~stems. Street-local. A street o£ limited continuity u~ed primarily for access to abutting properties and serving local seeds of a nslghborhocd. Street-service. A public street, generally paralleling and contiguous to arterial streets, primarily desig~e~ te promote ma£ety by properly spa~ing points of access to such arterial ~treet~. ~%ub road. A road UpOn which ne lot has its only street a=cess and which is shown on a subdivision plat to dead-end er terminate at adjacent property. Subdivider. Any person as defined by section 1-~ of this Code or duly authorized repre~sntative of an owner who undertakes the subdivlsicn of land as.defined herein. Subdivision. The division of any parcel of land for residential use, into two or more lots any one of which is than 5 acres, or which has road frontage of less than 200 for the purpose~ either immediate or fur=re, of transfer of ew~e~$hlp or development for residential use including oondominiur~.d~velepmen~. Division of land for the purpose of granting or ~xtinguishm~ab of easements, dower er courtesy riqht~ subordinating or o~herwise affecting the priority of liens, plat~ of confirmation and related trana£ers o~ in lard not directed at the creation of lot~ or paxcsls sale, shall not be considered as an ac% of subdivision. The term subdivision shall not include a single division of lend into parcelu whore such division is for the p~rpo~e a sale or gif% ho a m~0er o~ the int~ediate family of the property owner. Only one such division sAsll be a~lowed per ~amily member and ~hall not ~e ~or the p~rpo~e of thi~ chapter. For the purpose of ~is s~section~ a ~e~er of =he ~e~iat~ ~amily ~hall he d~fined a~ a~y person who is a natural or legally defined offspring ~pous~ or parent of o~er. Wt~ rezDect to f~ity subdivision all applicable requirements cE the zoning ordinance shall be ~t and p~oposed lot shall conform to ~he design standard~ set fo~ in thi~ ordinance, S~divi~ion d~ign ~tanda~d~. The basic lan~-planning standards established as guide~ for the p~eparation of Su~eyor. A certified land surveyor authoriz~ under the laws of the Co~on~ealth of Virginia. 88-449 ~entative plat. A map showing the salient features of a proposed subdivision, submitted to the Director of Planning for purposes cf preliminary consideration. vicinity sketch. A location map shown to a scale of one in=h equals two thousand feet. Water supply-iadividua! well. A well supplying a source Water ~upply-pu~l~g. system. A' water supply and diatribe- Sec. 18.1-3. Interpretation c~ chapter.. (a) The'provisions of this chapter shall be held to be the minimum, requirer~ent~ fOX the promo.ticn o~ the public health, safety and general (b) Where the conditiens imposed by any provisions of this chapter upon ~he subdivision of land are either more restrictive or le~ restrictive =hen comparable conditions imposed ~y any other provisions of this chapter or of any other applicable lsw~ ordinanoe~ resolution, rule, or regulation of any kind, the regulations which are moro restrictlvo and impose higher standards or requirements ~hall govern. (c) This chapter is not intended to abrogate any easement, covenant, or other private aqreement~ provided, that where the ~egulations of this chapter ar~ more restrictive or impos~ higher standards or rogulatlons than such easement, covenant, or other privat~ agreement, the requirements of this chapter shall govern. Sec. 18.1-4. A~ministration of chapter. (a) The agent ~s hereby delegated the authority to administer this chapter. (b) The agent mhall perform all dnties r~garding sub- division and subdividing in accordance with this chapter and applicabl~ state (o) In the performance of his duties, the agent may call for opiniens or deoisions, either verbal or written, from county officials in considering de,ails of any submitted pla=. (d} In addition =o the regulations herein contained for the platting ef the subdivision, th= agent may, from time to time, establish any reasonable administrative preeeduxes deemed necessary for the proper administration of this chapter. (e) Notwithstanding the above, the Director of Environmental Engineering shall have =he duty to administer ~he improvements required by section I8-27(b}. For state law as to administration of ~ub- division ordinance, see Code of Va., Sections 15,1-465(i), ~c. 1~. i-$. Transfer. o~..__ s_a.~__--without approved plat ~rohibited. !and located in a proposed subdivision shall transfer or sell snch parcel before a plat of ~uch subdivision ha~ been approved by the Director of Planning in accQrdance with the provislcns of this chapter and d~ly recorded in the circuit court clerk's office. of Va.~ Section 15.1-475(e}, Sac. lB.1-6. Building permits not to be issued. No building permit shall be issued for ~h~ ~onstructlon of any ~uilding or structure on a lot ii the lot is created or e~tabli~hed in violation of the provisions of this chap%er. Sec. lS.l-?. Tentative and final appsoved plats to comply No plat of a subdivision shall be approved which does act comply with all of the provisions of this chapter. Sec. 18.1-S. Alternativos to ~haptcr prsvisions--Ssnerall¥. W~eD th~ Director of ~lanning finds that sxtraordlnary hardships er particular difficulties regarding the physical development of land may rosult from strict compliants with ~hls chapter~ he may apprOV~ alternatives to the technical p~ovi- sions of ~his chapter insofar as such alternativ~ substantial- ly comply with the provisions of this chapter so that sub- stantial justice may be done and th~ p~blio ink. rest secured; provided, that such alternatives shall ~ot have ths e~fect of nullifyin~ t_he intent and purpose of thi~ chapter~ and further provided, that the Dire=tot of ~lanning shall not approv~ alternativss to the Drovis~on~ of this chapter unless he ~hall make findings based upon the evidence pre~nted in each spscific eas~ that: (a) The granting of the alternative will not bs detrimental to th~ public safety, health or wel£are, on injurious to other property or improvement~ in the neighborhood in which the property i~ located; (h) The conditions upon which the request for an al=ernative is based are unique to the property for which the alternative is sought, and are not applicable, generally, to other property; (o) Because of the particular physical surroundings, ~haps or ~OpOgraphio~ ooudltions of the specific prope~y invnlved~ a particular hard~hip to the OWner would result, as ~istinguish~ from ~ mere ineQnvenience, if the strict letter of the p~ovisionS of this chapter were carried out; (d) The purpose of the 'alternative is no~ based exclusively upon a financial consideration. Tbs standards and requir~msnts of this chapter may be modified in the case of planned developments when the Director of Planning finds that a plan and program for ~nch de~elop~ent~ provide adsquate pub%is spaces, improvements for the circula- tion of traffi~ r~crea~ion~ ligbt~ air~ and public utilities servic~ needs o~ tko tract when fully devslopsd, and which also provid~ such covenants or Other legal provisions as will assure conformity and achievement of the plan. Sec. 1B.1-8.2. Conditions. In approving alternatives, the DirectOr Of Pla~Ding may impose such conditions as may be deemed nsces~arF to secure ~ub~tantially the 0bjeoti~e$ of the standards and requirements of thi~ chapter. Sec. 18.1-9. Fee~. The fees fo~ processing subdivisions by th~ county shall be payable upon ~u~mission of the plats to the County for tentative or final approval and shall he e~ual to the follow- ing: (a] For tentative approval ........... $34~.00 plus $1~.00 per lot (b) For renewal of tentative approval ..... $37Q.00 plus $~.00 per lot (c) Final approval ................... $65.00 plus 7.00 per lot (d) Appeal of Decision of Director .... $260.00 For state law aB to authority of county to provid~ for f~e~ fo~ plat review, see Code of Va., Section 15.1-466(i). Sec. 18.1-10. Legal remediez for violations. In addition to the penalties provided for the violation of the provisions of this chapter, in case of any violation or attempted violation of the provision~ of this chapter, th~ County Administrator or Agent may institute any appropr±a%e action or proceedings, by injunction or etherwise, to prevent ar abate such violation Or ~ttempted violation, o~ to prevent any act which constitutes a violation. Sec. 18.1-11~ Penalties. Any person violating the provi~ien$ ef this chapter shall be subject to a fine of not more than five hundred dollar~ ($500.00] for eaoh lot or parcel of land so subdivided or transferred or ~old; and th~ description of such lot or parcel by mptes and bounds in th~ instrument cf transfer or other document u~ed in the process of selling er transferring shall remedies herein p~ovidad. For stat~ law basis of this section, sa~ Cod~ of Va., Section Article II. Plats and Platting. ordinance proui~ for plat de%ails, Va.~ Section 15.1-466(a). Division 1. se~. 18.1-12. Particular attention by Director of Plannin$ to layout of land. The Director Qf Planning, in the examination of subdivi- sion plats for approval, and in the application of %his chapter, shall take fate ceneidmratlun ~]s regulrement~ of the comm~niey and the best use of the land being subdivided. Particular attention shall be given streets, suitable sanitary ueilities, surface drainage, lot sizes and arrangements, a~ well as local requirements parks and playgrounds, schools and recreation Sites, and other public uses. Sec. 18.1-13. Vacation, etc., of recorded subdivision. No =ecor~ed subdivision or any recorded lot line~ in a ~uhdi~sicu may be changed, altered or vacated except as previ~e~ by state law. Sec. 18.1-14. Resubdivlslon. a) A re~ubdivi~ion of all Or any par% of a recorded subdivi~ sion may not be made or recorded until submitted and approved by the agent in accordance with the provisions of this chapter. b) In districts soned for residential uses, no resubdivision shall be approved where the newly created lot(~) are smaller ~han the average lot size and lot width of other lo~s in that resubdivision of lots within an existing subdivision where the No area within a proposed subdivision or resubdivision SEc. 18.1-16. Procedurs for subdivision approval. At the time a ~ubdivider submitm him application for subdivision approval, he shall elect whether to ~eek app~ovaI forth in subsection (a) of this section or under the planning commission review and approval procedure set forth in sub- section (b) of this section. If a subdivider fails to make accordance with subsection (a) The following procedure shall be followed for administrative review and approval of subdivision (1( Tentative ~la%s. Th~ subdivider shall prepare a division 2 of ~hiS article, including a proposal for the lands, and Submit such plat to the Director of ~lanning. Upon rmceipt of such proposed plat~ the Director cf Planning shall obtain the required reco~en~ations from the Depart-men= ommenda~ions, ~he Director of Planning ahall either (1) approve provisions of this chapter; or (2) approve the plat subject to modifications; or (3) reject the tentative plat. Written findings giving specific reasons for disapproval shall be approval of the plat. Ail a~proval or re,action shall be made by the Director of Planning. Appeals. In the ~v~nt, the subdivider/developer disagrees within ~ifteen ~15) days of that decision. In addition, adjacent property owners may appeal the flail ~ecisien of within fifteen (15) day~ of that decision. Appeals will be limited to conditions that directly effect the propurty owner location of water~ sewe~ and drainage facilities. The Commission shall fix a reasonable time for hearing of ~he appeal and deoide the same withi~ sixty {60} days~ The Commission may affirm, modify or reverse the decision. During this period the Director of Planning shall~not sign the record plat. In the event the tentative plat is disapproved, the Per the resubdivision of lots within existing subdivisions for the purpose of adjusting lot lines, when there is no increase in the number of lots and ne change in the existing road layout, the Director of Plannin~ is authorized to approve and sign the plat administratively In the even~ a plat is disapproved by the Director of Plannin~ such application may b9 considered by the Planning Commission at their next appro- priate meeting at the request of the applicant. (2) Renewal of Tentative Plats. Tentative approval of the plat shall expire Iive years ~rom the date oX approval; provided, however, %hat the Director of Planning reserve~ right to review the tentative plat at any time. When there are no change~ from' a previously approved tentative plat~ the Director of Planning ia authorized to administratively review and renew tentatlvs plats for additional five (5) year perlcds subject to all previously /~nposed conditions. In the event it is deemed neceasary to require additional conditions, renewal requests shall be considered by the Director of Planning. Applications for renewal ~hall b~ prepared in the same manner as applications for initial tentative approval; providsd, least thirty (30) days prior to eYpiration. {3) Final check plat. After complying w~th the terms and conditions of tentative approval as outlined in (a) above, the ~ubdivider shall prepare end submit to the Depart- ment of Planning paper 0opie$ of %be final pla~ incorporating all required modifications to the tentative plat and the pro- visions cf division 3 of this article. Upon receipt thereof, th~ Director of Planning shall examine the final plat an~ all n~ce~sary certificates to determine i=$ con£urmlty with ~he approved tentative plat and the requirements ~stablished in this chapter and shall eithsr approve er disapprove such final plat. The Director of Planning shall not approve a pla~ for rsuordatien that has not ~een approved by the D~reotor of Environmental ~ngineerlng as meeting County require~ent~ for roads, drainage and utilities e~pliance. The Director of Planning Shall approve cr reject th~ final plat within thirty days of its submission unless the subdivider is notified of objectiens to the plat or the time is extended by agreement with the subdivider. After the final cheek plat has been approved by the Director of Planning, the subdivider may sub, nit plats for recordation. (4) Submission and recordation of final 91at. The subdivider ~hall ~ubmit to the Director of Planning one linen print and two transparencies (photographic positive film) of the final plat. The Director of Planning shall sign such plats or notify the applicant of di~cr~pancie~ within seven days of receipt of such plata. ~etlfication in previous sentence shall be sufficient if the Director mails a wrltt~n notice of discrepancies to the subdivider by first elas~ mail. The Planning Department shall have the print recorded in the clerk*s office of the circuit court of the the county and shall distribute the two transparencie~ to the appropriate a~minis=rative officials. A~ter recordation, the · ubdivid%r may then proceed to sell lots in his ~ubdivision. Appeals. If th~ Director o~ PlanniAg ~ails to approve or disapprove ~hs proposed final plat within thirty day~ aft~ it has been officially submitted for approval, subdivider, after ten days' written notice to ~e Director of 91arming, may petition the circuit court of the county to decide whether the pla% should Or ShOuld not be opproved. Th~ court shall hear the matter and make and enter ~uch order w~th respect therecoas itde~m~ proper. tf the .Director of Planning disapproves or fails to act on a final plat and the subdivider contends that such disapproval or ~ailurs to act w&s not properly based on this chepter~ or was arbitrary or capricious, he may appeal to the Planning Commission, and the Commission shall hear and determine the cass as soon as practicable. For state law as to approval of plats, see Code of Va., Section 15.1-475. AS to state law basis of subsection (c), see Code of Va., Section 15.1- 466(h). AS to appeals of decisions of agent or planning commission, see Code of Va., 15.1-475. (5) Exemption for single division of land. Where a single lot or parcel of land is to be subdivided into any two parcels, the agent may waive any and all of the requiremen%~ of =his Ordinance and approve the subdivision by signing the plat within I~ day~ providing the following conditions are met: a. All applicable requirements of the Zoning ordinance shall be met. b. The creation of the subdivision shall not be for the purpose of circumventing this Ordinance or other ~haDters of the county Code. c. NO lot created through the exemption process ~hall b~ eligible for further waiver for a psrt0d of (1) year. The agent shall not grant waiver to a subdivision proposal if any of the following conditions exist: a. Conflict with the Comprehensive Plan. Bond requirements for public improvements requiring the Board of Supervisors action. c. Conflict with aa approved concept development plan. (b) The following procedure shall be followed Planning Corm~ission review and approval: (1) Tentative plats. The subdivider shall prepare a proposed tentative plat in accordance with the provisions of division 2 of this article, including a proposal for the installation a~ improvements and intended dedication or reser- vation of public land$~ The subdivider shall then file a letter of transmittance of the proposed tentative plat with the pl~nnlng commission along with such t~ntstive plat. Upon receipt of much proposed plat, the planning commission ehalt obtain the required ~ecommendatlon~ from the department cem~nnity development and other public agencies. After receipt of such recommendations, the planning commission shall either (1) approve such tentative plat, i~ such plat is in conformit~ with the provisions of this chapter; o= 2) approve the plat mubject to modifications; or 3) reject the tentative plat. Written findings giving ~pemifie reasons for dicapprov~l shall be reported to the subdivider within sixty days after receipt of such tentative plat. Such zeascns shall relate in general terms $~oh m0dificahion~ O~ corrections as will per,it approval of the plat. Appeals. If th~ planning commission falls to approve or disapprove the prOpoSed final plat within sixty days after it has been officially submitted for approval, the subdivider, after ten days' ~ritten notice to th~ sommission, may p~tition the circuit court of the county =o decide whether the plat should or should not be approved. Tbs court shall hear the ma~er and make and enter such order with respect thereto as it deems proper. 