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01-23-2002 MinutesBOARD OF SUPERVISORS MINUTES January 23, 2002 Supervisors in Attendance= Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Mr. Steven Calabro, Dir., County Airport Dr. Carl Chafin, Asst. Supt. of Schools for Administration Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Mr. Paul D. Patten, Assessor Mr. Francis Pitaro, Dir., General Services Capt. Frank Spence, Jr., Sheriff's Office 02 -28 1/23/02 Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office Dr. Robert Wagenknecht, Dir., Libraries Mr. Warren called the regularly scheduled meeting to order at 3:49 p.m. APPROVAL OF MINUTES FOR OCTOBER 19, 2001 (REGIONAL SUMMIT) AND JANUARY 9, 2002 (REGULAR MEre. TING) On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of October 19, 2001, as amended. Ayes: Warren, Humphrey and McHale. Nays: None. Absent: Barber and Miller. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of January 9, 2002, as submitted. Ayes: Warren, Humphrey and McHale. Nays: None. Absent: Barber and Miller. Mr. Barber arrived at the meeting. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that Ms. Elko recently earned the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks. He congratulated her upon being the first Chesterfield County Clerk to achieve this designation. Mr. Miller arrived at the meeting. o Ms. Curtin presented an update on the status of the County's legislative program. She stated that the County's Charter Bill (House ]Bill 916) came out of the Counties, Cities and Towns subcommittee and will be recommended for approval to the full committee. She further stated that the legislative request for a study of Medicaid reimbursements was heard in the Senate Rules Committee, but no action has been taken at this time. She stated that a bill has been introduced relative to the conversion of 16 assisted living beds to private pay beds that hopefully will assist Lucy Corr's financial situation. She stated that the legislative proposal to give by-right placement of manufactured housing in any residentially zoned district (House Bill 1212) has not yet been assigned to a subcommittee of Counties, Cities and Towns, and indicated it is anticipated the bill will be heard in subcommittee next week. Discussion ensued relative to other localities who are taking a position in opposition to House Bill 1212. 02 -29 1/23/02 When asked, Ms. Curtin stated that House Bill 1299 relative to nonconforming uses of manufactured homes will also be heard in the subcommittee of Counties, Cities and Towns. Mrs. Humphrey requested that Ms. Curtin provide the Board with the text of House Bill 1299. She expressed concerns that House Bill 1299 might impact the manufactured home park ordinance adopted by the county on November 14, 2001. Ms. Curtin stated that the manufactured housing issue will be on the Capital Region Caucus agenda on January 28, 2002. Mrs. Humphrey suggested that someone from the county's Planning staff be present at the Capital Region Caucus meeting. Discussion ensued relative to a bill that would allow local governments to revert back to original zoning if no site plan has been approved after ten years. Ms. Curtin indicated she will research this. When asked, Ms. Curtin stated that a public hearing will not be held by the General Assembly relative to the manufactured housing issue. Mr. Warren noted that the Richmond Regional Planning District Commission, Virginia Association of Counties and Virginia Municipal League are all opposing the proposed manufactured housing legislation. Mr. Miller expressed concerns that the Richmond Homebuilders Association and Richmond Realtors are not taking a position opposing the proposed legislation. 3. BOARD COMMITTEE REPORT~ There were no Board committee reports at this time. REOUESTS TO POSTPONE ACTION. ADDITIONS, OR CHANGES THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board moved Item 8.B., Acceptance of a Bid to Purchase Chesterfield County General Obligation Public Improvement Bonds, Series 2002 to be heard prior to Item 5., Resolutions and Special Recognitions; and adopted the Agenda, as amended. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. ACCEPTANCE OF A BID TO PURCHASE C~mSTERFIELD COUNTy GENERAL OBLIGATION PUBLIC IMPROVEMmNT BONDS, SERIE~ 2002 Ms. Dickson stated that bids were received today on the sixth and final installment of bonds authorized in the 1996 Bond Referendum. She further stated that the sale represented $23,280,000 in General Obligation Bonds and will fund school projects and public safety projects. She stated that staff is requesting that the Board authorize the acceptance of the proposal from the lowest bidder, ABN AMRO Financial Services, 1/23/02 02-30 Incorporated, at a true interest cost of 4.43 percent. She noted that all three bond rating agencies have reaffirmed the county's Triple A Bond Rating. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the acceptance of a proposal from ABN AMRO Financial Services, Incorporated to purchase $23,280,000 principal amount of Chesterfield County General Obligation Public Improvement Bonds, Series 2002, with a true interest cost of 4.43 percent. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS o RECOGNIZING DR. ROBERT E. WAGEN~TECHT FQR HIS SERVICE TO CHESTERFIELD COUNTY PUBLIC LIBR~ Mr. Hammer introduced Dr. Wagenknecht who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Dr. Robert E. Wagenknecht became director of the Chesterfield County Public Library in May 1982, and established a mission statement which furthered bringing people and information together, and created library goals that would enable the Library to help people know more about themselves and their world, supplement formal study and encourage self- education, stimulate thoughtful participation in the affairs of the community, country and world, and support educational, civic and cultural activities within the community; and WHEREAS, Dr. Wagenknecht provided strong leadership throughout his tenure and acted as a champion of diversity; and WHEREAS, in 1985 Dr. Wagenknecht worked with Virginia Commonwealth University's Survey Research Laboratory to conduct a citizen survey to determine county citizens' perceptions of the library, identify user patterns and assess adequacy of materials and services; and WHEREAS, in 1986 as a result of the citizen survey, Dr. Wagenknecht oversaw the development of A Library Service Plan for Chesterfield County which outlined improvements to collections, library facilities and programs; and WHEREAS, during his nearly twenty years with Chesterfield County Public Library the Library's collection doubled in size and total items checked out more than tripled from just under 1 million items in 1982 to over 3.3 million in 2001; and WHEREAS, Dr. Wagenknecht more than doubled the library square footage from a central library and five branches with 59,800 square feet, to a central library, eight branches and a public law library with 153,600 square feet; and WHEREAS, Dr. Wagenknecht involved citizens in planning new facilities including developing a program in 1996 for a future community arts center in Chester; and WHEREAS, in 1996 in response to changing technology, Dr. Wagenknecht oversaw the development of An Information System Plan for the Chesterfield County Public Library and implemented the new information system, LINC, in October 1999; and 1/23/02 02 -31 WHEREAS, Dr. Wagenknecht accomplished these improvements in collections, facilities and technology while also bringing people and information together through library programs which fostered the love of reading, promoted life-long learning and provided opportunities for growth for all our citizens; and WHEREAS, these Library programs have been recognized both nationally and statewide and have won 12 NACo awards and six awards from the Virginia Public Library Directors Association; and WHEREAS, Dr. Wagenknecht demonstrated outstanding professional leadership in public librarianship serving as President or Chairman of the Virginia Public Library Directors Association, the Capital Area Library Directors, Chesterfield Historical Society of Virginia, Richmond Philharmonic, WCVE-FM Community Advisory Board, and the Public Library Directors Section of the Virginia Library Association, along with numerous other organizations; and WHEREAS, Dr. Wagenknecht exemplifies Thomas Jefferson's thoughts and feelings when he said, "No one more sincerely wishes the spread of information among mankind than I do, and none has greater confidence in its effect towards supporting free and good government"; and WHEREAS, as a result of Dr. Wagenknecht's leadership the Chesterfield County Public Library will continue to enrich and enhance the quality of life for the citizens of the Chesterfield County Community in years to come. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Dr. Robert E. Wagenknecht for nearly 20 years of service to the county and offers congratulations upon his retirement and best wishes for the future. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Dr. Wagenknecht and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution to Dr. Wagenknecht, accompanied by his wife, expressed appreciation for his service to the county, and congratulated him upon his retirement. Dr. Wagenknecht expressed appreciation to the Board for the opportunity to serve the county and also for the support of the Board, administration and his outstanding staff during his tenure. Ms. Mary Ann Harmon, Chairman of the Friends of the Library read a resolution adopted by the Friends commending Dr. Wagenknecht for his remarkable achievements. (It is noted the resolution adopted by Friends of the Library was presented to Dr. Wagenknecht by Ms. Kathryn Geranios, accompanied by Mr. Sam Nixon.) 1/23/02 02 -32 6. WORK SESSIONS 6.A. RAYON PARK FAILING SEPTIC SYSTEM~ Mr. Stylian Parthemos, Senior Assistant County Attorney, presented results of a survey distributed to Rayon Park Residents providing two options to address failing septic systems in the subdivision. He stated that responses to both of the options were approximately' the same -- 40 percent supporting either a limited or large assessment district; 40 percent opposing; and 20 percent not responding. He further stated that, in light of the lack of overall support for either of the options, staff is recommending that the Board not set a public hearing date at this time 15o consider either of the options. He stated that staff has indicated to Rayon Park citizens that additional options for assessment districts could be considered if support can be generated. Discussion ensued relative to the cost that Rayon Park residents would incur if an assessment district were approved. Dr. Nelson reviewed the Health Department's process for enforcing the repair of septic system failures. Mr. Ramsey stated that two of the eight failing systems that have been identified would qualify for Community Development Block Grant funding and staff will assist these residents with applying for the funding. Mr. McHale stated that staff will continue to work with the Rayon Park residents if they still want to pursue an assessment district. Mr. Miller recognized Mr. Lonnie McCoy and Mr. Paul Patten, residents of Rayon Park who were present at the meeting and provided them with the opportunity 'to speak to the Board. Mr. McCoy expressed concerns that the residents did not understand the survey and were unaware that they would not have a connection fee in addition to the $3,000 assessment district fee. He requested that the Board allow an additional 30 days for he and Mr. Patten to provide further explanation of the options to the residents. Mr. Patten stated that the $3,000 fee per 50 foot lot affected property owners who did not have a ihome on their property. Mr. McHale stated that, unless Dr. Nelson indicates there is a public health emergency, he would support an additional thirty days to give Mr. McCoy and Mr. Patten an opportunity to further discuss the issue with the residents. Dr. Nelson stated that enforcement action has already begun in one case and a complaint is being investigated in another. He further stated that he would prefer to begin the preliminary phases of enforcement to ensure that the failing septic systems are repaired. Mr. Ramsey stated that staff will coordinate with Mr. McCoy and Mr. Patten to resurvey if that is tlhe community's desire. 