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09-27-1995 Minutes
BOkRD OF ~RV~SOR$ ~r. J. L. McHale, III, Chairman ~. Arthur 5. Warren, Vi¢~ Chrm. F~. Edward B. Barber Mr. ~arry G. D~niel Dr. Freddie W. Nicholas, Sr. Mr. Lane B. Ram~ey County Administrator Staff ~n Atten~a~ee= Mr. Craig ~ryant, Mr. Donal~ ~ublis A~faira MS. Marilyn Cole, Exes. Ass~. to County Ad, in. MS. Faith L. Davis~ Clerk to the ~oard Mrs. Doris R. DeMar%, Asst, CO. Admin., Le~i~. Svcs. and Ffr. William D. Dupler, ~uil~ing Off~claI Deputy CO, Admi~., Dir., Purchasing Internal Audit Eental ~ealth/Retard. M~. Mary Leu Lyle~ Dir., Accounting Deputy Co. Admin., ~ir~, Transportation Mr. Richard M. McElfi~h, Dir., Env. ~gineering County Attorney ~xtension Agent Poli~e Department Dir., Budget & Deputy Ce. Admin., Community Development Mr. Frederick Willi~, Jr.~ ~ir. HcHale called the regularly scheduled meeting to order at 3:00 p.m. On notion o~ Dr. Wicholas, ~ecsmded by M~. Barber, the Board approved the minutes of Septembor 1~, 199~, ae svbmitted. Vote: Unanimous ~r. Ramsay introduced Mr. Ji~ Congable, Exemntive D~rector the Designated Drivers Association {DDA), to brief the Board about the ~ociation. Mr. Congabl~ ~tated Designated Drivu~$ Association ~s volunteer organization, consisting of approximately volu~teers, that wa~ formed in Sapte~ber, 1994. He stated the vol~t~rS ~ive impaired ~ri~ers homo and ~otmd the A~socia%ion has ~rtven home over 1,000 impaired drlvors, car~, and ~eir passengers. ~e stated the program h~ ~ost likely saved many llves and acknowledged the co~t savings to t~e taxpayers in not ~aving to pay the e~en~ associated wi~ a DUI. He further s~ated becaus~ of the ~ucces~ of the program, the Association is receiving calls ~rom doctor~ and d~i~t~ un~ is now res~archin~ the possibility of available for s0~e of those patienK~ Who ~ave no one to ~ive promoting thi~ program t~oug~ =he Police D~partment and stated ~h~ progxa~ ha~ received support from Henrico County an~ ~h~ city cf Richmond. He stated th~ beneficiaries of this program are the indlvidual~ b~ing driven hom~ because they do not receive a DUI; the ~esta~ant Or bar b~c~$e of liability~ t~e volunteer orqan~zation itself; society, involved to taxpayer~; and Victim Trust which i~ a scholarship fu~d for children ~o have los~ their parents because of ~r~ving uc~idents. ~. Ramsay then introduced ~i~f Pit~an to r~cognize ~everal polic~ officers who were recently recognized by =he Marchant~ Association and the Chn~er of co.eros as recipient~ of Valo~ A~ard~ which im an award for ~o~e who have gone above and beyond the call of d~ty. chief Pi~tman introduced 0fflcer~ Dryan ~. ~iltenber~er~ John B. Kilcumons, OaKer R. Coats, Jr.r and De~ctive Douglas ~ooney and described the incident responded to by each of officers that led to their recognition. Association and ~he Ch~b~r for recognizing the offic~r~. stated ~e County is proud of th~ off~cer~ and that this is exhale o~ t~e quali~y o~ ~ploy~= at the County's Department. ~. ~c~ule expreusad appreciation, on behalf of %he ~uar~ and the citizens of Che~t~flel~ co~ty, to ~e offic~r~ for their gift of talent and metrics to the County. COMMITTEE REPORT~ Dr. Nicholas stated he attended the Virginia Historical Society meeting on september 26, ~995 and racsgnize~ F~r. ~al~ who relative to cooperation in the Richmond metropolitan area- 95-570 ~/27/g5 4. REQUESTS TO ~OSTPONE ACTION. EMErgenCY ~B~YTION~. O~ O~ motion of ~r. Barber, zecon~ed by D~. Nicholas, the Board deleted Ito~ 11+~., ~xocu~ive Safelon Pursuant to Sea,ion 2.1- 344(A) (3), Code of Vir~inia~ 1950, as Amended, Regarding Acquisition of Real Estate for a Public ~urpose in the Bermuda Magisterial District Relating to Parks and Highway Right-of- Way; replaced Item $.B.~.b., set Date for Public Hearing to consider an ordinanc~ to A~end the Code of the County cf ~heeterfield, 197s, as A~ended, by A~ending. and Reenacting Se~tio~ 8-16 R~lating to Tax Relief for the Elderly and Disabled; added Item 8.C., Nomination ~nd Appointment of a Co~ittee to R~co~end th~ Appointment of a Police Chief to follow Item S., New Business; adde~ ite~ ll.C., Executive ~io~ P~r~an~ to Section 2.1-344A.~., Code of Virclnla, 195Qz a~ ~and~d, for the Discussion of the Location of a Prospective Business in the County in the ~ermuda Magisterial ~rs~a~t to Section 2.1-~44(A)(7}, Cod~ of Virginia, t950, ~and~d, for Consultation with Legal Counsel Regarding · 'Versus Hollingshead; added Item 8.B.14., Appropriation of ~idlothian District Three Cent Road Funds to ~m Athletic Union (~U} Girls Fall Basketball L~ague to follow It~ ~.B.13.d., Refer %o Planning co~i~slon an Ordinance ~end the Code of the County of Chesterfield, 197~, as Amended, Chapter 21.1., Articl~ III, Division 15.1~ Relating to Agricultural Zoning D~t~iot~; added It~ 8.B.15., Au~o~ization fo~ County Administrator to R~new H~alth Care con,rests for ~e county*n ~96 Health C~r~ Program with Southern Maal%h S~vices, CIGNA, Delta Dental, and Prudential, ~o follow Item ~.B.14.; added ~tem 8.E.16.~ Adoption Of Re~olutio~ N~ing the Midlothian Library Buildiug ~or Joan Girone, to follow Item 8.B.15.; del~=ed Item Conveyance of Easement to Virginia ~leetri¢ and Power Comp=ny ~o Install Underground Powsr to ~rovi~e smrvice to the A~ropriatiun Qf Matoaca Dimtrict Three C~nt Read ~nds to the Co,ts Rela=in~ =o the Tra=k R~Dlacement at Matoaoa ~iddle ~chool and, adopted the agenda, as amended. 8, RESOLUTIONS ~ND SPEOIAL REOO~NITIONS wa~ present to recelva the re~olution, ~nd stated the county will miss hid service. On motion of th~ Board, ~ha following resolution was adopted: 1S~5 after providing eleven year~ of dedicated and faithful ~r¥ice to chesterfield County; and the Department of General Services from August through September, 1994; and has been Fleet/communications Manage~ WHEREAS, Mr. Spen¢~ was inetrumentsl in designing implementing a motor pool program to provide rental vehicles for County departments that did not have aueess to vehicles~ designed & le~se program for County vehicles that allows departments to fund their vehicle replacements incrementally through the operating budget; and enhanced the condition fleet by improving the frequency and quali~y of maintenanc~ and replacing vehicles based on conditions and cost of operation; WHEREAS, under Mr. Spence's leadership, ~leet maintenance reliability of the'fleet,'and greater efficiency; and ~4~R~A~, Kr. Spence directed a self-supporting department of sixty-two employees and was responsible for over vehicles and pieces of equil~m~nt, with a budget of $7 ~illion that provided vehicle maintenance end SUppOrt at a cost thirty percent below prevailing commercial rate~; an~ WHEREAS, Mr. Sp=nce effectively ~irecte~ the operation and modernization cf the County's Radio and Electronic Communications system~ and ~p~EAS, Mr. ~pemce won the respect of his peers and work~rs for his unfailing honesty, integrity, hard work, and fairness. NOW, T~=R~FORE BE IT ~soLV~D, thmt the Chesterfield County Board of Supervisors p~bliely recognize~ Mr. Theme= Spenoe and extends %heir appreciation for his eleven years of dedicated service to the County, thei~ congratulation~ upon his be permanently ~ecorded among the paper~ of this Board of supervisors of Chesterfield County, Virgiaia. dedicated service to the County and his many accomplimhments over the years and wished him well i~ hi~ r~tlrement. We noted being serviced today with the ~ame staff Mr. Spence expressed appreciation for the reoognition am4 ~tatod the County consists of outstanding people and he ha~ enjoyed hi~ service with Chesterfield. There were no D~fcrred Ite~m echeduled at this time. Mr. Micas stated Chief Pittman has announced his retirement, effective March 31, 1996 and ~hat the county Charter provides for a committee to make r~conmendations to the Board of Supervisors, for %he next police of chief, who would then make the appointment. ~e f~rther stated the Charter provides the co~ittee to be up to five people composed of the County Administrator; a me4~b~r of t/lc Board of Supervisors; a citizen appointed by the Chief Circuit Court Judge who is no% an ~mployee Of the police ~epartmmnt; a per~on with police e~erlence; and a fifth member, if dezired, Who is neither an ~r. McHale referenced a l~r he submitted to eaGh of the and briefly reviewed the representative~ who will be serving On ~he co~i~ee. On motion of Mr. Barber, s~onded by ~. Warren~ the Boa~d 0n motion of M~. McHale, seconded by Mr. Barber, %he Board simultaneously nominated/appoinged Mr. J.L. ~cHale, III; ~. Lane B. Ramsay; ~. Dia,e Robertm; Mr. tennis 0tt; and D~. Frank Lira to serve on ~ committee to ~eco~end the appointment of a new Police Chief. On motion of Mr. ~c~ale, ~eoended by ~r. Barber; the Board approved a streetlight in~tatlation cost approval for t~e In~orsectlon of Happy Kill Road and Woed~edge R~ad on the southwest eorner~ in the amouDt of $S$0.96, i~ ~sr~uda Magioterlal District. Vo~e: Unanimous On mo~ion of Mr. Daniel, sacende~ by Mr. Warren, the Board rescinded approval for a ~tre~tlight installatio~ approval, in the amount of $1,238.57, in th~ ~ul-de-sae of Greatbridge Terrace, in Dale Magisterial District. Vote: Unanimous adopted the following resolution: WHEREAS, in 1972 Mr. cochran wam promoted ko Assistant WH~J~S, in 19~7 }{r. Cochran assumed the ~e~ponsibilitie~ of State Location and Design Engineer~ and improvements have been a~omplished in Chestsrfield's transportation network including the widening of Route Chippenham Parkway, Route 60, Courthouse Road, and Route 360 business of the Virginia Department of Tranepor=atisn in a ~ervics to the citizens of Chesterfield County and extends their beet wiehe~ for a happy and suuc~$$£ul r~tirement. AND, BE IT FURTheR RESOLVED, [hat ~ copy of r~olution be presented to Mr. Cochran and that th~s resolution be permanently recorde~ ~on~ ~ke papers of ~his Board of SuD~rvi$or~ of Chesterfield County, virginia. ~R~AS, ~r. ~arl C. Coca.an, J~. began his career with the Virginia Depurtm~nt of Transportation in 1956 and has · erv~d in ~ev~ral po~itions; and Kighway Lo=etlon and Design ~ngin~r; and of State Location and D~sig~ Rngineer; and ~R~S, under ~. C0eh~an'~ leadership, m~jor i~provement~ have b~en accomplished in ~terfield's transportation network including th= Widening of Route ~rufessional, efficient, and effective mann.r, ~ow, T~ORE ~E IT RESOLVED, that the Chesterfield appreciation to ~r. ~arl C. Coohran, 3r. for his outstanding ~eir best wi~he~ for a happy and successful retir~ent. re, alu=ion be p~e~ted to Mr. Ccch~an a~d that this re~olution be permanently recorded among the papers o~ this ~oard of Supervise~s of Chesterfield County, Virginia. Vote: Unanlmou~ FOR THE ~OLICE DEPARTMENT TO F~AKE/%~P~I.~ATION FOR A ~TATE approved a request frem the Police Department to a~ly for a s~ate Grant which would provide fundinq for a portion of the a~thuugh this grant will reduce the revised Cost to th~ County for Phase III of Records Management by $50,000, the funding ~ource for =he local match has not been identifie~. The ~olice Department oa~ apply for the gra~% an~, if ~ucce~ful, the looal f~di~g portion and the balance of the comt increase will have to be considered ~s par~ of the FY97 budget.} Vote: Unani~cu~ APPROPRIATION OF ~EDT~/~RE RE~r~NU~ FUI~D~ ~ AUTHORIZATION OF ~I~E NEW HENTA~ MF. ALTH/MENT~I, RETARDATION/SUBSTANCE i%BU~ R~SIDENTI~L CO~gE~0R 0n motion of Mr. ~arber, ~oonde~ by ~. War~en, the Boa~d appropriated $335,000 of Medicaid revenue and authorized the ~stabli~hm~n~ of five K~nta% Health/Mental Retardation/ Substance Abuse Residential Couna~lor positions. (It i~ noted the~tch funding required ~o draw down Medicaid Walv~Revenue i~ provided by the State and no County fund~ are re~ired.) Vote: Unanimous VIR~INI~ DMP~TMENT o~ AVIATION ~P~m_MT ~ PROJECT On motion of Mr. Barber, seconded by ~r. Warren, the Board authorized the County Administrator to accept a Virginia Department of Aviation Grant for the Automobile Parking Lot Airpor~ Improvement Project and a~amaiated engineering and te~ting fee~ approprlat~d all State funds, in ~h~ amoun~ of $1f3,258, allocated for the Project; and authorized the County Administrator to award and enter into contracts withth~ lowest responsible bidder. Vote: Unanimous 95-575 9/27/95 the date of November ~, 1995 at 7:00 p.m. for = public hearing vote= Unanimous 8.R.