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09-23-1992 MinutesSupervisors im Attendance= Hr. Harry G. Daniel, chairman Mr. Arthur S. Warren, Vice Ck~m. Mr. ~dward ~. ~arber Mr. Whaley M. Colbert Mr. J, L. McHale, III County Administrator staff in Attendance: ~r. J. E~ward Beck, Utilities Department Asst. to Co. Adnin. Asst. CO. Admin., Building Official Fire Department Dir., Parka and Racraation ~ir., Planning Ma. Mary Leu Lyle~ Dir., Accounting Mr. Eobert L, Masden, Dir., T~ansportation Mr, Richard M. McElfish, Mr, ~tevan L. Kicas, county Attorney ~rs. ~auline A. Mitchell, Di~., N~W~ & ~ublie Information services clerk to the Board Dir.~ Budget & Managemen~ ~r, ~. D. $tith, Jr., Acting D~puty Co. Adnin., ~r. Daniel called the regularly schednled meeting to order at ~:~ p.m. ar. colbert e~cused himself from the mes~in~. 92-730 9/23/9~ 1. ~PPROVAL OF ~I~TE8 On motion of Mr. ~eKale, ~cond~d by Mr. Barbe~, the approved the minutes of September 9, 1992, as submitted. Ayes: Mr. Daniel, Mr. Warren, ~r. Barber and Mr. Mc~a!e. Absent: Mr. Colbert. Far. Colbert returned to the meeting. Hr. Ramsay introduced MS. Shirley Hudson~ the 1992 Colonial Heights/Chesterfield Christmas Mother. Ks. Hudson reviewed the record their schedule for 1992 and program statistics from 19S7 through 1991. She expressed appraciatien te the Board for their support threughsut the years of the Program. Mr. Daniel stated the Board would be contributin~ ~e the Program, ~rpress~d the County Administrato~ to work with the committee to address Judy Beach, Director of A=tivitie~ and Day Care, and ~tatad the Nursing ~ome hue received the D.A. "Woody" Brown Coat, unity Involvement k~ard fram the Virginia Health Card Assaeiatlon. Mr. Ramsay th~n r~cogni~d }{r. Stegmaier and stated the Virginia ~overnment Pinance Officer's Association Award for its submission of ReWeD~e Forum, which had been developed by Mr. St~gm~ier. Hr. D~niel expressed ~ppre¢iation to Mr. Ste~maier and csmmended him for carrying the County forward during a difficult financial budget year. Mr. Stegmaier e×pr~d appreciation to ~taff and citizens who have participated in the budget process. Mr. Ramsay then introduced Mr. David Bleok~hesr, Executive Direutor of the Capital ~egion Airport commission. Mr. would b~ changing drastically an~ the region was net currently prepared to m~et the challenge. Ee indicated he felt american companies were making ~11isncas with other countries and nations presante~ an overview e~ the long-term plan for the Airport incl~dinq a slide presentation and reviewed tAe future direction of the Airport by improving air service including striving for international ~cheduled ~rvlce; inproving klrport facilities; enhancing economi~ development; and improving air service Mr. Kevin Hear, Karksting Director of the Capital Region Airport Commission, reviewed market share by eperatiene inclndin~ daily crew availability, equipment and airpor~ services; passenger Campaign to cemmunioate the benefits of flying from an~ coming to Ric~lmond; the scope of the Airport'~ service area; total air cargo performance for the past ten years; and progress of air cargo development including imports and exports and its future goals. Mr. ~lackshear then reviewed the ~evelop~e~t of facilities at the Airport in~luding air~ide and landside development; the planning needed to address the Airport Masker Plan update, moime impact analysis, environmental assessments and ~torm water management plan; improving apron capacity; preserving exi~tlng facilities; improving taxiway and runway capacity; and improving :erminal capacity and initial ga~e ~xpan~ion. H~ ~hsn reviewed the concept for gate expansion at the Airport, the benefits it would provide and whether the Airport oeuld be expanded in futur~; the financial potential of the Airport and its econ~ic impact and whether the Airport should expand in the ~uture and the pr0¢esm which would occur to accomplish the expansion. Mr. Daniel expressed appreciation to Mr. Blackshear for the presentation on the long-term plan for the Airport and stated he felt every resource should be ~ound to enhance the benefits of t~e Richmond Imternatio~al Airport. 3, BOA~D ¢OI~II~TEE KEPOKT~ There were ne Board Committee Report~ at this time. 4. REOUEST~ TO POST~ONE ACTION, EMERGENCY ADDITIONS O~ CHANGE~ IN THE ORDER OP On motion of ~r. Warren, seconded by ~r. Colbert, the ~oard deleted Item 6.E.1., Consideration of Waiver of the Industrial Park Prstectivs covenants Regarding Installation of Chain Lin~ Perimeter Fencing on Property Adjacent to the Industrial Perk Taxiway; added Item 6.F., Approval of an Agreement Additional Auditing S~rvie~ fro~ Coop~r~ and Ly~rand to follow Ite~ 6.E.7., Request for Permission from Mr. Morris F. Robsrtson to Cunstruet a Driveway within Unimproved Carroll Av~nu~ in Mamie I. Robertson Subdivision~ and removed Item 6.E.7. from the consent portion of the agenda and, adopted the agenda, as amended. 5.A. P~-R~S ~ND ~EC~ATICNMASTEN PLAN ~-r. ~as~en stated the Parks and Recreation Master Plan wa~ the result of a combined effort of the Park~ and Recreation Department, the Planning Department, Virginia CoIm~onwealth University ~taff and others and the standards used wer~ adopted standards used by the State and federal governments. He recreation and stated staff wam p~suing management of historical resources and ~ites, access to water reso~ces and to developed. ~. Golden stated ~e pu~ose of the Master Plan was to identify land acquisition and develop~ent prospects and needs for future facilities and their locations; and cooperation with the ~chool System when addressing f~oilities~ road improvements and systems and contributions by private development. He reviewed the his%cry of ~e Kester Pla~ including th= general pla~, the bikeway plan and the gr~enway~ plan; th~ available rejoices incl~di~ ~atural, cultural and historical resources; ~e top ten recreation activities in Virginia and noted pool swiping had the greatest participation; and the number of park visitors for 1991. There was brief dlscueeion relative to the number of park visitor~ within the different County parks and at Pocohonta~ state Park. Mr. Golden then reviewed recreational facilities including major regional park~, community parks, and special purpose parka; bhe park ulassificatien system and park land acreage standards; current facility standards including activity, unit and unit/population; and 199~ recreation facilities for supply, demand an~ needs. When asked, he stated there were methods available ts b~ing a number of the field~ into operatien. Ke continued to review the Department's mission, goals and objectives, projections and key concerns. Ee stated staff was recommending th~ te~ acre standard ~e maintained for acquisition of park land for every 1,000 residents; identifying and reserving land for ~uture park ~ites; providing ~uffieient active and pa~sive recreation facilities; addressing need~ fo= o~er =yDea of activities not currently offered such as ~wi~in~ peel~, community center~ and golf courses; scheduling provlslo~ o£ Parka and Recreation facilities as needed ba~ed on population growth; addressing improved access to £ederal/~tate fa~illties that are available; working with the Planning Department as new development occur=; management and acquisition US hlatorlo sites, recreation facilities at schools and assessing the role currently being provided by the D~ivate marke~; updating athletic s%%~vey; addressing water resources, the ~reenway Plan and updating the annual Capital Improvement Pla~ to include these recommendations; establishing a funding mechanism for future park land aoquisitien~; and reviewing Parks and Reoreation budget comparison of localities with national average as