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01-23-85 MinutesBOARD OF SUPERVISORS MINUTES January 23, 1985 Supervisors in Attendance: Mr. G. H. Applegate, Chairman Mr. Jesse J. Mayes, Vice Ckairman Mr. Earry G. Daniel Mr. R. Garland Dodd Mrs. Joan Girone Mr. Richard L. Hedriek County Administrator Staff in Attendance: Mr. Stanley R. Balderson, Dir. o£ Planning Mr. Tom Callahan, Airport Manager Mr. Robert Galusha, Personnel Dir. ~r. Elmer Hedge, Asst. County Administrator Mr. William Howell,~ Dir. o~ Gen. Services Mr. Richard McElfish, Dir. of Env. Eng. Mr. R. J. McCracken, Transp. Director Mr. Steve Micas, Co. Attorney Mrs. Pauline Mitchell, Dir. of News/Info. Services Mr. Jeffrey Muzzy, Asst. Co. Admin. for Community Develop. ~r. Lane Ramsey, Dir. of Budget & Acctg. Mr. M. D. Stith, Jr., Exeo. Asst., Co. Adm. Mr. Devid Welchon~, Dir. of Utilities Mr. B. R. Wilkinson, License Inspector Kr. Applegate called the meeting to order at the Courthouse at 9:05 a.m. (EST). INVOCATION ~r. Applegate introduced the Reverend Gerald R. Chancellor, Pastor of Second Branch Baptist Church, who gave the i~vocation. ~.' APPROVAL OF MINUTES ion motion of Mr. Mayes, seconded by Mrs. Girone, the Board approved the minutes of January 9, 1985, as submitted. Vote: Unanimous COUNTY ADMINISTRATOR'S COMMENTS Mr. Hedrick introduced Mr. Victor Dupont from Izaak Walton Park who presented to the Board of SupErvisors a framed painting and a print numbered 826 by nationally known wildlife artist, Maynard Reece, entitled "Canadas Over The Chesapeake." Mr. Dupont stated that the Izaak Walton League of America in its efforts to improve wetlands and wildlife areas has undertaken to participate to enhance the quality of the Chesapeake Bay. He stated this painting is presented to the Board in appreciation for the County's efforts over the past several year~ in helping with conservation and preservation of the Chesapeake Bay. 85-030 Mr. Applegate accepted the painting on behalf of the Board and expressed thanks to the League. Mr. Daniel noted that for several years he has requested an organized place at the Courthouse where award~ and presentations to the Board such as this can be displayed for the pubtio. Mrs. Girone thanked Mr. Dupont and the Izaak Walton League of America for being exceptional to work with and for their long tenure in the County. 4. BOARD COMMITTEE P~EPORT$ Mrs. Girone reported On her meeting with the Richmond Regional Planninq District Commission. She stated they had been looking at the small business loan programs, S.B.A. 503, and after trying for some time to find a location for it, they are hoping for a sponsorship hy the Chamber of Commerce. She crated the meeting on January 17, 1985 at the John Marshall Hotel was attended by all Virginia's Planning District Co~uuiseions to review the report of the Governor's Commission on Virginia's future, to hear Governor ~olton and several members of the General Assembly speak along with other speakers. She stated it was very interesting to look at the Governor's report on the choices for Virginians Over the next twenty years and to evaluate the report from several perspectives, she pointed out that the report included a suggestion that more money was needed for roads in the State of Virginia. She left the Board with the thought that they might like to appoint a citizens commission to talk about the future of Chesterfield. Mrs. Girone reported there was no MPC meeting. She stated the Administrative Committee of MPC will meet before the February, 1985 meeting to discuss better attendance by elected people. Mrs. Girone reported the VACO Executive Board met January 17, 1985 at the John Marshall and recommended that the 1985 meeting he held at the Homestead with bids being taken for the 1986 meeting since there are a number of new convention centers in the State. Mrs. Girone reported the Maymont Board will be going into a fund raising effort and she would like to work in Chesterfield to make the businesses and general community aware of the value of Maymont Park. She stated even though surrounding jurisdictions and private businesses support Maymont, it is very expensive to operate and more money is needed. Mr. Daniel made reference to the blue ribbon planning commission which would address the future Of the County and stated he supported Mrs. Girene in this effort and a~ked the Board to seriously consider this. Mr. Daniel ~tated the Board had appointed him to the Magnolia :Grange Task Force at the January 9, 1985 ~card meeting, and he had met with the Historical Society regarding Magnolia Grange. He stated they had drafted a report and hoped tO have it on the Board agenda at the February 13, 1985 meeting. ~Lr. Dodd reported the Capital Region Airport Co~mmission is getting ready for bids and he will probably have a report on the expansion at Byrd Airport at the February 13, 1985 meeting. Mr. Applegate reported on the C~pital Area Training Consortium which deals with seven surrounding counties and the City of Richmond. He stated due to cutbacks in federal spending it appears that ChesterfieLd's potential contribution to this program will vary from $34,008 to $55,000 in the ensuing year. He ~tated that M~. Masden will have a Board paper regarding this issue to present at the February 13, 1985 Board meeting. 85-031 Mr. Mayes reported On a meeting he had this morning, January 23, 1985~ with Data Processing and Mr. Muzzy. He reported that progress is on schedule for the Data Processing building. Mr. Daniel stated that as a member o£ this committee he had met with the committee on January 22, 1985 and concurred with Mr. Mayes' statement. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS OR CHANGES IN THE ORDER OF PRESENTATION {r. Daniel stated that in regard to 10.C.1., Requests for Bingo ~nd/or Raffle Permits, he would like tO add an application :equesting a raffle permit from Virginia citizens Bank Iommunicators, Inc. {rs. Girone stated that Delegate John Watkins had requested that :he Board consider a resolution granting tax exemption for WCV~- ~V from local real estate taxes. She stated that Delegate ~atkins had introduced the bill to the General Assembly on ~anuary 22, 1985, and that the governing body's resolution of ~upport is a legal requirement. ar. Micas stated that technically the Soard would not be granting :ax exemption but would be asking our General Assembly delegation :o sponsor legislation that would change the state law to provide :ax exemption for WCVB-TV. ar. Micas stated that since Mrs. Birone requested that this item >e next on the agenda, this item would be 6.A. under item 6., {esolutions of Special Recognition, and the other three :esolutions would become 6.B., 6.C. and 6.D. {r. Hedrick stated that 10.E.4.b., Contract for Installation of later Lines for Ashley Grove, Section D, was to be deleted. )n motion of Mr. Daniel, seconded by Mr. Mayes, the Board added ~nder 10.C., Consent Items, a request for a raffle permit from ~irginia Citizens Bank Communicators, Inc. because of the ~mergency nature of the item; added under 6., Resolutions of ;peoial Recognition, a resolution requesting the General Assembly ~o seek legislation which would provide tax exemption for WCVE-TV ~s 6.A. because of the emergency nature of the issue, making the ~ther three resolutions as 6.B., 6.C. and 6.D.; deleted .0.E.4.b., Contract for Installation of Water Lines for Ashley ~rove, Section D, and adopted the agenda as amended. ~ote: Unanimous RESOLUTIONS OF SPECIAL RECOGNITION 8.A. I~ESOLUTION ON TAXARILITY OF WCVE-TV ~r. Micas gave an overview to the Board of the WCVE-TV report regarding an exemption from any local taxes, past or future. ~r. Daniel suggested that the words "a non-profit corporation" be inserted in the resolution following. Central Virginia Educational ~elevision Corporation. ~pon motion of Mrs. Girone, seconded by Mr. Mayes, be it resolved that upon examination and consideration of the provisions of ~58.1-36~0 and §30-19.04B of the Code of Virginia, 1950, as ~mended, the Board of Supervisors finds that Central Virginia ~ducational Television Corporation, a non-profit corporation, is )perated exclusively for cultural purposes and requests the ~eneral Assembly representatives for Chesterfield County to seek legislation granting exemption from local real estate taxes for 85-032 all real estate owned by the Central Virginia Educational Television Corporation. Vote: Unanimous 6.B. DONALD E. ADDISON, UTILITIES D~PARTMENT Mr. Galusha introduced Hr. Welchons. Mr. Welchons presented Mr. Don Addison and gave his educational background and outlined his dedicated and loyal service to the Utilities Department. On motion of the Board, the following resolution was adopted: ~R~AS, Mr. Donald E. Addison, Sr. will retire from the Department of Utilities, Chesterfield County, On February 1, 1985; and WI~EP~EAS, Mr. Addison, as Superintendent of Water Plant Opera- tions, has been a faithful and dedicated employee of Chesterfield County since January, 1965; and W~EI~EAS, Through Mr. Addison's efforts, the reliability of Chesterfield County's treatment facilities and the quality of the staff are recognized as superior by the State requlatory agencies; and WHEREAS, Mr. Addison's twenty years of selfle~ dedication to the citizens of Chesterfield County will be missed by Chesterfield County and the Board of Supervisors. NOW, THEREFOP~, BE IT ~%~SOLVED that this Board of Supervisors publicly recognizes Mr. Addison's faithful and dedicated service and extends on behalf of its members and the citizens cf Chesterfield County their appreciation for his service to the County and wishes him a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this Resolution be 9re~ented to Mr. Addison and that this Resolution be permanently recorded among the papers of this Board of Supervisors 9f Chesterfield County, Virginia. Vote: Unanimous Mr. ~edrick pressn=ed Hr. Addison with the executed resolution. 6.C. MARVIN D. PHILLIPS~..LICHNSE INSPECTION DEPARTMENT Mr. Calusha introduced Mr. B. R. Wilkinson, License Inspector. ~r. Wilkinson introduced Mr. Phillips, gave a brief outline of his profession=l experience and expressed his thanks for the ~umpassion and dedication with which he had served. Dn motion of tho ~oard, the following resolution was adopted: ~HEREAS, Mr. Marvin D. Phillips will retire from the License Inspections Department, Chesterfield County, o~ January 31, 1985; and WHEREAS, Mr. Phillips has provided almost ten years of quality service to the citizens of Chesterfield County; and W~EREAS, Chesterfield County an~ the Board of Supa~vi~ors will miss Mr. Phillips' diligent service. NOW, THEt~EFOILE, BE IT RESOLVED that this Board of Supervisors publicly recognize~ Mr. ~hillips and extends on behalf of its me,bors and the citizens of Chesterfield County their appreciation for his service to the County. 85-033 AND, BE ~T FURTHER RESOLVED that a copy of this Resolution be presented to Mr. Phillips and that this Resolution be p~rmanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. Hedrick presented Mr. Phillips with the executed resolution. 