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05-24-1995 MinutesBOARD OF S~ERVISORS Supervisors in Attendance= Hr. Arthur S. Warren, Vice Chrm. Hr. Edward B. Barber Mr. ~srry G. Daniel Dr. Freddie W. Nicholas, Sr. Mr. Lane B. Rameey COunty Administrator St~ff in 0ffic~ on ~outh M~, Craig $. Bryant~ Dir.~ utilities Ms. Marilyn Cole~ Exec. Asst. to County Admln. Asst. Co. Admin., Legis_ SVCS. and Intergovern. Affairs Mr. William D. DuDler, Building Offioial Chief Robert L. Danes, ~ir., Planning Mr. Leu Lassiter, Dir., Internal Audit M~. Mary Lou Lyle, Dir., Accounting Mr. Robert L. Masden~ DeDuty Ce. Admin., Mr. R. John McCracken, Dir.~ T~anspo=totion Mr. Richard M, McElfish, Dir., Env. Engineering Mr. ~a~y R. ~¢Loren, Dir., Economic Hr. Stoven L. Micas, County Attorney Dr. William Kelson, Dir., Health Dir.~ Public ~ffaivs Dir., ~enerut Services Col. J. ~. Pit~men~ Jr., ~s. Theresa M. Pitts, Clerk to the Board Mr. James J. L. Mr. M. D. stith~ D~puty Co, Admin,, Community Development Mr, Frederick Willis, Dir., E~ma~ Resource Mgr. Mr. NcHal~ called th~ regularly scheduled me,ting to order ~:QQ p.m. 95-3~8 5/~4/95 1. APPROVAL OF HINUTES 1.A, MAY 1_9.. 1995 On ~otion of Dr. Nicholas, ~econdad by ~r. Barber, the Board approved tho minutes of May lO, 199~ as amended. Vote: Unanimeus 1.B. ~A¥ 1~t 1995 On ~o~ien of ~r. Barber: seconded by Dr. Nicholam, th~ B~ard approved the minutes of May 18, 1995, as submitted. vote: Unanimous ~r. Ramsay introduced Dr. Nelson who pr~ented a brief overview of the infant mortality rate for Chesterfield. Me ~tated the infant mortality rate in the County ha~ declined ever the past t/~irtaen years and noted many individuals~ care facilities, and programs in the co~unity have contribut~ ~s ~his positive trend. ~r. Ramsay then introduced Chief Earths to brief the Board on th~ rec~nt fire at the 01d Buokinghan Station Apartment Complex, Chief Eanes presented a brief slide presentation of the ~ire sate and reviewed the ~ira operation ~hich ~as undertaken; the initial report; time and initial r~pon~e; arrival conditions; total units on scans; Fire Department commitment to this incident; and e~ergsncy and community support. He recognized Fire Department staff and othsrs who assisted in t~e tire operation who Were present at the meeting. He then reviewe~ how the sprinkler system was instrumental in containing the fire in the stairwell and th~ area of the origin of the fire, wl%en asked, he stated s~rlnkler systems in attics were not r~quired for the apartn~nt complex as i% ~a~ built un, er l~S4 suit~ing ~en asked, Km. Dupler stated the current Building Co~e does not re~ir~ mpri~l~r syst~ns to be installed in attics apartment complexes. chief Ea~es c0~tihued to review the origin cf the fire stated th~ Fire Department ~ill be submittin~ a secsnd phase review of the fire to th~ County Administrator within the two Mr. Warren expressed aDpr~uiatiun fur ~h~ effor~ of involved in the fire operation and inquired as to what efforts the Department is undertaking ~o educate the public on unsafe practice~ which can lead to fire loss. Chief Ean~s stated fire safety issues h~v~ alreaiy started b~ing addressed through the medim and =he Fire Department will continu~ to co~unicate fire safety issue~ to the public. Nr. Barber stated h~ is proud of the effort~ of tho~e individuals involved in the fire operation and those who rendered service ~o the apartment r~ident~ in addressing were very appreciative of the efforts and services rendered by everyone involve~ in the fire operation, chief ~anes then recognized the Richmond City Fire Department who manned several Chesterfield fire stations du~in~ the fire~ Hardeas, and other food agencies, for donating feed to the fir~fight~r~ and police officers. Mr. McHale expressed appreciation ho all involved in the tire operation. Mr. Ramsay stated Mr. McHale recently received a letter from the Richmond City Manager stating the City adopted a resolution expree~in~ appreciation ~o chesterfield for ~heir contributions to Operation Full Alert and for its ongoing joint police ooepermtive efforts with the City. ~. ~OA~D COF~H%~ RE~ORTS Mr. ~c~ale stated he end D~. Nicholas participated in Virginia State university's Graduation Ceremony on May t4 and noted Mr. Rameey was recognized for his contributions to the University Mr. Ramsay for the honor bestowed upon him. 4. REOUESTS TO POSTPONE A~TIO~, EM~RGENOY ADDITIONS, OH CHn~ES ~ ~HE ORDER OF ~RE~E~TATI0~ On motion of Mr. Barber, s=conded by ~r, Warren, the Doar~ a~dad Item 8.B.13., Set Dat~ for Public Hearing to Conside~ an Ordinance Establishing a school Reti~emen~ Symhem to follow %t~ B.B./~.b., Acceptance of P~rcel of Lend at Intersection of Interstate 29~, ~ea~owvi%le Road, and River's Bend Boulevard from Pioneer Properties, III, Incorporated and added Item ll,B.~ Executive Se~ion Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as ~ended, for Consultation with Legal Counssl Relating to HBAR versus Du~ler end ~eard of suDervisore and Natlonal Association o.~.~p~ebuilders, et al. versus Ceuntv to be heard with Ite~ 11., Executive Session Pursuant to Section ~.I-~.A.i.~ Code of Virginia, Relating to the ADpointment and Resignation of a Board Appointee and, a~p%e~ Veto: Unanimous OF TRANSPORTATION Mr. ~¢Cracken in%reduced ~r- Wi~lien T. Reynolds, A~istant Resident Engineer for the Virginia ~c~artment oS stated the County will mis~ Mr. Reynolds dedicated service. WHEREAS, Mr, William T. Reyneldo wac e~pteyed by the Virginia Department of Tran=portatlon in 1~56 and served in Maintenance Division, where h~ wa~ remponsible for all 9coition of Assistant Resident Engineer for Maintenance in Chesterfield County where he directed the maintenance of 5/24/95 WHE1LEA$, in 1986, Mr. Reynolds a~sumad th~ respo~slbili~ies of %he Ccnstructlon ~ngineer for Chesterfield; WHEREAS, under Mr. Reynolds' capable leadership, major improvements to Chester£ield's t~anspor%atlon network have accomplished; and WHEREAS, these accomplishments includ~ the construction of 360, and the Route 36 grade separation; ~id~ning of Route 10, Route 147, Route 60, ~urn~r Roa~ and Hopkins Road; reconstruction of Quells Rcad~ P~ovldence Road, North ~ail~y Bridge Road, Ruf£in Mill Road, and Courthouse Road; end completion of t~e RoUte 60 ~eautificat~on 9reject; and WHEREAS, Mr. Reynold~ has continuously conducted the business of the Virginia Eepartment of T~ansportatisn in a very professional, efficient, and e£~eotive manner; and WHEREAS, the Board of Supervisors has enjoyed an wearing relationship with Mr. Reynolds; and WHEREAS, Mr. Reynolds retired from the Virginia appreciation to Mr. William T. Reynolds for his outstanding wi~hes to M~. ~aynolds for a ha~py and successful retirement of virginis. expressed appreciation for his dedicated service te the Virginia Department of Transportation and County residents, and wished him Well in hie rutlrement. with county ~taff. 6. WORK 7, DEFERRED ITEMS o CONSIDEP~%TION O~ REOUEST OF ~DVANCE ENERGY SYSTEH~ FOR MODIFICATI0~ O~ AI~ORT I~DU~TRIAL PARK SIDE YARD RESTRICTIONE Systems for modification of Airport Indus=riml Park side yard this reGuest. On motion of Mr. Daniel~ seconded by Mr. Barber~ the Board withdr~w a request from Advance Energy Systems for consideration of modification of Airport Industrial Park aide yard zes~rictiono. S, NEW EHEINE~E 8,A, STREETLIGET INSTALL~TIO~ COET APPROVALS On motion of Mr. Barber, seconded by Mr. Warren, th~ Board approved a s~rootli~ht ins~llation coot approval for Trevillian Road, vicinity of ~g3l, in Midlothian ~agisterial District, in the amount of $252.74, with said funds being expended from the Midlothian District Streetlight Fund. Vote: Unanimous in the a~ount of $47,695, %o be a~minis~erod by the Court Vote: Unanimous APPROVAL FOR POLICE DEPARTMENT TO APPLY FOR INTENSIFIED On motion of Mr. Daniel, s~ccnd~d by Dr. Niuhulaa, the ~eer~ w~ie~ woul~ provide e~uipment and supplies for the multi- appropria~e~ %he =oral qran= amount of $I33,900 if approval is local march will bo met by cont~ihution~ made from all other Ch~sterfiel~ eon%rlbut~om $5,340; Colonial Heights contribution $1,340; ~opew~ll contribution - $1,~40; Petersburg contribution - $1,340; and Virginia State Police Depart_mant of Criminal Justice Services - $127,200; for a total grant amount of $133,900.) I~ORPORATED ~OR CLOVER HILL ATHLETIC COMPLEX. P~A~ On notion of Mr. Daniel, seconded by Dr. Nicholas, th~ Board auth0ri~d the County Administrator to execute a uuntrect with Leadbetter Construction, Incorporat~d~ ~n the amount of $~9,O00, for site work construction for the Clover Athletic Complex, Pha~e On~, which includes two youth baseball/softball fields, athletic lighting~ and related p~rking. <It i$ noted funding is available through the i~S$ Bond Referendu~ and the capital Projects Account+) 8.B.