~.b. TO CONSIDER AN ORDINANCE TO AHEND THE CODE CO~Y OF CHEGT~RPIELD, ~97~, ~8~ME~DED,..~ENDING AND. REENaCTING SECTION 8-16 REL~TIN~ TO TA~ ~LIEF FOR THE ELDERLY AND DI~ABL=D on motion of Mr. Barber, seccnde~ by Mr. Warren, the Board set the date of ~evember 8, 1995 at 7:00 p.a. for a public ~earing to consider an ordinance to a~end the Cods cf the County cf Chesterfield, 197~, as amended, by a~ending and teens=ting Section 8-16 relating ~0 ~aX relief for the elderly and disabled. Vote: Unanimous approvod proposed changss b~ th~ School Board to the Fleet Maintenance Agreement; apprcDriate~ retained ~arnings and increase eh-~nditure~ in the Garags Fund by $25,000; increased appropriations in the Transportation Category in the School existing contraot ts reflect the agreement that the Wa]m~ley facility need to be reopened, Schools will bear the cost of amount of this action. IIt is no~sd the Garag~ will b~ able to appropriation; however, a $25,000 increase i~ n~Oe~ary to a~e available in Garage r~talned earnings for ap~ropri~tion to Thi~ day the County Environmental Engineer, i~ a¢oordan=e with directions ~rom this Board, m~de report in writing upon his District, sad Dist~iot~ meet the requirements established by the Subdivision ~treet Reculrem~__~ct_s of the Virginia Depart~ent of ~/27/95 Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453~ Page 405, January 21, 1994, for all star,water detention/retention facilities in the county. Therefore, ~po~ consideration whereof, and oH motion of Mr. Barber, seconded by ~r. Warren, it is resolved that the roads in st. James woods, Section B, Mateaca District, be and they h~reby are e~tahli~hed as public roads. And be it further resolved, that the Virginia Department of Transpe~at{cn, be and ~s hereby requested to take into the Secondary ~ystem, pursuant to Section 33.1-~9, Code of Virginia, and the Department's subdivision Street Requirements, the following: Name of Street: ~ardwood Drive Length: 0.11 mile From: 0.08 mile mouth of Stetson Court, Eou~o ~054, and extend~ 0.11 mile ~outhwest from existing Hardwood Drive, Route 6051 To: the limits of st. Jame~ Woods, section B Guaranteed Right-of-Way width: 50 feet. Name of street: ~avens Oaks Circle L~ngth: 0.0~ mile From: 0.~1 milo south of Sherman Cou~t, RO~he 6054, and extends 0.08 mile northwest from the intersection with ~ardwood Drive To: the cul-de-sac ~ua~anteed Right-of-Way Width: SO £eet~ Name cf ~tre~t: Crawfer~ WOO~ Drive Length: 0.16 mile FrOm: 0.07 mile southwest of Havens Oak Circle and extends 0.16 mile southeast from the intersection with H=rdwecd Drive Guuranteed Right-cf-Way Width: ~0 feet. Name of Street: Crawford Wood Terrac~ Length: 0.07 mile from tho intersection with ~ame of ~treet: Wilson Wood Road ~angth: ~.~ ~ile intersection with Crawferd the limits of St. James Wouds, Section B Guaranteed Right-of-Way width: 50 ~eet. This request ie inclusive of the adjacent slops, ~ight distance, clear zone and designated Virginia Department of Transportation drainage eaeements indica~eden th~development plat. This section of St. Jam~ Wood~ is recorded as follows: Vote: Unanimous 8.S.S. ~OI~VEYAN~E OF UI~DER~ROUND pOWER TO PROVIDE SERVICE ,~R ~OFTBALL/BASEB~LL FIELDS AT THE CLO~R HILL On motion of Mr. Barber, seconded by Mr. Warren, t~e Board au~orized the Chairman of =he ~oard ~nd the County A~inlstrator to execute an easement agreement with virqi~ia Electric and Power Co~mny to install underground power to provide service for the ~oftball/~a~eball fields at the Clover Hill Sports Complex. (It ~ no=m4 a copy uf the plat is filed with ~e papers of this Vote: Unanimous 8.B.9. ~CCEPT]%NCE OF PARCEL OF LA~D ALOEG THE NOR~ ~IDE OF SPRI~ R~ Rc~J~ FROM CHARLES E, BAIleY. INOORPORATBD On ~otion of ~r. Darb~r, s~aonded by Mr. ~arre~, the Bo~r~ o~ land containing O.O77 ~=r~s along the morth side of spring Run Read frem charles E- Ba~ley, In=or~oratmd, a vizgini~ Corpora=ion, and authorized the County Administrator to eaecute the heces~a~y deed. (It is noted a ooDy of :he plat is ~iled with the papers o~ this Board.} 8.B.10. REQUESTS FOR PERMISSI~ 8.B.10.a. ~iR. FIUS FREI TO H~FE A DECK ENCROACH EXI~TI~ Fi~r~ FOOT E~EM~NT On motion cf Mr. Barber, ~e=onded by Mr. Warrenr the Board approved e request frem Mr. Pius Frei to have a deck encroach within an existing five foot easement, ~ubjecD to the execution of a license agreement. (It is noted a oepy of ~he vluinity s~etch is filed with the papers of this Board.) Vote: Unanimeus 8.B.10.b. ~, LBROY A. AND M~. MARION C. HUFF}~AN FOR A PAVED COUNTY RISHT-OF-WAY DESIGNATED AS ENEAD O~ ~otlon of Mr. Barber, seconded by Mr. Warren, the Board approved a req~e~ from Mr. 5eroy A. and ~s. Marion C. Euffman to hav~ a paved driveway enereach within an existing unimproved County right-of-way designated as $nead Street, subject to the e2ecution of a licenme agreement. (It is noted a copy ef the vicinity sketch is filed with th~ pap~r~ of thi~ Board.) Vote: Unanimous S~.~XD.c. M~. EMILY ~IE~ON TO~AINTAINo IMPROVE. AND CONSTaUCT IMPROVEMENTS WIT~I,~.~N ~XISTIN~ UNIMPR~ED ~Y approved a re,es% from Ms. ~ily Gibson to maintain and plant orn~ental sh~bbery within an exis%in~ unimproved County right-of-way designated as sn~ad street looated b~twean Winfree Street and Railroad Street in the village of Ch~t~ 9~-578 9/27/95 Subdivision, ~ubject to the exenutlon of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers cf this Beard.) APPROVAL T0 ~KE APPLIOATION FOR ViRGINiA authorized the County Administrator to apply for and appropriate fund~, in the amount of $491,755~ from the Virginia Juvenile Community Crime Control Act and authorize~ =he creation of up to eleven po~itions for the program. On motion of Mr. Barber, seconded by Mr. Warren~ the Board appropriated SE,000 from the ~atoa~a District Three Cent Road Fund for the Virginia State University Scholarship Fund. ~.B.12.b. TO T~B S~HOoL ~O~RD FCR PURC~.%EE OF A MIDLOTHi~-N JAMES RIVER FOOTB~LL TROPHY On ~otion of Mr. Barber, seconded by I~f. Warren, the Board appropriated $500 from ~he ~i~lothian Di~:rio~ Tn~oe cen~ Road Fund to the School Board for the purchase of a ~idtothian/James R~ve~ Football Trophy. Unanimous REFER TO FL~NNIN~ ~OF~(ISBION ~.R.13.a. ~%N ORDIN;d~E TO ]%/dBND THE ~ODE OF T~E COUNTY OF CHB~TEP~FIELD, ~75, AS ~/~ENDED, ~Y ~E~ING ~ND IN DRAINAGE DIE.leTS On motion of Mr. Barber, seconded by F~r, Warren, the Board reforr~ to the ~lannin~ Co~imsion, for their review and ~eoommendation~ an ordinance to amend the Code of t~e county of C~lesterfield, ~975, a~ amen~9~, Dy amending an~ r~enaeting Section 18.1-27 relating to improvememt~ in drainage districts. Veto: Unanimous 8.~.13.b. AN 0BD~N~C~ TO I%MBNb THE CODE OF TH~ CO[r~T¥ OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REB~CTI~ SECTION 21.1-1S.1 RE~TING TO. r~err~ ~u ~he Planning co, lEsion, ~or =heir review reco~endmticn, ~n ordinance tc amend the Code Of the County of Chest~fi~ld, 1~7~, as amended, by amending and reenacting Section 21.~-1~.1 r~lating to administrative variances. Vote: Unanlm~us 95-579 9/27/95 8.B.13.C. A~ ORDI~ANGE TO A~D THE CODE CF THE On motion of ~r. rec~enda%ion~ Chesterfield, 1978, Section 18.1-27 relating to improv~sntm in drainmge districts. Vote: Unanimou~ B.B.13,d, AN ORDINANCE TO AK~D TO A~END THE CODE O~ THE referred to the Bl~nnin9 Commission, for their review and Sectien ~1-1-1~ and 21.1-i28, Chapter 21.1, Article III, ~ivision l~.l, relating to agricultural zoning districts. 8,B.14. APPROPRIATION OF K~DLOTHIAN DISTRICT THREE CENT ROA~ appropriated $5~7.2~ fro~ th~ ~idlothia~ Three Cent Road ~unds to the Amateur Athletic Union (AAU) Girls Fall Basketball Leag=e to DaY the cost of building rental £ee~ for u~e of the Jamee River High school gymnasium. · .B.i~. AUTHORIZATION FOR COUNty ADMiNIST~-%TOR TO RENEW EF~%LTE C~E CONT~/%~TS PGR THE ~OUNTY~S X99~. H~ALTH PROGRAK WITH 80U~g~/~ N~LT~ S~R~I~E~, CT~NA~ D~LT% On motion of ~. ~arb~r, seoo~ded by Mr. Warr~ ~e Boar~ contracts for the County'~ 1996 ~ealth Core Pro~am $outhmrn Hmalth ~e~ices, CIGNA, Delta De~tal, and ~rudential. VOte: Unanimous On ~uti0n of ~r. ~arber, seconded by Mr. Warren, the Doard adopted the following resolution: supporter and advocate for excell~nc~ in public library~ervlce 9/27/95 a member ef the Cheeterfiald Count~ Board of ~u~rvi~or~ £ro~ I974 to L9~7, ~erving as Vice chairman fro~ 1976 to 1~0~ and W~R~AS, Firs. Girone repreeen~ed Chesterfield County on the metropolitan Bconomi~ Development Council; the Capital Agency on Aging; the Virg~nla Mthnioipal League~ amd the virginia Association of Counties; and WHEREAS, ~rs. Girone'~ concer~ for people led her ~c serve on the Sooiat Sarvice~ Board; the Chesterfield T~anmpo~tation Safety Co~ission; and the CooDera~ive Ex=ens~on service Advisory Board. NOW, THEREFORE BE IT RESOLVED, ~mt ~e ~esterfield County Beard of Supervisors hereby designates ~e Midlothian B~anch Library ~e "Joa~ C. Girone Building". ~D~ BE IT FURTHER RESOLVED, that a oopy of this ceremony and that~i~ ~esolution be pe~anently recorded among th~ papers 0f ~his ~oard of Supervisors of Chesterfield County~ virginia. APPROPRIATION OB MATO~CA DIMTBIUT THRBE CENT ROan FUNDS TO TN~ ,~A~KS ~ RB~R~TION DE~/%TM~T TO ~.~ COVER DEB~%RTM~NT~ ~08TS RELATING TO THE TRACK on motion cf Mr. Barber, seconded by K~. Warren, the Board appropr~a=ed $$,00~, in Mstoaca District Three Cent Road Fund~, to th~ Parks and Recreation D~partment to help cover departmental costs relating tot he track replacement at Matoaca Middle Schoel. Vote: Unanimous 9. H=~RIN~S OF CITIZENS ON ~MUHEDULED I~ATT~RS OR CL~IN~ Ths~e wor~ ~O Hearings of citizens on Unucheduled Matters or Claimm at this time. LO. RBPORT~ On motion of Kr. Barber~ ~eeended by Dr. Nicholas, the ~oard accepted the fo~owing re~erts: Projects; District Road and street Light Funds; Lease 11.~. PURSUAI~T T0 SECTION 2.1-344(~)(?). CODE OF VIRGINI~o into an Executive sessions pursuant to Section Coda of Virginia, 1950, as a~ende~, for Con~ultation with lsgal section 2.1-344A.5., Ce.d9 of VirGinia, 19§0, am amended, for the discussion of the lo~ation of a prospective business iht he County in ~he Bermuda ~agist~rial District where no previou~ Vote; Un~ni~ou~ 0~ ~otion of ~r. Barber, seconded by ~r. Daniel, the Board adopted the following resolutien: WHEREAS~ the Board of Supsrviscrs has this day ad~ou~d into Executiv~ Sea,ion in accordance with a formal vote of the Board and £m accordance with the provisions of the Virginia Freedom of Information Act; and h~EREA$, th~ Virginia Freedom Of Information Act effective July 1~ 1989 provides for certification that ~ush Exeoutlve ~eesion Was conducted in conformity with law. NOW, TH~REFOR~ BE IT RESOLVED, the Board of supervisors does h~reby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted kct were discussed in the ~xecutive Session to which thio oertifioatio~ applies~ and ii) only such public business matters as were identified ~n the Motion by which the Rxecutiv= Sesuio~ Was convened were heard, discussed, or consi~r~ by the Boar~, ~ member di~ents from this certification. The Board being polled~ the vote was as follows: Dr. Nicholas: Aye. Mr. Daniel: Aye. Mr. B~rber: Aye. ~r. Warren: Aye. FLr. ~cMale: Aye. ~r. McHule stu=ed as a result of one of the Ex~o~tive the Board will be adding mn item to t~e agenda, On motion of ~r. Barber, s~conded by Dr. Nicholas, the Board suspended its rules at thio time to add Item ll.C.l., Adoption of Resolution to Approv~ ~n~$trial Aoce~ Funds for the construction of a Now Acces~ Road Off of Kingston Avenue to ~erv~ the River's Bend ~u~iness Center and TransSsr of ~unda for the Project. On motion of ~r. Daniel, ~conded by Dr. Nicholas, ~h~ Board ~ransfarred $7~,000 from the County'~ I~d~striai Aoces~ Road Aaao~% for the River's Bend Busineos Center Project ~or Industrial Access Road Account for tho dounty~s sh~r~ of ~e ca~ital investment surety~ set the date cf October 15, 1995, at 7:00 p.m. for a public hearing to consider th~ appropriation os $450,000 in anticipated virginia Department of Transportation r~m~nt~ an~ $75,OQ0 in anticipate~ developer authorized th~ County Administrator to enter into the necessary