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09-23-1987 Minutes,ON%, ,,r, N r- BOARD OF SUPERVISORS MINUTES September 23, 1987 Supervisors in Attendance: Staff in Attendance: Mr. Harry G. Daniel, Chairman Mr. Jesse J. Mayes, Vice Chairman Mr. R. Garland Dodd Mrs. Joan Girone Mr. Lane B. Ramsey County Administrator Supervisors Absent: Mr. G. H. Applegate r Mrs. Doris DeHart, Legislative Coord. Ms. Joan Dolezal, Clerk to the Board Chief Robert Eanes, Fire Department Mr. Bradford S. Hammer, Asst. Co. Admin. Mr. William Howell, Dir., Gen. Services Mr. Thomas Jacobson, Dir. of Planning Mr. Robert Masden, Asst. Co. Admin. for Human Services Mr. R. J. McCracken, Transp. Director Mr. Richard McElfish, Dir. of Env. Eng. Mr. Steve Micas, Co. Attorney Mrs. Pauline Mitchell, Dir. of News/Info. Services Col. Joseph Pittman, Chief of Police Mr. Richard Sale, Asst. Co. Admin. for Development Mr. M. D. Stith, Jr., Dir. of Parks & Rec. Mr. David Welchons, Dir. of Utilities Mr. Frederick Willis, Dir. of Human Resource Management Mr. Daniel called the meeting to order at the Courthouse at 9:00 a.m. (EDST). 1. INVOCATION Mr. Daniel stated Mr. Applegate was not in attendance as he was hospitalized preparing for surgery. Mr. Daniel introduced Mr. R. Garland Dodd, Bermuda District Supervisor, who gave the invocation in the absence of Reverend Charles Boswell. 2. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA The Pledge of Allegiance to the Flag of the United States of America was recited. 3. APPROVAL OF MINUTES On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed the minutes of September 9, 1987, as submitted. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87-730 4. COUNTY ADMINISTRATOR'S COMMENTS Chief Eanes introduced Firefighters John Green and Kevin McNamee who recently participated with the U. S. Forestry Service in containing the Silver Creek, Oregon forest fire. Firefighter Green expressed appreciation for the opportunity to work for a progressive department which enables its fire- fighters to enhance their skills and learn new techniques/oper- ations thereby enriching the County through their knowledge and experience. Firefighter McNamee stated the Chesterfield contingent was a component of approximately 160 east coast firefighters selected to assist the Forestry Service in efforts to combat the west coast fires. Firefighter Green stated previous training with the Forestry Service in August, 1985, enabled them to be on call for occurrences such as the west coast forest fires. Mr. Daniel commended the Fire Department for its fine officers, leadership and standards by which it operates. 5. BOARD COMMITTEE REPORTS Mr. Daniel reported the County's position regarding Route 288 was presented at both the Richmond Regional Planning District Commission and Metropolitan Planning Organization meetings. He stated there is a difference of opinion on the subject among other local governments; however, Chesterfield will continue to work through its elected officials at the State and utilize public opinion to pursue the direction that the Board of Supervisors has established on this matter, which direction represents the collective opinion of the Board. Mr. Mayes reported he attended the ribbon cutting ceremony for the renovation of the Jamestown 4-H Educational Center in Williamsburg on Saturday, September 19, 1987, at which the keynote address was presented by The Honorable Paul Trible, U.S. Senator. He stated the program, at which there were approximately 300 youth in attendance, is very good. Mrs. Girone reported the Lake Genito Study Committee (Cumber- land, Powhatan, Amelia, Chesterfield and the Appomattox River Water Authority) agreed to recommend to their respective boards that an authority be created, the purpose of which authority would be to have one focal point and one group to deal with the creation of Lake Genito. She stated the participation of an additional locality is needed in the process to assist with financing the project. She stated the Committee is desirous of the Board's concurrence and affirmation of Chesterfield's position that it does support and wishes to proceed with Phase II of the Study. Mr. Daniel stated it is important that this issue be included in the upcoming legislative packet and consultants will be briefing/updating the Board on the status of this project at the next meeting. 6. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Dodd, seconded by Mr. Mayes, the Board deferr- ed until October 14, 1987, Item 8., Hearings of Citizens on Unscheduled Matters or Claims - Mr. Caldwell Seagle, YMCA, Regarding "In School/Before and After School" Program; accepted withdrawal of Item 9.B, Consideration of a Request from Comfort Homes, Inc. to Aid in Acquiring a Water Easement; deleted the name of Linwood Straton Motley, IV from Item ll.F.1., Approval For Appointment as Police Officers; added Item ll.I.3.d., Authorize Engineering Design to Extend Public Water; and adopted the agenda, as amended. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87-731 .••. A90k #,"- It was noted additional information was distributed to the Board on Item 11.B., Resolution Authorizing Execution of Documents to Lease/Purchase Refinancing of New Data Processing, Human Services and Courts Buildings. 7. RESOLUTIONS OF SPECIAL RECOGNITION Mr. Stith introduced Mr. William H. Hutton, Vice President of Commercial Banking with Signet Bank/Virginia, who presented the Board with a contribution, in the amount of $1,560, to cover the cost of entertainment, supplies for the craft station and public relations information for the "1987 Rainbow of Arts Festival" at Rockwood Park. On motion of Mrs. Girone, seconded by Mr. Dodd, the following resolution was adopted: WHEREAS, the Chesterfield County Parks and Recreation Department functions to positively effect the quality of life in Chesterfield County; and WHEREAS, the provision of high quality special events represents an important component of the Department's services; and WHEREAS, the 1987 Rainbow of Arts represents an enjoyable, family oriented celebration of the arts, as well as a tribute to the positive impact the arts have on our lives and commun- ity; and WHEREAS, Signet Bank/Virginia has chosen to provide significant support for this annual community wide event. NOW THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby recognize Signet Bank/Virginia for its generous contribution to the event and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby express its sincere appreciation and gratitude to Signet Bank/Virginia for its good will and community concern. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. Mr. Daniel presented the executed resolution to Mr. William Hutton and expressed appreciation, on behalf of the County, for Signet Bank's interest in and financial sponsorship of the 1987 Rainbow of Arts Festival. 8. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims. 9. DEFERRED ITEMS o YOUTH SERVICES COMMISSION On motion of Mr. Dodd, seconded by Mr. Mayes, the Board ap- pointed Ms. Kim Pearson to serve as the youth representative from the Clover Hill District on the Youth Services Commission, whose term is effective immediately and will expire June 30, 1988. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. Mr. Daniel and Mr. Dodd stated they would be prepared to nominate representatives to the Youth Services Commission at the October 14, 1987, Board meeting. 87-732 '# . 411%, 10. PUBLIC HEARINGS o TO CONSIDER CONVEYANCE OF REAL PROPERTY AT CHESTERFIELD COURTHOUSE COMPLEX, GOYNE PARK AND HUGUENOT PARK TO OPER- ATE FOOD CONCESSIONS Mr. Masden stated this date and time had been advertised for a public hearing to consider conveyance of real property to the Chesterfield Quarterback League to operate food concessions from September 23, 1987 to October 31, 1987 at the Chesterfield Courthouse Complex, Goyne Park and Huguenot Park. No one came forward to speak in favor of or against the matter. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed and authorized the County Administrator to execute the necessary documents for seasonal contracts to operate food concessions to the Chesterfield Quarterback League for Chester- field Courthouse Complex, Goyne Park and Huguenot Park for the period of September 23, 1987 to October 31, 1987. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. Mr. Daniel stated he felt it would be appropriate to prepare a resolution honoring the founders of the Quarterback League to be presented at a future meeting. 11. NEW BUSINESS ll.A. CONTRACT FOR CONSTRUCTION OF COURTS BUILDING On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved and authorized the County Administrator to execute the necessary documents to award a contract to Kenbridge Construc- tion Company in the amount of $14,599,000 for construction of the new Courts Building; appropriated $500,000 in interest earnings in the existing construction fund to fund the project prior to the receipt of lease proceeds; and set the date of October 14, 1987, at 7:00 p.m., for a public hearing to consid- er the increase in the appropriation for the Courts Building project, which includes the Jail addition project. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.B. RESOLUTION AUTHORIZING EXECUTION OF DOCUMENTS TO LEASE/ PURCHASE REFINANCING OF NEW DATA PROCESSING, HUMAN SER- VICES AND COURTS BUILDINGS Mr. Hammer stated, to complete the refinancing of the previous lease/purchase transaction for the construction of the new Data Processing, Human Services and Courts Buildings, Board approval of a resolution authorizing the execution of the closing documents on behalf of the County is necessary. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board adopted the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF A GROUND LEASE TO BE DATED OCTOBER 20, 1987 TO BE ENTERED INTO BY AND BETWEEN THE COUNTY, AS LESSOR, AND SIGNET LEASING AND FINANCIAL CORPORATION, AS LESSEE, PROVIDING FOR THE LEASING BY THE COUNTY OF THE SITES FOR A HUMAN SERVICES BUILDING, A DATA PROCESSING BUILDING AND A COURTS BUILD- ING AND SUCH BUILDINGS NOW OR HEREAFTER EXISTING THEREON, AND AUTHORIZING AND DIRECT- ING THE COUNTY ADMINISTRATOR TO EXECUTE AND 87-733 a.*., Aftk DELIVER SUCH GROUND LEASE; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF A REAL PROPERTY/LEASE PURCHASE AGREEMENT TO BE DATED AS OF SEPTEMBER 1, 1987 TO BE ENTERED INTO BY AND BETWEEN SIGNET LEASING AND FINANCIAL CORPORATION, AS LESSOR, AND THE COUNTY, AS LESSEE, PROVIDING FOR THE LEASING TO THE COUNTY OF SUCH SITES AND BUILDINGS AND AUTHORIZING AND DIRECTING THE COUNTY ADMINIS- TRATOR TO EXECUTE AND DELIVER SUCH REAL PROPERTY LEASE/PURCHASE AGREEMENT; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVI- SIONS OF A TRUST AGREEMENT TO BE DATED AS OF SEPTEMBER 1, 1987 TO BE ENTERED INTO BY AND AMONG THE COUNTY, SIGNET LEASING AND FINAN- CIAL CORPORATION AND SIGNET TRUST COMPANY, AS TRUSTEE, AND AUTHORIZING THE COUNTY ADMINIS- TRATOR TO EXECUTE AND DELIVER SUCH TRUST AGREEMENT; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF AN ESCROW DEPOSIT AGREEMENT TO BE DATED AS OF SEPTEMBER 1, 1987 TO BE ENTERED INTO BY AND BETWEEN THE COUNTY AND SOVRAN BANK, N.A., AS ESCROW AGENT, AND AUTHORIZING THE COUNTY ADMINIS- TRATOR TO EXECUTE AND DELIVER SUCH ESCROW DEPOSIT AGREEMENT; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF A CERTI- FICATE PURCHASE AGREEMENT TO BE ENTERED INTO BY AND AMONG THE COUNTY, SIGNET LEASING AND FINANCIAL CORPORATION, SIGNET TRUST COMPANY AND WHEAT, FIRST SECURITIES, INC. PROVIDING FOR THE SALE OF CERTIFICATES OF PARTICIPATION ISSUED PURSUANT TO THE AFOREMENTIONED TRUST AGREEMENT AND AUTHORIZING THE COUNTY ADMINIS- TRATOR TO EXECUTE AND DELIVER SUCH CERTIFI- CATE PURCHASE AGREEMENT; AUTHORIZING THE MEMBERS OF SUCH BOARD AND THE OFFICIALS AND EMPLOYEES OF SUCH COUNTY TO TAKE FURTHER ACTION TO CARRY OUT THIS RESOLUTION AND THE TRANSACTIONS CONTEMPLATED HEREBY AND BY THE AFOREMENTIONED GROUND LEASE, REAL PROPERTY LEASE/PURCHASE AGREEMENT, TRUST AGREEMENT, ESCROW DEPOSIT AGREEMENT AND CERTIFICATE PURCHASE AGREEMENT; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS. WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County") has deter- mined that it is advisable for the County to enter into a Ground Lease to be dated as of October 20, 1987 by and between the County, as lessor, and Signet Leasing and Financial Corpor- ation (hereinafter defined as the "Corporation"), as lessee, providing for the leasing by the County to the Corporation of the sites for a Human Services Building, a Data Processing Building and a Courts Building and such buildings now or hereafter existing thereon; and WHEREAS, the Board has determined that it is advis- able for the County to enter into a Real Property/Lease Pur- chase Agreement to be dated as of September 1, 1987 by and between the Corporation, as lessor, and the County, as lessee, providing for the leasing by the County from the Corporation of a Human Services Building, a Data Processing Building and a Courts Building and the sites therefor; and WHEREAS, in accordance with the budget adopted by the Board for the Fiscal year commencing on July 1, 1987 and ending on June 30, 1988, there have been appropriated sufficient monies to provide for the payment of the rental payments as required to be paid by the County under the Lease/Purchase Agreement; and 87-734 ,+■o. Awk WHEREAS, the Board has determined that it is advis- able for the County to enter into a Trust Agreement (herein- after defined as the "Trust Agreement") to be dated as of September 1, 1987 by and among Signet Trust Company, as Trustee (hereinafter defined as the "Trustee"), the Corporation and the County; and WHEREAS, the Board has determined that it is advis- able for the County to enter into an Escrow Deposit Agreement to be dated as of September 1, 1987 by and between the County and Sovran Bank, N.A., as Escrow Agent, to provide for the refunding and defeasance of the outstanding portion of $21,715,000 aggregate principal amount of Certificates of Participation, dated as of June 15, 1985, issued under a Trust Agreement, dated as of June 15, 1985, by and among the County, Municipal Leasing Corporation and Sovran Bank, N.A., as trus- tee; and WHEREAS, the Board has determined that it is advis- able for the County to enter into a Certificate Purchase Agreement, to be dated September 23, 1987, by and among the County, the Corporation, the Trustee and Wheat, First Securi- ties, Inc. to provide for the sale of $23,370,000 aggregate principal amount of Certificates of Participation, dated October 1, 1987, issued pursuant to the Trust Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Definitions "Certificate Purchase Agreement" shall mean the Certificate Purchase Agreement in the form attached hereto as Exhibit E to be dated September 23, 1987 to be entered into by and among the County, the Corporation, the Trustee and Wheat, First Securities, Inc. providing for the sale of the 1987 Certificates. "Corporation" shall mean Signet Leasing and Financial Corporation, a corporation organized and existing under and by virtue of the laws of the State of Maryland. "Escrow Agent" shall mean Sovran Bank, N.A., a national banking association having its principal corporate trust office in the City of Richmond, Virginia. "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement in the form attached hereto as Exhibit D to be dated as of September 1, 1987 to be entered into by and between the County and Sovran Bank, N.A., as Escrow Agent, to provide for the refunding and defeasance of the outstanding portion of 1985 Certificates. "Ground Lease" shall mean the Ground Lease in the form attached hereto as Exhibit A to be dated October 20, 1987 to be entered into by and between the County and the Corpora- tion. "Lease/Purchase Agreement" shall mean the Real Property Lease/Purchase Agreement in the form attached hereto as Exhibit B to be dated as of September 1, 1987 to be entered into by and between the Corporation, as lessor, and the County, as lessee, providing for the leasing of the Project to the County. 111985 Certificates" shall mean the $21,715,000 aggregate principal amount of Certificates of Participation, dated June 15, 1985, issued under a Trust Agreement, dated as of June 15, 1985, by and among the County, Municipal Leasing Corporation and Sovran Bank, N.A., as trustee. "1987 Certificates" shall mean the $23,370,000 aggregate principal amount of Certificates of Participation, dated October 1, 1987, issued under the Trust Agreement. 87-735 .00. .