6,B, pROPOSED FY2003 - 2008 CAPITAiL IMPRQVEMENT pROGRAM Mr. Jay Payne, Budget Manager, presented the proposed Capital Improvement Program (CIP) for FY2003-2008. He stated that the CIP proposes projects to be included in a referendum 02-33 Z/23/02 tentatively planned for Fall 2004; adheres to establish debt and financial management polices; and continues a trend of decreased reliance on long-term financing for capital projects. He reviewed reliance on debt funding and stated that the ratio is projected to be well below 8.5 percent by 2008. He then reviewed the individual components of the CIP totaling $572,752,000, a 5.5 percent increase over the adopted CIP. He reviewed revenues by major category and noted that cash proffers continue to grow as a source of funding in the CIP. He then reviewed proposed county CIP expenditures and stated that they are fairly conservative due to economic uncertainty. He reviewed proposed projects included in the CIP by category. He then provided an overview of the proposed schools CIP totaling $271,772,700. Discussion ensued relative to the proposed expenditures for school specialty centers, field houses for Monacan and Midlothian High Schools and classroom additions. Mrs. Humphrey expressed concerns that the Matoaca District desperately needs a middle school. Dr. Chafin stated that the $500,000 proposed for Clover Hill High School will address such improvements as interior lighting, exterior lighting and hardware in bathrooms. Mr. Ramsey stated that the Board has been presented with the County Administrator's recommended CIP and indicated that staff will meet with Board members individually to provide further details if necessary. Mr. Barber questioned the possibility of adding road projects in the proposed 2004 referendum. Mr. Ramsey stated that if the Board desires to build road projects into the CIP, there is room in the county's debt capacity to add on additional debt, but indicated that it has been staff's recommendation for a number of years to reduce the county's dependence on debt as growth has slowed. He further stated that, assuming the current tax rate, additional debt would impact the county's operating costs. When asked, Mr. Ramsey stated that there is capacity in the county's ability to issue debt beyond what is proposed in the referendum summary. Mr. Barber expressed concerns that the county's road network does not satisfy constituents' needs and the state has not lessened the county's burden. Mr. Miller stated that he feels all Board members share Mr. Barber's concerns relative to roads and staff should continue to look for solutions. Mr. Warren stated that he feels new development must pay its own way and expressed concerns that the Board is still dealing with cases that are exempt from cash proffers. Mr. Miller stated that he feels the Board needs additional time when meeting with the county's legislative delegation so that all concerns can be fully expressed. Mrs. Humphrey stated that she feels it is the state's responsibility to provide funding for the county's road needs. 7. DEFERRED ITEMS There were no deferred items at this time. z/ 3/o2 02-34 8. NEW BUSINESS 8. A. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Barber, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Keep Chesterfield Clean Advisory Board. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. o KEEP CHESTERFIELD CLEAN ADVI~0RY BQARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed/reappointed Ms. Joan Cole, representing the Bermuda District, Ms. Louise Summey, representing the Midlothian District, Ms. Henrietta Yaworsky, representing the Dale District, Ms. Pat Roble, representing the Clover Hill District, and Ms. Mary .Clair Thomas, representing the Matoaca District, to serve on tlhe Keep Chesterfield Clean Advisory Board, whose terms are effective February 1, 2002 and expire January 31, 2003. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. CONSIDERATIQN 0NAN EMERGENCY BASIS OF AN AMENDMENT TO THE COUNTY'S LAND USE TAXATION ORDINANCE TO EXTEND THE APPLICATION DEADLINE Mr. Micas stated that many property transactions occur at the end of the calendar year. He further stated that the proposed ordinance would assist residents who purchase property at the end of the calendar year with meeting the deadline to file for land use taxation. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance on .an emergency basis: AN ORDINANCE TO AMEND THE CQDE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 9-18 RELATING TO LAND USE TAXATION APPLICATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-18 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 9-18. Applications--Required. (a) The owner of any real estate meeting the criteria set forth in Code of Virginia, §§ 58.1-21230 and 58.1-3233(2), may, at least 60 days preceding the tax year for which such taxation is sought, apply to the county assessor for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the 02-35 1/23/02 procedures set forth in Code of Virginia, § 58.1-3236, provided that in any year in which a general reassessment is being made the property owner may submit such application until the later of 30 days have elapsed after his notice of increase in assessment is mailed in accordance with the Code of Virginia, § 58.1-3330, or 60 days preceding the tax year. The application shall be on forms provided by the state department of taxation and supplied by the county assessor and shall include such additional schedules, photographs and drawings as may be required by the county assessor. An application fee of $10.00 shall accompany each application. In addition, an application may be filed within no more than sixty days after the filing deadline specified herein upon payment of a late filing fee of $25.00. Further, an application may be filed not later than thirty days after notices of assessments are mailed upon payment of a further extension fee of $25.00. (b) A separate application shall be filed for each parcel on the land book. o o o (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board set the date of February 13, 2002 for a public hearing to readopt the emergency ordinance. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D. CONSENT ITEMS 8.D.1. TRANSFER OF CAPITAL IMPROVEmeNT RESERVE FOR SCHOOL CONSTRUCTION TO BAILEY BRIDGE MIDDLE SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $134,000 from the Capital Improvement Reserve for School Construction to the Baily Bridge Middle School Project for the design contract. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.2. SET DATES FOR PUBLIC HKARIN~ 8 .D.2 .a. TO CONSIDER REVISIONS TO THE ZONING ORDINANCE SITE PLAN REVIEW PROCESSES AND ASSOCIATED APPEALS On motion of Mr. McHale, seconded by Mr. Warren, the Board :set the date of February 13, 2002 at 7:00 p.m. for a public hearing to consider revisions to the zoning ordinance site plan review processes and associated appeals processes. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-36 01/23/02 TO CONSIDER THE SITING OF A SOLID WASTE MANA~E~KNT FACILITY, AS WELL AS APPROVAL FOR WASTE MATERIA?. MANAGEMENT AND DISPOSAL, FOR THE PROPOSED EXPAN~ION OF THE TAYLOR ROAD ¢ONSTRUCTION AND DEMOLITION DEBRIS LANDFILL OWNED BY S. B. COX, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of February 13, 2002 at 7:00 p.m. for a public hearing to consider the siting of a solid waste management facility, as well as approval for the waste material management and disposal, for the proposed expansion of the Taylor Road construction and demolition debris landfill owned by S. B. Cox, Incorporated. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.3. REOUEST TO OUITCLAIM A SIXTEEN FOOT SEWER EASEMENT ACROSS PROPERTY OF RUDOLPH, INCORPORATED AND ALICE RUDOLPH T/A RUDOLPH CONSTRUCTION CQMPANY On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate a 16 foot sewer easement across property of Rudolph, Incorporated and Alice M. Rudolph t/a Rudolph Construction Company. (It is noted a copy of the plat is filed, with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.4. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. T¥i~ Ch;nas to the Secondary System of Stats Hi=hwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 ~.ddition 02-37 01/23/02 Project: Amstel Bluff, Section E Highcrest Ridge Drive, State Route Number: 4552 From: Sandrock Ridge Dr., ( Rt. 4482) To: Swiftrock Ridge Dr., ( Rt. 4553), a distance of: 0.14 miles. Right-of-way record was filed on 10/12/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 50, with a width of 50 Ft. Sandrock Ridge Drive, State Route Number: 4482 From: Amstel Bluff Wy., ( Rt. 3015) To: Highcrest Ridge Dr., ( Rt. 4552), a distance of: 0.23 miles. Right-of-way record was filed on 10/12/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 50, with a width of 50 Ft. From: To: Sandrock Ridge Drive, State Route Number: 4482 Highcrest Ridge Dr., ( Rt. 4552) Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 10/12/1999 with the Office Of Clerk To Circuit Court in Pb. 107; Pg. 50, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirement~ of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chanae to the Secondary System of State Hiahwav$: Basle for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Providence Creek, Section E Additiorl · Creek Bottom Court, State Route Number: 4583 From: Creek Bottom Wy., ( Rt. 4582) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 40 Ft. 02-38 01/23/02 · Creek Bottom Way, State Route Number: 4582 From: W. Providence Rd., ( Rt. 678) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 50 Ft. · Creek Bottom Way, State Route Number: 4582 From: W. Providence Rd., ( Rt. 678) To: Creek Bottom Ct., ( Rt. 4583), a distance of: 0.07 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 50 Ft. · Creek Bottom Way, State Route Number: 4582 From: Creek Bottom Ct., ( Rt. 45~3) To: 0.08 Mi. NW of Creek Bottom Ct., ( Rt. 4583), a distance of: 0.08 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 50 Ft. · Providence Creek Circle, State Route Number: 4581 From: Providence Creek Rd., ( Rt. 4685) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 40 Ft. · Providence Creek Circle, State Route Number: 4581 From: Providence Creek Rd., ( Rt. 4685) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 40 Ft. · Providence Creek Road, State Route Number: 4685 From: Providence Creek TI., ( Rt. 4681) To: Providence Creek Ct., ( Rt. 4581), a distance of: C.10 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Cirouit Court in Pb. 92; Pg. 70, with a width of 50 Ft. · Providence Glen Turn, State Route Number: 4584 From: W. Providence Rd., ( Rt. 678) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 40 Ft. · West Providence Road, State Route Number: 678 From: Providence Creek TI., ( Rt. 4661) To: Creek Bottom Wy., ( Rt. 4582), a distance of: 0.05 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Cirouit Court in Pb. 92; Pg. 70, with a width of 50 Ft. · West Providence Road, State Route Number: 678 From: Creek Bottom Wy., ( Rt. 4582) To: Providence Glen Tn., ( Rt. 4584), a distance of: 0.05 miles. 02-39 01/23/02 Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 50 Ft. · West Providence Road, State Route Number: 678 From: Providence Glen Tn., ( Rt. 4584) To: 0.02 Mi. W of Providence Glen Tn., ( Rt. 4584), a distance of: 0.02 miles. Right-of-way record was filed on 12/6/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 70, with a width of 50 Ft. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.5. ACCEPTANCE AND APPROPRIATION OF JUVENILR ACCOUNTABILITY BLOCK GRANT FUNDS FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized Human Services Administration to receive $46,919 in Juvenile Accountability Block Grant (JAIBG) funds from the Department of Criminal Justice Services, and authorized an increase in appropriations by $46,919. (It is noted the grant requires a $5,213 local match which has been identified from Virginia Juvenile Community Crime Control Act (VJCCCA) funds.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.6. APPROVAL OF PURCHASES OF PARCELS OF LAND 8.D.6.a. FOR REAMS ROAD FIRE STATION On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the purchase of a parcel of land containing 4.8 acres, more or less, for $100,000 from Cheryl G. Binford, for Fire Station Number 20, and authorized the County Administrator to execute the sales contract and deed. And, further, the Board initiated an application for Conditional Use to permit a fire station on parcels 745701118800000 and 745702561200000, and appointed Battalion Chief Mike Hatton as the Board's agent for the Conditional Use application. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.6.b. FOR RIVER'S BEND FIRE STATION #18 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the purchase of a parcel of land containing 4.022 acres, more or less, for $400,000, from Meadowville, LLC, for River's Bend Fire Station, Number 18, and authorized the County Administrator to execute the sales contract and deed. And, further, the Board declared parcel 815653188800000 surplus and offered the property for sale; initiated an application to rezone parcel 820651606400000 to 0-2; and appointed Battalion Chief Mike Hatton as the Board's agent for the rezoning application. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-40 01/23/02 8.D.7. AMENDMENT TQ THE BQARD MINUTES OF DECEMBER 19, 2001 On motion of Mr. McHale, seconded by Mr. Warren, the Board amended the minutes of December 19, 2001 by adding the following language prior to the vote for Item 8.C.2., State Road Acceptancc: "And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office ,of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer ~for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Vir~iinia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tv~e Chancre to the Secondary System of State Hl¢]hwave: .Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.t-229 Project: Whitley Manor, Sec. 2 @ The Highlands · Baniff Drive, State Route Number: 5288 From: Whitley Manor Dr., ( Rt. 5267) To: Hadden Hall Dr., ( Rt. 5283), a distance of: 0.11 miles. Right-of-way record was filed on 6/31/2000 with the Office Of Clerk To Circuit Court in Pb. 112; P§.55, with a width of 50 Ft. · Hadden Hall Drive, State Route Number: 5283 From: .04 Mi. E of Hadden Hall Ct., ( Rt. 5284) To: Baniff Dr., ( Rt. 5288), a distance of: 0.06 miles. Right-of-way record was filed on ~/31/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg.55, with a w~dth of 50 Ft. · Hadden Hall Drive, State Route Number: 5283 From: Baniff Dr., ( Rt. 5288)' To: Cul-de-sac, a distance of: 0.21 miles. Right-of-way record was filed on ~/31/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg.55, ~th a width of 50 Ft. · Highland Glen Drive, State Route Number: 5t60 From: .06 Mi. E. of Hadden Hall Dr., ( Rt. 5283) To: Whitley Manor Dr., ( Rt. 5287), a distance of: 0.06 miles. 