88-455 If the planning ¢o~issiQn disapproves a final plat and the subdivider contends that such disapproval wes not properly based on this chapter, or was arbitrary or capricious, he may appeal to the circuit court, and the COurt shall hear and determine the case as soon as praet£oable. (2) Renewal of Tentative ~la%s. The planning commission reserves the right to review the tentative plat at any time and tentative approval of the plat shall expire five yesrs from the date of approval. When there are no changes from a previously approved tentative plat, the Director Of ~lanning is authorized to administratively review and renew ~entatlve plats for an additional five year period subject to all previously imposed condition~. In the event it is deemed necessary to require additional conditions, renewal requests shall be considered by the planning co~ission at its next appropriate meeting. Applications for renewal shall be pre- pared in the s~e manner as applications for initial tentative approval; provided, however, that applications for ~enewal shall be submitted at l~a~t thirty (3~) days prior to expira- tion. (3) Final check plat. After complying with the te~m~ and conditions of tentativ~ approval as o~%lin~d in a above, the subdivider shall prepare and ~ubmit to the Deparhmen% of Planning paper copies of the final plat insorporating all reTaired modifications to the tentative plat and the provision~ of division 3 of this article. Upon receipt thereof, the Direotor of Planninq mhall examine the final and all necessary c~rtlflcates to determine its conformity with the approved tentative plat and the requirements established in this chapter and shall either appruva the ilnai plat if such plat does ~o conform; or he shall ~end ~uch plat %0 the planning commission if not in conformity with their t±on as to final action thereon. The Director of Planning shall nob approve a plat for recordation that has not been apprOVed by the Director of Environmental Engineering as meeting County requlrem~nts for roads, drainage and utilitie~ compliance. The Director of Planninq ~hall approv~ or reject the final plat within sixty days of its submission unless the subdivider i~ notified of objections to the plat or the time is extended by agreement with the subdivider. After the final check plat has been approved by the Director O~ ~l~nnlng, the subdivider may submit plat for recordation. (4) Submission and recordation of final plat. The subdivider ~hall submit to ~hu Secretary one linen print and two transparencies (photographic positive polyester film) of the final plat. Th~ secretary shall siqn such plats within seven days of receipt of such plats. The secrutary shall re=urn =o the subdivider the linen primt to be re,or, ed in clerk's office of the circuit court of the county and shall administrative officials, unless a final plat i~ filed rseordatlcn within si~ months after f~nal approval thereof by the secretary, such approval shall be withdrawn, and ~]e plat ~hall b~ marked void and returned to the agent. After r~cordation, the ~bdivider may then proceed to develop and ~11 lots in his Subdivision. ~. I~ the planning commission ~ails to approv~ or di~appro~ the propound final plat within ~ix{y days after it has been officially submitted for approval, the subdivider, after ten day~' written notice to the Commission, may p~tition the circuit court of the county to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter such order with respect thereto de,ms proper. If the planning commission disapproves a final plat and %he s~di~ider contends that such disapproval was not properly based on this chapter, or was arbitrary or capricious, he may appeal to the circuit court, and the court shall hear and determine the case as soon as may be heard. (5) Exemption Ior sleqls division of land. Where a singls lot or parcel of land is to be subdivided into any two parcels, the agent may waive any and all of the requirements of this Ordinance end approve the subdivision by signing the plat wi%bin 14 days providing the following c0n~itions are met: a. All applicable requirements of the 'Zoning Ordinance shall be me%. b. The creation cf the subdivision shall not b~ for the purpose of circumventing this Ordinance or other chapters of the County Code. c. No lot created through the e~emption process shall be eligible for further waiver for a period of one (i) year, The agent shall not grant waiver to a subdivision proposal if any of the following oonditi0ns uxist: a. Conflict with ~he Ccmpr~hsnsive Plan. b. Bond requirements for public improvement~ requiring the Board of Supervisors action. c. Conflict with an approved concept development plan+ Sec. 18.1~i?. R~cordation of plat prior to compliance with NO plat of a ~ubdivision of land shall be recorded by the ~ubdivid%r unless and until the area i~ included within a residential or townhouse zoning district as defined by chapter 21 of this Code. Division 2. Preparation and Contents of ~up~rvisors to require tentativ~ plat, see s~c. 18.1-I8. senerally. Eve~ proposed s~bd~vision shall be su~itt=d to th~ Director of klanning er th~ planning commission for tentative approval in accordance with the provisions of section 18.1-16 in ~he form Q£ a tentative plat priQ: to ~he submission of a plat and shaI1 be prepared in ~uch form as'not to be confused with a final plat. Its purpose is to show graphically all co~ission and other public bodies to determine whether the 18.1-19 and 18.1-21 are required to be Ehown on the tentative plat. The lack of information under any item specified herein, or improper information ~upplied by the subdivider, may be cause for disapproval of a tentative plat or rejection as an incomplete application. $$-4~7 Eec, 1~1-1~, Required information. written application for approval by the owner, c~ the owner's ropresentative~ shall accompany each tentative plat. Each tentative plat shall c0~:ain the following information: (a) ~am~ for file (1) Name of sub4ivision if property is within an existin~ ~%~bdivisicn. (2) Proposed name if not within a previously platted subdivision. The proposed name shall not duplicate the name of any existing or propo~d ~ubdivision or streets An the county. (b) Location and description of ~ro~erty. Location of prop~Ety by parcel number(s) as designated on county tax maps. (c) Basic facts and ~roposals pertaining to the property: (1) Size of tract in any, in square feet. (2) ~xi~ting p~operty ~n~ adjacent p~operty, and any rezcaing proposed to be requested. (3) Number of lots proposed in subdivision. (A) Area of lots p~oposed: Minimum, average and (5) Proposed type of water an~ sewer facilities. (6) Any other proposals, SUCk as parcels Of lan~ intended to be dedicated, conveyed, or reserved for public use, and the sondltiona proposed ~or ~unh ~ispe~al and use as specified in ~eetion 18-32(a). (d} Information as to ri~hts-of-we~ and easements. Citation of any existing legal rLght-of-way or easement affecting the property. A plat sketch =hall be submitted with all tentative plats. Sec. 1~.1-21. Tentative Pla=. The =entative pla~ shall be drawn at a scale no greater t~an one inch equalling fifty feet for townheusc for sale subdivisions; ocher residential subdivisions shall be at a scale of one inch equelliRg one hundred feet. Variations in scale may be made upon request a: the discretion of the Department of Planning. The pla% shall show correctly on its face the following info~-mation: {a) Date, scale, and north point. The proposed subdivlelon name and its location. In) The nam~ addre~g~ and phone number o~ the owner~ and the subdlvld~ o~ the land~ the surveyor or engineer preparing th~ plat, and the ~ourne of title with deed hook reference~. ~d) The length and bearing of the e~terier boundaries of the subdivision, Dimensions shall be expressed in feet and decimals of a foo~ wi~h accuracy to (e) Location and n~es Of adjacent subdivisions and the owners Of adjoining parcels of unaubdlvi~od lan~. platted streets, alleys, and otb~r public ways and railroad and utility rights-of-way, parks~ cemeteries, watercourses, drainage ditches, permanent buildings, and other pertinent data as determined by the Director of Planning. (g) ~ayout, and width, of ell proposed streets and rights-cf-way, alleys~ highways, easements for s~w~rs and water mains, and other public utilitip$. (h) ~xis~ing and p~oposed sewers, water mains, culverts, and other under~roun~ structures within the tract Or immediately adjacent thereto. The lo,atica and siz~ of the nearest water main and sanitary and storm sewers and connections are to ba indiaatmd in a general way upon the tentative plat. (i) Approximat~ dimensions of lots. (j) Proposed building setback lines on radial lots of cut-de-sacs. (k) Approximate location and area e~ alt property proposed to be dedicated for specific pubti~ use with conditions, i~ any, o~ such dedication. (1) Contours at uertisal interval~ properly labeled of not mor~ than fiv~ feet or ~t mor~ frequent intervals if required by the Director cf Flanning for land with unusual USGS gnadranqle sheets shall not be an acceptable (m) The limits of established flood plain~. (n) All existing USGS or County control ~ont%ments for ~nrveying pnrpo~ located on ~he property shall be shown. (e) The lec~tion and names of adjoining subdivisions or namea of the owners of adjoining parcels of land~ establishing boundary lines of the tract ~o be subdivided. (p) All street names reach%mended by approDriate Planning District and the Department of Engineering, accompanied by a latter from ~he appropriate reglenal review agency indicating approval. No tentative plat shall be accepted without complete information. Division 3. Preparation and Contenta cf Final Flats+ FOr state law as ~o ~ina% plats, see Code of Va.~ seetion~ l~.1-4¥5 to 15.1-47S. Sec. ~8.I-22. Final plat ~ay constitute ail er pe~tlon of approved tentative ~t__._ A final plat may constitute ~11 er only a poItion of ~he area contained in the approved tentative plat; provided, that th~ public imp~ovem~Dts ~o be constr~eted in the area covered by the final plat are ~ufficient by and of themselves to ~ccomplish a proper development and to provide adequately for the health~ mafety and con¥~nience of the proposed residents therein and for adequate a0eess to contiguous areas. Sec. l~.l-P3. Application for approval. Applicatio~ by %he owner or the owner's representative for approval shall accompany each final plat and contain the following information: ~-459 (a) Name of subdivision and dm~criptien ef blocks end lots included on plat. (h) ~isting or ~repo~ed covenants, if eny. (c) Na~e and address, including telephone number, of th~ owner or his agent and the surveyor who prepares the plat. (d} Whenever any pond, lak~ or similar body 0~ water is proposed to be lcee=ed within or adjacent to subdivision, the developer ur engineer shall pre~en~ a plan outlining any construCtiOn to occur and a proposed plan for the indemnifi- cation and perpetual maintenance Of any such body of water. ~ec. 18.1-24. Final The final plat sheet(Q) shall be sixteen inches by twenty-four inches and shall be prepared by a certified professional engineer or land surveyor. The final plat of the subdivision shall conform t~ the approve~ layout of the tentative plat unless changes ar~ approved and show on its ~ace the following information: (a) Source of title of the owner u£ the land subdivided. ~b) Subdivision certificat~ $igp~d by the preparer of the final plat setting forth the source Of the title of the oWner of the land subdivided and the place of record of the last inntrument in the chain ~f title. When the plat is of land acquired from more than one sourc~ Of title, the o~tlines of the several tracts shall be indicated npou such plat. (c) engineer's certificate stating '~Th~ platting or dedication of th~ following described land (here insert a correct ~escriptlon of th~ land to be subdivided) is with free consent and in accordance with the de~re of the undersigned ow~er~, proprietors and trustees, if any." The statement ~hall be ~igned by such person and duly.notarized. (d) Notarization. (~) Ail notes es pertinent to the owner's or developer'~ systems, drainage systems, area of lct~ streets, ~idening and dedicated ~trips, easementS, ~rue left in acreage, building lines, cards, gutters, ditchem~ dedicated and accepted (f) Property location a~ to corresponding county tar map (g) Vicini=y map. Zoning claesifioation. (1) Total area shown on the plat, incluaing streets and total area dedicated to public =se. (j) Total number of lots included on the plat. (k) Square footage Of each ~nd~vidual lot~ if requested by the 91arming Department. (1) Date, scale en~ north arrow. {m) The exact length and bearing of ell let lines. (n} Location and siz~ cf al! street rights-of-way and (e) Lute%ion of all ~lood 91ein~ with tie lines or tie downs). (p) Those areas to be dedicato~ fez pu~%ic use in accordance with section [q) Two coordinate points shall be shown on record plat~ installed. all ordinances, rules end regulations as they may be applicable: (e) The provisions of Title t5.1, Chapter 11, Article Code of Virginia, as amended. (b) Chapter 2I of this C0~o. see Code of va., section 15.1-476. Article III. Design Standards. Division 1. Generally. 18.l-2S. Conformity ho applicable rules and re~ulationz. In additlen to the ~eslgn atandards e~tablishe~ herein~ subdivision plats shall comply with the following laws, (o) Tho Chesterfield General Plan and amendments thereto. (d) Title ~2 of the Code of Vir~inla an~ the rules of the state health ~epartment relating to lot ~iz~ and lot elevation if the subdivision is not served by a public sewer and provision for ~uch metrics has not b~n made. (e) The tulsa of the Department of Transportakion r~lating to safety of access and the preservation of the public interest and investment in the streets if th~ subdivision Or any lot contained therein abuts a state trunk highway er connecting street. (f) Chapter 7.2 of this Code. (g) Other applicable laws, ordinances, rules and regula=ions. Sec. 1S.1-26. Standard Conditions. {for all subdivi$io'n$ and ras~bdlvision~) {a) The width and approximate location of all utility and drainage easements shall be ~hown on ail r~sldentiai final check and recordation plat~. (b) Copies of all applicable covenants shell b~ filed with the ~lamnlng Department upon recordation of any (c} For subdivisions adjasen~ rc proposed major road improvements, the proposed location mcat be shown on ail record plat~. (d) A twenty (~0) foot minimum setback shail be maintained from the 100 year floodplain and/~r utility front or rear yard, (e) ~ori~ontal control for the recordation plat shall be hied into the Virginia Coordinate System, south zone, boundary tie-down will be accomplished by X and Y coordinate values being designated for a= !east :we points. Road tie-down will be provided by coordinate vnlues being placed at nton~ point P.C.'s (f) Prior to any land disturbing activity or continuance thoreof, an erosion and sedimentation plan shall hQ Submitted and approve~ by the Environmental ~uglneering Division. (gJ Unless provided an exception by the Director of Planning~ every residential lot, except those lots in a subdivision for townhouses, shall front on a public street and the street shall be constructed to VDOT ~tandards. (h) If requested, the applicant shall submit calculations verifying lot area or width to the Planning Department in conjunction with final check plat submission. These calculations shall only be requested for irregularly shaped lots where the size or width cannot be readily determined from information on the plat. sec. 18.I-27. Required (a) The subdivider or ~evelopsr shall a~ his expense install road, drainaqe and ~tility improvements, and other improvements indicated on ~he approved plan. (b) The subdivider er developer of land ~hall pay provide far the payment of his pro rata ~hare of the cost of providing reasonable and necessary sewage, water and drainage facilities, located outside the D~operty limits of the land owned or controlled by him but necessitated or required, by the construction or improvement of his subdivision or development in areas within the county where there has been established a general ~ewaqe and drainage program or district approved by the Board of ~uperviaezs having related and uo~m~on sewer an~ drainage conditions, and within which the land owned or controlled by the subdivider or developer is locsted~ and in which areas a total estimated cost oi ultimate sewerage and drainage ~aoil~ties required adequately to sorve the related and common area has been established, when and if such area is fully developed in accord with the adopted general program. S=ch share ~hall be limited to the proportion of such ~otal eseimated cost which the increased sewage flow or increased volume of storm water runoff to be actually caused by hie subdivision er development bears te total estimated volume and o£ such sewage er runoff from such aras in its fully developed state. Each ~uch payment received shall be expended only for the oen~truc~ion of those facilities for which the payment was rmquired, and until so extended shall be held in an interest-bearing account for :ha benefit of ~he subdivider or developer; provided, however, that in lieu of such payment the board of supervisors may provide for the postin~ of a bond with $~ety satisfactory to it conditioned on payment at commenc~ ment of such construction. {¢) Connection :o the County water supply system shall be required in the following circum~tano~= (1) In a proposed subdivision when any lot in subdivision has an area of le~s than one acre; or (2) For an~ lot or parcel having an area less than one aere~ or (3) When an existing water line is less than two hundred {280} feet from any property line of %he let for which a building permit is sought. (d) ~ayment sufficient to cover the cost of water line installation ~hall b~ made to th~ County prior to thc o~ any building permits in any subdivision proposed within two (2} mile~ of an existing water line, or within two (2) miles of a subdivision which will use public water, when lots in the proposed subdivision have an area qreat~r than one (1) acre but tion shall bs used solely for the i~stallation of wate~ lines in the proposed 9ubdivisiun. (e) Individual w~ll~ may be used to provide.water for domestic consumption provided that: (1) No lot which is proposed to be served by a wall shall have an area of less than one {1) acre. (2) In a subdivision where lots are proposed t0 be served by individual wells, all 10ts shall have an ar%a .