6.D. CHESTERFIELD COUNTY EMPLOYEE OF TH~ Y~AR, 1984 Mr. Galusha stated that when Mr. Melvin Eurnett retired as County Administrator he established a fund for the purpose of recognizing outstanding performance of service by County ~mployee~. Se explained the established criteria and the method Df selection of the Employee-of-the-Year. Be introduced MS. Janet R. Baumgardner, Library Services; Ms. Marian T. Blunt, ~reasurer's Office; Sergeant James P. Scurque, Police Depar~ent; Ms. Frances Q. Cole, Real Estate Assessments; Ms. Pose G. Qundalow, Lucy Corr Nursing Home; Mr. Michael S. Qolden, Parks and Recreation; Ms. Sally K. Hire, Planning Department; Ms. Elizabeth W. Kilbourne, M~/MR Services; Mr. Phillip D. Mitchell, Purchasing Department; Ms. Lana A. Roach, Budget and Management; Zr. Leon C. Ruskell, Utilities; and Ms. Eloise B. Thweatt, ~eneral Services, who were nominated for the employes-cf-the-Year. Mr. Hedrlck congratulated all those ~ominated and expressed to them that they were the "cream of the =rop" of .Chesterfield County during 1984. ~e presented Ms. Sally K. Hits with a framed resolution, a silver engraved Revere bowl, ~ $50 savings bond and the reserved parking space at the entrance Df the Administration Building. Dn the motion of the Board, the following resolution was adopted: ~HEREAS, MS. Sally K. Hits, Department of Planning, has ~istingui~hed herself by consistently demonstrating an ~xceptional degree of loyal and dedicated service to Chesterfield ~ounty; and ~HEREAS, This loyalty and dedication by service has been such as ~o warrant special recognition by her fellow employees; and ~HEREAS, ~er singular contribution of talents and expertls~ to [mprove the effectiveness and efficiency of her department has )sen of such significance as to have brought distinct credit not 5nly upon herself but her department and the County Government as ~ell; and ~HEREAS, By her sel~etlon as the recipient of the Chesterfield ~ounty Employee-Of-The-Year Award, she has been recognized by her ~eers to be the employees' employee. IOW, TEEREFORE, BE IT RESOLVED that the Board of Supervisors hereby recognizes this loyal and dedicated service hy fellow employee Ms. Sally K. Hits, by naming her the Chesterfield County Employee-Of-The-Year for 1984. ~ote: Unanimous 7. HEARINGS 0~ CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS MR. JOHN SMITE REGARDING HIGHWAY AND TP~AFFIC FLOW STUDIES Mr. Smith stated he proposed to begin where he had stopped with his presentation at the Board meeting of January 9, 1985. He displayed a schematic showing the area involved in the Powhite Interchange public hearing that went before the Virginia Department of Highways and Transportation. He stated that the proposal contained a complete cloverleaf. He stated prior to that, the VDH&T had concedad that the Route 288 corridor would 8S-034 not be built fnrther north On the existing right-of-way and isubsequent to this time, %he Board had authorized construction within Route 288 north. ~e stated the public hearinq plan was ilimited in what it would do for the travelling public since it idid not furnish movement of traffic from west to south nor did it provide for the movement of traffic from south to west. stated, additionally, the line of survey physically is the poorest possible place to construct a road in the entire area and since we are concerned with traffic travelling east, south and west, they had developed a pistol flyover which provides for a full movement of the traffic which takes about half as many bridges (overpasses) as the public hearing proposal would take for a full cloverleaf in that it shortens most areas of travel. He stated that in 1980, at tko time some of Mr. Matyiko's property in this area was zoned by the Board, they had full access f~om St. Ledger's Squar~ property to Coalfield Road and that they donated a 10 ft wide strip on either side of the road at the points where the property was zoned. He stated that the land that was given to the UDR&~ was used to construct extra lanes. He stated their deeign would meet all technical requirements and he hoped it would meet all political requirements, and it would use 45% less land with the flyover. He stated that when travelling west of Coalfield Road, this pistol flyover crossed Coalfield Road at about 400 to 450 feet north and converged at Old Hundred Road at the original survey line. Ee said this area was selected in 1974 since it was the highest point and easy to provide for drainage. Be stated his proposed plan would use 40 ac~es as opposed to 120 acres. He stated that this zoning would be very expensive to the County if they decided to go with the original construction plan. stated that in the resolution to the VDH&~, the County stated that they reserve for themselves a possible change in design in the area he is discussing. Mr. Dodd asked Mr. Smith if the flyover scheme against the normal ~loverleaf scheme dealt with Coalfield Road. He stated he felt Mr. Smith should pressnt his plan with the pistol flyover to the VDH&T and that Mr. Smith needs to address the problem of Coalfield Road of how to come off the flyover, etc. Mr. Smith stated that the resolution that went to the VDH&T from the County provided for a change of design at Coalfield Road. Be stated prior to the resolution being passed by the VDH&T lauthorizing the location for Route 76, he and Mr. Matyiko were itold by the Chief of Location and Design of the VDH&T that the change they were reguesting was a change of desiqn not a change of location. He stated they have discussed this from time time and have been told that the VDH&T was relying On the advic~ they receive through the Chesterfield County Administration. Be stated that are applying to the VDH&T to have their plan reviewed. ~e referred to the Kellerco Plan which they would like to review and might like tc incorporate some of it into their plan. He stated the treatment of Coalfield Road would be subject to decision by the Board and the VDH&T. ~e stated his plan would work with Coalfield Road closed or opened; however, he felt to close Coalfield Road and push the entranee as far west as has been discussed would be reduein~ the number of toll people who use Coalfield Rd. ~r. Applegate asked Mr. Micas if the County a~d/or VDH&T had set up a mechanism for interested parties to make changes in the proposed plan. Mr. Micas stated the Board had ~pproved a concept whereby any property owners affected by Powhite can enter into an agreement between ths County in which they can design various forms of access to serve their property of which Mr. Smith has a copy. He stated other developers have used this mechanism to design various access plans to their parcels that are in the Powhite corridor and Mr. Smith can also do the same. 85-035 Mr. Muzzy stated the final meeting with the consultants had been held last week and he would be in touch with Mr. Smith and Mr. Matiyko next week. Mr. Daniel wanted to know the next step to be taken after discussing the proposal with the property owners in the P0white corridor. Mr. Mussy said the next step would be workinq with the VDH&T and having them review the plans that the consultants had developed, and that concurrently with this Mr. Smith would be going through a similar process to have his plans considered. Be stated the Powhite Expansion was continuing on schedule. 8. DEFERRED ITEMS 8.A. STORER CABL~VISION'S REQUEST FOR EAT~ INCREASE Mr. Eodge stated this item had been deferred from the January 9, 1985 Board meeting to give Storer Cable sufficient time to get additional information to the County regarding return on investment, their plans for increases in fees fo~ pay services and balance sheet for Chesterfield Storer Cable. Be stated County staff has reviewed this material and has given rec0m~endations to the Board. Be stated staff would like to be given additional time to get audited information from Storer for them to review as well as allow time for Storer to improve their services. Be pointed Out to the Board that if the Board does not approve the 10% increase that Storer is allowed to go with a 5% increase by Federal legislation recently enacted. He stated that staff does not recommend that Storer ge beyond the initial 5% increase if the Board allows staff additional time to review audited material, and stated staff would ask Storer not to increase their fees until after the a~dited material had been reviewed. Mr. Applegate stated that a public hearing had already been held and the matter was now before the Board. Mr. MacNeilly stated that Channel 27 would be restored to cablevi~ion as soon as channel capacity is available. Hr. Kedge stated he would like the ~oard to defer action on this Ratter for 90 days which would give Storer time to resolve some ~xisting situations such as channel 27 and telephone calls, and would give staff time to review audited information which may require enlisting Outside help. Ne stated he would like for Starer to delay any increase until after these matters are resolved. Mr. MacNeilly stated %hey were agreeable to the 90 day deferral but they would have to study the issue as to whether or ~ot to increase the rates 5% before that time. Mr. Daniel suggested that they wait the 90 days. ~r. Daniel stated he had r~ceived about a 100 telephone calls ~egarding cablevision. Be questioned Mr. MacNeilly regarding the !telephone rollover mechanism, the cable system keeping up with ~technology, the mechanism for handling VC~ programming and the rate of return. Ha gave a history of our County's cable ordinance. Mr. Wayne 0'Dell, area Vies President and General Manager of Storer Cable, stated he would consider this as he would like to ~iscuss this matter with his company b~fore he could pledge deferring the matter. Ne stated, however, ha felt if the 5% increase would have an adverse effect on th~ relationship of the Company and the County, he was certain they wo~ld not as that relationship is valued hiqhly. Mrs. Girone stated she had reoelved over 100 telephone calls regarding Storer Cable. She stated Storer has installed about 31,000 connections and should now turn their attention toward service. She asked Mr. 0'Dell if they could change their method 85-036 of operating here in regard to taking care of citizen service problems. Mr. O'Dell assured the Board that etorer is addressing the issue oi service to its customers. Mr. Mayas stated his calls from citizens indicated they did not want Storer Cable to receive an increase. He stated he felt a 90 day deferral would qive the Board a chance to reassure the consumer and would be in the best interest of Storer Cable. Mr. Dodd stated he felt Storer Cable should use better business practices to get better profits. He stated further unless something very constructive was shown to him, he would not be able to vote for the increase. Mr. Applegate pointed out that a federal deregulation on July 1, 1985 would grant cablevieion less control by the Board of Supervisors. He stated he could