ag~ement~, acceptable to the County Attorney, in o~d~ ts have road construction contract for th~ adc~ ~oad; and adopted ~e following resolution= ~R~AS, Liberty Property Dsvelopment Corporation ('~Liberty") planm to construot a new industrial park near T-~9~ ~EREAS, Liberty intends to uunatruct an initial 150,000 s~are foot building with a capital investment of $5.4M for ~ualifying manuSacturing/pr:ces=in$ umer~ and ~EREA$, the proper=y on which the initial building will be located has no access to a public ~treet or hiqhway and Avenue (Route ~434); and ~EREAS, ~e construction of the initial building and mubsequent qualifying building i$ expected~to oocu~ within three (2) year~ of th~ Co~onw~alth Tran~portatlon Board's allocation of fundo for ~e conotruction of an acce~ road to the property; a~ ~EREA$, Chesterfield County hereby guarant~ms that the necessary right-of-way and utility adju~tm~nt~ fo~ the new access road will be provided at no cost to ~he virginia Depar~men= of Transportation. Now~ THEREFORE BE IT ~SOLVED, that the C~esterfield Transportation Boa~d to provide industrlalacces~ fun~inq to construct aa adm~ate road to the industrial ~ark. AND, ~E IT FURTHER RESOLVED, tha~ ~e Ches=erfield Board of ~upervisors hereby agrees to provide a surety acceptable to VDOT, to guarantee sufficient ~alifying capital in~s~nt will occur within three years of the Commonwealth Transportation ~oard's allooation of industrial access funds for the access road. AND~ BE IT FURTHER RESOLVED, that ~he Chesterfield County Board of Supervisors hereby ugre¢~ that the new roadway eo constructed will be added to and beno~ a part of the Secondary System of ~ighways. ~ot~: Unanimous DINNER meeting with the James River so~l and Wa~er Cemeervation District Diresters. The Board of Supervieors met with the James River Soil and Water Conservation District Dirsctors to dimcuaa the Conservation Dietrict'e hietory an~ recognize the DiStrict's r~lation~hip a~ one of the oldest cooperative efforts between Mr. Richard Nunnally gave =he invocation. 14. PLEDGE O~ ~LLEGI~HCE TO T~E FL~ OF T~E ~NITED STATES OF AMERICA Hies Hsather Sahli, Troop th~ Flag of the United State~ of TTREE ~OR TH~I~ DO1TATION O~ LAND TO ~HEST~PI~LD COUNTY ~r. ~ryan Walker, a member of the Parks and Recreat~on Advisory Commimmion, introduced Mr. David Tyree who wa~ present to receive the resolution. On motion u~ the Board, the followlng ro~otutioD wa~ adopted: WH=R~A$, Presbytery of The Jame~ ~nd Mr. D~vi~ Tyre~ have their donation, are helping to ~iqnificantly provide safe~ access to Bensley Park and ~e Den~ley =o~uni~; and ~AS, Presbytery of The James an~ Mr. Tyre~ are helping to significantly advance development of Bensley ~ark County Board of Suparvisor~ hereby recognizes Presbytery of The Jam~s and Kr. Davi~ T~ee for their generous donation of land to chesterfield County~ th~eby ensuring a place for all in the futur~ to ~nJoy. AND, B~ IT FURTHER RESOLVED, that a sopy cf th~n resolution be pre,outed to ~r. Tyros and that thi~ resolution be permanently ree~d among the paper~ o~ thio Board 0f $~pervieore of Chesterfield County, Virginia~ Vote: Unanimoun Mr. Mo~ale presented the ~x~eutad r~$olution to Mr. Tyreo and expressed appreciation to Presbytery of the James for their contribution to C~Sterfield County by their donation of land to the County fort he extenslcn ~f Wentworth Street at Bentley. Mr. Ty~ee expressed appreciation for the recoqnition. i~.B. ~CO~NI~INGF~, PACY 0LETSKY FOR HI~ DONATION OF LA~ Mr. St~th introduced Ms. Joyoe No,fleet who wa~ pra~ent to receive the re~olutlon on b~hal£ of Mr. Pacy Oletsky. On motion of the Board, the following resol~i0n was ~dcpted: WHiR=AS, ~r. Pacy oleto~y and the Property Capital Group ~igniflcance, but national slgnlf{cano~, in his generous donation of the ~ite of the Falllng Creak Ironworks, the fi~mt successful, integrated ~ron production facility in English N~rth A~iee; a~d WHEP~EAS, Mr. Oletsky i~ helpin~ to s~gnificantly advanc= himtori~ preservation mfforts in Chesterfield County through the donation of ~i~ ~it~; and patience through0u~ a difficult, time consuming process. ~OW, THEREFOR~ B~ IT RESOLVED, %hat the chesterfield Co~ty Board of Supe~isors hereby recognizes ~r. Pacy oletsky for his dedication to pre~ervin~ the rich heritage of Chesterfield County and ensuring a place for all in t~e futur~ to enJuy. ~D, ~= I~ F~TH~ RESOLVED, tha~ a copy of this resolution be presented to Mr. Oletsky and that this resolution Supe~isors of Chesterfield County, Virginia. Vot~: Unanimous and e~r~ssed apprecimti0n for ~. Olet~y's contribution to Che~terflel~ County by donating ~and in Be~uda District to County, ~s. Norflee~ expressed appreciation, on behalf of ~r, for tS~ recognition. E~r. Stith i~tro~uced ~_r. J.P. "Polly" spinner who was present WHEREAS, ~r. J.P. "Polly" Spinner supported TheI~as Dale High School football from 195~ to prenent -- missing only two W~E~EAS, Mr. spinner always supported coaches through wins and losses; and WHeReAS, Mr. Spinner was always ~ positive influenna on football players with bi~ weekly practice an~ gams visits; and ~EREAS, Mr. Spinner always displayed a positive, uplifting attitude with many praises; and impro~e Thoma~ Dale High S~ool; ~S, Mr. spinner worked unselStshly in ~e ¢o~uni~ and qover~en~ in improving Thomas Dale Migh School'~ athletic facilities and hi,ed a~lates f~om Thomas Dale High School to ~ZRZAS, ~, Spinner helped fuzm~ Thomas Dal~ ~igh School athlete~ in emergency situations at ooll~ge; and ~EAS, ~. spinner worked unselfishly in helping ~ER~S, Mr. Spinner di~playe~ a lo~e for ~e sport of football at Thoma~ Dal~ High 8~hool. NOW, THEREFORE BE IT RESOLVED, ~at the Cowry Board oX supervisors hereby co--ends and con~atulate~ Mr. J.P. "POlly" Spinner ~or hi~ tedi=ated se~ic~ Chesterfield County an4 Thomam Dale ~igh School. resolution be presented to M~. Spinner end,at this be ~armanently recorde~ ~Qng th~ pap~r~ of this Board of Supervisors of Chesterfield county, vlrglmla. Vote: Unanimous ~r. Morale presented t~e ~x~cuted resol~tiDn to ~. Spinner, e~r~se~ appreciation for his many years of ~e~icat~d so--ice to Thona~ Dale High So~ool~ and wished him well in his ~. Marshall Tra~ell, Chairman of the ~chool B~rd, read and pre,anted a resolution tO Mr. ~pi~r~ adopted by ~e School football at Thoma~ Dale ~igh School. Mr. Spinner expressed appreciation for the recognition. M~. N~/nnally introduced Mr. George B~adle~ Ms. Susan Collins, Mr. Tom Sordelett, ~r. Bill ~reider, ~$. Cu~ie B~tlett, Tom Ja~on, ~taff and Directors of the Jame~ River Soil and Water Con~rvation District who were 9r~nt to receive On motion of the Board, the followin~ resolution was ~EREAS, th~ Jame~ River Soil and Water District, comprising of Chesterfield, ~nr]co, and Prince George Counties, ~a~ e~tabl~hed on September 26, 1940 ~s the 12th district in Virginia, wi~Mr. Alvin ~istr of He~ico~ ~. ~.L. Gill uf Chesterfield, and ~. Gus~ave T. sw~rtf~rg~r of Prino~ Georg~ ~l~c=ed a~ th~ first Directors; and 9/27t95 WI{EREAS, the enabling legislation changed in 1962 addinq responsibilities for "water" conservation; and WI~ERRASr ~snrlco County formed their own district in 1975, leaving Che~terfleld an~ Princ~ George counties es the boundaries of the ~ames River soil and Water Conservation District; and WHEREAS, the James River Soil and Water Conservation District Directors serve es focal point £0r coordinating the Conservation Service and the Department ef Conservation and Recreation; and WHEREAS, the Jam~z River Soil and Water Conservation District is charged with developing agricultural conservation plans under the ~e~aDeaRe ~ay Preservation Act. NOW, TEEREFORE BE IT RESOLV~, that the Chesterfield 1995 a~ the 55th Anniversary of the Jame~ River So~l and Wa%er conservation Dis~rio~, and p~eserving the s~il and water r~sources of Chesterfield County and the ~ommonwealth of Virginia. Mm. collins, M~. Sordel~tt~ Mr. ~eider, Ms. Bartlett, ~. Jamermon, exprumm~d appr~ia=ion for their dedicated se~ioe in preserving the soil and wate~ ~amources of Chesterfield County and the Co~onweal~of virginia, and recognized thim am one o~ ~e oldest, lung-standlng example of regional c~op~ation in Fnf. stith introduced M~. Mike Wahl who was present to receive the r~olution. On motion of the Board, the following reselutisn was adopted: WHEREAS, the chesterfield county Board Of supervisors establizhed a Buminem~ Appreciation and Recognition Award to recognize existing businesses within %he county tha~ contribute ~HER~A$, the Du Pont Company h~$ recently celebrated 6~ year~ in %he county; and private employer~ providing more than ~,?0~ jobs-to County-and' ~urroumd area c~izen~; and WHEREAS, the DU Pont Company has recently completed a moderniaation of their Tyvek pro~¢ticn facilities, resulting in an investment of nearly $100 million; end to produom Zy=el, ~ulting in the addition of 60 jobs; and 95-587 9/27/95 WHEREAS, t/la recent move o~ the Kevlar MarkettDg Division to the Chesterfield facilities positions the company to provide more investment and job opportunities for the County; and W~ERF2~$, the Du Pont Company is coca,unity minded and has sponsored the Tour Du Pont, the Winger Lectnre Series, and other events which help citizens as well as generate a positive image for Chesterfield County and surrounding areas. ~OW~ THEREFO~E BE TT R~SOLVED, that the Cheote~field County Beard of Sup~rvlsors h~eby expre~e~ its gratitude, on reoognizing th6m as the 1995 Large Business recipient of the ~r. Kasden introduced Ms. L~igh Williams and ~e. Riga Boykin, accempanlad by the students who participated in the program, On motion of t/~S Board, the following resolution was adopted: WHEREAS, a delegation of twelv~ Chesterfiel~ junior high se~ool otudonts participated in the Dwight D. Eisenhower Foundation Pe0pla to People s%udentA~assador Program to visit understanding of p~ople throughout the world, through varied educational aotivitie~ that acquaint st~4ents with the ~olitical, economic, and cultural characteristics of the countries visited; and W~EREA$, this Program widens the etudents' global development to the youth within our County; and orientation meetings with the students to prepa~e ti%om with travel guidelines, ba~i~ language skills, and cultural information that would enh~noe th~ student~' interpersonal skills when communicating wi~ Aus=ria, ~u~ga~, and Italy participate in this project; and Stephen Fa~er an~ Rite Boykin to organ~ze an~ im9l~an= the trip, to ensure that all requirements were met so tha~ mtudents could receive high school credit for this educational event; youth and had a collected impact on human relationships and international relation~. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes and ex~en~s its gratitude to Delegation Leaders Barbara Farmer, Stephen Farmer, and Rite Boykin for their assistance in making %his Program a reality. AND, B~ IT FLrR~ER RESOLVED, that the Board of Supervisors acknowledges the participation of th~ following ~t~dent a~bassadore who represented t~e United States of America and Chesterfield County while participating in this event: Aha Bobber~ Midlethian Middle School; A~ber D~rto~, Rebious ~iddle sshool; Tony Me,in, ~ruvi~enae Middle S~heel; Jason Francisco and Janna Stewart, Salem Middle School; Arthur Grant and Klm Krause, C~es~e= Mid~le Saheel, Alalna Sanders, Carver Middle S=hool; Adam ~ebb, Clover ~ill Renaissance ~igh SChO01~ chris Williams and Doe Criner, Bailey Brid~e Middle A~D, BE IT FURTKER RESOL%'~D, that & copy o~ this reselution be presented to each of these citizens and that this ~el~tioh be permanently recorded among th~ papers of this ~oard of SuDerv~sern of Chesterfield county, Virqinia. Mr. MeMale pre~e~d ~he ~xecutsd resolutions to Ms. Williams, Ms. Farmer, Mr. Tarmer, KS. Boykin, and each of the students, congratulated them on their p~rticipation in the Pmeqram, and 1S.G. R~COGNIZIN~ MISS HEATHER P. M~HLIz__TROOP ]2~ U~ON W~AS, the Girl ~¢o~ts of the Unite~ states of America is an organisation serving over 2.6 milllon girls and was founded to pro~ote citizenship uraining and personal development; and WH~REAS, after earning four interest project patches, the Career ~luratlun ~in, the Sen~or Girl Scout Leadership Award, the Senior Gi~l Seout~allenge, and de=igning and implementing in Girl Scouting and s~oliz~ out-tending accomplishments in ~s, the Girl Ecout Gol~ Award can only be earned by girls aged 14-11 or in gra~ ~-1~ and is r~c~ived by lees than movement; an~ Rede~Luth~ran Ch~ch, hen a=c0~pli~he~ these high standards and has been honored with the Gi~l Scouts of the united States or.erisa Cold Aver4 by ~h~ co~onweal~Girl scout Cuuncil o~ Virginia; and WHEREAS, growing through her experiences in Dirl $oeu~ing, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her County, Heather i~ i~deed a member of a new generation cf prepared young citizens of whom we can all be vary proud. NOW, THEREFORE BE IT RESOLVED, that the chesterfield Ceunty Board of Supervisors hereby e~tends its congratmle%ions to Miu~ Heather F. Sahli and acknowledges t~e good fortnn~ of the County to have such an outstanding young woman as one of its citi=¢ns+ Vote: Unanimous ~r. Warren presented the exeoute~ resolution to ~iss Sahli, a~ocmpaeiedbymembers of her family, congratulated her cn out~tanding achievement~ and wished her well in her future ~r. $~i~h in~roduced Dr. Cornelius C. I~wis who wa~ present to On motion of the Board, the following resolution was adopted: ~R~AS, ~r. Lewi~ wa~ a professor of A~ronom~ and Univmrsity, G~mblin~ State Univer~ity~ and virginia university; and ~AS, Dr. L~w~s played a major role in tbs founding of ~; and ~0~D which developed the Ettrick Village Plans which included a co--unity center now under oon~trustion at Ettrick Park; and ~ Dr. Lewis ha~ ~erved sinc~ 1984 Chairman of the C~unity Advisory co~ittee for Ettrick on the Co--unity Services Board monitorinq program ~tilization and WHER~S, Dr. Lewis is a founding me,er of the Southlawn Neighborhood Watch Program and i~ a longt~me precinct loader for vote~ ~egi~=ration s~rving as an election official; and ~ER~S, Dr. Lmwls has serve~ as a board m~mber of incorporated in th~ Tr~-Cities Are~ since 19B7; ~EREAS, D~. Lewis is a dedicated member of ~es~erfield D~mocratio Co~ittee; ~E~AS, Dr. L~wi$ i~ h~ghly respected and recognized in th~ Et%rick CO,unity as a l~ader, Pa~ excellence. Sup~isors do her~y honor Dr. Cornelius C. Lewis for his many accomplishments to th= cO~Uni=y of Et~rick and the Coun=y at- NOW, THEREFORE BE IT 2E~OLVED, that a o0py o£ this resolution be presented to Dr. Cornelius C.C. Lewi~ &nd that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimou~ Dr. Nichola~ p~ese~ted the executed resolution to accompanied by his wife and recognized approximately 10 persons present at the meeting in support of Dr. ~xch01a$. He acknowledged the outstandin~ work o~ Dr. Lew~e as a professor, re~earcher, and tutor and expressed appreciation for his service to Chesterfield County. Dr. Lewim e~pre~ed appreciation for the r~cognitien and to everyone, especially hie wife, who has supported him over thm years. Mr. Golden introduced Ms. Be= Ludden and ~s. Debl =vans, Cc- Directors; Mr. Dan Dalton, Supports Servlcss Director, amd Mr. presen~ to rsuelvs the resolution. On motion of the Board, the following re~olution was adopted: W~EREAS, a delegation of twelve Chesterfield junior high ~chool studunt~ participated in the Dwight D. ~isenhower Foundation People to People Student Ambassador Program to visit educational activitia~ ~ha% acquaint students with the polltlcal, economic, and cultural characteristics of the countries visited; and perspective and offers an opportunity ~or personal growth and orientation meetings with th~ students to prepare th~ wi~ travel ~idelines, basic language skills~ and cultural infor~tiun that would e~ance the students' interpersonal ·kills when co~unicatinq wi~ Austria, Hungary, and Italy citizens; and and support activities necessary to enuble the group to Stephen Fa~er and Rite Boykin to organize and implement the ~tinerary ~reparmd for ~he =tu~ent ambas=a~rm throughou~ %h~ could receive high school credit for ~hi~ educational event; NOWI THEREFORE B~ IT P~$OLV~O, that the Chesterfield County Board of Supervisors hereby recognizes and extends its gratitude to Delegation LEaders Barbara Farmer, Stephen Farmer, and Rita Boykin far their assistance in making this Pro,ram a reality. AND, BE IT ~THER RESOlVeD, that the Board of Supervisors acknowledges the participation of t/~e following ~tudent ambassadors who represented the United States of America and Chesterfield County while participating ~n this event: Ama Bobber, Midlothian ~id~le School; ~mber Burton, Robieus Middle S¢hoot; Tony Morin, Providence Middle Jason Franci~o0 and Janna Stewart, salem Middle School; ;%rthur Gra~t and Kim Krause, Che~ter Kiddle School, Alaina Sanders, Carver Middle School~ Adam Webb, Clover ~ill Renais~a~c~ ~igh SChool; Chris Williams and Dee c~in~r, Bailey Brid~e Middle School; and Co,they Richardson, Grove Avenue Baptist School. ~ND, BE IT FURTHER RESOLVED, that a copy of this resolution be permanently recorded a~ong the papers of this ~oard of Supervisor~ of Chesterfield County~ Virginia. Dr, Nichola~ 9resented the executed re~olutions to M~. Luddan, ~s. Evans, Mu. Gates~ MS. PhilliDm, ~. Dalton, and Ks. Gates ~xpresmad appreciation for t~a recognition and t~i~ ~ooo~r to~nament will generate approximately $4 million in revenue for the County and ra~oqnized the financial of youth spurts %o a community. ~.A. TO CONSiD~ ~ ORDIN~CE ~DIN~ THE CODE ~HESTERFIELD CO~. SECTIO~ 6-2.1,_~E~I.~ TO PR~ED~RES FO~ REMOVING. REPAIrINg, OR Mr, MiCa~ stated this date and ti~e has b~n a~v~rtis~d Ior public hearin~ to consider an urdinanc~ relating tm the County's removal procedure f~ un~afe buildinqs and No one came forward to speak in favor of or against o~dinance. On. motion oS ~r. Barber, ~eQond~ by Dr. Nicholas, the ~ourd adopted the following ~ O~INANCE TO ~ND T~E CODE OF T~E CO~TY O~ C~$T~IELD, 197~, AS ~ND~D~ BY ~DING ~D ~ENACTING SECTION 6-2.1 RE,TING TO R=~OV~ AUTHORITY AS TO ~$A~ STRUCT~ES ~ ~T ORDAINED by the Doard of Supervisors ~esterfield (1) That Section 6-2.1 of th= Co~ OS =~e County of ch~%erfi~ld, ~9~, as ~ended, is amended und reenacted to read as follows: the building official shall have the authority to require the owners of any property within the county to remuve, repair or secur~ any building, wall or other st~ct~ lo~ated on such the public health or safety of other county (h) If a building, wall er ether structure located in the county is determined by the building official to endanger the p~blic health or safety sf residents, the building official shall cause notice to be served on the owner of the property ~pon which sue~ b~ilding~ Wall or other structure is located, requiring the owner to remove, reDalr or secure such building, cannot be found after a diligent search, such notice shall be sent, by registered or certified mail, to the owner at his last known address. A copy of the notice shall also be posted in a conspicuous place on the property upon which ~uoh b~ilding, wall or other structure is leos%ed. (c) The owner cf tha property upon which s~ch building, wall or other structure i= located =hall rmmov~, r~pair or secure the same, as specified in th~ notice~ within thirty (30) d~ys of the delivery by hand of the notice to the owner, within thirty (30) days of the mailing of the notice to the o~er, or within thirty (30) days cf the date on which the notice was posted, as provided herein, whichever is later. If the owner shall fail to take the action requlr~d by th~ building official and ~pecified in the notice within this time period~ the building official ~ay arrang~ for such building, wall or other structure to be removed, repaired or mecured~ a~ ~pecified in or securement shall be chargeable to and paid by ~he owner of ~uch property and may be collected by the county a~ taxes and levies are collected. (d) Every charge authorized by this section with which re~ai~s unpaid ~hall constitute a lien against such property. That this ordinance ~hall become effeetiv~ Vote: ~nanlmous 16.B. TO CONSIDER CHESTERfieLD COUNTY'S ~gLTC~TION FOR A SECOND ENTERPRIS~ ZONE IN THE OU~.N~._Y, INCLUDING {~OUTE 1/301~ FROM ROUTE 10 ~O~T~ TO TH~ ,~ORPORATE EDGE ROAD ACROSS 1-95 ~ THEN INUL~IN~ PROPRRT~S SWIFT ~EEK Mr. stith stated this date and ti~e has Dean advertised for a public hearing to consider Chesterfield County's application ~LT. Louis Lombard stated ~e support~ the request for a second ~nterprise Zone in the County. There being ns one else to addreus this issue, the public hearing was clesed. 14~. Daniel stated ~e feels this is a continuation of th~ rejuvenation along the Jefferson Davis Highway'corridor-and'is' u step in th= right direction. Mr. Daniel then made a motion, seconded by Dr. NiShelas, for tho Board to authorize staff to apply for a Chesterfield county application fcr a second Enterprise 5one in the County, otherwise referred to as the ~altkell Area Zone, including property along Jefferson Davis Highway Corridor (Route 1/301) from Route lQ South to th~ Corporate Limits of Colonial Heights and ~astward along Woods Edge Road across 1-95 and then including properties along T-9~ South of Old Bermuda Hundred Road to Swift Cr==k~ Vote: Unanimou~ ~6~R0119 In Matoaca Magla%ariel District, B0~rAL~ ~ND R~RB~_~A COX mobile home in a Residential (R-7) District. The density of this proposal i~ approximately 1.14 ~its pe~ acre. Th~ Comprehensive Plan d~signates the prop~r~y for residential use line of Ferndal~ Avenue, appruxi~tely leo f~t west of Pickett Avenue, and i~ better ~nown as ~t801 Ferndale Avenue. Tax Map 186-3 {2} A=~S=~s wright =state, Lots 18 an~ 19 (Shoe% ~taff recommends approval of t~e ~equest for ~ev~n years located wi~in the 100 year flood plain and i~ an ar~a de~i~ted by ~e Sou~ern and western krea Plan for r~si~ential u~e. ~s. ~arbara Cox stated the r~co~endation is aoceptable. There wa~ no opposition prm~ent. On ~otion of Dr. Nicholas, seconded by ~. Barber, ~e apDrove~ Case 96SR0119 for =even (7) y~arz zubject to the The applicant ~hall be the owner and occupant of th~ mobile home. No lot or ~arcel m~y be rented or l~a~ed for u~e aa a mobile ho~e site~ nor shall any mobile home be ~ed for rental property. Only one (1] mobile home shall be p~itted to be ~ark~ on an in~ividua! lot or parcel. 3. Th~ minlmun lot size, yard setbacks, required front yard, and other zoning requirement~ of the z0~ing di~trlc= ~ha11 be complied with, except that no mobil% home shall be located closer than 20 feet to any existing No additional permanent-type li~ing space may be onto a mobile home. All mobil~ hones shall be sklrt~d but shall not be ~laced on a p~rmanent founds=ion. 5. Where public (County) watmr and/or sewer are available, they shall ~ Upon being granted a Mobit~ ~ome Permit, ~e shall then obtain the nece~sa=y ~e~mit~ from the Office of the Buildin90ffloial. Thi~ ~hall be dona prior 95-~94 9/~7/95 Vote: In Bermuda Maqisterial District, CHARLES W. ~ND ES~%NOR T~PL~ requested a Mobile Home P~rmit to park a mobile home in e Residential (R-7) District. The density of thi~ proposal is approximately 1.32 units per acre. The Compr~hsn~ve Plan designates the property for residential use of 1.01 to ].5 ~ni~s per acrs. This propsr%y fronts %he west line of oak Road at ~hield~ Road and i~ bett~r kno~ a~ 170~ ~hield~ Road. Tax ~ap 98-14 (4) shields Property, clock D~ Lets 1 =~ough 4 (Sheet 3~). ~r. Jacob~on presented a s~ary of Case 9~S~0121 and stated subject to standard conditions. He noted the mobile home residential use. reoo~endation is acceptable. There was no opDositio~ p~esent. o~ ~otio~ of ~, MeHale~ seconded by Mr. Barber, the Board following conditions: mobile home. mobile ho~a mite, nor shall a~y mobile hone b~ rental property. Only ohm (1) mobile home shall be p~i~ed to be parked on an individual lot ur purc=l. 3. The minim~ lot ~ize, yard setbacks, ru~irud front yard, an4 other zoning requirements of t~e aching district shell b= complied with, e~cept that no existing 4. No additional pe~anent-type living apace may be added onto a mobile home. Ail mobile home~ ~h~ll 5. Where public (County) water and/or E~wer ar~ availabl$, 6. Upon Dsing granted a Mobile Home Permit, ~e applicant ~hall th~n ob%aim the necessa~ p~r~i%~ from =he Office of th~ Building Official. Thi~ ~hall be done prior to the inst~llation Qr r~lo=ation of =he mobile home. 7. Any violation of =he above conditions shall be grounds for revocation of %he Mobil~ Home Pe~it. In Bermuda Magisterial Dietric~, landmark designation i~ the property for residential uss of 2.