~. APPRO~RT~TION DF FUNDS ~D DESIGNATION OF P~OJ~OTS ~Oa appropriated $50,000 from the ~aserv~ fur Ca9ital Projects, Road Fund; approved the updated Chesterfield Read Fund Project matching allocation to any County for designations by the maintain, or improve ~rimary end secondary high~ay systems has notified the county that $50,000 is the maximum amount of Chu~terfield County funds ~ha= will b~ matched by th= S~ate a~ a supplemental FY94-95 allocation. County Board of Supervisors apprcpriat~ $5u,000 from the AND, BE IT FURTHER R~$OLVED, that ~he FY94-9~ supplemental funds be allocated for the following projects: from Huguenot Road %o the Richmond City Limits Construction ($1S,044 VDOT and $15,0A~ County) Construction ($34,956 %~OT and $~4,95~ County) (It iz noted a COpy of the Road Fund ~roj~et Development schedule is filed with tn~ papers of ~his Board.) CENT ROAD FUND E.D.6.a. RRPAIRS TO LUCKY DEBONAIR L~NE On ~otion of Mr. Daniel, seconded by Dr. Nicholas, the Board appropriated $~,8~0 from the Matoaca District Three Cent Road Fund for the purchase of materials for installation of an underdraln ~ehind 136~6 Lucky Debonair Lane and a portion of 1363~ Lucky Debonair Lane. Vote: Unanimous ~.E.6.b. RB~AIRS TO ROWANT¥ COURT On ~otion of Mr. Daniel, seconded by Dr. Nicholas, the Board appreprlated $1~500 from the Hat,mca Distriut Three Csn~ Roar Fund for repair~ ~o Rowanty Court. Vote: Unanimous 8.E.?. APPROVAL OP SONDOL BO;t~D T~IRD OUARTER APPROPRIATION O~ motion of Mr. Dami~, ~c~nded by Dr. Wicholas, the Board approved the following resolution: W~EREAS, ~ale~ in the Storeroom and Warehouse Service Fund fiscal year than had been anticipated- NOW~ THEREFORE DE IT RESOLVED, tha~ on marion of ~rs. Davis, seconded by Dr. ~ohnson, the Zchool Board dees hereby request the Board of Supervisors to increase the Storeroom and B.B.S. ~PPROVAL O~ CHANGE ORDER TO ADKI~ CONSTRUCTION COMPANY Ettrick/Matuaca Branch Librariss improvsmsnts projsot. Vote: Unanimous On motion of ~r. Daniel, seconded by Or. Nicholas, thc Board approved a raffle permit for Everqreen Athletic Association for calendar year 19b~. vote: ~namimous 8.B.10. STATE ROAD A~OD~TARCE Thee day the County Environmental Engineer, in accordance with directions from this Boardr made report in writing upon his examination of the roads in Bsrmuda Orchard, Section 1, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department cf Transportation has advised the D/rector of Environmental Engineering, the streets in Burmuda Orchard, S~ction 1, Exrmudu District, meet t~e reguirements establis~e~ by the Subdivision Street Recruirem~nts of the Virginia Department cf Transportation hav~ entered into an agreement, recorded in Deed detention/retention facilitie~ in th~ County. 95-324 5/26/95 Therefore, upon consideration whereof, and on motion of Mr. Daniel, secon~e~ by, Qr. Nicholas, it is resolved that the rouds in Bermuda Orchard, Section 1, 5ermuda District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and 5s hereby requested to take into the Secondary System, pursuant to section 33.1-~29, Code of Virginia, and tbs DepartMent's Subdivision S~reet Requirements, the following: Name of Street: Green Orchard Drive Length: 0.24 ~ile From: Bermuda Orchard LanQ, Route 828, 0.1S mile south of Okuma Drive, Route 24~ To: the cul-de-sac~ 0.24 mile east of Route 828 Guaranteed Right-of-Way Width: 50' feet. Name of Street: Green Orchard Court Length: 0.10 mile From: Green Orchard Drive, Q.O~ mile ¢ast of Route 828 TO: the col-da-san, O.1O mile north of Green Orchard Drive Guaranteed Right-of-way Width: 50' feet. Name of Street: Orchard Leaf Place Length: 0.04 mile From: ~reen Orchard Drive, ~_0~ mile east of Green Orchard Court To: th~ cul-de-sac, 0.0~ mil~ South of Groom Orchard Drive Guaranteed Right-of-Way Width: 50' feet. Name of Street: Green Apple Court Length: 0.05 mile From: Green Orchard Drive, 0.03 mile east Of Orchard Leaf Plaoa To: the cul-de-sac, 0.05 mile north Guaranteed Right-of-Way Width: 50' feet. This request is inclusive uS the adjauant slope, ~ight distance, clear zone and designated Virginia Dmpartment Transportation drainagm sa~ement~ indicated on ~he developmnnt plat. Th~se reads serve 46 lots. This section of Bermuda Orchard is recorded as S~ction 1. Plat Rook ~l, Pag~ 56 & ~?, 3uly ~l, Thi~ day the County Environmental Engineer, in accordance with direction~ from this ~oard, made repor~ in writing upon his examination of the roads in The Gardens at Bellgrade, Midlothian District, and ~he~eas, the Resident Engineer £or the Virginia Department of T~anapo~tatien has advised the Director of E~vi~onme~tal Engineering, ths streets in The Gardens at Bellgrade, ~idlothian District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Tran~portation~ and ; I I~L L J I, i __ Whereas, the County and tke Virginia Department of Book 2455, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. Daniel, seconded by Dr. Nicholas, it is resolwed that the roads in The Gardens at Bellgrade, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that t~e Virginia Department of TransportatXon, be and is hereby requested to take into the Secondary System, pursuant to Section 33,1 229, Code of Virginia, and the Department's ~ubdi¥ision Street Requirements, the following: Name of Street: Annakay Crossing Length: 0.39 mile From: Polo Parkway, 0.1~ mile north of Huguenot Roadt Route 147 To: Sugarberry Lane, 0-05 mile east of Sugarberry Lane Gua~&ntead ~ight-uf-Way Width: 5~' feet. Name Of Street: Annakay Terrace Length: 0.04 mile From: 0.04 mile wast O£ Annakay Creasing To: Annakay Creeping, 0.1S mile north Guaranteed Right-of-We~ Width± 40' feet. Name of Street: Sugarberry Lane Length: 8.42 mile From: end of cul-de-sac, 0.05 mile west of Annakuy Crossing To: end of cul-de-sac, Q.~Q mile ~outh of Garden view Points Guaranteed Right-of-Way Width: ~0' feet. Name of Street: Leathsrwood Way Length: 0.04 mile From: Sugarberry Lane, 0.0~ mile ~a~t of Annakay Crossing To: end of cul-de-sac, 0.04 mile north of Sugarberry Lane ~uarant~ed Right-of-Way Wi~h~ 40' feet. Name of Street: Sweet,pits Ridge Length: 0.0~ mile From: Sugarberry Lane, 0,06 mile east of neatherwoo~ Way To: end of cul-de-sac, 0.06 mile north of Ougarberry Lane Guaranteed Right-of-way Width: 40' feet. Name of Street: Whistlewood Court Length: 0.06 mile From: Sugarberry Lane, 0.0~ mile mouth of Sweetspire Ridge To: end of cul-de-sac, 0.06 mile east of sugarberry Lane Guaranteed Right-of-Way Width: 40' feet. Name of Street: Garden V~ew Po~nte Length: 0,Q~ mile From: Sugarberry Lane, ~.10 mile north of ~nd of souther~ost cul-de-sac of Sugarberry Lane TO: end of cul-de-sac, 0.0~ mile we~t of ~ugarberry Lane Guaranteed Right-of-Way Width: 40' f~et. This request i~ inclusive of the adjacent elope, sight distance, clear zone and designated virginia Department of Transportation drainag~ ~a~ements indicated on the deve!oDment plat. These roads serve 86 lots. The Gardess ~t Betlgrade is recorded as f011ow~: Plat Book 72, Pages 83, $4, & 85, September 6, 1990. On motion of Mr. Daniel, seconded by Dr. Nicholas, fha Beard approved a request from Bert Associates for a concrete driveway to encroach within an exis=ing eixteen foot wide water easem~nt~ subject to the execution of ~ license agreement, (It is noted a co~y of the vicinity sketch is filed wifh the papers of thi~ Board.) Vote: Unanimous 8,B.11,D. MR, ROLF AND He. F~%M~LA M~-NN FOR A FENCE TO EmCROACH WITHIN A~ EXISTING ZIXTEE~ FOOT DRAINAGE EASEHENT O~ ~OtiOn Of ~r, Daniel, seconded by Dr. Nicholas, the Board approved a request from Mr. Roll and ~s. Pamela Mann for a fence to encroach ~ithin an existing sixteen fo~t drainage easement, subject to the execution of a license a~reement, lit is noted a copy of the vicinity sketch is filed with th~ papers Vote: Unanimou~ B.B.11.O. MR. HENRY E, ~ND MS. VIRGINIA B. HYERB TO INSTALL apprc¥~d a request from Mr. Menry ~. nn~ Ks. Virginia B. Myer~ to extend a private water eervlce from the County waterline in Chesterfield Meadows ~est to a proposed heu~ on Lot 1, BiO~ A, Graenyard ~ubdivision, 67Q0 Greenyard Read~ subjeot =o fha execution and recordation of an agreement acceptable to thc County Attorney. (It is noted a copy cf the vicinity sketch i~ filed with the papers of this Board.) vote: Unanimous On motion of Er. Danielr seconded Dy Dr. Nicholas, the Board accepted, ca behalf of the County, the ccnv®yance of a parcel of land containing 9.03~ sores along Dyer Lane [State Route ~297) from The Upper Room chapel and a~thorlzed the County Administrator to execute the necessary deed. (It is noted a ca~y o£ the 91mt is filed with the papers Df this Board.) On notion of Mr. Daniel, seconded by Dr. Nicholas, th~ Board accepted, en behalf of the County, the ~snveyanca of ~ parcel of land containing 41.