(3) Where lo~s are proposed to be served by individual wells~ a hydrologic study shall he conducted which provides a scientific determination of the quality and quantity of potable water in the underlying aquifer under both "normal" and "drought" conditions for the care under consideration; and {4) Prior to i~u~uce of a building permit, a well shall bs installed, tested and approved on each lot: and (f) Any subdivision granted tentative approval prior to January 27, 1988 shall be ~xempt from the requirements of subsections (c}, (d) and (a) {1] (2) and (3) of this section unless tentative approval is not renewed and For state taw basis of this ~ection, $~ CQ~e of Va., Section Sec. ~.1-27.~. Maintenance of Improvements. (a) The subdivider shall be required to maintain all proposed public improvements and provide for snow streets and sidewalks, when requi~ed~ until acceptance of said improvements by the County or State. (b) The subdivider ahell be r~quired to file a bon~ with the County prior to State acceptance in an amount of 10~ of the required impmovements as deter-mined by the Directo~ of environmental ~ng~neering, and in a fo~m ~atisfac%ory to the legal representative of the Couney in Qr~er ~o assure the satisfacto~ maintenance o~ the required improvements for a period of one (1) year after th~ 4a%~ of their acceptance by ~he County. t8,1-28, Flood and s%o~ water control. NO land shall be s~dividad which i~ not in accordance with the County Flood Plain ~anagement ordinance. Per state law as to duay of county to provide for flood control in ~ubdivisions, see Code V~., Section Sec. 18.1-~9. ~resezvati~n of ~atural fe:tures and amenities. existing natural ~eatures which would add value developments or to th~ County as a whole, Such as waterc0~rses, historic si=es and similar amenities an~ assets should be protected wherever practicable in the ~esign of the subdivision. See. 18.1-30. Pro~.ty corners. Proper~y corners shall be installed in all ~ubdivisions at all blouk corners, angle points, radial poin=s of curves in strssts, and at all intermediate points along streets or property lines where monuments cannot readily be seen one f~om the other. The replacement Of any monuments to include but not limited to NCAA/NG~ and County con%re1 monuments removed or destroyed during the develepment of the subdlvi~ion shall be the responsibility of the subdivider. For state law basis of this section, sos Cods Of va., ~ec=ion 15.1-466(g). see. 18.1-31. Dedicatien of land for p~blic use. When a ~inal plat of a subdivision has been approved and all other ~equifed approvals are obtained an~ the plat is recorded, such recordation shall constitute acceptance for the purpose designated on the plat of ali lands shown on the plaf as dedicated ~o the public use, including any right of way located within any subdivisio~ which has constructed therein, or proposed to be constructed therein, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewage system or other improvement dedicated for public nsc, and maintained by the locality, the Co~%7~oDw~alth, or other public agency. See. 1~.1-32. Installation of improvements and bonding. (a) Before final pla~ approval, after all other required approvals are obtained, all physical improvements required under these regulations including ~tt improvements dedicated for public nsc and maintained by the locality, Commonwealth or other public agency shall be installed an~ complatud at the expense of the subdivider. In lieu of actual completion the subdivider may obtain final plat approval by furnishing to the Buurd of SuperVlso~e a certified check, cash escrow, s~rety bo~d er a bank or savings and loan association's letter of credit, approved by the legal representative of the County su£ficient to uover the costs of all improvements required by ~s County~ co,ts will he approved by the County to guarantee ~he installation and completion of such The amount of such certified check, cash escrow, bon~ of letter construction based on unit prices for new public or privat~ sector construction in ~he 10caI~ty and a reasonable alluwance ~or estimated ~dministrativ~ costs, inflation and d~age to existing roads or utilities. In eh~ event 9~divider elects to proceed by this m~thod, ~e subdivid~ shell set a time, subject to the approval of ~e agent, by which it is e~timat~d the ~provements shal~ be in. Called and eo~pl~tad. An extension of one (1) ~ear may be approved by agent, in th~ event the subdivision does not have ~e necessary occupied dwellinqe (3 dwelling units p~r read). At the end ~it~ the installation and completion of the improve~ent~ making use of the certified check, cash e~cr~w, lettur of credit or calling un the surety of ~e bond. The subdivider/developer will hav~ a maxim~ of two (2) years %o compl~t~ all improvements and ~ following conditions shall (1) No more than 60~ of ~e building permits in any seCtiOn Of a r~idential ~ubdivtsion shall be issued until the roads in that section have been hard surfaced. (2~ No more than 80% of the building D~its in any seQtion o~ a residential ~divinion ~halI be issued until thu roads have been constructed to $tat~ highway ~y~t~m. (3) At the option of the de. eloper of any subdivision, surety in accordancm with Section 1~.1-~2 may be posted with the County in an ~ount equal to 100% of the estimated costs of all remaining re. ired improvements plus 20% of the cos% of all completed ~provements plus twice the percentage change ~n =he cons~er price index OVer the most recent 12 month period fo~ the total project cost. If ~uch surety is posted, and if all other County codes ara complied with, the County will release building permits in excess of i end 2 above. If th~ developer chooses this option all roads shall be bard surfaced within one year of receipt of 60%, Or greater, of building permits in any section of a subdivision and be constructed to State standard~, inspected, and race--ended for acceptance into the State hlqhway system within two year~ of receipt of 80%, os greater, of the building permits in any section of a subdivision. This exemption shall not allow a developer to exceed the maximum time allotted for acceptance of rca~ in the state except as asked in 18-32 Cb) Partial releases may h= made of such certified check, cash escrow, bond or letter of credit in a cumulative for which the certified check, cash ~scrow, bond or letter of credit was taken, based upon the percentage of facilities completed and approved by the Board of Supervisors, ~ocal administrative agency or stake agency having jurisdiction. P~riodic partial releases may not occur before tbs eompI~tiOn cf at least thirty p~rce~= cf the facititie~ covered by any bond~ e$crow, letter of credit, or other performance guarantee, or after connie%ion of more than eighty percent of said iacilities. Th~ Board of Supervisors or administrative shall not he require~ to execute more than three periodic partial releases in any twelv~ month period. Upon final completion and acceptance of said facilities, the Board of Supervisors or administrative agency shall release any remaining bond, escrow, l~tter of credit, or oth~r guarantee to th~ subdivider or developer. For =he purpose cf final release the te~ "acceptance" i~ deemed to mean: when said public facility is accepted hy and taken over for operation and maintenance by the State agency~ local government d~partment or agency, or other public authority which is responsible for maintaining 'and ~or operating such ~acillty upon acceptance. {c} Whenever a tentative plat or final plat includes a proposed dedication o~ land for public use and the Director of Planning find~ that such land is not required or act suitable for public u~e~ the DireCtOr of Planning may either re£use to approve such dedication or require the rearrangsmen= of lots in the proposed subdivision t~ includ~ such land. For stat~ law basis cf this section, m~e Code of Va., Section Sec. 18.1-33. Preservation nf land for public ~paces and flood plein~. ts) Preliminar~ plat to accommodate pl~%nned public spaces. Whenever a tract to be subdivided includes ~ proposed ~it~ for a park, playground, school or other public use as indicated on the general plan, such spa~ e~al! De suitably incorporated by the subdivider into his subdivision plat after proper determination of its necessity by the Dirs~to~ of Planning and the appropriate county officer or other public agency involved in the acquisition or use of each such site and a commitment to obtain ~ucb site has been made by the Board of Supervisors. Rs~ulrsments for flood plain computations. County requiremant~ for flood plain preservation are addressed in the County's Flood 9Iain Management Ordinance. 18.1-34. Acquisition of land for public use. Whenever a proposed park, playground, school or other public use for land identified in the Capital I~prov~ent Prograt, thoroughfare plan or other adopted plan which is a8-465 Located in whole er in part in a subdivision is, in the opinion of the a~ent, necessary to secure safety from fire, to promote health and ~hs general welfare, to provide adequate light and air, to avoid undue concentration of population~ to facilitate the adequate previsions for transportation, water, sewage, sohools~ pa~ks and other public requirementu~ the agent may (1} require the dedication of such land if the need for such land is generated by the proposed' development; (21 request the dedication if the generation of the need for such land by proposed development has not been established, or (3) if the land is not dedicated, may reqa£rs the roservatlon of land for said public uses until the land i~ acquired as provided herein. If the Board of Supervisors decides within sixty (60} days from approval Of the final plat to esquire land within the property shown on the final plat by purchase, the county shall have one hundred eighty (180) days from the approval of the final plat to complet~ the acquinition of ~uch property. the Board of Supervisers decides within sixty (60) days from approval Of the final plat tO aoquir~ such property, but ~e county and the property owner cannot aqree on a purchase price~ th~ county ~hall have sc o~ligatic~ to acqulr9 the property by Durnhase or condemnation. The Director of Planning shall consider all tentative plat~ and plans ur studies related thereto, to determine the need for aequipition for publi~ use of any of the land included in the tentative plat. If suck studies or plans do re,ate thereto, the Director of Planning may refer the plat to the public body concerned with aoguisition for its consideration and report. The Directon of Planning may propose alternat~ crees for such acquisition and shall allow the pub~is body agency twenty one days for reply. The agency's reply, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition. Upon receipt of an affirmative reply, the Director of Planning shall designate on the tentative Dlat~ that area proposed to he acguired by the public body. 18.1-35. Flood damage considerations. All subdivisions shall be reviewed by the Director of Environmental Engineering to assure that all such proposals comply with the regulations of the County Flood Plain Management Ordinance. Sec. 18.1-36. Drainage. The storm water drainage system in any subdivision shall be separate and independent of any sanitary sewer system. All necessary drainage facilities including underground pipe, inlets, catch basins or open ditches te provide the adequat~ disposal of surface water and to maintain any natural drainage course shall be installed according to plans approved by the Director of ~ngineering or his designee. All drainage facilities installed in the subdivision or si~s shall be sized to accommodate runoff ~r0m all undeveloped land upstream within the same watershed. Sec. 18.1-37. Street lighting. street lighting shall be provided and installed in all residential districts at intersections and along arterial or eellscto~ ~treet~. Street lighting shall al~o be installed in such other locations as are found by the Department Engineering to require lighting in the interests of safety and security for persons, property or traffic, Lighting shall be installed in accordance with standards approved by the Depart- ment of ~ngineering. Standards for location of streetllght~ shall be as per adopted sires=light Policy. Easements for street lighting shall be dedicated along ail subdivisleD streets to fasititace future installation requirements. Where ~ch installation occurs within dedicated rights-of-way that contain public roads, it is the developer's responsibility to obtain all n~c~sary permits and easements that %h~ VDOT may require. All installation costs for installation of street lighting will he the responsibility of the developer. Where proposed system lies within the dedicated right of way and the lecal power company requires that suet instal!atica only be contracted by public utilities, the developer will ~ign an agreement with the County guaranteeing full payment to the County of all installation charges as well a~ administrative ¢~sts =o the County in cea=ranting ~or such installation. Sec. 1~.1-3~. Under~round£~ Ail utilitie~ in a slLbdivision shall be installed under- ground, Such utilities when provided by the subdivider shall be ins=ailed underground in ascordance with policies and standards established by the Director of Utilities. The Diraeter cf Planning mr planning commission shall not require underground utilities in those ~ubdivi~ion~ in whloh average lc= sire exceeds 42,499 square feet~ and the cost e~t~nd 5ervi¢~ underground e×o~eds ~/1000 the estimated total cost of the fully developed subdivision~ as determined by the county. Where distribution lines currently traverse the property propesed for s%f~division; the developer will not be required to place such lines underground. All other utilities shell be installed underground in accordance with standards of utility practice fo~ underground construction. Those standards shall be furnished =o the director by the utility company and shall be in accordance with standards furnished to and regulations issued by the applicable regulatory authority. Sec. 18,1-38.1 Utilit~ Easements. Easement~ of ~i~teen (16) feet or more in width shall be provided across lots where there are existing and/ox proposed more in width shall be provided on each side of all rear lines and along side lot lines where nmcessary~ for utility installation and maintenance, Easementu of greater width may ba required by the Director of ~nv±ronmental Engineering for drainage purposes er by the Director of Util- ities for utility lines where the adjacent proper~y on one side is not bring subdivided. All easements to he obtained by electric Dower, cable television or o~aher utilities shall be shown on plats prior to recordation. Sec 18.I-39. Street name signs.. The subdivider/developer shall at his expense install ~ections in his s~bdivision. S~eet signs shall confor~ to design specifications determined by the department engineering. All street signs shall ba constructed to be clearly visible by day and by night. Code of Va., Section 15.1-466(o). As to ~u=y of county to provide for grading of streets in sub- divisions, see Code of Va., Section Sec. 18.1-40. Generally, Streets shall bs designed and located in relation to 8~-467 e×fsting and planned streets within the gonara~ area, topographical conditions and natural terrain fmature~ such as streams and e~isting tree growth, to pu~!ic convenience end safety, and in appropriate relation to the proposed u~e~ of land to be served by suoh streets. 