02-41 01/23/02 Right-of-way record was filed on 8/31/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg.55, with a width of 70 Ft. · Highland Glen Drive, State Route Number: 5160 From: Whitley Manor Dr., ( Rt. 5287) To: .10 Mi. E of Whitley Manor Dr., ( Rt. 5287), a distance of: 0.10 miles. Right-of-way record was filed on 8/31/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg.55, with a width of 70 Ft. · Whitley Manor Drive, State Route Number: 5287 From: Highland Glen Dr., ( Rt. 5160) To: Baniff Dr., ( Rt. 5288), a distance of: 0.13 miles. Right-of-way record was filed on 8/31/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg.55, with a width of 50 Ft. · Whitley Manor Drive, State Route Number: 5287 From: Baniff Dr., ( Rt. 5288) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 8/31/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg.55, with a width of 50 Ft." Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORT~ On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH BAYHILL POINTE. SECTION lQ (Effective 12/14/01) Hillcreek Drive (Route 5016) - From 0.02 Mile North of Point Trace Court (Route 4494) to Sunset Point Court (Route 4546) Hillcreek Drive (Route 5016) - From Sunset Point Court (Route 4546) to 0.06 Mile East of Sunset Point Court (Route 4546) Sunset Point Court (Route 4546) - From Hillcreek Drive (Route 5016) to Cul-de-sac 0.11 Mi 0.06 Mi 0.06 Mi 02-42 01/23/02 BAYHILL POINTE, SECTION 9 (Effective 12/14/01) Battlecreek Drive (Route 5013) - From 0.28 Mile Southeast of Bay Knolls Trail (Route 5014) to Hillcreek Drive (Route 5016) Battlecreek Drive (Route 5013) - From Hillcreek Drive (Route 5016) to 0.03 Mile Southeast of Hillcreek Drive (Route 5016) Baymill Court (Route 4493) - From Hillcreek Drive (Route 5016) to 0.03 Mile East of Hillcreek Drive (Route 5016) Hillcreek Drive (Route 5016) - From Baymill Court (Route 4493) to Point Trace Court (Route 4494) Hillcreek Drive (Route 5016) - From Longfellow Drive (Route 5067) to Baymill Court (Route 4493) Hillcreek Drive (Route 5016) From Point Trace Court (Route 4494) to 0,02 Mile North of Point Trace Court (Route 4494) Hillcreek Drive (Route 5016) - From Battlecreek Drive (Route 5013) to Longfellow Drive (Route 5067) Longfellow Drive (Route 5067) - From 0.04 Mile Southeast of Point Placid Drive (Route 5064) to Hillcreek Drive (Route 5016) Longfellow Drive (Route 5067) - From Hillcreek Drive (Route 5016) to 0.02 Mile Southeast of Hillcreek Drive (Route 5016) Point Trace Court (Route 4494) - From Hillcreek Drive (Route 5016) to Cul-de-sac BENSLEY COMMONS BOULEVARD @ PARK LEE APARTMENTS (Effective 12/7/01) Bensley Commons Boulevard (Route 4532) - From Jefferson Davis Highway (Route 1/301) to 0.19 Mile West of Jefferson Davis Highway (Route 1/301) COMMONWEALTH CENTRE PARKWAY, FINAL PHASE (Effective 12/14/01) Commonwealth Centre Parkway (Route 754) - From 0.74 Mile East of Hull Street Road (Route 360) to 1.02 Mile East of Hull Street Road (Route 360) QR~ENSIDE, SECTION 2 @ RIVERS BEND (Effective 12/21/01) Green Garden Circle (Route 5267) - From 0.02 Mile East of Green Garden Way (Route 4843) to Green Garden Terrace (Route 5292) Green Garden Circle (Route 5267) - From Green Garden Terrace (Route 5292) to Green Garden Court (Route 5293) Green Garden Circle (Route 5267) - From Green Garden Place (Route 5294) to Green Garden Place (Route 5294) 0.14 Mi 0.03 Mi O.O3 Mi 0.11 Mi 0.O8 Mi 0.02 Mi 0.04 Mi 0.06 Mi 0.02 Mi 0.04 Mi 0.19 Mi 0.28 Mi 0.07 Mi 0.07 Mi 0.02 Mi 02-43 01/23/02 Green Garden Circle (Route 5267) - From Green Garden Court (Route 5293) to Green Garden Place (Route 5294) Green Garden Circle (Route 5267) - From Green Garden Terrace (Route 5292) to Green Garden Terrace (Route 5292) Green Garden Circle (Route 5267) - From Green Garden Place (Route 5294) to 0.01 Mile South of Greenside Drive (Route 5266) Green Garden Court (Route 5293) - From Green Garden Circle (Route 5267) to Cul-de-sac Green Garden Place (Route 5294) - From Green Garden Circle (Route 5267) to Green Garden Circle (Route 5267) Green Garden Terrace (Route 5292) - From Green Garden Circle (Route 5267) to Green Garden Circle (Route 5267) HENRICUS GREEN (Effective 12/21/01) China Cat Terrace (Route 4544) - From Osborne Road (Route 616) to Cul-de-sac JACOBS GLENN, SECTION D (Effective 12/7/01) Andrews Ridge Drive (Route 4469) - From Cindiwood Drive (Route 4429) to Cul-de-sac Cindiwood Drive (Route 4426) - From Cindiwood Terrace (Route 4434) to Andrews Ridge Drive (Route 4469) Cindiwood Drive (Route 4426) - From 0.03 Mile South of Jacobs Bend Drive (Route 4420) to Phildavid Court (Route 4433) Cindiwood Drive (Route 4426) - From Phildavid Court (Route 4433) to Cindiwood Terrace (Route 4434) Cindiwood Terrace (Route 4434) - From Cindiwood Drive (Route 4429) to Cul-de-sac Phildavid Court (Route 4433) - From Cindiwood Drive (Route 4429) to Cul-de-sac JESSUP MEADOWS, SECTION C (Effective 12/7/01) Zion Ridge Terrace (Route 5277) - From Zion Ridge Drive (Route 5275) to Cul-de-sac PLAYERS COURT @ RIVERS BEND (Effective 12/21/01) Player Court (Route 4499) - From Player Lane (Route 4498) to Cul-de-sac Player Court (Route 4499) - From Player Lane (Route 4498) to Cul-de-sac Player Lane (Route 4498) - From 0.06 Mile North of Middlecoff Drive (Route 4838) to Player Court (Route 4499) 02-44 0.08 Mi 0.02 Mi 0.09 Mi 0.03 Mi 0.06 Mi 0.06 Mi 0.14 Mi 0.06 Mi 0.07 Mi O.04 Mi 0.07 Mi 0.05 Mi 0.06 Mi 0.18 Mi O.O6 Mi O.O5 Mi 0.02 Mi 01/23/02 Player Lane (Route 4498) - From Middlecoff Drive (Route 4838) to 0.06 Mile North of Middlecoff Drive (Route 4838) RIVER HILLS @ RIVERS BEND (Effective 12/21/01) Middlecoff Drive (Route 4838) - From 0.08 Mile West of Sarazen Lane (Route 4837) to Cul-de-sac SAINT JAMES WOODS. SECTION G (Effective 12/18/01) Duxbury Court (Route 6068) - From Explorer Drive (Route 3998) to Cul-de-sac Duxbury Place (Route 6067) - From Explorer Drive (Route 3998) to Cul-de-sac Explorer Court (Route 6065) - From Explorer Drive (Route 3998) to 0.02 Mile West of Explorer Drive (Route 3998) Explorer Drive (Route 3998) - From Explorer Court (Route 6065) to Duxbury Court (Route 6068) Explorer Drive (Route 3998) - From Duxbury Court (Route 6068) to Nevis Drive (Route 6069) Explorer Drive (Route 3998) - From Lucks Lane (Route 720) to Explorer Court (Route 6065) Explorer Terrace (Route 6066) - From Explorer Drive (Route 3998) to 0.02 Mile East of Explorer Drive (Route 3998) Nevis Drive (Route 6069) - From Explorer Drive (Route 3998) to 0.02 Mile West of Explorer Drive (Route 3998) Nevis Drive (Route 6069) - From Explorer Drive (Route 3998) to Cul-de-sac Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 0.O6 Mi 0.32 Mi 0.12 Mi 0.08 Mi 0.02 Mi 0.06 Mi 0.07 Mi 0.03 Mi 0.02 Mi 0.02 Mi 0.16 Mi ll. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: 12. INVOCATION Reverend Marjorie S. Bevans, Assistant Rector Michael's Episcopal Church, gave the invocation. of Saint 02-45 01/23/02 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES Firefighter John Sayers sang the National Anthem and also led the Pledge of Allegiance to the flag of the United States of America. On motion of Mr. Warren, seconded by Mr. McHale, the Board suspended its rules at this time to add Item 13.A., Adoption of Resolution Recognizing Bishop Gerald O. Glenn on the Occasion of His Thirtieth Anniversary in Ministry to the Agenda. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 13 .A. ADOPTION OF RESOLUTION RECOGNIZING BISHOP GERAT.n O. GLENN UPON THE OCCASION OF HIS THIRTIETH ANNIVERSARY IN MINISTRY On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, Bishop Gerald O. Glenn was licensed to preach ministry on January 17, 1972 at Saints Home Church of God in Christ in Buffalo, New York; and WHEREAS, Bishop Glenn was ordained an Elder in August 1977; and WHEREAS, Bishop Glenn served as Assistant Pastor at the Prayer Room Church of God in Christ in Batavia, New York; and WHEREAS, Bishop Glenn studied theology at Houghton Bible College and Daemen University; and WHEREAS, Bishop Glenn served in ministry in Portsmouth, Virginia; Dallas, Texas; Temple, Texas; and Richmond, Virginia; and WHEREAS, in 1989, Bishop Glenn became Pastor of the First Union Baptist Church at Warwick Road and Midlothian Turnpike; and WHEREAS, in 1995, Bishop Glenn became Pastor of the New Deliverance Evangelistic Church; and WHEREAS, in 1998, the New Deliverance Evangelistic Church located in a beautiful new church on Turner Road in Chesterfield County; and WHEREAS, Bishop Glenn is a charter member of the Richmond Interfaith Sponsoring Committee; the New Deliverance Fellowship Conference; and the Coalition to Ensure Racial Diversity; and WHEREAS, Bishop Glenn was named a Bishop on April 29, 2000; and WHEREAS, Bishop Glenn also has an active ministry on local radio and television stations; and WHEREAS, Bishop Glenn was asked by Governor Mark Warner to deliver the prayer during the Gubernatorial Inauguration; and WHEREAS, Bishop Glenn played an important role in the highly successful Chesterfield County Confederate Proclamation 02-46 01/23/02 dialogues, which earned a Virginia Municipal League President's Award as an outstanding program to increase understanding among various parties; and WHEREAS, Bishop Glenn has served as a Chesterfield County Police Chaplain. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the extraordinary leadership of Bishop Gerald O. Glenn, expresses its appreciation for his years of service and ministry to Chesterfield County citizens, and wishes him continued success in ministry. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. (It is noted the resolution will be presented to Bishop Glenn at a celebration in his honor on February 2, 2002.) 14. RESOLUTIONS AND SPECIA~ RECOGNITIQNS There were no resolutions or special recognitions at this time. 15. REOUESTS FOR MOBILE HO~ PER~ITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CA~ES W~ERE THE APPLICANT DOES NOT ACCEPT THE RE~QMMENDATIONAND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 01SN0149 In Bermuda Magisterial District, MILLER OIL COMPANY, INC. requests amendment to Conditional Use Planned Development (Case 97SN0150) and amendment of zoning district map relative to the hours of operation for a convenience/combination store. Specifically, twenty-four (24) hour operation is proposed. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood commercial use. This request lies on 2.14 acres fronting approximately 450 feet on the north line of West Hundred Road, also fronting approximately 210 feet on the west line of Rock Hill Road and is located in the northwest quadrant of the intersection of these roads. Tax ID 797-655-3409 (Sheet 26). Mr. Jacobson stated that the applicant has requested a deferral until July 24, 2002. Mr. LaVerne Cole, representing the applicant, requested a deferral until July 24, 2002. No one came forward to speak to the deferral. On motion of Mr. McHale, seconded by Mr. Barber, the Board deferred Case 01SN0149 until July 24, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-47 01/23/02 02SN0150 In Midlothian Magisterial District, PUTT-PUTT GOLF COURSE OF RICHMOND requests Conditional Use, Conditional Use Planned Development and amendment of zoning district map to permit outdoor recreational uses and exceptions to Zoning Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. This request lies in a General Business (C-5) District on 2.9 acres fronting approximately 200 feet on the south line of Midlothian Turnpike, approximately 460 feet west of Ruthers Road. Tax ID 760-705-7290 and 7580 (Sheet 7). Mr. Jacobson presented a summary of Case 02SN0150 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Mr. Gary Henshaw, representing the applicant, stated that the recommendation is acceptable. Discussion ensued relative to operating hours of the proposed go-cart track. Mr. Loc Pfeiffer, President of the Gateway Association, stated that the association's concerns relative to noise have been addressed by the applicant. He urged the Board to approve the request. There being no one else to speak to the request, the public hearing was closed. After brief discussion, on motion of Mr. Barber, seconded by Mr. Warren, the Board approved Case 02SN0150 and accepted the following proffered conditions: Uses. Outdoor commercial recreational establishments and other similar outdoor recreational uses to include, but not necessarily limited to, Putt-Putt golf courses, bumper boats, batting cages and go-cart tracks, shall be permitted on the property. (p) Hours. Go-cart uses only shall not be open to the public between 11:00 PM and 9:00 AM Sundays through Thursdays and between 12:00 midnight and 9:00 AM Fridays, Saturdays, and the day before Memorial Day, Independence Day, and Labor Day Holidays. (P) Noise, The uses shall be designed and operated so as not to generate noise levels above 65 dBa, as measured at the northern boundary of the Providence Green Subdivision, between the hour of 9:00 AM and 10:00 PM and 56 dBa at other times. At the time of the site plan review, information shall be submitted to the Planning Department for their review and approval to confirm compliance with this condition. (p) Number of Parking Spaces. In conjunction with the approval of this request, a five (5) space exception to the 147 space parking requirement shall be granted. (P) Ayes: Miller, Warren, Barber, McHale and Humphrey. Nays: None. 02-48 01/23/02 02SN0154 In Matoaca Magisterial District, S. B. COX, INC. requests amendment to Conditional Use (Case 92SN0189) and amendment of zoning district map relative to the approved Master Plan and the grinding, crushing and mulching of debris for an approved construction/demolition/debris landfill. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation area. This request lies in an Agricultural (A) District on 254.7 acres fronting approximately 2,200 feet on the north line of River Road, measured from a point approximately 950 feet west of Taylor Road, also fronting approximately 1,420 feet on the west line of Taylor Road measured from a point approximately 1,000 feet south of Hembrick Road. Tax IDs 697-642-2283, 697-643-9390, 697-645-9327 and 698-644-0666 (Sheet 30). Mr. Jacobson presented a summary of Case 02SN0154 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered condition. Mr. Oliver "Skitch" Rudy, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 02SN0154 subject to the following conditions: The document entitled, Amendment of Conditional Use #92SN0189, prepared by Joyce Engineering, Inc. and dated October 2001, shall be considered the Master Plan, except as may be modified through siting approval. (P). (Notes: A. The exact methods of cell design, as well as groundwater monitoring design, location and construction will be approved through Chesterfield County's site plan review process and the Department of Environmental Quality's review of the Part B Permit Application. This condition supersedes Condition 1 of Case 92SN0189.) In addition to a construction/demolition/debris landfill and one (1) residence located on Tax ID 697-645-9327, a grinding, mulching and crushing operation for stumps and land clearing, and concrete debris shall be permitted provided that: such operations are set back a minimum of 600 feet from property lines and; bo there is no sale, or offering for sale, of such processed materials. (P) (Notes: This condition supersedes Condition 4 of Case 92SN0189. Bo Such operations will also be subject to Condition 3 of Case 92SN0189 with respect to noise controls.) 02-49 01/23/02 And, further, the Board accepted the following proffered condition: Within 180 days of submitting the application for siting approval of this solid waste management facility, a plan for monitoring the water quality in a section of the intermittent East Robinson Creek that traverses the facility property, or in the vicinity of the property, shall be submitted to County Department of Environmental Engineering (CDEE) for review and written approval. The purpose of monitoring East Robinsons Creek shall be to establish baseline water quality in the Creek and to monitor for water quality degradation resulting from expansion of the facility. The plan will, at a minimum, address: a. The number and location of monitoring point; b. The frequency of sampling; c. The parameters to be analyzed; The sampling methodology (i.e., chemical water quality monitoring for intermittent sections; bioassessment and/or chemical water quality monitoring for perennial sections); and An action plan to determine measures, if any, to be implemented to address water quality degradation attributable to the development and operation of the solid waste management facility. (EE) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. In Matoaca Magisterial District, CHESTERFIELD COUNTY UTILITIES DEPARTMENT requests Conditional Use and amendment of zoning district map to permit an above-ground utility structure (wastewater pump station) in a Residential (R-9) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots. This request lies on 4.3 acres lying approximately 400 feet off the east line of Bailey Bridge Road, measured from a point at its intersection with Route 288, also fronting approximately 115 feet on the south line of Route 288. Tax ID 738-672-Part of 8092 (Sheet 16). Mr. Jacobson presented a summary of Case 02SN0155 and stated that the Planning Commission and staff recommend approval subject to conditions. Mr. John Harmon, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 02SN0155 subject to the following conditions: The building(s) on the property shall be compatible in architectural style and materials to the design shown on the Exhibit. The majority of the material used on the building(s) shall be split-face CMU (or similar material) with a standing seam metal roof. Colors shall be compatible with those used for the adjacent Bailey Bridge Middle School. (p) 02-50 01/23/02 Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust or tracking problems and to provide ease of ingress and egress. (p) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16. PUBLIC HEARINGS O TO CONSIDER READOPTION OF AN ORDINANCE EXTENDIN~ THE PERIOD OF LEAF BURNIN~ Battalion Chief Mike Hatton stated that this date and time has been advertised for the Board to readopt an ordinance which was adopted on an emergency basis on December 19, 2001 extending the period of leaf burning. Mr. George Beadles, a Clover Hill District resident, expressed concerns that citizens with health problems are affected by leaf burning and stated that he feels the Board should consider reducing the areas where leaf burning is permitted or prohibiting leaf burning in the county altogether. There being no one else to speak to the ordinance, the public hearing was closed. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board readopted the following ordinance: AN ORDINANCE TO AMEND THE ~ COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 11-41 RELATING TO BURNING OF LEAVES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (i) That Section 11-41 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 11-41. Leaf burning dates and times. (a) No person in the county may burn leaves from trees on property where they reside, except: from March 15 to April 15 from 4:00 p.m. to midnight Monday through Thursday and from November 15 to December 15 from 8:00 a.m. on Monday to noon on Friday; provided, however, that leaf burning shall be permitted from December 19, 2001 through January 18, 2002. o o o (2) That this ordinance shall become effective immediately upon adoption. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 17. R__~AINING MOBILE HOME pERMITS AND ZONING REOUESTS 02SN0108 In Matoaca Magisterial District, JPI CAMPUS QUARTERS requests rezoning and amendment of zoning district map from Agricultural (A) to Residential Multi-family (R-MF) with Conditional Use Planned Development for exceptions to Ordinance requirements. Residential use of up to 10 units per acre is permitted in a 02-51 01/23/02 Residential Multi-family (R-MF) District. The Comprehensive Plan suggests the property is appropriate for planned transition use. This request lies on 14.3 acres fronting approximately 670 feet on the east line of Hickory Road, also fronting approximately 525 feet on the north line of Woodpecker Road and is located in the northeast quadrant of the intersection of these roads. Tax IDs 792-613-9415, 793-612- 1497 and 793-613-4553 and 5939 (Sheet 45). Ms. Beverly Rogers presented a summary of Case 02SN0108 and stated that staff recommends approval subject to one condition and acceptance of the proffered conditions. She noted that the request conforms to the Ettrick Village Plan which suggests the property is appropriate for plan transitional uses including residential development having a density of seven to ten units per acre. She stated that the proffered conditions mitigate the impact on capital facilities. She further stated that the Planning Commission recommended approval and that the proffered conditions not be accepted, but rather that 14 conditions be imposed and that the case only be approved if the applicant agreed to address the impact on capital facilities. She stated that the Planning Commission expressed concerns relative to the proposed density and the number of potential residents; the existence of wetlands which affects the amount of usable land; and whether the materials proposed for the building facades were compatible with the majority of the residential and commercial construction in the area. She further stated that the proffered conditions do not require that the site be designed exactly as depicted on the submitted plan, but would require in addition to the multi-family standards of the zoning ordinance that the minimum building setback from Fieldcrest Subdivision be 75 feet and 100 feet adjacent to the lots that front Woodpecker Road. She stated that parking could be located closer to the lots, provided the buffer requirements are met. She further stated that 50 foot buffers are proposed adjacent to Fieldcrest Subdivision and the lots which front Woodpecker Road. She stated that in the less dense area in the western part of the northern buffer, the applicant has proposed to provide a six-foot berm and a six-foot high board fence with additional planting over and beyond what is required by the zoning ordinance. She further stated that the Planning Commission recommended that certain buffer conditions be imposed in lieu of accepting the applicant's proffered buffer conditions which would require installation of an ornamental fence within the 50-foot buffer as well as an ornamental fence along the buffer adjacent to the lots fronting Woodpecker Road and would also require that the fence be extended along the perimeter of the property with gates at both the Woodpecker and Hickory Road entrances. She stated that the proffered conditions also address landscaping along Hickory and Woodpecker Roads and propose two access points to be controlled to limit when and to whom access can be made to the property. She further stated that the Planning Commission proposed a condition in lieu of the proffered conditions which would require that the Hickory Road access be gated and that the Woodpecker Road entrance have a manned guardhouse. She stated that the Planning Commission has recommended conditions which would reduce the density from 132 units to 64 four-bedroom units; require six on-site resident managers, supervisors and security personnel; and require a greater number of parking spaces per unit than that required by the ordinance. She further stated that the Planning Commission also recommended conditions which prohibit disturbance of the wetlands; opting out of the Chesapeake Bay; designing of BMPs as wet ponds and improving them as amenities; and the installation of safety benches around the BMPs. She stated that construction of the activity center would be required with the first phase of development based upon the Planning Commission's recommendations and shuttle service between the site and the Virginia State University (VSU) campus was also recommended by 02-52 01/23/02 the Planning Commission. She further stated that the applicant's proffered conditions address transportation improvements; stormwater management; timbering limitations; signage; and the impact of the development on capital facilities. She reviewed the architectural design proposed by the applicant and stated that the proffered conditions require that the buildings be similar to those depicted in the elevations; limit building height to three stories; and allow the buildings to have siding with pitched roofs. She stated that the conditions recommended by the Planning Commission would require that the buildings be constructed of brick and limit the height to two stories. When asked, Ms. Rogers stated that the Planning Commission felt that additional conditions over and beyond those that had been proffered by the applicant were necessary. She further stated that the applicant did not agree with the Planning Commission's conditions, indicating that if the Planning Commission were to impose the conditions, then the applicant would no longer agree to any of the proffered conditions, including the proffer relating to the impact on capital facilities. Mr. John Cogbill, representing the applicant, requested that the Board approve the request as proposed by the applicant with the proffered conditions. He stated that the applicant is willing to reduce the density of the proposed project from 132 units to 126 units which will result in 498 students compared to the 528 students previously proposed. He further stated that, if the Board were to impose the Planning Commission's conditions, the increased cost that would be incurred would make the project unworkable. He further stated that the university needs modern additional housing because its existing housing is old and badly in need of renovation, and noted that there is not enough housing to accommodate the current students. He stated that student housing is unique and provided a comparison of the density of the proposed project with densities recently approved for senior housing by the Board. He further stated that the proposed facility will have resident dorm counselors and on-site campus police; is for the use of upper class students who have earned the privilege of living in the facility; and will provide a collegiate academic environment. He stated that the proposal includes amenities such as high-speed Internet access, a sport court and an activity center for the benefit of the students on-site, all designed to minimize the impact on the county's infrastructure. He further stated that the applicant looked at other options as requested by the Planning Commission, but the University did not want to take away the homes of their neighbors in Ettrick to provide for the students' housing. He stated that the proposal represents the largest economic development project in Ettrick in over a century, noting that a $1.9 million expenditure is anticipated by the students living in the proposed facility. He further stated that letters and resolutions of support have been received from the Food Lion; the Neighborhood and Businesses Foundation of the Village of Ettrick; the Crater Regional Partnership; and an individual property owner. He stated that the proposed project's impact on wetlands is one-half acre or less and noted that the applicant will comply with all laws