~2 aor~s at the Inters~ctlon of noted a espy of the plat is filed wi~h the papers of ~hie SET DATE FOR PUBLIC HEARING TO CONSIDER AN ORDINANCE ESTABLISHING A SCHOOL RETIREMENT BYBTEM On ~otion of ~r. Daniel~ seconded by Dr. Nicholas, the Board se= =he dare of dune 2S, 1995 a~ 7:99 p,~. for a public hearing to cunsid~r an ordinance establishing ~ school retirement JU~I~ILE CORRECTIONAL F~CILITY OUTSIDE ~ON AIR Mr. Warren inquired as to an update on this issue. Mr. Ramsay r~vi~w~d th~ chronological order of event~ relating to this request. When asked, ha stated the General Assembly has approved funding for the erpan$ion and na County approval~ would tske place on thi~ prc]ect becauee State project~ are n~t ~ubject to ~oning, site plan r~view~, etc. He further s~ated it im hi~ understanding that the current status i~ the State hm~ the authority to move forward with the project. He noted the county ~trengly recommended public inpu~ be reoeived on this issue prior to implementation of the project and s~ated a meeting wa~ held several weeks age. Mr. Barber stated he vi&ired the site with the Senate at that time. He further stated the County was contacted this received on thi~ i~sue. Me stated funding was monitored at the G~neral Aseembly level and i~ was learned through th~ media v~te ~e~ion and that there had been no citizen input prior to the final vote. He further otat~d approximately one month ago, he wrote to the Secretary of Public ~afety requesting a one y~ar delay in the funding request to allow for citizen input bean appropriated, a public hearing Nam held in which approximately ~OO residents attended and expressed their and at the me~t~ng, residents were informed the appropriation bill was site specific, when it was nat. Ee further stated the appropriation has been made at this point in tJm~ and only tho Governor can change the appropriation and that he has written to the Governor and ham not r~c~iv~d a r~ponme to dat~. ~ stated he has letters from Senator Joseph Benedetti and Delegate John Reid requesting the Governor to reconsider the expansion at the Bom Air cite and requested the Board to ~upport the resolution. 95-32S 5124195 available regarding %he Ben Air expansion when the Board met with the General Assembly Delegation in December and whet~ar the oppor~unityhas been missed to mak~ the proposed resolution effective since a decision has already be~n made. Mr. Barber stated he is uncomfortable with correspondence indi~at~Dg the local government should have info.ed the D=blio on this locus when the project is under the purview of the ~tate and, therefore, should have been ad~ressed at the State level end not the local level. He reed into the record and referenced portions of letters fram Delegate Reid end Senator Benedetti expressing their concern~ about the proposed Ben Air site and the expansion being for a different t!rps of facility than what i~ currently in Dlac~. He restated the appropriation is not site specific and e~ated the Governor is the only person who can mare a decision at thi~ point. He requested the Board to support the proposed resolution. Dr. Nicholas a~a=ed he is alarmed that neither the Secretary of Public Saf~ty nor the Sovernor have responded to th~ r~Gu~st Cf ~ ~u~lic of~ioial. ~e further orated he feels the needs of the constituency should be responded to and th~ Board should make an expression by ~upp~rtieg th~ proposed resolution. Mr. Daniel ot~ted he will support the resolution and u~ggestad th~ paragraph stating that ~orthern Virginia and Tidewater do not have juvenile learning centers be deleted and the wording in the next paragraph be amended from, "facility can be moved to a more appropriate location~', to read "facility could be moved to a more appropriate location". Mr. Barber stated he ~ccep%a %he suggeete~ amendments to the proposed resolution. Mr. Warren requested that it be incorporated in the resolution that Senator Benadetti eno Delegate Reid have written letters requesting tko Governor to reconsider the expansio~ at the Don Air si=e. There was brief discussion reta~ive to the appropriate verbiage tc amend the rc~oluticn. It was generally agreed to defer consideration of adoption of the resolution until ~he evening agenda ~c allow the resolution to be amended as suggested. facility i$ clearly net wanted in this area and t~e resolution i~ the appropriat~ m~ehanis~ to voice the Beard's concerns about this issue. On motion of Mr. Barber, ~eoonded by Mr. Warren, the Board tabled consideration of adoption of a resolution requesting the Commonwealth of Virginia to construct its proposed 180-bed juvenile correctional facility outside Son Air until the evening session of the e~enda. Mr. Warren r~quested that the Board members receive copies of others who have submitted corrmspond~nce on this issue. Claims scheduled. REPORTS On motion of Dr. Nicholasr seconded by Mr. Barbe~, the Board status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and street Light Funds; Lease Purchases; and School Board Agenda. Vote: Unanimous II. EXECUTIVE SESSION PURSUIT TO SECTION ~.l-M44A.%.. CODE OF A BOARD APPOINTEE Ai~D PURSUANT TO SECTION 8.1-344A.7.. SUPERVISORS AND NATIONAL ASSOCIATION OF KOM~B~ILDER~, E~ On motion of Mr. Warren, seconded by Dr. Nicholas, the Board went into Executive Session pursuant to Section of a Board appointee and pursuant to Section 2.1-344A.7., Code counsel relating to HBAR versus DuDler and Board of Supervisors Vote: Unanimou~ On notion of Mr. Barber, seconded by Dr. Nicholas, the Board adopted the following resolution: WHEREAS, the Board of Sup~rviaors ha~ %his day adjourned in~o ~xecu~ive Session in accordance with a formal vote of the Board and in accerdanoe with the provisions of the Virginia Freedom of Information Act; and %7HEREAS, th~ Virginia Preedom of Information Act ef£eotive July 1, 19s9 provides for certification that such Executive Session was conducted in conformity ~ith law. NOW~ THER~POR~ BE IT R~O~V~D~ the So,rd 0£ ~upervisors does hereby certify that to th~ be~t of each membe~o knowledge, i) only public business matters lawfully exempted from open meeting requirmment~unde~ the Freedom of Information Act were discussed in the Executive Session to which this certification applies, and ii) only such public buslnass matter~ as were identified D~. Nicholas: Aye. ~r. Daniel: Aye. iS. DINNER O~ motion Of Mr. Barber, seconded by Dr. Nicholas, the Board recessed to %he Adminls~r~tion Building, Room ~0~j for dinner. Vote: Unanimous Rmve~end Bale ~rn~r, Pamtor of Point of Rocks Baptist Churoh, ~ve %he invocation. 