18.1-41. (al All s~reets shall be ~esi~ned and constructed in such a manner as to en~ure proper integration and with citer existing (constructed, platted or planned) streets within and c0nti~uous to the subdivision and a~ established on the adopted general plau or thoroughfare plan as to lecation~ widths, grades and drainage. (bi The arrangement, character, extent, width, qrad~ and location of all streets and rcad~ shall conform to the Ccmpr~heDsive Plan of the County and shall be designed and censtructed ~n accordance with the ~pecification$ of Virginia Department of Transportation and the specifications of these requlatdone. (c) All thoroughfares shall be properly related to special ~raffic generators such as industries, business districts~ schools, churches, and shopping centers; to population deueities; and to tau ~attern cf existing and proposed land-uses. (d} Local etree~ shall be laid out to conform as much aS Dossible to the topography, to discourage use by through traffic, to permit efficient drainage and utitit7 ~ystem~ and to require the minimum number eX streets necessary to provide convenient and saf~ access to property. {e) The use of curvilinear streets, cul-de-sacs, or u-shaped streets shall be encouraqed where such usa will result in a more d~sirable layout. (f) Proposed streets shall be dedicated to the boundary li~as of the tract to ~e s~ividsd, unless prevented by topography or other physical conditions; or unless in the opinion of the Director of Planninq such dedication is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advanta- geous future development of adjacent tracts. (g) In business and industrial d~velapm~nts, the streets and other accesewaye shall be planned in connection with the grouping of buildings, locations of tall fac~litles, and the D~ovisio~ of alleys, truck loading and maneuvering areas, and ~alks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian. (h) Alt subdivisions shall provide for a second public road access prior to the recordation of any subdivision plat if the cumulative t~tal of the lots- in that subdivision is in excess of fifty-nine lot~, In additive, the count~ shall issue more than ~ifty building per, its in any sRbdivi$ion ~ntil the subdivider or develope~ co,plates construction of an approved second public road {i) The necessary rights-of-way ~nd cenmtruction easements for stub roads to provide adequate access to adjacent property or utility easements to provide utility service shall be dedicated at the time a,subdivisicn is r~corded. When the adjacent property is developed, the developer of such property shall connect and construct necessary s~ub xoads to Virginia Department of Transportation standards and extend utility service ho c0nnaut with the adjacent subdivision to county utility department standard~. {j] In any subdivision recorded or built in ~ectiens, all stub roads or utilitie~ in a ~eetloD ~e~igned to serve property in the subdivision but to be developed in a later ~ee~ion ~hall be constructed ~t ~he ti~e other streets or utilities in that section are constructed. {k) Curb and Gutter (1) Curb and gutter shall be required in all subdivisions, where any lot, exsept those lots fronting on the bulb of a cul-de-sac has less than 100 feet of public road frontage, or where the average frontage for all lots is less than 100 feet. (2) Furthermore, any ~ueh Subdivision granted tsnta=ive approval without curb and gutter, prior to February 12, 19~6!, and recorded prior to eauuary 1, 19S9, shall not be required to have curb and 'gutter unl~s~ the t~ntative approval is not renewed and expires. If a new ~dfvieion iS gren=e4 tentative a~Droval after August 25, 1988 curb and gutter shall be provided as required by the standard~ h~rein. (1} Th~ minimum pa~n% ~esign ~or all roads in any ~ubdivi~ion shall include two inches of 8-5 bituminou~ coucre~e. Thi~ provision shall be e~fective for any road where road and drainage ~le~ a~e e~bmittud for approval on or after Sec. 1~.1-4~. Railroads and highways. Subdivision of land adjacent %o railroad rights-of-way and limit~ acce~ high~ay~ ~hall be treated as follows: (a) I~ distrlote ~ened for business, con~ercial~ or industrial uses the neares~ street extending parallel or approximately parallel to the railroad shall, w~r~ver ~raoticable, be at a sufficient diatanse =hersfrom to insure suitable depth for commercial or industrial si%es. (b) Streets parallel to the railroad or limited access highway when intersecting a street which crosses the railroad or limited access hfghway at grade shall be, to the extent practicable, at a dis=anco of a= leaat cna hnnd~ed ~ifty ~eet from the railroad or limited access highway right-of-way. ~uch distance shall be ~etermined with due consideration of the minimum distance required for futur~ separation of gred~$ by means o~ appropriate approach gradients. Sec. 18.1-43. Access to arterial or collector ~trset~. Where a subdivision borders on or contains an existing or may require the ~ubdivider to provide tha~ the residential access to such streets be limited by one or more o~ ~hs %ollowing means: {a) The ~ubdivi~ion of lots ms as to back onto the major street and fron~ o~ to ~ parallel local street. Nc access shall be provided from the major street and screen planting shall be provided on a strip o£ land ale:g tbs rear property line of ~uch lots. (b) A s~ries of cul-de-sacs, T-shaped streets, or ~hort loops sntere~ ~rom and designed generally at right angles ~o such a parallel Street, with the rear line~ of their %er~inal lots backing onto the arterial street. lo) A marginal access or service road (separated from the major street by a planting or gragg et~ip and having access thereto at suitable points). 88-469 {~) Keeping the number of local streets entering a major street to a minimum. {e] Access ~o existing arterial or collector etreets er roads shall ba minimized. (i.e~ ~o one aacess per 500 feat on an arterial and to one access p~f 300 feet on a collecto~ read). (f) Ne single family lot shall front on an arterial. Sec. 18.1-44. Street right-of-way width. The right-of-way width of all arterials shall be that indicated on the general plan, or if no width is indicated thereon~ such width and 'all other design standards shall be determined by the Director of Tranmportation~ except, that no street shall have a streetrright-of-way width less than vnet s%amdards. In no cas~ shall the right-of-way width of a major a~teriat he less than ninety feet. Design standards for local and collector etreet~ in nonresidential (commercial er induu%rial~ ~ubdi~isions or parts of subdivisions shall be determined by the Director of TransDortation. In ne case shall such design standards be luss thun the minimum ~tandardu fo~ iow density raaldential subdivision. Sac. ~8.1-45. Cul-de-sacs'or dasd-and The diameter of a cul-de-sac turn-around (measured at outside right-of-wa~) shall not be les~ than VDO~ ~tandards. Cul-de-sac streets shall not be longer than twelve hundred feet. The agent may vary this requirement due to unique topographic conditic~. sec. 18.1-46. Street systems in new subdivisions shall bu laid cut as to eliminate or avoid half-streets. Where a half-street is adjacent to a new subdivision, the other hull of the street ~halt h~ dedicated by the ~ubdivid~r. Where a new ~ubdivfslon abuts an existing street of inadequate right-of-way width, a4dltlon~l rlght-Qf-way width ~ay be required to be dedicated by the aubdivide~ to meet tho require~ent~ of this section. Sec. 18.1-47. Street inturuection. (a} Streste shall be laid cut so as to intersect as nearly as possible at zigh~ angles. A proposed inber~ection of shall he prohibited. Not more than two streets shall existing intersections on ~he opposite $1~e of such street, (c) Alley intersections with streets and abrupt change~ in street or alley alignment shall have the corners rounded off intersection with an arterial or major collector street exceeds shall be provided having no more than a three percent grade [or Is) Intersections shall be designed with a flat grade wherever p~actic~!. ~n no case shall the vertical alignment within the intersection area exceed three percent. (Or current (f) Wh~re any s=reet intersection will involve earth banks or existing vegetation inside any lot corner that would create a trellis hazard by limiting visibility, the developer shall e~t Such ground or vegetation (including Lrees) connection with the grading of the public right-of-way to the extent deemed necessary to provide a minimum line of sight equal ts ten times the speed limit in feet along each approach leg, measured from the nearest rlght-Qf-way line Of =he inter- sectlng street. {g) MfnimHm corner radius at street intersections shall be twenty-five feet for local streets and thirty-five feet other streets. S.ec. 18.1-48. Alleys. {al Dead end alleys are prohibit@d ~cept under very unusual circumstances, and crooked and "T" a!leys shall be discouraged. Wh~r~ dead-end alleys are unavoidable, they shall be provided wi~h adequate turnaround fa:ilitias at the dead end. (b) Alleys shall not b~ required in residential areas. N~w attest n~mes shall not duplicate the names of existing streets, but streets that are continuations cf other streets already in existence and nams~ ~hall bear the name of the existing street. Ail proposed ~trsst names shall be approved by the appropriate regional review agency. Sec. 18.1-50. Pedestrian circulation. Subdivisions should ~e designed to ~no0urage the convenient movement of pedestrians throughout the subdivision and the development, without forcing pedestrians to walk along collector roads and major arterials. All pedestrian circulation system~ should be designed and constructed ~acilitate the linkage o~ existing cr proposed activity cent,rs (schools, libraries, commercial centers} located within ur adjacent to the boundaries of the subdivision. Sec. lS.I-51. (Re,erred), Division 3. Block~. Sec, 16.1-5~. Residential bloekB. (a) BlOCkB ~hall ha~e sufficient width to provide for two prescribed block width may be permitted in blocks adjacent to ~ohoel~, p~rks, major streets, railroa~s~ ~hopping senters or wate~wa~$~ Or Wh~re the physical size, shape, and location Of parcels prohibits application e~ this design. (b) The lengths, widths and shapes of bloek~ shall be appropriate fe~ the locality and th~ type of development contemplated, but block lengths in residential areas shall not exceed ~ne thousand eight hundred fs~t. Wherever practicable, blocks along major arterials and cellecto~ streets shall be not less than one thousand feet in length. Sec. 18.1-53. (Reserved). 88-471 Division 4, LOTS. $e¢, 1~.~754. Generally, (a) I~ general, the size, shape and oriantation of lots shall be appropriate for the l~cation of the subdivision and for the type of develo~msnt and 'uss contemplated. Lot dimensions shall conform to the requirements of Chapter 21 of this code, (b) Residential lots to be served by private or individual sewerage disposal faciliti~ ~hall e~mply with rules of the state health department. (c) Depth and width of properties laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loadinq required for the type of use and development contemplated, as established in Chapter 21 of thi~ Code. (d) Where residential lots front on arterial or collector streets, %he minimum building setback line shall be i~creased by an additional twenty-five feet. (e) Every re~idential lot, except those lots in a s~b~ivi~ion for ~ewnhouses, shall front on a public street. (f) ~oCs shall ~e laid out so as to provide positive drainage away frOm alt buildings, and individual lot drainage shall be coordinated with the general Storm d=ainage fo~ the a~ea. Drainage shall be designed so as to avoid concentration of storm drainag~ water from one Io~ to adjacent leto. (g) Lots at right angles to each other ~ha/1 be avoided wherever possible. (h) Side lot lines shall be approximately at right angles or radial to street lines, {19 LO% lln~ ~hall follow county boundary lines wherever praeticable~ rather than cross thum. (j) Double frontage and reversed frontage lots shall be avoided ex~ept where necessary to overcome specific disadvan- tages of topography and orientation. {k) Corna~ lot~ shall be of sufficient width to provide the required setbacks from be~h s~rests. {1) All lot sizes shall conform =o the County zoning Ordinance. Lots shall not =en~a~u p=culiarly ~haped elonga- tions ~olely to provide neoeseary square footaqe of area which would be unusable for normal purposes. (3) Th~ effective date of this ordinance shall be August 25, 19~; 9rovidad however that the provisions of former Chapter 18 shall apply to any subdiviEion for which tentative mpproval granted prior to Auguat 25, Ayee~ Mr, Applegate~ M~, Sullivan, Mr. Currin and Mr. Daniel. Abstention: Mr. 10.B. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTEKFIELD~ 197~ AS AMENDED, BY AMENDING SECTION 5-7 RELATING TO VICIOUS DOGS Mr. Micas stated this date and time had beau ~verti$ed for a publls hearing to consider an ordfnancs to amend the Code of the County o~ Chesterfield, relating to permitting the d~$t~u~¢tion of vicious dogs. proposed ordinance. Mr. Currin excused himself from the meeting. Mr. Daniel expressed conserns relativ~ to animals being ~rained to be vicious, if there Were State law~ prohibiting the vicious training of animai~ wi%bin re$ideDtial areas, etc. On motion of Mr, Daniel, seconded by ~r. Sullivan, the Soard authorized staff to pursue adoption of Iaw~ preventing the braining of vicious dogs and adopted the following ordinance~ V~, 1950, as amended Countyx Il} That Chapter 5 of th~ Cod% Of the County of Chesterfield, Virginia is amande~ an~ reenacted as Soc. 5-7. ~ame--vieious ~r destructive (a) I~ shal~ be unlawful to permit any vi0ious or destructive dog to run at Large withla the County, and any person owning, having control or harboring any such dog is hereby required to keep the ~ame confln~d within his {b) Upon conviction for a violation of this section and a finding by ~he Court that the dog ia v~¢ious or destructive, then, in addition any other penalty imposed therefor, General District or Circuit Court may order the owne~ of dog to permanently remove the dog from the C0un=y or may order that th~ dog be destroyed. (2) That this ordinance ~hall become effective immediately upon passage. 5ye~ Nr. Applegate, ~r. Sullivan, Mr. Daniel an~ Mr. Ab~ent~ Mr. Coffin+ Mr. Currin returned to the meeting. Mr, Sullivan excused himself from the me%ting. 10.C. TO CONSIDER T~ CQNV~YAmC~ OF A LEASE OF A BUILDING AND ADJACENT PROPERTY LOCATED AT 9908 LORI ROAD TO T~7~ UNITED STATES POSTAL SERVICE Mr. Ea~mer stated this date and time had been advertised for a public hearing to consider the conveyance of a tea$~ of real property to the Lori Road United States Post office. No one came forward to ~p~ak in favor of or against the matter. on motion Of Mr, Coffin, seconded by Mr. Applegate, the Board approved and authorized th~ County ~dmlnistrutor to execute the necessary documents to convey a lea~ of' a building and adjacent property on Lori Road to the United States Postal Service for a period not to exceed s~×ty (60) days b~ginning August 1, 19~9, which le~$e will be contingent upon the County's a~quis~tion cf said property. 88-473 Ay~m: Mr. Applegshe, Mr. Currin, Mr. Daniel and Mr. ~ayes. Absentz Mr. sullivan. 10.D. TO CONSIDER THE CONVEYANCE OF A PARCEL OF LA~D CONTAINING APPROXI~TELY 12 ACRES OF LAND AT TEE AIRPORT I~USTRIAL PARK TO CROW-KLEIN-bL~CFARLA~ ~2 Mr. Sals stated thi~ date and time had been advertised for a public hearing to eon~ider the conveyance of a parcel of land at the Airport IndusSrial ~ark to Crow-Klein-Mac, ar!sue ~Z; however, the company has withdrawn it~ offer to purchase said p~Op~rty. On motion cC Mr. 'Currin, secondad by Mr. Daniel, the Hoard accepted withdrawal of the offer by Crow-R!ein-MacFarlane ~2 to purchase a parcel of land containing approx£mat~ly 12 acres of land at the Airport Industrial Park. Ayes: Mr. Applega%e, Mr. Currin, Mr. Daniel and Mr. Mayem. A~sent: Mr. Sullivan. Mr. Sullivan returned to ~he meeting. 11. N~W BUSINESS ll.A.1. FY88 YEAR-END BUDGET ADJUSTMEb?TS On motion of Mr. Currin, seconded, by Mr. Sullivan, the Board approved FY88 year-end budget adjustments, totalling $485,00~, a~ Clerk to the ~oard $ 16,60Q New~ and Infora~ation Services 16,400 General Servicss Administration 30,000 Budget and Management 12,900 Accounting 21,QOO Human Resource Management 34,400 County Attorney 17,700 Assessor 34,600 · reasarer 36,500 Co~uuonwealth'm Attorney Sheriff 60,000 Parks an~ Rscreation 5t,200 Library 17,4~0 Euilding Inspection Registrar 26,000 Total: 475r000 ADDITIONAL ~V~NHE TO BM APPROPRIATED Sheriff $ 60,000 Building Inspection 55,400 Treasurer 36F500 Total~ $ 151,900 SOURCES OF FUNDS (~EPARTMENTAL SURPLUSES) County Administrato~ Clerk of Ciro~it Court Police Juvenile Detention Home 78,700 i7,00~ Buildings and Grounds 25,000 Sanitation 90,000 Total Expenditure Reductions: $ 323,100 Grand Total: $ 475e000' Vote ~ Unanimous ll.A.2. $IGNAGE P~0GRA~ FOR R~GION on motion of Mr. Daniel, seconded by Mr. ~ayes, the Board appropriated $15,000, which i~ to be included in the year-end adjustments funded from unspent hudqet allocations, for Chesterfield County's Share of ~he cost for developing a master plan for a regional ~ignaqe project for the Counties of Chesterfield, Manover and Renrieo and the City of Richmond which would identify and direct traffic to various points Of interest, with the total cost of $70,000 being divided among the localities and Richmond RenaisSance. (It is noted that f~rther expenses to install signs will be l~ft %O each locality's discretion.) ll.B. FYS8 SCHOOL APPROPRIATION NEALLOCATIO~ On motion of Mr. Currin~ seconded by Mr. Sullivan, the Dosed approved the ~Y~8 School appropriation reallocation totalling $3~210,080, which included $233,500 from th~ $~ million held back at the beginning of the year, $1,693,000 fro~ the Debt Reserve rom debt, and transfers of $~62,78Q for the Gifted Program, $2~6,800 for Vocational Education, $284,800 from Fixed C~arges to Instructional Programs, .and. $100,000 fxem Transpoztation to Op~ratlon and 'Maintenance. (A copy of the detailed listing of changes is filed with the papers of this Board.) ll.C. APPOINTMENTS ll.C.1. COMMITTEE ON TME FUTURE O~ TH~ COUNTY There was discussion relative to the creation of ~he Committee on the ~ut~re of the County~ which would be comprised of two ~2; representatives from each magisterial district, inclusion cf an additional member to serve ae Chairman for the first year in an at large capacity a~d to vote only in the even= of a tin vote, etc. Mr. Miea~ indicated the inclusion of an additional not comply with the requirements of the Charter. on ~otio~ of ME, Daniel~ seconded by Mr. ~ayes, the Board nominated Mr. Joseph L. Bigg~ and ~rs. Nancy Hudson, representing Dale Magisterial District; and Mr. J. Ruffin Apperson, representing Matoaua Magisterial Dietr~ct, to ~erve on the Co~ittee on th= Futur~ of the County, and deferre~ %he balance of the nominations until J~ly ~7, 198S, at which ~ime the ~card will make additional nominations an~ appointments simultaneously te the Commit=es. 88-475 11.C.2. M~TROPOLITAN RICHMOND CONVENTION ALID VISITORS BUREAU BOA~D OF D~CTO~ On motion of Mr. Daniel, seconded by Mr. Currln, the Board suspended the rule~ tn allow simultaneous nomination/appointment of Mr. Robert Brittle and Ms. Ann Anderson to serve on the MetrOpolitan Richmond Convention and visitors Bureau Board Of Directors. On motion of Mr. Daniel, seoonded by Mr. Mayas, the soard mlmultaneously nominated/appointed Mr. Robert Brittle, whose term is effective July 1, 198~ and expires June 30, 1989, and Ms, Ann Andermon, whose term is effective i~m~ediately and expires June 3~, 19~9, representing chest~r~iel~ County at-large, to serve on the M~tropolitan Richmond Convention and Visitors Bureau Board of Dfrsctore. 