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02-23-94 Minutes OF SUPERVISORS MINUTES Fubruar~ 25m 1994 Su~ervxsors in Attendance: Mr. k~naley K. Colbert, Chairman Mr. J. L. McNale, III, Vice Chrm. Mr. ~dward ~, Barber Mr. Marry G. Daniel Mr. Arthur $. Warren Mr. Lane B. Ramsay County Administrator staff in A~un4ancem Ms. Sarbara ~enn~=t, bit., Office on Youth Fu~. Craig ~ryan~, Dir., Utilities Ms. Terri Burgess, Interi~ Dir., News & Public Infermation Services Mr. N. E. Carmichael, Cemmi~ionur of Revenue Ms. ~arilyn Cole, Exec. Aeet. ts County Ad. in. ~r. Richard Cordl~, Mrs. Dori~ R. DeSert, Assr. Ce. Admin., Legit. gvc~. and Intergovern. Affaire Mr. Willia~ D. Dupler, Building Official Chief Robert L. Eanae, Jr., Fire Department Mr. Bradfor~ S. Mummer, Deputy Co. Admin., Management Services Mr. Run,ell Marri~, County Ombudsman Mr. WilIiam M. Howell, Dir., General Service~ Dir.~ Planning Mr. Leu Lasslter, Dir., Internal Audit Ms. Mary Leu Lyle, Dir.~ Accounting Mr. Robert L. Ma~den, Deputy Co. Admin., Mr. R. John McCracken, Dir., Tranmporta~iun Mr. Richard M. McEl£ish, Dir., Env. Engineering Mr. Gary R. ScL&ran, Dir., Economic Development Mr. Stev~n L. Mica~, County Attorney Police Department Ms- Theresa M, Pitt~, Clerk to the Board Mr. James J. L. stegmaier, Dir., B~dget & Management Deputy Cc. Admin., Dr. Robert Wage~knech~, Dir.~ Librariee Mr. Prederick Willis, Jr., 94-120 zr. Colbert called the regularly scheduled meeting to order at 3:00 p.m. On motion of Mr. Mc~ale, seconded by Mr. Warren, the Board approved tbs ~inutes of February 9, 1994; aB ~u~mitted~ Vote: Unanimous former Dale District Supervisor. Ee than introduced Mr. Apperson. entitled, A History of Chesterfield CountM and A History ~f the Library. Appermon for donating the book~ to the Meadowdale Branch Library. ~r. Ramsay th~n £ntroduQed ~r. Charles E. Towhee, President, Basin Industrial Development Corporation (A~IDCO). Mr. Tewnes briefly r~view~ ABIDTO~s status report, mpaeifically the pomitivm rasult~ of Chesterfield County'm investment in the re,Jan's economic development including member and private business contributionm gra~t~; ADIDCO successfully competing with other re~ioms throughput the State; introduced Fr. Denny Morris. that ABIDe0 remain at the current level of funding from all participating ~uriadictions; marketing and advertising strategies including m~lmmt~ng target industries such as distribution, food prmductm~ pharmaceutical, and fabricated York, New Jersey, an~ ~assach~setts); emphasizing direct mail; targeting indus%fy specific publications; and particiDatln~ directly in selected trade shows. He then presented a brief slide presentatian on advertisements uae~ for displaying area in 1990, approximately 44 percent of those ~mployad resided in chesterfield County and approximately 56 percent resided in Chesterfield County, but commuted to ether jurisdictions far work. He expressed appreoiat~n to the Board for the opportunity to present ~n update on ABIDCO's markmtlng and adv~rtlming ~trat~giem. There was brief discussion relativ~ to kBIDCO~ participation Utility; Cycle System~, Incorporated; Reuse Technology; Restaurant in Chesterfield County. When asked, Mr. Morris stated he feels ABIDCO's present structure is moving them forward in the right direction. Mr. colbert expresse~ appreciation to Mr. Tewnes and Mr. Morris for the update on ABIDCO. Mr. Ramsey then introduced Mr. Stel Parthemos, Senior Assistant County Attorney, to present an update on the results of the assistance program engineering studies for ~hrink/mwsll soil. Mr. ~arthemos stated last year the Board of $~pervisers adopted the citizens Assistance Program to assist homeowners who have experienced foundation ~m~g~ to their homes as a result of shr~nk/swell soil, He ~ur~her stated the Pro,ram consisted of hiring a full-tim~Ombudsman to assist homeowners in cer~ecting shrink/swell related damages; performing engineering studies by five private ~ngineering flrm~ for homeowners who had cracks in thc foundations of their hsmes~ and providing legal services to homeowners who had homes with shrink/swell damage. Ke ~tated at this time, the engineering portlsn of the Program is over 99 percent complete. M~. Barber s~oused himself from the meeting. Mr. Parthemes reviswed results cf the Citizens Assistance Progra~ engineering studies stating that 1,254 homeowners ~pptied for the Program and that all aRplicants received englneeri~g studi~n ~xcept those who hsd no cracks in She foundation of their home and those who submitted their engineering reports s~owing shrink/swell damage. ~e ~urther stated engineering studies were performed on 1,044 homes. Mr. Berber returned ts the meeting. Mr. Parthsmes then reviewed results of the engineering including tho numb~= e~ hum~ having either minor fonndation cracks for which repai~ wa~ not indicated or had no cracks, £oun~atien damage for which repair is optional, and those homes in n~ed of r~pair. When asked as to the criteria u~ed in determining the types of categories, he stated definitions and guidelines were established for engineers to follow in determining the categories in whluh to c~a~si£y the heme~. There was brief discussion relative to categorically classifying the homes~ specifically as it rslates to the amount of damage. Kr. Parthemos then reviewed the hemes for which repalr is optional or needed geographically as follows: Bermuda percsnt; Clover ~ilt - 50 percent; Dale - 2 percent; Matoaca percent; and Midlothian ~0 percent. He%/ucn reviewed the total number o£ homes in eauh District in the "repair needed" and "repair optional" categories and stated staff estimates between I/3 and 1/2 of the a£~eoted homes have active homeowner warruntle$. ~e then reviewed repair estimat=s for shrink/swell sell a££eo~ed hcme~ inoluding homes tha~ fall into ~e "repair needed" category estimated to cost $85~,000 - $1.~ million to repair; homes that fall into the "repair optional" estimated to cost $6.9 - $9.5 million to repair; and homes that had homeowner-rsta~ns~ enqinssrs to certify damage es%ime~ed to cost $1 - $1.5 million to repair. There was brief discussion relative to the number of homeowners with a HOW warren=y; the homeowner-retained engineers cost being in additio~ to the "repair needed" and "repair optional" categories; and homeowners who applied to the Program having ~t~3/94 04-122 had claims hensrsdbyheme warranty co~psnles since the Program was initiated. Mr. Parthe~os then reviewed current assistance available to homeowners including the citizens Assistance Program; assistance from the Ombudsman; and banking initiatives such as low interest ho~e improvement loans and refinuncing paskagss for home repairs. Discussion, common=s, and questions ensue~ relative to the County ref~rin~ homeowners to the banks to apply for a low interest hame improvement loan or refinancing package and the process in which the banking initiatives apply to the Mr. Parthemos stated options for dealing with shrink/swell soil h~v~ been developed by st~ff as e framework for further discussion and that these options do not represent all options which could be considered by the Deard. He then reviewed the staff developed options and their associated costs in addressing the shrink/swell sol1 issue including Option T could complete thc existing assistance program; Option IIA which wound d~v~lop an~ expand additlenal services within the wo~ld i~clude edditio~al e~gineering uusiutance for repairing tax '~trust" account pr~grmm for shrink/swell soil repair. When asked, h~ stated he is ne~ aware of similar type~ o~ programs being considered in other jurisdictions. Mr. Daniel e~prassed appreciation to staff for their efforts in a~res~ing the shrink/swell soil i~ue. He stated he feels the Board has accomplished the ta~k of d~flnlng the source and ~ausss of s~rin~/swelt sell problems and has worked in establishing strict criteria for future prevention. Ke f~rther stated he has been consistent in believing it is not the responsibility of the taxpayer to fund repairs for shrink/swell addressing this issue such as the ba~ing initiatives. He stated he supports continuing the course with Option I and Option IIA. H~ fur~r ~tat~d h~ ~e~l~ the use of building IV a~ it relate~ to e~tabli~hing a "trust" account to pay for homeowner repairs and does not feel it is th~ rule government t~ do Nr. Barber stated he fe~lm ~terfield is viewed as a leader ~n the region and ~over~ent should he avai~abl~ for thos~ who need assistance. He further ~tated he f~l~ it i~ the ra~pon~bil~ty of the Connty to assist those affected re~olution of the ~hrink/~wall soil i~u~. Mr. Warren expressed appr~clatlon to staff for their effort= in addressing the ~hrlnk/~well ~oil ~ue but expressed concerns ~ua. He stated he f~l~ citizen~ who are a part of this Program should be informed of ~he options outlined by staff and the Beard should receive public input on the options. He indicated he feels each ~uard member should schedule constituents meeting~ and/or con~ider ~cheduling a public hearing on this issue prier to the Board making a decision. public hearing on this issue; Board members r~c~iving public input through district oons=ituen= meetings on this issue~ and this issue b~ing m policy issue. 