compared to the City of Richnond ~nd the county of H~nriee. Discussion, eo~msnts and guastlon~ ensued relative to land acquisition for future years; identifying neighborhood sc~%eol~ for park services; the 195~ Ben~ Referendum as i= related to park services at schools; competition with the private sector regarding activities suo~ a~ golfing and ewim~ing; access of reutrooms and gy~nasi~s in schools for recreational activities; =~e concep~ £0r utilizatien of community centers; accessibility of programs and facilities for residents within th~ C$~nty and cervices being limited to County residents; end whether the new Ksnchester High School ballflelds would be ready for the spring and if the fields would be lighted. Mr. sti~h stated u~r groups were increasing and the Master Plan would maintain con~ist~nt ~e~vico l~vels as the County population grows and changes. He further stated park facilities w~re an incentive for growth in the area of economic development. )iT. Jacobsen stated staff was r~co~e~di~g the Master Plan be ~eferred to t/%e ~lanning Commission for consideration and adoption as part of the Comprehensive Plan. He further m~ated the Plan would assist in development within the COUnty, provides the basis for the Capital I~prcve~ent ~rogre~ ~nd i~entifies key locations ~or fu=ur~ parks in which the Planning Department currently identities future Mer¥ic~ ~reas. On motion of Kr. ~arren, seconded by ~r. Colbert, thm Boar~ referred tc the Planning Commission the Parks and Recreation Master Plan for their review and ume. (It i~ noted a copy of the Parks and Recreation Kester Plan is filed with the paDerm of this Board.) Vote: Unanimous 9~-733 ~t~319~ Mr. stith stated the purpose of the work seseion was ts an ove~-¢i~w on the Mater and ~ast~ater Facilities Plan and, speei~ieaily, aa it relates to futura planning. Mr. Daniel excused himself Zrom the meeting. Mr. nernard $oh~elz~ Engineering supervisor in the utilities Department, stated he was a member of the management team responsible %or the preparation of the Plan an~.r~viewed n~mDer of water and wastewater cu~tomer~ ~erv~R by the Utilltlem Department; the number of mile~ of water and sewer lines in the System; the amount of water provided and ~he amouat of wastewater treated on ~n a~erage day; and the Department ~e±ng Sully supported threugh user and connection fees without the use of tax dollars. He further stated the Department of Utilitie~ ha& d~veloped a superior system with excellent reliability in the distribution of Water, collection of ~a~t~water and operation o~ faoilitiee an~ was responsible for O6~gtruction of water lines, w~stewater lines, sto~age tanR~ and facilities, and t2aei~ efficient and cost effective operation necemmary to me~t ~ needm of the County and its residents; and that the Plan looks twenty-five years into the future to determine the a~equacy of current facilitie~ and to project future n~d~ of ~he Utility ~. Daniel returned to the meeting. ~. schmalz continued to review the Plan differentiating between improvements needed for r~liability an4 regulatory compliance and tho~e improvements neces~a~due to growth; furze growth i~ relate~ to iacreasem in population an~ emplo~ent; County's water resources including Swift C~eek Reservoir; bein~ purchase c~pacit~ from the city of Richmond; the deoig~ construction o~ Sacilitias d~signmd to deliver water into the County from the City of Ric~ond; proposed improvements ~ing drivan by ~row~h and d~velupm~n= an~ anticipated improv~ents ~edessa~y d~e tc grow~ eithe~ being b~ilt o= financed by wa~tewater ~y~t~m with wa~tewat~r trea~nt being provided by Proctors Creek Treatment Plant and ~e Falling Creek Treatment Peterabur~ Treatment Plant and ~tated proposed ~mprovements were for growth related items. Mr. Daniel'stated the Ccunty'~ Utility System wm~ superior and Mr. Ramsay noted staf~ was planning to proceed with the reso~endations of the Water an4 Wastewat~r Facilities and the u~e of that oonoept and development of ~e Plan; peak u$~ time during the su~er; and the water resources available to addre~ this situation. (It is noted a copy of the Water and Waztewater Facilities Plan 92-734 9/22/92 CHaRTeR A~R~MENT Mr. Stith stated the Crater Planning District Commission was requesting amendment~ tn the commission's Charte~ ho zpecifically allow the Commission to provide plan and program implementatisn services and the amendments would bring the Commission'~ Charter in linc wi~h the Virginia A~ea D~velopm~nt On motion of ~r. ~cKale, seconded by Nr. Barber, the Board endorsed amendments to the Crater Planning D~strict Commission's Charter. (It i~ noted a copy of the amendments are filed with the paper~ of this Board.) Vote: Unanimous madm a determination that s proposed County sports complex he would ~e substantially in aoeord wi~h t~e County's plan and sin~e the approval, the County has obtained an o~%ion %o purchase additional property for the complex. ~e further stated Kr. Warren has ex/oressed concerns abuu~ citizens who might be to fully participate in ~he ~evaloDment of the project end under the Board considmr remanding the issue to the Planning On notion of Mr. Warren, seconded hy ~r. Colbert, the Dcard Planning commission fo~ an additional publi= h~arXDg pursuant to F~f. Warren clarified tho matlon did not include directing the ~lanning Conmmiemion to issue it~ substantial Accord Determination within ninety days as he felt the Commission could Clov~r ~ill Sports Compl~ oasg to the Planning Co.lesion for an additional public hearing pursuant to Section 6.6 of the ~ubntantial Aceor~ Polioy. Vote: Un~l~cus ~' : 6.C, APPOINTMENT~ 6,~.~L.,....CR~TER PLANNING DISTRICT COMMTBS!ON On motion of Mr. Daniel, ~eco~de~ by ~r. Colbert, the Doar~ $us~ended"it'~rulaa to allow simultaneous no~inati0n/appointment at ~J~ie time of th~ ~onorable Arthur S. Warren to ~erve on the Crater Planning oistriot Commission. Vats: Unanimous 0U motion of Mr. HoHale, seconded by Mr. Colbart, the Board ~imul~aneou~ly nominat~d/~pDointed the Honorable Arthur Warren ~o serve on the Crater Planning District Cemmi~ion, whose term i~ effective immediately amd will ex, ire December 31, 1995. On motion of Er~ Barber, ~e¢oDd~d by ~- Colbert~ the Board appointed the ~enorable J. L. McHale, III, to ~erve on the Board immediately amd will be in an ex-officio capacity. Vote: Unanimous 6.D. STREETLIGHT I~STA~LATIO~ COST A~PROVALS On motion Of Mr. Colbe~ seconded b~ ~. McHale, the ~oard approved the fo]lowing gtreetlight installation cost app~oval~ in the Matoaca ~agisterial District with said funds tn be exl~end~d from the Marsala District ~treet Light Account: Dupuy Road, vicinity of ~406, On pole 9 1~33C NO cost to in,tall light. And~ further, the soard deferred the following $treetlight installation cost approval in the Bermuda Magisterial District until March ~, 1999: * Intersection of Tiptoe Circle and Tiptoe Street Vote: Unanimous 6.E. CONSENT ITEMS COESTRU~TION, INC. FOR PHASE V OF T~E ROUTE 60~.14.