14. PLEDGE OF ALLEGI~NC~ TO T~E ~L~ O~ THE UNITED STATE~ OF A~ERIOA Mr. Gary MoLa~an led the Pledge of Allegiance to the Flag of the United ~tatss of Amerioa. suspended its rules at thi~ time to add an item to the agenda. on mobio~ uf ~. ~arren, s~conded by ~r. Barber, the Board Ordinance to Establish Two Sewer Assessment Districts for a Total cf Twelve Lots in Stonehenge Subdivision, to folle~ Item 8.B.1., Adoption of R~solution Requesting that the Commonwealth sf virginia ts Construct Its Prcpese~ 18g-Bed Juvenile Correctional Facility Outside Son Air. Vote: Unan%mou~ 15. RESOLUTIONS A~D ~PE~IAL RECOGNITIONS O RECOGNIZING }/AY 21-27. ~99~ AS "INDUSTRY APPRECIATION W~EK" IN C~E~TERFIELD C0~NT¥ Mr. McLaren stated Chesterfield County ha~ beau ble~¢d wi~h a diverse industrial baas and sho~ed a brief video p~e~entation that recognizes the div~r~e and sophisticated manuXaoturing industry base in the County. He then introduced ~r. Robert P. Fingerhut, Vlc~ President of ~anufacturing~ and Mr. Keit~ Jones, Human Resource ~ana~er for Carter-Wallace, Incorporated; Mr. Todd Farmer, vice President O~ 0p%ration~ for Emi Componentu, Incorporated; Mr. Tommy Williams, ~resident of ~oore sign Corporation; Mr. David Alwood, Assistant Plant Manager of Woks Chemic~l~ USA, Incorporated; ~r. Tom ~cKinley, Vice Prasldsnt/Secratary uf Shoesmlth grubbers, Incorporated; and Mr. Joe Girone, President of Process Engineering, Incorporated, who ~are present to receive %he resolutions. On motion of the Board, ~he following resolution was adopted: WHEREAS, Chesterfield County has been blessed w~th a strong ~anufacturing base throughout its history beginning with the Falling Creek Iron Werk~; and WHEREAS, Chesterfield is the home of diver~e manufacturerm ~aking an array of products ranging £ro~ specialty ~ynth~tic fibers and gas turbines to ~edical devices end food p~oduotm; WHEREAS, ~hess manufacturers are both domestically and internationally based and range in size from v~ry small entrepreneurial based eompanies~ which ~ake up 71 percent o£ the total, to 19 companies with lO0 or more employees; and WHEREAS, there are more than 150 manufacturing facilities located in chesterfield employing more than ll,~0 or 1~ percent of the jobs in the County; and WH~A~, total manufacturing wages are more than SA~0 million annually with an average aalary of $3~,000, comprising almost 20 percent of the wages paid by all businesses in Chesterfield county; and services the County provides to its citizens such as schools, libraries, parks and recreation, and social mervicem proqrams; WHeReAS, the taxes businesses pay are critical in offsetting these services to our rapidly growing residential sector; and WHeReAS, industry ~ake$ an activ~ role in making the organizations, schools, recreation, the arts, and other WHBR~J%S, the total impact o~ industry establishes it as a support our high quality of life. located in Chesterfield for their many contributions to the AND, BE IT FURTHER R~$OLVED, that the Board of Supervisors expresee~ it~ appreciation to th~ industries for their contributions by recognizing May ~1-27, 199~ as '~Industry Appreciatisn W~ek", and Mr. Gircne and expressed appreciation for locating their APPROPRIATE $1.500.000 IN 8TAT~ R~V~NU~ FOR D~SISN OF to appropriate $1.~ million in State revenue for design of Dr. Nicholas stated thim im a very important project as it will enhance economic development by serving industries in the area. 95-332 5/24/95 Dr, Nicholas then made a motion, seconded by Mr. Daniel, for the Board to appropriate $1.5 million in anticipated virginia Department cf Transportation (VDOT) reimbursements far de~ig~ of the Interstate 95/Wood~ ~dge Road Interchange and to authorize th~ County Administrator tn enter into the necessary VDOT/County design agreements acceptable to the County Ab~orney. Vote: Unanimous OF VIRGINIA TO CONSTRUCT IT~ PROPOSED 186-B~D Jt~VENIL~ CORRECT%O~AL F~CILITY OUTSIDE BON AIR (continued) Mr. Barber stated this issue was addressed earlier in the day and briefly reviewed the amendments to the proposed resolution. O~ ~otio~ of Mr. Barber, ueccnded by Dr. ~i~holas, the board adopted the following resolutisn: of a new 18Q-bed mediu~ security correctional facility for juvenile males at the Boa Air Learning Cen~er site; and Wff~AS, much of the property used for the Bon Air purpose of educating and training girls an~ tha~ the WHEREA$~ ~he existin~ juvenile facilities in Boa Air are ~urrounded by residential neighborhoods; and WHEREA$~ funding for t~e facility hau been approved with little opportunity for public input from the residents of chesterfield Ceunty~ and that it will negatively affect the quality of life and property ~acility for males is too large for the site and would result in a~ inappropriate mix of typ~ of juveniles creating a prisons will not be built in places where the people affected are opposed ts ~he construction; and WMEREAS~ Secretary of Public safety Jerry Kilgo~e has WHERF~.S~ since the existing aDpmepriation does not ~esignate a particular site for the new correctional facility, proposed location of the juvenile corr~ctiunal facility from Boa Air. 95-333 5/24/55 NOW, THEREFORE DE IT R~$0LV~D, that the Chesterfield County Board of supervisors urges Governor Allen to relocate the proposed tS0-bed correctional facility for the Ben Air Learning Center site to a more appropriate site. DATE FOR PUBLIG HEARING TO GOW$IDER OHDXNANCES TO Mr. Warren stated hs wuuld lik~ the Board to set a date for a~m~ment 41~tr~¢%~ in Stonehenge Subdivision. On zotion of Mr. Warren, seconded by Mr. Daniel, the Board In Bermuda Magisterial District, ~NDOLBK E. BROWDBR, SR. requests renewal of Mobil~ ~om~ ~rmit ~ROOT0 to park mobile home in e Residential (R-?) District. The density of this proposal is approximately ~-~ units per acre- comprehensive Plan designates t~e property for regional m~×ed of Ma~wood Street~ from a point approximately 160 feet we~t of Se~inol~ Avenue, and i~ better known a~ 10610 Ravind~le Avenue. Tax Map 9S-6 (3) Bellmeade, Block 6, Lets 18 threugh 23 [Sheet Mr. Jacobsen presented a ~um~ary 0£ Ca~ 95~R02~4 and ste~f reoo~L~ends a thirty-day def~rrul of the requ=st tO allow staff to ad~ress technical flood blain issues. On mstion of Mr. ~cMale~ seconded by Dr. Nicholas, the Board deferred Case 95SR826~ until JuD~ 28, Vote: Unanimous 95SR0279 In Bermuda Magisterial District, ~ATRICIA J. FLEMIN~ requests renewal of mobil~ home permit SSSN00?4 to park a mobile home in a Residential (k-7) District. Tho density of ~his proposal is approximately 3.33 units per acre. T~e Comprehen~iv~ Plan designates the propmrty for ~ssidantial use uf 2.51 to 4 uni~a per acre. This property front~ the north line of Pre.rye Bluff Rea~, approximately 75 fee% east of 01d Plantation Road, and is better known as 2674 Drewrys Bluff Road. Tax Map 67-~ (1) Par=el 42 (Sheet 23), subject to ~tandard eondition~_ He further stated the applicant has requested that Standard Cendition I be amended to allow the applicant's uncle to be the occupant o~ ~he mobile home and staff recommends cendition 1 be emended. He ~tated th~ applicant also requested that standard Condltlun 2 be amende~ =o allow the mobile hems te be rented, however~ staff fe~l~ allowin~ the mobile home to be rented does not meet the spirit and intent of permits for mmbil~ h~mes, therefore, staff does not support amending Condition 2. Ka noted the mobile home is located in an area demignated by the Jefferson Davis C~Plan. Mr. Danlel stated family members have been allowed to reside in ~obile homes in the past, however, he was not certain what limits might have been placed on %he de~inltien ef "family Mo. Patrieia J. Fleming stated the family member who would be residing in the mobile hems is an elder uncle and this would most likely be her last r~quagt for renewal of thi~ mobile home permit. There was no opposition present. On ~otion of Mr. McHale, seconded by Mr. Daniel, the Board approved Case 9~$R0279 far seven (7] years subject to the 1. ThE applicant ohall be the owner of the mobile hems. The mobile home shall be ocoupia~ by the applieant'~ uncle, 2. Ne lot or parcel may be rented or leased for u~e an a mobile hOm~ ~i%e, nor shall amy mobile home be used for rental property. Only one (1) mobil~ home shall be p~rmitte~ to be parked on an indi~idua! lot e~ pa~oel. 3. Tho minimum lot size, yard setbacks~ r~quired front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile hom~ ahall be located olu~ar %ham 20 feet to any axistin~ 4, No additional permanent-type living space may bo added onto a ~obXle home. All mobile homes shall be skirted hut shall not be placed on a permanent foundation. 5, Where public (County] water and/or sewer are available, they ~hall b~ used~ shall then obtain the necessary permits from the office of the ~uilding official, T~ie shall Da dena prier to the A~y Violation of the abo¥u conditions shall be grounds for revocation of the Mobile Home Permit. Vote: In Bermuda ~agist~rial District, GEORGE K, KOORE requests a mobile hems permit to park a msbile home in a Residential (R-7) District, The 4ensity of this proposal i~ approximately 2.2? unica per acre. The Comprehensive Plan designates the property for r~siden~iai use of Z.