foresee another increase after th~s deregulation. Mr. Daniel asked additional questions regarding the rate of return, etc. ~Ir. Rick Rolandea, Regional Business Manager addressed Mr. Daniel's concern of the accounting approaches used by storer Cable. On mot$on of Mrs. Girone, seconded by Mr. Mayas, the Board deferred until April 24, 1985 further censlderatien of the request from Sto~er Cable for a 10% rate increase to allow staff time to review audited finaneial$ of the company and to allow the company to improve their services. Vote: Unanimous 8.R. APPOINTMENTS 8.B.1. CITIZENS' TRANSPORTATION ADVISORY COMMITTEE On motion of Mr. Mayas, seconded by ~r. Daniel, the Board withdrew the name of ~ir. William F. Harria as a nominee to the Citizens' Transportation Advisory Co~u~ittee (CTACl. Vote: Unanimous On motion of Mrs. Gircne, seconded by Mr. Daniel, the Board withdrew the name of Ms. Geraldine Fineberg as a nominee to the Citizens' Transportation Advisory Committee (CTAC). Vote: Unanimous On motion of Mr. Mayes, seconded by Mr. Daniel, the Board appointed the following people to the Citizens' Transportation Advisory Committee (CTAC), whose te~ms are effective immediately and will expire on December 31, 1986: Mr. J. Ruffin Apperson Mr. Cecil R. ~axson, Jr. Or. Nell J. Humphries Ms. Elaine ~ubin Vote: Unanimous 8'.B.2. MBO AIR QUALITY TECHNICAL COMMITTEE APPOINTMENTR Dn motion of Mr. Daniel, seconded by Mr. Dodd, the Board appointed Mrs. Girone and Mr. R. John MoCracken to the MBO Air ~uality Technical Committee, whose terms are effective immediately for an undesignated period of time. ~ote: Unanimous 85-037 ~.B.3. BOARD OF BUILDING APPEALS FOR VIRGINIA UNIFORM STATEWIDE BUILDING CODE ~n motion of Mrs. Girone, seconded by Mr.'Dodd, the Board ~eappointed Mr. David L. Carr, representing Midlothian District, and Mr. Gerald Speeks, representing Clover Hill District, to the ~oard of Building Appeals for Virginia Uniform Stafewide Building lode, whose terms a~e effective immediately and would expire on Inly 31, 1988. ~.B.4. RICHMOND REGIONAL WATER R~$OURCES TASK FORCE motion of Mr. Daniel, seconded by Mr. Mayes, the Board ~ppointud Mrs. Joan Girone as the County's representative to the kichmond Regional Water Resources Task Force with Mr. Richard L. tedrick as alternate, whose terms of offics would be effective kmmediately and would be for an undesignated period of time. PUBLIC HEARINGS (r. ~edrick stated there were no public hearings scheduled for ~his meeting. NEW BUSINESS [0.A. AIRPORT EXPANSION PROJECT motion of Mrs. Girone, seconded by Mr. Daniel, the Eoard: Authorized the County Administrator to solicit bids and enter into a contract with the lowest responsive and responsible bidder for overlaying the parallel ta×iway, acquiring some additional land and easements and clearing obstructions for the Airport Expansion. Authorized the County Administrator to submit the detailed budget application and to enter into a contract with the federal and state governmen=s for the expenditure of $450,000 in federal, state and county funds when received. Appropriated the federal and state shares of the funds for the Airport Expansion project ($427,500) and the local share ($22,500) to come from the Airport Industrial Park account. Total appropriation is $450,000. Unanimous Vote: 10.B. RICHMOND A/~EA }4PO 1986 UNIFIED WOR/{ PROGR~M APPOINTMENTS On motion of Mrs. Girone, seconded by Mr. Dodd, the Board nominated Mr. R. J. McCracken to represent Chesterfield County as the technical member of the Richmond Area MPC FY 1986 Unified ~ork Program (UWp Committee) replaoing Mr. Defter Williams who served as Chesterfi~ld's technical representativs in the past. Unanimous O.C. CONSENT ITEMS 10.C.1. REQUESTS FOR BINGO AND/OR ~{AFFLE PERMIT~ Dn motion o~ Mrs. ~irone, seconded by Mr. Daniel, the Board ~pproved requests for a bingo and/or raffle permits £or calcnda~ 85-038 year 1985 from the Manchester Music Boosters and Salem Church Jaycees, and the Virginia Citizens Band Communicators, Inc. Vote: Unanimous 10.C.2. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Deep Forest Road in Autumn Oaks, Sections B and C, Matoaca District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Daniel, it is resolved that Deep Forest Road in Autumn Oaks, Sections B and C, Matoaca District~ be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of iHighways and Transportation, be and it hereby is requested to Itake into the Secondary Syetem, Deep Forest Road, beginning at its intereeetion with Chalkl~y Road, ~tate Route 632, and running westerly 0.26 mile to end in a temporary turnaround. This request is inclusive of the adjacent slope easements. This road serves 20 lots. And be it further received, that the Beard of Supervisors guarantees to the Virginia Department of Hiqhwaye a 50' right-of-way for this road. These sections of A~tumn Oaks are recorded as follows: Section B. Plat Book 42, Page 61, February 25, 1983. Section C. Flat Book 44, Page 45, November 2, 1983. VOte: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Tri Gate Road, Passageway Drive, Mooring Way, Dockside Drive and Dockside Court in Somerset, Sections 2 and 6, Matoaca District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Daniel, it is resolved that Tri Gate Road, Passageway Drive, Mooring Way, Dockside Drive and Dockside Court in Somerset, Sections 2 and 6, Matoaca District, be and they hereby arc ~stablished as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby i~ requested to take into the Secondary System, Tri Gate Road, beginning where State Maln~enance ends, existing Tri Gate Road, State Route 1181 and running northwesterly 0.03 mile to the intersection with Passageway Drive, then continuing northwesterly 0.02 mile to the intersection with Mooring Way, then continuing northwesterly 0.14 mile to the intersection with Dockside Drive, then continuing northwesterly 0.01 mile to end at proposed Tri Gate Road, Somerset, Section 3; Passageway Drive, beginning at the intersection with Tri Gate Road. and running southwesterly 0.03 mile to end in a dead end. Again Passageway Drive, beginning at the intersection with Tri Gat~ Road and running northeasterly 0.02 mile to end at proposed Passageway Drive, Somerset, Section 52 Mooring Way, beginning at the intersection with Tri Gate Read and running southwesterly 0.08 mile to end in a cul-de-sac; Dockelde Drive, beginning at the intersection with Tri Gate Road 85-039 and running westerly 0.06 mile to the intersection with Dockside Court, then continuing wes=erly 0.02 mile to end in a cul-de-sac; and Dockside Court, beginning at the intersection with Dockside Drive and running southerly 0.05 mile to end in a cul-de-sac. This request is inclusive of the adjacent slope easements. These roads serve 47 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way for all of these roads. These sections of Somerset are recorded as follows: Section 2. Plat Book 38, Page 42, March 17, 1981. Section 6. Plat Book 43, Page 59, July 26, 1983. Vote: Unanimous 10.C.3. AIRPORT ADVERTISING PROGRAM GRANT APPLICATION 9n motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to apply for and accept the Virginia Airport Promotion Program Grant in the amount ~f $2,031..00. Vote: Unanimous 10.D. CO}L~UNITY D~V~LOPMENT ITEMS ~0.D.1. RESTRICTION OF TRUCK TRAFFIC ON COURTHOUSE ROAD ~r. McCracken stated that staff had been requested to pursue the ~estriction of through truck traffic on Courthouse Road between Route 360 and Route 10. He stated that since Courthouse Road is ~ major north/south arterial in the County's road network, ~taff feels that any restriction or public hearing should have the )enefit of a full detailed traffic study by the Virginia )epartment of Highways and Transportation. He stated the current ~DH&T policy requires the Board to conduct a public hearing ena through truck restriction prior to their consideration cf the hatter. qr. Applegate stated there is a problem with 16 wheel trucks on 2ourthouse Road and he is concerned about the public safety on ~his road. re recommended an alternate route as Route 360 to ~hippenham and Chippenham to Route 95 or Route 1. On motion of Mr. Daniel, seconded by Mrs. Girone, the Board agreed to hold a public hearing to consider the through truck trafiic restriction on Courthouse Road. V~te: Unanimous Mr. Daniel inquired about the status of the Centralla Road situation. Mr. Hedrick stated procedures are in motion. 10.D.~. STREET LIGHT INSTALLATION COST APPROVAl, On motion Of Mr. Daniel, seconded'by Mrs. Gi~one, the Board approved'the ~treet light installation cost at Hopkins Road and Edgemere Boulevard and appropriated $192.00 from the Dale District Street Light Fund. Vote: Unanimous 65-040 10.D.3. STREET LIGHT REQUEST Mr. Dodd Stated his Street Light Fund balance was zero and if there were a cost involved~ he could not presently recommend the installation of a street light at N. Enon Church Road and Saffron Mr. McRlfish stated he put this item on the agenda since it possibly would not involve an installation cost. On motion of Mr. Dodd, seconded by Mr. Hayes, the Board approved the installation of a street light at N. ~ncn Church Road and Saffron Lane providing there would not be an installation cost. Vote: Unanimous Mr. Eedrick suggested staff talk with VEPC0 regarding the County upgrading poles which VEPCO may eventually upgrade themselves. 10.D.4. CONTRACT FOR "CHESTER, PLAN OF THE TOWN OF" Mr. McElfish stated staff has been attempting for some time to get the roads in Chester, Plan of the Town of, State Accepted. On motion o~ Mr. Dcdd, seconded by Fir. Hayes, the Board approved and authorized the County Administrator to execute any necessary documents for Castle Heights Construction Company in an amount not to exceed $6,500 to have the roads in Chester, Plan of the Town of, accepted into the state system with funds to be expended from the bond amount from the bonding institution which the County had received. Vote: Unanimous 10.D.5. WAIVER FOR ~-~ERICAN SPRINKLER SYSTEMS, INC. Mr. Muzzy stated staff has had a request from the American Sprinkler Systems, Inc. in the Airport Industrial Park located on Virginia Pine Court, requesting a waiver to the paving rsquirement for paving of the loading and truck maneuvering area due to poor soil conditions and construction of an addition to the existing structure. Me stated staff has reviewed this request and recommended to grant a waiver for 18 mmnths. On motion o£ Mr. Daniel, seconded by Mr. Dodd, the Board approved an eighteen month waiver of Section C.2 of the Airport Industrial Bark Restrictive Covenants for the American Sprinkler Systems, 10.E. UTILITIES DEPARTMENT ITEMS 10.E.1. REPORTS 10.E.l.a. WATER AND SEWER FINANCIAL REPORTS Mr. Welchons reviewed the Water and Sewer Financial Reports for the Board. He stated in the Water Summary of Cash Funds Available Balance of Uncommitted Funds that bond covenants require a three (3) month reserve for operating expenses be maintained and that a reserve for a year's debts be maintained. He stated staff proposed to present the Capital Improvements Program at the next Board work session. He stated that in regard to the Sewer Summary of Cash Funds Available for Balance of Uncommitted Funds that we do maintain a one (1) year reserve for debt service; however, this is not required ~y the bond covenants. Mr. Hedrick stated staff would ask the Board to adjourn today's masting to the work session at 2:30 p.m. on February 13, 1985 to 85-041 review the Utility Master Plan and the Utility Capital Improvements Program. 