~1 to 4.0 units per acre. This request lies in a Residential (R-7} District an property ~pproval cf this request will require the County Preservation House structure and =arriage house subject to a eonditlon. Fir. Luther Dixon, the praparty owner, stated the recommendation approved Case 95HP0297 subject to the following condition: The designated property shall be as'follow~: 32). Vote: Unanimous 9~SNOiOB In Clover ~ill ~aqi~terial Distriat, BOB~H~ATE requested resorting from Residential (R-7) to Corporate Office (0-~) of 0.9 acre~ plus amendment to Conditional Use Plar~ed Develol~ments (Cases 86S035 and ~PSN0199) ~u allow reduo%ion in paM~iDg space ~izes and modification of approved building ~guare footages on a portion of an existing office oomplex (Arbor~tum)~ The ~eD~ity of ~uch amendment will be controlled by ~e~ing conditions or Or~inanue standards. The Comprebcn~iv~ Plan designates =he property for office use and for residential use of 1.51 to 4.0 unit~ per acre. This request lies in Residential (R-7) and Corporate office (0-2) Districts on tWO (~) parcels totaling 30.9 acres, the first parcel £ron~ing approximately 100 feet on the south line of Midlothiun Turnpike and approximately 900 feet on =he wes~ line o~ Pow~ite Par~way and th~ ~econd parcel fronting approximately 570 feet on e~st llne of North A~ch Road an~ approximately 2,300 feet on the south llne of Arboretum Parkway. Tax ~ap ~-1 (1) Parcels 25, 26, 27, 28 an~ 33; Tax Ma~ 25-2 (1) Parcel S~; and a parcel designated as vnet right of way on Tax Map 28-5 (Sheet 8). Mr. Jacobsen presented a summary of Case 96~N0108 and ~tated the Planning Commission deferred ~is reguest for thirty days at their October 17~ 1995 meeting, therefore, ~taff a thirty day d~ferral of ~e ~eguest. ~o one came fo~ard to speak in favor of or against deferral. On motion of ~. Warren, seconded by M~. Wa~e~ the Board Vote: Unanimous 95-596 ~/27/9§ In Bermuda ~e~isterial Distrist, CHeSTeR R~DBVBLOPM~T ASS0¢IATES, L. L. C. AND ~ELVIN L. DAVIS 0IL ¢0,, I~. request ~ezoning from Agricultural (A) and Residential (R-7) to Ccmmunlty Business (C-3) of 7~.6 acres plu~ conditional Use PlanDed Duvelopment to permit u~e and bulk exceptions on thi~ tract plus a 10.$ acre tract currently zone~ Co~nity Business (C-3). A mixed use d~velopm~nt ~ith residential, office and oommeroial use= is planna~. The ~ensity of such amendment will be controlled by~oning eoDditions or Ordinance standards. The Comprehensive ~lan demiqnates the property for neighborheod multi-family residential use with a density of 2.5 to l0 units per acre; natural eon~r~ation; and residential use of ~.~1 to 8.0 units per acre. This request lies on 83.9 acre~ fronting approximately 70~ feet on the north line of We~t ~undred Read end lies between the CSX Railroad end DeLavial Street. Tax Map 11§-2 (1) Parcels 6 and ?; Tax Nap 1!~-2 (2] W. C. Trusheart, Lot 5; Tax Map 115-3 (1) Parcel ~i Tax Map 115-5 (1) Parcel 40; Tax Map 115-6 (~) W. C. Tru~heart, LO~ 6; and Tax Map 115-7 Parcels 1, 2, 3, 15 and 35 (Sheet Mr. Jacobson presented a ~unmary of ca~g 95SN0309 and stated p~offe~ed do~ditio~s F. and G. were n~gotiated with the Planning Co~ission, ~=~ore, ~ Board would need to ~uspend its rules to consider those proffered condltlon~. On notion o~ ~. ~c~ale, ~econded by Mr. Barber~ the Board suspended it~ ~ul~ at this time to consider the following 1. A Design Review Committee (DRC) shall be creutxd to draft and record . Tract which shall provide for demig~ whioh will insure that the dwelling unit~ have a design theme and archltect~ral character fenestrations as generally de9icted in pictures and elevation~ p~eDa~ad by Planning and D~igD Collabora=ive, Ino. dated September 1995. The DRC s~all be comprised of an ~qual numar of m~bers representiag Drojac~ develope=s and individuala ~l~tad by th~ Chester Village Foundation who ~o not financial or personal inter~t~ i~ the proje=t. The Chesterfield Planning Department shall have one member of the DSC. The restrictive covenants shall provide %hat they cannot be amended or repealed without tho upproval of ~jority of the members' of the (NQT~; This condition is in addition no th~ Textural Statement, II., A. l. and B. 2.) 95-597 9/~7/95 REQUIREMENTS FOR LOTS WITK SECOND DWELLING UNITS. dwelling units, no more than one (1) unit may be a rental unit~ Vote: Unanimous 1,'ir. MoHale made a mction~ seconded by Dr. Nicholas, for the ~oard to approv~ Ca~e 9S~N0309 subject to the following conditions{ 1. Except as stated h~rein, the Textual Statement dated June 199~, revised 27 July 1995, and the Master E~/%ibit C~ dated 19 June 1995, shall be considered the Master Plan. 2. If a~prov{d by t~ FlaPPing Co~i{~ion at the time cf cenceptual~ site, or tentative plan approval, dwelling anita shall front adjacent ~treet~ an~ the recorded plat ~hall indicate which yard or street front is ~u ~e Eton: yard on corner lots. (T} (NOTE: This condition supersedes Textual Statement, Residential Neighborhood District, ~,b).) 3. Conceptual plans s~atl be submitted to the Planning Commission Sot review and approval. (NOTE: T~is condition modifies the Textual Statement, II., A. 1.) 4. within the Residential Neighborhood Tre~t, all use~ shall he designed such ~h~t, upon occupancy, vehicular and pedestrian access{e~) is provided from such nsa~ through the village Green tract. Thi~ condition may be modified by the Planning co~ission at the time of oc~oeptnal, site or =entative plan review and approval based upon submission and approval of a phasing plan for provision of such (NOT~: This condition is in addition ~e the Textual Statement~ II. 5. Within the Residential Neighborhood Tract, no more t~an s~venty-.five (7~). IQts ~hall be permitted to have accessory or second dwelling unit~. Any lots which have accessory or second dwelling units ~hall be limited to lots which are not adjacent tO Lee er DeLavlal Streets, unless me~££1ed by the Planning Commission at th~ tlm~ of conceptual or tentative plan review and approval adjacent property has been zoned to permit multi-family, townhouse o~ ~imilar higher density residential development. At the aims of conceptual plan r~vi~w, tho~ lot~ p~mitted to have second or dwelling units ~hall be indicated on the plan~. Those lot~ approved for such uni=s sh~ll be identifie~ on record sub~ivlsion plat. (~0TE: ~i~ COndition modifie~ the Textual Statement, II., B. l.c) and Within the Residential Neighborhood Tract, a nnximum 400 dwelling units shall be pe~itted. Of the 400 dwelling unit~, no more ~an 140 shall be mol=i-family residential ~less such multi-family residential are condominiums as defined and regale=ed by the virginia Condemlnium Act or ~ttach~d (NOTE: This condition modi£ie~ the Textual statement, I. and II., B. 1. ?. Within the Residential Neighborhood Tract, multi-family residential units, other than those units whish are re9~lated by the Virginia Condominium Act, shall be Debitted provided such units are located internal to the development (~Xeept where adjacent to the CSX Railroad) and shall be demigned such that other type~ of permitted residential uses are located between the multi-family uses and adjacent properties to the development. This condition may he modified by the Planning Commission at the ti~e of conceptual, site or tentative plans review i~ adjacent property tn the development has been zoned for mUlti-family u~e~ or if the multi-family uses have been designed to insure compatibility with adjacent properties to the development. (NOTE: This condition is in addition to the Textual ~tatement, II., B. 1. No mor~ than 400,000 gross squar~ f~t, to include res~dentlal and non-residential uses, shall be permitted (NOTE: This condition i~ in addition Ce the Tax'cue1 Statement, II., C. ~).) 9. Within the Village Green Tract, th= design theme and architectural character consisting of appurtenances, features and fenestrations of development sh~ll be as generally depicted in the pictures an4 elevations p~eparedbyThe Planning and Design Collaborative, Inc., d~ted ~ ~eptember 1~5. mlans depicting requirement ~hall be submitted to t~e plan~ing Department for review and approval. (NOTE: This condition is in addition =e the Textual statement II., A. 2. and C. 2) ~d, further, for th~ Board to accept t~e following proffered condltlon=: permits, th~ Environmental Engineering havm been received. A qualified applicable state and Federal agencies ~s not re,ired. 2. ~cept for timbering approved by the Virginia no timbering on the Property nntil a land di~turbanc~ p~it has been obtained f~om approvod ~vices ins=ailed. 9/27/95 3. Within that area identified as Village Green, storm water shall be ~atained on site based than the pre-developed 2, 10, and 130 year 1. Public water and sewer shall be utilized, used for irrigation purpom~s only for open re~irement~ of Chapter ~s.1 of the County Code)- In ~onjuDation with the submittal of the first bs submitted to the utilities Department for the reutimq, sizing, an~ tie-in points for aL1 mains an~ shall provide all data as necessary including water system analysis based on a ~uildout scenario and utilizing tire flow demand~ as deemed apprc~rlate ~y the Fire A~ministration. Prior to site plan approval for any development adjacent to Route I0, ferny-five (45) f~t of right-of-way on the north side of Rcut~ 10 measured from the csnterlina of that par~ of Route 10 immediately adjacent to the property shall ba dedicated, free and unrestricted, CA$~ 1. Cash proffers are not required for the oonstruction of up to 69 dwellin~ mn~ts in the Development. This application contain~ development scenarios which will increase the nm~o$r of dwelliDg units above the currently proffor~ (Or ~ome port,on thereof) may be due and payable as follows: a) At the time designated below, shall pay the following cash payment to the County for infrastructure improvements within the s~rvics d~strlct for limitations set forth in b) below, the shall pay the following applicable Gash proffer fa6 for each dwelling unit i- kt th~ time of building permit application, the cash paSrme~t, if the amount currently approved by the ~oar~ of Supervisors (the dwelling unit; or ii. The a~o~t approved by the Board not ~O exceed $5,175 for each dwelling unit constructed in the Development, adjusted upward by any inoreaee in the Marshall and ~wift Building Index between July 1, 1995 and July of the fiscal year in ~hi~b the payment is made if paid after June 30, I996.. On any parcel or group of contiguous lots developed fo~ five or more re~id=ntial Housing [residential units which ~hatt ~eet th~ occupancy regulrements for "age 55 or over' honaing as set forth in Sec. 3607 of the Fair Housing Act, 42 uses Sees. 3601 et. s~q-, as amended by the Fair Housing Amendments Act of i~SS and 1~0.304 of Subtitle B - Regulations rote=lng =o Housing and Urban Deve!opment~ Pa~t 100, Subpart E - Housing for Older Person~, 24 CFR CH.1 100.30Q ~.seq., 4-I- 9O Edition in effect as of the date of the re~ening; and further~ the foregoing notwithstanding, no person under 19 ~hatI reside in these units;] for which cash proffers would otherwise be du~ a~ ~et forth in Proffer a) above, the cash proffer described b~lo~ ~hall be paid: i. For cash dwelling unit developed, the assigns, at ~he time of building permit application~ shall pay es cash proffers Co the County that portion infrastructure improvements within the service district for the Development, excluding that portion ~pplicable to schools, but ~ubjeot to th~ provi~ion~ of the purposes designated by the Capital %mprovoment Program within fifteen years f~o~ the date of ~a~rm~nt, they shall be returned in full to ~he Applicants, their successors or At the option of the County and as a credi~ against ~he cash proffer sehool~, parks, libraries, fire station~ and/or roads, the Applicants, their successors or assigns~ may make such land dedications and/or in-kind improvements for ~chool~, park~, libraries, fire stations, and/or roads, ~ubject ts the following ~cn~itions ~nd limitations; i. Unless otherwise mutually agreed, the aggregate value of such land d~dieatfon~ and/or An-kind improvements shall not e~ceed S5,175 p~r residential dwelling £or which building permit is is~ued~ The value of any land dedicated to the County shall be the fair market value (unless otherwise mutually agreed) of such property conveyed a~ of the date 95-501 9/27/95 ~TERANCE Should Chesterfield County impose impact and/or fire stations at any time during the life of the DeVelop~snt~ the amount paid in s~sh proffers shall be in lieu ~f or credited toward any impact fees at the determination oS t~e County. the validity or enforceability of proffmrs O~ the unaffected part of DESIGN Rgv%~W COMMITTEE The unenforseahility, illegality, elimination, herein, in whole or in part, shall not 1. A Design Review Co~ittee (DRC) shall be ~r~ated to d~aft and record restriotive ~ovanants for ~he Re~id~ntlal Neighborhood Tra~t which shall provide for design whi=h will insLLre that the ~w~lling units have Co~si~ting ~ appurtenances, features and fenemtrationu a~ generally depicted in the pictures and elevations prepared by the Planning and Design CollaBorative, Ins- September 1995. The DRC shall b~ comprised of an equal nu~er of members representing the project developers and individuals selected by the Chester Village Foundation who do not have financial or personal interests in the project. The Chemt~rfield Plannin~ Department shall have one member u£ the DRC. The rs~trictiv~ covenant~ mhall provide that they cannot be amended or repealed without the approval of a najority of the members of the DRC. (WOT~: This condition is in addition to the Textural Statemen=, II.