relative to wetlands, and the university's faculty will work with the engineer and developer to ensure that the project's impact on wetlands would be minimal. He further stated that the applicant has proposed an architecture of hardy plank -- a cement siding with a 50 year warranty which will provide an appearance similar to existing buildings in Ettrick. He stated that the applicant is considering more durable fencing than wood and noted that the Fieldcrest residents were promised that a fence would be constructed. He further stated that the proposed development represents a good neighbor and economic development partner for the Ettrick community and requested that the Board approve the proposed request with the proffered conditions provided by the applicant including one change in density from 132 units to 126 units. He stated that he feels the proposed development will have a minimal impact on the community and requested that the Board consider relief from the financial portion of the fiscal impact. Discussion ensued relative to the proximity of the proposed development to area residences and the location of the proposed amenities. Mr. Miller expressed concerns that campus life is not always compatible with existing residential areas. When asked, Mr. Cogbill stated that alcoholic drinking is not permitted in the University's dormitories and the proposed facility will be policed by the residents and university leadership as well as the on-site campus police office. Ms. Evelyn Jemison, a resident of Southlawn Avenue whose property adjoins the proposed development, stated that the residents feel the proposed development is highly acceptable because it will be state controlled and operated. She expressed concerns, on behalf of the residents, relative to orderliness of the students who will live in the proposed facility and the privacy of the neighboring residents. She stated that, after several community meetings, the concerns of the residents relative to buffers, parking, physical features and policing have been met. She requested that the Board not impose the untenable conditions suggested by the Planning Commission that would make the project unfeasible. Mr. Sonny Currin stated that Virginia State University is a great neighbor in the Ettrick community and requested that the Board approve the request as proposed by the applicant. Dr. Freddie Nicholas stated that Virginia State University has been an outstanding citizen in the county and he feels the proposed project is excellent. He expressed appreciation for the Board's relationship with the university. He stated that the university has made a number of enhancements since 1993 under the leadership of Dr. Moore, and indicated that the proposed project represents a sorely needed extenuation of these enhancements. He requested that the Board support the project as presented by the applicant. Ms. Diana Parker, representing the Sierra Club, expressed concerns that the wetlands evaluation for the proposed project has been understated, indicating that there is a tremendous amount of wetlands in the middle of the proposed project. She stated that the Sierra Club feels the Planning Commission,s proposed conditions relative to sidewalks, shuttle service and reductions in the proposed density from 132 units to 64 units are critical for livable communities. She further stated that the Sierra Club also supports the Planning Commission's proposed conditions to document and protect a large portion of the wetlands site from destruction. She stated that the Sierra Club welcomes the offer of President Moore for the University's agricultural staff to test and maintain the purity of the wetlands on the site and requested that it be added as a condition of the Board's approval. She further stated that the Sierra Club recommends that minimal timbering should be allowed in the delineated wetlands except where necessary to accommodate the driveway crossing and to complete the BMP requirements. Mr. Claude Flythe, Chief of Staff to President Moore and Vice President for Student Affairs, stated that he feels the proposed project is severely needed at VSU. He further stated that the university has a zero tolerance for drugs, weapons and 02-54 01/23/02 alcohol on campus and the same policy would be in effect for the proposed project. He stated that the neighbors have the university's word that it will continue to be a good neighbor with the proposed project. Mr. Keith Johnson, a resident of Southlawn Avenue, stated that he supports the proposed project. He expressed concerns relative to the population density and loss of privacy and suggested that the Board consider reducing the facility to two stories. Mr. Yohance Duff, Vice President of Student Affairs of the Student Government Association at VSU, expressed concerns relative to the availability of housing for students. He stated that petitions signed by over 1,800 students at the university were presented to the Planning Commission in support of the proposed project. He further stated that the project represents a step towards independence for students and requested the Board's approval. Mr. Marvin Gilliam, Jr., a student at VSU and resident of the community, stated that he sees many benefits that the proposed project can offer the community, including mentoring by VSU students at area schools and providing an opportunity to educate the university's students in life as well as academics, thereby producing more mature individuals. Mr. Dominique "Smiling" Mayfield, a VSU student, stated that the students who will reside in the proposed development will be young scholars with many standards imposed upon them. He further stated that improved housing is a necessity for the university and requested that the Board approve the project as proposed by the applicant. Mr. Melvin Jones, Chief of Police at VSU, stated that the university has a zero tolerance for alcohol, drugs and weapons, and indicated that this policy has been a tremendous asset in his role. He further stated that the university's Judicial Affairs Board is very supportive of the role of the police and where violations are observed, serious actions are taken. He stated that memorandums of understanding have been finalized with the County Police Department relative to law enforcement in the area of the proposed facility, and noted that the on- site police office will provide a location for both county and VSU police officers to meet and work. Dr. Eddie Moore, President of Virginia State University, stated that the Board of Visitors at the University feels the project, as proposed, represents a good and fair compromise. He expressed appreciation for the Board's support during his tenure. Mr. George Beadles, a Clover Hill District resident, stated that he feels there should be a zoning category with standards for dormitories. He further stated that he feels cash proffers should be accepted for the full amount on the project, but deferred until such time as it is not used for a dormitory. Ms. Tyler Madison, a resident of the Dale District, stated that she feels the proposed project is valuable and necessary. She expressed concerns relative to protection of the wetlands and stated that she feels they should be buffered by at least 25 feet. Mr. David Anderson, a resident of the Midlothian District, stated that he feels the proposed project represents smart growth. There being no one else to speak to the request, the public hearing was closed. 02-55 0 /2 /02 Mr. Cogbill stated that although there are 3.4 acres of wetlands on the property, only .4 to .5 acres will be impacted based upon topographical analysis. He further stated that a three-story building will reduce the amount of impervious surface on the property and allow the wetland area to be a passive recreation area. He stated that the applicant will comply with all federal, state and county ordinances relative to wetlands; work with university faculty to preserve the wetlands; and continue to work with the residents to ensure a quality project. When asked, Mr. Cogbill stated that there is no way to re-site the proposed facility to minimize the concerns raised by Mr. Johnson. He further stated that the applicant will provide a fence that will minimize the impact on Mr. Johnson and other neighbors. Mr. Miller requested that the applicant investigate and do everything possible to minimize the impact on the neighbors' privacy. Discussion ensued relative to the type of fencing the applicant is willing to provide. Mrs. Humphrey stated that she masonry product and will not architecture in the area. feels hardy plank is a good disrupt the consistency of Discussion ensued relative to the applicant's efforts at reducing the impact on wetlands on the site. Mrs. Humphrey stated that she feels the impact on capital facilities should be addressed if and when the project ceases to be dormitory space. She noted that there will be little or no impact on the county's schools, libraries and parks. She expressed concerns relative to the decrease in density to 64 units proposed by the Planning Commission and stated that she feels this is unrealistic because of the university's financial constraints. She stated that she is prepared to increase the Planning Commission's density recommendation to allow up to 500 students. When asked, Mr. Micas stated that if there is a future zoning to change the use of the proposed facility to multi-family, the Board could consider the impact of the particular proposal on capital facilities at the time of such zoning change. Mr. Warren stated that he feels the architecture proposed by the applicant will enhance, and is compatible with, the Ettrick community. He further stated that he supports the reduced density proposed by the applicant and noted that the students will contribute to the county's economy. He stated that he will support the proposed project. Discussion ensued relative to BMP requirements for the proposed development and its impact on wetlands. When asked, Mr. McElfish came forward and stated that staff agrees there are approximately 3.4 acres of wetlands on the entire site. He further stated that all ordinances will be enforced by the appropriate agencies relative to wetlands. Mr. Miller stated that although he has some concerns about the proximity of the proposed development to area residents and the impact on capital facilities, he will support the request. He further stated that he hopes every effort will be made by the university to ensure that the project proves to be positive. 02-56 01/23/02 Mrs. Humphrey stated that Virginia State University has an immediate need for housing and expressed concerns that budget reductions eliminated the possibility of the state's funding of the VSU housing. She further stated that the proposed project represents an alternative to meet the university's housing needs. She stated that because the county has no zoning classification for dormitory housing, the project had to be zoned Residential Multi-Family. She further stated that approval of the project represents the county's positive relationship with VSU. Mrs. Humphrey then made a motion for the Board to approve Case 02SN0108 subject to one condition proposed by staff plus the imposition of an additional condition limiting the maximum number of dwelling units to 126; acceptance of Proffered Conditions 1 through 5, 7, 8 and 10 through 14; and not accepting Proffered Conditions 6 and 9. When asked, Mr. Cogbill stated that Mrs. recommendation is acceptable to the applicant. Humphrey's Mr. McHale seconded Mrs. Humphrey's motion. Mrs. Humphrey suggested that a community liaison group be established between students and area residents to address any concerns that might arise. Mr. Miller called for a vote on the motion of Mrs. Humphrey, seconded by Mr. McHale, for the Board to approve Case 02SN0108 subject to the following conditions: In conjunction with the granting of this request, the following exceptions shall be granted: ao A 5.7 acre exception to the 20 acre minimum parcel size for R-MF developments; and Bo An exception to fence height limitations to accommodate the fencing specified in the proffered conditions. (P) o Density and Phasing. The maximum number of dwelling units permitted on the Property shall be 126. Each dwelling unit shall have a maximum of four (4) bedrooms and a maximum of four (4) persons per dwelling unit. The first phase of the development shall have a maximum of 100 dwelling units. The second phase of development shall permit the remaining dwelling units but no certificate of occupancy shall be issued for the second phase prior to January 1, 2003. (P) And, further the Board accepted the following proffered conditions: The Owners and the Developer (the "Developer") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 793-612-1497, 792-613-9415, 793-613-4553, and 793-613-5939 (the ~Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-MF with a Conditional Use Planned Development (~ICUPD") is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will 02-57 01/23/02 supersede any and all proffers and conditions now existing on the Property. The application contains three exhibits described as follows: ~Y~ -- Plan titled "Virginia State University, JPI Campus Quarters, Preliminary Site Plan," prepared by The Preston Partnership, LLC, dated 10/12/01 (the "Plan") is made a part of this application as ~y~, which shall be considered as a general illustration of the proposed development and does not reflect a blueprint for future action for the Property, except as explicitly outlined below. Exhibit Bi and B~ -- Conceptual elevations of proposed project. The Plan. The Plan attached as ~ shall provide a general illustration