~ On motion of Mr. Warren, seconded by Mr. Colbert, th~ Board appropriated $~1,000 from the Route 40/147 Drainage Di~trlst Account for the ~netallst~on of drainage improvements at Dromw~h Drive ~n~ aw~rde~ a construction c~nt~ct to Pearson Con~tructlon, Inn., i~ an a~o~t ~nt ~e ~xceed $21,000~ for th~ construction cf ~ha~e V of the Route ~0/147 Drainage District. Vote: Unaninou~ 9~.E...S.....REQUE~T8 FOR BINGO/RAFFLE PE~MI?S On mctlom of Mr. Warren, ~eoonded by Mr. Colbert, the Board approved requ~uts for bingo/raffle permits for the follewiag organ~zatlon~ fo~ ~alendar year 1992: OR~ANI~ATION TYPE Ettrick Elementary School Raffl~ PTA Junior F~d~rated Women's Bingo~Raffle Club of Chester Vote: Unanincu~ SET DATE FOR PUBLIC HEARIN~ TO CONBY~ER TNB AB/~WDO~ENT OF A PORTION OF FORT DARLING RO~D On motion of Mr. Warren, seconded by Mr. Colbert, tho Board set the date of November 12~ 1992 at ?:90 p.m. for a public hearing to consider the abandonment of a portion Of Fort Darling Road and authorized p0stin~ and publishing of maid public notice of the County's in~ent. (~t is noted a cody of the plat is f~led with the papers of this Board.) Vote: Unanimous APPROVAL OF AME~PDED ~FATER CONTRACT FOR CHIPPEN~4 ~CH OF CHRIST On motion of Mr. Warren, seconded by ~r. colbert, the Board approved ah amended water contract for Chippenham Church of Christ, Elkhardt Road, CanSzact ~umber ~0-92S5, as follows, which project inolude~ the e~tes~ion of 69 L.F. of additional water lines to provide servi~e to adjoining proporty as re~p/ested'by staff and authorized the County Administrator to Developer: C~ipperuham Church of ~hris~ Cuntructor: Lyttl~ Utilities, Inc. Coat,act ~0~=; ~imated Total - $13,580.00 Totul E~timated County Cost: water (A~ditional Work) - $ 465.00 (Cash) =~im~e~ D~veloper Cost: - Coda: (Additional Work) - SB-ST2W0-E4C District: Clover Hill Vote: Unanimous On notion of Mr. Warren, seconded by Mr. colbur~, ~he Board approved a utilities contract for Hilmar, Section D, Contract Nun~er ~g-0799, a~ follow~, which project includes the extension ef 3~5~6 L.F. ! of 8 inch wastewster line~ and 3,970 L.F. ~ of 6 inch, $ inah and ~6 inch water llne~ and authorized =ha County Administrator to execute any necessary documents: Dev~Ioper: Pa~ A~soeiutes, LTD. Contractor: william M. Harmon Contractor Contract Amount: Estimuted Total - $179,931.00 Total Estimated County Cost: Water (Overmizing) - $ 17,7~1.70 (Refun~ thru connections) Estimated Developer Cost: - $1~,1A9.~0 Code: ~'~'"':(Overeizlng) - 5B-S72V0~E~C District: Dale Vote: Unanimous FOR PERMISBION FROM MR. MORRI8 F. ROB~RTSON TO CONSTRUCT A D~XYEWA¥ WITHI~ UNIH~EOYED C~i{KOLL AVENUE fN MAMIE T. ROBERTSCN ~UBDIVISION · ~r. Stith state~ staff was requesting the Board grant ~r. Morris F. Rober~ston permission to construct a driveway within unimproved Carroll Avenue, subject to the execution of a license agreement. M~. Colbert stated two adjacent proDerty owners were Dreeent and one owner had req~egted to addr~g th~ Mr. Daniel recognized Ms. Delores Ellis, an adjacent property Ms. Delores Ellis stated she wa~ opposed to the request end government and the structure in which County issues w~re addressed. Discussion! commen~s and questions ensued relative te whether Carroll Avenue was a State road and whether it could be improved Carroll Avenu~ in Mamie I, R0berts0n Subdivision, ~ubject tot he execution of a license agreement. (It im noted a copy of the vicinity sketch is filed with the papers of this Board.) vote: Unanimous ~R~R~L.._OF._.~J~R~NT ~ORI~nI~ZOI~m~T~ ~UDZTIN~ · ERVI~ES ~ROM COOPER~ ~ND LYBRAND operation of the Building Inspection Office be independently conformance with State law; that the performance audit by Cooper~ a~d Lybrand wo~ld involve int~i~w~ w~ County officials, elected officials and cons~ers and would be so,Dieted within 45-60 day~; that the per~o~ance audit would with other p~lic inspection progra~a, ~eview of record-keeping ~ont~ol ~tanda~d~ and r~view of th~ ~oo~dlnat~on of the in~ection prouess with o~r County Departments; an~ th~ report would include insuring Building Code requirement~ are b~in~ met, would reco~end chan~es in practices to improve quality in construction proce~, and would azze~ the adequacy of staffing, training, evaluation systems, customer relations, problem improvement. Mr. Daniel disclosed to the Board that he is Morris, USA, does not work with mny auditing groups, and was not auditing s~rvices and, th~refor~r would not bs affected by On mu~iun of Mr. McHale, =moon,ed by ~. Warren~ ~e ~oard authorized the County Administrator to execute an agreement for a perfo~ance audit of th~ Building Inspection Offlc~, in a sum not to exceed $5O,000, with =he appToDriatlon from year-end adjustments %o be funded within the current budge%. Vot~: Unanimous 7. DE~RRED ITEKS 7.A. APPOINTMENT~ Metropolitan Economic Development Council Operating Committee. i ! After brief discussion, on motion of Mr. Warren. seconded by Mr. Colbert, the Board suspended its rules Go allow simultaneous ~o~i~ation/app0intment at this time of Mr. Albsrt Meyer, Jr. to serve on the Metropolitan ~conomi¢ Developmsn~ Council operating Committee. Vote: Unanimous On notion of Mr. Barber, ~econded by }~r~ Warren, the Board simultaneously nominated/appointed Mr. Albert Meyer, Economic D~velopnen~ Council operating Committee, who~e term effective i~ediately and will ~xpirm F~br~ary 6, 1993. Vote: Unanimou~ On motion of Mr. Colbert, ascended by ~ Warren, the Board accepted the resignation of ~. william A. Igel, r~presenting Matoaoa District, from the Co,mid,ion on 8oils and Foundations. Mr. Colbert stated he did net feel it was nec%ssnry at this time to nominate a member to serve a~ the Matsaca District ~ep~e~entatiYe on the Co~is~ion. DEBRIS ~ANIF~ APPEALS BOARD On notion of M~. Barber, seconded by Mr. Colbert, the Board nominated ~rs. ~s~a $. Link and PLr. Fred Carfares for reuppointment to the Debris ~anife~tAppeal~ Board, representing the ~oun~y at-large, whose formal appointments will be considered ~t ~he October 14, 1992 meeting. Vote: Unanimou~ After brief dis¢~ssion, Mr. Daniel instructed the County Administrator to contact the Home Builders Association of Richmond for a recommendation for a representative to serve on the Debris Manifest A~peals Board. Tbe~e wa~ b~ief discussion relative to oppointing the nominated members at this time. On motion of Mr. Bar,er, seeonds~ by Mr. Colbert, the Board suspended its rules and allowed ~imulta~eou~ nomination/ rsappointment st this tame of Mrs. Dona S. Link and ~r. Fred Carfares, representing the County at-large, to serve on the Debris Manifest Appeals Board~ whoms term~ are effective October · ~, ~9~ and wil~ empire October 11, !994. Vote: Unanimous METROPOLITAN AUTHORITY On motion of Mr. Daniel, ~s~onded by M~. Warren, the Board ~u~pended it~ rule~ to allow simultaneous nomination/ re&Dpoi~t~ent at tAis time of Mr. David K. Hu~t, r~pre~enting =he County at-large, to serve on the ~iohmond Metropolitan Authority. Vote: Unanimous On motion of Mr. Daniel, ~e¢0nded by Mr. Warrsn, the Board simultaneously nominatsd/reappointed Mr. David K. Hunt, representing the County at-large, to serve on tbs aichmsnd Metropolitan Authority, whose teruz is effective October l, 1992 and will expirs September 30r 1996. On motion Qf ~r. Ce!be~t, seconded by Nr. Warren, the ~oard approved the following streetligkt installation co~t approvals in the Za~saea ~agisterial District with said fun~s to be e~pended from the Matoaca DistYiet Street Light Account: Intersection of Lake Bluff Parkway and Timber Bluff Parkway Cost to install light: * Intersection of Lake Bluff Parkway and Woodlak~ Village Parkway Cost to install light: $1,~92.00. Int~rme~ticn of Woodlake V~llage Parkway Loop Cost to install light: Ve~e: Unanimous S. H~ARING8 OF ~ITISEN8 ON UNS~REDULED ~hATTERS OR CLAIMS There w~rs no Ksaring~ of Cit~z~n~ on Un~chsduled Matters or claims scheduled at ~his time. 9. REPORTS Mr. Ramsey ~r%~ent~d the Buard with a rsport on the ~eveloper water and s~wer esntraot~ ~xeou~ed by th~ County Administrator. Mr. Ramsay presented the Board with a status report O~ tAe General F~nd Balance; Reserve for Future Capital Project~; School Board Agenda. Mr. Ramsay stated the Virginia Department of Transportation ha~ focally notified the Co~ty of the acceptance of the follow~ng roads into the State Secendsry System: ADDITIONS LEN~T~ ANTLER RIDGE. SECTION 3 (Effective 8-31-92% Rou=e 4707 (Re=ling Drive] - From Route 4713 ~o 0.09 mile So~th Route 4713 0.09 Mi Route 4508 (spotted coat Lane) - Prom Rou~e 4713 to 0.04 mile Southeast Route 471~ 0.04 ~i LUCY CO~ COURT ~Effective ~-3-92~ Route 4795 (Lucy csrr Court) - From Route 2099 ts 0.