11.C.3. BOARD LANDFILL COMMITTg~ There was {iscussioD relative to aotivation of the Landfill Committee, its purpose and duties, sitizen participation on the Committee, the nemd for the Cemi~ittee to ~$$i$t th~ Board in resolving ~xisting sad/or futu~ landfill problems in County, etc. ~r. Currln suggested the matter be ~eferred until after the Board receive~ ~he consultant's report regarding stump/d~bri$ landfills. ~r. Mayas stated rece~= privat~ citizens' interest has indicated there ~sre more landfills throughout the County than legally permitted, he ~elt. the Board needs the i~pu~ of citi~on~ to a~i~t ~taff and the Board in re~olving these problems, and made a motion to reactivate the Landfill C0~mittoe and appoint two Board members and one citizen me/~ber from each magisterial district to act in an advisory capacity and per£orm r~search and report problems to the B~ard. Mr. Applegate seconded the motion. Mr. Daniel ~tated he also felt deferral of this matter was in order until after the Board receives the consultant's report that the Committee may be given a specific charge. Mr. sullivan s~ated it i~ anticipated th~ ~tudy may he completed by July 92 and a~ailable for a public work session by the last week in July. conducting public hearings to obtain oitizens' input when they will be the ones impacted. Mr. Currin m~de a su~st£tu~e motion, ssconded by Mr. b~niel, to table consideration of nominations/appointments to the Landfill Committee until such time as the stump/debri~ landfill study report ha~ b~en received by the Board. Ayes: Mr. Applegate, Mr. Sullivan, Mr, Currin and Mr. Daniel. Nays: Mr. Ma~ee. ll.D. CONSENT ITEMS ~I.D.~. C0~K~CTI0~ OF MA~ 25~ 19~ ~OARD MINUTES TO RE?L~CT CORRECT VOTE ON CASE 88SN0028~ JAMES W. BATTL= Mr. Currln disclosed to the Board that he declared a conflict in his company is involved~ with the contract for sale of the ~ubjsct preper~y, declared a conflict of interest relative to Stem ll.DoS, pursuant to the Virqinia Comprehensive Conflict of Interest Act and ex~ed high, If fxQm ~ke mestinq. corrected the minutes of May 25, 1988: "88SN0028 In Bermuda Magisterial Di~tric%, J;%M~ ~. ~I~ requested rszonin~ from Residential {R-7~ to General Business ~-3). A heating and air c~ndition~ng/fuel oil business and office/shop is planned. This request lies on a 1.7 acre parcel fxonting appro×imat~ty 200 f~t On ~he we~t li~e ef ~ams Avenue, appr~x£mately 2~0 ~aet north of Willi~ Read. Tax Map 8~-5 {3) Kingsland Eeight~, Lo% 9k (Sheet 23). Mr. Jacobson statsd the ~lanning Commission r~com~nd~d denial development; kowever, staff reco~ended approval as Droposed zonin~ and land ubs confo~ to t~e CantraI Area Land Use and Trans~ortatlon Plan and %be condition r~o~en~ed will ~he existing residential proper~y ~D th~ area. company is ~nuolved with a contra~t for sale of the ~ub~ect Nr. Jim Parkin~on, ~rs. Allen, Mr. Gens Shivlmy, Mrz. Shivley and Ms. Charleen Gregory, all resident~ of the adjacent residential neighborhood, voiced opposition ~o the proposed r~quest as it represented an intrusion into a stable with tk~ impact of tbs prupo=~ use on her neig~or~ and co--unity than she is with the benefits she would receive from ~he sale of the site. Mr. Oliver Rudy, r~pr~sen~in~ =he h~irs of the subject th~ n~ighborhood. into an established residential neighborhood, ~e appropriate- eondit~on~ etc. Mr. Daniel made a motion ~o de,er case SSS~0028 ~ntil June 22, and bring back to the Board a landscaping plan and buffering neighbors their properties would be protected and that Mr. Jacob~on indicated a ~ixt~ (60} day deferral would be un thi~ r~quest by a landscape architect. ~r. Mayas stated he concurred with Mr. Sullivan tha~ re~es% repr~en~ed an in~ru~ion into a residential n~ighborhood and consideration should be given to ~ quality of life of ~e residents who live in ~is neighborhood over and 88-477 M~. Danipl withdrew his motion. On motion of Mr. Sullivan, seconded by ~r. Mayes, the ~eard denied Case 88SN0028. Ayee~ Er, Applegate~ Mr. SulliYan, Mr. Currin and Mr. Muyes. Abstention{ Mr. Daniel." "SSSN0028 rezoning ~rom Resldential (R-7) to General ~ueinese (E-S}. h~ating and air conditionlng/fuel oil business and ofilce/shop i~ planned, This request, lies on a 1.7 acre parcel fronting apprexlmatsly 20~ feet north of Willis Road. Tax Map 82-5 Kimgsland ~eights, Lot ~A (Sheet 2~). Hr. Jacobsen stated the ~lanning Commission recommend~ed denial of Case 88SN0028 because of th~ proximity of residential development; however, staff teen, ended approval as the prepemed zoning and land use eonfor~ to the Central Area Land U~e and Transportation ~lan and the condition recommended will ~he existing residential property i~ the area. company is involved with a contract for sale of the Virginia CompreAensive Conflict of Interest Act and excused Mr. Jim Partisans, Mrs. Allen, Mr. Gene Shirley, Mrs. Shiv%ey and Ms. Char l~en Gregory, all r~id~nt~ of the adjacent residential neighborhood, voiced opposition ~o the r~q~$t as it represented aD intrusion into a ~table would depreciate property values, etc. Ms. Gregory fndieated 9he i~ the only one of ~evaral heir~ of the ~nhject property who lives in the neighborhood and stated she is more with the impact of the proposed u~e on her neiqhbor~ and the community ~-han she is with the benefits she would receive from the 9ale of the site. the neighborhood. There was discussion relative to the proposed use including an<t bring back to the Roar~ a landscaping plan and buffering neighbors their properties would be protected and that proposed use. There was ~o second to the motion. Mr. ~aoubacn indicated a sixty (60) day deferral would be on this request by a landscape architect. Mr. Mayes stated he concurred with se. Sullivan that this neighborhood and consideratiun should be given to the quali~y Of li~e Of the residents who live in this neighborhood ever and above the business interests involved, Mr. Daniel withdrew hi~ motion. denied Case ~$SN0028. Ayss: Mr. Apple~at~, M~. S~Ili~an and Mr. Mayes. Abstention: Mr. Daniel. Absent: Mr. Currin. Mr. Currin returned to the meeting." Ayes: Mr. Apple~ate, Mr. Sullivan, Mr. Daniel and Mr. Mayes. Absent: Mr. Currin. Mr. Currin ~eturned to the meeting.' ll.D.1. HIGHWAY SAFETY GRANT AFPLICATIONS On motion of ~r. Sullivan, secondad by Mr. Daniel, the Board approved and authorized ehe County. Administrator to apply for the following Highway Safety Grant applications from th~ Virginia Department of Motor Vehicles, which grants ~ould require the County to advance, ~ubjs~t tu reimbursement by DMV, ~unds to pay salaries or purchase goo~ and ~ervices involved, if approved= ~. DUI Rovimg Enforcement $ 4~,9~4 2. Crash Team Specialized Training 42,984 3. Traffic Analysis Trainin~ 9,000 4. Radar Units 33,350 5, A!oosonsors (Breath Testing Devices) 13,860 6. Truck Accident Investigation Training (Crash T~am) ~,000 7~ Traffic Cou~ting b~vices and Services 20,000 Total: (~t i~ noted the cost to the County would be in-kind match ~sing presently budgeted salaries to match the grant fund~, and approval of these grants authorizes ~he County Administrator to appropriate funds, if the granes are approved. A copy of the Annual Highway Safety Applications are f~Ied with the papers of this Board.) ~l.D.2. STATE ROAD ACCEPTANCE REVISION This day the County Environmental Engineer~ in accordance with directions from this Beard, made report in writing upon his examina=iun of Danhmrm= Drive in Danhurst Wood~ Section 1, ~id~othian D~triot. Upon consideration whereof, and on motion of Mr. ~ultivan, seconded by Mr. Daniel, it is resolved that Danhurst Drive in Danhur~t Wood~, Section 1~ Midle~hian District, be and it hereby is established as a publi~ road. And be it farther re~olved~ that the ¥izginia Department of Transportation, be and it hereby is requested to take into the Secondary System, Danhurst Drive, beginning at the intersection with Depot Street and going southerly 0.85 mile~ then turning and continuing ~asterly 0.04 mile to end in a dead end. Again Daahurst Drive, beginning at the intersection with Depot Street and gelng northerly 0.01 mile Co end in a dead end. 88-479 Thi~ rm(I~e~t is inclusive of the adjacent slope, eight distance and designs=ed Virginia Department of This road serves 12 lots. And be it further resolved, that =he soard of Supervisors guarantees to the Virginia Department of Transportation, a 40' right-of-way for Dan_hure~ Drive. Thi~ sea,ion of Danhurst woods is recorded as follows: Section 1. Plat Book 42, ~age 74, April 5, 1983. Vote: Unanimous ll.D.3. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of ~itl%op Field Brive in Rill=ap Farm~, ~ction C, Bermuda District. Upon consideration whereof, and on motion of ~r. Sullivan, seconded by Mr. Daniel, it is resolved that Hilltop Field Drive in Hilltop Farms,.Section c, Bermuda District, be end it hereby is e~tablishe~ a~ a publio road. And be it further resolved, that =he Virginia Transportation, be and it hereby i~ requested to take into the Seeend~ry System, ailltop Field Drive, beginning at the inker- section with Farm Field Drive, State Route 9582, and going southerly 0.1 mile, then turning and going easterly 0.09 mile to end in a t~mporary turnaround. This request is inclusive of the adjacent slope, sight distance and 4esignatsd Virginia Department of Transportation drainage This road ~erve~ 22 lots. guarantees to the Virginia Deportment of Transportation a 50' right-of-way for this road. This section of Hilltop Farms is recorded as follows~ Section C. ~lat Book 53, 9age 31, June 2~, Vo%e~ Unanimeoe This day the County Envirorn~ental Engineer, in accordance with directions ~rom ~his ~eard, made rspor~ in writing upon his ex~mination of ~randermill Parkway~ Birna~ Woods Drive; Dirham Woods Court, Birnam Woo~s Place, ~irnam Woo~ Road, Birnmm Woods Terrace and Deer Meadow Road in ~irn~m Woods, Section 1, Clover ~ill ~i~trict. Upon consideration whereo~, and on motion of Mr. sullivan, seconded by ~r. Daniel, it i~ re~olved that Brandermill Park- way, Dirnam Woods Drive, Dirn~ Woods Court, sirnam Woods Road in Birnam Woods, Section t, Clover Hill District, be and they h~r~by are established as public roads. And be it further resolved, that ~e Virginia Department of T~anspo~tation~ be and it hereby is r=~usted %O take into the secondary system, Brande~ill Parkway, beginning at existing Branda~ili Parkway, State Route 1921, and goinq northerly 0.02 milo to the intersection with Bi,nam Woods Drive, then continuing northerly 0.09 mile to end at proposed Brand~rmill Barkway, Dear ~aadaw subdivision; Birnam Woods Drive, beginning at the intersection with BrandermiI1 Parkway and going westerly 8.05 mile to the intersection with Birna~ Woods Court, then continuing westerly 0.06 mile to th~ interseetiea with Birn~m Woods Place, then continuing westerly 0.0A mile to the inter- section with Birnam Woods Road, then turning and going northerly 0.0g mile to the intersection with Deer Meadow Road, then turning and going westerly 0.06 mile to end in a cul-de-sac; Birna~ Woods Conrt~ beginning at ~he intersection with Birnam Woods Drive and going northerly 0.05 mile to 9nd in a c~l-de-~ao; Birn~ Wood~ Plac~ beginning at the inter~ection with Birn~ Woods Drive and going northerly 0.05 mile to end in a cul-de-sac; Birn~ Woods Road, beginning at the intersection with Birn~ WOODS Driv~ mhd going westerly 0.07 mile to the intersection with Birn~ Woods T~rrace, %hen turning and going northerly 0.06 mile =o end in a cai-de-sac; Birn~ WQQd$ Ter~aee~ beginning at the interoectiQn with Birnam Woods Road and going southerly 0.06 mile to end in a cul-de-sac; and Doer Meadow Road, beginning at the intersection with Birn~ Woods Drive and going easterly 0.04 mile to end a= proposed Deer This request im incluuivu of the udjacmnt slop~, sight distance and designated Virginia Depar~ent of Transportation ~rainmge These roads mm~ve 50 lots. And be it further resOlVed, that the Moard of supervisors guarantees to the Virginia Department of Transportation a 50' right-of-way for all of th~me roadm mxcept Br~n~e~ill Parkway which has a variable 70~ =o 120' width right-of~way. This sou%ion of ~irmam Woo~s is recorded as followm: Sec=ion 1. Blat ~ook 46, Pagee 83 & 84, July 26, 198~. This day the County Environmental Englnoert in accordance wlt~ direotlons from this Board made report in writing Upon his ~×aminat~on Of ~randgr~tll P~rkway, Deer Meadow Drive, Deer Meadow Lane, Deer Meadow Court~ Deer Meadow Terrace, Deer Meadow Place and Dear Meadow Road in Deer Meadow, Clover Hill District. Upon consideration whereof, end on motion of Mr. Sullivan, ~econded by Mr. Daniel, it ia resolved that SrandermilI Parkway, Deer Meadow D~ivs, Dee~ Meadow Lane, De~r Meadow Court, Deer Meadow Terrace, Deer Meadow Place and Deer Meadow Road in D~er ~eadow~ Clover Hill District, be and they hereby are estabIished as public roads. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requested to take into the Secondary System, Brandermill Parkway, beginning at existing Brandermill Parkway, ~tate Route nuclear to b~ assigned, and going northerly 0.I0 mile to the intersection with Deer Meadow Drive, then continuing northerly 0.27 mile to and in a dead end; Deer Meadow Drive, beginning at the intersection with Brande~mill ~a~kway ~n~ going westerly 0.04 mile to the intersection with Deer Meadow Lane, then continuing westerly 0.04 mile to the intersection with Deer Neadow Conrt, then continuing westerly 0.06 mile to the intersection with Deer Meadow Terrace, then continuing westerly 0.06 mile to the interseetio~ with Deer Meadow Place, then Continuing w~storly 0.05 mile to the intereection with Deer Meadow Read~ than continuing westerly 0.09 mile to end in a cut-de-sac; Dear Meadow Lane, beginning at the i-t~$~otion wi~h Deer ~eadow Drive and going sautherly 0.11 mile tn end in a c~]-de-san. Again, Deer Meadow Laner baqinnieg at the intersection witk Deer Msadaw Drivs and going northerly 0.07 ~±1o ~o end in a cul-de-sac; Deer Meadow Court, beginning at the interseotion with Deer Meadow 9rive and goin~ northerly 0.O5 mile to end in a cul-de-sac~ Deer Meadow Terrace, beginning at the inter~ction with Deer ~eadow Drive and going southerly ~.06 mile to end in a cul-de~sao~ Deer M~mdow Plaoo, beg~nniDg m% ~ke intersection with Deer Meadow Drivs and goin~ ~outhsrLy 0.04 mile to end in a cul-de-sac; and Deer ~eadow ~oad, beginning at tbs iuterssction with D~er Meadow Drive and going westerly 0;05 mile %0 ~nd a~ existing Desr Meadow Read, State Route number tn be assigned, ~irnam Woods ~ubdivi~ion. This request is inclusive of the adjacent slope, sight ~i~tance and designated virginia Departmen~ of Transportation d~alnage easements. The~e road~ ~erVe E5 lots. And be it further resolved, that the Board of Supervisors guarantse~ to the Virginia Department of Transportation a 50' right-of-way for all of ~hese roa~ e~¢~p% RraDde~ill ~arkway which has a variable 70' %o 140' width right-of-way. Deer Meadow is reoorded as follows: Plat Book 49, Pages 5, 6 a 7~ April 1, 1985. ll.D.4. A~ENDMENT TO BEARD OF SUPERVISORS MINUTES OF ~AY t98~ CORRECTING ADVERTISEMENT OF PUBLIC HEARING On motion of Mr. Sullivan, seconded by Mr. Daniel, +_he Board correcte~ the minute~ of May 25, 1988, as follows: F~OM: "on motion of Mr. Sullivan~ seconded by Mr, Currin~ the Board approved and authorized the Chairman of the ~oard and County Aclmini~trator to execute an easement agreement with C&P for the installation of buried cable and set the date of June 22, 1988, at 9~00 a.m.~ for a public hearing to oonsider both the easement agreement with C&P and tho conveyance of the right cf way at Ettrick Elementary Sohool necessary for the Routs 36 overpa~s project to the Virginia Department of Transportation (VDOT). {A espy of the plat is filed with the papers of this Board.) "On motion of Mr. Sullivan, seconded by Mr. Currin, the Board approved and authorize~ th~ chairman of ~he ~oar~ an~ County Administrator to execute an easement agreement with C&P ~or the at 9:~0 a.m., for a public hearing to consider the conveyance of the right-ox-way at Ettrick Elementary School necessary for ~ Transportation ~VDOT). (A copy of the plat is filed wi=h the paper~ of this Board.} Vote: Unanimous" ll.D.5. CANCEL UNCOLLECTI~L= ACCQ~I~T$ ~CEIVAELE On motion of Mr. Sullivan, seconded by Mr. Daniel, the Board cancelled uncellectible accounts receivable for various departments totalling $131,754.33, a copy of which is filed with the papers of this Board. (It is noted the County will continue to try to collect these aeuounts through various legal procedures.) ll.D.6. CANCEL LONQ-TEP~ ADVANCE FROM THE' GENERAL F~ND TO THE AIRPORT Ft~D On motion of Mr. Sullivan, seconded by Mr. Daniel, ~h~ ~oar~ canoelle~ a lonq-term advance from the General Fund to the Airport Fund during FY?9 and FYSO in the amount of $47,800. {It is noted approval o~ the cancellatien will not impact thm General Fund's unappropriated fund balance.) Vote: Unanimous .ll.D.7. BEQUESTS FOR PERMITS TO STAGE FIREWORKS DISPLAYS On motion of Mr. S~llivan~ seconded by Mr. Daniel, the Board approved reguests for fireworks permits for Mr. George F. Hoover to be held at 2 Bellona Arsenal, Midlothian, Virqinia, Om July 4, 198~; Brandermi11 Community Association to be held at the p~nin~ula in S~nday Park~ at the take ~n the Srandermill/woodlake community on July 4, 1988; and Chesterfield County Parks and Recreation Department to be held at the county s~adium and fairgrounds on July 4, 198S; with approval o£ ~aid permits contingent upon approval from the Fire ~arshai on or before July 3, I985, :hat ~he di~pl&ys will ba in compliance with the requirements of County Fire Prevention er does not otherwise prssan~ any unreasonable safety hazard and that liability insurance in the amount of $1 million has been obtained with Chesterfield Co=nty named an additional insured. ll.E. CO~tTNITY DEVELOPMENT ITEMS ll.E.I. STOP~4 WATER MA~AG~/~E~T SYSTE~ AGREEMENTS ll,E,l,a, ~EILIG MEYERS FURNITURE STORE/JEFFERSON DAVIS HIGHWAY On motion cf Mr. Daniel, seconded by Mr. Sullivan, the Board approved and authorized the County Administrator to execute a maintenance agreement for a Storm Water ~ana~emeet System with the developer of Heilig Meyers Furniture Stor~/Jeff~rson Davis ~ighway, a copy of which is filed wi~h the papers e~ this Board. On motion of Mr. Daniel, seconded by ~r. Sullivan, the Board approved and authorized th~ County Administrator to execut~ a maintenance agreement for e ~torm Wa~er Management S~stem with the de,eloper of Gateway Cente~, a copy of which is filed with the papers of this Board. Vote: Unanimous 11.