10.E.l.b. DEVELOPER WATMR AND SEWER CONTRACTS Mr. Welchons presented the Board with a list of developer water and sewer contracts executed by the County Administrator. 10.E.2. SET DATE TO CONVEY PROPERTY FOR POWEiTE PAt~KWAY On motion of Mr. Daniel, seconded by Mrs. Girone, the Board set the date of February 27, 1985 at 9:00 a.m. for a public hearing to convey property to the Commonwealth of Virginia for the construction of Powhite Parkway. vote: Unanimous 10.E.3. SEWER ITEMS 10.E.3.a. RESULTS OF SEWER SURVEY IN NORMANDALE TEP~qACE AREA On motion of Mr. Dodd, seconded by Mr. Mayes, the Board denied the request to extend public sewer to the Mormandale Terrace Area due to only 22.5% response by the residents. Vote: Unanimous 10.E.3.b. R~SULTS OF SEWER SURVEY IN NORTH LAKE ~ILLS AREA 'On motion of Mr. Dodd, seconded by Mr. Mayes, the Board denled :the request to extend public sewer to the North Lake Hills area !due to only 22.2% response by the residents. Mote: Unanimous Mr. Dodd ~tated that since tap fees have become more expensive ithat lack oi response in connecting to p~btic sewer may become a itrend. Mr. Daniel ~tatad that if the tap fees continue to climb, the County may eventually have to appropriate some type of funding mechanism to support connections if they become ~o cost )rohibitive that an individual can not afford to connect to ~ublic sewer. REQUEST FOR PUELIC $~WER IN KELLERSLEY On motion of ~ir. Mayas, seconded by Mr. Dodd, the Board authorized the Utilities Department to survey the Kellersley Subdivision Area to determine the number of residents that will sign contracts to connect to public sewer if it were made available. Vote: Unanimous Mr. Mayas staked that staff should look into some method of offering financial plans to residents to connect to public sewer and water. Mr. Welchons stated that the County do~ offer residents who want to connect to public sewer and water a 20 month installment plan with ne interest or carrying charges. 10.E.4. CONSENT ITEMS 10.E.4.a. CONTRACT FOR WATER LINES FOR MONACAN HILLS, S=C. 2 On motion of Mrs. Girone, seconded by Mr. Daniel, the Board 85-042 approved and authorized the County Administrator to execute any necessary documents for the following water contract: W85-30CD/6(8)5302, Monaean Hills, Section 2 Developer: The Ashment Company Contractor: Lewis H. Easter & Company Total Contract Cost: $61,390.00 Total Estimated County CO~: Estimated Developer Co~t: Number of Connections: 76 Code: 566-1-00556-0000 Vote: Unanimous 4~015.74 (Refund through connections) $57,374.26 10.E.4.c. CONTRACT FOR WATER LINES ON ELMART LANE On motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute any neoeesary documents for Sydnor Hydrodynamics in the amount of $16,393.00 uEin9 P.V.C. pipe, Contract W84-90B/6(8)4907, for the installation of water lines on Elmart Lane. Vote: Unanimous 10.E.4.d. CONTI~ACT FOR PANS AVENUE WATER TANK On motion of M_rs. Girone, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute any necessary documents for the contract with Hydrostorage, Inc. in the ~uount of $986,415 for the erection of PamE Avenue water tank. The following transfers are to be made to 380-1-64327~4393. These transfers will cover the estimated cost to erect the tank, complete the site work and foundation,, and the extension of the water line from Willim Road to the tank. 380-1-6102I (Sludge Facilities P.C.) $ 500,000.00 380-1-61031 (Replace ~rewired Panels F.C.) 100,000.00 380-1-61041 (Modification of Chemical Feed Room S.C.) 46,000.00 380-1-62551 (Addition to Swift Creek) 224,155.61 380-1-69064 (Ettrick Rehabilitation) 72,163.70 380-1-62471 (Increase Capacity of S.C.) - 407,680.69 TOTAL Vote: Unanimous $1,350,000.00 DEED OF DEDICATION ALONG OLD STAGE ROAD On motion of Mrs. ~ircn~, seconded by Mr. Daniel, the Board iapproved and authorized the County Administrator to execute thc necessary deed accepting, on behalf of the County, a 5' etrip of land along Old Stage Read from A. Lee Banhury and Jewell G. Hanbury. Vote: Unanimous 10.E.4.f. DEED 0E DEDICATION ALONQ CATTAIL ROAD On motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to e×ecute the necessary deed accepting, on behalf of the County, two (2) 20' strips of land along Cattail Road from Lawrence R. Belcher and Linda G. Belcher. Vote: Unanimous 85-043 10.E.4.g. UTILITIES FOR R~OCATION FOR ROUTE 295 On metien of Mrs. Girone, seconded by ~r. Daniel, the Board approved and authorized the County Administrator to execute an agreement cn behalf of the County subject to approval by the County AttorHey's Office with Virginia Department of Highways and Transportation and the County for Design of Utilities to be relooated due to the construction of Route 298. Vote: Unanimous 10.F. ~EPORTS Mr. Eedrick presented the Board with a report Om the status of the General Fund Contingency Account and General Fund Balance. Mr. Hedrick stated the County had been officially notified that the roads in the following subdivisions had been formally accepted into the State Secondary System, effective as indicated: Length Whitestone Subdivision, Section ] (1-7-85) Wadsworth Drive - Beginning where State maintenance ends on existing State Route 2687, extending north- eas~ 0.04 mile to the intersection of East Wadsworth Place and West Wadsworth Place, thence northeast 0.07 mile tc the intersection of Wadsworth Way, thence northeast 0.08 mile to Scottingham Drive. 0.19 mi. West Wadsworth Place - Beginning at it~ intersection with Wadsworth Drive~ extending northwest 0.04 mile to a cul-de-sac. 0.04 mi. East Wadsworth Place - Beginning at its intersection with Wadsworth Drive, extending southeast 0.06 mile tO a cul-de-sac. 0.06 mi. Wadsworth Way - Beginning at its intersection with Wadsworth Drive, extending southeast 0.04 mile to a cul-de-sac. 0.04 mi. Scottingham Drive - Beginning at its intersection with Wadsworth Drive extending southeast 0.09 mile to Grinelt Drive, then southeast 0.03 mile to existing State Route 2728. 0.12 mi. Grinell Drive - Beginning at its intersection with Scuttingham Drive extending southwest 0.08 mile to a cul-de-sac and extending northeast 0.06 mile to Grinell Court. 0.14 mi. Grinell Court ~ Beginning at its intersection with Grinell Drive extending northwest 0.04 mile to a cul-de-sac. 0.04 mi. Burferd Court (1-15-85) From Route 678 and going 0.07 mile to a southeast cul-de-sac. The Board recessed for lunch at the Airport Restaurant. 0.07 mi. Reeonvening: 10.D.1. RESTRICTION OF TRUCK TRAFFIC - COURTHOUSE ROAD ~r. Applegate stated that a Board motion during the morning 85-044 session had failed to include the date f~ a public hearing on item 18.D.l., R~striction of Through Truck Traftic on Courthouse Road from Route 560 to Route 10. Ne stated the motion should have been to ~et the public hearing date for March 13, 1985 at 7:00 p.m. On motion of Mr.'Daniel, seconded by Mrs. Girone, the Board approved a public hearing for March 13, 1985 at 7:00 p.m. to consider the restriction of through truck traffic on Courthouse Road from Route 360 to Route 10. Vote: Unanimous 10.G. REQUESTS FOR MOBILE HOME PERMITS 85SR020 In Matoaca Magisterial District, Glenn H. Henshaw, requested a Mobile Home Permit to park a mobile home on property which Pelongs to G. Henshaw, mother of the applicant. Tax Map 186-3 (2) Augustus Wright, Lot 15 and better known as 21700 Ferndale Road (Sheet 52). Mr. Glenn H. Hen~haw was present, The~e was no opposition present. On motion of Mr. Mayes, seconded by Mrs. Girone, the Board approved this request for a period o~ ~ive (5) years subject to the following standard conditions: i. The applicant shall be the owner and occupant of the mobile home, 2. NO lot or parcel may be rented Or leased for use as a mobile home ~ite, nor shall any mobile hom~ be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. 3. The minimum lob size, yard se%backs, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. Ne additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or ~ewer are available, they shall be ~sed. Upon being granted a ~obile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. A~y violation of the above conditions shall be grounds for revocation o~ the Mobil~ ~ome Permit. Unanimc~ Vote: 858021 In Dale Magisterial District, Tanya ~errill, requested a Mobile ~ome Permit to park a mobile ho~e On property which belongs to D. and J. Overacre, parents of a friend of the applicant. Tax Map 65-8 (2) Ampthill ~ardens, Section 2, Lot 66A and better known as 6716 Hill Road (Sheet 22). The applicant was not pre~ent. Staff recommended denial of this request because of the present and anticipated future development 85-045 in this area. On motion of Mr. Daniel, seconded by Mr. Dodd, the Soard denied this request. 10.H. REQUESTS FOR RBZONING ~4S168 In Bermuda Magisterial District, EDWIN H. RAGSDALE requested ~ezoning from Community Business (B-2) to Light Industrial (M-i) ~n a 5.5 acre parcel fronting approximately 283 feet on the south line of Woods Edqe Road, also fronting approximately 540 feet on Nappy Hill Road, and located in the southwest quadrant of the ~nterseetion of these roads. Tax Map 149-11 (1) Part of Parcel 3 Sheet 41). fr. Balderson stated the applicant has withdrawn this request from consideration. On motion of Mrs. Girone, seconded by Mr. )odd, the Board approved the request for withdrawal from Mr. Edwin E. Ragsdale of this application. ~ote: Unanimous [n Clover Rill Magisterial District, JJR, A VA PARTNERSHIP ~equested rezoning from Agricultural (A) to Residential (R-9) on ~ 163.5 acre parcel lying at the western terminus of West ?rovidence Road. Tax Map 38-9 (1} Parcel 1 (Sheets 13 and 14). 4r. ~aldersen stated the Board had deferred this request from the ~ovember 28, 1984 Board meeting at the request of the applicant. ie stated the Planning Commission had reviewed this request and ~ecommended denial of the application. ~r. Bewe was present. Ne stated this case has been pending since ~ebrnary, 1984, and the facts regarding the property were the ~ame now as they were several years ago when the Board approved .he development of adjacent land. ~r. Applegate stated that since staff has recently received the Cellerco Plan for the Route 288/Powhi=e Corridor Land Use and Transportation Report, which should be made public in the near future and since it does tie in with the piece of property Mr. Bowe intends to develop, he suggested a 30-day deferral to work out a solution. On motion of Mr. Applegate, seconded by Mr. Mayas, the Board deferred further consideration of this item until February 27, 1985. Vote: Unanimous Mr. Dodd requested that $45143 and 84S149 be moved to the end of the rezonlng agenda. 