$6 mile Southeast Route 2099 0.~6 Mi ~RAgC~$ T~AC~, PMA$~ 3 fEffeotive Route 942 (Pine Orchard Drive} - From Route 655 to 0.13 mile North Rou~e 655 0.13 Mi 92-74~ 9/2~/92 On motion of ~r. Colbert, seconded by F~. Barber, th~ Board rece~ed at 5:00 p.m. to the Administration Building, Room Vote: Unanimous ~NVOCATION Daniel introduced Mr. MeCracken who gave the invocation. PLB~E CP ~LLEO~NCE TO THE FLA~ o~ T~E UNITED ~TATES OF AMERICA Hr. HcElfish led the ~ladge o~ Allegiance to the Flag of the United States of America. There were ne Resolu~ione and Special Recognitions scheduled at thim time. ~4. PUBLIC HEARINGS o TO CON~IDEE AN ORDINANCE TO AMEND TEE ~ODE OP ~ COUNTY OF CHESTERFIELD, 1~78, ~S AM~N~, BY AMENDING AND Mr. Stith stated this date and time had been advertised for a public hearing to coe~der an ordinance relating generally to conditional us~ pl~e~ ~ev~lopment use exceptions. He £urth~r ~tated the amendment would a/low, thr0~h Conditional Use not ~Deoifioally enumerated in the Zoning Ordinance. When asked, Mr. Jacobsen stated the amendment would allow aDplicati0n Sot Conditional Use Planned Development where there ia no other way for the Hoard to consider a propomed ume or project and would provide nn efficient means for the Board of ~upervisors to consider a creative, uniqu~ o~ u~usual development proposal not otherwise liated within the Zoning Ordinance. There was brief discussion relative to reaoning requeste seeking mixed u~e and whether the Beard would ~till approve or allow any Id_r. George Beadles expressed eupport for the Droposed amendment to allow unanticipated uses through the conditional use development process. There being nc one else to address this srdinance, the public hearing was closed. 92-741 ~/~3/92 !_ : I !._.._1 ...... [ ............... [ ........... On motion of Mr. Barber, seconded by Er. Colbert, the Board adopted the following ordinance: AN ORDINANCE TO AI~END THE ~D~ QF~_COUNTY OF CNESTERFIELD. 1978, AS A~E~DED BY A~ENDING AND REENACTING SECTION 21.1-10 RELATING GENERALLY TO CONDITIONAL U~ PLANNED DEVELOPMENT USE EXCEPTIONS BR IT ORD~TNB~ by the Board of Supervisors of Chesterfield county: (1) That the Code ef the Countv of Chesterfield, 1978, es See. 21.1-10. Conditional Use Planned D~Ve!O~eDt~. (b) Use Exceptions. In the ca~e cf planned developments, the Planning cemnission may recommend, and the Board of $~pervisors may authorize, the= ~here be in part of th~ area of s~eh development and for the d~rati~n of s~ek development, specific uses, net ~o exceed thirty (30) percent of the gross acreage of the total project, not permitted by the use regulatlens of the district in which such development is located; provided, that the Board of Supervi~or~ shall find: That the uses permitted by ~u~h exception are respect to the primary purpose of the d~velop~ent; and (2) That the uses permitted by such exception are not of detrimental influence on the surrounding neighborhood; and (3) That the ground area or gross £1oor area of such development which is devoted to the uses p~rmitted by such exse~tion i= reasonably needed to apprepria~ely finish the development. P~o~ided however, that the ~card of Supervisor~ may specific uses net permitted by the nee r~gulat~ons of the district in which such development is located for more than thirLy (30) percent of the gross acreage of the total project provided that, in addition to the findings noted above, the enumerated in thi~ chapter a~ permitte~ by right, with or without restrlction~, er by Conditional Uae er Special in any district. ~othlng contained in thi~ section shall be con,:rued to permit the approval of any use ~pe0ifi0ally prohibited. Vote: Unanimou= In Kidlothian Magisterial District! PAGE EMERSON ~U~HES~ JR. AND F~T~LEE~MERRy KU~E~ reque~ r~menlng from Light Ia~u~trlal (M-l) to General Business (C-5). The density of much amendment will be uontrolled by zoning =onditlons or Ordinance standard~. T~e Comprehensive Plan designates the property for light industrial use. This re~ueet li~s un a 1.0 sore paroel fronting approximately 130 feet en the west line of Seuthlake Boulevard, al~o fronting approxlmat~ly 35O feet on Southlake Court, and located in the northwest quadrant cf the intersection of these road~. Tax Map 17-10 (2) 8ou~hport, Lot 22 (Shsmt 8). Hr. Jacobsen presented a summary of Case 92SNDR0~ and ~tat~d the Planning Commission and staff recommended approval. Er. E~erson Hughes, representing the applicant, stated the on motion of ~-~, BarbeF, seconded by ~Lr. Colbert, the Board Vote: Unanimous In Clove~ Hill ~agisterial District, ¥. M. C. A. OF RICHMOND (SOUTH RICB]40~D-~HESTERFIELD BRAEOH) ~equested rezoning from G~nerul Businesm (B-3) and Residential (R-7] to ~on~roll~d by zaning c0nditi~n~ or 0r~inance standard~. The Com~ruhensive Plan dmsignata~ the property for public/semi- public u~. Thi~ request lles ~n 17.~ ac~es fronting u~proxima=mly 680 feet on ~he north line of Hull Street Road, Paroels 20 and 21 (Sheet Mr. Jacobsen presented a s~ary of Case 93SN010S and stated the Planning Co~isnion and staff recommended approval subjec~ to arc.prance of the proffered conditions. He noted the request conforms4 to the ~rner Road Corridom Lan~ Use Plan. ~r. Don Jones, representing th= a~pllcant, stated the reco~endation was acceptable. ~e~e was opposition M~. Daniel s~ated ~inc~ %here was opposition to the request, would be placed in its regular ~equence on th~ agenda. 87S106 (Amended) In ~atoaca Ka~istsrlal District, ERNEST L. BELVIN requested rezoning from A~ricultural (A) and Community Busin=ss (~-2] to Corporate office (O-2). The density of such amendment will be controlled by zoning condltlon~ or Ordinance standards. The Comprehensive Plan designates the property corridor. This request l~e~ on $6.~1 acres £=onting On the south lin~ Of Kidlothian Turnpike in three (3) places for a tubal of approxinately 1,O~O feet, also fronting approximately 255 feet on the east line of County Line Road, and located at the southeast quadran= of the intorsoo=ion of these rsad~. Tax Map 13 (1) Pa~oels 23, 67 and 10S and ~art of Parcels 24 and (Sheets ~ and ~x. Jacobean presented a sugary of Case 87S106 and stated the Planning cc~h~ission and mtaff recommended approval condition and acceptance of the p~offered condlt~ons. ~e noted the request conformed to the Upper Swift Creek Plan. Mr. Jim Hubbard~ represenfing th~ applicant, stated they had attempted to wo~ with staff to decide on the use for the property~ that they had submitted proffered conditions relative to road improvemsn=s and utilities; and that they had agreed to con~tru=t a re~rve dr=infield. M~. ~ary ~wift ~tated sh~ was an adjacent business owner and e~pressed concerns regarding he~ d~ai~field ~hich is located on the request proper~y in an existing easement. She further stated ~he was concerned a~ to the right-of-way as it r~lated to Framaway Road; ~hat she was concerned about her property being ta~e~ if the ~oad ~eeds to be lined up w~th existing ~raneway Road and she felt the applicant shoul~ give her the proper~y on the other aide if they needed to take a portion of her property 92-743 ~/~3/9~ to llne up the road; that ~he wa~ concerned a[] to ~uhe traffic issues; and requested the Board to take all factors into consideration when deciding t~a request. Mr. George Beadle~ expressed con,ems regarding prsffered condition 6,D. relative to construction of an additional pavement along eastbound lanes of Route 60; that he felt the he felt the Board should defer the request for thirty days to provide the applicant an opportunity to address