~.1.c. CINEPLEX On motion of Mr. Daniel, seconded by Mr. Sullivan, the Board approved and autho~im%d the County Administrator to execute maintenance agreement for a Storm Water Management System with the developer of Cineplex Odeon, a copy of which is filed with the papers of this Board. Vote= Unanimgus ll.E.l.d. OLD BUCKINGHAM STATION On mOtiOn ui Mr. Daniel, seconded by Mr. Sullivan, the Board approved an~ authorized the County Administrator to e~eoute a maintenance agreement for a Storm Water Management System with the developer of Old Buckingham Station, a copy of which is filed with the papers of this Voter Unanimous ll.E.2. DBAINAGE AGREEMENT WITS DEVELOPERS OF MIDLOTMIAN MAPJfET $~0PPING C=~T=R On motion of Mr, Applega~e, secondmd by Mr. Sullivan, thc ~oard approved and authorized the County Administrator to execute a drainage agreement with ~he developers of M~dlo~hian ~arket shopping Cente~ for certain off-site drainage imprcVementu tO be constructed through an easement from Midlothiaa Marke~ Shopping Center to Bcottingham Drive, a copy of which is filed with the papers of this ~oard; an~ authorized expenditure o~ $34,300, which monies the developer has proposed to pay ~ha County to install the ~o~nstream imDrnv~msnt~ along the drainage course, on an as-needed basis, to Poco=hock Creek. Vote: Unanimous li.H. LUNCH The Board re~e~d to travel tm the Holiday Inn-che~ter for lunch. ll.I. CBREMONY TO REPLACE HISTORIC HIGHWAY MARKERS WITH ROUTE 10 The Board traveled to thc intersection of Route l0 and Enon Church Road to a~tend a ceremony wi~h the members of the Chesterfield Historical Society for the replac~ent of historic highway markers for Port Wclthall and ~oint of Rooks. Mr. Applegate stated the unfinished portion of the agenda from tko morning session would be considered after rezoning. I1.J. REQUESTS FOR MOBILE ~OME PER~ITM 885R0087 In Mitoses Magisterial Dist~ict~ A.L. HENDRICKS requested renewal of special Exception 835R070 ho park a mobile home on property fronting the southeast lin~ of ~nll Street Road, approximately 280 f~t cast of Specks Drive, and better known ss 10609 Hull street Eoad. Tax Map 49-11 (1) Parcel 6 (sheet 14). T~e first permit was issued on May 24, 1978. Mr. Jacobsen stated staff recommended a sixty (60) day deferral of bhis ease to permi~ cleanup on the site as well as removal of an unpermitted mobile home and indicated the applioant cOnCUrs with th~ recOmmends%ion. There was no opposltien pre~ent to the r~q~e~% fo~ a deferral. On motion of Mr. Mayes, seconded by Mr. Currln, the ~oard deferred consideration of Case 88SR00B7 until August 24, 1988. Vote: Unanimous Xn MatOac~ ~agist~rial Di~trict, HA~¥HAYWOOD VAU~HAN, J~. r~- quested renewal of Special Exception 86S106 to park a mobile home on property fronting the ~ast line of Franklin Aven~, approximately 80 feet south of Falrfax Avenue, and better known as 21305 Franklin Aven~e. Tax Ma~ 180-15 (2) Radoliff, ~lock A, Let 12 (Sheet 52). The first permit was issued in June 1967. Mr. Jacobsen s%ated staff recommended a~rova~ of this request, subject to standard conditions, as ~his is a renewal request for an existing mobile home. ~e stated, however, because of the potential for further development in thi~ ar~a, applicant should look upon this approval as temporary and which may or may not necessarily be r~newed in %h~ futur$. Mr. Harry H. Uaughan~ Jr. ,stated th~ reeo~nded conditions were acceptable. There was no oppo$1~ion present. There was a brief dissuasion/clarification as to who owned the mobile home and the land. Om motion of Mr. Mayer, s~conded by ~r. Currin, the Board approved Cm~e 88SR0086, for' a period of seven {7} subjec: ~o the following standard conditions: Th~ applicant shall be the owner and occupant of the mobile home. mobile home ~ite, nor shall any mobile home be used for rental property. 0nly one (1) mobite home shall be pe~itted to be parked on an individual lot or parcel. The minimum lot size~ yard setbacks, required front yard, and other zoning.requirements of ~ applicable zoning district shall be complied with, except that no mobile home shall be located ulos~r than 20 feet to any existing 4. NO additional permanent-type living space may b~ onto a mobile home. All mobile hum~s shall be skirted bu= shall not be placed on u pxrmanen% fonnda%ion. 5. Where public (County~ water and/or s~wer ar~ available, they shall be used. 6. T~n b~ing granta~ a ~ob~le Home ~ermit, the applicant shall th~n obtain the necessary pe~its from th~ Offiae the ~uil~ing O~c~al. Th~s ~hall be done prior to the installation or relocation of the mobil~ home. 7. Any violatio~ of the above conditions shall be ground~ for revocation of ~he ~obile Home Pe~it. 888~0088 In Bermuda Magisterial District, ROBERT ~ B~.B~A requested renewal of Special Exception S3SR0$7 to park a mobile homo on property fronting thc north line of Willis Road, approximately 290 feet east of Garment Avenue~ and better known The first permit was issued in March 1974. Mr. Jacobsen stated staff recommended approval of thi~ subject to standard conditions, as this is a renewal for an existing motile home. He stated, however, because of applicant ~hould look upon this approval as temporary and one which may cr may not necessarily be renewed in the futura. Mr. Aobert Lewis stated the recommended conditions acceptable. There was no opposition present. On motion of Mr. Currin, ~econd~d by Mr. Sullivan, the Board approved Case 88SRO058, ~er a ~eriud of seYen (7} years, subject tQ the fclluwlng $~andard eonditions~ 1. The applicau~ shall be ~h~ owner and occupant of ~h~ mobil~ home. 2. No lot or parcel may bo rented or leased for uss ~obil~ ho~e sit~, nor shall any mebil~ home b~ u~ed for rental property, only one (1) mobile home shall be permitted to be par~ed on an individual let er parcel. 3. The minimum lot size, yard setbacks, required frunt yard, and other zoning requirements of the. applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any e~isting residence. 4. NO additional permanent-type Living space may be onto a mobile home.' 'All mobile homes shall b~ ~kirted but shall no___~t b~ plaCsd On a permanent 5. Where public (County} water and/or sewer are available, they ~hall be used. 6. Upon being granted a ~obilu ~ome P~rmit, the applicant shall then obtain ~he neo~ssary permits fr~ th~ Office the Building Official. This shall be acne prior installation or relocation of the mobile hom~. Any violation of the above oonditionB shall be grounds for revocation of ~he ~obile ~ome Vote rezoning from Agricultural (A) =o General B~sine~s (S-3) on 3.01 sores and General Industrial (M-~; on lS,3 acres. A This request lies ena ~O.6 acr~ parcel fronting approximately from a point approximately ~00 feet west of Old ~Dnd~ed Road. Tax ~ap 13 (1) Paroel 15 (Sheets 5 and 6). 1955 moa%lng, ~f~rred consideration of Ca~s 885N~064 until consideration of the request un=il July 27, There was no oppo~itio~ present to th~ deferral. on motion of Mr. Sullivan, seconded by Mr. Curtis, the BOard deferred consideration of Case 85~00~4 until July 27, 1988. ~ota: Unanimous 88HP0007 Landmark designs%ion fe~ ~xu~ ~II~. Located in Matoaca Magisterial District on property fronting the mouth line of WinterpoGk Rea~ at Adventure Hill Lane, and betaer known as 11801 Winterpcek Road. Tax Map 108 {11 Parcel l0 {Sheet ~r. Jacobsen stated %he Planning Commission and Preservation Committee recommended approval of Landmark Designation for Adventure Hill, based on the following findings: Th~s ~s a dlstinguish~d building of high architectural quality and historic interest; and 2. This designation will cause no significant adverse e~fect On the future development of the County. Mr. Jacobsen indicated the applicant was not present due to Dhyscial b~ndicaps. There was no opposition present. On motioa Qf ~r. Mayas, seconded by Mr. Sulldvan~ the Board approved historic landmark d@signation for A~ven~urs Hill -- described as follows: Adveneure Mill - Located in the Matosca Magisterial District on property located ~t 11801 Winterpock Road a~d fronting the southeast line of Winterpoek Road and the west line of Adventure Hill Road, Tax Map 108, Parcel 10. Vote: Unanimous In Clover ~ill Magisterial District, CO~9~ON~EA~T~ COP--DOnATION r~qu~ted Conditional Use %~ p=rmi= a utility structure in an Agricultural [A) District on ~ 0.1 acre parcel ~ronting approximately 10 fee~ on ~he we~ lin~ of Turner Road, approximately 2,000 feet south of Elkhardt Road. Tax Map 29-9 (t) R~rt of Parcel 47 (Sheet 9). Nr. Jacobsen stated the Planning C~ission r~co~ended approval of Cas~ 888021, subject to certain condi~ion~. Mr. Wayne Hildreth~ representing the applicant, ~tated the opposition pfe~ent. On motion of Mr. Apple~ate, seconded by Mr. ~ullivan, the Board approve~ Case 8~S021, subject to th~ following conditions: 1. The following conditions ~nutwithstan~ing, the plan revi~ed May 12, 1988, shal] be considered th~ 2. Th~ structure shall have an appearance s~ilar depicted in the elevat~on~ dated DeCember 22, 1987, and the picture submitted with the application. The structure ~hall employ sunned colof~, The color shall ba approved by the Planning D~par~ent aC the time of site plan review. (p) 3. The site shall be secured with a fence so a~ to preclude Within the five (5) foot setback be[ween the ~a~u~ity f~nce and southern property boundary, existing vegetation ~hall bo maintained and supplemented~ where necessary, with dense evergreen plantings having an initial height and density to screen the utility structur~ from adjacent residential property to the south. 5. Within the nine {91 foot setback between the driveway and southern property boundary, existing vegetation shall be preserved and maintained. There shall be no clearing or grading within thi~ setback. 6. Install fencing on the ~outh ~ide of the access from the fifty {50) foot by ~ixty (60) foot lot to an existing fence iunning parallel to Turner Road and install a gate in the existing fence across the proposed e~sement, with the gate to be locked during ~nattended Operation, [Note: Prior to obtaining a buildiAg per, it, site plans must be submitted to the Planning Department for approval.} Vote: Unanimous 8~SN0030 (Amended) In Matoaca Magisterial Distriet~ WILLIA~ B. AND GENE H. DUVAL requested rszoning from Agricultural (A) ~o Residential (R-9). A single family residential subdivision is planned. This r~qu~st lie~ on a 117.1 acre parcel fronting approximately 900 feet on the north line of Hickory Road, acros~ fr~m Hickory Ccur~ and willowdale Drive. Tax Map 174 {1) Part of ~arcet 56 end Tax Map 181-7 (1) Parcel 5 (Sheets 49 and Mr. Jacobsen stated the Planning Commission recommended approval of Case 88SN0030, Subject to a single condition and aec%~tancs of a single proffered condition, ~r. Delmonte Lewis, representing th~ applicants, sta~d the recommended condition was acceptable, There was n~ eppneit~on present. On motion of Mr. Mayes, seconded by ~r. Curtis, the ~oard approved Ca~e 885N0030, subjest to ~he followin~ condition; A fifty (50) foot building Setback and buffer strip, excl=sive ef easements and required yards, ~hall established and maintained along Hickory Road (Route 628). The area within this bu~ur strip shall be planted, bermed, and er l~ft in ±~s natural state if there is sufficient vegetation to provide adequate screening. If sufficient vegetation does not exist, a landscape plan shall be ~apDroved by the Planning DsDartment an~ a bond po~ted to cover the cost of implementing the plan prior to recordation of e~bdivisi0n plats. The developer shall flag the buffer strip for inEpection prior to recordation of any plat. Except. for approved public road access(es), no acceEE shall be permitted through this b~ffgr Strip. This building setback and buffer strip shall be noted on final chock and rg¢ord plats. The Planning Commission may modify this condition or permit motor vehicle access to th~ property ab the time of tsnta%ivm subdivision review. {P&T) And further, the Board accepted the following condition: Thm 117 ~ acre parcel shall cen:ain no more :han 220 lets. Vote= Unanimous 885~0034 In Matoaca Magisterial District, GLeN M. ~I~, ~U~LD~R request- ed rezoning from Agricultural (A} to Residential (R-25). A single family residential subdivislen is planned. This request lles on a 233 acre parcel fronting approximately 1,254 fast eh the south line o£ Beach Road, approximately 5,800 feet west of Second Branch Road. Tax Map 110 (1) Part of Parcel 10 (Sheets 29 ~nd ~r. Ja=obson stated the Planning Commission recoimuended approval of Case 88SN0034, subject to a ~ingte condition and asoeptance of the proffered o0ndi~ions. Mr. ~elmonte Lewis, representing the race--ended condition was acceptable. On motion of ~r. Mayas, seconded by applicant, stated the There was no opposltio~ ~r. ~rrin, the Board approved Cas~ 88SN0034, subject to the iollowing condition~ A fifty (50) foot building setback and buffer exclusive of easements and required yards, shall be ~tablimhed and ~aintained along Beach Road (~OU~V The urea within th~e buffer strip shall be planted, harmed, and or left in it~'natural stats if ~here is sufficient vegetation to provide adequate screening. If sufficient vegetation dOeS not exist, a landscape plan shall be approved by the Planning Department and a bond po~d %o cover the east of implementing tb~ plan prior recordation of subdivision plats. Th~ developer shall flag the buffer strip for inspection prier ~o recordation of any plat. Except far approved public road access(es), no access shall be pe~mitted through this buffer strip. This building setback end buffer strip shall be noted on fine5 eh~¢k and r~cord plats. The ~lanning Commission may modify this condition or per, it motor vehicle access the property at the time of tentative subdivision review. (P&T) And further, the Board a~eepted the following proffered ¢oDdltlons: 1. There will be no lot recorded with a gross ar~a ef than 30,000 s~uare f~et. 2. There will be a maximum of 16O ~SMN0040 In Bermuda Magisterial District, {B-2). A health club is planned. I{ICI~D M. A?~.~N requested (S-l) to Community Business This request lies On a 1.1 acre par=el fronting apprexlmately lS0 feet on the West line of Lee Street, approximately 4~5 feet north of We~t Hundred Road. Ta~ Map ~15-~ {6) ~unnally's Addition~ Lot 15B (Sheet 32). Mr. Jacobsen stated the Planning Commission reccx~ended approval of Casa 8~SN00A0, subject to u single cen~ition an~ acceptance of a single proffered condition. Mr. Richard Allen stated the recommended condition was acceptable. There was no oppesitien present, On motion u~ Mr. Currin, seconded by Mr. Sullivan, the ~oard approved Case 88SN0040, subject to the follewing cendition: A twenty-~ive (25) ~oot b~ffer shall be maintained along the north and wes~ proper~y boundaries. Other than utilities, one (1) dumpster pad within the wpster~ per=ion of the buffer, landscaping and fencing, if desired, shall be no facilities permitted within this buffer. This buffer shall be planted with White Pines, or similar evergreen trees, having an initial height und density tu screen parking and driveway areas f~em adjacent residential properties. And further, the Board accepted %h~ following proffered condi=ion: The use of this property shall he restristed %0 the use~ permitted in a Convenience Business (B-l) District plus hsalth club. Vote: Unanimous In Bermuda Magisterial District, H.E.P.., A F~RGINIA PART~E~IP requested rezoning from Agricultural (A),to Residential (R-i5). A singls family residential ~ubdivlsicn is plann~d. This request lie~ on a 31.7 acre ~arc~l fronting approximately 667 feet on the south llne of ~non Church Road, approximately 2,650 feet east of Ranblewoed Road. Tax Map 135-13 (2) Cameron Farms Resubdivision, Lots 46 and 47; Tax Map 135-14 (2) Ca~%eron Farmu~ LOt 5~ and Tax Map 135-14 (3) Cameron Farms Resubdivi- sion, Lots 1 through 5, 48 fh~ough $5, and 5~ Mr. Jacobsen stated the Planning Commission reco=~nended approval of Case 885N0046 and acceptance of the proffered conditionz. Mr. Randy Jones, representing the applicant, stated the recommendation was acceptable. There was no opposition present. On motion of Mr. Currin, seconded by Mr. approved Case 88SN004~ and accepted the conditions: Mr. Currin inquired if the concerns Of Er. Eller, an adjacent property owner, relative to ~tub roads had been addressed. Mr. Jacobsen indicated Mr. Eller's concerns would be addressed at the time of tentative subdivision approval. Sullivan, the Boasd following proffered The ~ev~loper will proffer that all lots in this request shall have a minimum size of 20,000 square feet and the maximum number of lo~s shall be forty (40). Tke developer will proffer dedication of one (1) acre of land, free of title, defects, for the purpose of public ~chools, public parks or other public community facilities within Lots 15, 16, 17, 40, 41, 42, 43, 44 and/or 45, and/or from %he parcel under rezoning in Cameron Farms. The developer will proffer ~hat for back yard exposure lot~ a fifty foot ~tback and buffer ~trip exclusive of easements and required back yards shall