~ A. 2. and D. 2.) G. REQUIREMENTS FOR LOTS WITH SECOND D~LLING 1- Restrictive covenants shall be recorded which require that on those lot~ which permit two (2) dwelling units, ne more than one (~} unit may b~ a rental unit. Mr. McKale stated this has been a l©~g pro~e~s in which ham ~orked on vmry ~ilipently and thai he f~el~ it i~ a good project which is an extension of a publio/private partnership that started several years ago. He expressed appreciation ~taff for their ~ffo~t9 in ~ing ~is project a auccess. seconded by Dr. Nicholas, fo~ the ~oard to approv~ 965N0309 s~ject to the following conditions: June 1995, revi~ed 27 ~ly ~9~ and ~e Master ~lan, Exhibit C, dated ~9 gun~ 1995, ~hall be consldere~ 2. If approved by th~ Planning co~ission at ~he time conceptual, ~ita, o~ tentative plan appreval, uni=s shall front adjacen~ streets and ~e recorded plat shall indicate which yard o~ arrest front is to ~ the front yard on corner lots. 9/27/95 Residential Neighborhood District, (NOTE: ~HE FOLLOWING ADDITIONAL CO~DITI0~ WE!RE NEGOTIATED BETWEEN THE APPLICANT AND THE BERMUDA DISTRICT COMMISSIONER SUBSEQUENT TO ~{E COMKISSION'S AUGUST PUBLIC BEARING. ZT IS STAFF'S UNDERSTANDING~AT THE APPLICA/~TS ACCEPT THESE CONDITIONS.} Conceptual plane ~hall be submitted to the Planning co~mission ~or review and appruval. (NOTE: Thi~ condition modifies the Textual Statement, II.~ A. 1.) Within the Residential Neighborhood Tract, all shall be desig/~ed such that, ~pon oecupancy~ vehicular and pedestrian access(es) is provided from such uses through the village Green t~act. This condition may modified by the Planning Commission at the tine of conceptual, site or tentative plan review and approval based upon submission and approval of a phasin~ plan for previ~ion of such access(es). (NOTE: Thi~ condition is in addition to the Stat~en%, II. B.2.) Within the Residential Naighberheo~ Tract, ne more than seventy-firm (75) let9 shall be permitted to have accessory or secend dwelling units. Any lot~ which have aocesSury or second dwolling ~i~ shall be limited to lo=s wh±o~ ar~ not adjacent to Lee or DeLavial Street~, unless modified by th~ ~lanning Commission at the tim~ of conceptual er tentative plan review and approval if adjacent property has been ~cn~4 to pe~-~lit multi-family, to%~r21cuse er similar higher density rEEidentiaI development. At the time of conceptual ~lan review, lots appruved Esr such unite shall be identified on the record subdivision plat. (NOT~: This condition modifi~s the Textual II., B. i.o) and Within the Residential Neighborhood T~act, a maximum of 400 dwelling unit~ ~hall be permitted. Of tbs 4QQ dwelling units, no more than 140 shall be multi-family residential unl~ such mul%i-£amily residential are condominiums a~ defined and regulated by the Virginia Condominium Act or attached town,duse,. (NOTE: This condition modifies the Textual statement, I. and II~, B. 1. residential uni=s, other ~han r~hoEs units which are regulated by t~e virgimia Condominiu~ Act, shall be permitted provided such units are loom=ed intsrnal to the development (except where adjacent to the CSX Railroad) and shall be designed such that other types of permitted residential uses are located between development. This condition may be modified by Planning Commissien at the time of oonoeptual, site or tentative plans review if adjacent property to the development ha~ been zoned for multi-family uses or if the multi-family uses have been designed tO compatibility with adjacent properties to the development. (NOTE: This Cendition is in addition to the Textual Statement, II., B. 1. ~o more than 400,000 g~o~e square feet, to include ~esidential and non-residential uses, shall be permitted in the Villag~ Green Tract. (~OTE: This condition ie in addition to the Textual Statensn=, II., C. 2).) 9. Within the Village Green Tract, the design theme and ~rchitectur~l character consisting of appurtenances, features and fenestrations of development shall be generally depicted in the pictures and elevations prepared byThe Planning and Design Collaborative, dated ~ ~eptember 1995. Plane depicting this requirement shall be submitted to the Planning Department for review and approval. (NOT~; This ~ondition is in addition to t~e Te~=ual Statement II., A. 2. and C. 2) And, further! for the Board to accept the following proffered conditions: 1. Prior to the issuance of l~nd dleturhenoe permits, the environmental Engineering Department shall be provided with copies of cerresponden¢~ from applicable State and Federal agencSes in order that it ~ay be confirmed that all permits regarding wetlands have been received. A qualified wetlands expert may certify that notification of applicable State and Federnl agencies is not required. 2. ~xcept for t~mbering approved by tha Virginia State Department of Fore~try fo~ the purpose ef removing dead er dimeased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from Environmental Engineering Department and the approved devi~es installed. 3. Within that area identified as Village Green, storm water ~hall be retained on site based upon the poet development 2, 10, smd 100 year storm an~ th~ releaEe rate shall be no ~reater tha~ the pre-developed 2, 10, an~ ~0O year UTILITIEg 1. Public water and sewer shall be utilized, except that wells and/er Dodies of water may be used for irrigation purposes only for open space, park, and ¥illaga green areas (subject %0 Health Dsp~rtment approval and the requirements ef Chapter 1~.1 e£ the County Code). 2. ID ~onjunct~on with ~e submittal of the first Conceptual Plan for the Development, an overall water and sewer plan for the D~velopment shall be submitted tn the Utilities Department r~view and approval. Thi~ plan ~hall depict the routing, ~z~ng, and tie-in points for all mains and shall provide all data ae necessary 95-604 .9/27/95 including water system analysis based on a buildout ~cana~ie and utilizing fire flow Administration. TRANSPORTATION 1. Prier te site plan approval for any development adjacent to Route 10, forty-five (45) feet of right-of-way on th~ north side of Route l0 measured from the =snterllna of that part of shall he dedicated, free and %t~restrictad, to and for the benefit of Chesterfield County. CASH PROFFERS 1. Cash proffers are nu~ required for the construction of up to 59 dwelling units in the Development. ~his application contains development scenaries which will increase the number of dwelling units above the currently pe~mittsd number of units, in which case cash proffers (er ssme portion thereo£) may ba due and payable as foll~w~: At the time d~signated below, the Applicants, their successors ur ammigns, shall pay t~e fOllOwing cash' payment to the County for infrastructure improvements within the service district for the DsvsloDmen~ as ~ssignata~ by the c~pital I~p~avsmenr ~og~am. Subject ~o th~ limita~ions sat forth in b) balow, the shali pay the following applisable cash i. At the ~ims of building permit paid prior to June 30, 1996, shall be the amount currently approved by the ~oard Of supervisors (the "Hoard') dwelling unit; or ii. The amount approved by the Beard not to e~ee~d $~,17~ for each dwelling unit ~enmtructed in the Development, adjusted upward by any increase in the Narshall and swift Building Cost of the fiscal year in w~ic~ the payment is made if paid after Jane ~nits., desired for Elderly~Retirement ~ouslng [rmsidential units which shall 100.304 Of subtitle B - Radiations ~rson~, 24 C~ CH.1 1oo.~00 et.see., 4-1- 95-605 9]27195 SEVERANCE 90 Edition in effect as of the date of the rezoninqf and further, tho foregoing notwiths~andlng, no person under 19 shall reside in these units;] for whish cash forth in Proffer a) above~ proffer daso~ibe~ below shall b~ paid: i. ~or eao~ dwelling unit ~ev~loped, the Applicants, their successors or assigns, a= =he tim~ of building per, it application~ ~hall pay as proffers to the County that portion of the cash proffer for infrastructure i~provements within the s~vioo d~strict for the D~velopmont, excluding that portion ~pplicable to schoul~, but ~ubject to the provisions Of a) above. If tho cash proffers ara not eapende~ for the purposes designated by tho Capital Impravemsn= Program within fifteen year~ from the date of payment, they shall bo returned,in full to tko Applleant~, At the option of the County and ~s a credit eg~inot tho cash pre~er for ~¢h00ln, park~, Iibrarles, fire stations~ and/o~ roads~ the Applioan:~, ~heir dedicatidhs and/or in-kind for schools, ~arks, libraries, fire stations, and/or roads, subject to the following conditions ~nd limitations: i. Unless otherwise mutually agreed, the aggregate value of such land dmdications ~n~/o~ in-kind improvements shall not exceed $5~175 per residential dwelling for which a buildinq permit is i~suod. The value o~ any land dedicated to the County ~hall be the fair market value (unles~ otherwise ~utually agreed) of ~uch property conveyed as of the date e) Should Chesterfield County i~po~e i~pact fee~ for schools, parks, re~s, libraries, and/or fire stations at any time during the life of the Development, the amount paid in cash proffers shall be in li~ of or credited toward any impact fees at the determineCi~n o£ the County. Th~ un~nforc~ability~ illegality, elimination, revision or amendment cf any proffer sat forth heroin~ in whose or in part, ~hall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. 95-606 ~7/95 DESIGN REVIEW COMMITTEE A DeSign 'Review Committe~ [DRC) mhall b~ created to draft and record restrictive covenants for the Residential Neighborhood Tract which shall provide for design controls which will insure that the dwelling units have a ~esi~n theme and architectural character consisting of appurtenances, features and fenestrations as generally depicted in the pictures and elevations prepared by the Planning and Dealgn Collaborative, Inc. dated 5 September 1995. Th~ DRC mhall b~ comprised of an equal ~u~ber of members repre~entin~ th~ project developers an~ individuals ~electe~ by the Che~ter Village Foundation who dc ~ot have financial or personal interests in =he project. The Chesterfield Planning Department shall have one member of the DRC. The restrictive covenants shall pro~ide that they cannot be amended or repealed without the approval of a ~ajo~ity of the ~embers of the DRC. (NOTE: Thim condition is in addition to the require that on thog~ lot~ which permit two dwelling units, no more than one (~) unit Vote: Unanimous 95S~0241 In Clover Kill Magisterial District, ROPER EROTH~R~ ~U~R COmPAnY, IN~. requested rezoning from Agricultural (A) to Light Industrial (I-ll, The density of such amendment will b~ controlled by zoning conditions or Ordinance standards. The Comprehensive Plan demlgnat~ the prop~r~y ~or light industrial use. This request lies on 3.