94-123 Mr. Colbert ~tated he feel~ the Board has used good judgement in addrnsslng the shrink/swell soil issue although it has taken a considerable amount of time and noted the report is for info~ational purposes only. ~r. Warren n~te~ he will be holding a constituents meeting on this issue as soon as possibl~ to receive citizen input, There was ~ric£ discussion relative to individual Boa~d m~mbers scheduling constituent meeting~ on this issue. Nr. Warren stated he feel~ the Board he~ been objective in addressing this issue; hmwever, he is csneerne~ about the amount of time it has taken to ~esolve this issue- He further stated he feels if the Board does no~ schedule a puDlic hearing, citigens will r~quest to speak under the Bearings of Citizens on Unscheduled Matters or Claims category regarding the shrink/sw~ll soil issue. (It is noted a copy of the report is filed with the papers Of this Board.) Mr. Ra~sey then recognized Mr. Jeff Clemen~, a Chesterfiel~ County repo~r from th~ Petersburg Proqre~sr~d~x who recently won first place in the "conbinatio~ Pictures and category at the Virginia ~ress Association~m annual awards ceremony. He noted the winning piece focused on the impact of the Greenville co~ectional Center on the ~urrounding community. 3, BOARD CO~ITTEE REPORTZ ~r. M~ale seated he attended the Virginia ~ouse and SeDate Committees on Cities, TOWNS, and Counties for the House mf Delegates and Local Government for the ~euss of Senate ~e ~iscuss ~ouse Dill 1008 introduced by D~legatu Jo~n Watkins to create a metropolitan government and expressed appreciation =o Senator Steve Martin and Senator ~arry Marsh for their efforts in opposing that legislation. He further stated he a~ended the Rich_mend Forum with ~re~i~nt C~orge Bush on February 19, 1993 and acknowledged Mr, Warren as the moderator for the second half of the program. ~. Bar~sr stated his "Fire% ~on~ay" ccnstituen== meeting will be held Mare~ ?, 1994 with the topic of disous~ion ~eing ~he shrink/swell soil issue and noted his meeting in April would focus On House Hill 1088 regarding the metropolitan government. Mr. Daniel stated the Virginia Association of Counties Board of Dimestors agreed to authorize staff to speak to House Bill 1058 introduced by Delegate Watkins regarding a ~etropolitsn government. Mr. Warren stated he held a constituents meeting on February 7, 1994 with the topic of discussion being the County's budget; that he and Mr. ~arb~r were ~u~$t speakers at ~eams Road Elementary school PTA and noted the county is in 106th plaoe eu~ o~ 154 in receiving State funding for local school programs and expressed the need for PTA'S to relay to legislator~ the ~eunty's needs for additional le~at e~ucation in term~ of funding. He further stated he participated in the Richmond ~orum with ~resident George Bush in which he mediated various questions from t~e audience, 94-124 REOU~TS TO POSTPONE ACTION. EHER~ENCY ADDITIONS. OR CHANGES IW T~E ORDER OH HRESENTATION On motion e£ Mr. McHale~ seoonded by Hr. Barber, the ~oar~ added 8.D.9., Adoption of Reuolution Requesting the Virgini~ Department of TransDortatio~ to Red,ca th~ speed Limit on Whitepine Road, from Rcut~ 10 to Huntingcroek Drive to follow Item B.D.B.c., Authorization to Exercise Eminent Domain for Acquisition of Water and Temporary Construction Easements for Jahnke Road Transmission Main Project Across Property of Mr. Martin Eugene Hulbert; added Item 8.D.10., Allocation of F~nds to Aasist the Greenfield Elementary School PTA to Purchase ~layground ~quipm~nt to follow Item 8.D.9.~ added item 8.D.11., Authorization for County Administrator to Execute an Amendment to the John Tyler Community College Agreement to follow Item 8.D.10,; added Item 8.D.12., Adoption of Resolution Rocognizin~ March 6, 1994 as "Undine Smith Moore Day" %~ follow Item 8.D.ll.; added item 9.D., an E~ecutive Session Pursuant to Section 2.1-344Ia)(5), Cud= of Virginia, for Discussion Concerning a Prospective Industry Where No Previous Locatis~ in Chesterfield County to follow !te~ 9.C., Repurt~; and delete~ Item ~,O.~.a., Authorization to Exorcise Eminent Preperty of Mr. and ~rs. Ralph W. Eckerd and, adopted the Veto: ~naninous There were no R~01ut~e~ an~ Special Reoognitlcns scheduled at this time. WORK ~ES~IO~S W~T~WAP~R ¢~L%R~S ON WAT~K USED FO~ II~=GATIDN ~r_ Rryant ~tat~d the Utilities Department currently bills for wastewater charges based on th~ amount of water metered to the customers, however, ~ome customers do not feel ~his me~ho~ is fair ae it does net recognize that all metered water dee~ not enter the wa~tewater aystem. He further state,.in response to these concerns, two work sessions were held aoncorning the u~ilities Department's ~a~o~ o~ billing for Wastewater service for residential customers and after a ~ublic hearing on August 2S, 1993, the ~ourd re~orred this ~ssue to the Watershed ~anagement Committee for their review. He revlew~d con~ln~io~ and recommendations from the Watershed Management Ccm~ttee including the present system for billing ~or w~s~¢wat~r being inequitable; additional opt~on~ ether than those offer=d by the Utilities Department being available; no wastowater fees being changes in the billing system permitting incorporation of water conservation measures. He stated in re~pense to the Co~ittee's recommendations, the utilities Department undertook further investigation end contacted two rate consultants and th~ American W~ter Woxks Association to identify additional alternative~; that the alte~ative~ basically remained the same -- wastewater billing based on estimate~ household uss and metering of irrigation water either by separate meter instolled by ~he County or an exclusion meter. ~a further ~tated staff mater installed by =he County amd if adopted by the Board, that tho ordinance amendments necessary for implementation be 94-125 ............... I l __L L I [ ...... reviewed impacts of implementation including offering customers an option to avoid wastewater charges on irrigation water~ requiring a $O.04/CCF inorsame in the wastewater commodity charge; having the least cost impact cn customers that do not irrigate; charging for meter installation by the County being $375; requiring plumbing modifications with an ~timeted oomt of $500 - $900; and not precluding incorporation of water conservation measures. Me noted this approach will require rat~ increase and t~e proposed budget will include an increase in th~ watt,water volume charge. There was brief discussion relative ~e thi~ issue being a policy chang~ and including this amendment in the budget public hearing process. ar. Warren returned to the meeting. ar. ~¢aale stated h~ feels the current policy is inequitable a~d ~bo~ld be changed to be ~ore fair to customers. made a motion for the Beard to authorize the advertisemen= for ordinance amendments for wastewater charges on water used for ~rrigatlon in conjunction with the budget process for 1994. Mr. W~rre~ seconded the motion. There wes brief discussion rela~iv~ to the timeframe in which customers ~oul~ apply for th~ meter and when the ordinance amendments w~lI become effective. Mr. Colbert called for the vote on the motion made by Mr. ~c~ale, se¢omdo~ by ~r. Warren, for th~ Board to authorize the advertisement for ordinance amendments for wastewater ~n water u~d for irrigatioD i~ eonjuDction with