84$196 In Dal~ Magisterial District, CROV~R C. AND ROSA H. KESLER AND 5EWIS T. AND MARION F. WOODCOCK requested rezoning from Residential (R-7) to Convenience Business (B-l) plus Conditional ~se Planned Development to permit a convenience store on a 1.46 acre parcel fronting approximately 305 feet on the east line of Purner Road also fronting approximately 70 feet On W~lmsley ~eelevard, and located in the southeast quadrant of the intersec- tion of these roads. Tax Map 40-6 (1) Parcels 14 and 15 (Sheet [5). ~r. Balderson stated this case was deferred from the December 12, ~9~4 Board meeting, and the Planning Commission has recommended 85-046 approval. Be furtker noted that staff had met with the applicant's representative and at the direction of the prepared the conditions on pages 2 and 3 of the staff analysis. Be advised that staff did not £eel the land use was compatible with area development even with these conditions. Mr. Balder$on advised that he had reviewed a recent letter from Mr. Leslie Saunders, representating the applicant, requesting several changes to these condition~. Mr. Balderson suggested that only Conditions 1 and 2 be amended if the Board approves B-1 zoning in lieu of 0 zoning. Mr. Jeff Collins asked for a 30 day deferral to give the o~ners o£ the property an opportunity to meet with the person who has the option to purchase the property to deter~0ine if he wants to proceed with the application as it currently stands. There was no opposition present. On motion of Mr. Daniel, seconded by Mrs. Girone, the Board deferred further consideration of this item until Februany 27, 1985. Vote: Unanimous 84S111 (Amended) In Clover Bill Magisterial District, LUTHER CAUDLE AND ED BELL requested rezoning from Agricultural (A) and Residential (R-15) to Sight Industrial (M-l) of 122.1 acre.s, plus a Conditional Use Planned Development to permit use and bulk exceptions on this t~act plus on an adjacent 34.5 acre tract currently zoned Residential (E-15). This request fronts approximately 838 feet on the northeast line of Warbro Road approximately 5,000 feet north of Hull Street Road, also front~ approximately 230 feet On the south line of Genito Road approximately 150 feet east of Brookforest Road. Tax Map 48 (1) Parcels 16 and 62; Tax Map 48-8 (1) Parcel 3; Tax Map 48-12 (1) Parcel 1; and Tax Map 48-16 (3) Genito Estates, Section A, Block C, Lot 4 (Sheet 13). Mr. Balderson stated the Planning Commission had reviewed this request in December, 1984 and had reoo~ended approval of the amended request as set forth by the applicant. He stated staff felt the plan being presented to the Board et thi~ meeting is agreeable and acceptable to the County and the applicant. Mr. Jim ~ayes of J. K. Timmons and As~ooiate~, Inc. referred the Board to the case history c£ this item stating a meeting had been held with community me~ber~, developers, staff and the builder. ge also stated several conditions had been agreed upon by all ~arties and these were acceptable to the applicant. ~here was no opposition present. On motion of Mr. Applegate, seconded by Mr. Mayas, the Board approved this request subject to the following ccnOi~ions: i. The following conditions notwithstanding, the plan prepared by J.K. Tim~en~ and Associates, Inc., revised August 28, 1984, shall be considered the Master Plan. (P) 2. A 100 foot buffer shall be maintained along the perimeter of the Light ~ndustrial (M~i) tract adjacent to residential zoning. This buffer shall be landscaped in accordance with the "Minimum Guidelines for Landscaped Buffers." A 100 foot buffer shall al~o be maintained along the northern property boundary of the M-1 tract where adjacent to Agricultural zoning; this ~uffer, however, may be modified by the Planning Commission at the time of schematic plan review if adjacent property kas been zoned and/or developed for commercial or industrial uses, or ii a plan is submitted which accomplishes sufficient buffering in a lesser width. A conceptual landscaping plan depicting this requirement shall be submitted to the Planning Co~mission for approval 85-047 in conjunction with schematic plan review. A detailed landscaping plan shall be submitted to the Planning Depart~ ment for approval in conjunction with final site plan review. (p) 3. Uses permitted in the Light Industrial (M-l) tract shall be confined to those uses permitted by the Zoning Ordinance with the exception of cosmetic and toiletries (compounding only) manufacturing plus the following use exceptions on lots which ara not adjacent to residentially zoned property: a. Building materials (storage and sale) b. Contractor shops and storage yards c. Other fabricated metal products manufacturing not otherwise listed in this chapter d. Public utility storage yards e. Signs and advertising displays (manufacturing} f. Truck terminals g. Wholesale qreenhouses h. Cut stone and s~one products (manufacturing) i. Lumber and wood products (except furniture) manufacturing j. Machinery (except electrical) manufacturing k. Paper recycling by compacti(an method ¢. All .driveways and parking areas in the Light Industrial (M-l) tract shall be paved and delineated by curb and gutter. 5. With the exception of lots abutting Markey Road and lots adjacent to Tax Map 48-16 (3) Genito Estates, Section A, Block C, Lots 1, 2 and 3 (i.e., Moscher, Burks and Hall on Master Plan) and Tax Map 48-16 (1) Parcel 20 (i.e., Sussman on Master Plan) which shall conform to Residential (R-15) bulk requirements, the "R-15 use exception" tract shall be developed in accordance with Residential (R-9) requirements. Overall density shall not exceed 2.49 units per acre. 5. The developer shall provide an accurate account of the drainage situation, showing existing drainage and the impact this project will have on the site and the surrounding area. The developer shall submit a plan to Environmental Engineering providing for on- and off-site drainage facilities to be utilized in the hydraulic engineering for each drainage out£all. Plans shall be approved by the Plan- ning Commission at the time of schematic approval for the first building con~tructed and in conjunction with Environmental Engineering. This plan shall be approved prior to the clearing of any land and implemented prior the issuance of any occupancy permit. ?. The developer shall submit a plan for erosion and sediment control to Environmental Engineering for each drainage Outfall. Such a plan ~hall be comprised of vegetative and engineering practices (as outlined in the "Erosion and Sediment Control Technical Handbook," publiDhed by the James River Soil and Water Conservation District) to be utilized as erosion and sediment control measures for the project. The plan shall be approved by Environmental Engineering prior to the issuance of any building permit and implemented prior to clearing any land. (EE) 8. The lake within the "R-15 bulk exception" tract ~hall remain under private Ownership. To avoid potential algae and siltation problems, the minimum depth of the lake shall not be less than 3% feet within ten (!0) feet of the shoreline. A maintenance and operations manual shall be provided to 85-048 future owners prior to, or in conjunction with, recordation of any area which drains to the lake. (EE&SS) 9. Prior to recordation of any lotm or roadm which drain to the lak~, the lake and dam shall be certified by a qualified engineer. (EE) 10. Required drainage outfalls shall be constructed and/or improved by the developer in conjunction with the first site utilizing the outfall. {~=) 11. Prior to release of any building permits in the M-1 tract, thirty (30) feet of right of way, measured from the centerline of Warbro Road, and forty-five (45) feet of right of way, measured from the centerline of Genito Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (T) 12. Turn lanes shall be constructed at aeoess pelnt$ to Warbro Roads, a~ deemed necessary by VDH&T and the Tranmportation Department. 13. Stub roads shall be provided to adjacent properties to the north. This condition may be modified by the Planning Commission at the time of schematic plan approval. (T,P&CPC) ~nd further the Board accepted th~ following proffered uonditionm: 1. Minimum finished ~quare footage of houses: a. Ranch Style 1,200 square feet b. Two-mtory Style 1,500 square feet c. Expandable Two-Story Style 1,160 square feet 2. Foundations - Ail ~oundatione of houses will be exposed brick and concealed block with the exception of contemporary houses, which shall have parget coated block. 3. Pre-fabricated fireplaces - All metal flue pipe~ will be enclosed in framed wood chimneys with applied siding the same at the main house. ~4S130 (Amended) In Clover ~ill Magisterial District, THOMAS C. AND DEBORA~ J. THOMAS requested amendment to a previously granted Conditional Use (Case 83S153) to permit relocation of a riding ring, encroachment of a driveway into the previously required fifty (50) foot buffer, and inclusion of an additional 0.598 acres for the use. This request lies in an Aqricultural (A) District on a 20.598 acre parcel fronting approximately 150 feet ea the north line of Woolridge Road, approximately 4,300 feet northeast of Otterdale Road. Tax Map 60 (1) Parcel 46 and Part of Parcel 4 Sheet 19). Mr. Balderson stated the Planning Commission recommended approval subject to the conditions noted in the staff report. There was ho opposition present. On motion of Mr. Applegate, seconded by Mr. Daniel, the Board approved this request eubjeot to the following conditions as approved by the Planninq' Commission: 1. The following conditions notwithstanding the plan prepared by Bodie, Taylor and Puryear, Inc., dated April 16, 1984 and 85-049 the landscaping plan submitted with the application shall be considered the plan of development. (P) The lucidum shrubs to be planted in ~he areas specified on the plan of development shall have an initial height of thirty (30) inches. (CPC) The driveway shall be located a minimum of twenty (20) feet from the eastern property line. (NOTE~ The driveway must be widened to a minimum of twenty (20) feet ih accordance with BOCA Code requirements to accommodate two way traffic). (P) Vote: Unanimous ~4S155 In ~idlothian Magisterial District, C~NTUR~ KEY CONCEPTS REAL ES- rATE, INC. requested Conditional Uee Planned Development to permit use and bulk exceptions in a Residential (R-7) District On ~ 2.3 acre parcel fronting approximately 174 feet On the north line of Midlothian Turnpike, approximately 430 feet west of ~ycamore Square Drive. Tax ~ap 15-12 12) Winterfield, Lot 44 Sheet 7). ir. Balderaon stated the Planning Commission has reviewed this ~eque~t and recommended approval subject to the eonditlons set ~orth in the analysis. ~s. Alice Kendriok, Owner of Century 21 Key Concepts, requested ~hat since this request is a Conditional Use Planned Development ~ot to exceed two y~ara that she be allowed to use the current lrlveway into the property. Phere was