■o. MCM "Project" shall have the meaning given to such term in Article I of the Lease/Purchase Agreement. "Trust Agreement" shall mean the Trust Agreement in the form attached hereto as Exhibit C to be dated as of Septem- ber 1, 1987 to be entered into by and among the Trustee, the Corporation and the County. "Trustee" shall mean Signet Trust Company, a trust subsidiary company having its principal corporate trust office in the City of Richmond, Virginia. SECTION 2. Findings and Determinations. The Board hereby finds and determines that: (a) The leasing of the Project is presently essential to the County and is anticipated to continue to be essential to the County. (b) The representations set forth in Section 2.1 of the Lease/Purchase Agreement are true and correct on and as of the date of adoption of this Resolution. (c) The statements set forth in Section 4.4 of the Lease/Purchase Agreement accurately reflect the intention of the Board with respect to the subject matter thereof, subject to the qualification recited therein that the Board is not empowered to make any commitment beyond the current fiscal year of the County. SECTION 3. Approval of the Form of the Ground Lease and the Terms, Conditions and Provisions Thereof; Authorization and Direction of Execution and Delivery of the Ground Lease. The form of the Ground Lease presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit A, and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and, subject to the holding of the public hearing required by Section 15.1- 261.1 of the Code of Virginia, 1950, as amended, the County Administrator is hereby authorized and directed to execute and deliver to the Corporation the Ground Lease in such form, together with such changes as shall be approved by the County Administrator upon advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 4. Approval of the Form of the Lease/Pur- chase Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the Lease/Purchase Agree:! ment. The form of the Lease/Purchase Agreement presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit B, and the terms, conditions and provisions thereof (including in particular the Base Payments required to be paid under Section 4.3 (a) thereof as set forth in Exhibit C thereto and the other rental payments required to be paid under such Section 4.3(a) are hereby approved, ratified and confirmed, and, subject to the execution and delivery by the County of the Ground Lease in accordance with Section 3, the County Administrator is hereby authorized and directed to execute and deliver to the Corporation the Lease/Purchase Agreement in such form, together with such changes as shall be approved by the County Administrator upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 5. Approval of the Form of the Trust Agree- ment and the Terms, Conditions and Provisions Thereof; Execu- tion and Delivery of the Trust Agreement. The form of the Trust Agreement presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit C, and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and, subject to the execution 87-736 00"k ,-ork rdd and delivery by the County of the Ground Lease in accordance with Section 3, the County Administrator is hereby authorized and directed to execute and deliver the Trust Agreement to the Trustee and the Corporation, together with such changes as shall be approved by the County Administrator upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 6. Approval of the Form of the Escrow Deposit Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the Escrow Deposit Agree- ment. The form of the Escrow Deposit Agreement presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit D, and the terms, conditions and provisions thereof, are hereby approved, ratified and confirm- ed, and, subject to the execution and delivery by the County of the Ground Lease in accordance with Section 3, the County Administrator is hereby authorized and directed to execute and deliver the Escrow Deposit Agreement to the Escrow Agent together with such changes as shall be approved by the County Administrator upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 7. Approval of the Form of the Certificate Purchase Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the Certificate Purchase Agreement. The form of the Certificate Purchase Agreement presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit E, and the terms, conditions and provisions thereof, are hereby approved, rati- fied and confirmed, and the County Administrator is hereby authorized and directed to execute and deliver the Certificate Purchase Agreement to the Corporation, the Trustee and Wheat, First Securities, Inc. together with such changes as shall be approved by the County Administrator upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 8. Further Action of the Board and of the Officials and Employees of the County. The members of the Board and the officials and employees of the County are hereby authorized and directed to take any and all such further action as upon advice of counsel to the County they shall deem neces- sary or desirable in order to carry out, give effect to and consummate the transactions contemplated by this Resolution and by the terms of the Ground Lease, the Lease/Purchase Agreement, the Trust Agreement, the Escrow Deposit Agreement and the Certificate Purchase Agreement and by any of the documents referred to herein or therein or approved hereby or thereby including the refunding and defeasance of the 1985 Certificates and the termination of the transactions entered into in connec- tion with the issuance of the 1985 Certificates. SECTION 9. Repeal of Conflicting Resolutions. All resolutions, or portions thereof, heretofore adopted by the Board which are in conflict or inconsistent with this Resolu- tion are hereby repealed to the extent of such inconsistency. SECTION 10. Effectiveness of Resolution. This Resolution shall be effective from and after its adoption. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 11.C. BUILDINGS AND GROUNDS WAREHOUSE BID AWARD Mr. Hammer stated Board approval is requested to award a bid, to the lowest responsible bidder, for the construction of a Buildings and Grounds Warehouse when bids are opened on October 7, 1987. He stated the new warehouse is needed to relieve overcrowded conditions in the existing warehouses, provide 87-737 000t, space for the Christmas Mother Program and, with additional construction in future years, to permit removal of warehouses at the Courthouse Complex to provide more parking and easier access. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed the award of a bid to the lowest responsible bidder, not to exceed previously appropriated funds of $192,200, for the construction of a 12,000 square foot Buildings and Grounds warehouse when bids are opened on October 7, 1987, with said facility to be located in the vicinity of the Animal Shelter and Parks and Recreation maintenance shops. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.D. ADVANCE FUNDS TO SCHOOL CAPITAL PROJECTS Mr. Stegmaier stated because of delays in literary loan funding and the conversion of $22.85 million of these projects to Virginia Public School Authority (VPSA) funding, a need to advance General Fund monies to school capital projects exists, until State Public School Authority proceeds are available. He stated Board approval is requested to authorize such an ad- vance. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved advance funds from the General Fund to Literary Loan and Virginia Public School Authority (VPSA) projects, up to $6 million, which advances will be repaid as funds from the State become available beginning in mid -October; and authorized issuance of up to $6 million of Bond anticipation notes, pursuant to Section 15.1-233 of the State Code. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.E. SET PUBLIC HEARINGS i1.E.l. TO CONSIDER APPROPRIATION OF HMK FUNDS FOR EXTENSION OF POWHITE PARKWAY Mr. Stegmaier stated the Board previously approved a plan whereby the private sector bears the cost of certain alterna- tive designs for the Powhite Parkway and, even though the County is only a conduit of the funding, it is required that the Board set a public hearing date to appropriate the funds for expenditure. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board set the date of October 28, 1987, at 9:00 a.m., for a public hearing to consider the appropriation of HMK funds for the extension of the Powhite Parkway, which estimated cost is approximately $2,400,000, and which agreement was approved and signed between the County of Chesterfield and HMK Corporation on June 18, 1986, as approved by the Board of Supervisors on April 23, 1986. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 11.E.2. TO CONSIDER ORDINANCES AMENDING SECTIONS 8-13 AND 8-13.03 OF THE COUNTY CODE RELATING TO PRORATION OF PERSONAL PROPERTY TAXATION AND SECTION 14.1-26 RELAT- ING TO FEES FOR TRANSFER OF COUNTY VEHICLE LICENSES Mr. Micas stated the Board is requested to set a public hearing date to consider ordinances amending sections of the County Code relating to proration of personal property taxation and fees for transfer of County vehicle licenses, which changes will remove boats and trailers from the proration provisions, 87-738 0 .0m, •■• . delete the penalty for failure to file a tax return for a vehicle subject to proration and delete the current charge for the transfer of decals. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board set the date of October 28, 1987, at 9:00 a.m., for a public hearing to consider certain amendments to Sections 8-13 to 8-13.03 of the County Code, relating to proration of personal property taxa- tion and Section 14.1-26, relating to fees for transfer of County vehicle licenses. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.E.3. TO CONSIDER CONVEYANCE OF GROUND LEASE TO SIGNET LEAS- ING AND FINANCIAL CORPORATION Mr. Micas stated the Board is requested to set a public hearing date to consider the conveyance of a Ground Lease to Signet Leasing and Financial Corporation. He stated the County is currently involved in refinancing the previous lease/purchase transaction for the construction of the new Data Processing, Human Services and Courts Buildings and, as a part of the refinancing, will convey a leasehold interest in the three buildings to Signet Leasing and Financial Corporation under a Ground Lease, whereby Signet will simultaneously lease the buildings back to the County under a lease/purchase agreement. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board set the date of October 14, 1987, at 7:00 p.m., for a public hearing to consider the conveyance of a Ground Lease to Signet Leasing and Financial Corporation for the leasing by the County of sites for a Human Services Building, a Data Processing Building and a Courts Building and such buildings now or hereafter existing thereon. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.F. CONSENT ITEMS ll.F.1. RECOMMENDATION FOR APPOINTMENT OF POLICE OFFICERS On motion of Mr. Dodd, seconded by Mr. Mayes, the Board hereby recommends to the Circuit Court Judges the following applicants for appointment as Police Officers for the County of Chester- field, effective October 19, 1987: Michael Alon Bickel Bartholomew Bonaparte Clarke John Michael Church Ronald Leroy Coombs, Jr. Richard Clyde Dudley, Jr. Quinton Pierre Gillus Edward Patrick Harney David Joseph Higgins Jeffrey Lee Howdyshell Sandra Emory Humphries Richard Timothy Jahn Daniel Wayne Kelly James Franklin Kidd, Jr. Carl Russell Lunsford, Jr. Ricky L. Meadows Douglas Eugene Mooney James Martin Newsome Jeffrey G. Parlier Irving Charles Peoples,Jr. Aylwin Johnson Perkins, III Todd Daniel Pickett Robert Michael Sharman, Jr. William Kent Shipman Brian Charles Smith David Paul Stehlar John Charles Stein, Jr. Jeffrey Todd Verlander Dale Eugene Welsh Karen Ruth West Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. I1.F.2. HUMAN SERVICES BUILDING CHANGE ORDERS On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed and authorized the County Administrator to execute two 87-739 /^ change orders for the Human Services Building in the amount of $67,493 ($12,493 for construction of an environmentally - controlled telephone equipment room required to support fiber optic telecommunications equipment; $55,000 to reinforce the second floor file area of the Social Services Building to support installation of a mechanical file system), which funds are available in the project contingency fund. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.F.3. APPROPRIATION OF FUNDS FOR PURCHASE OF RECREATIONAL EQUIPMENT AT SWIFT CREEK ELEMENTARY SCHOOL On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed and appropriated $1,300 from the Clover Hill District Three Cent Road Funds for the purchase of recreational equipment and surfacing underneath play equipment at Swift Creek Elementary School. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. It was noted the Swift Creek Elementary PTA is raising funds to more than match the County contribution to the project which will have a total cost of over $5,000. ll.F.4. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Leiden Lane, Bayreuth Lane, Lintz Lane, Fred- erick Farms Drive, Ansbauch Drive, Brandenburg Drive, Frederick Farms Circle and Frederick Farms Court in Frederick Farms, Matoaca District. Upon consideration whereof, and on motion of Mr. Dodd, seconded by Mr. Mayes, it is resolved that Leiden Lane, Bayreuth Lane, Lintz Lane, Frederick Farms Drive, Ansbauch Drive, Brandenburg Drive, Frederick Farms Circle and Frederick Farms Court in Frederick Farms, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requested to take into the Secondary System, Leiden Lane, beginning at the intersection with existing Bailey Bridge Road, State Route 651, and going easterly 0.04 mile to the intersection with Bayreuth Lane, then continuing easterly 0.12 mile to the intersection with Lintz Lane, then continuing easterly 0.09 mile to the intersection with Frederick Farms Drive, then continuing easterly 0.07 mile to the intersection with Ansbauch Drive, and then continuing easterly 0.09 mile to end in a cul-de-sac; Bayreuth Lane, beginning at the intersection with Leiden Lane and going northerly 0.06 mile to end in a temporary turnaround; Lintz Lane, beginning at the intersection with Leiden Lane and going northerly 0.05 mile to end in a temporary turnaround; Frederick Farms Drive, beginning at the intersection with Leiden Lane and going southerly 0.04 mile to end in a cul-de-sac, then again at the intersection with Leiden Lane and going northerly 0.07 mile to the intersection with Brandenburg Drive, then continuing northerly 0.18 mile to the intersection with Frederick Farms Circle, then going northeasterly 0.10 mile to the intersection with Frederick Farms Court, and then going easterly 0.11 mile to end at the intersection with existing Stigall Drive, State Route 759; Ansbauch Drive, beginning at the intersection with Leiden Lane and going southerly 0.05 mile to tie into proposed Ansbauch Drive in Bailey Ridge Estates, Section A; Brandenburg Drive, beginning at the intersection with Frederick Farms Drive and going easterly 0.24 mile to end at the intersection with existing Stigall Drive, State Route 759; Frederick Farms Circle, beginning at the intersection with Frederick Farms 87-740 1401., Drive and going easterly 0.07 mile to end in a cul-de-sac; and Frederick Farms Court, beginning at the intersection with Frederick Farms Drive and going northerly 0.03 mile to end in a cul-de-sac. This request is inclusive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainage easements. These roads serve 132 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation a 50' right-of-way for all of these roads. Frederick Farms is recorded as follows: Plat Book 48, Pages 6, 7, 8 and 9, December 6, 1984. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.F.5. ACCEPTANCE OF DEED OF DEDICATION FROM TARMAC -LONE STAR, INC. CONVEYING PROPERTY FOR HENRICUS PARK On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed and authorized the County Administrator to execute the necessary deed of dedication and license agreement accepting, on behalf of the County, the conveyance of a large parcel of land, in addition to various access easements and licenses, from Tarmac -Lone Star, Inc. to be used in conjunction with the restoration of the existing Henricus Park facility. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.F.6. APPLICATION FOR ENTERTAINMENT PERMIT FROM CHESTERFIELD PILOTS ASSOCIATION TO CONDUCT "CHESTERFIELD AIRSHOW - 1987!" On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed the Chesterfield Pilots Association's request to conduct an airshow, "Chesterfield Airshow - 1987!", on October 4, 1987, from 9:30 a.m. to 6:00 p.m., at the County Airport, which approval is contingent upon compliance with staff requirements and provision of necessary insurance. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. It is noted all proceeds from admission charges will go to the County Nursing Home, trainable mentally retarded children from Chesterfield County Schools and the Chesterfield Fraternal Order of Police. ll.F.7. ECONOMIC DEVELOPMENT RECRUITMENT PROGRAM On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed and authorized the County Administrator to execute an agreement with Contrade International for purposes of assisting the County with its Economic Development Recruitment Program and appropriated $70,000 from the Industrial Park Reserve to finance the agreement through June 30, 1988. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 11.G. APPOINTMENTS On motion of Mr. Daniel, seconded by Mr. Dodd, the Board nominated Mr. Jesse J. Mayes, representing the Board of Super- 87-741 100-` visors, and Mr. C. F. Currin, Jr., representing the business community, to serve on the Appomattox Basin Industrial Develop- ment Corporation (ABIDCO), whose formal appointments will be made October 14, 1987. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.H. COMMUNITY DEVELOPMENT ITEMS ll.H.1. STREET LIGHT INSTALLATION COST APPROVAL On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed the street light installation cost approval at 3518 Luckylee Crescent in the amount of $892.24, which funds are to be expended from the Bermuda District Street Light Fund. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.H.2. STREET LIGHT REQUESTS Mr. Sale stated the Board previously approved the installation of a street light at the intersection of Blithe Drive and Parker Lane; however, the requestor has asked that the Board reconsider the location and approve an alternate location of Blithe Drive and Lively Lane. Mr. Dodd stated the alternate location was acceptable. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed the installation of street lights at the following loca- tions, with funds to be expended from the appropriate District Street Light Funds as indicated: 1. Intersection of Blithe Drive and Lively Lane (Replaces previously approved Blithe Drive and Parker Lane) - Bermuda District. 2. Intersection of Beulah Road and Brookshire Drive (Dale District). Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.H.3. APPROPRIATION OF FUNDS TO INSTALL DRAINAGE IMPROVEMENTS IN FALLING CREEK SUBDIVISION On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved and appropriated $20,000 from the Miscellaneous Drainage Capital Improvement Account to purchase materials for the Virginia Department of Transportation (VDOT) to install a storm sewer along Falling Creek Avenue in Falling Creek Subdi- vision capital improvement project. (It is noted the County will supply all the materials for VDOT and VDOT will install the system at their expense.) Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. Mr. Daniel requested that Mrs. Edwards be notified of this action and expressed appreciation for VDOT's assistance in installing a portion of the project. ll.H.4. AUTHORIZATION TO ENTER INTO AGREEMENT FOR ECONOMIC DE- VELOPMENT SERVICES On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute an agreement with Hancock and Associates, International, for a fee 87-742 ..%k not to exceed $4,925, to be Reserve Account, to communicate ties available in Chesterfield business interests. expended from Industrial Park economic development opportuni- County directly to Japanese Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. Mr. Daniel noted that several business and trade groups, which had expressed interest regarding the potential for development in the metropolitan area, recently visited Chesterfield County to assess economic potential. He stated lines of communication with these groups will be continued in ongoing efforts to develop the potential for future businesses and trade groups abroad to locate within the County. ll.I. UTILITIES ITEMS ll.I.1. PUBLIC HEARINGS ll.I.1.a. TO CONSIDER ORDINANCE VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENT WITHIN GARLAND HEIGHTS SUBDIVI- SION Mr. Sale stated this date and time had been advertised for a public hearing to consider an ordinance to vacate a portion of a 8' drainage and utility easement across Lot 5 within Garland Heights Subdivision. No one came forward to speak in favor of or against the propos- ed ordinance. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board adopted the following ordinance: AN ORDINANCE to vacate a portion of an 8 foot drainage and utility easement within Lot 5, Block E, Section C, Garland Heights Subdivision, Dale Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 11, at page 61. WHEREAS, Kevin M. McGowan, agent for the applicants, petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate a portion of an 8 foot drainage and utility easement, within Lot 5, Block E, Section C, Garland Heights Subdivision, Dale Magisterial District, Chesterfield County, Virginia, more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County, in Plat Book 11, page 61, made by Brooks & Barton Certified Land Surveyors dated April 14, 1959. The easement petitioned to be vacated is more fully described as follows: A portion of an 8 foot drainage and utility easement within Lot 5, Block E, Section C, Garland Heights Subdivision, the location of which is more fully shown cross hatched on a plat made by Robert K. Thomas and Associates, dated June 27, 1987, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the portion of the 8 foot easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 87-743 ,lw. 40"' 0 That pursuant to Section Virginia, 1950, as amended, the drainage and utility easement be 15.1-482(b) of the Code of aforesaid portion of the 8 foot and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto, shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance, pursuant to Section 15.1- 483, is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of the easement vacated in the property owner of the lot within Garland Heights free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield, as grantor, and Robert L. Wright, or his successors in title, as grantee. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.I.1.b. TO CONSIDER ORDINANCE VACATING A PORTION OF AN ALLEY IN REDFORD'S SUBDIVISION Mr. Sale stated this date and time had been advertised for a public hearing to consider an ordinance to vacate a portion of a 20' alley across Lots 7, 8, 9, 10 and 11 within Redford's Subdivision. No one came forward to speak in favor of or against the propos- ed ordinance. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board adopted the following ordinance: AN ORDINANCE to vacate a portion of a 20 foot alley within Redford's Subdivision, Bermuda Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County, in Plat Book 5, at pages 70 and 71. WHEREAS, Wilma B. Dembowski and Willard T. Heath, Jr. and Leah B. Heath, (husband and wife), petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate a portion of a 20 foot alley adjacent to Lots 7, 8, 9, 10, and 11, within Redford's Subdivision, Bermuda Magisterial District, Chesterfield County, Virginia, more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 5, pages 70 and 71, made by W. W. LaPrade & Bros., Civil Engineers & Surveyors, dated April 15, 1929, and revised April 27, 1929. The portion of alley peti- tioned to be vacated is more fully described as follows: A 20 foot alley adjacent to Lots 7, 8, 9, 10, and 11, within Redford's Subdivision, the location of which is more fully shown cross hatched on a plat made by W. W. LaPrade & Bros., Civil Engineers & Surveyors, dated April 15, 1929, and revised April 27, 1929, a copy of which is attached hereto and made apart of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the portion of the 20 foot alley sought to be vacated. 87-744 '01►,, . t NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid 20 foot alley adja- cent to Lots 7, 8, 9, 10, and 11, in Redford's Subdivision, be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto, shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance, pursuant to Section 15.1- 483, is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title in the portion of the alley vacated in the owners of the abutting lots free and clear of any rights of public use. Since the portion of the alley hereby vacated is located on the periphery of the aforementioned recorded subdivision plat, this Ordinance shall vest fee simple title in the entire width of the portion of the alley vacated in the owners of the lots within Redford's Subdivision free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield, as grantor, and Wilma B. Dembow- ski and Willard T. Heath, Jr. and Leah B. Heath, (husband and wife), or their successors in title, as grantees. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.I.2. RIGHT OF WAY ITEMS ll.I.2.a. CONSIDER CONDEMNATION PROCEEDINGS ACROSS PROPERTY OF MR. AND MRS. M.W. REACHEAU AND MR. AND MRS. HENRY F. BURIAN, JR. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board authorized the County Attorney to institute condemnation proceedings against the following property owners if the amount as set opposite their names is not accepted. And be it further resolved that the County Administrator notify said property owner by registered mail on September 24, 1987, of the County's intention to enter upon and take the property which is to be the subject of said condemnation proceedings. This action is on an emergency basis and the County intends to exercise immediate right of entry, pursuant to Section 15.1-238.1 of the Code of Virginia: Mr. and Mrs. M. W. Reacheau and ($240.00 Mr. & Mrs. Henry F. Burian, Jr. Tax Map 117-15 (1) 40 ( Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.I.2.b. REQUEST FROM MS. EDA E. SNEAD TO CONSTRUCT PRIVATE DRIVE ON COUNTY RIGHT-OF-WAY On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed and authorized the County Administrator to enter into a license agreement with Ms. Eda E. Snead permitting construction of a private driveway to her property on Key Avenue along unimproved Page Street and Key Avenue from Alcott Road. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87-745 A*'" - ll.I.2.c. REQUEST FROM WATER TOWER ASSOCIATES FOR EASEMENT ACROSS COUNTY PROPERTY On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approv- ed and authorized the Chairman of the Board and County Adminis- trator to execute an easement agreement conveying a 10' sewer line easement to Water Tower Associates to install, along the rear line of County property acquired for the water tank, a tight line to an additional drainfield site to supplement a failing system at their facility along West Hundred Road near Landfill Drive, which agreement is subject to approval by the County Attorney. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.I.3. CONSENT ITEMS ll.I.3.a. WATER CONTRACT FOR FIRST CONGREGATIONAL CHRISTIAN CHURCH ON COURTHOUSE ROAD On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: First Congregational Christian Church - Courthouse Road Developer: Trustees, First Congregational Christian Church Contractor: Brian's Water Tap Service Total Contract Cost: $8,500.00 Total Estimated County Cost: $1,472.00 (Refund through connection fees) Estimated Developer Cost: $7,028.00 Number of Connections: 1 Code: 5B-2511-997 Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.I.3.b. CONTRACT FOR WATER LINE IMPROVEMENTS ALONG OLD BERMUDA ROAD BETWEEN ROUTE 10 AND OLD SAFEWAY DISTRI- BUTION CENTER On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute the necessary documents awarding contract W87-2B for construction of the water line along Route 10, to the low bidder, Bear Contracting, in the amount of $231,614.00 and transferred $75,000 from 5H-5835-545N to 5H-5835-6BOR to complete the funding of this project. (It is noted this project is the fourth of four (4) projects for improved distribution east of Route 95 included in the Capital Improvements Program.) Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 11.I.3.c. CONTRACT FOR WATER LINE IMPROVEMENTS BETWEEN KIM DRIVE, LAMPLIGHTER DRIVE AND HANDEL COURT On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute the necessary documents awarding contract W86-183B, for construc- tion of the water lines between Kim Drive, Lamplighter Drive and Handel Court to the low bidder, Richard L. Crowder Con- struction, Inc., in the amount of $65,421.00. (It is noted this project will be funded by the 1987-1988 Capital Improve- ments Budget.) Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87-746 c.: 1#W_1 le-1 ll.I.3.d. AUTHORIZE ENGINEERING DESIGN TO EXTEND PUBLIC WATER Mr. Micas stated that Mr. Applegate had indicated and asked it be noted for the record that, although he was not present, he had a potential conflict of interest regarding Hunters Ridge, pursuant to the Virginia Comprehensive Conflict of Interest Act. Discussion ensued regarding the numerous requests received by the County to extend public water to subdivisions in which wells have failed and/or have been found to be contaminated; the severity of and urgency for resolving the problem; estimat- ed costs; various financing alternatives which included an assessment district, partial assessment, the total cost of the improvement to be funded by the County through the issuance of Revenue Bonds; water rate increases; the Board's prerogative for denying zoning requests that do not meet the criteria set forth; the initiation of a mechanism to make "developer ex- pense" more equitable; the County's responsibility to ensure the health, safety and welfare of County residents; etc. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the engineering design to extend public water to the following existing subdivisions presently served by wells: Area Hunters Ridge Glebe Point Plantation Estates Courthouse Road Musket Drive Otterdale Park & Beckinham Stroud Lane Columbia Park Arsenal Hills Bellona Arsenal Total Estimated Cost Estimated Cost $ 900,000 125,000 900,000 195,000 132,000 362,000 33,000 24,000 36,000 398,000 $3,105,000 (It is noted funds have been included in the Utilities Depart- ment's Capital Improvement Program for the engineering design.) Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.I.4. REPORTS Mr. Sale presented the Board with a report on the developer water and sewer contracts executed by the County Administrator. ll.J. REPORTS Mr. Ramsey presented the Board with a status report on the General Fund Contingency Account, General Fund Balance, Road Reserve Funds, District Road and Street Light Funds, Lease Purchases, School Literary Loans and the School Board Agenda. Mr. Ramsey stated the Virginia Department of Transportation has formally notified the County of the acceptance of the following streets into the State Secondary Road System: ADDITIONS LENGTH ALVERSER WEST Route 727 (Alverser Drive) - From Route 60 to Route 677 0.32 mi. 87-747 .-*Ak ADDITIONS LENGTH HILLENWOOD Route 3740 (Malcott Drive) - From Route 750 to Route 3741 0.06 mi. Route 3741 (Malcott Court) - From 0.07 mile north of Route 3740 to a south cul-de-sac 0.11 mi. SMOKETREE SOUTH - SECTION E Route 3341 (Porters Mill Road) - From Route 3343 to 0.04 mile east of Route 3377 0.11 mi. Route 3377 (Porters Mill Terrace) - From 0.11 mile north of Route 3341 to a southwest cul-de-sac 0.22 mi. Route 3378 (Porters Mill Lane) - From Route 3377 to 0.12 mile south of Route 3377 0.12 mi. SACHEMS HEAD - PHASE I Route 3750 (Water Willow Drive) - From Route 720 to 0.11 mile southwest of Route 3752 0.18 mi. Route 3751 (Reed Grass Lane) - From Route 3750 to an east cul-de-sac 0.13 mi. Route 3752 (Wood Sage West) - From Route 3750 to a west cul-de-sac 0.09 mi. Route 3752 (Wood Sage East) - From Route 3750 to a southeast cul-de-sac 0.07 mi. QUEENSMILL - SECTION E-2 Route 1381 (Paigewood Road) - From Route 1380 to Route 1388 0.13 mi. Route 1388 (Shirlton Road) - From 0.02 mile north of Route 1380 to a north cul-de-sac 0.39 mi. Route 3511 (Shirlton Court) - From Route 1388 to a northwest cul-de-sac 0.05 mi. Route 3512 (Paigewood Court) - From Route 1381 to a southwest cul-de-sac 0.05 mi. SOMMERVILLE GROVE Route 3750 (Walton Bluff Parkway) - From Route 720 to 0.02 mile west of Route 3753 0.14 mi. Route 3753 (Sommerville Grove Terrace) - From Route 3750 .to a north cul-de-sac 0.23 mi. Route 3754 (Sommerville Grove Place) - From Route 3753 to a north cul-de-sac 0.04 mi. Route 3755 (Sommerville Grove Circle) - From Route 3753 to a northeast cul-de-sac 0.03 mi. ASHBROOK LANDING Route 3750 (Walton Bluff Parkway) - From 0.02 mile west of Route 3753 to 0.03 mile west of Route 3756 0.12 mi. Route 3756 (Ashbrook Landing Road) - From Route 3750 to 0.09 mile north of Route 3758 0.16 mi. Route 3757 (Ashbrook Landing Terrace) - From Route 3756 to a north cul-de-sac 0.09 mi. Route 3758 (Ashbrook Landing Court) - From Route 3756 to a southeast cul-de-sac 0.04 mi. 87-748 i^ AnnTMTnMO QUEENSMILL - SECTION E-1 Route 1380 (Prince William Drive) - From Route 754 to Route 1381 Route 1381 (Paigewood Road) - From Route 1380 to Route 1388 Route 1388 (Shirlton Road) - From Route 1380 to 0.02 mile north of Route 1380 Route 1388 (Kingscross Road) - From Route 1380 to 0.02 mile south of Route 1380 Route 1388 (Kingscross Road) - From 0.07 mile south of Route 3500 to 0.02 mile south of Route 1381 OAKBROOK - SECTIONS 1&2 Route 3095 (Gention Road) - From 0.03 mile south- west of Route 3098 to Route 3097 Route 3097 (Genlou Road) - From 0.04 mile south of Route 3541 to a southeast cul-de-sac Route 3542 (Upwood Road) - From Route 2790 to Route 3097 LENGTH 0.30 mi. 0.08 mi. 0.02 mi. 0.02 mi. 0.13 mi. 0.06 mi. 0.27 mi. 0.07 mi. Mr. Masden invited the Board to attend the annual meeting of the Board of Trustees of The Henricus Foundation to be held on Friday, September 25, 1987, at the Country Club of Virginia. He stated among those in attendance will be guest speaker The Honorable John O. Marsh, Jr., Secretary of the Army and avid scholar of Virginia history, and Sir Campbell Adamson, member of the Board of Directors of Lone Star -Tarmac PLC, London, England and Mr. Ray Pethtel, Commissioner of Virginia Depart- ment of Transportation, who will convey tracts of land on which the Citie of Henricus, a living history Museum and a Visitor's Center, will be erected. ll.K. EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS On motion of Mrs. Girone, seconded by Mr. Dodd, the Board went into Executive Session to discuss Personnel Matters, pursuant to Section 2.1-344 (a) (1) of the Code of Virginia, 1950, as amended. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. Reconvening: ll.L. LUNCH The Board recessed to travel to Crab Louie's Tavern for lunch. Reconvening: Mr. Daniel called the meeting to order at 2:00 p.m. (EDST). 87-749 ll.M. REQUESTS FOR MOBILE HOME PERMITS 87SR143 In Bermuda Magisterial District, MABLE S. COOK requested renewal of Mobile Home Permit 82SR093 to park a mobile home on property fronting the north line of General Boulevard at Brandywine Avenue, and better known as 2818 General Boulevard. Tax Map 81-16 (5) Central Park, Block 4, Lots 1 through 5 (Sheet 23) . Mr. Jacobson stated staff recommended approval of this request, subject to standard conditions. The applicant's daughter stated the recommended conditions were acceptable. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed Case 87SR143 for seven (7) years, subject to the following standard conditions: 1. The applicant shall be the owner and occupant of the mobile home. 2. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. 3. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. 4. No additional permanent -type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where public (County) water and/or sewer are available, they shall be used. 6. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. 7. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87SR144 In Bermuda Magisterial District, KENDALL TAYLOR WILMOTH reques- ted renewal of Mobile Home Permit 82SR092 to park a mobile home on property fronting the north line of Coxendale Road, approxi- mately 400 feet west of the Seaboard Coast Line Railraod overpass, and better known as 1700 Coxendale Road. Tax Map 98-7 (1) Parcel 3 (Sheet 32). Mr. Jacobson stated staff recommended approval of this request, subject to standard conditions. Mr. Wilmoth stated the recommended conditions were acceptable. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed Case 87SR144 for seven (7) years, subject to the following standard conditions: 87-750 .■. 1. The applicant shall be the owner and occupant of the mobile home. 2. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. 3. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. 4. No additional permanent -type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where public (County) water and/or sewer are available, they shall be used. 6. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. 7. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87SR145 In Matoaca Magisterial District, DOUGLAS ZAMMETT, LANI ZAMMETT DAVIS, WILBUR AND DOLORES WILCOX JOYNER, AND OLIVER WILCOX requested renewal of Mobile Home Permit 83SO89 to park a mobile home on property fronting the east line of Stuart Avenue at Jackson Street, and better known as 21519 Stuart Avenue. Tax Map 186-3 (2) Augustus Wright, Lot 6A (Sheet 52). Mr. Jacobson stated this request is for renewal of a permit for an existing mobile home which is located in an area designated by the Southern Area Land Use and Transportation Plan for medium density residential use. He stated development in this area gives the neighborhood a stable residential character, and although this request appears to be out of character with the neighborhood at the present time, staff recommended approval, subject to standard conditions, because it is a renewal re- quest. He stated, however, staff believes the Board should advise the applicant to regard this request as a temporary dwelling and, if approved, it may or may not necessarily be renewed. Mr. and Mrs. Wilbur Joyner stated the recommended conditions were acceptable. Mr. Joyner stated he maintains the mobile home in good condition and is not aware of adjacent property owners' reasons for objecting to approval of the permit. Mr. Wilbur Peyton expressed concerns that the mobile home is not comparable in price to existing homes in the area and is located on property with a second dwelling. He stated he felt the immediate neighborhood should remain as single family residential development and the use of mobile homes in the area should be restricted. Mrs. Perkinson expressed concerns regarding the appropriateness of the use for the property, the use of public water, viola- tions of conditions of the previous permit, location of the mobile home in proximity to an existing residence, etc. She stated a mobile home was originally placed on the site to permit renovations to the existing structure; however, the mobile home is not being used for that purpose. 