the budget Vote: Unanimous C~ARTER R~IEW COF~ITTEE On motion of Mr. McHale, seconded by ~r. Barber, the ~oard nomination/appointment of members to serve on the Charter Vote: Unanimous On motion of Mr. Barber, seconded by Mr. NcHa!e, the Board simultaneously nominated/appointed the following members to the pleasure cf the Board: Mr. Jeff Cart Bermuda Ms. Marlene Good, in Bermuda MS. Beth Bunkum Dale Dr. Freddie W. Nisholas /4atoaca Ms. Lynne Cooper Nidlothian Ms. Gab Roberts Midlothian B~atr~ct =123/94 94-124 And, further~ the Board deferred con~ide~atio~ of One member from the Matoaca District and two members from the Clover Hill Distriot, to serve 0~ the Charter Review Committee until March 9, 1994. Vote: Unanimous ?.B. STRBETLT~HT INST~LL~TION COST n~ROV~L On motion of ~-r. Warren, seconded by Mr. Daniel, th~ Hoard deferred a straetlight installation cost approval for Pecan Terrace, in cul-de-sac, in the Clover ~ill ~aglster±al District! until August 24, 1994. BUDGET ~. ~tep~a~er ~tated publio kearing~ will be held on March 30, 1994 regardin~ the tax rat~, the FY95 prope~ budge~, and ~he FY95-99 capital Improvement Program and legal advertising r~q~ire~%a ~ n~G~e~ry prior to ~h~t date. He further stated the proposed budget will not include a recommendation ~or a %ax raS~ increase, therefore, the current rates may be advertised. There ~a~ brief discussion relative tO the advertisement notifying citizens of the effective ta~ rate increase. On motion of ~r. Daniel~ seconded by Mr. ~oMale, the Board set the date of March 30, 1~94 a= 7:00 p.m. ~t Lloyd C. Bird High school fo~ public hearings to consider the FY95 proposed Dudget end %he FY95-99 Capital Improvement ProGram and authorized an advertisement for tax ordinances as follows: Real E~tate $1.09 P~rsonal Property $3.60 Personal Property Tax for and volunteer flr~ ~achinery and Tools $1.00 Airplanes $1.1o Vets: Unanimous SOeZAL ~ERVZCES B0~RD On motion of Mr. Daniel, ~nspsndad its rules at nomlnatiun/appeintment uf Services Board. seconded by ~ir. McHale, the Boar~ this tim~ t~ allo~ ~i~lt&~eo~ a member to ~erve on ~he social Vet=: Unani~c~ 94-127 slmul~anee~ly no~nat~d/appointed Mr. David H. Wmlchons, representing the County at-large, to serve on the social Services Board, whose term will be effective immediately and expire ~ene ~0, 199~. Vote: Unanimous CONSIDERATION OF FLYING UO~HI~SIO~ ~COPLKEND~TI0~S TO CONSIDER AN ORDINANCE TO ~ND TH~ CODE OF THE 21.1-47. A/~D 21.L-251 ~E~ATIN~ TO ZONINg. ROADSTRIP LOTS AS CO~ITION~ the County of Chesterfield, 1978, a~ a~ended, by amending and r~enacting sec%ions 21.1-17, ~1.1-44, ~1,~-47, and relating to zoning, specifically read.trip lots as conditional Vote: Unanimous TO CONSIDER DESIGNATION OF ~ERTAIN CATEGORIES OF 8~EOIAL EX~PTIONS AS CONDITIONAL USES Mr, Jacobsen ~tated the Planning Commission h~ld a work session to consider amending the Zoning Ordinance te reclassify certain special exceptions a~ ~onditional use~ and recommends no further action at this time, but include the issue within a planned project to rewrite the residential agricultural sections of the Zoning Ordinance and the Subdivision Ordinance. On motion of Mr- ~arber, seconded by Mr. McHale, the Board took no action to ccnside~ deaignation of certain categories of special ex¢~ptions as conditional uses as the issue is included in the ~lanning Department's propoaed work program £a= FY95. Vote: Unanimous S.D.X. ADOPTION OF RSSOLUT/ON REQUESTIN~ REIMBURSEMENT O~ ~o~ian of Mr. MoHale, sscondsd Dy Mr. Barber, the ~aard adopted the following resolution: WIdeR=AS, Chesterfield County ha~ recently completed the construction of an annex to the existing county jail; and W~EREA~ the jail anns~ project i~ eligible for 25 percent State reimbursement of allowable construction costs; and W~ERFJ~S, Chesterfield County ha~ complied with the regulatory requirements, Department of corrncticn~. NOW, T~ER~FOR~ BE IT RESOLVED, that the Chesterfield County Board of Supervlsor= request= ~5 percent reimbursement for allowable oo~structi0~ costa for the County's jail annex. Vote: Unanimous ~/~/~4 94-128 ~DOPTION OE RESOLUTIONS SUPPORTING IM~ROV.P24~H?$ · O POW~ITB PARKWAY AND DOW~4TOWN EXPRESSWAY TOLL COLLECTION SYSTEM kS FY95 OON~EBTION MITIGATION AIR OUALIT~ PROJECT A~D SUPPORTIN~ FY95 EURFACE OP COURTHOUSE ROAD On motion of Mr. MoHale, seconded by Mr. Barber~ the Board adopted %he following resolution: WHEI%EAS, the Intermodal Surface Transpertation Bffleiency Act e~tabllshad funding for the Congeetlon Mitigation Air Quality (C~L%Q) Program; and WHEREAZ, congestion at the Richmond Metropolitan A~thority (liMA) end Virginia Department of Tranmportation (VDOT) toll collection facilities on the Powhite Parkway and Downtown Expressway deteriorates air quality in the region; and WHEREAS, PX~A and VDOT have advised the County that toll co!l~ction facilities on ~h~ Powhit~ Parkway and DOWntown E~r=ssway can be improved to make toll collections quicker thus reducing congestion and improving air quali~y; ~=a~, th~ improvem~n~ have been referred "Fast Toll NOW, ~EREPORE BE IT RESOLVED that th~ Chesterfield Board of Supervisors supports PY95 ~Q funding for the "Fa~t Toll Project." And, furthmr, the Board adopted the following resolution: ~ER~AS, the Int,=modal Surface Tr=nspurtatlon Efficiency Act e~tabli~h~d ~unding for the Surface Transportation Program (STP}. NOW, THEREFORE ~E IT RESOLVED, that the Chesterfield County Board of SuDervi~or~ ~upport~ FYi5 STP funding for the wldmning of Cou=~housa Road from Route 28~ to Genito Road. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO ENTER iNTO On notion of Mr. NcHale, seconded by Mr. Barbar~ the Board authorized th~ County Adminintrator to execute a Virginia Department of Transportation(VDOT)/County Ledo Road da~iqn agreement, eubj~ct to th~ County A~orney'~ approval a~ to form and app~opriate~ $~00,000 from anticipated VDOT reimbursements for %he design. Vote: Unanimous S.D.4. S~T DAT~ FOR PUBLIC HE~RINO TO CONSIDER THE ~BkNDONMENT OF A SECTION OF W~DSWORTN DRIVE ~n motion of Mr. HoHale~ seconded by ~r. ~arber, the Board ~et the d~te of April 12, 1994 at 7;00 p.m. for a public hearing to a con~ider the abandonment of e meotlon of Wadsworth Drive between the commercial areas along Midlothlan Turnpike and the residential areas to the south. Vote: Unanimous ~/~/~ 94-129 On motion of ~r. McHele, seconded by Mr, Barber~ the Beard approved raffle permits for calendar year 1994 for Hidlothian High school PTSA; Jacob~ Road ~le~entary School PTA; Kiwanis Club of Che~ter, Incorporated; and Dale Youth Soccer Club, Ltd. On motion of ~r. McHale, s~conded by Mr. Barber, the Board "This day the county Environmental Engineerr in accordancs with ~irestions from this Boardf made report in writing upon his Katoaca District. Mistwood Forest, Section 5, Matoaca District, De a~d it h~reby is established as a public road. Tran~pertatien~ be and it hereby is regussted to take into the · hi~ request i~ inclusive of the adjacent ~lepe, eight distance, clear zone and designated Virginia Department of And be it further resolve~, ~hat the Board of Supsr¥isura outs, fills and drainage for this road. directions from this Board, ma~e report in writing upon hi~ e~a~inatien of switchbac~ Lane in ~istwoed Forest, Section 5, ascended by ~r. ia established as a ~ubllc roa~. Transportation, be and it hereby i= requested to bake into the This request is inclusive of tho adjacent Transportation dralnaqe 94-13~ This read serves 5 late. And be it further resolved, that the Board of supervisors guarantees to the Virginia Department of Transportation an unrestricted right-of-way of 50' with necessary easements cuts, fills and drainage £er this road. This seotisn of Mistwood Fsrest is recorded as follows: Section ~. Plat Book ??, Pages 15 & 19, November 7, 1991. Vote: Unanimous FOR P~RMTNNION FROM MR, AND MRS. DONALD T. ~T~XRT¥ FOOT WIDE COWRY RIGHT OF WAY ALONG NBNSLEY ROAD On motion of ~. ~cHals, seconded by Mr. Barter, the Board approved a rec/~est from Mr. and Mrs. Donald T. ~ab~l to inst~ll a private water Berries in an existing thirty foot wide County right of way along Mensley Roa~ to s~rve ~heir ~istlng house at 14~Ol Hensley Road. (If is noted a copy of the vicinity sketch i~ filed with the papers of ~his Board.