~i to 4.00 units per acre. This property fronts the north line of Botene Avenue~ at Pioneer Street~ in the vicinity of ~0O0 Boton~ kvenue_ Tax Map 67-~ (2] Rayon Parkz Block 20, Lets 18 through 2~ (Sheet ~). staff recommends approval ef the request for oeve~ years s~bjeot to standard conditions. He further stated the applicant has requested %hat s~andard c0ndi~ion 1 be amended to allow the applicant's son to be the occupant and ~taff located in an area designated by the Jefferson Davis Corridor Plan. Ms. Audrey Moore, representing the applicant, stated the recommendation is ~eceptabl~. There was no opposition present. following conditions: 1. The applicant shall be the owner of the mobile home. The mobile home shall be o~upied by th~ applicant's so~, M~, George A. ~oore, and his family o~ly. ~o lot or parcel may be rente~ or leased for use as a mobile home site, nor shall any mobile home be u~ed for rental Drnpsrty. Only ass (1) mobile hone shall be permitted to be parked sn an individual let or parcel. The minlmu~ lot size, yard setbacks, required front yard~ and other zoning requirements of the applicable z~ning district shall be complied with, except that no mobile home shall be located closer th~n ~0 feet to any existin~ 4. No ~dditional per~nent-typ~ l~v~ spac~ ~y b~ ~dded onto a mobile home. All mobile home~ shall be skirted but shall not be pl~ce~ on ~ permanent foundation, $. Where public (County) water and/or sewer are available, they shall be used. Upon bein~ qranted a Mobile Home Permit, the appliGant the Huildin~ Official. This shall be done prio~ to t~e installation or relocation of the mobile home, Any violation of the above conditions shall be grounds for ~ewocation of the Mobile H~me Permit. Vote: Ulan designates the proper:y for community mixed use. ~nie the west line of Ashlake Parkway, also frontin~ approximately the Planning Commission and staff recommends approval and acceptance ~f the proffered conditions. Me noted the request conforms to the UDDer Swift C~sek~len. Mr. James ~. Hubbard stated the recommendation is acceptable. Mr. Leu Lombard stated he feels this is a 9reject which will concerns relative to density an~ the impao~ on traffic. He Dr- Nicholas stated the Planning Commission and staff recommends apprev~l of this reguest and the request conforms to the ~per Swift Creek Plan~ He further Stated growth inevitable and he ~eels this proje¢~ will enhanse the area and, Commission and staff and he i~ in ~svor cf the request. conditions: 1. There shall be no direct access from the subject prspsrty to Ashbrook Parkway. 2. Access from the subject property to Ashlake ~arkway ~halI be limited as follows: A. If Aehlake Parkway is a two lane undivided road from p~ovided through the adjaceut property to the north (Tax ~ap 75-5 (1) Parcel 5). The assays shall be located approximately midway between Ashbrook ~as~ment(s) acceptable to the Transportation De~ar~ment shall be recorded. If Ashlake Parkway i~ a divided road from Route 360 to Ashbrook Parkway, direct access shal% be limited to one (1) entranca/e~it located toward~ the northern property line. The exact location of the Prior to the issuance of an occupancy permit, additional approved access to provide a right turn lane. The public wa~tewat~r ~y~tem shall b~ used. a. Al/ p~rmitt~d an~ restricted C-t uses. b. one (~] dinner thee%er. 6. All structures shall have an aruhltsc~ural style compatible with area residential neighborhoods. Compatibility may bm achieved ~hrough the use of similar building ma~sing~ materials, scale or other archit~atural featura~. 7. with the eRceDtisn of a dinner theatsr~ ns use ~hall be open to the public hetw~n the hours of lO:00 p.m. and shall be open to the public between the hours of midnigh~ and 5:QQ a.m. as to the public. In Matoaca Magisterial District, TRE CHESTERFIELD COUNTY CF SUPERVISORS requests Conditional Use to permit a group cars facility in an Agricultural (A) District. Continued operation of a greup care facility is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates the p~operty for residential use on 1 to 5 acre lets. This request lies on 3.5 Parcel 2~ (Sheet ~9). Mr. JacobPom Dr~z~nted a mummery of Came g5SN0250 and ~tated the Plannln~ Commission and staff recommends approval subject to conditions. He further stated although the request does not conform to the Southern and Western Area Plan, which designates the property for r~idential us~ on on~ to fiv~ acre lots, the facility has existed since 1989 with no apparent adverse impact on area land uses. Ms. ~ary Ellen Howe, representing the applicant, stated the recommendation is acceptable, M~. Leu Lombard stated although he feels the request is for a good project, he i= concerned about the manner in which eitizene were notified of the request, Dr. Nicholas stated he feels this request is a good project, that th~ Planning Commission an4 staff recommended appreval, and he ~upperts the request. Dr. Nicholas then made a motion, seconded by Mr. Daniel, for the So.rd to approve Case 9$SN0a~Q subject to the following conditions: 1. All structures shall have a residential a~chiteotu~al appearance. This shal! be achieved through the use of ~i~ila~ b~ilding mas~ing, materials, scale or other architectural feature. T~s architectural appearance s~all be approved by the Planning Department ~t th~ time of any site plan review, (NOTE: The existing facility meets thi~ requirement. This condition would apply to any additions, modifications or additional ~evelcpmcn~ on ~he regues~ 2. No mor~ than flf%aen (15] residents, e~clusive of s=aff, shall b~ housed at thi~ facility at any one time. Prier to site plan approval, furty~fivs (45) feet cf right cf way on the south side of Reedy Brano~ Road, measured from th% eent~rlina of that part of Reedy Branch Road immediately adjacent %0 =he property s~all be fr~e a~d ~st~ioted, to and for the benefit Vote: Unanimous In Bermuda Magisterial District, ~EN D. ~OLDER requests ravening from Community Business (C-S) to G~neral Business (C- 5) . The density of such amendment will be controlled by zoning conditions or Ordinance standards. Tke comprehensive Plan designates the property for g~neral c~tmerclal u~e. This request lies on 1~.7 acres fronting approximately 1,290 feet on the west line of Route i-95, approximately 1,300 feet north of Willis Road, also lying at the eastern terminus of ~orcliff Road. Tax Map 82-1 (1) Parcel 12 (Sheet 23]. 5/24/95 Er. Jacobsen presented a summary of Casa 959N0~51 and stated the ~lanning Commission and staff recommends approval sub,eot to on~ condition and acceptance of the proffered conditions. Me noted the request conforms to the Jefferson Davis Corridor Plan. ~r. Ben D. Holder stated the recommendation is acceptable. There was no opposition present. On mstlcn of Mr. NcHale, seconded by Mr. Bsrber~ the Board approved Case 955N0251 subject to the following condition: A buffer shall bo ~aintained along the entlr~ property frontage adjacent to Route 1-95. The exact width of this buffer shall be approved by the Planning Department at the time e~ site plan review. Existing mature vegetation within this buffer shall be maintained unless removal is approved through site plan approval. (P) And, further, the Board accepted the following proffered conditions: Vat e: Except far timbsrlng approved by ~he virginia state Department of Forestry for the purpose of removing dead or dis~a~d trees, ther~ shall be no timbering on the Property until a land disturbance permit ha~ be~n obtained from the Envlrcnmen=al Engineering Department and the approved devices have been installed. Public water and wastewater ~hall b~ used_ In Matoaca ~agisterial District, G & E CONSTRUCTION ~OMPANY requests rs~oning frO~ Residential (R-7) to community (C-3). The density of such amendment will bm controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates the property for community commercial This request li~s on 0-~ acres fronting approximately 50 feet on the north line of East R~ver Road, approximately 50 fe~t we~t of Ja~e~ street. Tax ~ap 152-9 (3} Laurel ~anch Barm~, Block 1, Lot 7 (Sheet 54). the Planning Commission and staff recommends approval and conforms to the Ettrick Village Plan. Mr. Sevin Thompson, represmntlng :ha applicant, stated the reco~endation is acceptable. There was no oppo~ition Dr. Nicholas stated he feels this project will improve the the request. the ~oard to approve Case 95SN0252 and to accept the following proffered condition: The public wastewater system ~hall ba u~ad_ Uote: Unanimou~ 5/24/95 In Clover Hill Magisterial Di~%rict, ~DC ~LT~ ~RVZ~E~, INC. requests amendment to Conditional Use Planned Development (Casa Co--unity Business (C-3) District. The density of ~u~h amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan designates ~he proper~y for light commercial and office use. This request lies on 5.1 {1) Part of Parcel~ 3 and 5~ (Sheet 14). th~ ~lanning Commission and ~taff recommends approval subject to one condition and acceptance of the proffered oondi~ien~. ~e nst~d the r~qu~st confor~ to the Powhite/Route Development Area Land Use and TransportatiQn_.