the use of public utilities. indicated the applicant had sent her a letter regarding septic lines running in the field b~hind h~r hous~ and indicmted the lines did not belong to her. Mr. A. ~. Tucker stated he was an adjacent property owner, has resided in the area for the past twenty years and he supported Mr. ~ubbard stated he was requeeting the opportunity to install the septic tanks if the property met the necessary standards. property of the motorcycle shop and the acquisition of right-of-way related to road improvements aligning with Frameway Road; the i~pact the improvements could have on the motorcycle shop; the recommendation of the Planning Commission and the history surround~nq the request; the requirement~ which would need to be met relative te the drainflelds and septic system; and the square footage of the request. M~. Daniel stated he Was concerned as to th~ aisc of the building and the uso of drainfields in general and did not feel he Could support the request. Mr. Colbert stated he felt staff had adequately addressed the concerns expressed and, therefore, supported the request. Discussion, comments and que~tlons ensued relative to Frameway Ro~d ~nd the prep~r~y in which the motorcycle shop lles$ the applicant and the property c~ner agreeing to the right-of-way; wh~ther the Beard ~euld impose a condition re,siring the applicant to trade property with the owner of the motorcycle shop if part of that property wa~ needed far,cad improvemant~; the footers which would affect the location for the proposed roadway; wh~ther the proffered conditions would place any burden on the adjacent property owner or the applicant; and the e~tended period of time that the case has been in existence. Mr. MeHale stated he was concerned au ~u ~leapfreg~ d~¥alcpment, whether this request would set a precedent a~d the eencerne Mr. Colbert made a motion, seconded by~I~. Warren, for the Board to approve Case 878106 subject to the following condition: A fifty (50} foot buffer shall be maintained around the perimeter of th~ property exoep= where a~jacent ts commercially zoned propertiee and public rights of way. This buffer shall conform to the requirements of the Zonin~ Ordinance for buf£ers, section ~1.I-22S through 21,1-2ZS. (P) And, £ur~er, £er the ~ua=d tc accept the following proffere~ cendition~: 1. No nors than'25,000 square feet shall be developed on septic tank and drainfield. The d~velopur shall construct a reserve drainfield, which is acceptable to the Health Department~ at the time any septic system is constructed. 2. Ail structure~ shall be connected to the public water system. Prior to site plan approval, forty-five (45) feet of right of way on the east side of COUnty Line Road m~a~ured from the centerline of that part of County Line Road immediately adjacent to the p~uperty mhall be dedicated, free and unrestricted, to and for the benefit Of Chesterfield County. 4. A north/south public road shall be the major access to Rout~ 60. This north/south road shall align the crossover to Route 60~ a~ identified in proffered condition 4, is committed as determined by the Transportation Department. 6. To provide fo~ an adequate roadway system at the tlms of for the following: B. Construction of a~ditional pavement along the intersection to the easternmost property line to provide an additional through lane (i.e., third through lane) plu~ a s~parate right turn lane at each ~pprovsd access. C. Construction of additional pavement along the lane. D. Full cost of a traffic signal ~t the north/south road/Route 60 intersection, if warranted, as determined by the TranuDertatlcn Department. ~. Constr~ctiun cf the north/south read, as identified in proffered condition 4, from Route 60 to the southern property line. The exact location cf this north/south read shall be approved by th~ Transportation Department. eastern property line to the western property line. D~dlcatlon, fr~m add ~nrestrieted, bo and for the benefit of Chesterfield County~ any additional right of way (or easement) required by the improvements identified above. 7. Prior to mite plan approval~ a phasing plan for required road improvements identified in proffered condition 5, with Supporting traffic analysis, if requested by the Transportation Department, shall be submitted to and approved by the Transportation Department. $. The owner/developer shall notify al! adjacent property owners of the entire property which is the subject of this zoning of site plan submission, systems which are permitted under certain regulationm and he felt the Board should readdress thls pclloy in the near future. There was brief discussion relative to a work session t~ing ~cheduled to address the policy on septic systems. Fur. Daniel stated the Board could consider deferrml cf the request in order to provide an Opportunity for the Board to readdress the County's policy on septic use for the property and ~hould be approved a~ ~eco~ended. ~. Daniel called for the vote on the mo=ion made by Colbert, secondsd by Mr. Warren, for the Board to approve Case 87S10~ subject to the following condition: A fifty (50) foot buffez shall be maintained a~ound perimeter cZ the ~roper~y excspt where adjacent ~o oo~eroially zoned propsrties and public ~iq~t~ Of way. This buffe~ shall confo~to the requirements of the Zoning Ordinance for buffers, Section 21.1-226 through 21.1-228. ~d, further, for the Board %o accept the following proffered condition~: 1. No ~ore than 25,000 square f~t shall be d~veloped on septic tank and drainfield. ~e developer ~hall construct a reserve drainfield~ which i~ acceptable to the Department, at the time any septic $yst~ is oonst~cted. Ail ~tru~tures shall be connected to the public wate~ of way on the east side of County Line Road measure4 from the oenterline of =hat part of county Line Read i~e~iately adjacent to the property shall be ded~ca~e~, ~ee and unrestricted, to end fo~ the benefit of Chast=rfiuld County. 4. A north/~outh public read shall be t~e major access to Route 60. This north/sou~ rood shall aliqn ~e cros~ov%r that =erve~ Frameway Road, unless o~herwls= T~an~o~tatiOn Department. Additional access to Route ~. No more than 2~,000 square f~t of qeneral cff~c~ e~ivalent density, as approved by the Tran=portatlon tO RO~t~ 50, a~ identified in proffered condition 4, committe~ as det~ned by ~ Transportation Department. 6. TO provide for an a~e~uate roadway system at ~he time of co~pl~t~ development, the duvolopor ~hall b~ for the following: A. Construction of an additional lane of pavement along County Lin~ Road for the entire property frontage, B. Construotlon of additional pavement along the eastbound of Route ~0 from the County Line Road intersection to the easternmost property line to provide an additional through lane (i.e., =bird through lane) plus a separate right turn lane at each approved access. C, Construction of additional pavement along we~tbeund lanes of Route 60 at the north/south road/Route ~0 intersection to provide a left turn lane. D. Pull cost of a traffic signal at the north/south road/Route 60 intcrsection~ if warranted, as determined by th~ Transportation Department. E. Construction of the north/south road, as identified in pro£fered condition 4~ from Reutc 60 to the southern property linc, The exact location of this north/south road shall be approved by the Department. P. Construction cf an ~ast/we~t public road from eamtern property line to the western property line. The exact location of this east/west roa~ shall be approved by the TransportatiOn Department. G. Dedication, f~ee and unrestricted, to and for the benefit of Chesterfield County, any additional right of way (o~ casement) required by the improvement~ identified above. ?. Prior to ~it~ plan approval, a phasing plan for requ{red road inprovement~ identified in proffered OoDditien 6, with supporting traffic analysis, if requested by the Tran~portatic~ Dep~rtment, shall be submitted to and approved by the Transportation Department. 