~ Vote: Unanimou~ ~.D.8. On motion of Mr. ~cMal~, seconded by Mr, Darter, the Doard authorized the County Atternsy to proceed with eminent domain on ~n emergency basis ~nd exercise immediate right of entry pursuant to Seotlon 15.1-238.1 of the Code of Vircinia for the acquisition of a varlable width water easement ~nd ~ 10 ~oet wide temporary construction easement eoross property of Ns. authorized the County Administrator to notify the owner by ~ertified mail on February 2~, 1994 of ~he county's intention to tare possession of the easement. (It is noted o copy of the plat is filed with the papers of this Board.) Vote: Unanimous authorized the County Attorney to proceed with eminent domain pursuant to Section 15.1-238,1 ef the Code o~ir~inia for the acquisition of a 16 fcc~ wide water easement and 24~ 16, and 8 ~r. Martin Eugene Hulbert for the Jahnke Road Transmission Hain Project and authorized the County Administrator to notify the intention to take pesse~eien of the easement. ~It is noted a copy of the plat i~ filed with the papers of this Board.) Vote: Unanimous 94-131 ADOPTIO~ OF REEOLUTION REOUEETt~G THE VIRGINIA DER~RTM~NT OF TRANSPORTATION TO REDUCE THE ~D LTMTT ON W}tITEPINE ROAD PROM ROUTE 10 TO HUNTINOCREBK DRIVE On motion of Mr. McHale, seconded by ~. Barber~ the Board adopted the following resclutlcn: WHEREAS, citizens have requested the Beard of Supervisors to reduce the ~peed limit on whitepine Road (Route 701) f~em Route lO to Huntingcreek Drive. NOW, THEREFORE BE IT RESOLVED, that the C~esterfield County Board of Supervisors req~est~ the Virginia Department of Transportation to reduce the ~peed limit on Whlteplne Road from a9prcved the transfer of $1,500 from ~he ~i~lothian Bistric~ ~ssi~t the Greenfiel~ ~lementary suheol PTA to purchase playground equipment. 8.D.11. ~U~{ORIZATION FOR ~OUI~T¥ ~DMINISTRATOR TO EXECUTE A~ A~ENDMENT TO THE JOHN TYLER COFR{~NtTY COLL~ AGREEMENT on motion of Mr. MoBate, seconded by Mr. ~arber, the Board au=horized th~ County Administrator to e~ecute an amendment to t~e John Tyle~ Community Colleqe Agree~en=~ which a~endment adds language ~o ParagraDh 19 o~ the Agreement providing that th~ convey~nc~ is subject to all legal r~quir=m=nts. (It is Board.] Vote: Unanimous "ONDINE ZMITN MOORE On motion of Mr. No,ale, ~cond~d by ~tr. Rather, th~ Roard a~opted %he following resolution: ~EREA$~ Ms. Undlne smith Moore was born August 24, 1904 in Jarr~tt, Virgini~ -- the youngest of three children of James William smith and Herdie Turnbull Smit~; and W~EREAS~ M~. Moore wa~ educated in the public ~chool system of Petersburg, Virginia; and ~r~EREAS, M~. Moore gave untlrlnqly of hot music re~our=e for note than forty-five years at virginia state University; who have distlnquished themselve~ in ~ome of America'~ most commi~sioned~ published, recordedr and performed by world renown musicians and artiste nationally and internationally; Martyr, wee nominated for a Pulitzer Prize; and choral music will be pr~nt~d in concert by an UndiDe Smith Virginia; and W~EREA$, the proceede from this special event will be seed to perpetuate the Undine smith Moore Muzic Scholarship at virginia State Univereity. 1994 as "undine smith Moore Day" in the County of C~ester£ield thi~ ~iqnifleant program. 9. REPORTS On motion of Mr. Warren~ seconded by Mr. McHale, the Board accepted th~ following repor~e: Mr. Rameey presented the Board with a report on the developer water and sewer contracts executed by the County Adminietrator. Mr. Rameey presented the Board with a ~tatu~ repo~t on the General Fund Balance; Reeerve for Future Capital Projects; District Road and Street Light Funds; Leus~ Purchasee; and S~hoel Board Agenda. Mr. Ramsay e~atcd the Virginia D~partment of Traneportatlon has formally notified the County of the acceptanc~ of the following roa~s into the Statm Seoond~ry System: Rout~ 47~ (spring Trace Drive) - From ~.05 mile Route 472~ (Spring Trace Terrace) - From Route Route &7~6 (Spring Trace Place) - Prom Route 472~ to 0.O4 mile Southeaet Rou~e 4725 0.04 Mi Route 4728 (Holly view Parkway) - From Route 472~ (Spring Trace Turn} - From Route 4722 ~o 0.0~ mile Southeast Route 472~ 0.0~ CLARENDON, SECTION K --,Effective 2-9-941 Route 2115 (5rookf~rest Road) - From 0.02 mile NO~tk Route 3596 to 0.07 mile Northwest ROU~ 2114 0.31 Mi Route 3743 (Brookfo~est Court] - From Route 2115 to 0.20 mile Northeast Route 2115 0.~0 Mi Route 2115 (Srcek~oros~ Roa~ ~ Old Route 4410) - From 0.07 mile Northwest Route 2114 to 0.05 mile East Route 4411 0.19 Mi ST. J~IE$ WOODS - ~Bffeot~ve 2-15-94) Route 409~ (westcreek DriVe] - From Route 720 to Route 6051 (Hardwood Drive) - From 0.1~ mile Wast Route 6054 (Stetson Court) - From Route 5051 to 9.D. EXECUTIYE MESSION PURBE~CT ~0 8EGTION QODB OF VIRGINIA, FOR DI~CU~$ION CONC~RNIN~ ~ RROSSECTIVE INDUSTRY ~IERE NO PREVIO~S ~NOUN~EME/~T HAS EEEN I~L~DE OF COUNTY on motion of ~. ~eHale, ~eeonded by M~. Barber, the Board wont into Executive Session pur=uant to Section Z.l-344(a)(~) Co~e of Virginia, for discussion eonc=rni~g a p~sspeetive industry where ~e pr0vious a~oumcement has been made of =he industry's i~terest in locatin~ in Chesterfield County. Vote: Unanimeu~ on motion of ~r. ~arber, seconded by ~r. Mo~ale, the Board adopted t~e following resolution: WHEREAS, the ~oa~d of Su~e~viso~s ~as thi~ day adjourned into Executive Session in accordance with a formal vote of the Board and in accordance with the provisions Of t~e Virginia Freedom of Information Act; and W~R~A$, the virginia Yrcedum of Information Act effective July 1, 1989 provide~ for eeMtifioation that such Executive Session was conducted in conformity with law. NOW, THEREFOR= ~E IT ReSOLVeD, the ~card of Supervisors does hereby certify t~at to the best of ea¢~ meter's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive session ho which this ¢=rtification upplie$, and ii) only ~uch public busJn~s~ matter~ as were identified in the Motion by which the Executive Session was convened were heard, discussed, or considered by the Board- No member dissents ~rom thi~ certification. 2/23/94 94-134 The Board being pelled, the vs~e was as follows: Daniel : Aye. Barber : Aye, McHale : Aye. r~cess~d to the Administration Building, ROOM 502, for dinne~. Vote: Unanimous 11. I~VGQATiON Colbert introduced Mr. William Peele, Chief of Development Revlewr who gave the invocatiun. 1~. PLEDGE OF ALLEgIAnCE TO THE FLAB OF THE UNITED STATES OF M~. George Beadles led the mledge of Allegiance to the Flag o~ the united States of America. 13. RESOLUTIONS ARD SPECIAL REOOGNITIONS There were mo Resmlutien~ and Special Reoe~nltions sshe~ule~ at thin ti~e. 14. HEARINGS OF CITIZENS ON UNSCHEDULED ~LATTERS OR eLAINE o Nee SUSAN P. ~UEEP~¥, REGARDING THE_~U~.~. JUNIO~ KINDERgArTEN PR0~RA~ ~. Ruberry ~tated h~r family cho~ to reside ~n Chesterfield County ~ar~icularly due to the two-tiered Junior Kinderqart~n P~ogram. She requested the Board to find the necessary funds to oontinu~ th~ ~rogram ~nd state~ tbs program has ~arn~d th~ county a well-deserved reputation and has assisted young children in adjusting to the school system. She ~urther stated many parents a~e depending on thi~ P~ogram and at this late date, registration for private programs and preschools have already ~nded and if the County chooses to eliminate ~ parent~ the opportunity to find other alternatives fo~ their children. She seated budget constraints ~hould not force th~ elimlna~ion of a high-qualityproven program which attracts new ~e~idents to the County. Mr. Barber stated he h~s received many telephone calls regarding the J~nior Kindergarten Program and ~h~ issue is a policy decisio~ as well as a Dudget decision. He further stated this Progra~ is a State pilot program and after n~xt y~ar, the Junior ~inderqarten Program will no longer be funded by the State. He ~tat~ th~ i~ i$ ~ poli~y d~ei~ion by the School Board to eliminate the Progra~ at lea~t on~ year before funding change~ from the State. 