~ acres frontinq approximat=ly 150 fast on the ~outh %i~e o~ Genito Road, also £rontin~ approximately 520 feet on the east line of Warbro Road, and located in the southeast quadrant cX the intersection o~ thes~ roads. Tax Map 48-3 (I) Parcel 13 (Sheet 13.}. ~r, Jacobson presented a summary of CaSe 95SN0241 and stated th~ Planning Commission and staff recommends approval mhd aeseptanoe cf proffered CO~ditions. He noted the request conforms ts the Powhite/Rsute 2~ Development Area Land Usa ~D~ Transportation Plan. ~. Larry Horton, representing the applicant, stated the recommendation is acceptable. There wa~ ne sppesitien prement. On ~ot±on of ~, Warren, seuonded by Mr. Daniel, the Beard approved Ca~e 95SN0~41and accepted th~ following proffered conditions: 1. T~e ~1i¢ Water system sh~ll be used. ~rior to si~e plan approval or upon request by the County, whichever occurs first, forty-flv~ (~S) feet Of right-of-way on the south side of Genito Road measured from the centerline of that part cf Genlto Road immediately adjacent to the property ~hall be dedicated, free and unrestricted, to and for ~he bsnefit o~ chesterfield county. 95-607 9/~?/95 Prior to site plan appraval or upon request by the County, whichever occurs first, thirty-five (35) feet of right-of-way on the east side of Warbru Road from the centerline of that pa~t of Warbro Road immediately adjacent =o the property shall be dedicated, f~ee and unrestricted, to and f~r the benefit of Chesterfield County. 4. NC direct access shall ~e permitted to Ganito Road. Access %o Warbrs Road shall be limited to one ~ntra~ee/e~it located towards the ac~thern property line. The e~act location of thi~ access ~hall ~e approved by the TrRnsportation Department. 5. Prior to issuance cf an occupancy permit, pavement shall be constructed alon~ Warbro Road at the approved access to provide a right tern lane. Any additional right-of-way (or easements) re,aired for thi~ improvement shall be dedicated, free and uDrestrlcted, to and for the b~n~fit uf Ch~terfiel~ County. Vote: Unanimous ~n ~ato~ca ~a~i~ta~ial District, j~M~ F. HU~A.RD re~oning from Agricultural (A) and Light Industrial (I-1) to Com~tunity Business (C-3) of 73.7 acres and from Agrioultur~l (A} to Residential (R-12) of ~4.6 acres. The applicant has agreed to limit deuelo~ment an ~he R-12 tract ts a maximum of 120 lets, yielding a density of approximately 2.2 units per acre. The density of the Commanity Business (C-3} tract will be controlled by zoning conditions or Ordinance standards. A nixed use development consisting of commercial; office; offioe/war~//ouse; and residential multi-family, townhouaa and single family uaa~ iz planned. The Comprehensive Plan designates the property for community mixed ume, conservation/passive recreation and residential use of 2.~ units per acre or lass. This request lies on thrse [3) parcels of tan~ for a total of ~28.$ acres. The first parcel fron~s approximately 1,§2~ feat on the sooth line of Kull Stra~t Road, al~o fronts approximately 1,450 feet on th~ east line oS As~laJ:e Parkway and also fronts the west line of Winterpock Road in two (~) places and the we~t line cf Bethla Roa~, generally south of ~¢Enally Road. The s~¢oDd parcel lies at · he southern terminus of Ashlake Parkway. ~e third parcel looated in =he southw~st quadrant of the inter~ection of A=hlake and Ashbrook Parkways. T~X Map 75-5 (I) Parcel 3 and Tax MAD'75-10 (1) Part oS Parcel 1 (sheet 20). th~ ~lanning Co~ission and staff reco~end~ approval and acceptance of D~offered conditions. He no=~d the request confo~s to the UuD~ Swift Ct%ak reco~endu~ion is in traffic along the 260 Corridor and ~e cost ~mpact ~ th~ to ~wth, however, he feel~ ~inqle family dwellings shoul~ 1 unit per acre instead of 2.2 unlt~ p~ a~re to enable growth to slow down in this area. co~ission and staff after an eno~ou~ amount of work and area. 9/27/95 the Board to approve Case 95SN027~ and accepted the follcwlng 1. Prior to any cite plan approval or in con)unction with the recordation of the first subdivision pla~, whichever oo0u~s first, e ninety .(90) foot wide right-of-way for the north/south arterial (Ashlake Parkway Exten~e~) from to and for the benefit of Chesterfield County. The exact location of thi~ right-of-way shall be approved by the recordation of th~ firct cubdivicion plat, w~ic~ever occurs first, a ninety (90) foot wide right-of-way from Ashlakc Parkway to the western property line of Parcel 31 on T~x ~ap 7~-1Q (1), a meventy-five (75) £oet wide right-of-way from the western property l~ne of Parcel 31 on Tax Map 75-10 (1) tO the western property 1lee cf Parcel 6 on Tax Map 75-6 (1}~ and a si~ty (60) foot wide che~terfield county. The exact location ef ~hese right~-ef-way B~ell be ap~rovud by th~ Transportation Department. 3. Prior to any site ~ian approval, one hundred (100) feet f~em the oente~line c~ that part of Route 360 immediately adjacent to the property shall.be dedicated, free and om_restricted, to and for the benefit of (4~} feet of righ=-of-way on =~e West si~e of Winterpock winterDock Read immediaUely adjacent to the property =he benefit of C~estersiald County. 5. Direct acce~ ~e Route 360 Shall be limited to two (2) ~ntrance~/exit~. One (1) access shall aligm the This aacee= aha11 be designed and oonctructed to ~est~ict northbound vehicle~ ~iting the property from to Route $60 shall be located approximately midway direct access at the exiatin~ erosaev~r previously ten~ative subdivician approval~ whichever occurs flr~t, Parkway Extended and Ashbrook Parkway ~×t~nded shall be mubmitted to and ~pproved by ~he Transportation As~rook Parkway Extended. 95-609 5/27/55 The naximum density of this developmmnt shall be square feet of shopping cente~# 160~000 e~uare fs~t of office/warehouse, and 16Q single £amily unit~ or equivalent densiti¢~ a~ approved by the Transportation Department. complete development~ the developer shell be responsible for the folluwin~ A. Construe=ion of un ad~itiuna~ lane of Davement alomg th~ eaetDound lane~ of Route 360 f~ the Csn~truct~on of additional pavement along the s~parate right turn lane at each C. Conetruo~ion of a~ditional pavement along the westbound lanes of Route 360 at t~e crossover on Rout~ ~60 located between the Aehlake Parkway and the wint~rpoc~ Road lane~ Parkway inter~eotion to provide ~ual le~t turn E. construction of a five (5) lane typical ~ection (i.=-, three (3) northbound lanes and two (2) southbound l~nes) for Ashlakm ~arkway at its F. widening of Amhlake Parkway to a four lane length of this improvement shall be approved by Construction of two (~) lanes of Ashlske standards (50 mph design speed) from ~roacLroach Drive ~nt~r~ction to the sonthern property line; Construotion of two (~) lanes of Aehbrook Parkway ~xtended'to VDQT LLr~an minor arterial ~tand~rd~ (50 mph design speed) from Aehlnke Con~truotlon of a~dttional payment along Winterp~ck Road at the Ashbrook Parkway ~xtended intersection to provide left and right signali~atie~ at this intersection, if warrante~, ~ased on Transportation Department ~andards; Construction of additional pavement along Seabrook Parkway R×tended at each approved access to provide left and right turn lanes, warranted~ based on Transportation 95-610 9/27/95 K. Full co~t of traffi0 signalization at ~he Ashlaka Parkway/Route 360 intersection, if standards; and L. Dsdlcation to and for the benefit of County of Chesterfield, free and unrestricted, any additional right of way (or easement} required for the improvements identified above. In the event the developer ia unable to acquire the right-of-way n~c~ssary for the road improvements as descrlbad in Proffered Condition 9.I, th~ developer ~ay ~equest, in writing, the County to acquire such riqht-of- way am a pBblic road improvement. All costs associated with the acquisition of the ~iqht- of-way shall be borne by the developer. In the developer in acquisition of the "off-site" riqht-of-way, the developer shall be relieved of the obligation to acquire the "off-mite" ~ight~of-way and provide the said improvements at that location, 10. ~ri0r to any mite plan approval or prior to any road and dralnag~ plan approval, whichever occurs first, phasing plan for required road improv~ent~, as to an~ approved by the Transporbatlon Department. approved phasing plan mhall requim~ Construction of Ashbrook Parkway Extended ~rom A~hlaks ParKway to Winte~peck Road (Proffered Condition 9.H.) with d~velopm~nt of the first section of any residential sub,iris±on. 11. With the exception of tinlbe~ing which has been approved be no ti~rlng until a land disturbanum ~ermit ha~ 14. ~e subdivider, or ~mignee(m) shall pay ~e following to ~e County of Chesterfield prior %0 th~ tiaa of buildin~ pmrmit application for infrastructur~ improvements within th~ ~rvlce district of the property: (A) $5,083.00 Der dwelling unit if paid on o~ prior ~o June 30, 1998 or the smoot approved by thm ~uard of supervisors adjumt~d upward by any in=r~ase in ~e Marshall 199~ amd 3uly 1 Of th~ fiscal year in which the t5. Th~ u~e~ pe~itted in that area designated as ~Parcel B' C., dated August 3, 1994, shall be limited to offices [businems, governmental, medical and Drofesmional), office warehouses, and/or Residential-townhoume~ 16. A maRi~u~ of 120 townhouses shall he davelop~ in those areas designated a~ '~pa~cels A and B" on the plan prepared by J. K. Tim~ons and Associates, P- C., dated Au~st ), 1994. 17. T~e minimum gross square footage for to%~mhonses shall feet 18. A maximum of 120 single family residences shall be 19. The minimum ~ross s~uare footage for Vote: residences sh~ll be as follows: feet family All non-residential buildings to be cons~r=cte~ on the Property shall be compatible in architectural style, material~, colors~ d~tails and other design F=anc~ise-=yp~ e~%parcel buildings shall be eo~Datlble and ot~er ~esign features which predominate in the co~mercial development. The architectural treatment of any townh0use units Constructed On the Property ~hall be similar to the a~o~itectural trestment of the Cross Creek, Woo~lak~ Village or Hunters C~a~ ~ev~lopments. A minimum of furty percent (40%) in the aggregate, of the visible portions of the exterior wall ~urface~ of such units (chimneys, front, rear and sides), excluding wi~ows, doors, breezeways end architectural features, shall be of brick construction. No outdoor basketball courts shall h~ permitted within townhou~e 24. Parking lot lighting in any townhouss dsv~lopman~ shall ~e produced frc~ concealed ~ouro~ of light. Parking lot lighting ~t~nda~dm in any to%rnhouse shall net exceed twenty (20) feet in height a~d ~hall he positioned in such a manner as to minlmizs th~ impact of such lighUing off of the Property. 2~. The last known President 9f the Ashbrook CoOL, unity Association s~all be maile~ ~otices by the owner/developer of may site plan submission to Chesterfield county. Prior %o ~ita plan approval, o~er/~v~lop~r ~halt provide the Planning with evidence of much ma~lin~. Wi~in the Resident~aI (R-12) true=, sto~wa%er shall be controlled such that the post-development total phosphorus load shall no~ exceed 0.12 ~ound Der acre p~r year. Unanimous In clover Hill an~ Ma~oaca Magisterial DistricUs, S. BRODRI~K ~T~RS, ~R. requested amendment to Conditional Use Planned Development (Cass 88S~08) on Dart of property which is commonly known a~ Gre~nmDring I. ~pecifically, the applicant desires to develop this 899.5 acre tract am ~ mingle development from the originally zoned ~,312.7 acre tract. In g~neral, amendments are requested relative to tt~a approved Master Plan; restoration of two single family ~tructur~s (~ll~tt and Tomahawk dwellings); D~ovision of a golf course; road improvements and acce~; land u~; lan~ ~edica~icns an~ reservations; utilities; drainage; ero~{on~ and water quality. A mixed development oen~i~ting of residential, office and u~em is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The comprehensive Plan designates the property f0~ residentiul use of 2.2 units per acrs or lees, reglonal mixed use and conservation u~e. This ~eq~est lies in Residential (R-9) and corporate office (0-2) Districts. The reque~ property fronts the north end ~onth line~ Of Gentto Road, in the vicinity of wcclri~ge ~cad; al~o frcn=s the east line o~ Woolridge Road, near its intersection with Genito Road; and also fronts the north and sou~h lines of QI~ Hundred Rued, approximately 1,500 feet west of Brandermill Parkway. Ta~ Map ~6-9 (1) Parcel Tax Map 46 (1) Parcels 24 and 76; Tax ~a9 47-5 (1) Parcels 3 and ~ (Sheets 1~ and 13). Mr. Jacobsen p~ented a ~Ary cf Case 95SN0307 and ~tated the Planning Commission and ~taff ~eco~l~ende approval subject tc do~ditions and acceptance of proffered conditions, Hc noted the ~equest oo~for~ to the Upper Swift Creek Plan. Mr. $. Brodriok Pmtmrm~ Jr. ~tated the recommendation is acceptable. Mr. Louim Lonbard expressed concerns relative to chemicals generated from residnntial development adjacent to the reservoir; to the additional trips that will generated along Powhite Parkway~ and to the density of housing being 2.2 units per acre. He ~tated he feels the density of housinq should-be no more than one unit p~r acre. ~e. Betty Hunter Clapp expressed concerns relative to the increase in traffic along ~60 if ~he request is approved and phosphorus run-o££ is pace setting. She requested the ~oard to take the co~t to ta~payer~ into consldera~ion when deciding this request and to look at the overall structure of the request. 