no opposition present. )n motion of Mrs. Girone, seconded by Mr. Applegate, the Board ~pproved this request subject to the following conditions: L. This Conditional Use Planned Development shall permit the utilization of the existing structure for a real estate office, exclusively. Other than renovation and normal maintenance, there shall be no exterior alterations or additions to the existing structure. (P) This Conditional Use Planned Development shall be granted iora period not to exceed two (2) years from date of approval. (p) 3. Driveway and parking areas shall be graveled with a minimum of six (6) inches of #21 Or $21A stone. (BS) 4. A single freestanding sign, not to exceed ten (10) square feet and a height of fiv~ (5) feet, shall be permitted identifying this use. This sign may be externally lighted, or may be internally lighted if. the signfield is opaque with translucent letters. The sign's facades shall be of ~ubdued colors. In conjunction with schematic plan submission, a colored rendering shall be submitted to the Planning Commis- sion for approval, (P) 5. In conjunction with the granting of this request, an exception to the requirement that parking areas be screened from view of adjacent residential property shall be granted. (P) ~ote: Unanimous 85-050 845160 (~uuended) In Clover Sill Magisterial District, KPC NATIONAL MANAG=~ENT COMPANY requested amendment to a previously granted Conditional Use Planned Development (Case 825038) to permit encroachment into e required buffer and exceptions to a required driveway and parking setbacks in General Business (B-3) and Co~u~unity Business {B~2} Districts on a 2.7 acre parcel fronting approximately 400 feet on the north line of ~ull Street Road, approximately 680 feet west of Courthouse Road. Tax Map 49-7 (1) Part of Parcels 7 and $ (Sheet 14). Mr. Baldersen etated the Planning Commission has reviewed this request and recommended approval subject to the conditions Dutllned in the analysis. Mr. Bill Walton representing the applicant stated the applicant ~as in agreement with the conditions as recommended by the Planning Commission. there was no Opposition present. Dn motion of Mr. Applegate, seconded by Mr. Dodd, the Board ~pprcved this request ~ubject to the following conditions= The following conditions notwithstanding, the plan dated 10/30/84 titled "~endment of Conditional Use Planned Development" shall be considered the Master Plan. (P) 2. In conjunction with final site plan submi~Bion, a landscapinq plan for the area lying between the Route 360 right of way and the proposed driveway, which parallels Route 360, shall be submitted to the Planning Department for approval. This landscaping shall be for the purpose of minimizing the view of parking and driveway areas from Route 360. IP&CPC) The drive-i~ window lane for the westernmost site shall be separated from the internal driveways by a concrete curb. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. (~) 5. ~rior tO issuance of any occupancy permit, additional pavement and curb and gutter shall be installed along the entire length of the Route 360 frontage, as deemed necessary by the Transportation Department and VD~&T. (T and VDE&T) 6. The two (2) entrance/exits from Route 360 shall have a maximum width of fifty (50) feet. (CPC) 7. In conjunction with the approval o~ this request, the Planning Commission shall grant schematic plan approval of the Master Plan. (P) Vote: Unanimous 84S161-II In Midlothian Magisterial District, KFC NATIONAL MANAGEMENT COMPANY requested Conditional Use Planned Development to permit bulk exceptions relative to sig~s in a Community Business (B-2) District on a 0.66 acre parcel fronting approximately 170 feet on the south line of Midlothian Turnpike, approximately 440 feet west of Courthouse Road.. Tax Map 16-12 (1) Part of Parcel 25 Sheet 7). 85-051 Mr. Balderson stated the Planning Commission has reviewed this request and recommends approval subject to the conditions norad in the request analysis. There was no opposition p~esent. Mr. Bill Gear representing the applicant asked for a clarification on the Planning Commission's reference of all signs located on the property nog to exceed 85 square feet. Ha wanted to know if this included directional signs. Mr. Balderson stated the 85 square feet did not include directional signs. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved this request subject to the following condition: Except for directional signs, as defined by the Zoning Ordinance, the total aggregate area of all signs located On the property shall not exceed eighty-five (85) square feet. The freestanding sign shall not exceed an aggregate area of ~ixty (60) square feet and a height of ten (10) feet and shall be as depicted on the plans submitted with the appli- cation. (CPC) Vote.: Unanimous 84S174 In Midlothian Magisterial District, C. PORTER VAUGHAN, INC. requasted Conditional Use Planned Development to permit bulk exceptions in a Residential (R-40) District on a 231.66 acre parcel fronting approximately 275 feet on the west line of Corner Rock Road. approximately 975 feet south of Robious Road. Tax Map 8-9 (1) Parcel 1; Tax Map 8-10 (1) Parcel 1; and Tax Map 8-14 (1) Part of Parcel 1 (Sheets 2 and 7). Mr. Salderson stated the Planning Commission has reviewed this residential request and is recommending approval subject to the conditions as set forth in the analysis. Mr. Leroy Vaughan of C. Porter Vaughan Realtors was present representing the developers. He stated in regard to oondi=ion 3, they be allowed the 15,000 square feet exception in the R-40 zoning for parcel 3. Hr. David ~hillips representing the residents on Wadebridge Road, the residents in Salisbury and other area residents was present to oppose this request. ~e stated their primary objection was the change to R-25 lots, between Salisbury Subdivision and the drainage way. ~e stated the plan was less beneficial to neighbors and felt their property values would be diminished. He stated the opposition he represented felt there should be ne connector to Wadabridqe and Salisbury Roads. Mrs. Girone stated Some of the history of the connector roads in subdivisions in the County and gave some examples to substantiate the need for connector roads. Mr. Bill Phillips stated he was opposed to the Salisbury connector road and did not believe it was necessary. Mr. John Hubbard stated he was opposed to the Wadebridge connector road since he had purchased his property on a cul-de-sac and was concerned for thc safety of his children. Mr. Hollis Shomo stated he was opposed to the zoning change in the size of the lots, the connection to Salisbury Road and the extension of Wadebridge Road. 85-052 Mrs. ~irone noted some of the planned changes in area roads which had been funded or are under construction. Mr. Baldersen gave a history of how the R-40 sorting came about in this area of the County. Mrs. Girone stated this request is ~ompatible with other zoning in this area. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved a Conditional Use Planned Development to permit bulk exceptions in a Residential (~-40) District subject to the following conditions: The following conditions notwithstanding, the Master Plan prepared by Jordan Consulting Engineers, P.C., revised 10/24/84, shall be considered the approved Master Plan for development. However, prior to receiving tentative approval, a revised plan shall be submitted to the Planning Department reflecting the following revisions/conditions. 2. NO bulk exceptions shall be granted for the Paroel 1 ar~a except that Lots 7 and 8, Block B shall be granted 20 foot exceptions to the front and rear yards. 3. All lots in the Parcel 3 area shall be developed with the following bulk requirements= (BS) a. Lot area - 25,000 ~quare feet minimum b. Lot width - 120 feet c. Front yard - 60 feet except for Elock C, Lots 46, 51-53, 59-61 and 75-70 and Block A, Lots 7-9, 11-13 and 33, which shall be no less than 40 feet. d. Rear yard - 30 feet e. Side yard - 15 feet 4. Ail lots in the Parcel 2 area shall be developed with the following bulk requirements: (BSI a. Lot area - 20,000 square feet minimum Lot width - 120 feet c. Front yard - 60 feet, except for Block C, Lots 7-37; Block F, Lots 7&8; Block J, Lot~ 3-12; Block L, Lots 6-12; Block I, Lots 47-53; Block K, Lots 23-28; Block G, Lots 21-26; Block A, Lots 29-32, 40-44, which shall be no less than 40 feet. d. Rear yard - 30 feet e. Side yard - 20 feet 5. A detailed soils analysis shall be submitted to and approved by Environmental Bngineerlng to determine if special footing design will be necessary. (SS) A geot%chnical analysis shall be submitted to and approved by Environmental Engineering showin~ the location and extent of mining operations on site. (EE) Drainage plans must be approved by Environmental Fngi- neerinq. If necessary, drainage patterns previously established by Charter Woods Subdivision will be redesigned at this developer's expsnse. Also, if necessary, this developer will be required t0 relocate the existing paved ditch and silt basin in Charter Woods to a location downstream from this development. (ES) There shall be no road connection to Wadebridge Road in Salisbury Subdivision. Road A shall be connected to Salisbury Road through the fifty (50) foot right of way 85-053 lying between Lot 21, Block B and LOt 1, Block D of Salisbury, Section A. And further the Board accepted the following proffered condition: Two thousand (2,000) square foot minimum finished home. Vote: Unanimous 84S175 In Clover Eill Magisterial Dietriet, WENDY'S INTEI~NATIONAL, INC. requested Conditional Use Planned Development to permit bulk exceptions in a General Business ~E-3) District on a 0.77 acre parcel fronting approximately 110 feet on the south line of Midlothian Turnpike, approximately 390 feet east of Mall Drive. Tax Map 17-9 (1) Parcel 45 (Sheet $). Mr. Balderson stated the Planning Commission has reviewed this request and recommended approval subject to the conditions noted in the analysis. Mr. Bob Carter stated the applicant concurred with the recommendation approved by the Planning Commission. There was no ~ppo~ition present. On motion of FLr. Applegate, seconded by Mr. Mayas, the Board approved the building setback exception, the parking setback exception along the eastern property line and a one (1) parking space exception subject to the following conditions: The following conditions notwithstanding, the plan prepared by Robert K. Carter, revised November 16, 1984, shall be considered the Master Plan. (P) 2. The proposed parking space which en~rea~hes into the fifty (50) foot setback along the western prcperty line shall be eliminated. (T&P) 3. Between the Midlothian Turnpike ~ight of way and the proposed parking spaces, ornamental trees and shrubs shall be planted to minimize the visual impact of the encroachment. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. ¢. In conjunction with th~ g~anting of this request, the Planning Commission shall grant schematic plan approval of the Master Plan. (P) And further the Board denied the parking setback exception along the western property line. Vote: Unanimous 84S176 In Clover Hill Magisterial District,. WENDY'S INTERNATIONAL, IBC. requested Conditional Use Planned Development to permit bulk exceptions in a General Business (B-3) District on a 0.77 acre parcel fronting approximately 100 feet on the north line of Null Street Road, also fronting approximately 75 feet on Dyer Lane and located in the northeast quadrant of the intersection of these roads. Tax ~ap 29-14 (2) P~ovidenca Farm, Lot 7B (Sheet 9). ~r. Balderson stated the Rlanning Commission had reviewed this r~quest and recommended approval subject to the conditions set forth in the analysis. Mr. Bob Car~er who represented the applicant stated he was in ~gre~ment with the conditions, There was no opposition present. 85-054 On motion of Mr. Applegate, seconded by Mrs. Girona, the ~oard approved this request subject to the following conditions: The following conditions notwithstanding, the plan prepared by Robert K. Carter, revised November 13, 1984, shall be considered the Master Plan. (P) In conjunction with the approval of this request, the Planning Commission shall grant schematic plan approval of the ~aster Plan. (P) 84H199 In ~idlothian Magisterial Dist~i~t, STRUM LAND COMPANY requested rezoning from Agricultural (A) to Residential (R-15) of ll.1 ~cres and to Residential (R-25) of 7.9 acres on a parcel lying approximately 2,200 feet off the west line of Courthouse Road, Dff the western terminus of Berrand Road. Tax Map 26-8 (1) Parcel 7 and Tax Map 27-5 (1) Parcel 6 (Sheets 7 and 8). Zr. Balde~$~n stated the Planning Commission had reviewed this request and recommended approval, ~ir. Dick Ycungblood with Youngblood, Tyler and Associates representing the Strum Land Company gave information regarding the development of this property which will be compatible to ~djacent property. ~here was no Opposition present. Dn motion of Mrs. Girone, seconded by Mr. Dodd, the Board · pproved this request. ~ote: Unanimous ~4S200 In Bermuda Magisterial District, ~ALPH J. RUTL~DGE, JR., DDS, requested a~endment of a previously granted Conditional Use (Case 84S063) to permit expansion of a beauty salon in a Light Industrial (M-l) District on a 0.68 acre parcel fronting approximately 150 feet on the north line of West ~undred Road, approximately 1,150 feet ~a~< of Harbour ~ast Drive. Tax Map 117-11 (1) Parcel 11 (Sheet 33). Mr. Balderson stated the Planning Commission had reviewed this request and recommended approval subject to the conditions set forth in the analysis. Mr. Bill Chavis, representing Dr. Rutledge, stated the applicant only wanted to add some additional styling chairs in the beauty shop. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Mayas, the Board approved this request subject to the following conditions: 1. The following condition no~withstanding, all previously imposed conditions of Conditional Use 84S063 shall apply. 2. This amendment shall permit an additional 780 square teet (1,600 square feet total) to be used for the beauty salon. (P) 85-055 Vote: Unanimous 84S201 In Bermuda Magisterial District, W.E. DUKE AND SONS, INC. requested Conditional Use to permit a landfill in a Community Business (B-2) District on an 11.0 acre parcel ~onting app~oxlmately 800 feet On the east line of Jefferson Davis Eiqh- way, approximately 600 feet south of Osborne Road. Tax Map 98-14 (1; Parcel 6 (Sheet 32). Mr. Balderson stated the Planning Commission has reviewed the request and recommended approval a~ noted in the request analysis. NO one was present to represent this case. Mr. Dodd Stated that since he has some questions to ask Mr. Duke regarding this request, he would like to have a 30 day deferral. On notion of Mr. Dodd, seconded by Mrs. Girone, the Board deferred this matter until the February 27, 1985. Vot~: Unanimous 84S202 In Clove~ Hill ~agisterial District, FERNBROOK NEIGHBORHOOD ASSO- CIATION, INC. requested a ConditiOnal Use tO permit a recreational facility in a Residential (R-12) District on a 3.5 acre parcel fronting approximately 200 feet on the south line of Fordham Road, also frontinq approximately 90 £eet on Fordham Place, and located in the southwest quadrant of the intersection of thsse roads. Tax Map 50-6 (1) Parcel 4B and Tax Map 50-1~ (11) Fernbrook Chatham Grove Phase II, Block P, Lots 65, 66 and 67 (Sheet 14). Mr. Balderson stated the Planning Commission has reviewed this request and recommended approval as noted in the analysis. There was no opposition present. Mr. Uon Hager representing the Fernbrook Neighborhood Association, Inc. stated the applicsnt was in agreement with the Planning Commission recommendation. On motion of Mr. Applegate, ~econded by Mr. Daniel, the Board approved this request subject to the following conditions= The following conditions notwithstanding, the plan prepared by Jordan Consulting Engineer, P.C., dated 7/18/84, shall be considered the plan of development. (P) A six (6) foot high solid board fence shall be installed adjacent to Lot 3, Fernbrook, Section C-1. A six (6) foot high solid board fence shall also be installed adjacent to Lot 64, Fernbrook Chatham Grove, Phase II, Block F from Chatham. Grove Lane to the edge. of the floodplain. Along the remaining length of Lot 64, evergreen tree~, having an initial height of six (6) feet, shall be planted. A thirty (30) foot naturally wooded buffer shall b~ maintained adja- cent to Part of Parcel 2, Tax Map 50-10 (i.e., Clay Property, as shown on the Master Plan). Landssaping plans depicting these requirements shall be submitted to the Planning Depar=ment for approval in ~onjunction with final site plan review. (P) 85-056 Vote: 3. Reereational facilities shall be limited to picnic tables, a pavilion, and two (2) tennis courts. The tennis courts shall not be liqhted. (P) 4. Hours of operation shall be confined to between 8:00 a.m. and 8:08 p.m. Vehicular driveways shall be barricaded with a locked gate between 8:00 p.m. and 8:00 a.m. (P) {Note: The Zoning Ordinanee requires that driveways and parking areas for six (6) or more vehicles be paved. Also, the BOCA Code requires that driveways have a minimum width of twenty {20) feet.) 5. The proposed fence along Fo~dham Road and Fcrdham Court shall be no higher than three (3} feet six (6) inches and shall be of an ornamental nature {i.e., picket, split rail, etc.). Evergreen trees shall be planted along the road frontaqe to minimize the view of the facilities. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunetion with final site plan review. (P) 6. Prior to obtaining any building permits, subdivision plats for Wernbrook and/or Fernbrook Chatham Grove shall be re-recorded to reflect recreational use of that property encompassed by this application. (P} All driveways and parking areas shall be delineated by permanent means (i.e., timber curbs, etc.). (P) 84S204 In Midlothian Magisterial District, WILLIA~ CAMPBELL requested Conditional Use Planned Development to permit use and bulk excsptlons in an Agricultural (A) District on an 11.25 acre parcel fronting approximately 470 feet on the south line of Midlothian Turnpike, approximately 2,600 feet east of Dry Bridge Road. Tax Map 14 (1) Parcel 29 (Sheet 6). Mr. Balderson stated that the Planning Cormmission had reviewed this request and recommended approval subject to the amended conditions as outlined in the analysis. Mr. Applegate declared a possible conflict of interest with this case and excused himself from the meeting pursuant to the Virginia Comprehensive Conflict of Interest Act. MS. Jones, representing Mr. William Campbell, stated the need for clarification of the parking area and cc~m%ercial entrance. She asked if the building could be used to house professional offices other than those listed in the request without having to pave the parking area. Mr. Balderson stated that if Use cf the building were expanded, the parking area should be paved. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved this request as amended subject to the following :onditions: The following conditions notwithstanding, the plan prepared by Woodrow K. corer, Inc., dated October 17, 1984, shall be considered the Master Plan. (P) Uses permitted shall be limited to an antique shop, interior design business and general office. (BS) 85-057 There shall be no exterior alterations or additions to the existing structure to accommodate these uses. (P) One sign, not to exceed eight (8) square feet and a height of five (5) feet, shall be permitted identifying these uses. This sign shall not be internally lighted, but may be externally lighted. The sign's facades shall be of subdued colors. Prior. to obtaining a sign permit, a colored rendering shall be submitted to the Planning Department for approval. (p) 5. If development is limited to an antique shop and/or interior design business, all driveway~ and parking areas shall be graveled with six (6) inches of ~21 or ~21A stone. Ail driveways and parking areas shall be delineated by a permanent means (i.e., timber curbs, curb and gutter~ If general office use is developed, driveways and parking areas must be paved per the Zoning Ordinance. (Note: Based On the Commission's recommendation, all parking areas must be located a minimum of fifty (50) feet from the Midlothian Turnpike right of way.) 5. A landscaping plan shall be submitted to tho Planning Department for approval in conjunction w±th site plan review .for the area lying between the proposed parking are~ Midlothian Turnpike. This landscaping shall be for the purpose of minimizing %he view of parking from Midlothian Turnpike. (P&CPC) ?. In conjunction with the approval of this requestt the Planning Commission shall grant ~ahematie plan approval of the Ma~tar Plan, subject to compliance with the conditions stated herein. (P) Ryes: Mr. Mayas, Mr. Daniel, Mr. Dodd and Mrs. Girone. ~bsent: Mr. Applegate. ~r. Applegate returned to the meeting. 84S143 In Bermuda Ma~isteriaI District, R0~L%~ ~ILL D~V~LOPM~NT CORP. requested Conditional Use Planned Development to permit townhouse development in a Residential (R-4D) District on a 23.3 acre parcel fronting approximately 450 feet on the east llne of Chester Road, approximately 2,400 feet south of Centralia Road. Tax Map 97-1~ (1) Parcel 9 (Sheet 32). Mr.. Balderscn stated the Planning Commission had reviewed this request and recommended denial. Mr. Cal Ssaton representing Rolling Hills Development Corporation stated the applicant does not agree with the staff recommendation. Mr. Paul Barr who was present to oppose this request ~tated he lives next to the proposed project. He presented to the Board a letter from Pioneer Financial Corporation stating that they do not approve of this project along'with petitions from the neighbors who oppose this project, copies of which ars filed with the papers of this ~oard. He ~tated this project is not consistent with other projects in this area. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board denied this request. Vote: Unanimous 85-058 The Board recessed ~or five minutes. 