~La~. M~. Mark ~reenber~ repre~ent~nq the applicant, stated the recommendation is acceptable. Thsre was nQ opposition present. Mr. Warren stated the request was approved by the Planning Commission and will enhance th~ ~urrounding area. Mr. Warren then made a motion~ seconded ~y Dr. Nicholas, for In addition to the u~e~ permitted on the subject property, commercial indoor recreational uses shall be a. ~is condition is in addition to condition of Ca~e 87S045. b. All other conditions of Case 87504S remain ap~tisable t~ the requss~ pr~per~y.) An~, further, for the Board to accept the following ~rof~ersd conditions: 1. No commercial indoor recreational us~ shall bs open bo public between the hours of 11:00 p.m. and 8:00 2. There shall be no sale or consumption of alcoholic bmv~rages in conjunction with any commercial indoor recreational u~e developed on ~e property. (NOTE: ~hese conditions apply to commercial indoor recreational US~s only, ~n~ weald ne~ ~estrict any otker use permit%e~ by Case 87S045.} Tn B~rmuda ~agisterlal District, DE?ELOPMBNT OgTION~, INC. requests rszon~ng from Liqht Industrial II-l) to Co~ity Business (C~3). A grocery sb~re i~ planned. ~owever, w~th approval of ~is ~s~uest, other c-~ uses wo~ld ba permitted. The density of such amendment will b~ controlled by zoning oond~t~on~ or Ordinance standards. The Comprehensive Plan designates the property for residential us~ of 4.01 to 7.00 units par acre and notes that the area is appropriate for large-scale plan of d~velopm~nt incorporatin~ a mix of office, oommaroiai an~ residential uses. This re~es~ lies on 8.6 acres fronting approximately 1~3 feet on th~ ~outb lice of Ired Bridge Road, approximmtely 16~ ~ee~ east of Ch~lkley Ro~d. T~X Map 114-10 (1) Part of Parcel 9 (Sheet ~1] . ~r. Jacobsen presented a su~mar~ of Case 95SN0259 and ~tated th@ Planning Commission and staff recommends approval and acseptanoo of the proffered conditions. He noted during the ~lanning Commission meeting, ~hs Qis~rict Planning Commissioner advised he would oo~ti~ue to work with the applicant to modify Proffered Conditions 2.d. and 4. Me stated since the applicant submitted these modifications after the cage was advertised, the ~oa~d needs to suspend their Rul~m o~ Procedure to c~nsidsr the amended proffered conditions. He noted the request csn~orms t~ the Central Are~ Land U~ and ~ansportatlon Plan. John Csgbi~l, E~u~re, r~pr~sentlng the applicant, ~tated the recom~endatlon is accepta~l~. ~ further g%a~d tko colors on the rendering are incorrect and outlined the correct colors including th~ building color being beige as opposed to yellow and ~reen; a red stripe mstchinq the name of the store; and an off~white facade being located behind the name of the store with a teal green standing seam roof that will be along the front to add color, ~e requested the ~uard ~o give favorable consideration to the request. On ~otion of Mr. Mc~ale, seconded by ~r- Warren, the Board Conditions= 2.d. NS betel s~all be permitted on the Property until Chalkley Road Ex=ended is constructed from Rout~ i0 to Branders Bridge Road. 4. The principal building on the Property shall be oonS~ructe~ g~nerally ~s dep~tsd on ~he ~levation t~tled "Ha~aford Rendering, Route 10 and Chalkley Road, dated May 17~ 1995~ and prepared by Eannaferd Bros. Any other buildings constructed on the Property ~hall be comps%iDle in materials, eolo~ and style with the principal building. The developer shall submit elevations to the Planning Department for approval at the 5ime of site plan ~ubmi~mion. There was nc opposition present. ~r. McHale stated the applicant has met e×t~n~ively ~ith area neighbors and he supports the request. ~r. MoHale tho~ ~ado a ~otio~ seconded by Mr, Barber, for the Board to approve Case ~$$~ and to accept the following pro~fered cenditions~ 1. The Property uhall use public water and 2. The following uses shall not be pernibtsd: a. Cocktail lounge~, dining halls and nightclubs, but not including sit-down restaurant~ or cafeterias. b. Uses exclusively using drive-in or walK~up windows, but not inctudinq eatinq establishments with such windows which have interior dining or banks and other sor¥i~e and/or retail business uses with winders which have interior customer service areas and interior ar~a~ open to th~ public. which are net incidental to other retail ~alem. NO hotel s~&ll be permitted on the Propert~ until Chalkley Road Extended is constructed from Route 10 to ~rand~rs Bridg~ Road. 95-341 5/24/9~ ; ...... I .... I ~] , I L ....... i e, office/warehouses when the warehouse area exceeds twenty-five thousand square feet. Any other office/warehouse usa shall be subject to the ro$Sriotions of Section 21.1-160(d) of the Zoning Ondinsnce_ f. Motor vehicle males, service and repair establishments. g. Indoor recreational establishments primarily used as & pool hall or video game room, but not including health clubs or fitness centers. h. Me,or vehicle wash. public between the hours of I1:00 p.m. and S:00 a.m. exceD= si=down res=entente which may be open un=il 4. The principal building on the Property Ehall be Constructed generally es depicted on the elevation titled "~annaford Rendering, Rout~ iQ and chalkl~y Road, dated May 17~ 1995" and prepared by Hann&fo~d B~os. Any othe~ buildings constructed on the PrQperty shall be compatible in materialm, c~lor and style with the principal building_ The developer shall submit elevations to the Planning Department for approval at the time of site plan submission. 5. Except fur the timbering a~provsd by ~hs Virginia state Department of Pores=fy for the purpose of removing dead er diseased trees, thoro shall bo no timbering on tho Property until a land disturbance permit has been obtained fr¢~ ~he ~nvi~onment~l ~ngineering Department and approved devices have been installed. 6. No direct access shall be provided from the Property to Rou~e 10. Access to Chalkley Road Extended shall be approved by the Transportation Department. 7. Prior to the issuance of an occupancy permlt~ two lanes of Chalkley Road Extended shall be oonetr~cted from its current terminus to the southern property line of Property. Vets; Unanimous 958N0Z69 In Clover ~ill Magisterial District, SEIB~RT PROPERTtE~# IN~, requests amondmen~ ~o Conditional Use Planned Development (case 85S157) to delete Condition 8 relative to signs. Compliance out, areal in an existing shopping center is planned. The density of such amendment will be con~rollod by zoning conditions or Ordinance standards. The Comprehensive Plan designates the property for of~iue use wi~h a note that =he a~ea is appropriate for large-scale plan of development, incorporating a mix of office, oommeruial and residential uses, This request lieu in u Community Busine~ {C-3) District on 1.3 acres fronting approximately 2S0 feet on the south line uf Hull street Road, approximately 700 feet east of Waln~ley Boulevard. Tax ~ap 39-12 (1) Parcel ~9 (shee~ 14). Mr. Jacobsen presented a summary of Case 955N0269 and stated the Planning CoY~mismion and mtaff recommends approval. 95-342 5/24/95 , I ~r. Joh~ $=ibert~ r=presa~ing the a9911cant, stated the recommendation i~ ac~eptabl~. ~r. Dick White, representing th~ Route 360 Corridor Committee, stated they support the request and have worked closely with the applicant in addressing their concerns. On motion of Mr. Warren, seconded by Mr. Daniel, the Seard approved Case 95SN0269. 