for the development on the Property and may be adjusted as necessary to accommodate the development provided that: Bo 2. Use. The distances noted as "MIN." shall be the minimum building setbacks along the Property lines adjacent to the existing residential uses in Fieldcrest Subdivision and the residential lots on Woodpecker Road (Tax IDs 793-613-7183, 793-613-8576, and 793- 613-9563). o The Sport Court shall be generally located as shown on ~ or, in the alternative, adjacent to the Activity Center but in no case closer than 150 feet from the Property lines adjacent to the existing residential uses in Fieldcrest Subdivision and the residential lots on Woodpecker Road (Tax IDs 793- 613-7183, 793-613-8576, and 793-613-9563). (P) Except as outlined in the Virginia Fair Housing Law, VA Code Section 36-96.1, et seq., as amended and the Fair Housing Act, 42 U.S.C. Section 3601 et seq., as amended, the use of the property shall be for student housing. Student housing shall be defined as a facility [building(s), unit(s), or structure(s)] built and devoted to the housing of students enrolled at Virginia State University (VSU) and for resident counselors and on-site managers. Prior to final site plan approval, the following covenant shall be recorded. '~Any student desiring to live in this off-campus facility shall have lived on-campus for one year and must be referred by their resident assistant or resident educator." This covenant shall not be amended or removed without a zoning amendment. (p) Architecture. The buildings located on the Property shall be similar in architectural style to the elevations shown on ~ and B2. The maximum building height shall be three stories. The buildings shall be conventional wood frame construction with siding exteriors. Rooflines shall be pitched and the primary roof material shall be composition shingles. Bays, cupolas, and/or paint schemes will be incorporated into the design to break up the facades of the buildings. (p) Transportation. Prior to any final site plan approval, forty-five (45) feet of right-of-way on the east side of 02-58 01/23/02 Bo Ce Hickory Road and on the north side of Woodpecker Road, measured from the centerlines of both roadways immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access from the property to Hickory Road and Woodpecker Road shall be limited to one (1) entrance/exit onto each roadway, as generally shown on ~Y~. The exact location of these accesses shall be approved by the Transportation Department. To provide an adequate roadway system, the developer shall be responsible for following: Construction of additional pavement along Hickory Road and Woodpecker Road each approved access to provide left and right turn lanes, based on Transportation Department standards; ii. Construction of sidewalks along Hickory Road and Woodpecker Road for the entire property frontage; iii. Relocation of the ditch to provide an adequate shoulder along the east side of Hickory Road for the entire property frontage; and iv. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. Do Prior to any construction plan approval or site plan approval, whichever occurs first, a phasing plan for the required road improvements, as identified in Proffered Condition 4.C., shall be submitted to and approved by the Transportation Department. (T) In the area shown on F~YJlJ~ as "Buffer A" a landscaped berm and a staggered wooden fence (or other wood-like material as approved by the Planning Department at the time of site plan review) shall be installed. Within Buffer A the berm shall be a minimum of 6 feet high and shall have a minimum 6- foot high fence installed generally across the top of the berm. The berm and fence shall be staggered to avoid and protect any healthy trees having a caliper of seven (7) inches or greater. In Buffer A one additional small deciduous tree (in addition to the requirements in the Zoning Ordinance) for every 50 lineal feet shall be added to the landscaping requirement and shall be planted along the Fieldcrest Subdivision side of the fence. If approved by the Planning Department, vines may also be provided on the fence. Within 90 days of the issuance of the Land Disturbance Permit, the berm shall be installed within Buffer A. The berm shall be stabilized as required for erosion and sediment control; however, the Buffer A landscaping shall be installed at the same time that other landscaping is installed on the Property. The fence shall be completed prior to the issuance of the first certificate of occupancy, unless otherwise approved by the Planning Commission. During the construction period a chain link security fence may be used on the Property. 02-59 01/23/02 o Within the remaining 50-foot buffer adjacent to Fieldcrest Subdivision, a 6-foot high fence shall be provided. This fence shall not be barbed wire or chain link (except for security fencing during the construction period). The material (such as wrought iron, wood, PVC or combination thereof) shall be selected by the Developer provided that the exact treatment shall be approved by the Planning Department at the time of site plan review. The fence shall be completed prior to the issuance of the first certificate of occupancy, unless otherwise approved by the Planning Commission. [NOTE: Due to the existence of denser vegetation within this buffer the purpose of the fence in this area is to provide security and not a screen as outlined in 5.A. above.] A 50-foot buffer shall be provided adjacent to the parcels currently owned by Goodalls, Miles, and Hiseys (Tax IDs 793-613-7183, 793-613-8576, and 793- 613-9563). Within this buffer healthy vegetation shall be preserved in accordance with Zoning Ordinance Section 19-518 (d) and planted, if necessary, in accordance with Zoning Ordinance Section 19-522 (a) (2). Within this buffer a 6-foot high fence shall be provided. This fence shall not be barbed wire or chain link (except for security fencing during the construction period). The material (such as wrought iron, wood, PVC or combination thereof) shall be selected by the Developer provided that the exact treatment shall be approved by the Planning Department at the time of site plan review. The fence shall be completed prior to the issuance of the first certificate of occupancy, unless otherwise approved by the Planning Commission. (p) [NOTE: Due to the existence of denser vegetation within this buffer the purpose of the fence in this area is to provide security and not a screen as outlined in 5.A. above.] Stormwater Management.. Any aboveground facilities required for water quality or water quantity control shall be landscaped or otherwise improved so that the facilities become visual enhancements to the uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. For any stormwater draining toward the existing culvert under the railroad, the Property shall be designed to retain the 10-year post development runoff and release the runoff at a 10-year pre- development rate. (EE) ~. Except for decorative lighting attached to a building, the maximum height of lampposts shall be 15 feet. Exterior lighting shall meet the requirements of Section 19-573 of the Zoning Ordinance except that porch lights, gas lamps, decorative, and period lighting that is in keeping with the small scale pedestrian oriented character of the village of Ettrick shall be exempted from the requirement to shield the light source from direct view from adjoining A or R Districts or public rights-of- way. (p) 02-60 01/23/02 10. 11. ~. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the improved devices have been installed. (EE) ~i~. A maximum of one (1) freestanding sign shall be permitted to identify the permitted use. Such sign shall be located in the vicinity of the Woodpecker Road entrance. The sign shall be a monument design and the base shall be constructed of materials compatible with the materials used on the buildings. (P) 12. Activity Center. The I'Activity Center" shown on ~ A shall be a minimum of 3700 gross square feet. Within the Activity Center the following areas shall be provided - security workstation, study room, exercise room, theater/lecture space, and computer center. (P) 13. Landscaping. Within the required setbacks on Woodpecker and Hickory Roads, Perimeter Landscaping C, as defined by the Zoning Ordinance, shall be installed. (P) 14. Access Control. Each access into the Property, as noted in Proffer 4.B. above, shall be controlled by some method such as a gate, security post, guard, or other type of access control that can limit whom and when access can be made to the Property. (P) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mrs. Humphrey excused herself from the meeting to meet with the residents, students and VSU officials who were in attendance for this zoning case. 00SN0265 In Clover Hill Magisterial District, ADKINS RIDGE, L.C. requests rezoning and amendment of zoning district map from Neighborhood Business (C-2) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies on 9.5 acres fronting approximately 485 feet on the west line of Adkins Road, also fronting approximately 700 feet on the south line of Stroud Lane and is located in the southwest quadrant of the intersection of these roads. Tax ID 748-700-4926, 7323, 9210, 9525 and 9744 (Sheet 6). Ms. Rogers presented a summary of Case 00SN0265 and stated that the Board has received an addendum to clarify that the proffered conditions do not adequately mitigate the impact on schools, parks, fire and libraries, but do address the impact on roads. She further stated that staff recommends approval subject to the applicant adequately addressing the impact of the proposed development on capital facilities and modifying proffered conditions relative to building materials and vehicular lights exiting the property shining into existing dwellings because of enforcement difficulties and costs. She noted that the request conforms to the Northern Area Land Use and Transportation Plan. She stated that the Planning Commission recommended approval and acceptance of the proffered conditions including a reduction in the cash proffer, noting 02-61 01/23/02 that the rezoning from commercial to residential would decrease the traffic impact and the applicant had agreed to provide additional pavement on Stroud Lane beyond the property limits which would assist in mitigating the impact on capital facilities. Mr. Andy Scherzer, representing the applicant, stated that the Planning Commission's recommendation is acceptable and he feels the proposed development will have a positive impact on the neighborhood. No one came forward to speak to the request. Mr. Warren stated that he feels the project as presented is excellent because it eliminates the potential for commercial development in a residential area; is compatible with the existing neighborhood; and the developer has agreed to pave Stroud Lane. Mr. Warren then made a motion, seconded by Mr. Barber, for the Board to approve Case 00SN0265 and accept the following proffered conditions: In conjunction with recordation of the first subdivision plat, thirty-five (35) feet of right-of-way on the west side of Adkins Road, measured from the centerline of that part of Adkins Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) o To provide an adequate roadway system at time of complete development, the developer shall be responsible for the following: (a) Relocation of the ditch to provide an adequate shoulder along the west side of Adkins Road for the entire property frontage; (b) Reconstruction of Stroud Lane to a twenty (20) foot wide roadway with four (4) foot wide shoulders from Adkins Road to the western property line; and (c) Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the road improvements identified above. (T) Prior to any road and drainage plan approval, a phasing plan for the required road improvements identified in Proffered Condition 2, shall be submitted to, and approved by, the Transportation Department. (T) Development of this property shall not exceed fourteen (14) lots. (p) A maximum of three (3) lots shall front Adkins Road. (P) Ail dwelling units which are located on lots fronting Adkins Road shall have a minimum floor area of 1,900 square feet and shall be a minimum of two stories. All other dwelling units shall have a minimum floor area of 1,700 square feet. All foundations shall have a brick, stone or drivit veneer. (p) At a minimum, on those lots fronting Adkins Road, the front facade of any dwelling unit located on such lot shall employ brick on at least one-half of the area of the front facade, excluding the area of windows and doors. No aluminum or masonite siding shall be used on any dwelling (p) · 02-62 01/23/02 o No public road access shall be provided from the property to Adkins Road. (T) A fifty (50) foot buffer shall be maintained adjacent to Tax ID #743-699-9397. With the exception of utilities which run generally perpendicular through the buffer, there shall be no facilities permitted in the buffer. This buffer shall be exclusive of the required yards, and shall be compliance with Section 19-522 (a) (c) of the Zoning Ordinance. The exact treatment of this buffer shall be determined at the time of tentative subdivision review. (P) 10. Public water and wastewater shall be used. (U) 11. Except for timbering approved by the Virginia Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained form the Environmental Engineering Department and the appropriate devices have been installed. (EE) 12. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the time of building permit application for infrastructure improvements within the service district for the property: (a) $1,500 per lot, if paid prior to July 1, 2001; or (b) The amount approved by the Board of Supervisors not to exceed $1,500 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2001, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2002. 