8. The owner/deYelop=r shall notify all adjacent property owners of the entXue propeMty which is the subject of thi~ zening of site plan submission. The Board being polled the vote was as follows: ~4r, Colbert: Yes. ~4r. Warren: Mr. McHale: Mr. Barber: No. M~. Daniel: NO. M~. Micas advised since the motion for approval failed~ the Board needed an alternative motion to deny the There wa~ brief discussion relative to the work session scheduled to address the septic syste~ policy. Mr. Daniel stated the Board could defer the request to provide the Board an opportunity to review th~ poli~y On Septic systems. On motion of ~r. Warren, seconded by Mr. KcHale, the Board deferred Case ST$1O6 until February 24, 1993. Vote: Ununlmou~ 9~SN016? (Amended) In Midlothian ~agi~terial District, WILLIAMS. A~D ~ENE H. requested rezonin~ from Agricultural (A) to Residential Townhouse (R-TH) with Conditional Use Planned Development plus amendment to a previously granted Conditional Uae Planned 9~-7~7 Development (Case 87S076) on an adjacent Residential Tcwnhouse (R-TH) parcel. A mixed use development with residential, office and csmmerolal uses is planned. The density of such a~endment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates the property for planned transition area. This request lisa on ~.~o acres fronting approximately 722 feet on the east line of Coalfield Road~ acro~s from North and South carriage Lanes. Tax ~ap 15-15 Parcels 3; l0t 11~ 12 and 17 (Sheet ?). Mr. Pools presented a salutary of Case 925N0167 end stated tl%e Planning Commission recommended apmroval subject to conditions and acceptance of the proffered conditions. He further stated alt_hough the land use request ¢on~ermed to the ~idlut~ian Area community Land Use and Transportation ~lan, staff recommended denial due to lack of proffers to mitigate the flecal impact of the residential rezunlng cn 1.2 acres of this reque=t. Mr. Andrew Scherzer, representing the applicant, ntated th~ p~opesal was for a mixed use development to include travel agency office, day care and attach~ and detached r~sidential uses were planned; that the density had been reduced on the site; and requested the Boar4 to gi~e £avorabl~ consideration to the request. Mr. George Beadles stated ha felt the applicant should be required to submit cash proffers par each dwelling unit and the County should receive as much as possible when accepting proffered conditions in general. On motion of Mr. Barber, seconded by ~r. ~c~qale, the ~oard approved Case 9~SW0167 subject to the following conditions: 1. Unless an atternat~ mean~ cf ingress/~gress is provided, any road(s) that oross(e~) the major drainage channel for the Village of Midlcthlan shall provide for access based on a 100-year storm. 2. In conjunction with any site or tentative subdivision plan, m g~otechnical r~port addressing the locatio~ of any mina shafts a reclamation procedure and recommendatlone as to ~tbaeks for struotures from any mine shaft shall be ~ubmftted to Environmental Engineering. Upon review of the geoteohnical rsport, Environmental Engineering shall establish a reclamation procedure and the zetback~ between tbs psrimstsr cf any reclaimed shaft and any s~ructurea in order to protect the safety of persons and the integrity of such structures. Tho reclamation shall be accomplished and certified as to compliance with the estahliuh=d proceduru prior to the release of any building De,mi% or recordation of any subdivisio~ within any urea which bus bccn ideDtified as having a mine shaft. Any reclaimed shall be located on all site plans amd subdivision plats. 3. Ceeditlon !9 of the revised Textual $tatemen~ shall be ~odlfied to delete the reference to "Artlcle lOn and insert a reference to "Article 3, Division 11." 4. If the property is developed for a mix of detached and attached dwelling units, all dwelling units shall hav~ compatible architectural designs. Exsept a~ stated herein, the Textual Statement and Master Plan, prepared by Balzer and Associatec, dated June ~9, 19~, shall be uonsidered the Master Plan. And, further, ~ondi~ions: the Boar~ accepted ~he following proffered 1. Prior to site pla'n approval or in conjunction with recordation of a subdivision plat, whichever occurs firs~ forty-five (45) feet of right of way on the east aide of Coalfield Road measured from the c~ntertine of that part of Coalfield Road i~tmediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chestsrf~eld County, (NOTE: This proffered condition supersedes Condition 4 Of Access to Coalfield Road shall be limited to two (~) sntrance/exits as generally shown on the ~=hem=tlo site plan prepared by Balzer and Associate~, Inc., titled "Sycamore Village" dated ~une 73, 1992. The souther~ access shall be a public road and ~hall align with South Carriage Lane. The northern access shall alig~ ~orth Carriage Lane and shall be ds~i~nsd and constructed to be shared with the adjacent property =Q the north. ~rior to site plan approval~ an access easement acceptable to the Transportation Department shall be recorded. (NOTE: This proffered ¢on~itien supersedes Condition 6 o~ Case 87S076.) 3. To provide for an adequate roadway syste~ at the time cf complete development of the proposed project, the Developer mhall be reoponsible for the following: Construction of additional pavement along Coal£ield Ro~d to provide left and right turn lanes at each approved access. b} Relocation of the ditch along th~ east ~i~e of Coalfle~d Road to provide an adequate ~hon]der for the entire property frontage. Dedieatio~ to the County of Chesterfield, free and unremtr~ctsd~ any additional right of way (or easements) required for the improvements identified (NOTE: This proffered condition supersedes Condition 5 of Ca~e 4. ~rior to ~ite plan er ~entative subdivision approval, whichever occur~ first, a pha~in~ plan for the require road improvoment~ identified in proffers~ condition 3 shall be ~ubmitted to and approved b~he Transportation Department. 5. Prior to obtainin~ a building permit for non-re~identlal UseS, One ~f the followin~ ~hall De a~complished for fire p~otectien: (a) The Owner, De, eloper or assignee(s) shall pay to the County $150.00 per 1,000 square feet of gro~ floor area adjusted upward or downward by the ~me ~ercentage that the Marshall swift Building Co~t Index · ncreases or decreased between June 30, 19~i and the da=e of paymen=. Wi:h the approval of the County's Fire Chief, the Owner, Developer, or assignee(s) shall racsive a credit toward the required payment for the cost of any flr~ ~uppre~nlon ~y~t~m not otherwise required by law which is included as a part of the d~v~lopment. 