94-135 o TO CONSIDER AN ORDINANCE TO VACATE ~ TWENTY FOOT ROAD ACROSS LOT 3 AND AN EIN~T FOOT ALLEY EASEMENT ACROSS LOT~ 2 AND $, PLEASANT DALE SUBDIVISION, SECTION A ~r. stith ~tated this date and time has been advertised for a public hearing tu consider an ordinance to vacat~ a 20 foot read easement across Lot 3 and an eight foot alley easement aero~m Lot~ ~ and 2, ~l~a~ant Dal~ ~ubdlvis~on~ S~ction A. On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GR$-NTOR") vacatem to CAROLIN~ H. KR~CIC and MICHaeL ("GRANTEES"), a 20' road eaze~e~t acrozz Lot 3, an S' alley easement across Lots ~ and ~, Dale Subdivision~ Section A, B~UDA ~agisterial District, Chesterfield County, virginia, as shown a plat thereof duly r~corded in the Clerk's Office of the Cir=ui= Court of Che~terfle]d County in Pis= ~E~AS, CAROLINE ~. ~ECIC and MI~EL BLUE, p~tltioned vacate a 20' road easement across Lot 3, and an 8' ~lley easement across Lets 2 and 3 within Pleasant Dale Subdivimion, ~ction A, B~DA ~ag~t~ria] District, Chesterfield cowry, Virginia more particularly sho~ on a plat of racord in the ~3~ Paqe 15, by J- K. TIGONS & ASSOCIATES, INC., dated DECE~ER 19, 1962. The easements petitioned to be vacated are more fully described as follows: the location~ of which are more fully ~hown, on m plat made by Ordinance. WHEREAS, notice has ~een given pursuan~ to $ectlun l~,l- ths easements ~ought to be vacated. h~reby vacated. This Ordlnanee shall be in full force and assordance with Section 15.~-482(b) of the Co~e of Vlralnia, I950~ as amended, and a cartified copy of this ordinance, ~ooner t~an t~i~ty days hereafter in the Clerk's Offica of the Circui~ Court of Chesterfial~ County, Virginia pursuan~ The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of ~he recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the easements hereby vacated in t~e ~roperty ewnerm of Lotm ~ and 2, within Pleamanf Dale ~ubdivi~ion, Section A, free and clear of any rights of public usa. Accordlngly~ this Ordinance shall be inde×ad in the namee of the County of Chesterfield as grantor and CAROLINE H. KIR~CIC and MICHAEL BIA~fE ~ o~ thei~ muece~c~ in t~tle, a~ grantee. Certified by: Vote: Unanimous In Nidluthian ~agisterial District, RICH~ONDCELLULARTELEPHONE COMPANY ~eque~ted amendment to p~eviou~ly g~anted Conditional buffer and to permit a 1§0 foot eo~munieation~ tower. The dens~ty of such nmen~men% will be controlle~ by zoning condition~ or Ordinance ~tanda~de. The Co,prehensile Plan deslgnaten the ~roperty far regional mixed one. This request lies in a Neighborhood B~ineee (C-2) Diet, itt un a 1.3 acre parcel kno%ql as 11461, 11463, 1146~, 11467, 11469, 11471 and 11473 Robicus Road. Tax Map 9-13 {1) P~rcel 2 (Sheet 3). Mr. Ja¢obson presented a Summary of Case 94SF0153 and stated the Planning Commission and staff recommends approval eubject to ~onditions and acceptance of a proffered condition. rucomme~datio~ was acceptable. T~e~e wa~ no oppositio~ On motion of Mr. Barber, seconded by Mr. ~cHale~ the Board approved Case 94S~0153 uubject to th= followin~ conditions: 1. The base of the tower shall be enclosed by a minimum six The fence shall b~ placed so as to provide sufficiemt room between =h~ fence and the property line %o acco~odate evergreen plantings having an initial height and spacing equipment building from the adjacent property and public rights of way. A detailed plan depicting %hi~ requirement in conjunction with final site plan review. (P) 2. Prier to release of a buildinq permit for the tower~ a copy of UAA approval shall be submitt~ to the Planning Department. (P) ~. The tower and equipment shall be designed and installed se an net to interfere with the Chesterfield County Public Safety Trunked System, The developer shall perform an engineering study to determine the possibility of radio frequency interference with the County syntem. Prior to release of s building permib, the n~udy shall he nubmitted to, and approved by, the Chesterfield County Communications and Electronics etaff. (CS) The owner shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked system caused by this use. such corrections shall be ma~e immediately upon uotification by 94-137 2/23/94 =he chesterfield ~0~=y communications and staff. The color and lighting ~yste~ for th~ tower ~hall be as follows: a. The tower shall be grey or another neutral color~ acceptable to the Planning Department. b. Medium intensity strobe lights with upward reflection may be used d~rinq da~lig~t hours. If th~ tower i~ Iight~d during night-time heur~, only ~oft, hlinkin~ red lights may be used. Any mechanical equipment shall comply with section 21.1- ~48 of the Zoning Ordinance r~lative to ~creening of mechanical equipment. (NOTES: a. This condition would require the screening of meGhanical gquip~ent located on the building or g~ound from adjacent propertie~ and public rights of way. Screening would not be ~equi~ed for the tower or to~er-mounts~ equipment. In add~tion ~o the req=irsments of this condition, Condition 6 Of Ca~e 868153 specifies architectural style and building.) Board accepted the following proffered condition: (NOTES: microwave dish antennas installed on the With th~ approval of this request, Condition ~ of Case 865153, relauive to Master Plan approval and Condition 5 of cage ~Sl~$, requiring a thirty (30) foot buffer along the southern property boundary~ are dmlete~. All ether conditions of zoning approval for Cs~e 86s153 re~ain i~ ~ff~ct.) 93~N0~47 (Amen~e~) In ~ermuda Magisterial Di~trict~ TPJ, IN~. requested a Conditional Use to permit outdoor recreational facilities in Agricultural (A)~ Residential {R-7)~ R~sidentfal (R-9} and Residential (R-12} Distrlcts, plus proffered conditions on the Residential (~-7), Residential (R-9) and R~idential tracts to address residentlal development. The density of such amendment w~ll b~ ~ontroll~d by zoning ~endi~ions or Ordinance standards. The Comprehen~iv~ Plan d~glgnaten the property for residential uss Of 1.01 to 2.5 units per acre, neighborheod commercial and natural conservation, This request lies on 104.33 acres fronting approximately 1,795 feet on the west line of Chegter Road, aero~$ £rem Hamlin Avenue, also lying 2/23/94 94-138 approximately 3,000 feet on the east line and approximately 2~800 feet on the West line of the CSX Railway right of way, and lying at the southern terminus of Centralia Station. Tax Map 97-6 (1) Parcels 4 and 60; Tax Map 97-10 (1) Parcel 13 and Part of Parcel 1 (sheet Mr. Pools pre.ended a suI~mary of ¢~ ~NO~&7 and ~tated the Planning Cotillion and ~taff recommends approval and acceptance of Proffered Conditions 1 through 17, 19 through 22, and 25 through 29, and that P~offered Condition~ 18 and 24 not be accepted. He noted the reguest conforms with the Chester Villa~e.R~B. There wa~ brief discussion relative to Proffered Condition~ 18 and 24 being denied as the pre~fers would be ~ifficult lit. Jay Waddill, representing the applicaDt, ~tated the recommendation was acceptahle~ Far. G. E. Milos ~tated ~s is e ~artner in the development of W~llington Farms which adjoins the property and expressed of traffic ~ to th~ r~zoning; wh~ther the property would be developed as a qolf course or a subdivision; the impact an R-12 su~ivision will have on home~ in Wellington Parm$; and Road Extension as it ~etates to the lo~ation uncertainty of the effort to protec~ Wellington Fa~s and the surroundin~ area. ~r. Pau~ W. Jenkins stated he is an adjacent property owner and was to develop the property as a golf course; ~mt area re~id~nt~ d~d not oppose the golf course; that after attending s~ver~l meetings rugardinq the zoning, it wa~ indicated a subdivision might be built; and that he feels neighborhood resid~nt~ have b~n mi~led. ~e expressed comcerns relative the property being developed as a subdivision; the size of the lots =n~ type~ of hom~ that wo~ld Da built; traffic impacts Centralia Road; and the i~ue of ~chool overcrowding. He but feels it should b~ comparabl~ to Wellington Fa~. r~sidents in the ~ea expressed concerns at the Planning co~is~ion meeting relative to additional crime in the area if a su~ivlsion i~ developed; traffic conoerm~ on CeDtral~a Road; road damage concerns; and the i~paot on neighborhood land with the Chesapeake Bay Act as it impacts the area, and she concerned about the proffered condLtion relating %c $0reening of her property. Mr. Tom Tannill stated he i~ not opposed or in favor of Sub~ivi~ion, but would rather ~ee a golf course built; that is an adjaoent property owner and has ~n in~eremt property on ~he west si~e of the railroad tracks; that he feels %very effort should be made t~ en~ure the land