13. (c) In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B & M) Ail accesses, including driveways, onto Adkins Road and Stroud Lane shall be located to minimize lights from vehicles exiting the property from shining directly into existing dwelling units located across Adkins Road and Stroud Lane. The exact locations shall be approved at the time of tentative subdivision, and the access restriction shall be identified and noted on the recorded plat. (T) 14. The developer shall pave the existing road surface of Stroud Lane from the western property line to the current end of State maintenance, if approved by VDOT. The exact length of this road improvement shall be approved by the Transportation Department. This road improvement shall be provided in conjunction with the reconstruction of Stroud Lane, as identified in Proffered Condition 2. (T) Ayes: Miller, Warren, Barber and McHale. Nays: None. Absent: Humphrey. Mr. Miller requested a ten minute recess. Reconvening: Mrs. Humphrey returned to the meeting. 02-63 01/23/02 (Amended) In Midlothian Magisterial District, REALTICORP requests amendment to Conditional Use (Case 008N0188) and amendment of zoning district map relative to phasing of commercial development. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies in a Corporate Office (0-2) District on 5.8 acres fronting approximately 520 feet on the north line of Old Buckingham Road and approximately 600 feet on the west line of Alverser Drive and is located at the intersection of these roads. Tax ID 739-710-2652 and 3833 (Sheet 6). Ms. Rogers presented a summary of Case 01SN0166 and stated that staff recommends denial because the proposed amendment fails to establish a physical limit for commercial uses along Old Buckingham Road and approval of the request could establish a precedent for further commercialization westward along Old Buckingham Road. She further stated that the Planning Commission recommended approval and acceptance of the proffered condition, indicating that the modification would require that the office uses be established before more than 2,500 square feet of commercial is occupied and therefore a precedent should not be established by approval of the request. Mr. John Easter, representing the applicant, stated that the proffered condition would provide minor relief for the applicant and would not establish progression of commercial development along Old Buckingham Road. He further stated that the Planning Commission's recommendation is acceptable and noted that the neighborhood has not expressed any opposition to the proposed development. No one came forward to speak to the request. After brief discussion, on motion of Mr. Barber, seconded by Mr. Warren, the Board approved Case 01SN0166 and accepted the following proffered condition: The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the property under consideration ("the Property") will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. PROFFERED CONDITION 10 OF CASE NO. 008N0188 IS HEREBY AMENDED AND RESTATED AS FOLLOWS: Phasing of Commercial Development. Prior to issuance of certificates of occupancy for more than two thousand five hundred (2,500) square feet of Convenience Business (C-I) uses on Tract B, as permitted under condition 8 of Case 00SN0188, at least a temporary certificate of occupancy shall have been granted for a building of at least 6,000 gross square feet on that portion of Tract A that is generally adjacent to Tax IDs 738-710-9753, 738-710-9965, 739-710-0668, 739-710-1274, and 739-710-1882. (p) (STAFF NOTE: THIS PROFFERED CONDITION SUPERSEDES PROFFERED CONDITION 10 OF CASE 00SN0188.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-64 01/23/02 01SN0189 (Amended) In Matoaca Magisterial District, DOUGLAS R. SOWERS requests amendment to Conditional Use Planned Development (Case 88S008) and amendment of zoning district map on part of property which is commonly known as Greenspring's Gyorgy Tract. Specifically, the applicant desires to develop this 282.1 acre tract as a single development from the originally zoned 1,312.7 acre tract. In general, amendments are requested relative to the approved Master Plan; restoration of two (2) single family structures (Ellett and Tomahawk dwellings); provision of a golf course; road improvements and access; land dedications and reservations; utilities; drainage; erosion and water quality, plus relief to street access requirements for more than fifty (50) lots. A mixed use development consisting of residential, office and commercial uses is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units per acre or less. This request lies in Residential (R-9) and Corporate Office (0- 2) Districts lying approximately 1,050 feet off the east line of Otterdale Road, also lying approximately 1,540 feet off the north line of Genito Road. Tax ID 716-689-9201 (Sheet 9). Mr. Jacobson presented a summary of Case 01SN0189 and stated that the proposed development was originally zoned as a part of a larger project with a number of zoning conditions. He further stated that the original case was not subject to addressing the impact on capital facilities because the case was submitted prior to the county's ability to accept cash proffers. He stated that, because of the size of the original development, substantial road improvements and land dedications for schools, parks, etcetera were required and agreed to by the applicant at that time subsequent to the zoning. He further stated that the developer was unable to proceed thereby leaving the individual property owners with the conditions of zoning. He explained that the properties that were originally zoned are now being developed separately by several different individuals. He further explained that the Board has previously granted amendments to the zoning or a part of the property which was the subject of the original zoning and located east of the request site (Greensprings I). He stated that the developers and property owners of Phase I are responsible for building the portion of Woolridge Road Extended from the back entrance of Woodlake to its intersection with Genito Road, as well as Watermill Parkway which will provide access north-south from Genito Road to Old Hundred Road. He further stated that the current conditions of zoning on the subject parcel are that the Powhite Parkway Extended be constructed including four lanes of right of way dedication and also that a four lane construction of Woolridge Road run through the property and up to Powhite Parkway Extended; an east-west collector road be constructed from Woolridge Road Extended to Otterdale Road; and an initial road access be constructed to the proposed development from Powhite Parkway. He stated that the applicant has requested amendments including the ability to build up to 125 lots on the parcel with sole access to Genito Road; when Watermill Parkway plus the southern part of Woolridge Road is constructed, the ability to increase that up to 250 lots; and up to approximately 670 dwelling units plus some office development after Woolridge Road has been completed through the property to Old Hundred Road. He further stated that the applicant has also requested to be relieved of the requirements to build Powhite Parkway as well as other requirements. He stated that the applicant has requested relief to requirements for a secondary access for more than 100 lots. He further stated that staff and the Planning Commission 02-65 01/23/02 recommended denial of the applicant's requests relative to road construction and secondary access (Amendments V and VI), but recommend approval of Amendments I, II, III, IV and VII which delete the requirement for a golf course; delete the requirement for restoration of historic homes; provide a cash proffer in lieu of the land dedication; and remove specific conditions of water quality given current ordinance requirements. He stated that the applicant has also proffered a number of residential development standards. He further stated that the Board has received an addendum adding Proffered Condition 10 at the request of Mrs. Humphrey which prohibits manufactured housing in the proposed development and indicated that it would be necessary for the Board to suspend its rules to allow for consideration of the additional proffered condition. Discussion ensued relative to the number of homes proposed for this phase of the development as well as the development in its entirety. Mr. Warren expressed concerns that the number of homes proposed for the entire development will have a tremendous impact on the county's roads. When asked, Mr. McCracken came forward and stated that when Phase I was developed, the landowners requested and were granted approval to do various road improvements and were relieved of the offsite right of way dedication requirement and construction obligations for Powhite Parkway. He further stated that, at the time of approval of Phase I, staff indicated their position would be that the remainder of the landowners complete the road improvements approved for the original development. He expressed concerns that the density of the development in its entirety will generate 43,000 trips per day and stressed the importance of completing Powhite Parkway Extended. He further expressed concerns that if the property is developed in small portions, the necessary road improvements will not be completed. Mr. Warren questioned other means for funding Powhite Parkway Extension. Mr. McCracken stated that he feels either the private or public sector will have to pay for Powhite Parkway Extension if the developer is not required to do so. He further stated that he sees no opportunity in the near future in the Six-Year Plan, the Capital Improvement Plan or state funding for construction of Powhite Parkway Extended. Mr. Warren stated that Powhite Parkway Extended has been a top priority of the Board and expressed concerns that the developer is requesting relief from the road requirements that exist with the property. Mr. McCracken stated that the Board has directed staff to require the development community to provide the facilities on the county,s Thoroughfare Plan, and indicated that approval of the applicant,s request would change staff's perception of the Board's direction in proceeding with future cases. When asked, Mr. McCracken stated that the benefit received by extending Powhite Parkway would far surpass the Woolridge Road extension, and indicated that staff feels approval of the applicant's request would set a precedent for future development. Mr. Barber expressed concerns that the density of the proposed development accounts for approximately 25 percent of the entire development, yet does not provide for 25 percent of the necessary road improvements. 02-66 01/23/02 Discussion ensued relative to the traffic that will be generated and the cost of the road improvements required in Phase I as well as the cost of the road improvements the applicant has proffered for the proposed development. When asked, Mr. McCracken estimated that the road improvements being requested by staff of the applicant for the proposed development would cost approximately $4 million more than the road improvements approved for Phase I. He stated that he is uncertain as to the availability of cash proffers in the transportation shed for the proposed development. Mr. John Easter, representing the applicant, stated that because a bald eagle has been located on the property, up to 80 acres of the property may not be developable. He further stated that the applicant has agreed to provide end of pipe treatments requested by Environmental Engineering staff. He stated that the developer of Greensprings Phase I was granted relief from the original zoning conditions which now only require construction of a relatively small portion of the road improvements required of the original development. He further stated that the applicant has proposed to construct two lanes of Woolridge Road from the southern property line to Old Hundred Road which will provide relief for traffic coming out the back entrance of Woodlake that currently is forced to use Genito Road through Brandermill. When asked, Mr. Easter stated that the requirements of the original case were for four lanes of Woolridge Road on the entire property; four lanes of Powhite Parkway Extended; two lanes of a collector loop; and signal improvements. He further stated that the extension of Woolridge Road will provide relief for increased traffic out of Woodlake and continued growth in the area and also provide a connection to Powhite Parkway. He reviewed a comparison of road construction commitments for Phase I to the current proposal and stated that the applicant has proposed more than twice the road per acre than Phase I was required to construct. He noted that the applicant has voluntarily proffered the strongest language possible that manufactured homes will not be allowed in the proposed development. Mrs. Humphrey expressed concerns that a precedent was set with approval of Phase I. Discussion ensued relative to the plan for preservation of the bald eagle located on the subject property and the possibility that the proposed road may have to be relocated because of the eagle. When asked, Mr. McCracken stated that from a transportation perspective, the county's number one priority has been the widening of Route 360; the second priority, Route 10 from Meadowville to Interstate 95; and the third priority, Route 60. He further stated that staff does support construction