92-749 9/23/92 (h) The Owner, Developer or assignee(s) shall provide a fire ~uppre~ion ~y~tom not otherwise required by law which the County's Fire Chief determlne~ aubstentlally reduces the need for County facilities otherwise necessary for fire protection. In Midlst~ian ~agisterial District, ~TRANGE'~ ~ORIS~ requested rezonlng from Light Indumtrial (M-l) to Community ~uainess (C-3) wit--h Conditional Use ~e permit outsi~e storage on ~OF2~ISSiOR requests rezonlng from Gen~rs/ Business (~-3) General Business (C-5) on 7.24 acres. The density of such amendment will be controlled by sorting conditions or Ordinance ~tandards. The Conprehen~iv~ 91an dQsiqnates th~ property for general commercial and light industrial uses. These re~Uests lie on a total of ~.S~ aore~ fronting approximately 627 feet on the north line of ~idlothian Turnpike aorsae from Tuxford Road, also lying at the southern t~rminus of Doaaohy Drive. Ta~ Map 1~-13 (1) Part,ia 17~ 25~ 27 and Part of Parcel 5 (Sheet Mr. Peele pre~nted a summary of Cases 9~$NQ176 and 938N0109 and stated the Planning Conm%ission reco~-~snded d~nial ~f rezoning from B-3 to C-5 for a distance of 150 feet from the western property line and approval of rezoning an~ ¢onditional use for ~e remaining po~tion of the p~ope~ty subjeot to a condition and acceptance of the proffered conditions and staff reco~ended approval subj=ct to~e transportation conc~ns being Mr. James Theobald, r~pre~ntinq the applicant, pre~ented an overview u~ the pro~sed r~e~ and sta~ed they had conditions to address the concerns expressed and had worked with ~ re=ident~ of Brighton Sre~n and Shenandoah Civic Associations; that the re~es% was consistent with the plan; that the proffered conditions were designed to assure requ~nt wa~ not d~trimenta~ to the health, ~af~tyan~ welfar~ ~e residents; that the request will provide additional 3cbs for the citizens and was an appropriate u~e for the ~ite; and requested the Board to give favorable consideration to request. Mr. Justin Thomas, Oevelopment Dire=tut for the Brigh~on Green ~ re.est was compatible with the existing neighborhoods; input into She process; and expresse~ aDpreoiation to ~taf! and ~e applicant for their efforts in developing ~e project. Ms, Jane Chandler, representing ~e Shenando~ Civic impact the neighborhoods and ~pecifically supported proffered coalition addressing %h~ restriction of ~hrough ~ignalizatlon traffic movements sout~ound on to Tuxford Road; ~d expressed apprmciatlon to ~he aDplicant for a~res~ing the oo~cer~s expressed by%he citizens. Mr. Barber exprezs~d appreciation tO~e appli=ant and residents in the area for working together on th~ DroDo~ on motion of Mr. Barber, seconded by ~r. Warren, th~ Board d~nied rezoning from B-9 to C-~ for a di~tan~ of ~0 feet ~ western property llne and approved rezonlng and conditional use, Cases 92SN~176 and 9~SN0t09, for the r~mainlng portion of CONDITION APPLICABLE TO THE C~3. CONDITIONAL USE. PORTIO~ OF THE Within the C-3 tract,.out~ide ~torage as accessory to florist chops, greenhouses, garden centers and plant nurseries shall be pemltted in excess of ten (1~) percent of the gross floor area of ~he prlnciDal use; provided, however~ that outside ~turage areas devoted to non-plant materials shall not exceed an area in excess of twenty-five (25) percent of the area of any out~ide $~orage areas devoted to plant materials. 0utsid~ storage areas far non-plant materials sh~ll be screened from view of any adjacent residential zoning. The methe~ o~ screening shall.bo approved by the Planning Department at th~ ti~e of site plan review. (P) (NOTE: Within the C-3 tract, outside storage for any usa except a florist shop, greenhouse, g&~den center and plant nursery must conform to section 21.1-160 (o) of the Zoning ordinance plus P~offe~ed Conditions 2 (t} and 4. Outside ~torcge areas for A~d, Set,her, the Board accepted th~ following proffered condltion~: Pursuant to Section 15.1-491.~:/ of the Code of Virginia (19SO aa a~ended} end th~ 50ning ordinance of Che~tar£ield County, the property owner and applicant for themselves and =heir $~oes$0rs or ascigns~ proffer that the development of the property under consideration will be developed according to ~he following proffers if, and only if, the requests made in the Land Use Amendment Applications are grantod aa to ~cth the C-5 and C-3 portions of the property with only tho~e conditions as have been agreed to by the applicant. PROFFERED CONDITION A~LICABLE TO RHE..C-5 PORTION OF THE PRORE~y 1. The followinq uses shall hot be permitted: Those ~ses first appearing in the I~l District. b. Residential multi-family and townhsuses. Hotels or hospitals in excess of three (3) gtorie~. Made, iai reclamation receiving cent6r~. ~ROFFER~D C~DITIONS APP~ICABL~ TO T~ 2. Pernitted ~sec. The following shall be the only use~ permitted on the Property: (a) flerint shops, greenhouses, gmrdan centers and nurseries~ (b) rest, nursing and ~onva2escent ho~s, (c) offices (business, governmental, medical and professional), (d) medical facilities or clinics, excluding those · primarily devoted to drug or alcohol treatment or 'abortions, and provided tha~ neither the business nor th~ building is designed to accommodate ambulance (e) pharmacies, (f) libraries, 92-751 9/23/92 (g) office/warehouses as regulated by Eeotian ~1.1-160 (d) of the Zoning Ordinance, (h) schools (commercial, trade, art, vocational and training, music, danes and bu~iness)~ provided ~ha~ all activity other than £or passive recreation indoors, without an outside public address system or with er (1) veterinary clinics and/er veterinary hospitals without (m} contractor~' office~ and display room~, (n) satellite di~hes~ provided that th~ dishes are accesssry to a permitted use and do no~ exceed twelve (l~) feet in diameter nor a height of forty-fi~e (~) feet inclu=ive cf buildin~ height, (o} underground utility u~ss, sxce~% as provided in Section 21.1-~3~ (g), when such use~ are located in easements, or i~ publi~ roads rights of way, (p) nursery schools, child or adult day-Care centers and kindergartens, (r) hotels, excluding nightclubs, provided that all Green Subdivision, all parking areas are located at least 200 feet from Brighton Green Subdivision, and t~at t~e primary access for registration fo= any ~0tel be located on the southern face of th~ ~uilding away from Brighton Green Subdivision, restaurants, not including carry-cut or fast-food restaurants, provided that all buildings are located at lea~t ~00 feet from Brighton Green Subdivi~i0n and all parkln~ areas are laoatnd at leant 200 feet from ~righton Green Subdivision, (t) outside storage am accemsory to tho uses permitted above subject to section 21.1-Is0 (e} and as may be approved an a Conditional Use for a~y florist shop, (n) oth~r ascessory uses, not otherwise prohibited customarily accessory and incidental to ~ny permitted Bnffer. The owner/developer shall not seek to reduoe the width of the seventy-five (75) foot required minimum buffer throu~h schematic or sit~ pla~ review. Out~nor storage setback. In addition to the requirement~ ~pecifled h~rein, outdoor storage for plan~ ma~orial~ ~hall not be permitted within 100 feet of Brighton Green Subdivision and any resid~ntially-~one~ property Co the prepared by3. ~. TimmoDn a~d A~oclat~, ~. C., nor within 200 feet of the ~hove properties for non-plant materials. Parking and building setback. Except ss further restricted by these proffered conditioni~ all buildings and parking erea~ shall be set back a minimum e~ 150 feet from Brighton Green Subdivision and any r~id~ntia!~y-zoned property ts the east. Access. There shall be no vehicular or pedestrian access to the Property via existing ~onachy 7. Height. No structure shall exceed a height of three (3) stories or forty-five (45) feet, whichever is 8. Hours of Operation. No business shall per, it any loading, unloading or outdoor retail activity before 7:00 a.m. nor after 10=00 p.m. 9. Solid Waste storaqe Areas: D~mputers, g=rbag~ cans a~d trash compactors, if use~ for the disposal of food, shall not be located within three hundred (300) feet of r~sidentially-zoned property. Fencing: If the Property is used for other than a florist shop, greenhouse, qarden center and/or nursery, Owner/~eveluper shall construct a fence along the Property lin~ adjacent to Brighton Green ~ubdivi~ion, the exact design and lscation of which to be approved by tke Planning Department at the time of cite plan review; however, Planning Co~mission may modify or delete the f~nce requirement consistent with the alternate compatibility with Brighton Green Subdivision. 