8he requested the Board to cen~ider Some tlrpe of ~tudy on how to pay for the cost uS this project. Dz. Nicholas stated this ~roject hms followed a ~liDerate process and precedur~ in plat4 by the County to apprev~ development and that the request was unanimously approved by the Planning commission. He furthe~ stated the developer has agreed ts all the recommended conditions and t~at ~e reques~ is in compliance with the U~e~_swift C~eek Plan. When asked, Mr. Jacobsen stated staff fa~l~ approv'a'l of this request is a move in the right direction and that the Committee is currently studying the standards needed tc preserve the long term water ~uality of the Swift creek Resevoir. Ee further stated the Commlttee~s analy~i~, to thim standard of 0.44 pound per acre per year of pho=phoru~ ~hould b~ r~uce~ to Q.22 pcun~ per acre Der yea~ which this case deem. 95-613 91~719~ I~, Warren commended staff for t~heir efforts during this Mr. Warren ex~resss~ appreciation to those who expressed their have cone before the Planning Commission have resulted in higher quality zoning. He stated he is prepared to supports On motion of Dr. Niohola~, eeconde~ by Mr. Warren, the Board approved Case 9$$N0307subject to the following conditions: Use and ~onin~ Application, revised April 1, 1988, in~luding the %'Residential site Development Criteria" table, Exhibit IV and t~e eon~i=iens of zoning for Case ~$00~ an~ the Conceptual Master Plan, prepared by J. July lS, 199~, to add a forty-five (45) foot right of way for Old Hundred Road, shall be t~e ~as~er ~lan for further, provided that the eubjeot property shall be Case $$$00~. (~o~: This condition ~uper=ede~ Condition i of Cas~ 88S008 for the request property only.) 88S008 shall be deleted. (P) entitled "conoeptual site Development Plan - Greenspring ~h~s%erXield County, Virginia" in the Textual be deleted. ~mended to allow a fr~eEtand~ng restaurant in Tract A, D, E and F. G. Uses permitted in Tract G shall be those permitted by right or with restrictions in the C-1 District and development shall con£o~7~ to the requlrement~ of C-1 District~ in Emerging Growth District Areas. Fur=her, residen=ial uses shall be permitted as outlined f~r Tra¢~s A, D, E and F and s~ch ~ses shall comply with to allow a loop connection with future development north and/ar northeast of the auhjeot property. (NOTE: This condition supersedes Condition 14 of Case 85S008 for the re,est property only.) 9/27/95 t0. A~d~ f~ther, oenditicns: The requirements of Conditisn~ 7, 9, 11 and 20 ef Case 85500B shall be deleted. (EE) The requirements to dedicate right o~ way along Otterdale Road and that portion of Powhite Parkway ~xtenda~ which a~e net within the limits of the subject property shall be delete~ The requirement of Condition ~ in the Textual ~tat~m~nt Condition ~0 (A) of the Textual Statement of Case Extended through Parcel 8 on Tax Map 35 (1) shall be deleted. A fifty (50) foot wide r~ght of way along the northern part of the subject property for Old Hundred Road zxtende~ shall ba dedioat~ fr~s and unrestricted, to and for the benefit of Chesterfield County. The exact location uf thi~ right of way shall b~ approved by the Transportation ~epart~ent. Initlal access for the subject property shall b~ via Powhite Parkway Extended/Old Hundred Road with the exception of acce=s to Tract F. The requirement to dodieatu sixty-five (~9) acres and reserve thirty-five (35) acres for purchase fo~ u~e by Chesterfiold County Schools contained in Condition 30 of the Textual statement of case $8s008 shall be. deleted. the Beard accepted the following D~offered Prior to any final tentative subdivision or site plan approval, a minimum of twenty (20) acres shall be dedicated to and for ~hesterfiel~ County~ free and unrestricted, for public use- The exact location of t~is shall be approved by C~este~field County prior to any tentative subdivision or site plan approval. Fo~ the first 1,000 lots/unlts, the Applicant, subdivider or assignee(s) shall pay the following to the County of Chesterfleld, at the time of building permit application, for infrastructure improvements for school facilities w~thin the servio~ district for the ~bject property: 1. One Hundred Seventy-One Dollars Der lu~/uni% if paid on or before June 30, 1996; or The amount approved by the County Board of supervisors not to exceed $171.00 per lot/uni~ adjusted upward by any in the ~arshall and swift Building Co~t Inde~ betwee~ ~uly 1, 1995 and July-of the fiscal year in which t~e payment is made if paid after Jqn~ 30, ~rior to any final ten=ative subdivision or site plan approval, a minimum umount of acreage sufficient to allow the construction at least twa (2) playisg fields at customary purchase by Chesterfield County for public use. Tka exac~ amount, location and configuration of 95-615 9/~7/95 this acreage shall be approved by Chesterfield County prior to any such rePe~vation~ provided however, tha~ such acreage shall be contiguous to the twenty (20) acr~ te be dedicated to the County of Chesterfield ia paragraph (A) above. With the exception oS ~im~ering Which has b~n approvsd by the Virginia State Department of Forestry for the be no tinkberlng until a land disturbance permit has been obtainsd ~rom t~e Environmental ~nqi~e~ring Department Within Tract~ A, D, E and F, stor~water runoff shall be controlled ~u~h that the pust~evslopmemt total phosphorus load ~hall not exceed 0.~ pound per acre per year. Within Tract C, .stormwater ~0ff shall be controlled such that the post-development total phosphorus lo~d shall not exceed 0.35 pound Der acre per year. Pr0vi~e~, however, that if the Zoning Ordinance amended subsequent to t~e approval of thi~ application accordance with the phosphorus load d~signated in the amended ordinanoe. control plan shall be submitted to, and approved implpment~d. Upo~ approval of the plan byEnviron~mtal Engineering, it shall be filed with ~e Virginia A. Vote: Approval cf this request will allow the request property to be developed an a separate project from that portion of the original Greenspring development not included in this application. Except as ~edified herein~ conditions of zoning development on ths request property. original conditions of Case 88S008 remain in effect for development on that portion of the original Greenspring property not includsd in gSSN0308 In Matoaoa Magisterial Distrdc~, GO.TEL GE~LULAR reque~te~ Conditional Use Planned Development to permit a 1~9 foot communications tower in an Agricultnral (A) Distr{ct. The density of such amendment will he controlled by zoning conditions or Ordinance standards. The Comprehensive designates the property for light commerclal use. This request lies in an A~ricnltural (A) District on 1.1 acres frontin~ approximately 30 feet on the northwest line of Newbys Bridge Road, approximately 1,100 feet west of Courthouse Road, also fronting approxlmately 290 feet on the south llne of Route Tax Map 78-1 (1} Parcel 17 and Part of Parcel 2 (sheet ~LT. Jacobsen presented · summary of Case ~55N030S amd stated the Planning C~mmission and staff recommends approval subject .Ar~.a_I~ud..Use ~nd Transportation Plan. F~r. Andrew Conglin, representing the applicant, stated the re~0mmcndation is acceptable. Hr. Loui~ Lombard stated he ~uppcrte approval of the request. On motion of Dr. Nicholas, ~eccnded by Mr. Daniel, the Board approved Case 95SN0305 subject to the following oonditisms: 1. There shall be ne signs permitted to identify this 2. The base ~f th~ tower shall be enclosed by a minimu~ six (6) ~oot high fsnoe? designed to preclude trespassing. The fence shall be pl~ce~ ~o a~ to provide sufficient evergreen plantings having an initial height and spacing tO provide screening os the base of the tower and the equipment building from adjacent properties to north, south and wept. A detailed plan depicting this r~guir~nt ~hall be submitted to the Planning Dapartmen= for approval in eonjRnction with final Bite plan review. (P) Prior to release of a ~uilding permit for th~ tower, copy of FAA approval shall be submitted to th~ Planning Department. (P) 4, ~h~ tewe~ and equipmen~ shall ~e ~esi~ned and installed es as not to interfere with the Cheeterfleld County perform an engineering study tO determine the possibility o£ radio ~requency ~nterfareno8 with the county system. P~ior to release of u building the study shall be submitted tO, and a~proved by, C~e6terfield CoUnty Communications and staff. 5. The owner shall be rssponsible for correcting any frequency problems which affect the Chesterfield County Public Sa~e~y Trunked System caused by this use. Such corrections shall be ~ade immediately upon notification by ~he Chesterfield county Communications and ~lectronics staff. 6. The color and lighting symtmm for tdhe tower shall be as follcwm: a. T~e tower shall be grey or another neutral color, aeeeptabl$ t0 the Planning Department. b. Medium intensity strobe lights with upward reflection may be used during daylight hours. s. If the tower is lighted during night-time hours, only soft blinking re~ ligk~s.-shall be use~. 7. Ail driveways and parking a~eae s~all be graveled or paved and m~intaine~ to minimizs dust problems and provide sase of ingress and egress. (P) s. Any building or mechanical equipment shall comply with Section 21.1-24s of the zoning Ordinance rsletlvs to archlte~twral treatment of building exteriors and screening of mechanical equipment. 95-~7 ~/27/95 10. 11. (ROTE: This condition would reguire the screeninG of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) In conjunction with the approval of this reguust, a nine (9) foot exception to the 150 foot height limitation shall be granted. (P) co~unlcations purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and ~11 associated equipment f~om the property. There shall he only one (1) tower located un this property. r~zoning from Agricultural (Al tn Cnnunlty Business (C-3). The density of such amendment will be controlled by zoning conditions or ordinance standards. The comprehensive Plan designates the property for light industrial use. This request lies on 5.0 acres Known as 825 Branchway Road. Tax Hap 17-9 Mrl Jacobsen presented a summary o£ Case 965N0109 and stated conforms to the Northern Area Land Use and Tr~msnortatlon Plan~ ~r. J~m Kubbard, represantin~ the applicant, staled the recommendation is acceptable. ~. Louis Lo=bar~ stated hs hopss the traffic impact of thi~ p~oject will not disturb the traffic pat=ern~ on courthous~ Road. On motion of ~r. Barber, seconded by ~. W~rren, the Board conditions: 1. The public wastewater shall be used. 2. Loading and outside storage ar~as shall be screene~ from requirements of ~e Zoning Ordinance for such area~ when visible from public right~ of way. 3. Buildin~ facades vi~ibl~ =o adjacent properties to the requirement~ of the Zoninq Ordinanca for building facades when visible from public rights of way. Vote: Unanimous adjourned at 8:30 p.m. until October 11~ 1995. 95-618 9127/~5