of the Powhite Extension to address future needs, and indicated that the priorities address current transportation needs. He stated that he does not foresee state funding of the Powhite Parkway Extension within the next ten years. Mrs. Humphrey expressed concerns relative to increased traffic from Woodlake, Foxcroft and Magnolia Green, and stated that the applicant's proposal will provide relief for the increased traffic. Discussion ensued relative to the availability of right of way for the Powhite Parkway Extension. Mr. George Beadles, a Clover Hill District resident, stated that the requirement for a 50-lot second public road access was 02-67 01/23/02 approved by the Board of Supervisors in September 1978 and indicated that he does not feel the applicant should be granted relief from the second public road access. He further stated that he hopes enough right of way will be acquired for Woolridge Road to be extended to four lanes in the future. He stated that he feels the applicant should be required to provide the right of way for Powhite Parkway Extended. There being no one else to speak to the request, the public hearing was closed. Mr. Easter stated that a portion of the right of way for Powhite Parkway Extension was dedicated as part of Phase I. He further stated that the extension of Woolridge Road will accomplish the objective of traffic relief in the area. Mr. Barber stated that he would like to defer the case to allow additional time to review the transportation issue. Mr. McHale expressed concerns relative to the transportation issue and stated that he feels the conditions to allow Phase I of Greensprings to proceed should have been focused on the Powhite Parkway Extension if that was the long-term priority. He further stated that the applicant's proposal will provide relief to traffic congestion and although it does not address the priority of the Powhite Parkway Extension, he is inclined to support the applicant's proposal. Discussion ensued relative to the Board having approved the conditions for the Phase I development. Mr. Warren expressed concerns that approval of the applicant's proposal would represent a change in direction by the Board relative to the policy for addressing transportation issues. He stated that approval of the request would set a precedent because it will result in other developers requesting relief to transportation requirements, and indicated that he does not support the request. Mr. Miller stated that he feels it is unfair to expect something of one developer that was not expected of another. He further stated that he would support a deferral. Mrs. Humphrey expressed concerns that one property owner should not be required to absorb the cost of the Powhite Parkway Extension. She stated that funding for the larger road projects such as the Powhite Parkway Extension and the Route 360 widening should be the state's responsibility. She further stated that the applicant has offered an alternative that will provide traffic relief for areas such as Woodlake, Foxcraft, Magnolia Green and Route 360 West. She stated that she feels the road proposed by the applicant will be in place much sooner than the Powhite Parkway Extension. She further stated that because Mr. Barber and Mr. Miller have indicated their desire for a deferral and Mr. Warren has indicated that he does not support the proposal, she will request a deferral for 30 days. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board deferred Case 01SN0189 until February 27, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber stated that a vote tally is not known until the votes have been cast. He further stated that he indicated a deferral as his preference, but did not indicate how he would cast his vote. Mrs. Humphrey stated that information sometimes changes during the public hearing process and she makes assessments based on the direction provided by other Board members' remarks. 02-68 01/23/02 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules to consider items after 11:00 p.m. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 01SN0253 (Amended) In Bermuda Magisterial District, M AND L ASSOCIATES requests rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood commercial use. This request lies on 1.7 acres fronting approximately 400 feet on the west line of Chester Road, also fronting in two (2) places for a total of approximately sixty-five (65) feet on the south line of Centralia Road and is located in the southwest quadrant of the intersection of these roads. Tax ID 786-663-9064 and Part of 9238 (Sheet 26). Mr. Jacobson presented a summary of Case 01SN0253 and stated that staff recommends denial because the proposed zoning and land use do not conform to the Chester Village Plan which suggests the property is appropriate for neighborhood commercial uses and the proposed zoning and land use do not conform to existing and anticipated area development and is more intense than development suggested by the Plan. He further stated that, after discussions with the property owner, adjacent property owners and the Chester Community Association, the Planning Commission recommends approval and acceptance of the proffered conditions which allow C-3 uses as well as motor vehicle repair plus additional architectural design standards over and above the base standards in the zoning ordinance. Mr. A1 Donovan, representing the applicant, stated that numerous community meetings were held and the only concerns expressed were with the aesthetics of the proposed development and not the proposed uses; therefore the applicant proffered conditions to address these concerns. He requested that the Board approve the request. No one came forward to speak to the request. Mr. McHale stated that he feels allowing the motor vehicle repair use is reasonable in exchange for increased architectural standards. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 01SN0253 and acceptance of the following proffered conditions: Uses shall be restricted to those permitted by right, or with restrictions, in the Community Business (C-3) District plus motor vehicle repair, excluding motor vehicle body repair. (P) o No direct access shall be provided from the property to Centralia Road. Other than the existing access that solely serves existing Virginia Power facility, direct access from the property to Chester Road shall be limited to one (1) entrance/exit, generally located at the southern property line. The exact location of this access shall be approved by the Transportation Department. (T) 02-69 01/23/02 o Prior to issuance of occupancy permit, additional pavement shall be constructed along Chester Road at the approved access to provide a right turn lane, based on Transportation Department standards. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this road improvement. (T) Prior to any final site plan approval, forty-five (45) feet of right-of-way on the west side of Chester Road, measured from the centerline of that part of Chester Road immediately adjacent to the property, shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. (T) The architectural treatment and materials of any buildings shall include a pitched roof with the facades of the building constructed of brick and/or split-faced block. (p) If garage-type (bay) doors are oriented toward Chester Road, landscaping shall be installed so as to minimize their view from Chester Road. The exact size, spacing and species of landscaping shall be determined at time of site plan review. (p) (Note: This landscaping would be in addition to any landscaping requirements of the Ordinance.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. In Bermuda Magisterial District, JEFFREY D. BOWMAN/JULIA A. BOWMAN request Conditional Use and amendment of zonin9 district map to permit a photography studio in an Agricultural (A) District. The density of such amendment will be controlled by zonin9 conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 1.3 acres and is known as 11961 Iron Brid~e Road. Tax ID 778-653-0689 (Sheets 25 and 26) . Mr. Jacobson presented a summary of Case 02SN0148 and stated that staff recommends denial because the proposed use does not conform to the Central Area Plan which suggests the property is appropriate for a mix of uses to include professional, business, industrial and administrative offices, notin~ that the proposed photography studio is a commercial use. He further stated that the Planning Commission recommends approval subject to conditions and acceptance of the proffered conditions, indicating that the proposed photography studio is a very light intensity commercial use and the applicant has proffered additional conditions above the standards in the zonin9 ordinance. Mr. Dean Hawkins, representin~ the applicant, stated that he feels the proffered conditions will address any concerns relative to the Central Area ?l~n and requested the Board's approval of the proposed request. No one came forward to speak to the request· Mr. McHale stated that, although he respects staff's recommendation, he feels the Planning Commission's recommendation represents a reasonable compromise. 02-70 01/23/02 Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 02SN0148 subject to the following conditions: The use shall be conducted within an enclosed structure, except that photography sessions may be conducted outdoors between the hours of 8:00 AM and 8:00 PM. (P) Except where the requirements of the underlying Agricultural (A) District are more restrictive, the use shall comply with the requirements of the Emerging Growth Areas for Corporate Office (0-2) Districts, except as may be modified through development standards waivers. (P) And, further, the Board accepted the following proffered conditions: Prior to any final site plan approval, 100 feet of right- of-way on the north side of Iron Bridge Road (Route 10), measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Route 10 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. Prior to any final site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of this access with the adjacent property. (T) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Q2SN0153 In Matoaca Magisterial District, SALVATORE J. CANGIANO requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Zoning Ordinance requirements. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less. This request lies on 4.7 acres and is known as 6700 Otterdale Road. Tax ID 708-673-2973 (Sheet 15). Mr. Jacobson presented a summary of Case 02SN0153 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that, although the Upper Swift Creek Plan suggests the property is appropriate for single family residential development of 2.0 units per acre or less, the Plan also supports retail uses when designed as part of a planned community with adequate access. Mr. David Anderson, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 02SN0153 and accepted the following proffered conditions: The plan prepared by TIMMONS, entitled "Master Plan for Parcel #708-673-2973" and dated October 15, 2001 shall be considered the Master Plan. ~ (P) 02-71 01/23/02 The tracts noted as AC-i, AC-2 and OS shall be subject to the regulations as outlined for such tracts in the conditions and Textual Statement for Case 89SN0343, provided, however, that offices and sales centers as allowed in the OS1 and OS2 Tracts of Case 89SN0343 and model homes shall be permitted. And further, the existing residential structure shall be set back a minimum of seventy-five (75) feet from the centerline of Woolridge Road Extended Right of Way. (P) A maximum of one (1) single-family dwelling unit shall be permitted on the request property. (P) In conjunction with recordation of the first subdivision plat or prior to final site plan approval, whichever occurs first, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: (a) Forty-five (45) feet of right-of-way on the west side of Otterdale Road, measured from the centerline of that part of Otterdale Road immediately adjacent to the property; and (b) A ninety (90) foot wide right-of-way for an east/west major arterial ("Woolridge Road Extended") from Otterdale Road to the western property line. The exact location of this right-of-way shall be approved by the Transportation Department. (T) Except for a single driveway entrance from Otterdale Road to serve a real estate sales center and associated offices, model home or single family dwelling unit, no direct access shall be provided from the property to Woolridge Road Extended or Otterdale Road. The exact location of the driveway shall be approved by the Transportation Department. (T) To provide for an adequate roadway system, the developer shall be responsible for the following: (a) Construction of two (2) lanes of Woolridge Road Extended, to VDOT urban minor arterial standards (50 mph) with modification approved by the Transportation Department, from Otterdale Road to the western property line; (b) Relocation of the ditch to provide an adequate shoulder along the west side of Otterdale Road for the entire property frontage; and (c) Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easement) required for the improvement identified above. (T) o Prior to any road and drainage or site plan approval, whichever occurs first, a phasing plan for the required road improvements, as identified in Proffered Condition 6, shall be submitted to and approved by the Transportation Department. (T) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02-72 01/23/02 18. ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 11:20 p.m. until February 13, 2002 at 3:30 p.m. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. /~lal~Yrman~Mi 1 ler 02-73 01/23/02