9BSN0197 In ~atoaua Magisterial District, ~0 CAPITAL PARTNERSHIP requests ~ezoning from Agricultural (A), Residential Residentlal-Townhouee [R-TH), corporate office (0-2) and Community Business (C-3) to Regional Dusiness (C-4}, with Conditional Us~ to permit sutslds storage and ~ulti-fam±ly residential and townhouse residential development. A mixed use deYelopment with ossico, commercial, light industrial amd residential uses i~ planned. The density of such am~nd~nt WAll ~o contrull=d by zoning csnd±tionm or Ordinance standards. Th~ Comprehensive Plan designates the request property f~r open ·pace, llqht commercial and office uses and for residential usu of 7.01 units per acre or ~ore. This request ties on 219.4 acres fronting in three (3~ places for a total of approximately ~,000 foot on tho south line of ~ull Street Road, also in three (3) places for a total of approximately 2,500 ~eet on the east lin~ of Route ~$, and fronting approximately 1,200 f~s% ~n ~h8 we~t line of Bridqewood Road. Tax Map 62-9 ~arc~ls 6, 15, 20 and 21; Tax Map ~-4 (1) Parcels 1 and 2; Tax Map 62-7 (1) Pareel~ 3~ l0 and 2~; and Tax ~ap 62-11 (1) Parcel I (Sheet ~S. Beverly Musselmsn, Plan~ing Administrator for the Planning D~part~ant~ pr~ented a summary of Case 95SN0t97 and mt=ted the Planning Con, mission and staff recommends approval acceptance cf the proffered conditions, subject to th~ applicant addressing transportation concerns. $he further stated an amendment to Proffered Condition 15, relating to notification of mite plan, was submitted Dy the applicant and since the Proffered Condition was not submitted in eonformamce with the Doar~s policy, the Board would nee~ to suspend its Rule~ of Proaedure to accept the Proffered Condition. She continued to present a summary e~ case 95SN01~7 a~d noted the request generally complie~ with the Powhlte/Route~ DmvaloDment Area Land U~ and Tr~nsDortation Plan. Jim Theobald, E~uirs, representing the applicant, sUbmitted into the record copies of maps relating tO the request and reviewed ~s current density of the site; location of the site and surrounding zoning; proffered conditions submitted by the applicant; and costs of improvements. He stated the request pro~otes business an~ outlined the current zoning versus proposed zoning. He further stated there was no opposition at the Planning Commission meeting and requested =he Board to give favorable consideration ~0 the request. development. regarding ~his requee~ an~ he feels this project good development. ~e further stated the applicant has no opposition at the 91arming Commission level although the Conumlsslon and staff felt the transportation policy needed tn 95-343 5/24/95 be addressed. He stated as the County qrsws, there Will be a the number of residences; and that the developer has proffered road improvements at a oust cf ~1.~ million. He further stated ha under~tands the concerns of staff regarding transportation should be approved. There was brief discussion relative to the collector/ distributor road being in the Ceunty~ current transportation plan. Dr~ Nicholas stated he ha~ great r~p~t for Planning ~taff and the request ham been approved by the Planning Commission and staff. Mr. Daniel stated approval of zoning requests ar~ no~ based on economic analysis and the applicant ham a right to develop to the current zoning. There was brief discussion relative to the original zoning request; the amount of roadway which would be built; and whether the county or stat~ has paid ~or any road that should be handled by the developer. Mr. Daniel stated he ham not ~een any data that suqqests this development would contribute to traffic in other quadrants of the interchange. He further stated he feels this r~quest is bett~r than the zoning uurrently in place and, there~orm, hs supports the request. ~r+ Barber stated n~ighberhocd children from the Glen Tara Subdivision attend Cr~msh&w Elementary school, the school at which he teaches, and he understands fro~ the comments expressed by parents of the children that their concerns have been addressed. He further stated he feels this development will increase revenue Ier the County and the County needs to increase its commercial tax base. He stated he feels the increase in County revenue needs to be used for County operations end ~t used spec££i~lly ~or on-site transportation need~ and the residential i~pact cf tbs current zoning would be sore overwhelming that what is being requested at thi~ time. Mr. Warren stated he shares the concerns of staff regarding the transportation network as this is one of the fastest growing areas in the County. He further ntat~d he fe~ls thi~ better Dro~ect than the project allowed under currant zoning for this area and inquired a~ to th~ manner in which transportation issues for the four quadrants in this area should be addressed. Mr. McCracken stated the overall transportation plan for the area includes ~xtension of the collector/distributor system through the Route 360 interchange. ~e furthe~ sbate~ the developer of the Commonwealth Center Project has already staff has addreeeed further improvements to Route 360 smd the collector/distributor ~ystem with potential developers in the ~outhwes~ and northwest quadrants of t~e interchange. He stated the propose~ reaching would create a significant increase in ~raffic over the current zoning, that there are ne funds in th~ Virginia Department of Transportation's Six Year Plan to improve th~ interchange, and that there is very little chance fund~ would be included in the foreseeable future because of ether County needs. He further stated ~ead improvements currently underway on Route 360 will solve backups at the interchange today and the road network ~ill not he able to accommodate the additional traffic which will be generated by this deYelopmen~ and the other qua~ant~ already approved by the Board. Discussion, comments, and questiene ensued reletive to transportation issues in this area being incorporated in the County's Six Year Plan; the a~o~t uf traffic that would be generate~ by thio request; the request being more bene£ioial to the Co~ty than the Ourrent plan; and the change in density generating an increase ih traffic. ~_r. KcHale stated he is concerned about the %ranspor:atlen network as he feels developers need to pay their own way, but he feels comfortable with the increase in commercial development in the Count~. On ~ction cf Dr. Nicholas, s~cond~d by Mr- Daniel, it wa~ generally agreed to reoese for nine minutes. Vote~ Unanimous Dr. Nicholas expressed appresiatien to all involved in this which the Board should move forward. Dr. Nicholas then made a motion~ ~econded by ~4~. Barber, for the Board to suspend its rules at this time to consider the following Proffered Condition: 25. Notification of site Plan. The Community Manager of the Brandermill Community Association shall be mailed by the owner/developer of all site plan ~ubmieeione to Chesterfield County. Prior to site plan approval, the owner/deueloper shall provide the Planning Department with evidence of such mailing. Mr. Warre~ otate~ although he feels the transportation issues need to be addressed~ he support~ the request as it is an improvement ever the existing zoning for this area. Mr. ~cHale stated he feels the project will have a positive impact although h~ also is cc~oer~od about the transportation on notion of Dr, Nicholas~ seconded by Mr, Daniel, the Board approved Case 95SN01~7 and accepted the following proffered conditions: 1. Buffer~, a. A one hundred (100) foot b~ffer shall be ~ai~tained on the Property where non-residential development is adjacent to Glen Tara subdivision. Within the aforesaid D~ffe~ begwee~ ~un~residential development and Glen Tara suhdAv~sion, an eight (8) foot high masonry wall (or higher if desired by the developer) shall be installed in conjunction with each ~hase of development. The e~act location ~f such wall shell be determined at the time of site plan review. b. Other than where occupied by Lak~ Tara, a one hundred (10o) foot buffer shall also be maintained on the remainder of the Property adjacent to Glen Tara subdivision and Tax Parcel NO. 62-8(1)-9 (for so long as such tax parcel i~ zoned for agrlculturaI or single fsmily detached housing purposes). In __ L I J~! L J I, ....... i conjunction with eac~ phase cf development, a six (6) foot high chain llnk security fence shall bs installed within the buffer required by this subparagraph ~, The exact location of the fence ~hall bm determined at the time of site plan review. c. The aforesaid buffers shall conform to the requirements of ~he Zoning ordinance, Sections ~l-1- 226, 21_1-227 a~pt (I) and (j), and Access Restriction. Vehicular access to and from the Bridgewood Road north of Glen Tara subdivision and Routs 28~. No access shall be provided to the property from Glen Tara Drive, Blockader Lane, Bonniablue Road, Or Scaliawage Road in ~he Glen ~ara Subdivision. Lake Tara. Lake Tara shall ~e retained on the Property and shall not b~ drained ~×cspt on a tsmporary basis as · ay be necezsary for maintenance Public Utilities. The public water and waste water system shall be used. 5. Timberlnq Remtrictien. With the axc~ptlon of timbering to remove dead or diseased trees which has been approved by no timbering ~til s land disturbance permit has bean obtained from the Environmental Engineering Department. 