be established and maintained along ~non Church Road and that for side yard exposure lots to Enon Church Road a twenty-~ive foot yard b~er shall be established and maintained along ~non Church Road exclusive o~ easements and required side yards. The developer shall proffer that the area of these buffer stripe shall be bermed and landscaped on the Enon Church Road side of terms according :o a plan approved by the Planning D~partment. The b~fm on the aide yard buffer may extend into the utility easement to provide additio=al screening if r=quirad. Th~ developer will proffer internal landscaping in subdivision to include one ~ree per lot along the reade. Said trses shall bo a minimum caliper of 3 inch~ in diameter. Prior to approval of any final s~te plan or ~ecordation o~ any plat, the developer shall poet a bond through this buffer ~halt be approved by the Transporta- tion D~pa~t~nt~ Tkis building setLack and ~uffer ~trip shall be noted on any final site plans and on any final check and ~$¢erdatlon p~ats. The Planning ¢or~r~ission may modify thi~ condition at the ~im~ of ~ite plan or tenta- tive subdivision review. The developer further proffers %hat the subdivision re- strictions will include but not be limited to the ~o!low- lng items: l. ~ouse sise minimum square feet h~ated. 1 story - 1.5 and 2 story - 1,~00 2. No home shall have exposed block or painted block foundations. Vote: Unanimous 88SN0047 In Midlothlan Magisterial District, ~ALISBIIRY requested amendment ~o Conditional Use Plannsd Development {Ca~e 86s06d) relative to setbacks f0~ accessory ~truotur~$. ~his request lies in a R~sidential-~ownhnuse {R-T~) District on a 10.1 acre parcel lying approximately 250 fee% off ~e south llne of Arrandell Road, m~asured from a point approx~atmly 565 ~eet east of Helm~ley Road, also locatmd approx~tely feet off the north lige of West salisbury Road at Pagehurmt Drivm. Tax Map 7-8 (8) Salisbury Village, Block C, Lots through 36; Ta~ Map 7-10 {6) Salisbury Villa~, ~lock A, Lotm through 12; Block B, Lots ~3 through 24, and Block C, Lots through 27; and Tax Nap ~-10 (6) Salisbury Village, LOt 37 {Sheet 2). Mr. Jacobsen s~at~d th~ Planning Co~is~ion reco~end~d approval o~ Case 88SN0047, subjec: ~o a ~in~l~ ¢on~ition. Mr. J~ Hay~s, representing ~ applicant, ~tated the r~co~end~d condition was ~cceptable. Ther~ w~$ no 0~ mo=Jun uf ~r. Sullivan, ssc0nded by Mr. Currin~ the Board approved Ca~e 88SN0047, subject to the following condition: Planned Devslopment for Salisbury Village" and with the application on March 14, 198~, shall be In. Clover ~ill Magisterial District, LEITH, INC. requested amendment to Conditional U~e Planned Development (Case relative to landscaping and setback reqairemsnt~. This request lles in General Bn~ines~ (B-3) and Light Industrial Districts on a 3.0 acre parcel fronting approximately 340 feet On th~ ~eut~ line of ~idiothian Turnpike,. al~o fronting approximately 420 feet on Johnston w~llis Drive, and located in the Southwest quadrant of the intersection of the~ road~. Tax Map 17-10 (11 Parcel 21 ($hee~ 8). 8S-491 Mr. Jacobsen stated at its May 2~, 1988 meeting, the Board deferred this ease so the applicant could submit a revised plan and provide more detailed information relative to th~ and setback of proposed display pads. Be stated staff reviewed she revised plan, made comparisons of the number and setback of the proposed display pad~ with other automobile display pads and determined that the current proposal will be closer to edge of pavem=nt than either ~rnitlow Chevrolet or Ealey Pontiac because the Virginia Department e~ Transportation is in the proce~ of widening Route 60 along the applicant's road frontage. ~e ~tatsd the Planning Commi~slcn and staff recozmmend denial of Case 88S011 because removal cf th~ existing ber~ and placement of automobile display pad~ within the twenty-five (25) foot setback would defeat the spirit and intent of the original conditions of zoning and world eat a precedent for similar r~ques~s by o~hpr a~tomobile dealerships and other business establishments in th~ area ~or reducing the ~r. John He~son, representing the applicant, stated the submitted info,erich in~icat~ this propomnl is comparable that which currently exists along Rou~e 60~ a precedent had already been set by o~her dealerships along Rout~ 60 w~th respect to display pads; that ~is d~alership's display would not be aesthetically unattractive; the revised plan ha~ reduced th~ n~b~r el ~isplay pads from fiv~ (5) to three and stated the applicant is agreeable to proffering extensive landscaping i'f permitted to install ~he display pads. ~ta%~d ~at if the Board were to approve this ruqueSt~ he wo~ld ask tha~ s~a~'s reo~ended oondition ~o locate the display pads a minim~ of twenty-thr~e (23) fue~ fr~ the edg~ 0f There was no opposition present. Mr. Applegate ~%ated hs was concerned if the widening at the subject site would be 0ompatible with the w~dening at Whitlow Chevrolet a~d ~atey 9ont~aQ, ~¢. Ther~ was further discussion relative %o the location of the display pads along Route 60; comparison~ of the setback from the edge oi pavement for subject site versus the so,acks fo~ whiel~w and Haley; the ~r. Daniel sta~ed ~he County recelv~d tremendous public criticism ~ela%ivu %o ~ermitting automobile dealerships in a~ea, and the approval of fur=her exceptions will r~=ult other dealerships/buuinuuu establiShmentS in the area with the original conditions of zoning was =n~air %o other dealerships in the area who were in compliance with ~eir condition~ of zoning.' On motion of Mr. kpplega%e, seconded by Mr. Sullivan, the Board denied Case 88S011. Vote: Unanimous 88~020 In ~ermuda ~agisterial District, THIINAS F. B~C~, ~. AND JOSEPHINE F. BECK requested amendment to Conditional Use Planned Developments (Cases 865057, S6S094, and 86S151) reis- system, ~xterior lighting, and right of way dedication. This request li~s in n General Business (B-3) District On a 3.6 sore parcel fronting approximately 278 feet on the wes~ lihe cf Jelierson Davis ~ighway, also fronting approximately 363 feet on the south line of Drswrys aluff Aced, and located in tJae 67--3 (1) Parcel 5f (Sheet 23). deferred consideration of this case to allow the applicant an opportunity to comply with eer%eln requirements. He stated staff had inspected the ~ubject property and found that the require~ ience and landscaping along the southern property line had not been completed and along Jefferson Davi~ Eiqh~ay, low the approved landscaping plan~ the five (5) wilto~ eak~ and the shore juniper have not been installed. ~e presented a brief currently, the County is involved in litigation against Mr. with respect to the erection of a sign and location' of outdoor appllsatlon. He statsd the Planning Commission and staff recommended denial of Case 885020. ~r. Thomas Beck indicated recent rainy weather had delayed his compliance With the insta.llatien of the fence and some of the plantings; however, he indicated thirty (30) shr~ and SOme Of pads will be installed once the fence i~ eomplete~, VA ~uw~r paging ~y~tam i~ neoeE~ary to expedite communications among hi~ staff; state~ he ~!t his sign is further from the required right-of-way than other signs along Jefferson Davis Highway; requested a reduction in the northern/wes=em boundary buffers a solid board fence around the remainder of the buffer beyond being extended into the woods. ~r. 3chh Mo~l~y ~tated he f~lt th~ request ~heuld be denied as the applicant had not complied with actions set forth b~ the ~e~r~ ~t it~ April 27, 1955 meeting. He stated he would like time-consuming to him and his parents to continue coming to the meetings re~arding this case. complete screening of the Mosuley property, zoning of the property to the rear of %he subject site, the applicant's failure to comply with the original condition~ Of zoning, on-going litigation involving the County and the applicant, Mr. Currin stated he had visited the subject site on several situation should be permitted to contimue. OD motion of Mr. Currim, seconded by Mr. Sullivan, the Board ~$S029 In Clu~er Nill Maeiste=ial District, }~&~UZ~/MxT-r.~R 'DEF~LOP- ~?~ INC. requested ~e~enin~ from Agricultural (A) to Resi- dential {R-12) with Conditional Use Planned Development to permit use and bulk exceptions. A mixed use development to include residential, resreational, eden space, and commercial use~ is planned. Thi~ request lies on a 215 acre parcel fro~ting approzimately 4,050 feet on the west line of South Providence Road, also fronting approximatel~ ~,600 fast on Reams Road, and located in the northw~mt q~adranf of the $8-493 intersection of the~ roads, also lyin~ off the eastern termini of Redb:id~e Road, Pepperidge Drive, Laureate Lane~ and Arehg~ov~ Court. Tax Zap 28-6 (1) Parcel 1; Tax Map 28-10 {1) ~arcel 2; and Tax Map 28-13 (1) Parcels 6 and 22 {Sheets 8 and t4), Mr. Jacobsen stated the Planning commission recommended approval oZ Case 8SS029, mubjsst to certain conditions and acceptanse Of proffere~ conditions. He stated that applicant Commission's recommendation and, with the reduced density, Mr. McCracken stated staff could ~ot support approval of the applicant's requested revised condition and asked %he Board ~etain th~ recommended condition. Mr. Edward Wflley, Jr. presented a brief .outline of the proposed requ:st~ explaining ~msues relative to dsns~ty, Mr. S~eve Greyburg, Nr.~ C. L. Bookman, Ms. Sharon Talarico, Mr. ~allard ParRot and Mr. Mike Luszkovish voiced support for the proposed request, as amended, as they felt it would be an to the commnnity. There was discussion ~relative to ·straightening of the s-curve ~long Providence RO~d, potential sight-distance problems, square ~octa~e of ho~e~, etc. Mr. McCracken abated that the turn lanes on ~rovide~¢s at the entrances to the development would be required at subdivision review and that straighteninq to providing the turn lanes. He stated the curve may have to be straight,ned in order for the developer to obtain adequate sight distance and the developer may be ~equired tO do both Mr. ~aatwole stated he did not intend to build homes with lees than 2t20Q square feet~ however~ in the future, it may be nooossary for him to build homes with only 2,000 square feet floor space and the proffered condition, if accepted, would permit that flexibility. A~ter further disnuszion, it was on motion of Mr. Applegate, ~econded by Mr% MayeE, re~olved to approve Ca~$ ~S~29, subject to the following conditions: 1. The ~ollowing conditions notwithstanding; the Textual Staeement, revised on June 22, 1988, and the map submitted ~y Heatwole/Millor, titled the zoning exhibit for ~eatwole/Miller Development, Ins., revised February 25, 1988, shall be the Master Plan. (P} 2. General Condition 9.13, ~eq~irieg e fifty (58) foot buffer ~trip shall supersede she ~hirty-five (3~] foot buffer required in General Condition 9.10 of the T=xtuul Stat¢- men~. (~) A bond shall be posted to cover the implementation o~ any buffer strip landscape plan required by General Condition 9.~. ~uzh bond shall be Doste~ prior to ~ssuance c~ any certificate of occupancy, but may b~ incorporated into a bond for other ~mDrovements, the bonding o~ which is ~eq~ired by· the County. Road, the buffer strip required by General condition 9.13 of the Textual Statement shall extend along the entire perimeter of the site, S~c~ extended bu~er shall be s~bject to the same requirements as set out in General Condition 9.I3 and in Condition 3 above. 6. The oD-site water distribution system shall be sized and designed %0 interconnect with the existing public water system as deemed necessary by the U~ilfties Depar~ont. 7. Unless otherwise prohibited by a State or Feds~al agency, lake(s) fed by Pocoshoek Creek shall be built on the project so that discharge does net Exceed current levels. 8. The hydraulic performance criteria for the lake(s) shall be approved by the Engin=ering Department ON Chesterfield County and the VDOT. 9. Unless o~herwise approved by the Environmental Engineer, the completed lake(s) shall be a~-built c~rtiffed and have a letter of map revision from FEMA prior to the State acceptance of any roads. (EE) 10. At SuCh time aS the lake(s) has received all applisable approvals, it~ construction shall become a required of the ~rosion and sediment control prsgra~ iQ: the devel- opment of the site. (SE) 11. To avoid potential alpae and siltation probl~u~, the minimum depth of the lake(s) oh~ll not be less than (3) feet wi~in ten il0] feet of the shoreline. Unla~ the l~ke[s) fo (~re) to be operated by the golf course, maintenance and operations manual Ehall b~ provided to the future OWRPrS prior to, or in conjunction with, rscorda- tion of any areas draining to the lake(~). hydraulic integrity of the dam on Pocomhock Creek shall b~ certified by a professional engineer. 13. No buildin~ ~haI1 be located within the inundation of a d~ failure occurrinq from th~ 10O year s~orm event. Calculations shall be su~itted %o ~e Engineering Depart- affected recorded lot~. 14. Plans for the lake(~) ~hall be submitted concurrently with 15. Parkway onus=ruction plans shall be s~mi=ted ~eparateLy from adieu=ut arua development plans tO the VDOT and ~ngineering D~pa~nt. Approval from both agencies and th~ dedication of %h~ right O~ way shall be a to the release of any building permits or subdivision plat rempon~ibility of private entities. except qualifying single f~ity reuidential und collector 18. ~rier %o the issuance of a building purmit, ~orty-five {45] feet of right of way, muasured from the centerline Providence and Re~s Roadu, shall b~ dedicated to right-tux~ la,es. Z~ approved by the Transportation 88-495 roa~ improvement project in lieu of constructing the i~prOV=ments themselves. If this option is utilized, th~ Transportation Department shall apD~cve the estimated cost of the improvemsnt~. (T&BOS) 20. The ditch line along Reams Road shall be relocated to provide adequate shoulders for the entire Droperty f~ont- age. 21. If requestsd by the County, sufficient right of way to realign the "$" curve along the Providence Road frontaqe ~hall be ~e~icated to the County of Chesterfield, fr~ and unrestricted. (BCe) An~ further, the Board accepted the following proffered conditions: 1. The following minimum% square footage shall govern home sizes. Attached cOVered porch~s, covered steeps, breezeways or garages shall not be inclu~e~ in computing One story (Ranch style) ~,800 finished sq. ft. TWO ~tory 2,0~0 f~nishe~ sq. ft. 2. D~veloper w~ll notify adjaceht landowners and representa- tives of civic association~ of adjoining ~ubdivi~ion~ of all schematic plan hearings with the Chesterfield Planning Co~u~isslon. 3. There: will be ne more than 215 homes ~uilt on the property. All eighteen ]18} holes of the golf sourse will be substantially completed before the issuance of cerbifi- with irrigated fairway~ an~ will be substantially similar 5. Developer will m~imize t~e preservation of the existing 6. In order to acco~odate the solar facilities in the joining Solar I Subdivision, d~veloper agrees that no buildings, stinters, improv~ent, fixture, l~d~capinq or vegetation planted o~ cultivated by th~ developer, will, in any manner, cause ~hade on ~nch ~olar faciliti~ tween the hours of 9=00 a.m. and 3:00 p.m., Eastern Stan- dard T~e on any day of ~e year, provided thac this proffer shall not a~ply to utility wire~, barr~ tree limbs, or ~imilar objeet~ which eau~ no Junior and s~nior golf progx~s will be encouraged on Vote: Unanimous It was g~nerally agreed minutes. the Board would recess for five 8~SO~O In ~at0aca ~agieterial District, G~ ASSOCIATES request- e~ re~0ning from kgrieul%cra! (A) tc Residential (a-12). A ~ingle family residential subdivision is planned. This request eastern terminus cf Overrid~e Drive, al~o lying at the eastern terminus of E0rseshoe ~end Drive. ~ax aaD 148-7 (1) Parcel 3 and Tax Map 148-8 (I) Part of ~arcel 2 (Sheet 41). Mr. JacObsen stated the Planning Commission r~comm~n~d approval of Case conditions. Mr. ~ank ~ey~r~ present. On motion of l. Vote: and acceptanoe of the proffered acceptable. Th~r~ ~a~ no opposition Mayer, ~econded by Mr. Cu:rin, ~he ~oard and accepted the following proffered Ail houses shall be single dwellings. Alt one-story dwelling~ ~hall be a minimum of 1,500 square feet of ~emple~ety finished, li~able space, not to include garages, carports, decks, porches or similar appurte- All 1-1/2 or 2-story dwellings shell be a minimum of 1,800 equate feet of completely finished, livable space, net to include garage~, earport~, decks, porches or ~imilar All other restrictions shall equal or exceed %hose record- ed restrictions for Greenbrier, Section 5+ · n Dale ~sgis~eri~l Dis~ric~, ~I.I.E T, LI~ rezoning from Agricultural (A) to Community Busine~ (B-2) elliot/retail complex is planned. This request lies on a 2.3 acre parcel fronting ~pproximately 3~0 feet on the e~st line of Iron Bridge Rend, opDesite Canasta Drive. Tax ~ap 66-5 (1) Parc~I~ 5 and 6 (Sheet approval of Case 88S02~, s~bject to a single condition and proffered condition A+~ relative to drive-in/drive-through estabiish~%ente, end condition C., relative to automobile de~rral of the case so that the appli=ant could p~rsue r~qu~st to alI~ bett~I coordination of access, internal condition to increase the buffer along ~he northern property thirty {30] feet. He stated the applicant feels race--ended buffer requirement will prohibit {h~ b~$~ and deveto~ent of the subject site and further suggested that buffers should not be required Einc~ the 0vexI~y Dis~rlct standards are adequate eo insure compatibility. There was no opposition present. 