87-751 Mr. Joyner stated the mobile home was originally purchased for his son's residence and has been used since that time only as a residence by members of the family. Mrs. Joyner stated the mobile home cost over $20,000 as compared to other adjacent dwellings they own, which are estimated at approximately $14,000 and $19,000 respectively, and submitted photographs to the Board of other homes in the area which she felt may or may not be valued at $50,000 or more. She stated the mobile home permit was granted originally with the knowledge that a single family structure existed on the site. When asked, Mr. Jacobson stated there is no record indicating that the original mobile home permit was approved only to permit renovations to the existing single family structure on the site; the original applicant was Douglas Zammett and was the owner/occupant of the mobile home at that time; there is no requirement that the property owner be the applicant or owner of the mobile home; and the Zoning Ordinance, through the mobile home permit process allows a property owner to have both a single family home and a mobile home on the same site. Mrs. Girone excused herself from the meeting. Mr. Mayes stated it is the responsibility of supervisors to ensure that County Codes are adhered to and the law is enforced for everyone. He stated, given the information provided to the Board regarding this request, he finds nothing to indicate that the request is illegal or in violation of the law or anyone's rights and would recommend approval. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approv- ed Case 87SR145 for seven (7) years, subject to the following standard conditions: 1. The applicant shall be the owner and occupant of the mobile home. 2. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. 3. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. 4. No additional permanent -type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where public (County) water and/or sewer are available, they shall be used. 6. Upon being -granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. 7. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Daniel, Mr. Mayes and Mr. Dodd. Absent: Mr. Applegate and Mrs. Girone. Mrs. Girone returned to the meeting. 87S146 In Matoaca Magisterial District, WILLIAM T. BEACHY, JR. AND WILLIAM T. BEACHY, SR. requested a Mobile Home Permit to park a mobile home on property fronting the south line of Johnston 87-752 AM. - 0% Street, approximately 150 feet west of Stuart Avenue, and better known as 6611 Johnston Street. Tax Map 186-3 (1) Parcel 15 (Sheet 52) . Mr. Jacobson stated this request is for a new mobile home in a section of the neighborhood where no other mobile homes are located and the mobile home is located in an area designated by the Southern Area Land Use and Transportation Plan for medium density residential use with adjacent properties zoned Resi- dential (R-7) and occupied by single family homes. He stated development in this area gives the neighborhood a stable residential character and, since this request appears to be out of character with the neighborhood at the present time, staff recommended denial. He stated, should approval of request be granted, staff believes the Board should advise the applicant to regard this request as a temporary dwelling and that it may or may not necessarily be renewed. Mr. William T. Beachy, Jr. stated the recommended conditions are acceptable and indicated he had obtained approval of adjacent property owners as evidence on material which he submitted to the Board for review. There was no opposition present. When asked, Mr. Beachy, Jr. stated the purpose of his request is to provide housing for his father and will be occupied only by his father for the period of time permitted by the Board. On motion of Mr. Mayes, seconded by Mrs. Girone, the Board approved Case 87S146 for seven (7) years, subject to the following standard conditions: 1. Mr. William Beachy, Sr. shall be the occupant of the mobile home. 2. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. 3. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. 4. No additional permanent -type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where public (County) water and/or sewer are available, they shall be used. 6. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. 7. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. ll.N. REQUESTS FOR REZONING 87S110 In Clover Hill Magisterial District, BRADLEY INVESTMENTS, LIMITED requested rezoning from Agricultural (A) and General Business (B-3) to Residential -Townhouse (R-TH). A residential - townhouse development is planned. This request lies on a 58.5 87-753 11, acre parcel fronting on the north line of Hull Street Road in four (4) places for a total of approximately 2,700 feet, across from Winterpock Road. Tax Map 75 -1 (1) Parcels 1 and 12; Tax Map 75-2 (1) Part of Parcel 2; and Tax Map 75-5 (1) Part of Parcel 1 (Sheet 20). Mr. Jacobson stated the applicant requested a thirty (30) day deferral of this request. There was no opposition present to the request for deferral. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board deferr- ed Case 875110 until October 28, 1987. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 875079 In Clover Hill Magisterial District, COUNTRY FARMS CONVENIENCE MARTS ASSOCIATES requested rezoning from Residential (R-7) to Office Business (0) and Convenience Business (B-1) with Condi- tional Use Planned Development. A retail/office complex is planned. This request lies on a 4.5 acre parcel fronting approximately 266 feet on the north line of Hull Street Road, also fronting approximately 700 feet on Pocoshock Boulevard, and located in the northwest quadrant of the intersection of these roads. Tax Map 40-5 (1) Parcel 14 (Sheet 15). Mr. Jacobson stated Mr. Applegate had requested this case be deferred for sixty (60) days since he was unable to be present at this meeting. There was no opposition to the request for a deferral. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board deferred Case 875079 until November 25, 1987. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 875028 (Amended) In Matoaca Magisterial District, GEORGE E. DAVIDSON, JR., requested a Conditional Use to permit office warehouses and associated uses on a 4.9 acre parcel fronting approximately 600 feet on the east line of Hull Street Road, approximately 6,950 feet southwest of Skinquarter Road. Tax Map 87 (1) Parcel 12 (Sheet 27) . Mr. Jacobson stated the Planning Commission recommended approv- al of this request, subject to certain conditions; however, staff recommended denial because the request is not in confor- mance with the Western Area Land Use and Transportation Plan, public water and sewer are not available in this area, the subject site is located in the triassic basin where soils are not well suited for the use of wells and septic systems and the proposed zoning and land use are incompatible with existing and anticipated area land uses. There was no opposition present. Mr. Davidson stated the recommended conditions were acceptable. When asked, he indicated he considered his existing well capacity sufficient to handle his water needs and he would be willing to connect to public sewer when it became available in the area. Mr. Mayes stated the recommended conditions, as listed in the Request Analysis, are designed to insure quality development and compliance with the proposed standards for the "Route 360 Overlay District" and the addition of small businesses are 87-754 10" 0111 necessary to complement the County's existing commercial tax base. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approv- ed Case 875028, subject to the following conditions: 1. The following conditions notwithstanding, the plan prepar- ed by Balzer and Associates, Inc., revised March 22, 1987, shall be considered the Master Plan. (P) 2. At such time that public sewer is located within 200 feet of any structure, the owner/developer shall extend public sewer to serve the entire development. (U) 3. Prior to issuance of a building permit, 100 feet of right of way, measured from the centerline of Hull Street Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (T) 4. Prior to issuance of an occupancy permit, additional pavement and curb and gutter shall be installed along Hull Street Road, as deemed necessary by the Transportation Department. (T) 5. Access shall be confined to a single entrance/exit to Hull Street Road. The exact location of the access shall be approved by the Transportation Department at the time of site plan review. (T) 6. Uses permitted shall be limited to Light Industrial (M-1) uses. There shall be no outside storage. (P) 7. Yard and Height Requirements. (a) Yards. The following yard requirements shall apply: (1) Setbacks along Route 360. All buildings and drives shall have a minimum seventy-five foot setback from the proposed rights -of -way of major arterials as indicated on the Chesterfield General Plan, as amend- ed. Parking areas shall have a minimum one hundred foot setback from proposed rights -of -way of major arterials. The parking area setback may be reduced to seventy-five feet when parking areas are located to the side or rear of buildings. Within these setbacks, landscaping shall be provided in accordance with Condition 14 (e). (2) Side yards. The side yard setbacks for buildings, drives, and parking areas shall be a minimum of thirty feet. The minimum corner side yard shall be forty feet. One foot shall be added to each side yard for each three feet that the building height adjacent thereto exceeds forty-five feet or three stories, whichever is less, subject, however, to the provisions of Section 21-27. At a minimum, landscap- ing in accordance with Condition 14 (f) (3), Perime- ter Landscaping C, shall be installed within the setback. (3) Rear yard. The minimum rear yard setback for build- ings, drives, and parking areas shall be forty feet. One foot shall be added to each rear yard for each three feet that the building height adjacent thereto exceeds forty-five feet or three stories, whichever is less, subject, however, to the provisions of Section 21-27. At a minimum, landscaping in accor- dance with Condition 14 (f) (3), Perimeter Landscap- ing C, shall be installed within the setback. (P) 8. Permitted Variations in Yard Requirements. The required minimum setback along Route 360 may be reduced with the provision of additional landscaping. The 87-755 required setback for buildings and drives along major arterials may be reduced to fifty (50) feet with the provision of landscaping in accordance with Condition 14 (f) (3), Perimeter Landscaping C. The required setback for parking areas may be reduced to fifty (50) feet with the provision of landscaping in accordance with Condition 14 (f) (3), Perimeter Landscaping C, and when such parking areas are located to the side and rear of buildings. (P) 9. Utility lines underground. All utility lines such as electric, telephone, CATV, or other similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened with appropriate landscaping. All utility pad fixtures and meters should be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan. (P) 10. Loading areas. Sites shall be designed and buildings shall be oriented so that loading areas are not visible from any of the project perimeters or any public right-of- way. (P) 11. Architectural treatment. The architectural styles shall be as depicted in the elevations submitted with the Master Plan. No building exterior (whether front, side, or rear) will consist of architectural materials inferior in quali- ty, appearance, or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors (which would be acceptable if representative of good architectural design) but rather, shall preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining property or any public right-of-way. Mechanical equipment, whether ground -level or rooftop, shall be shielded and screened from public view and designed to be perceived as an integral part of the building. (P) 12. Exterior lighting. All exterior lights shall be arranged and installed so that the direct or reflected illumination does not exceed 0.5 foot candles above background measured at the lot line of any adjoining residential or agricul- tural parcel or public right-of-way. Lighting standards shall be of a directional type capable of shielding the light source from direct view. (P) 13. Driveways and parking areas. Driveways and parking areas shall be paved with concrete, bituminous concrete, or other similar material. Surface treated parking areas and drives shall be prohibited. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic. (P) 14. Landscaping Requirements. (a) Landscaping Plan and Planting Requirements. (1) A landscaping plan shall be submitted in con- junction with final site plan approval. (2) Such landscaping plan shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and descrip- tion of all landscaping materials. 87-756 00WAk .O.. Gr (b) Plant Materials Specifications. (1) Quality. All plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provision of these specifi- cations shall conform to the standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen. (2) Size and Type. (a) Small Deciduous Trees. Small deciduous trees shall be of a species having an average minimum mature crown spread of greater than twelve (12) feet. A minimum caliper of at least two and one-half (2 1/2) inches at the time of planting shall be required. (b) Large Deciduous Trees. Large deciduous trees shall be of a species having an average minimum mature crown spread of greater than thirty (30) feet. A minimum caliper of at least three and one-half (3 1/2) inches at the time of planting shall be required. (c) Evergreen trees. Evergreen trees shall have a minimum height of five (5) feet at the time of planting. (d) Medium shrubs. Shrubs and hedge forms shall have a minimum height of two (2) feet at the time of planting. (3) Landscaping Design. (a) Generally, planting required by this section should be in an irregular line and spaced at random. (b) Clustering of plant and tree species shall be required to provide a pleasing composi- tion and mix of vegetation. (c) Decorative walls and fences may be inte- grated into any landscaping program. The use of such walls or fences, when having a minimum height of three (3) feet, may reduce the amount of required plant mate- rials at the discretion of the Director of Planning. (4) Tree Preservation. (a) Preservation of existing trees is en- couraged to provide continuity, improved buffering ability, pleasing scale and image along the Corridor. (b) Any healthy existing tree may be included for credit towards the requirements of this Section. (c) Maintenance. (1) The owner, or his agent, shall be responsible for the maintenance, repair, and replacement of all landscaping materials as may be required by the provisions of this Article. 87-757 AWAk ... (2) All plant material shall be tended and main- tained in a healthy growing condition and free from refuse and debris at all times. All unhealthy, dying or dead plant materials shall be replaced during the next planting season. (3) All landscaped areas shall be provided with a readily available water supply. The utilization of underground storage chambers to collect runoff to be later used to irrigate plant materials is encouraged. (d) Installation and Bonding Requirements. (1) All landscaping shall be installed in a sound, workmanship -like manner and according to accept- ed, good planting practices and procedures. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops or concrete or bitumin- ous curbs. (2) Where landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides to the County a form of surety satisfactory to the Planning Department in an amount equal to the costs of the remaining plant materials, related materials and installa- tion costs. (3) All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the bond may be forfeited to the County. (e) Arterial Frontage Landscaping. Landscaping shall be required along major arterial roadways within the required setback of any lot or parcel and shall be provided except where driveways or other openings may be necessary. The minimum required landscaping for this setback shall be provided as per Perimeter Landscaping B below. (f) Perimeter Landscaping. Landscaping shall be required at the outer boundaries or in the required yards of a lot or parcel or development and shall be provided except where driveways or other openings may be required. There shall be different landscaping requirements as identified herein, which shall be provided as fol- lows: (1) Perimeter Landscaping A. (a) At least one small deciduous tree for each fifty lineal feet and at least one ever- green for each fifty lineal feet shall be planted within the setback area. (b) At least one medium shrub for each twenty lineal feet shall be planted within the setback area. (c) Low shrubs and ground cover shall be reasonably dispersed throughout. 87-758 ..ek. .aw. (2) Perimeter Landscaping B. (a) At least one large deciduous tree for each fifty lineal feet and at least one ever- green for each thirty lineal feet shall be planted within the setback area. (b) At least one small deciduous tree for each fifty lineal feet shall be planted within the setback area. (c) At least one medium shrub for each fifteen lineal feet shall be planted within the setback area. (d) Low shrubs and ground cover shall be reasonably dispersed throughout. (a) A minimum three (3) foot high undulating berm, and (b) Perimeter Landscaping A. (3) Perimeter Landscaping C. (a) At least one large deciduous tree for each fifty lineal feet and at least one ever- green tree for each thirty lineal feet shall be planted within the setback area. (b) At least one small deciduous tree for each thirty lineal feet shall be planted within the setback area. (c) At least one medium shrub for each ten lineal feet shall be planted within the setback area. (d) Low shrubs and ground cover shall be reasonably dispersed throughout. (a) A minimum four (4) foot high undulating berm, and (b) Perimeter Landscaping B. (g) Landscaping Standards for Parking Areas. Interior parking area landscaping. (a) Parking areas shall have at least twenty (20) square feet of interior landscaping for each space. Each required landscaped area shall contain a minimum of 100 square feet and have a minimum dimension of at least ten feet. With the provision of this landscaping, parking space size may be reduced to 171.0 square feet. Minimum width shall be 9.5 feet; minimum length shall be 18 feet. (b) The primary landscaping material used in parking areas shall be trees which provide shade or are capable of providing shade at maturity. Each required landscaped area shall include at least one small tree, as outlined in this Section. The total number of trees shall not be less than one for each 200 square feet, or fraction thereof, of required interior landscaped area. The 87-759 .r• .•k /^ remaining area shall be landscaped with shrubs and other vegetative material to compliment the tree landscaping. (c) Landscaping areas shall be reasonably dispersed throughout, located so as to divide and break up the expanse of paving. The area designated as required setbacks shall not be calculated as required land- scaped area. 15. Signs shall be as regulated by the Zoning Ordinance for Special Sign Districts for office parks and similar groups of buildings. Landscaping shall be installed around the base of freestanding signs. (P) (Note: Prior to obtaining a building permit, detailed site plans must be submitted to the Planning Department for approval.) Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87SO46 In Matoaca Magisterial District, TURNWALL ASSOCIATES requested rezoning from Agricultural (A) to Community Business (B-2) on 7.2 acres with Conditional Use Planned Development on this tract and a 5.1 acre tract currently zoned Community Business (B-2). This request lies on a total of 12.3 acres fronting approximately 990 feet on the west line of Jefferson Davis Highway, also fronting approximately 1,355 feet on Happy Hill Road, and located in the northwest quadrant of the intersection of these roads. Tax Map 149-7 (1) Parcels 5, 28, and 29 (Sheet 41) . Mr. Jacobson stated this request was deferred from the August 26, 1987 Board meeting to permit the applicants to meet with staff and area residents relative to access to Happy Hill Road and, subsequent to that meeting, the applicants submitted a revised Master Plan limiting access to Happy Hill Road to one (1) entrance/exit north of Tinstree Drive. He stated the Planning Commission recommended approval of this request, subject to certain conditions which have been modified in the Addendum to reflect the outcome of the most recent neighborhood meeting. Mr. Edward Willey, Jr., representing the applicants, stated the recommended conditions, included the Addendum, were acceptable. Dr. Wallace McMichael, representing residents of Tinsberry Trace Subdivision, stated the current site plan, as revised, is acceptable. Ms. Novinski stated the current plan was acceptable even though it was preferable not to have commercial development within such close proximity to the residential neighborhood. Mr. Mayes commended the developers' and citizens' cooperative efforts in addressing/resolving concerns relative to this request. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approv- ed Case 87SO46, subject to the following conditions, including the Addendum: 1. The following conditions notwithstanding, the plan pre- pared by The Wilson-Moreth Partnership, revised September 9, 1987, Resubmission, shall be considered the Master Plan. (P) 2. Public water and sewer shall be used. (U) 87-760 .M 1_0'^ 3. The developer shall provide an accurate account of the drainage situation showing existing drainage and the impact this development will have on the site and sur- rounding area. The development shall submit an overall storm water management and site construction plan to Environmental Engineering and the VDOT providing for on - and off -site drainage facilities in accordance with the discussion section of this report. The plans shall be approved by the Environmental Engineering Department and VDOT, and all necessary easements shall be obtained prior to any vegetative disturbance. The approved off -site plan may have to be implemented prior to clearing. (EE) 4. On -site storm water retention may be utilized to eliminate Condition 3 and the necessity for downstream improvements or easements below the two existing outfall pipes (one under Route 301 and one under Happy Hill Road). The existing pipe capacities (based upon the existing pipe diameters and slopes) shall not be increased by this development unless the developer opts to satisfy Condition 3 in lieu of this condition. (EE) 5. Driveways and parking areas shall be paved with concrete, bituminous concrete, or other similar material. Surface treated parking areas and drives shall be prohibited. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic. (P&EE) 6. Prior to the issuance of a building permit, sixty (60) feet of right of way, measured from the centerline of Jefferson Davis Highway, and forty-five (45) feet of right of way, measured from the centerline of Happy Hill Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (T) 7. There may be one (1) access point to Happy Hill Road located north of the Tinstree Drive/Happy Hill Road intersection as generally depicted on the Master Plan. Access to Jefferson Davis Highway shall be confined to a single entrance/exit unless modified by the Transportation Department at the time of schematic plan review to allow a second access to Jefferson Davis Highway. A second access to Jefferson Davis Highway shall be permitted only if adequate separation is provided between the two (2) access points, as determined by the Transportation Department. (T) (Note: The two (2) access points to Jefferson Davis Highway, as depicted on the Master Plan, should be located so as to provide greater separation.) 8. Additional pavement, curb, and gutter shall be provided along Jefferson Davis Highway and Happy Hill Road. In conjunction with schematic plan review, a phasing plan for improvements may be submitted to the Transportation De- partment for approval. (T) 9. Buffers and setbacks (a) A fifty (50) foot buffer shall be maintained along Happy Hill Road to a point approximately 350 feet northwest of Jefferson Davis Highway, measured from the ultimate right of way of Jefferson Davis Highway. A 100 foot buffer shall be maintained along the remaining length of Happy Hill Road. (b) A fifty (50) foot buffer shall be maintained along the west property line, where adjacent to Agricul- tural (A) property. In addition to landscaping required herein, a six (6) foot high solid board fence shall be installed within this buffer. 87-761 i•a 10. cia (c) Setbacks along Jefferson twenty-five (25) feet. Davis Highway shall be Other than Building "D" and a retention/detention basin which may encroach into the Happy Hill Road buffer, provided such encroachment is no more than that reflected on the Master Plan or as approved by the Planning Commission at the time of schematic plan review; utilities which run generally perpendicular through the Happy Hill Road and western buffer; ornamental screening walls; berms; landscaping; a single sign and access as permitted herein, there shall be no facilities located within the Happy Hill Road and western buffers. Within these buffers, landscaping shall be accom- plished so as to screen this development from adja- cent properties and Happy Hill Road. Also, land- scaping shall be installed within the Jefferson Davis Highway setback. At a minimum, landscaping shall be accomplished in accordance with Condition 10 (f). A conceptual landscaping plan shall be submitted to the Planning Commission in conjunction with schematic plan review. A detailed landscaping plan shall be submitted to the Planning Department for approval within ninety (90) days of clearing and rough grad- ing. (P) Landscaping requirements (a) Purpose and Intent. A comprehensive landscaping program for each indi- vidual lot or parcel within the Overlay District is essential for the visual enhancement of the Corridor; and to protect and promote the appearance, character, and economic values of land along the corridor and surrounding neighborhoods. The purpose and intent of such landscaping requirements is also to reduce the visibility of paved areas from adjacent properties and streets, moderate climatic effects, minimize noise and glare, and enhance public safety by defin- ing spaces to influence traffic movement. Landscap- ing will reduce the amount of storm water runoff and provide transition between neighboring properties. (b) Landscaping Plan and Planting Requirements. (1) A landscaping plan shall be submitted in con- junction with final site plan approval. (2) Such landscaping plan shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and descrip- tion of all landscaping materials. (c) Plant Materials Specifications. (1) Quality. All plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provision of these speci- fications shall conform to the standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen. (2) Size and Type. (a) Small Deciduous Trees. Small deciduous trees shall be of a species having an 87-762 10m "k 100- - average minimum mature crown spread of greater than twelve (12) feet. A minimum caliper of at least two and one-half (2 1/2) inches at the time of planting shall be required. (b) Large Deciduous Trees. Large deciduous trees shall be of a species having an average minimum mature crown spread of greater than thirty (30) feet. A minimum caliper of at least three and one-half (3 1/2) inches at the time of planting shall be required. (c) Evergreen trees. Evergreen trees shall have a minimum height of five (5) feet at the time of planting. (d) Medium shrubs. Shrubs and hedge forms shall have a minimum height of two (2) feet at the time of planting. (3) Landscaping Design. (a) Generally, planting required by this sec- tion should be in an irregular line and spaced at random. (b) Clustering of plant and tree species shall be required to provide a pleasing composi- tion and mix of vegetation. (c) Decorative walls and fences may be inte- grated into any landscaping program. The use of such walls or fences, when having a minimum height of three (3) feet, may reduce the amount of required plant mate- rials at the discretion of the Director of Planning. (4) Tree Preservation. (a) Preservation of existing trees is en- couraged to provide continuity, improved buffering ability, pleasing scale and image along the Corridor. (b) Any healthy existing tree may be included for credit towards the requirements of this Section. (d) Maintenance. (1) The owner, or his agent, shall be responsible for the maintenance, repair, and replacement of all landscaping materials as may be required by the provisions of this Article. (2) All plant material shall be tended and main- tained in a healthy growing condition and free from refuse and debris at all times. All un- healthy, dying or dead plant materials shall be replaced during the next planting season. (3) All landscaped areas shall be provided with a readily available water supply. The utilization of underground storage chambers to collect runoff to be later used to irrigate plant mate- rials is encouraged. (e) Installation and Bonding Requirements. (1) All landscaping shall be installed in a sound, workmanship -like manner and according to accept- 87-763 im AMM4, ed, good planting practices and procedures. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops or concrete or bitumin- ous curbs. (2) Where landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides to the County a form of surety satisfactory to the Planning Department in an amount equal to the costs of the remaining plant materials, related materials and installa- tion costs. (3) All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the bond may be forfeited to the County. (f) Perimeter Landscaping. At a minimum, landscaping shall be provided within required buffers and setbacks as follows: (1) At least one large deciduous tree for each fifty lineal feet and at least one evergreen for each thirty lineal feet shall be planted within the setback area. (2) At least one small deciduous tree for each fifty lineal feet shall be planted within the setback area. (3) At least one medium shrub for each fifteen lineal feet shall be planted within the setback area. (4) Low shrubs and ground cover shall be reasonably dispersed throughout. OR: (1) A minimum four (4) foot high undulating berm, and (2) At least one large deciduous tree for each fifty lineal feet and at least one evergreen tree for each thirty lineal feet shall be planted within the setback area. (3) At least one small deciduous tree for each thirty lineal feet shall be planted within the setback area. (4) At least one medium shrub for each ten lineal feet shall be planted within the setback area. (5) Low shrubs and ground cover shall be reasonably dispersed throughout. (g) Landscaping Standards for Parking Areas. Interior parking area landscaping. (1) Any parking area shall have at least twenty (20) square feet of interior landscaping for each space. Each required landscaped area shall contain a minimum of 100 square feet and have a minimum dimension of at least ten feet. With 87-764 Aw. the provision of this landscaping, parking space size may be reduced to 171.0 square feet. Minimum width shall be 9.5 feet; minimum length shall be eighteen feet. (2) The primary landscaping material used in parking areas shall be trees which provide shade or are capable of providing shade at maturity. Each required landscaped area shall include at least one small tree, as outlined in this section. The total number of trees shall not be less than one for each 200 square feet, or fraction there- of, of required interior landscaped area. The remaining area shall be landscaped with shrubs and other vegetative material to compliment the tree landscaping. (3) Landscaping areas shall be reasonably dispersed throughout, located so as to divide and break up the expanse of paving. The area designated as required setbacks shall not be calculated as required landscaped area. (P) 11. Utility lines underground. All utility lines such as electric, telephone, CATV, or other similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened with appropriate landscaping. All utility pad fixtures and meters should be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan. (P) 12. Loading areas. Sites shall be designed and buildings shall be oriented so as to minimize the view from project perimeters adjoining any A or R District or any public rights of way. (P) 13. Architectural treatment. The shopping center shall have an architectural style as depicted in the elevations prepared by Freeman and Morgan, dated June 2, 1987. No building facade (whether front, side, or rear) will con- sist of architectural materials inferior in quality, appearance, or detail to any other facade of the same building. The intent of this requirement is not to pre- clude the use of different materials on different building facades (which would be acceptable if representative of good architectural design) but rather, to preclude the use of inferior materials on sides which face adjoining prop- erty and thus, might adversely impact existing or future development causing a substantial depreciation of property values. No portion of a building constructed of unpainted cinder block or corrugated and/or sheet metal shall be visible from any adjoining property or public right-of- way. Painted block shall be permitted on the rear of Stores "A," "B," and "C," shown on the Master Plan. The smaller retail uses (i.e., Building "D") shall be located at least sixty (60) feet from Happy Hill Road. There shall be no parking between Happy Hill Road and Building "D." The facades of Buildings "C" and "D," which are generally parallel to Happy Hill Road, shall have the Happy Hill Road facades treated as fronts and the rear facade of Building "D" may employ doors and windows (i.e., these may be fake). Building "D" shall have no service doors visible to Happy Hill Road. In conjunction with schematic plan review, elevations shall be submitted to the Planning Commission for approval. Mechanical equip- ment, whether ground -level or rooftop, shall be shielded and screened from public view and designed to be perceived as an integral part of the building. (P) 14. In addition to Community Business (B-2) uses, drive-in restaurants shall be permitted provided they are located 87-765 at least 250 feet from the centerline of Happy Hill Road. (P) 15. No individual use requiring more than 12,000 square feet of gross floor area shall be permitted within 200 feet of the centerline of Happy Hill Road. (P) 16. Only one (1) freestanding sign to identify the shopping center shall be permitted along Happy Hill Road. This sign shall not exceed an area of twenty (20) square feet, and a height of thirteen (13) feet. All other freestand- ing and building -mounted signs shall be as regulated by the Zoning Ordinance and shall be oriented so as not to be visible from any R or A property along Happy Hill Road. Signs may be lighted only if the signfield is opaque with translucent letters. All signs shall be similar in color, design, and lighting. Prior to erection of any signs, a package depicting typical signs shall be submitted to the Planning Commission for approval in conjunction with schematic plan submission. (P) 17. All exterior lights shall be arranged and installed so that the direct or reflected illumination does not exceed 0.5 foot candles above background measured at the lot line of any adjoining residential district or public right of way. Lighting standards shall be of a directional type capable of shielding light source from direct view. A lighting plan shall be submitted to the Planning Depart- ment in conjunction with final site plan review. (P) Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87SO64 In Midlothian Magisterial District, SALISBURY CORPORATION, SOMMERVILLE DEVELOPMENT CORPORATION, AND TOMAC CORPORATION requested rezoning from Agricultural (A), Residential (R-9), and Residential (R-40) to Residential (R-9), Residential (R-25), Office Business (0), and Light Industrial (M-1) with Conditional Use Planned Development. A mixed use development with residential, office, commercial, and light industrial uses is planned. This request lies on a 375 acre parcel fronting in two ( 2 ) places on the north line of Midlothian Turnpike for a total of approximately 2,000 feet, beginning at a point approx- imately 1,000 feet west of Otterdale Road. Tax Map 7-9 (1) Part of Parcel 1; Tax Map 14 (1) Parcel 50; Tax Map 15-5 (1) Part of Parcel 2; and Tax Map 15-6 (1) Parcel 4 (Sheets 2, 5, 6, and 7 ) . Mr. Jacobson stated the applicants are requesting rezoning with Conditional Use Planned Development to develop a mixed use project including office, industrial and various residential uses. He presented a brief synopsis of each tract, the uses requested and the acreage of each tract. He stated the Plann- ing Commission recommended approval of the following, subject to conditions outlined in the Request Analysis and acceptance of the applicants' proffered conditions I through IV, with proffered condition V not recommended for acceptance: I. Residential (R-25) zoning north of Michaux Creek to permit traditional single family detached dwellings, single family detached row houses, townhouse units and condo- minium units; II. Light Industrial (M-1) zoning on the "Knabe Tract" and "Justice Tract" and Residential (R-9) zoning on the northern portion of the "Justice Tract", with the ability to develop a variety of residential land uses, as request- ed; and III. Light Industrial (M-1) zoning, Office Business (0) zoning and Residential (R-9) zoning on the "Salisbury" and "Batte" tracts south of Michaux Creek. 