is developed a~ ~et before ~ subdivision is pe~itted to he developed. expressed concerns relative to the quality of homes that would be built; the ~omes ~aving a direct impact on proper~y value~ in ~ne area; the possibility of using condemnation to acquire the right-of-way fO~ Hopkins Road; and Hopkins Road E~ension th~ ho~e~ ~hou]d be comparable to Wellington Farms and 94-139 of the river. He reguested the Board to consider deferring the request for further review. Discussion, comments, and questions ensued relative to the transportation issues especially access to the property surrounding this request; the ~mpact of Hopkins Road ~xtenoion oN thi~ request; the Proffered Conditions not obliqating the County to condemn tbs right-cf-way to extend Hopkins Koad; the developer building a two-lane road with t~r~ lanes to be connected into Centrslia Road; the dedication o~ right-of-way for a wider read; the applxeant being co~mitted to build ample road to access his development; 511cwlcg a safe access at Centralia Road; two accesses being require~ if ~ore than 50 lots were built in the subdivision; the ~ubd~v~e~cn being required to have an access to Wellington Far~s; the subdivision p~ccess as it relates to this case; the land previenely being zoned for the applicant to record up to 2~0 R-9 and R-12 lots on this p~epe~ty; whet~er there are buffers along Mr. Jenkins preper=y; =he proffered conditions for %hi~ request h~ng ~ufficient; and the applicant needing to go through the site Mr. Daniel expressed tra££io concerns relative ~o ~he proper~y naf~ty, and welfare ~e~ue and stated he feels the saSety issue need= to be addressed at this intersection prior to considering this req%~est. He further etate~ hs feels if a eu~divlsion is developed, it should be comparable to Wellington especially if an access is through Wellington Farms and that Hopkins Road ~xten~io~ should De resolved prior to development in thle area. He expressed concerno relative to those iosues not being resolved and tho decision being made on whuther the D~sperty i~ developed a~ a ~ubd~vi~isn or a golf course. He will be reduced significantly when th~ Centralia/Che~=~r Road intersection is reconstructed. Mr. McHale noted the project should be complete in approximately two years which ~ill T~eme ~as ~rief ~iscussion reis=ire to the ourren= zoning being R-9 and R-i~ in,tend of R-15 and whether there was u co~itment to arem resi~ent~ to buil~ a gol~ ~ourse and no~ a Subdivision. only one entrance and the impact of additional traffic in the at thi~ time and h~ feels ~s Board should not consider d~v~lopment in thi~ are~ until road r~pair~ ar~ complete on Centrulia Road and noted the zoning was in ~lace prior to the Wellington Farms type ~ou~es Could De marketed on this property ~in=~ it is located near the railroad track~. Discussion, comments, and ~estions ensued relative to the ~ubdivision approval process a~ it relates to this request; whether the C-2 property on th~ ~a~t ~id~ of th~ railroad track~ has already been zoned for intense use/ whether a ume such am a ccnv~nienc~ food ~torg/servi~G station could ~il=; and the use for ~his particular request being less intense than what could De bnilt to the north of the property. Mr. McMal~ ~tated he is not comfortable with not allowing the applicant to dev~lcp hi~ property and he feels traffic concern~ will be addressed a~ improv~ents arm made to the intersection 2/23/94 94-140 on Centralie Road. He further stated he i~ comfortable with recommending approval for the eastern and western sides of the zoning as recommended by staff, ~fr. ~cHale then ~ade a motion for the Beard to approve Cass 935M0147 subject to denial'of Proffered Conditions 18 and 24 and acceptance of the following proffered conditions: Usem ~hall b~ limited a~ follows: A. The property lying east of the CSX Railway right of 1. Clubhouse 2, Pro ~hop 3.Driving range Miniature (putting) golf 5. Restaurant, as accessory to Clubhouse Or pro shop. Puttin~ qr~n 7.Pi~¢~ and putt (chipping) rang~ s. Battin~ caqe~, in conjunction with another permitted use and not to exceed twenty-~iv~ (25) per~ent of the overall acreage devoted to batting cages. B. On the property lying west of th= CSX Railway right cf way, uses shall be limited maintenance persannel; parking for maintenance that are customarily accessory and incidental provided or permitted for individual golfer's vehicles. allowed by the Zoning Ordinanc~ in the u~derlying residential zoning classification, could be developed on tke right of way shall comply witch the requirements of th= Zoning ordinance for General ~ueiness (C-5~ Dis=riots in E~erging Greek Ar~as. requirements for Agrlcultural (A) District supersede the requirements for C-5 District~.) requirement~ of the Zoning Ordlnanoe for Emerging Growth Areas relative to screening of out~id~ storage (Seotion~ 21.1-~26 (b), 21.1-227 (~) and 21.1-227 utilities (section 21.1-228), lighting (Section 21.1-240), and architectural treatment (Section 21.1-248). 4- Lighting for any golf course shall b~ limited to ~ecurity lighting an~ shall net accommodate night time playing. A security lighting plan shall b= submitted for approval in conjunction with site plan review. 5. Golf course facili=ies shall be designed to preclude balls in play from entering public rights of way and adjacent properties. The design shall preclude the use of physisal 2/23/94 barriers along the public rights cf way and adjacent propsrtie~ other than decorative fencing o~ walls, tepegraphy and/or landscaping. A plan for achievin~ this requirement shall be submitted for approval in conjunction with site plan review. 6. All outdoor equipment~ cages, fencing and netting shall be maintained in good repair. At such time that facilities shall cease to be open to the public for a period exceeding six (6) consecutive months, the owner/operator shall dismantle all outdoor equipment visible fram public rights Qf way and adjacent properties, to include cages, fencing and netting, with the exception of security fencing, and shall remove such e~tdooI equipment, cages, f~ncing and netting from the property. 7. ~acilities on the property lying east of the CSX Railway right of way shall not De open to t~e public between the heur~ of 9:~0 p.m. and 6:00 a.m., Sunday through Thursday, and between lS:00 p.m. and 5:00 a.m., Friday and Set,day. When facilities are net open to th~ publio~ 1Xghting nhall be reduced to only that which is necessary for se~uriSy. A security lighting plan shall be submitted for approval i~ cenjunctio~ with site plan review. A 100 foot buffer shall ba provide~ along Chester Road. This buffer shall comply with the requirements of the Zoning Ordinance for 100 foot buffers~ sections ~1.1-~7 (a) through (h) and (NOTE: This condition will prohibit any re,notion of thi~ buffer by the Planning Co~ission eY ~taff through site plan review.) 9. Site plans shall be submitted for Planning Com~issien review and approval as set forth in Section ]1.1-~7~ of the Zonln~ Ordinance. The developer shall notify the last known Presidents of the Hamlin Estates Civic Association and the Glen Oaks civic Association at lea~t twenty-one (~1) day~ prior to th~ Planning Comm~Esion*s consideration of thc site plan of the tim~ and date of site plan consideration. 10. Prior to operation cf the golf course, a fertilization plan for the golf course ~hall be submitted to the Chesterfield County Extension Agent for approval. A monitoring pregram~ acceptable ~o the Extension Agent~ shall be implemented to ensure complianoe with the approved fertilization plan. 11. P~io~ to Obtaining a b~ilding purmit, erie Of the following shall be accomplished for fire County $1S0 per 1,000 square feet of qro~s floor area adjusted upward or downward by the same percentage that the ~arshall Swift Building Cost Index ingressed or decreased ~etween June 30, 19~1, and the date of palrment. With the approval of the County's Fire chief, t_he owner, developer or suppression ~yst~ not otherwise required by law OR B. The owner, developer or assi~nee~sl skall p=evide a fire suppression system not otherwise required by law which the County's Fire Chief determine~ substantially redusse the need for County facilities otherwise necessary for fire protection. Prior Fo ~ite plan approval, forty-five (45) feet of right of way on the west side of Che~ter Road measured from the canterline of that par~ of Cheater Road immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of chesterfield County. 