84S149 In Bermuda Magisterial District, B. F, HILL, PIONEER FINANCIAL SERVICE AND G. EMERSON requested rezoning from Agricultural (A) to Residential (R-9) and Residential (R-12) plus Conditional Use Planned Development to permit use exceptions on an 84.0 acre parcel fronting approximately 2,133 feet on the southeast line of Bermuda Hundred Road also fronting approximately 1,950 feet on Golf Course Road and located in the southeast quadrant of the intersection of these roads. Tax Map 117-16 (1) Part of Parcel 1 (Sheets 33 and 42). Mr. Bald~rson gave a background of the application for this request and stated the latest plan to be submitted had not been reviewed by the Planning Commission. He stated that staff had prepared an addendum for this request. He also stated that staf~ had been directed by the Board at their October, 1984 meeting to prepare an amendment for the Eastern Area Plan which deals specifically with this neighborhood centering on the parcel in question. He stated that this plan is still under preparation and should be presented to the Hoard in March, 1985; and, unless directed otherwise, staff will continue with the preparation of this study. Mr. Peele outlined the applicants request for rezoning. Mr. Jeff Collins, representing Charles Townes and Associates, presented additional background on this application. He also stated some of the residents' concerns; mainly, the desire not to have apartments built on this site. He presented the Hoard with a llst of three (3) proffered conditions to be added to the application for rezoning, a copy of which is filed with the papers of this Board. Mr. Applegate stated that on the advice of the County Attorney, the Board cannot accept any proffered conditions submitted to the !Board at this meeting since proffers must be submitted in writing prior to the meeting. Hr. Collins asked to have these proffers considered by the Board as possible conditions to be added to the Conditional Use. Hr. Micas stated the Board could consider these proffers as possible conditions. Mr. Collins stated he felt the applicant had made a substantial compromise in amending their request, and pointed out that this is a transitional property from commercial to single family dwellings. Mr. Dodd asked what provisions had been made for the cemetery located on this property. Mr. Collins stated the cemetery is not beinq sold with the property and that an access is being created from a planned road to the cemetery. Mr. Joe McCaffrey, a residen= o3 the Enon area, spoke in favor of this project. He ~elt a project of this type would be beneficial to the County, the community, and the businesses within this Mr. David Sauers, President of Enon Civic Association, gave a history of this project. He listed several meetings which 85-059 ad been held with Mr. Dcdd, the applioant~, the representatives of this association and citizens of the area. He presented the Board with two sets cf petitions signed by area residents opposing multi-family dwellings on this property, copies of which are filed with the papers of this Hoard. Mr. Christopher Milton, Vice President of Enon Civic Association, SpOke in opposition of this project stating that multi-family homes were the major objection. He stated the residents had originally asked for the entire area to be zoned R-15. He noted density, flooding of Johnson's Creek and overcrowding of schools as concerns. Mr. Dickie King representing his parents and friends who own property in the area spoke about the previous flooding of Johnson's Creek, the change of location of the Johnson Creek drainage area and expressed concern about possible drainage problems of this project. Pictures showing the flooding of Johnson's Creek were presented to the Board, which pictures are filed with the Board papers. Mr. skitch Rudy, representing Mr. and Mrs. Ronald Luck, expressed concern over drainage problems with this project. Me stated he felt off-site easements should be required before any zoning is appr.oved. He referred to the Comprehensive Eastern Area Development Plan and stated he felt that what Board does with this project will set a trend for the entire core area. Fir. Ronnie Luck co~mended Mrs. Girone and Mr. Mayes for the way they represent their constituents, sta~ed his opposition to this project and stated some of the problems which this project.needs to address. Mr. Dodd explained the drainage problem surrounding Johnson's Creak. He stated a declaration of a motion he planned to make regarding this project. Mr. Halderson stated that a subdivision plan approval would have to be made before the applicants could begin development. After much discussion between the Board and representatives of the opposition of this project, on motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved the rezoning from Agricultural (A) to Reeidential (R-9, R-12 and R-15) plus a Conditional Use Planned Development subject tO several conditions. The Board recessed for five minutes before taking the vote on this motion. Beconvening: :Mn. Daniel amended the Board motion to state ne clearing, grubbing, and timbering will take place until an approved drainage plan which includes provisions for off-site easements is made by the Highway Depart/~ent and the Chesterfield County Planning Staff. Mr. Dodd and Mr. Mayes stated they accepted Mr. Daniel's amendment to their motion. Mr. Applegate stated he would like to amend the motion to extend the requested R-12 zoning north to the creek through Tract A as a · transition between R-9 and R-15 zoning. Mr. Dodd and Mr. Mayes stated they accepted Mr. Applegate's suggested a~endment to their motion and on motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved the rezoning from Agricultural (A) to Residential (R-9, R-12 and R-15) plus a Conditional Use Planned Development subject to the following conditions: $5-060 1. The following conditions notwithstanding, the plan prepared by Charles C. Townes and Associates, dated January 8, 1985, and the textual statement submitted with that plan, shall be considered the Master Plan. (P) 2. Ths property shall be zoned as follows: a. Residential [R-15) zoning shall be as depicted on the applicant's Master Plan, plus the 3.03 acre parcel fronting Ramblewood Road which includes the existing golf course clubhouse. b. Residential (R-12) zoning shall be as depicted on the applicant's Master Plan plus= all property lying between that line, the two (2) stub roads and the interior northeast/southwest road, plus One lot depth in Tract A, adjacent to the R-15 The remainder of the property shall be zoned Residential (R-9). (Note: This condition supersedes all re~erences made in the Textual Statement and Master Plan to cluster, townhouses and/or apartments.) (BS) 3. The R-9 tract shall be developed in accordance with Residential (R-9) bulk rec~/irements. Tbs density shall not exceed 2.36 units per acre. (P) 4. The A-12 tract shall be developed in accordance with Residential (R-12) bulk requirements. The density shall not exceed 2.80 units per acre. (BS) 5. The R-15 tract shall be developed in accordance with ~esidential (R-15} bulk requirements. The density shall not exceed 2.0 units per acre. 6. If the developer wishes to provide recreational facilities, they shall be provided for use hy the entire development. The location shall be conveniently accessible to Tract A. The exact locution shall be determined at the time of schematic plan review. The recreation tract shall be developed in accordance with the following requirements: a. Two (2] tennis courts shall be constructed in conjunction with the first fifty (50) dwelling units and shall be operational prior to release of the fiftieth (50th) occupancy permit. b. A swimming pool shall be constructed in conjunction with the first 75 dwelling units and shall be operational prior to release of the 75th occupancy permit. c. Th~ recreational facilities shall be buffered from proposed residential tracts and adjacent properties with vegetation, berms, f~ncing or a combination o£ these treatments. A Specific buffer plan shall be submitted for approval in conjunction with ~chematic plan review. d. Parking shall be provided at a ratio of four (4) spaces £or each tennis c0urt, plus one (1) space for each ninety (96) squar~ feet of combined swimming and wading area. (P) (Note: The ~oning Ordinance requires that driveways and parking areas be paved.) 85-061 7. Concrete curb and gutter shall be installed in all parking facilities and on both sides of the proposed seventy (70) foot right of way and around driveways, parking areas and road frontage of the recreational tract. (EE) 8. Culvert capacity enlargements and accompanying downstream improvements onto properties to the north and south shall be bonded, and easements executed prior to recordation Or release of building permits. (EE) 9. Roadside ditches along Old Bermuda Hundred, Golf Course and Ramblewood Roads shall be relocated per VDH&T requirements. (EE&T) 10. stub roads shall be provided to Tax Map 117-16 (1) Parcels 2 and 3 and Tax Map 134-3 (1) Parcel 8 and Tax Map 117-16 (1) Part of Parcel remaining of this tract. (T} 11. Turn lanes shall be constructed along Old Bermuda Bundred and Golf Course Roads at all intersections with public roads into the project. (T) (Note: This condition supersedes Textual Statement, II. Condition 12.. A forty (40) foot buffer shall be maintained along Golf Course and 01d Bermuda Hundred Roads. This buffer shall exclusive of any utility easements. The buffer shall be maintained in its natural state and shall be supplemented with additional landscaping, fencing or berms where necessary to effect a proper screen. Other than public road~, there shall be no facilities located within these buffer~. (Note: This condition supersedes Textual Statement, II. Conditions, 4.) 13. Ne clearing, grading, grubbing and/or timbering operation shall be permitted until drainage plans are approved by Environmental Engineering and necessary off-site easements are required. (BS) Ail foundations and fireplaces shall be constructed of brick er brick veneer. The existing pond on Tract A shall be retained. (DS] 14. Vote: 10.C.1. REQUESTS FOR BINGO AN~/OR RAFFLE PERMITS Mr. Applegate stated during the lunch hour a request had been made to the Board to add an emergency item to 10.C.i., Requests for Bingo and/or Raffle Permits. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board suspended the rules to take this emergency matter under advisement. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. ~ayes, the Board approved the request for a bingo and/or raffle permit for the calendar year 1985 from the Knights o~ Columbus, Bishop Ireton Center Council 36189 because of the emergency nature of the issue. Vote: Unanimous 11. ADJOURNMENT On motion of Mr. Applegate, seconded by Mr. Daniel, the Board 85-062 adjourned at 6:30 p.m. to a work session in Room 502 of the Administration Building on February 13, 1982 at 2:30 p.m. Vote: Unanimous L. Hed~imk County Administrator 85-063