87-766 He stated staff recommended approval of; I. Residential (R-25) zoning north of Michaux Creek to permit traditional single family detached residential uses, subject to densities not exceeding 1.0 units per acre and compliance with bulk requirements of the Residential (R-40) District, except minimum lot areas may be 25,000 square feet; II. Light Industrial (M-1) zoning on the "Knabe Tract" and "Justice Tract"; Residential (R-9) zoning on the northern portion of the "Justice Tract", with the ability to develop a variety of residential land uses, as requested; and III. Suggested that the rezoning and development proposals on the western portion of the property, south of Michaux Creek are premature in that approval of a major develop- ment proposal, prior to a commitment for construction and establishment of the alignment of Route 288, could result in a less intense development than appropriate, given the proximity to the interchange and, conversely, many of the land uses proposed may be too intense should Route 288 be located further west. Mr. Jim Hayes, representing the applicants, stated the subject proposal has been under consideration for some time and has been a complex, difficult one. He stated, at the time the original Sommerville proposal was submitted, the County re- quested that adjacent properties be included in a Master Plan for development of the area encompassing these properties and the mixed -use development proposal being submitted to the Board for approval is the result of that request. He stated there were numerous meetings involving the applicants, staff, area residents and the District Supervisor to discuss the proposed development and conditions relative to permitted uses, density, drainage, utilities, erosion control, transportation, land use compatibility, land use transition, design and architectural criteria, etc. He stated the applicants are in agreement with the Planning Commission recommendations and conditions as outlined in the Request Analysis and the Addendum, with the exception of Condition 16 which he requested be modified to restrict the further extension of Salisbury Road across Michaux Creek and Condition 25 which he requested be modified to require the Salisbury Homeowner's Association to be notified by the County staff, rather than the developer(s), of the time and date of any schematic plan review, respectively. He stated the applicants had no objection to Proffered Condition V not being accepted. When asked, Mr. Hayes stated the Batte Tract property south of Michaux Creek would be served by a road through the Salisbury property to Route 60 and the Batte Tract property north of Michaux Creek would have its access from the road system south of Michaux Creek. Mr. Daniel asked where the proposed westerly routes of Route 288 were located relative to the Batte Tract. Mr. McCracken indicated on the map the two corridors currently under consid- eration by the Virginia Department of Transportation, one design crossing through the properties and the second design generally parallelling the western border of the properties. Mr. John Watkins stated he is generally in agreement with the concept of the proposed development and staff recommendations, particularly the conditions relative to the transportation portion of the Plan. He stated, after discussions with Mr. Cauble concerning the alignment of Route 288 north of the Powhite Parkway, Mr. Cauble agreed that no residential develop- ment would occur on the Batte property south of Michaux Creek until VDOT had made a decision as to the exact alignment of Route 288. 87-767 .N%. ,••., Mr. J. K. Timmons presented background information relative to the Salisbury Tract (Tract "E") and the road network and densities proposed to serve that property. He stated the original Master Plan for Salisbury Subdivision included an extension of Salisbury Road to Midlothian Turnpike; however, after the current proposal was devised, it was determined it would be more feasible to construct Salisbury Road in a cir- cular pattern to intersect with Chepstow Road and Newgate Road would become a cul-de-sac street. He stated, to his knowledge, this plan appears to be acceptable to the area residents. He stated the Master Plan proposes a variety of residential uses on Tract "E" to include single family residential, detached row houses, townhouses and /or condominiums with densities ranging between 2.0 and 2.63 units per acre; however, there was concern from area residents that this density was too intense. He stated meetings were held to discuss the proposed development and, subsequently, amended Textual Statements for Tract "E" were submitted reducing development from the Planning Commis- sion's recommended maximum of 150 units to 125 units. There was discussion concerning extension of Salisbury Road into the Batte property north of Michaux Creek if the current application were denied; the impact of requested densities on traffic volumes on existing Salisbury Road; development of Tract "E" being in compliance with all bulk requirements of the Residential (R-40) District, except lot area which may be reduced to 25,000 square feet; modification of Condition 16 to state, "Salisbury Road shall not extend across Michaux Creek, but shall be aligned in such a manner as to serve Parcel E and approximately 15 acres of Salisbury property west of Parcel E and will tie into Chepstow Road. Newgate Road may be extended to service the contiguous Salisbury property only and shall terminate in two permanent cul-de-sacs", etc. Ms. Carolyn Powers, 2101 Galloway Terrace, representing approx- imately 224 residents of Castleford, Heathland and Galloway and the Coalition of Concerned Salisbury Homeowners, stated a petition was presented to Mrs. Girone which stated the property owners support staff's recommendation as presented in the July 21, 1987, Request Analysis that the zoning north of Michaux Creek not permit densities exceeding 1 unit per acre and that West Salisbury Road not extend or connect with Route 60. Ms. Linda Harper, representing residents of Newgate Road, voiced support of staff's recommendation that the zoning remain Residential (R-40), densities north of Michaux Creek not exceed 1 unit per acre and West Salisbury Road not be extended or connected with Route 60. She stated residents do not find the requested zoning to be compatible in any manner. Ms. Debbie Hanes, representing residents of Galloway, voiced opposition to the proposed high density residential development because it will increase area traffic volumes which will adversely impact the safety and welfare of the children who live in this community. She expressed concern that the pro- posed residential development will not benefit the County in that it will generate the need for additional County services (i.e., additional classroom space/schools, fire/police service, public utilities, road improvements, etc.) Mr. Darryl Vick, Winterfield Lane, expressed concerns regarding the volumes of traffic generated by the proposed development and its impact on the safety of the neighborhood. He stated he has experienced property damage from the existing traffic on neighborhood roads and is convinced the generation of addi- tional traffic will impact him more seriously and not benefit the County. Ms. Nancy Harr, 14910 Midlothian Turnpike, voiced concerns relative to the uncertainty of the proposed Route 288 alignment and its impact on this area. She requested that rezoning of the Batte property be delayed until such time as a decision is made by VDOT relative to this alignment. 87-768 There was discussion concerning the agreement between Mr. Watkins and Mr. Cauble that no residential development would occur south of Michaux Creek on the Batte propety until VDOT had made a decision as to the exact alignment of Route 288. It was generally agreed that a condition restricting zoning in an undefined highway corridor may not be appropriate without a proffered condition from the developer. Mr. Hayes stated he was not in a position to proffer such a condition. Mr. Daniel inquired if it would be appropriate to delay rezon- ing of the Batte property. Mr. Micas stated it may be appro- priate to defer this portion of the request based on the uncertainties of the development prospects for the area. Mrs. Girone noted VDOT is currently preparing environmental impact studies to determine an acceptable location for Route 288, north of Powhite Parkway and such a decision could take an indefinite period of time. Mr. Dodd stated he felt the proposal was a good compromise in that it would provide a high quality development with buffers from the commercial development, no extension of Salisbury Road to Route 60, reduced densities, etc. When asked, Mr. McCracken indicated that, even if Salisbury Road were not extended to Route 60, staff would most likely request stub roads to the east and west so that a parallel road to Route 60 can be developed and subsequent traffic would likely utilized those roads. Mrs. Girone stated public input regarding this request has been substantial, particularly with respect to the extension of Salisbury Road and the proposed densities. She stated she felt a further reduction of the densities on Tract "E" to 100 units and the looping of Salisbury Road to intersect with Chepstow, would be advantageous to the community. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved Case 875064, subject to the following conditions: 1. The following conditions notwithstanding, the plan pre- pared by J.K. Timmons and Associates, P.C., revised Febru- ary 18, 1987, and the Textual Statement plus the revised Textual Statement for Tract "E," dated July 21, 1987, shall be considered the Master Plan with the exception that the total number of dwelling units permitted in Tract "E" shall be limited to 100. (P,CPC,&BS) 2. Public water and sewer shall be used. (U) 3. In conjunction with schematic/subdivision plan submission for each site, the developer/owner shall submit the antic- ipated wastewater flow calculations to the Utilities Department for approval. Schematic/subdivision plans shall not be approved until such time as the Utilities Department has reviewed and approved this information. (U) 4. Upon notification by the Utilities Department that average daily flows in the Michaux Creek Pump Station necessitate the addition of a third pump, the owner/developer (i.e., Salisbury Corporation, Sommerville Development Corporation and Tomac Corporation) shall, within 210 days of the date of notification, install said pump (which shall have characteristics as specified by the Utilities Department) and complete all connections, testing, etc., as required by the Utilities Department. (U) 5. The developer shall provide an accurate account of the drainage situation showing existing drainage and the impact this development will have on the site and surrounding area. The developer shall submit a storm water management and site construction plan for each watershed to Environmental Engineering and VDOT providing 87-769 for on- and off -site drainage facilities in accordance with the Environmental Engineering Section of the "Request Analysis and Recommendation." The plan shall be approved by Environmental Engineering and VDOT and all necessary easements shall be obtained prior to any vegetative dis- turbance within each watershed. Prior to schemat- ic/subdivision approval of any individual sites, the plans shall provide a development storm water management program for each watershed to the degree that all off -site con- cerns have been addressed and resolved. The plans shall include the repair, upgrading, and design necessary to achieve desired conditions through the utilization of the existing lakes. The plans shall delineate those portions of the project which will remain undisturbed. (EE) 6. In Light Industrial (M-1) Districts, all driveways and parking areas shall be paved. Concrete curb and gutter shall be installed around the perimeter of all paved driveways and parking areas in all areas except those that are regulated by Section 18-36 (j) of the Subdivision Ordinance, which shall be governed by requirements of the Subdivision Ordinance. All drainage shall be designed so as not to interfere with pedestrian traffic. (EE&P) 7. Road construction plans shall be submitted separately to the Transportation Department, VDOT, and the Environmental Engineering Department. Approval from these agencies and the dedication of the right of way shall be a prerequisite to the release of any building permits accessing a State maintained road. (EE&T) 8. Prior to the release of any building permits or recorda- tion of right of way and/or subdivision plats for any development which drains into any detention facility, ownership and maintenance of the facility shall be estab- lished as the responsibility of private entities. Upon completion of construction of these facilities, they shall be certified by a professional engineer. This condition may be modified by the Environmental Engineering Depart- ment. (CPC) 9. Maximum permissible release rate from any detention facil- ity shall not exceed the capacity of any storm water conveyance system between the facility and Michaux Creek. (EE) 10. No building shall be located within the inundation limits of a dam failure. Calculations shall be submitted to the Environmental Engineering Department for documentation. (EE) 11. Approval of the Master Plan does not imply that the County gives final approval of any particular road sections, right of way widths, or alignments. (T) 12. The developer shall be responsible for an additional lane of pavement with curb and gutter for the entire property frontage along the westbound lane of Route 60. In con- junction with the first schematic/subdivision plan sub- mission, south of Michaux Creek, a phasing plan for the improvements may be submitted to, and approved by, the Transportation Department. (T) 13. At such time that this development generates 10,000 vehi- cles per day, as determined by actual traffic counts, no additional building permits shall be issued until a traf- fic analysis has been submitted to, and approved by, the Transportation Department. The traffic analysis shall be prepared in accordance with the Transportation Section of the "Request Analysis and Recommendation." (T) 14. In conjunction with the first schematic/subdivision plan review, an overall access plan shall be submitted to, and approved by, the Transportation Department. This access 87-770 0 plan can be developed and approved in tracts. This plan shall show all access points to Route 60, stub roads to the east and west, and the proposed site roads. The plan shall also include information relative to whether site roads will be private or public roads. (T) 15. Salisbury Road shall not extend across Michaux Creek, but shall be aligned in such a manner as to serve only Parcel "E" and approximately fifteen (15) acres of Salisbury property west of Parcel "E" and will tie into Chepstow Road. Newgate Road may be extended to service the conti- guous Salisbury property only and shall terminate in two (2) permanent cul-de-sacs. (BS) 16. A fifty (50) foot buffer shall be maintained along the periphery of the Light Industrial (M-1) Districts tract where adjacent to residentially or agriculturally zoned property. No buildings, parking, or other facilities shall be permitted within these buffers. Public roads and utilities may be permitted through these buffers upon approval by the Planning Commission at the time of sche- matic plan review. At the time of schematic plan review for each individual lot, within the Light Industrial (M-1) District, a conceptual landscaping plan shall be submitted to the Planning Commission for approval. This condition may be modified by the Planning Commission at the time of schematic plan review if adjacent property has been zoned for a similar use or if it is determined that adequate buffering can be accomplished in a lesser width. Detailed landscaping plans shall be submitted to the Planning De- partment for approval within ninety (90) days of rough clearing and grading. (P) 17. Within Light Industrial (M-1) Districts, street lighting standards, equipment, and maintenance of other than stan- dard County street lighting shall be provided by the developer (or his assignee) at his (their) expense. If the County agrees to pay for street lighting current, the Board shall first approve the street lighting plan as to the County's commitment. (P) 18. Within Light Industrial (M-1) Districts, all parking areas of thirty (30) spaces or more shall contain appropriate landscaped areas, as deemed necessary by the Planning Commission during schematic plan review. (P) 19. In conjunction with the approval of this request, a twenty-five (25) foot exception to the twenty-five (25) foot interior side yard setback requirement shall be granted within Light Industrial (M-1) tracts. (P) 20. Within Light Industrial (M-1) tracts, outside storage shall be permitted subject to approval by the Planning Commission at the time of schematic plan review. (P) 21. All "condominium units for sale" and all "apartment units for rent," located south of Michaux Creek, shall conform to the bulk requirements of the Residential -Multifamily (R-MF) District except that "condominium units for sale" shall not exceed a density of 5.0 units per acre and "apartment units for rent" shall not exceed 8.0 units per acre. The square footages specified in the Textual State- ments for each unit type shall remain applicable. (P) (Note: This condition supersedes the applicable sections of the Textual Statement.) 22. Schematic/subdivision plans shall be submitted for entire tracts, as outlined on the Master Plan. At the time of schematic/subdivision plan review of each tract, the Planning Commission may impose additional conditions to insure proper land use transition and compatibility based upon the possibility that the adjacent tract(s) may be developed for the least compatible land use permitted by 87-771 nw the approved Textual Statement. However, if an overall land use plan is submitted to the Planning Commission for approval, the Planning Commission may impose conditions to address proper land use transition and compatibility based upon that plan. This land use plan shall specify the exact uses to be developed within each tract, thereby allowing the Planning Commission to address specific con- ditions relative to land use compatibility, transition, and appropriate site design based upon the uses proposed for the tracts surrounding the schematic/subdivision under consideration. This overall land use plan may be modified by the Planning Commission throughout the life of the development subject to a revised overall plan being sub- mitted to the Planning Commission for approval. (P) 23. Prior to, or in conjunction with, the first schemat- ic/subdivision approval, a conceptual pedestrian walkway plan for the entire development shall be submitted to the Planning Commission for approval. This plan shall facili- tate pedestrian movements throughout the development. The plan shall be implemented in conjunction with development of any tract which adjoins the pedestrian system. De- tailed plans for construction of each phase of the system shall be submitted to the Planning Department for approval in conjunction with submission of subdivision final check plats or final site plans. (P) 24. The President of the Salisbury Homeowner's Association shall be notified by the developer(s) of the time and date of any schematic plan review. (CPC) 25. The Batte property (i.e., Tract "D") north of Michaux Creek shall not access through Salisbury Road. (BS) And further, the Board accepted the following proffered conditions: I. All Townhouse and Row House projects will have a minimum of 30' of open space between lot lines and tract bound- aries, except when tract boundaries are public rights -of - way. II. All condominium and apartment projects will have a minimum of 25' of yard and 30' of open space between buildings and tract boundaries, except when tract boundaries are public rights -of -way. III. A maximum of 30' of open space shall be required between similar projects (i.e., townhouses, row houses, condomini- ums and apartments). IV. Open space will serve as buffers between projects and may include utilities, roads, alleys, etc. subject to schemat- ic plan approval by the Planning Commission. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. At the Chairman's request, Case 875099 was heard out of se- quence. 87SO99 In Dale Magisterial District, LUDSON W. HUDGINS requested Conditional Use Planned Development to permit office use and bulk exceptions in an Agricultural (A) District on a 1.5 acre parcel fronting approximately 164 feet on the east line of Iron Bridge Road, approximately 80 feet north of Kingsland Road. Tax Map 66-13 (1) Parcels 5 and 28 (Sheet 22). Mr. Jacobson stated the Planning Commission recommended approv- al of this request, subject to certain conditions. Mr. Hudgins stated the recommended conditions were acceptable. 87-772 .00-1 .... '00 Ma There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board approved Case 875099, subject to the following conditions: 1. The following conditions notwithstanding, the plan submit- ted with the application shall be considered the Master Plan. Further, this Conditional Use Planned Development shall be exempt from the requirement to comply with the Corridor Overlay District standards, except as specified herein. (P) 2. This Conditional Use Planned Development shall be limited to use of the existing structure for professional offices. Outside storage shall not be permitted. (P) 3. This Conditional Use Planned Development shall be granted for a period not to exceed three (3) years from date of approval. At the end of three (3) years, this time period may be extended through schematic plan review. (P) 4. Other than normal maintenance or cosmetic improvements, no additions shall be permitted to accommodate this use. The residential appearance of the structure shall be maintain- ed. (P) 5. The driveway and parking areas shall be graveled with a minimum of six (6) inches of #21 or #21A stone. All graveled parking areas and driveway areas shall be delin- eated by permanent means (i.e. concrete bumper blocks, timbers, etc.) (P) 6. Driveway and parking areas shall be screened from view of adjacent property to the east. Screening may consist of a solid board fence and/or vegetation. The exact method of screening shall be determined at the time of site plan review. (P) 7. Signs shall be as regulated by the Zoning Ordinance for the "Route 10 Special Sign District" for Office Business (0) zoning. (P) 8. In conjunction with the approval of this request, the Planning Commission shall grant schematic plan approval of the Master Plan. (P) (Note: Prior to any site improvements, site plans must be submitted to the Planning Department for approval. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Applegate. 87SO91 In Clover Hill Magisterial District, RANDOLPH KELLY SHIVLEY requested amendment to Conditional Use (Case 855079) to permit a contractor's office and storage yard and mini -warehouses in an Agricultural (A) District on a 1.7 acre parcel fronting approximately 310 feet on the east line of Warbro Road, ap- proximately 1,480 feet south of Genito Road. Tax Map 48-7 (1) Parcel 14 (Sheet 13). Mr. Jacobson stated the Planning Commission recommended approv- al of this request, subject to certain conditions. Mr. Shivley stated the recommended conditions were acceptable. There was no opposition present. Due to a previous commitment, Mr. Daniel excused himself from the meeting. 87-773 } A00k On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed Case 875091, subject to the following conditions: 1. The following conditions notwithstanding, the plan submit- ted with the application shall be considered the Master Plan. (P) 2. A thirty (30) foot buffer shall be maintained along Warbro Road. With the exception of a single access to Warbro Road, there shall be no other facilities permitted in this buffer. The buffer shall be landscaped with ornamental trees and shrubs. The outside storage area shall be screened from view of adjacent properties by either land- scaping or fencing. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with site plan review. (P) 3. Uses permitted shall be limited to contractor's office, shop and storage yard, and mini -warehouses. There shall be no other commercial or industrial activity permitted on the site. (P) 4. One (1) sign, not to exceed eight (8) square feet in area and a height of ten (10) feet, shall be permitted identi- fying this use. (P) 5. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. (EE) 6. Prior to release of any building permits, thirty-five (35) feet of right of way, measured from the centerline of Warbro Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (T) 7. Additional pavement shall be constructed along Warbro Road to accommodate a right -turn lane. (T) 8. At such time that public sewer is located within 200 feet of the site, the owner/developer shall extend public sewer to serve the entire development. (U) 9. The previous conditions notwithstanding, all bulk require- ments of the General Business (B-3) District shall apply. (P) (Note: The above conditions supersede all conditions of Conditional Use 855079.) Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. 875071 In Matoaca Magisterial District, VANCE DEVELOPMENT CORPORATION AND HARROWGATE ASSOCIATES requested rezoning from Agricultural (A) and Convenience Business (B-1) to Residential (R-9) with Conditional Use Planned Development. A single family residen- tial subdivision, with recreational and open space uses, is planned. This request lies on a 15.1 acre parcel fronting approximately 144 feet on the northeast line of Harrowgate Road, approximately 50 feet southeast of Beechwood Road. Tax Map 163-2 (1) Parcel 37 (Sheet 49). Mr. Jacobson stated the Planning Commission recommended approv- al of this request, subject to certain conditions and accept- ance of the applicant's proffered conditions. Mr. David Warriner stated the recommended conditions were acceptable. There was no opposition present. 87-774 A+t. 0 On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approv- ed Case 875071, subject to the following conditions: 1. The following conditions notwithstanding, the plan pre- pared by Charles C. Townes and Associates, P.C., dated March 12, 1987, and the Textual Statement submitted with the application shall be considered the Master Plan. (P) 2. Harrowgate Oaks Drive shall align with Beechwood Avenue or shall be relocated to the southeast to a location approved by the Transportation Department. Should neither of these locations be appropriate, access shall be by way of Pauline Avenue Extended or by way of such other accessible streets as may have been recorded at the time of tentative subdivision review. (P&T) 3. Any open space required by proffered conditions shall be located in a usable area, and shall be located outside of the 100 year floodplain. (P) 4. Sixty (60) feet from the centerline of Harrowgate Road shall be dedicated to and for the County of Chesterfield, free and unrestricted. (T) 5. A right -turn lane shall be installed along Harrowgate Road if direct access to Harrowgate Road is obtained. (T) 6. A fifty (50) foot building setback line and buffer, exclu- sive of utility easements, shall be provided on lots adjacent to Harrowgate Road. The area within this buffer shall be planted and/or left in its natural state if there is sufficient vegetation to provide adequate screening. Prior to recordation of subdivision plats, the developer shall flag this buffer for inspection by the Planning Department. If sufficient vegetation does not exist, a landscaping plan shall be approved by the Planning Depart- ment and a bond posted to cover the cost of implementing the plan, prior to recordation of subdivision plats. This building setback line and buffer shall be noted on final check and record plats. The Planning Commission may modify this condition at the time of tentative subdivision review to allow for access break(s). (P&T) 7. Prior to submittal of final check plats, detailed site plans shall be submitted to the Planning Department for the recreation area. (P&CPC) 8. If the recreation area is lighted, the lighting shall be low level and directed in a manner such that light does not encroach upon adjacent lots. Lights shall be timed to preclude use after 10:00 p.m. (P&CPC) 9. Public water and sewer shall be used. (U) 10. The gross density of this project shall not exceed four (4) units/acre. (P) (Note: This condition supersedes Proffered Condition 8.) 11. A fifty (50) foot building setback line and buffer, exclu- sive of utility easements, shall be provided on lots along the northeastern property line. A thirty-five (35) foot building setback and buffer, exclusive of utility ease- ments, shall be provided on lots abutting property shown as N/F Storamski. The area within these buffers shall be planted and/or left in its natural state if there is sufficient vegetation to provide adequate screening. Prior to recordation of subdivision plats, the developer shall flag the buffers for inspection by the Planning Department. If sufficient vegetation does not exist, a landscaping plan shall be approved by the Planning Depart- ment and a bond posted to cover the cost of implementing the plan, prior to recordation of subdivision plats. These building setback lines and buffers shall be noted on 87-775 final check and record plats. modify this condition at the review. (P&T) The Planning Commission may time of tentative subdivision 12. A Homeowners Association shall be created and Articles of Incorporation for the Homeowners Association shall be approved by the County Attorney's Office and the Planning Department prior to recordation of any lots. (P&CPC) And further, the Board accepted the following proffered condi- tions: 1. Minimum square footage: Ranchers 1200 sq. ft. Cape Cods 1400 sq. ft. Two -Story 1500 sq. ft. Tri-level 1500 sq. ft. 2. Foundations shall be of brick exterior. 3. Side driveways shall be hardsurfaced with any of the following: asphalt, concrete, brick, stone. 4. Utilities shall be underground. 5. Any exposed exterior wood siding shall be stained or painted. 6. Exterior colors shall be earthtone, grey or white. 7. Open space shall be provided equivalent to difference between actual lot square footage and normal 9,000 sq. ft. per lot. 8. The density of development shall not exceed four (4) dwellings per acre, exclusive of area in right-of-way. 9. Open Space shall be maintained by and be the sole respon- sibility of the Developer/Owner of the development until such time as the Developer/Owner conveys such open space to a non-profit organization whose members shall be all of the individual owners of lots in the development. Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. 875076 In Midlothian Magisterial District, JAMES RIVER BUILDERS, INC. requested rezoning from Agricultural (A) to Residential - Townhouse (R-TH) with Conditional Use Planned Development. A residential -townhouse development is planned. This request lies on a 24.5 acre parcel fronting approximately 722 feet on the east line of Coalfield Road across from North Carriage Lane. Tax Map 15-16 (1) Parcels 3, 10, 11, and 12 (Sheet 7). Mr. Jacobson stated the Planning Commission recommended approv- al of this request, subject to certain conditions. Mr. Charlie Blankenship, representing the applicants, stated the recommended conditions were acceptable. Mrs. H. M. Thomas, a resident of 14021 S. Carriage Lane, stated she and other area residents did not receive notification of the proposed rezoning. She voiced opposition to the density of the proposed townhouse development and the increased traffic which would be generated as a result of the development. Ms. Thelma Nelms, 300 Coalfield Road, voiced opposition to the proposed residential townhouse development as it would be located at the corner of her property. She stated she has experienced difficulties with litter, property damage, access to Coalfield Road, etc., and recommended the request be denied. 87-776 .aft. .w►, 0 Mr. John Gref, 14000 S. Carriage Lane, stated most of the residents received no notification of either the Planning Commission or Board of Supervisor meetings regarding this case. He expressed concerns regarding the hazardous traffic condi- tions in the area, the impact of accidents on residents' property, litter, etc. He stated the concept of townhouses for this site is foolish because the development will increase traffic volumes, compound the problem of accessing Coalfied Road, generate cut -through traffic, encourage trespassing and invade the privacy of the existing residential neighborhoods. Ms. Frances Elkins, 14011 S. Carriage Lane, voiced opposition to the proposed request and stated a residential townhouse development is not needed or wanted in this single family residential neighborhood as it will generate more vehicular traffic than that which already exists. Mrs. Girone stated she had understood that area residents were to be notified when this request was to be presented and since it appears that many of them were not notified, she felt it would be appropriate to defer the request for sixty (60) days. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board deferred consideration of Case 87SO76 until November 25, 1987. Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. 87SO84 In Matoaca Magisterial District, ROPER BROTHERS LUMBER COMPANY requested Conditional Use to permit a private airport in an Agricultural (A) District on a 5.0 acre parcel lying southwest of the intersection of Woodpecker and Cattail Roads. Tax Map 130 (1) Part of Parcel 4 and Tax Map 146 (1) Part of Parcel 4 (Sheet 40). Mr. Jacobson stated the Planning Commission recommended approv- al of this request, subject to certain conditions and accept- ance of the applicant's proffered conditions. Mr. Leroy Roper stated the recommended conditions were accept- able. There was no opposition present. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approv- ed Case 87S084, subject to the following conditions: 1. The following conditions notwithstanding, the plan and Textual Statement submitted with the application shall be considered the Master Plan. (P) 2. A buffer of sufficient width to provide year-round screen- ing from adjacent properties and public rights of way shall be maintained along the northwest line of Cattail Road, adjacent to the existing residence on Cattail Road, and along the southwest line of Woodpecker Road. If existing vegetation and/or topography within this buffer is not sufficient to provide year-round screening, addi- tional landscaping of a species which will provide year- round screening shall be installed. Other than a single access, which runs generally perpendicular through these buffers, there shall be no other facilities located within these buffers. Prior to clearing and rough grading, the buffers shall be flagged and the Planning Department contacted for an inspection. A detailed plan depicting the landscaping and buffer requirements shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) 87-777 ^.. 3. This Conditional Use shall be granted to and for the owner and/or occupant of the subject property and shall be for their use only. (P) 4. There shall be no dwellings constructed within the clear- ing limits of the runway unless approved by the Planning Department. (P) And further, the Board accepted the following proffered condi- tions: 1. A seventy-five (75) foot buffer of existing vegetation and supplemental planted materials, as approved by the Plan- ning Staff, shall be maintained between any cleared area and adjacent property owned by others. 2. No paving for five (5) years. Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. l.. In Bermuda Magisterial District, PRE CON, INC. requested rezoning from Light Industrial (M-1) to Community Business (B-2) with Conditional Use Planned Development. A shopping center is planned. This request lies on a 9.0 acre parcel fronting approximately 710 feet on the east line of Jefferson Davis Highway, across from Forest Lake Road. Tax Map 133-3 (1) Part of Parcel 3 and Tax Map 133-7 (1) Part of Parcel 5 (Sheet 41) . Mr. Jacobson stated the Planning al of this request, subject to ance of the applicants proffered of proffered condition 10, which sary and may be deleted. Mr. Stuart Cary, representing recommended conditions. There was no opposition present. Commission recommended approv- certain conditions and accept - conditions with the exception condition is no longer neces- the applicant, accepted the On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed Case 875098, subject to the following conditions: 1. The following conditions notwithstanding, the plan dated March 30, 1987, and the Textual Statement submitted with the application shall be considered the Master Plan for Community Business (B-2) and General Business (B-3) uses, as specified in the Textual Statement. Light Industrial (M-1) uses may be developed on the property in accordance with bulk requirements of the Light Industrial (M-1) District (i.e., the conditions stated herein do not apply to Light Industrial (M-1) development. The property may be developed for either, but not both, commercial or industrial uses.) (P) The following conditions supplement Condition 1 for development of Community Business (B-2) and General Business (B-3) uses: 2. Setbacks along Jefferson Davis Highway. The required setback for buildings and drives along Jefferson Davis Highway shall be 75', with landscaping in accordance with Condition 5, "Perimeter Landscaping B." These setbacks may be reduced to fifty (50) feet with the provision of landscaping in accordance with Condition 5, "Perimeter Landscaping C. The required setback for parking areas shall be 75 feet, with landscaping in accordance with Condition 5, "Perimeter Landscaping B." This setback may be reduced to fifty (50) feet with the provision of land- scaping in accordance with Condition 5, " Perimeter Land- scaping C." (P) 87-778 ,•+ (Note: This condition is in addition to Condition 4 of the proffered conditions.) 