13. Prior to the approval of any site plan for any golf eo~se uae on that portion of the property lying west of the CSX Railway right of way, the owner/d~v~loper ~ball initiate a request to vacate Bragaw Drive in the Dense Wood Hill ~ubdivision. 14. Prior to obtaining any land disturbance permit on any ~ha~s~ paresl~ section or project, th~ Corps of Engineers must approve the wetlands d61ineation as well as any encroachments into wetlands for that phase, parcel, section ar project. 15. There shall be no sale er consumption of alcoholic beverages in conjunction with the operation of any restaurant operated as an accessory uae to the elubho~ or pro shop in the property- 16. There shall be no attention getting devlcem (i.~., gorillas, elephants, wind~il~s, or t~e li~e) installed or maintained as a part of any ~iniature golf use on the property lying east of the Csx Railway right of way which ar~ visible from the r~id~nees in Kamlin Estates. CSX Railway right of way ~hall be screened from the ze~idences in Hamlin Estate~ by and with evergreen plantings and trees. Access to chester Road shall be limited to one (1] es=tahoe/exit, This access shall be located apDroxima=ely 500 feet north of the Chester ~oad/Samlin Avenue intersection, subject to Army CerTs of Engineers' approval relative to cro~sing any wetlands- The exact location of any access to chester Road shall be approved Dy the Transportation Department. ~0. To provide for an adequate roadway system at the time of for the following: A. Construction of additional pavement aloRg Chester Road at the approved access to provide left and right turn lanes. Dedication to Ches~erfield County~ free an4 unrestricted# of any additional right of way (or easements) required for the improvements identified above. 21. Prier to site plan approval, a phasing plan for required road improvements, identified in Proffered condition 20 shell be submitted to end approved by the Transportation ~4-143 There shall be no recreational facilities or accessory uses, except necessary utility extensions, on that portion of the property lying east of the CSX Railway right of way and south of Great Branch. 23. In th= event that the property lying west of the CSX Aailway right of way is developed for residential use, th~ ma×im~ density shall not exceed 135 dwelling units. A=cass tu this residential development shall be provided via a new public road fro~ Centralia Road to the subject property. This public road shall be located as generally shown un the plan prepared by Charles Towhee and Associates, P. C., dated January 31, 1990, revise~ on January lOr 199I, for Hopkins Road Extension. The exact location of this publis road shall be approved by the Transportation Department. For any residential use, ~O ot~ar access shall be permitted ~o contrails Road except that Contrails Station may be used a~ an emergency and/or construction access, subject to approval at the time c~ t~tative ~ubdiulsion r~vi~w. ~rovided~ however, that construction vehicles for residential development via C~ntralia Station to Contrails Road ~hall not be permlhhed at such ti~e as the public road! as described above, is determined by the Transportation Department. ~5. Prior to any site plan approval or in conjunction with recordation of the first mubdivimicn plat west of the CgX Railway, whichever oCCUrs first, a right of way for Hopkins Road Extension, of sufficient width to comply with the Thoroughfare Plan. but not to exceed a width of ninety (90) feet, shall be dedicated through the subject property, free and onrestricted, to end for the benefit of C~esterfield County. T~is right of way ~hall ~e as generally depicted on the plan prepared by Charles C. TOWhee and Associates, P. C., dated January 31, i990, a~ revised on January 10, 1991. The exact location of this right e~ way sh~l~ ~e approv~ by ~he Transportation Department. Tn the event that ~opkin~ Read Extension though the subject proper~y i~ deleted ~rem ~he Thorou~lf_a3ce~an, this right of way width may be r~duced as determined by the Transportation Department, based on tahe functional classification of the road. Further, any dedicated right of way width not required for this road mhall be r~conveyed to th~ own~r/dmv~loper upon written requeo~ for such re¢onveyance by the owner/developer to 26. To provide for an adequate roadway system for any ~eside~tial deVelOpment on the property lying West Of the CSX Railway right of way, the developer shall be responsible for the following: A. Csnmtruction of a two (2} lane public road from Contrails Read tu the subject property, but in no event shall the owner/dev~Ioper be required to cono~ruct moro than 1,~00 lineal feo~ of this public road. B. Constr~ocion of additional pavement along Contrails Road at the approved public road intorseution to provide left- and right-turn lanes. C. D=dicution to Chesterfield County, free and un~es~rioCed, 0£ any additional right of way (or easenentm) required for the improvementm i~entified 94-144 27. Prior to tentative ~ubdivisio~ approval, a phasing plan for required road improvements, identified in Proffered Condition 26~ shall be submitted to and approved by the Transportation Department. 28, Facillties shall be designed so as not to generate sound levels above 65 dba between the bour~ of 6:00 a.m. and 9:00 p.m., Sunday through Thursday, and 6:00 a.m. and 10:00 p.m., Friday and Saturday, measured at the point on the property boundary closest to tbs ~eurce of noi~e. During all other times, facilities shall be designed not to generate noise levels above 55 dba measured at the point on the property boundary closest to th~ source of noise. 29. There shall be ne timbering or other clearing activities cn the property lying west of the CSX Railway right of way until a Land Disturbance Permit has been issued by Environmental Engineering. Er. Barber seconded the motion. Mr. Colbert stated he feel~ there should be a higher category of zoning on the bask side of the property to protect R~9 Will have on Wellington Farms. Mr. McHale stated he feels due to th~ location of railroad ~raoks, R-9 zoning is appropriate. When asked, he clarified hi~ motion is to accept Proffered Conditions 1-17, 1~-23~ and recommendation. There was brief discussion relative to the motion b~ing hemes as proffered by t~e applicant, the applicant going through the ~ubdivision approval pruues~, including Proffered being in agreement with the Proffered Condi=ions. A. The property lying east of the CSX Railway right of 1. clubhau~e 2. Pro shop 3. Driving range 4. ~iniature (putting} golf ~hop. 6.Putting green 7.Pitch and putt (chi~ping) range permitted u~s and no~ to nxcesd twenty-flys (~5) peroent of the overall acreage devoted batting cages. of way~ uses shall be limited to: 94-145 2/23/94 A golf course and accessory ~se~ Thereto to include: maintenance facilities; an office for maintenance personnel; parking for maintenance vehicles, golf carts, customer shuttle vehicles to golf course use. No parking shall provided or permitted for individual golfer's vehicles. (~ox~: Other permitted an~ accessory uses, as allowed by the Zoning Ordinance in the underlying residential zoning elassiflsaticn, could be developed on th~ property.) Development of th~ property lying east of the CSX Railway right of way shell comply with the requlr~mente of the Zoning Ordinance for ~eneral Business (C-5) Distrlc~s in Emerging GroWth Areas_ (NOTE: Where more restrictive, t~ d~velopm~n~ requiremen~ for Agricultural (A) District the rsquirements for C-5 Districts.) Development cf any golf course shall comply with the Area~ relative to screening cf outside ~torage areas (Sections ~L.1-226 (~), 21.1~227 (g) and 2~.1-Z27 utilities (S~ction ~l.I-Z3~), lighting (Section and architectural treatment (Section 21.1-248). 4. Li~htlng for any golf course shall be limited to security lighting and shall not accommodate night tim~ playing. security lighting plan shall be submitted for approval in conjunction with ~ite plan review. 