88-497 Critical areas within the County. He stated the ~lannin~ Co~t~ission reco~/~snded a figty {50} foes buffer along the northeastern boundary to scree~ t_ha existing single famil~ {~0) foot buffer along the southeastern boundary to screen the rear of the commercial d~elopment from planned r~si~antlal development; the fifty (50) foot buffer requirement is to provide a forty (4O) foot buffer along the northern property line adjacent to the residential dwelling wi~h a thirty (30} reasonable compr~ise at thi~ time and stated he would suDDort it. apprcve~ C~e 8~S024, subject to the following uundition: A thirty (D0) foot buffer shall bs maintained along the 66-5 and a forty (40) foot buffer shall be maintained Tax ~ap 66-5. Other than ueilitie$ ~hlch run generally and/or orn~ental fences, there shall be ex~sting vegetation, ~hall ~e installed in th~ buffer au to screen the use from adjacent properti~. A Planning Department for approval in conjunction with final site plan review. ~rior to rough clear,hq and grading, ~ha11 be contacte~ to inspect the buf~er~. Within (30) days of rouqh clearing an~ gra4ing, Depar~ent for approval. A~ such time that a~jacent developed for a ~imil~r u~e, %he effected buffer requi~e- fur~er~ the Board accepted the following undue litter, and prect=de drive-in/drive-thru es~ablish- A. Q=neral: All drive-in/drive-through establish~ s~ction 21-t53 B-1 - Laundromata and coin-operated dry cleanin~. - Shoe Repair - T~ide~y - Automobile SerVic~ Station section 21-64) - Carpenter and cabine~ - Milk Distributing stations. ~ Pawn and Secondhand StoreS. Repair Services, except of motor vehicles. - Theaters, except drive-in theaters. -Tocl and Equipment Rental - Other Motor Vehicle Transportation. - Occult sciences such as palm r~aders, astrolcger~ f0rt~netellers, tea leaf - Veterinary Clinics. "D~velop~r will u~i~i~e t~mpezary direct access te State design, layou~ and development will use. It now appea~s {his'will result from sxtenslon of Canasta Drive into this area," Vote: Unanlmcus In Matoaca Nagistsrial District, SILVER CONVENt~NC~ C~NTER~ 22-~2 requested ~undment =o conditions of zoning (ca~e 75S072} rsquest lies in a Convenlsnce Busine~ (B-I) Distric~ on a 2.6 acre parcel fronting approx~ately 320 feet on the wmst line of ~outh lin~ of S~erlane Road, and located in the Sea.west quadrant of the intersection of =he~e reads. Tax Map 163-1 (1) Parcel 13 (Shee~ 49). Mr. Jacobsen stated the Planning C~ission r~co~ed Mr. B~rkley Nitch~ll, representing the applicant, ~tated th~ restricted access to Harrowgat~ Read and submitted proffered condition~ and p~hition$ re~emting the additional lan~s of pavement and ~wo (2} accesses to Harrowgate Road for the Mr, Jacobsen ~tated the ~lanning Co~i~sioa reco~snded Mr. Mitchell Shelton voiced supper= for the proposed request and stated area reEident~ are pleaoed with the proposed access eliminate a traffic safety hazard~ There wa~ no opposition Mr. Mayes made a mo=ion ~or approval of Case 88SN~042, subpect There was further discussion r~lativ~ to access, traffic Mr. Currin stated he felt two accesses to Harrowgate Road were necessary; o~arwis~, internal traffic patterns would b~ atrocious. Mr. MuCracken stated ~at an exit only to ~arr0wgate Road was acceptable b~t that an entrance/exit to Harrowgate Road would create con~lict~ with the ~erland circulation would have to be p=ovided or the site plan would 88-499 not be approved. He s~ated the plan which had been submitted with the zoning applio~blon may have to be revised to achieve this circulation. Mr. Nayes restated his motion, seconded by Mr. Daniel for discussion, for approval of Case $$$N04~, subject to the recommended condition. Mr. Currin made a substitute motion, seconded by Mr. Apptegate~ to defer Cas~ $$$N004~ until July 27, 19~$, to permit further ~iscussion rela%ive to the access condition. Vote: Unanimous 1!. N=W ~USIN=S$ ll.E. COMMUNITY DEVeLOPMEnT ITEMS ll,E.3. STREET LIGHT INSTALLATION COST APPROVALS On motion of ~r. Applegate, seconded by Mr. Currin, the Board approved th~ in~tallatien of street lights at ~he following locations, with funds to be expended from the District Street Dight Fund, as indicated: Vote: ~eath~rstene Drive in ~he cul-de-sac, Bermuda Magisterial District ($817.00]; and IntefUection of Vickilee Road and Ronaldton Road, Clover Hill aagisterial District ll.E.4. STREET. LIGHT t~EQUESTH On motion of Mr. Currin, seconded by ~r. Daniel, the Board approved requests for street lights at the intorsestions of Chippenham Parkway and Strathmore Road and Ironbrtdg~ Road and Rubertson Street in the Bermuda Magisterial District. Vote~ Unanimous ll.E.5. C©~SIDER P~QTEST BY VIRGINIA HOUSING D~V~LO~M-~ET AUTHORITY TO APPROVE SPECIAL FINANCING FOR THE ROCKWOOD ~OF~T APAR?~%~T D~V=LOPMSNT Th~r~ was discussion relative to =he adopte~ policy regarding financing of multi-family projects; re~einding the adopted policy; the definition of low or moderate income as compared the median income of County residents; persons to whom this complex would be marketed; thc potential ~or approval cf such requests %0 generate subsidized housing in ~he County; criticism that the County is not addressing lo~-inceme housing, the basis of approval of such requests being focused on needs of the County with reepec~ to land use aspects of the project, location, quality a~d eth~r fa~tors r~la%inq the health, safety and welfare of the community; involvement by County government in such financing COnSiderations, On motion o~ Mr. Appieg~te, ~econ~ed by ~r. Mayer, the Board ~pproved a reque~ by the Virginia ~ou~inq D~vel~pment Authority for special flnancin~ for ~he proposed multi-f~ily residential housing development called Rockwood Pore~t Apar%-ment Development, which approval is in accordance with Virqinia COde SeCtiOn 36-55.39(B) . Ay=s: ~r. Applegute, ~r. Currin and Mr. Mayas. Nays: ~r. Sullivan an~ ~r. Daniel. ll.B.6. ~NT PUELIC HEARING DATES ll.E.6.a. TO CONSIDER APPROP~IATIO~ CF $1,000,0O0 PROM ~MK FOR EXTENSION OP POW~ITE PARKWAY On motion of gr. Sullivan, ~econded by MS. Daniel, the Board SSt the date o~ July 27, ~988, at 9~00 a.m., for a public hearinq to con~id~r an appropriation cf $1,000,000 in funds from HMK Corporation for the extension (alternate design and construction} of Powhite Parkway. lI.E.6.b. TO CONSIDER PROH~EITIOM OF THROUGH TRUCK TRAFFIC ON PAMS AVENUE AND NORCLIFF DRIVE On motion of Mr. Currin, s~conded by gr. Sullivan, the Board set the date of September 14, 1985, at 7:0~ p.m.~ for a public hearing to con~ider the prohibition of through truck ~raffie on Pams Avenue and Norcliff Road. ll.F. UTILITY DEPARTMENT ITEMS i1.P.1. PUELIC HEARINGS ll.F.l.a. TO CONSIDER CONVEYANCE OF RI~T-GF-WAY ON ROUTE 36 IN ETTRICK TO THE VIRGINIA DEPARTMENT OF TRAN$9ORTATION gr. Sale stated this date and time had been ad~ert~e~ ~or ~ public hearing ~c consider ghe conveyance of right-of-way to the Virginia Department of Transportation for the ro~ improvmments along Route ~6 at Ettrick ~l~m~ntary S~heel. ~c on~ ~ame ~orward to speak in favor of or against the proposed conveyance~ On motion cf Mr. Mayes, seconded by Mr. Sullivan, ~he Bo~rd aDD~ev~d and authorized the Chairman of the Board and County Administrator to execute the necessary option and deed to convey the necessary right-of-way for road i~prOvement~ along Route ~6 at Ettriek ~l~mentmry , School to the Virginia Department of Transportation. ll.F.l.b. TO CONSIDER T~E SALE ©P SURPLUS COUNTY PRQP=KT~ ALONG ~AEH ROAD Mr. Sale stated this date and time had been adv~rtise~ for ~ public hearinq to consider ~he sale of surplus County property along Nash Road. No one came forward to speak in favor of or against the matter. There was brief discussion relative to the use of the money received from ~he sal~ o~ said property. Mr, Mmyes $~ggested the $24,000 to be used for the cleanup of the southern entrance to the County. It wa~ generally aqrsed a Board paper should be prepared for guly 27, 1988 to request an appropriatio~ Of %he $24,000 to be used for the cleanup of the southern entranc~ to the County. On motion of Mr. Mayes, seconded by Nr. Dani~l~ the ~card accepted the bid of $24,00~ ~rom Mr. Charle~ Holbrook for the purchase of a ~ufpl~$ parcel owned by the County co,raining 2.522 acre~ which i~ located on the southeast line of Nash Road 88-501 approximately 0.9 miles southwest of its intersection w~th Beach Road, known az Parcel 48 on County Tax Map 113; authorized the County Administrator to sign the necessary contract for the sale of said property; and authorized the Chalrma~ cf the ~eard and County Administrator, on behalf of the Coun~, to sign the deed. vote: Unanimous ll.F.i.e. TO CQ~SID~ AH QRDZNANCE VACATING A PORTION OF AI~ ~IG~T FOOT ~A$EM~NT ACROSS LOT 14, BL0CE A~ DALEBLU~F MANOR! SECTIO~ A Mr. Sale stated this date and time had been advertised far a public hearing to con~id~r a~ ordinance vaeatlmg a portion of an 8' easement acros~ Lot 14, Block A, Dalehluff M~noz, S~ction A. Ne one came forward to speak in favor of Or against the On motion of Mr. Daniel, seconded by Mr. Coffin, the Board adopted the following ordinance: A~ 0EDINANCZ to vacate a portion of an ~' easement across Lot 14, Block A, Dalebluf~ Manor, Section A, Dale Distris't, Chesterfield County, Virginia, as shown on a plat thereof drily recerde~ iD the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 23, Page WHeReAS, John W. ~armon, has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate pertlon of an ~' easement aero~$ 5et 14~ B~eek k~ ~eetlon A, Daleblu~f Manor, Dale District, Chezterfietd County, Virginia more particularly shown on a plat of record in the Clerk'~ Office of the Circuit Court of said County in Plat Book Page 48, made by ~arten Corse & Associates, LTD., dated September 30, 1974. The portion of th~ easement p~titioned to be vacated is more fully described as follows: A portion cf an @~ easement auross Lot I4, Block A, S~ction A, Dalebluff ~aner, ~he location of which i~ more fully shown on a plat me~e hy Virginia Survey~ dated October 27, 1975, a copy of which i~ attached hereto and ~ada a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.1-43I of the Code of Virginia, 1950~ as amended~ by advsrtising~ and W~=~AS, ne public necessity exists for the continuance of the portion of the easement sought be be vacated. NOW T~EREFOREr BE IT ORDAINED BY T~E BOA~ 0F ~UPERVISORS OF CHESTE~iELD COUNTY~ VIRGINIA: That pn~uane to Section 15.1-482(b) of CAe Code Virqlnla, 1950, as ~nded, the aforesaid portion of This Ordinance shall be in full force and ~ffect a$uordance with section 15.1-4~2(b) of the Code of Virginia, 195D, as ~ended, and a certified copy of thi~ Ordinance, together wi~ the plat aftached hereto shall be recorded no sooner than thirty day~ hereafter in th~ Cl~rk'$ Offi~e of circuit Court uf Ch=star,laid, Virginia pure=ant to Sec=ion 15.I-4S5 of the Code of Virginia, 1950, aS ~sn~ed. The effect of this Ordinance pursuant %o Section i~.1-4~3 is to destroy the force and effect of the r~cording of the portion of the plat vacated. This Ordinance shall vest fee simple title of th~portfon of the easement hereby vacated in the property owner of the lot within Section A, Dalebluff Manor free and clear of any rights of public use. Aeso~dingly, this 0rdinancs shall be indexed in the names of the County of Chesterfield, as grantor, and John W. Harmon, or his s~cce~sors in title, as grantee. ll.F.2. CONSIDER PR©C~ING WITH.CGNDFi~I~ATION OF A DRAINAGE EASEMENT FOR ME$~0R ROAD RURAL ADDITION PROJECT Mr. Sale stated consideration of cend~mn~tlen proceedings ~ur a drainage easement for the Nestor Road Rural Addition Project was deferred from June 8, 19~ m~i~g ~o this meeting. He stated staff has made every attempt to contact tho heirs of the Walter Washington 'estate but has been ~nsuccese~l. Mr. ~ayOS state~ hs had aisc been unsucoes~£ul in his efforts to locate said heirs. Mr. Daniel excused himself from the meeting. On motion of Mr. ~ayes, seconded by ~r. Snllivan, the Board authorized the County Attorney to institute condemnation proceedings against t_he heirs of George Washington and Walter Washington for a drainage easement along Beach Road on ~n emergency basis. The estimated value of the easement is $II0. Ayes: Mr. Applsgate, Mr, Sullivan, Mr. Currin and Mr. Mayas. Absent: Mr, Daniel. tl.F.3. CONSENT ITemS ll.F.3.a. ACC~TANC~ CF DEEDS CF DEDICATIOR ALONG GOODE$ BRIDGE ROAD FRO~ W M ASSOCIATES On motion of Mr. Mayas, seconde~ by Mr. Sullivan~ the Board approved and autho=iz~d the County Administrator to execute the necessary douum~nt accepting, on behalf of the Connty, the conveyance of a 5~ strip of land along G00des ~ridge Road from W N A=socia=es, A virginia G~neral Partnership, {A copy of the plat is filed with the papers of this Ayes: Mr. Applegate, Mr. Sullivan, Mr. C~rrin and ~r. Mayas. Absent: Mr. Daniel. 3.~..F..~a.3. ALONG W00DSONG DRIVE FRO~ GENITO FOREST ASSOCIATES On motion of Nr~ ~ayes, seconded by ~r. Sullivan~ the Board approved and authorized the County Administrator to execute the copy of the plat i~ filed with the papers cf thi~ Board.} Ayes~ Mr, ADplegate, Mr. Sullivan, ~r. Currin and Mr. ~ayes. Absent: Mr. Daniel. lI.F..3.a.4. ALONG PROPOSED ERANDER~4ILL PAR/KWAY PROM DgV=LO~E~T COMPANy LIMITED PARTNERSHIP Cn me,ion cf ~r. Mayas, Seconded by Mr. Sullivan, the Board approved.and anthorized the County. Administrator to execute the necessary document acoeptinq, on behalf 0~ ~he County, the conveyan¢~ of a 45' strip o~ land along proposed Brandermill Parkway from ~raudermill Developmunt Company Limited Partser- ship. .(A copy of the plat is filed with the papers of this Board.) Ayes: Mr. Applega~e, Mr. sullivan, Mr. Currin an~ Mr. Mayes. Absent: Mr. Daniel. ll.F.3.a.5. $~LONG JEffeRSON DAVIS HIGHWAY AMD ~PFY BILL ~OAD FROM TUR~W~L ASSOCIATES On motion of Mr. Mayest seconded by M~. Sullivant the Board approved and authorized~the County Admlnietratcr to execute the necessary document acceptlngt on behalf of the County, the conveyance of a 25' ~=rip of land along Jafffarson Davis Bighway and e 30' strip of land along Happy Hill Road from Turnwali ASsociates. {A copy Of the plat is filed with the paper~ of thi~ ~oard.) Ayes= Mx. Applegate, Mr. Sullivan, Mr. Currin and Mr. Absent: Mr. Daniel. ll.F.3.b. CONVEYAWCE OF ~ASEF~NT TO C&R TELEPHONE COMPANY FOR DALE FIP~E STATION On motion of M~. Mayes, seconded by Mr. sullivan, the Board approve~ and auuhorized the chairman of the soard and the COunty Administrator to execut= an easument agresmunt with C&P Telephone Company to install burie~ cable on County property to serv~ th~ new Dale Fire ~%ation. (A copy of the plat is filed with the papers of thio Board.) Aye~ Mr. Appl~gate, Mr. $~llivan, Mr, Currin an~ Mr, Mayer. Absent: Mr. Daniel. ll.F.3.C. APPROVAL OF WATER COMTP~CT FOR OAK LAKE BUSINESS C~NTRE On mo%ion of Mr. Mayes, seconded by Mr. Sullivan, the Board approved the following wate~ ~entraet~ W88-113CD, Oak Lake Business Centre - Oversizing and Off-Site Wate~ Line Extension. Developer: William B. and Gens B. Duval Contractor~ H, Hamnez Gay and CO., Inc. Total Con~raet Cost: Total Estimated County Cu~t: (Kefun~ through connection feos) Estimated Developer Cost: Code: $139,597.00 $56,337.00 Future 5B-2511-997 Ayes: Mr. Applegate, Mr. Sullivan, Mr. Currin ~nd Abeent: Mr. Daniel. I1.F.3.a.2. ALUMS ~MISTIMG OLD FUNDR~D ROAD AND PR0P0S~D BRANDERMILL PARKWAY FROM BANDERMILL WOODS LTD. Mr. Applegate disclosed to the Board that he iS an offi~e~ of ~randermill Woods Ltd., declared a conflict of interest pursuant to the Virginia Comprehensive COnflict of Intesest Act, and excused himself from the meeting. On motion of Mr. Coffin, seconded by Mr. Mayer, the Board approved and authorized the County Administrator tn ~xusute th= n~¢essary document accepting, on, be~al~ o~ the County, %h~ oonVeyanc= of u ll0' strip of land along ~x~$ti~9 Old ~ndred Roa~ and a 45' strap of land along proposed BrandermilI Parkway from Branderiill Woods, Ltd. (A copy ef the plat is tiled with the papers of this BOard.) Ayes: Mr. Sullivan, Mr. Currin and Mr. Mayer+ Absentz Mr, Applegata and Mr. Daniel, Mr. Applesate and Mr. Daniel returned to the meeting. ll.F.4. REPORTS Mr. Sale presented the Board with a report on the d~velop~r water and ~ewer contracts ex~cute~ by the County Ad/~inistratcr, ll,G. REPORTS Mr. Ramsay presented the Board with a status r~port On tho General Fund Contingency Account, General Eu~d ~alance, Road Reserve Funds~ District Road and Street Light Fund~, Lease Purcha$$s, School Literary Leans, Reallocation of School Capital Project Bond Funds, and the Board of Supervisors Scheduled Meetings. Mr. Ramsay stated the Virginia DeDar~ent of Transportation has formally notified the County of the acceptance of the following reads into the State Secondary System: ADDITIONS LENGTH ~RIGHTON GREEN W~ST Route 2S71 (Benbow R~ad) - ~rom Rou~e 0.0~ mile west of ROUts 2598 to a north cul-de-sac 0.20 Mi. RO~t~ 3S36 (Benbow Court} - From Route 2071 to a west cul-de-sac 0.03 Mi. a northwest cul-de-sac 0.~4 Mi. Ro~te 3838 (Copperglow Road) - Prom Route 383? to 0.04 mile south of ROute $837 0.04 Mi. .~DIAN SPRINGS - SECTION C Route ~441 (Cochi~e Trail) - From Route 2440 to Ro~te 611 Route 2447 (Indian Springs Road) - From 0,0~ mile south of Route 2440 to a south cul-de-sac Route 3145 (Old Mesa Drive) - From Route 24A7 to 0.1I mile ~ast of Route 2447 Route 3t46 (Shanto Court) - From Route 2447 to a southeast cul-de-sac 0.20 Mi. 0.19 Mi. 0.~1 Mi. 0.I5 Mi. BAILEY RIDGE ESTATMS - S~CTION A Route 2036 ($un~iel4 Drive) - From 0.03 mile wemt of Route 759 to a northwest cul-de-ma¢ Route 4100 (walnut Hollow Court) - From Routs 2Q36 to a~ east c~l-de-sac Route 4101 (Parrish Branch Road) - From Routm 2036-North %o Route 2~36-$cuth tO an easg cul-de-sac 0.31 Mi. 0.03 Mi. 0.18 Mi. ADDITIONS LENGT~ RAILEY RIDGE ESTATES - SECTION A (continued) Ro~te 4103 (Ansbauch D~ive] - From Route 4101 to mile north of Route 4101 0.03 Mi. 360 COMMERCIAL PARKWAY Route 332~ (Ratty Lanm) - From Ro~te 2742 to 0.20 ~1i. Route 727 (Murray Olds Drive) - From Route 60 to 0.12 mile ~outh of ROute 60 0.12 ~i. ll.L. EXECUTIVE SESSION On motion of Mr. Daniel, ~econd~d by Mr, Mayas, %h~ Board went into Execntive Se~zion for cnn~ultaticn with l~al counsel r~arding potential litigation relating to ~oute 255 pursuant to Section 2.1-344 (a}(6~ of the Cod~ of Virginia, 1950, as amended. 12. On motion of Mr. Sullivan, s~conded bF Mz. Currin, adjourned until 9:00 a.m. on July 27, Vote: Unanimous the Board