3. Outside storage areas. Outdoor storage, as permitted, provided that all outdoor storage areas shall be visually screened from public rights of way. Screening shall consist of either a solid board fence, dense evergreen plant materials, or such other materials as may be ap- proved. All such screening shall be of sufficient height to screen storage areas from view. (P) LANDSCAPING REQUIREMENTS 4. Purpose and intent. A comprehensive landscaping program for the project is essential for the visual enhancement of the area; and to protect and promote the appearance, character, and economic values of land along the corridor and surrounding neighborhoods. The purpose and intent of such landscaping requirements is also to reduce the visibility of paved areas from adjacent properties and streets, moderate climatic effects, minimize noise and glare, and enhance public safety by defining spaces to influence traffic movement. Landscaping will reduce the amount of storm water runoff and provide transition be- tween neighboring properties. In addition to the Plant Materials Specifications listed in the proffered con- ditions, the following specifications shall apply: (a) Evergreen trees. Evergreen trees shall have a minimum height of five (5) feet at the time of planting. (Note: This condition supersedes Condition 5 (b) 2 (a) of the proffered conditions.) (b) Medium shrubs. Shrubs and hedge forms shall have a minimum height of two (2) feet at the time of plant- ing. (Note: This condition is in addition to Condition 6 (b) of the proffered conditions.) (P) 5. Arterial frontage landscaping. Landscaping shall be required along Jefferson Davis Highway within the required setback and shall be provided except where driveways or other openings may be necessary. The minimum required landscaping for this setback shall be provided as per Perimeter Landscaping B below. (a) Perimeter Landscaping C. (1) At least one large deciduous tree for each fifty lineal feet and at least one evergreen tree for each thirty lineal feet shall be planted within the setback area. (2) At least one small deciduous tree for each thirty lineal feet shall. be planted within the setback area. (3) At least one medium shrub for each ten lineal feet shall be planted within the setback area. (4) Low shrubs and ground cover shall be reasonably dispersed throughout. (5) A minimum four (4) foot high undulating berm, (6) Perimeter Landscaping B. 87-779 (b) Perimeter Landscaping B. (1) At least one large deciduous tree for each fifty lineal feet and at least one evergreen for each thirty lineal feet shall be planted within the setback area. (2) At least one small deciduous tree for each fifty lineal feet shall be planted within the setback area. (3) At least one medium shrub for each fifteen lineal feet shall be planted within the setback area. (4) Low shrubs and ground cover shall be reasonably dispersed throughout. OR (5) A minimum three (3) foot high undulating berms, AND (6) Perimeter Landscaping A. (c) Perimeter Landscaping A. (1) At least one small deciduous tree for each fifty lineal feet and at least. one evergreen for each fifty lineal feet shall be planted within the setback area. (2) At least one medium shrub for each twenty lineal feet shall be planted within the setback area. (3) Low shrubs and ground cover shall be reasonably dispersed throughout. (P) 6. Landscaping standards for parking areas. Interior parking area landscaping. (a) Any parking area shall have at least twenty (20) square feet of interior landscaping for each space. Each required landscaped area shall contain a minimum of 100 square feet and have a minimum dimension of at least 9.5 feet. With the provision of this landscap- ing, parking space size may be reduced to 171.0 square feet. Minimum width shall be 9.5 feet; minimum length shall be eighteen feet. (b) The primary landscaping material used in parking areas shall be trees which provide shade or are capable of providing shade at maturity. Each requir- ed landscaped area shall include at least one small tree, as outlined in this section. The total number of trees shall not be less than one for each 200 square feet, or fraction thereof, of required inter- ior landscaped area. The remaining area shall be landscaped with shrubs and other vegetative material to compliment the tree landscaping. (c) Landscaping areas shall be reasonably dispersed throughout, located so as to divide and break up the expanse of paving. The area designated as required setbacks shall not be calculated as required land- scaped area. (P) 7. Prior to the issuance of a building permit, sixty (60) feet of right of way, measured from the centerline of Jefferson Davis Highway, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (P) /^ 8. Prior to the issuance of an occupancy permit, an addition- al lane of pavement and curb and gutter shall be con- structed along the entire property frontage on Jefferson Davis Highway. (T) 9. Public water and sewer shall be used. (U) And further, the Board accepted the following proffered condi- tions: 1. The developer shall provide an accurate account of this drainage situation, showing existing drainage and the impact this project will have on the downstream area. The developer shall submit a construction plan to Environ- mental Engineering providing for on- and off -site drainage facilities. This plan shall be approved by the Environ- mental Engineering Department, and all necessary easements shall be obtained prior to any vegetative disturbance. The approved plan may have to be implemented prior to any vegetative disturbance. 2. Concealed Source Lighting shall not exceed a height of thirty (30) feet and shall be positioned so as not to project onto adjacent and adjoining residential properties in accordance with a detailed lighting plan which shall be submitted to the Planning Department for approval with site plan review. Lighting located on the rear of build- ings adjacent to residentially zoned property shall be positioned so that the lights are directed to the interior of the property and developed buildings and not towards the residentially zoned property. 3. The maximum height of any freestanding signs shall be thirty-five (35) feet and all signs, freestanding or otherwise, may be illuminated, but may only be luminous if the signfield is opaque with translucent letters. All other signs shall comply with B-2 bulk requirements. A complete sign package for each phase of development shall be submitted to the Planning Commission in conjunction with schematic plan review. 4. Setbacks along major arterials. The required setback for buildings and drives along major arterials shall be 75 feet. 5. (a) Utility lines underground. All utility lines such as electric, telephone, CATV, or other similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened with appropriate landscaping. All utility pad fixtures and meters should be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the archi- tectural elements of the site plan. (b) Loading areas. Sites shall be designed and buildings shall be oriented so as to minimize the view from project perimeters adjoining any A, R, R-TH, or R-MF District or any public rights of way. (c) Architectural treatment. No building facade (whether front, side, or rear) will consist of architectural materials inferior in quality, appearance, or detail to any other facade of the same building. The intent of this requirement is not to preclude the use of different materials on different building facades (which would be acceptable if representative of good architectural design) but rather, to preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. No portion of a building con- 87-781 GEA Gib i structed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoin- ing property or public right-of-way. Mechanical equipment, whether ground -level or rooftop, shall be shielded and screened from public view and designed to be perceived as an integral part of the building. The finished project shall be in keeping architec- turally with the rendering submitted herewith or with the quality of construction at Chesterfield Meadows and/or Stoney Point. (d) Driveways and parking areas. Driveways and parking areas shall be paved with concrete, bituminous con- crete, or other similar material. Surface treated parking areas and drives shall be prohibited. Con- crete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drain- age shall be designed so as not to interfere with pedestrian traffic. (a) Landscaping plan and planting requirements. (1) A landscaping plan shall be submitted with site plan approval. (2) Such landscaping plan shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size, and descrip- tion of all landscaping materials. (b) Plant materials specifications. (1) Quality. All plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provision of these specifications shall conform to the standards of the most recent edition of the "American Stan- dard for Nursery Stock," published by the Ameri- can Association of Nurserymen. (2) Size and type. (a) Small deciduous trees. Small deciduous trees shall be of a species having an average minimum mature crown spread of greater than twelve: (12) feet. A minimum caliper of at least two and one-half (2 ) inches at the time of planting shall be required. (b) Large deciduous trees. Large deciduous trees shall be of a species having an average minimum mature crown spread of greater than thirty (30) feet. A minimum caliper of at least three and one-half (3 ) inches at the time of planting shall be required. (c) Evergreen trees. Evergreen trees shall have a minimum height of two (2) feet at the time of planting. (c) Landscaping design. (1) Generally, planting required by this section should be in an irregular line and spaced at random. (2) Clustering of plant required to provide mix of vegetation. and tree species shall be a pleasing composition and 87-782 AAW (3) Decorative walls and fences may be integrated into any landscaping program. The use of such walls or fences, when having a minimum height of three (3) feet, may reduce the amount of requir- ed plant materials at the discretion of the Director of Planning. (d) Tree preservation. (1) Preservation of existing trees is encouraged to provide continuity, improved buffering ability, pleasing scale and image along the Corridor. (2) Any healthy existing tree may be included for credit towards the requirements of this section. (e) Maintenance. (1) The owner, or his agent, shall be responsible for the maintenance, repair, and replacement of all landscaping materials installed in conjunc- tion with the development as required in the landscaping plan (inclusive of new materials). (2) All plant material shall be tended and main- tained in a healthy growing condition and free from refuse and debris at all times. All un- healthy, dying, or dead plant materials shall be replaced during the next planting season (inclu- sive of new plant material). 7. A landscaping plan depicting the required buffer areas, types of plants, heights of plants, and spacing of plants shall be submitted to the Planning Department for approv- al. 8. In the event public transportation is ever made available in the are of the proposed development, buses may use the parking areas of the development for turn -around purposes. 9. Public water and sewer shall be used. 10. Applicant/owner proffers a maximum of 90,000 gross leas- able square feet of development. 11. The applicant agrees to submit for schematic plan approval all development plans for the entire property which is the subject of these proffers. Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. 87S101 In Midlothian Magisterial District, CHARLES KEBLUSEK requested amendment to Conditional Use (Case 785160) relative to location of dumpsters. This request lies in an Agricultural (A) Dis- trict on a 0.8 acre parcel fronting approximately 120 feet on the east line of Professional Road, approximately 325 feet north of Forest Hill Avenue. Tax Map 10-7 (10) S.D.T. Office Park, Lot 8 (Sheet 3). Mr. Jacobson stated the Planning Commission recommended approv- al of this request. Mr. Tom Cockrell, representing the applicant, stated the recommendation is acceptable. There was no opposition present. 87-783 ,,4k, ... On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved Case 87S101. Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. 875102 In Midlothian Magisterial District, CHESTERFIELD CHURCH OF THE BRETHREN requested amendment to Conditional Use Planned Deve- lopment (Case 785170) relative to access, utilities, and paving. A church is planned. This request lies in a Residen- tial (R-15) District on a 5.0 acre parcel fronting approxi- mately 400 feet on the west line of Coalfield Road, approxi- mately 320 feet north of Queensgate Road. Tax Map 25-15 (1) Parcel 1 (Sheet 7). Mr. Jacobson stated the Planning Commission recommended approv- al of this request, subject to certain conditions. Reverend James McKinnell stated the recommended conditions were acceptable. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved Case 875102, subject to the following recommended conditions: 1. The following conditions notwithstanding, the plan pre- pared by Crown Group, Inc., dated April 5, 1987, shall be considered the Master Plan. (P) 2. Prior to issuance of a building permit, forty-five (45) feet of right of way, measured from the centerline of Coalfield Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (T) 3. Additional pavement shall be installed along Coalfield Road to accommodate turn lane(s). At the time of site plan submission, a phasing plan for these improvements may be submitted to the Transportation Department for approv- al. (T) 4. There shall be a single access to Coalfield Road. The exact location of the access shall be approved by the Transportation Department at the time of site plan review. (T) (Note: This condition supersedes Condition 32 of Case 785170 for development of a church on the request property only.) 5. Any access from this parcel to adjacent parcels shall be approved by the Transportation Department at the time of site plan review. (T) 6. Within five (5) years of the date of approval of this request, all driveways and parking areas shall be paved, curbed, and guttered. Until such time that paving occurs, all driveways and parking areas shall be graveled with a minimum of six (6) inches of #21 or #21A stone and shall be delineated by a permanent means (i.e., timber curbs, etc.). (P&EE) 7. In conjunction with the approval of this request, the Planning Commission shall grant schematic plan approval of the Master Plan. (P) 8. Public sewer shall be used at such time it is within 100 feet of the property line. (CPC) 87-784 (Note: The Zoning and parking areas residentially zoned Ordinance requires that all driveways be screened from view of adjacent property.) Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. 875104 In Clover Hill Magisterial District, IRVIN G. HORNER requested rezoning from Agricultural (A) and General Business (B-3) to Community Business (B-2) and Light Industrial (M-1) with Conditional Use Planned Development. A commercial/industrial complex is planned. This request lies on a 46 acre parcel fronting approximately 950 feet on the north line of Hull Street Road, also fronting approximately 2,900 feet on Warbro Road, and located in the northeast quadrant of the intersection of these roads. Tax Map 48 (1) Part of Parcel 17 (Sheet 13). Mr. Jacobson stated the Planning Commission recommended approv- al of this request, subject to certain conditions and accept- ance of the applicant's proffered condition. Mr. Jim Hayes, representing the applicant, stated the recom- mended conditions were acceptable. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approv- ed Case 875104, subject to the following recommended condi- tions: 1. The following conditions notwithstanding, the plan pre- pared by J.K. Timmons and Associates, P.C., dated April 1, 1987, and the Textual Statement submitted with the appli- cation shall be considered the Master Plan. (P) 2. The entire property shall comply with the Corridor Overlay District requirements. (P) 3. Public water and sewer shall be used. (U) 4. The developer shall provide an accurate account of the drainage situation showing existing drainage and the impact this project will have on the site and surrounding area. If it is determined that the pipe under Warbro Road is inadequate to pass the design storm, a retention area capable of containing water shall be designed so that the existing pipe under Warbro Road does not have to be upgraded. (EE) 5. Concrete curb and gutter shall be installed along Route 360 and for the length of the B-2 zoning on Warbro Road. (EE) 6. Stub roads shall be provided to the adjacent property to the north. This condition may be modified by the Planning Commission at the time of schematic plan approval. (P) 7. Uses permitted within the Light Industrial (M-1) tract shall be limited to all Light Industrial (M-1) uses, plus the use exceptions listed in the Textual Statement, provided the use exceptions are not adjacent to residen- tially zoned property. (P) (Note: This condition is in addition to Condition 3, Tract 2, (M-1) CUPD of the Textual Statement.) 8. A 100 foot buffer shall be maintained along the perimeter of the Light Industrial (M-1) tract where adjacent to residentially or agriculturally zoned property to the northeast and east. No buildings, parking or other facil- ities shall be permitted within this buffer. Public roads 87-785 A. of►. and utilities may be permitted through these buffers upon approval by the Planning Commission at the time of sche- matic plan review. At the time of schematic plan review for each individual parcel or lot, which abuts the buffer, a conceptual landscaping plan shall be submitted for approval. This condition may be modified at the time of schematic plan review if adjacent property has been zoned for a similar use or if it is determined that adequate buffering can be accomplished in a lesser width. (P) (Note: This condition supersedes Condition 1 of Tract 2, (M-1) CUPD of the Textual Statement.) 9. Additional pavement, curb, and gutter shall be constructed along Route 360 for the entire property frontage. Addi- tional pavement shall be constructed along Warbro Road to provide turn lanes. In conjunction with first schematic plan submission, a phasing plan of these improvements may be submitted to and approved by the Transportation Depart- ment. (T) 10. Prior to the issuance of a building permit, thirty-five (35) feet of right of way measured from centerline of Warbro Road, shall be dedicated to and for the County of Chesterfield free and unrestricted. (T) And further, the Board accepted the following proffered condi- tion: This proposed development will not generate more than 10,000 vehicles per day. (Note: Prior to obtaining final site plan approval or any building permits, schematic plans must be submitted and approv- ed.) Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. 12. ADJOURNMENT On motion of Mr. Dodd, seconded by Mr. Mayes, the Board adjour- ned at 4:30 p.m. (EDST) until 12:00 Noon (EDST) on October 14, 1987. Ayes: Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel and Mr. Applegate. �2 ane B. Ramsey County Administrat Harry . Daniel Chairman