5. ~olf cours~ facilities shall be designed to preclude balls in play from entering public rights of ~ay and adpaCent propertie~. The design shall preclude ~ha use of physical barriers along the public rights cf way and ad,scent prepertles other than decorative fencing or walls, topography and/or landscaping. A plan for achieving thi~ requirement shall be submitted for approval in conjunction with site plan review. 6. All outdoor equipment, cages, fencing and netting shall be maintained in good repair. At such ~ime that facilities shall cease to be open to the public fo= e period exceeding six (6) uonsecutlve monthe~ the owner/operator shall dismantle all outdoor equipment vlslble from public fencing and netting, with the exception of gecurity fencing, an~ shall remove eue~ outdoor equipment, cages~ fencing and n~tting from the property. 7. Facilitie~ on the property lying east of the C$~ Railway right of way shall not be open to the public between the hours of 9:00 p.m. and 6:00 a.m., Sunday through Thursday, an4 between 10:00 p.m. and 6:00 a.m., Friday and Saturday. When facilities are not open tot he public, lighting shall be reduced to only that which is necessary for security+ A ~edu~ity lighting plan shall be ~ubmltted for approval in conjunction wlt/% sits plan review. 8. A 100 foot buffer shall be provided along Chester Road. Thi~ buffer shall comply with the requirements of the Zoning 0rdi~a~se for log foot bHffe~s, Sections 21.1-226, ]1~1-~27 (a) through (h) end (NOTE: Th~a ccndltlon will prohibit any reduction of %bis buffer by the ~lanning Commission or s~aff through site plan re¥iew.) 9. Site plans shali' ~ submitted for ~lannln~ Commission review and approval as set forth in Section 21.1-576 of the 5onin~ Ordinance, The deYeloper shall notify the lest known Presidents of the Hamlin Estates civiu and the Glen Oaks civic Association at lea~t twenty-one (21) days prior to the Planning Commission's consideration of the site plan of the time and date of site plan eonsideratiun. Prior te e~eration of the golf course, a fertilization plan for th~ golf course shall be submitted to the Chesterfield County Extension Agent for approval. A monitoring program~ acceptable to the ~xten~ion Agent, shall be implemented ts ensure compliance with the approved fertilization plan. 11. Prior to obta~nlng a building permit, one of the following shall be accomplished for fire protection: A. The owner, developer or assignee(s) shall pay to the County $150 pmr 1,000 sguare feet of gross floor area adjusted upward or downward by the percentaqe ~at ~he ~arshall Swift Building Cost Index increased or decreased between 3use ~0, and the date of ~=yment. with the approval of the County's Fire Chief, the owner, d~elope~ or assignee(s) shall receive a credit toward the required payment for the cost of any fire suppression system not otherwise ~equi~ed by law which i~ in~lude~ a~ par~ of the development. OR B. The owner, developer or assignee(s) uhall provide a fire suppression system not otherwise required by law which the County'u Fire chief determines substantially reduces the need for County facilities Prior to ~ite plan approval, £erty~Sivs (45) feet of right of way ~n ~he west side of Cheater Road measured from the adjacent to the property shall bs dedicated, free and unrestricted, =o and for ~he ~eneXit of C~este~field County. 13, Prior to th= upproval of any site plan for any golf course use on that parties o~ the property lying west of the Railway right of way, the owner/developer shall initiate a reguest to vacate Bragaw Drive in the Dense Wood ~ill Subdivision. ~. Prior to obtaining any land disturbance permit on any phase, parcel, section or project, the Corps of Enqineers must approve the wetlands delinaatien as well as any ene=oach~ents into wetlands for that phase, parcel, section or ~roject. 1~. Ther~ ~hall be no sale er consumption of &lccholio beverage~ in conjunction with the operation of any restaurant operatsd aa an accessory u~e to the clubhouse or pro shop in th~ property. 94-147 16. 17. 19. 20. 21. 23. There shall be no attention getting devices (i.e.~ gorillas, elephantms windmillm, or thc like) installed or maintained as a part of any minlaturs golf use on the property lying east of the CSX Railway right of way which Batting cagem in,tailed on the property lying east of tho r~idences in He,lin ~stat~a by a~d with evergreen plantings and tree~. Access to Chester Road shall be limited to one entrance/exit. This access shall be located approximately 500 feet north of the chester Road/Hamlim Avenue intersection, subject to Army Corps o£ ~ngineers' approval relative ts crossing any wetlands. The exact location any access to chester ~oad shall be approved by th~ Transportation Department. To provide for an adequate roadway system at the time of complete develaDment, the 4eveloper shall be respunsibl~ fo= the following: A. Construction of additional pavement along Chester Road at the approved access ts provide left and right turn B. Dedication to Chesterfield County, frae and unrestricted, OS any additional right o~ way (or easements) required for the improvements identified Prior to ~ite plan approval, a phasing plan for required read improvements, identified in Proffered Condition 20 shall be submitted to and approved by the Transportation There shall be no recreational facilities or accessory of the property lying east of the CSX Railway right of way Railway right of way is developed ~or residential use, the Aucess to this residential developmen~ shall be provided lauatlon of this public re~d shall be approved by the tentative subdivision review. Provided, however, that construction vehlcle~ for realdentlal ~ev~lep~ent via Centralia Station to Centralla Road shall not be permitted r~cor~ation uf the first ~ub4ivision plat west of the CSX Railway, whichever occur~ first, a right of way for ~opkiBs Roa~ ~x~ension, of sufficient width to comply with (90) feet, ~hall be dedicated through the subject property, free and unrestricted, te and for the benefit of Chesterfield County. This right of way shall be ss generally depicted on the plan prepared by Charles C. Townss and Associates, P. C,, dated January 31, 1990, as revised on Ja~ua~y'I0, 1~1. Th~ e~dt: l~cation of thi~ rlgh= sf way shall be approved by the Transportation Department. In the event that Hopkln~ Road Extension though the subject property is deleted fro~ the Thorouqhfar~ PLED, this right of way width may be reduced as 4etermined by the Transportation Department, bused on the f~nctional classification of the road. Purther, any dedicated right of way width not required for this road shall be reconveyed to the owner/d~veloper upon written request for such reconveyance by the owner/developer to the Transportation Department. To provide for an adequate roadway system for any residential development on the property lying we~t Of CSX Railway right of way, the developer ~hall be responsible fo~ the following: A. Con,traction of a t~o (2) lane public road from Centralle Road to the subject property, bu~ in no event shall the owner%developer be r~qu]r~d to ~on~ruct more than 1,~oo lineal feet of this publi~ road. B. Construction of additional pavement aloug Centralla Rea~ a~ the approved public road intersection to provide left- and right-turn C. Dedication to 'Chesterfield County, free an~ unres=rlcted, of any additional right of way (or above. 27. Prior to tentative subdivision approval, a phasing plan for required read improvements, identified in Proffered Condition 26, shall be submitted to and approved by the Transportation Department. ~. Facdl~tiem nhall be designed so as net to generate sound levels above 65 dba ~etween the hours of 6:00 a.m. and 9:00 p.m., Sunday through Thursday, an~ 6:00 a.m. and 10:00 p.m.~ Yriday and ~aturday, measured at the point on D~ring all other times, facilities shall be designed not to generate noise levels above 55 dba measured at the point on the property boundary closest to the noise. ~here ~hall be no timberi~ ar other ~learin~ ~¢ti¥ities on the property lying we~ o£ tbs ¢$X R~ilway ri~h~ of nntil s Land Digtnrb~ne~ Permit has b~en i~ued by Aye~ ~r. Co~be~ ~_r. Me. als, F~r. ~arber, and Mr. Warren. Abstention: ~r. Daniel. 94-14~ On m~ion of Mr- Colber%r seconded by Mr. Mc~ale, the Board braakfas~ meeting with ~h~ Legislative Delegation Vote: Unanimou~ Whale~ M. Colbert chuirmun ~/~3/~ 94-~50