11. NO Loud Speakers. Outside loud speaker~ shall be prohibited. The use of intsroem-~ype sys~sm~ commonly a~sociated with bank and savings and loan drive-throngb facilities shall be permitted. 12. Shared Parking. The C-3 9ortlon of the Property shell not be used to meet Zoning Ordinanc~ parking requirements for uses conducted on Parcel 15-13-(1)-2 adjacent to the west unl=ss in conjunction with tbs operation thereon of a florist shop, gr~=nhou~e~ garden center and/or nursery. PROFFERED CONDITIONS APPLICABLE TO BOTH C-B A~D C-3 ~QRTIONS OF THE PROPERTY 13. Wotification of Site Plan. The last known presi~en%s of all property owners adjacent to the entire Property which is the subject of these proffers shall be notified in writing by th~ own~r/~eveloper prior to site plan, architectural plan and landscape plan submission to the Chesterfield County Plenning Department, 14. Installation of Buffers and Retention Facilities. buffers and retention facilities shall be installed prior to or contemporaneously with the initial phase of portions of the Property. 1§. Traffic Volume. The maximu~ density of this Property shall hour trips based on the trip generation rates as set fer~_h in the Institute of 'Transportation Engineers Trip ~eneration ~anusl, ~=h Edition, which density is, byway of effice, 5,000 s~uara feet of high turnover (sit down) 92-753 9/23/92 16. Access. Provided that a signalized median break continues to exist at the inter~ection of Route 60 and Tu~£ord Road, access to Route 60 ~hall be limited to one (1) entrance/exit wkich shall align Tuxford Road. 17. ~oadway Improvements. TO provide for an adequate roadway system at the time of complete development of the Property~ the developer shall be responsible for the following: {a) Construction of additional pavement and curb and gutter along the westbound lanes of Route 60 to (b) Construction of additional pavement along the eaetbo~h~ 15~ee of Route 60 to provide an a~ate left-t~rn lane a~ the approved m~tm accems. {c) Con~truetXon of a four-lane typical ~ection (i.e., two (2) northbound lanes and two (2) southbound lanes) for the site road at its intersection with Route 60. Subject to approval by the Virginia D~pa~'tment cf Transportation or modification by the Planning commission, the signalization at the site road/To×ford Road/Route ~0 intersection applicable to traffic exitin~ the Property shall not permit a through movement southbound unto Tuxford Road, but shall pexmit sight and left turn~ only onto Route 60. (d] Full cost of traffic signal modifications ut th= sit= road/To,ford Road/Route 60 intersection. (e) Dedication to the County of Chesterfield, free amd unrestr~ctaa, any additional right of way (or easement=) on the Property re~u~red for the improvements identified above. 18. Analysi~ of Dam. Any pond~ ~hall be built ~uch that the existing homes downstream will not be jeopardized by dam failure, If re~uire~ by Environmental Engineering, a dam failure analysis verifying the limits of dam failure shall be performed and submitted to Environmental Engineering. 19. Drainage to the ~ast. Drainage from the Property to T, he ~a~t ~hall b~ designed to r~l~a~ ~o ~o~e tha~ the existing two (2) year storm rate and retain water for at least the ~en (10) yea~ pest development rate. 20. Draihage tOWards Donachy Drive. Drainage from the Property towards Donaehy Drive shall De designed ~o release no mona fha~ the existing two (2} y~ar storm rata and retain water for at leas= t~e one-hundred (100} year Post Development :o the Property to or from Pine=aa Drive. Vote: Unanimous 93~N0105 In Clove~ Hill Magiste=ial District, Y. M. C. A. OF METROPOLTT~N ~H~D (SOUTH KI~2~O~D--CH~T~FI~LD ~R~2N~] requested rescuing from G~n~ral Business (B-3) and Re~idontial (R-T) to C~noral B~in~ (C-~). The density of such amendment will be controlled by zoning conditions or Ordinance staDdard$. ~e Comprehensive Plan designates th~ pro,arty for publ~c/s~ml- approximately 680 feet on the north line of Roll street Road, approximately 65~ feet west of M~Kes~sn D~ive. Tax Map 40-1 (1) Parcels ~0 and 21 ~r. Daniel stated the request had been summarized earlier and since there had been opposition present, he had placed the reguest in its regular sequence on the agenda. Hr. Ralph Lindsey stated he was an adjacent property owner and was representing ~everal of hi~ naXghbor$; that they were concerned as to the t~affic in the area; tha~ they supported the mission of the YMCA but f~lt thsy needed to address the request Iurthe~. W~e~ asked, he stated he resided in the ar~a of Ive~ Lane and he felt if th~ request was approved, the YMCA should in,tall e fence for privacy reasons. being double advertised and stated he felt it should be deferred in order to provide an opportunity for th~ r~sident~ in the area %0 meet with the YMCA. Fir. Dennis walker stated he Was an adjacent property owner; that location and =~s type of buildings planned and he felt the F~r. Don Jones, representing the appticant~ stated t~ay ~ad Sent netid~ to the adjacent property owner$ and ha4 held a meo~i~g to receive citizen input; that the YMCA ~as planning to install picnic ~helter= and had to apply for the proper ~szuning; that wooded area located behind the Y~; ~ha~ the request had been de~ble advertised in order te expedite the request; that requirements regarding day care; and that the YMCA would like to eventually add an additional pool and gT~nasium and at the appropriate time would do 2o near the existing building. There wa~ brief discussion relative to the YMCA's request for outdoor picnic shelters and ~he rezoning ~roce~ and the e×press~d by the neighbors in the area. 1. Uses ~ermitted on that portion of the property located 40~ feet north of the Rout~ 360 right of way shall be restricted ~o t/~e following: B. Office: business, governmental, mediual and C. Post offices. group care facilities. F. Rospitals subject te Section 21.1-153 (f) of the Zoning Ordinance. Vote: G. Material reclamation receiving centsrm to Section 21.1-160 (b) of the Zoning Ordinance. H. Recreational emtablimh~e~t~, commercial - indoor within 400 feet of the ~oute ~0 right of way include all uses permitted by right or permitted with restrictions in the ¢-~ District.) Prior to obtaining a Duilding permit, one OS t~e ~ullew~ng shall be accomplished for flr~ protection: A. The owner, developer or am~ignee(~) ~hall pay to %he County $150 per 1,000 =guare feet of gross floor area adjusted upward or downward by the mama percentage that the Marshall swift Building C~st Index increased or decreased between June 3Q, 1991, and t~e date of payment, with the approval of th~ County's Fire Chief, the owner, developer or assignee(s) sh~ll receive ~ credit ~toward the required payment for the cost of any fire ~uppre~ien ~y~tem net 0therwi~e required by law which is included as a part of the B. The owner~ developsr or assignee(s] shall provide a fire suppression system not otherwise required by lan which the County'~ Fire Chief determines substantially reduces the need for County facilitie~ otherwise necessary for fire development which ~uuld generate e significant increase in traffic above th~ traffic g~nerat~d by an indoor~out~oor ~esreational facility (i.e., YMCA or e ~imilar facility) as determined by the Transportation Department, the existing accens shall be r~looated to align the existing crossover on Route 360~ end additional pavement ~ell be alsng the westbound lanes of Route )60 at the approve~ acces~ to provide a right turn lane. Unanlmou~ On mctlon cf Mr. Barber, seconded by ~, Warre~, the ~oard ~djearned at 9:00 p.m. until September 24, 1992 at 7:15 a.m. to Kings Korner Reetauran~ for a breakfast mee~in~ with citizen~ for Respon~ibl~ Government. Lane B. County M~rry G~/Danie 1 chairman 9/23/92