6. Transition of Uses. Uses within seven hundred (700) feet of the southern boundary of the Propert~ shall be limited to: a. Residential multi-family and townhou~eg. h. R~t, morning, and convalescent c, 0f£ice$: b~sine~s, governmental, medical or professional. d. Office/warehouses. 7. ~ei~ht limitation. No office building or hotel shall exceed two (2) stories or ~hlrty (30) ~eet in height, whichevsr is less, if located within three hundred £eet of Glen Ears subdivision. Architectural standards -- Non-Residential Buildin~s. All non-residential buildings to be constructed mn the Property shell be compatible in architectural style, materials, colors, details and other design feature~. the architectural styles, material~, c~lers~ dstails and other design ~a~ure$ which predominate in the secure, sial development. 9, Density. NO more ~kan four hundred fifty (450) residential units shall ~e constructed on ~he Property. 10. Architectural Standards -- Zulti-familv/Townhouses. The arohitectur&l appearance of any multi-family or townhmuse units constructed on the Property shall be similar in appearance to the Cross Creak, Woodlske Village or HunTers Chase apartments developments. A minimum of forty percent (40%) in the aqgregata, of the visible portions of the e×terior wall surfaes~ of such multi-family/tewnhouss buildings (chimneys, frent, rear and sides), ewctuding windows, door~, ~reezeways and architectural design features, mhall be of brick construe=ion. 95-346 5~24/95 ll. Minimum S~uare Fos:a~e--Townhsuses. Any townhom~ea developed on the Property shall hav~ a minimum of one thousand one hundred (1,100) sguars feet of gross floor area for a two (2) bedroem townhcuse and a minimum of one thousand two hundred (1,200) square feet of gross floor area for a three (3) bedroom townhouse. Recreational Ar~a R~stri~t~Ons. NO o~tdoer recreational facilities (e~clud{ng Lake Tara) shall be constructed within three kumdred (300) feet of Glen Tara subdivision. No outdoor basketball courts shall be permitted within any multi-family or tewn/%ouse development. i3. gD~.dqo~.$peaker$ No outdoor speaker system shall be i~talled withi~ any multi-family or townhou~ d~v~lopm~nt on the 14. Height Limitation--Multi-FamilY. NO multi-family buildings constructed on tAe Pr~per~y shall exceed three stories or forty-five (45) feet in height, whichever is less, as measured and viewed from the highest finished gru~e udjas~mt to ~hs building. 15. ~arkinu Lot Li=htin=. Parking lot lighting in any multi- concealed sources of light. Parkinq lot lightinq standards in any multi-family or townhuuss development shall not exceed twenty (20) fee~ in keiq~t and sh~ll be positioned in such a manner as to minimize the i~past of such lighting off Of th= Property. 16. Orientation of Certain Loadin~ Areas. Loading faeilitie~ for tractor trailers for non-residential ~$ers ~hieh mpace is located along and generally parallel to the easterly line of the Pro,arty that is adjacent :c Glen Tara subdivision, shall be oriented ~a that tractor trailers will be generally parallel with the easterly line of the Property while unloading rathe~ ~han perpendicular thereto. · 7. Drainaqe. ~e drainage resulting from the ~onstru~ios i~pervious areas or buildings shall enter ~len Tara subdivision. IS. E~uivalent Densities. The maximum density of this development shall ba 674,000 ~quar~ fast of ~hoppinq drive-thru window, 200 room hotel and 4~0 apartment units Or equivalent density as approved by the Transportation Department. proper~y shall be limited to two (2) public roads. Dna (1) public roa~ ("Si~e Read") shall align the existing crossover located on R~ute 360 approximately midway of the property frontage (i.e., the existinq crossover on Route 360 just east of Parcel 8 on Ta~ ~ap 6~-3(1)). The second direct access to Rou~e 3~9 shall be provided via Bridgewood Road. At time of site plan revi=w, this condition may be modified to permit a third direct to Route 360 located towards the western property line, if approved by ~e Tran~p0rtation D~pa~t~nt. The exact location of these accesses shall be approved by the 21. Cromm Acce~ Prior to any site plan approval, access oasemente~ acceptable to ~he Transportation serve Porc~ls 4, S, and @ on Tax Map 62-3(1}. The exact the TranmDortati0n 0apartment. Dedication of Riqht-of-Way. Upon request by the County, Up to o~ h~r~d (1©0) f~t of riqht-of-way along the exietin~ exit romp to eastbound Route 360 from northbound Bout~ ~$$ shall be d~icated fr~e and unrestricted, to and for the benefit ~f Chesterfield County. The foregoin~ easternmost edge of the Virginia Power tranemlsslon llne Roadwa %m rovemants. Ts provide for an adequate roadway system at th~ time of complete dsvel0pment~ the developer shall ~e responsible for the following: a, Construction of an additional lane of pavement (i.e., third through lan~} mlong the eastbound lanes of Rou~e 36O aiong t~e property frontage from approximately midway of the property frontage just mast of Parcel ~ on Tax ~ap 62-3(1)) to Bridgewood Road. The exact length of this Department; b. Extension of the Route 288 ramp located in the southeast quadrant cf %he Route 360/Route interchange from the interchaDg~ ho the SAte Road inter~ection; o. Construction of additional pavement along the intersection te ~rovide a ~sparate Tight tnr~ l~e; Construction of additional pavement along the westbound lanes ef Route 3~0 at the Bridgewood Road e. Construction of a five-lane typical section (i.e., three (3) northbound lanes and two (2} southbound lanes) far Bridgewood Road at its inter~eotion with Route f. Construction of Bridgewood Road aa ~ four-lane divided facility from Route 360 south for a of approximately ~00 f~et. ~he ~×a~t length of this improvement shall be approved by the Transportation Department; g. Construction of additional pavement along the westbound lanes of Route 360 at the Site Road int~r~ction to provide dual lef~ turn h. ConstructxoD of ~ six~l~me typical section ~our (~) ncrthDound lane~ and two (2) lanes to include a free-flowing right turn lane from Site Road at Rout~ 560; i. Construction of s four-lane divided Site Road from 1,000 feet~ The exact length of this improvement shall ~e approved hy the Transportation Bridgewood Road/Warbro Road/Rout~ 360 intersection; Full oost of traffic signalization st the sits Road/Route 360 intersection, if warranted based on Tranmportstion Department standards; 1. Bls=lng the e~ieting crossover on Route 360 located just west of the Brldgewood Road/Warbro Road/Route Dedisutian to and for the benefit of the County of Chest~rfield, free and unrestricted, any additional riqht-of-way (or easement) required for the construction of ~he improvomontm identified above. 23. ~hasinq. Prior to any sits plan approval or prior to any road and d~ainage plan approval, whichmver occurs first, a phasing plan for required read improvement~ identified in Proffered Condition 21 shall be submitted to and approved by the Transportation Department. natural vegetation ~hall be retained within this setback atom, unless removal of the vegetation is approved by the by the o~ner/d~velopur of all site plan submissions to owner/developer ~hall provide the Planning Department ~ith evidence of such mailing. On motion of Mr. ~arb~r~ seconded by Dr. Ni=holas, the Board adjourned at 9:30 p.m. until June 14, 1~95 at 3;00 p,m, Vote: Unanimous County Administra=or ~ McHale, IIIz Chairman 95-349