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98SN0221.pdfREQUEST ANALYSIS AND RECOMMENDATION · ,-..v .~, l:,:,o CPC May 27, 1998 BS 98SN0221 Chesterfield County Parks and Recreation Dale Magisterial District East line of Iron Bridge Road REQUEST: Conditional Use to permit golf course use. PROPOSED LAND USE: A golf course is planned on undeveloped portions of Iron Bridge Park. Customary and accessory uses to the golf course, such as a driving range, club house, pro shop, snack bar/restaurant and other activities are also planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: Messrs. Marsh, Gulley and Miller. NAY: Messrs. Shewmake and Cunningham. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed golf course use conforms to the Central Area Plan which suggests the property is appropriate for Iron Bridge Park. The proffered conditions ensure that the golf course use will be compatible with existing and anticipated area residential uses. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF) 1. Uses shall be limited to the following: A golf course and driving range, plus customary accessory uses to include, but not necessarily be limited to putting greens; a clubhouse; a pro shop; a snack bar/restaurant; an office for maintenance personnel; maintenance facilities; parking for maintenance vehicles, golf carts, and emergency vehicles; and other such uses that are customary accessory and incidental to golf course use. (STAFF) 2. The golf course and customary accessory uses to the golf course shall not be open to the public between the hours of 9:00 p.m. and 7:00 a.m. The driving range and customary accessory uses to the driving range shall not be open to the public between the hours of 11:30 p.m. and 7:00 a.m. With the exception of the driving range and customary accessory uses, maintenance activities shall not occur between the hours of 9:00 p.m. and 7:00 a.m. Maintenance activities for the driving range and customary accessory uses shall not occur between the hours of 12:00 midnight and 7:00 a.m. (STAFF) 3. With the exception of after-hours security lighting, only the driving range and customary accessory uses to the driving range shall be lighted. Any lighting fvctures to accommodate the driving range use shall be designed to either direct the light away or shield the light source from adjacent residentially zoned property to the north, south and southeast and away from agriculturally zoned property to the north and east. Security lighting may only be permitted by the Planning Commission upon review and approval of a lighting plan which insures that adjacent properties will not be adversely affected by such lighting. (STAFF) 4. Except as noted herein, all facilities shall be set back a minimum of 100 feet from property boundaries adjacent to residentially zoned property to the north, south and southeast and from agriculturally zoned properties to the north and east. The driving range and customary accessory uses shall be set back a minimum of 200 feet from adjacent residentially zoned properties to the north, south and southeast and from agriculturally zoned properties to the north and east. Within these setbacks, and adjacent to the aforesaid property boundaries, a fifty (50) foot buffer shall be maintained. Within this buffer, existing, mature vegetation shall be maintained unless removal is approved by the_ Planning Commission through site plan review. The only facilities allowed within this buffer shall be bicycle and walking trails 2 98SN0221/WP/MAY27H (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) (STAFF) o o 10. associated with public park use, but not golf course use; and security fencing; and utilities which mn generally perpendicular through the buffer. Facilities shall be designed to minimize the possibility'of balls in play from entering public rights of way or adjacent properties. The design shall preclude the use of physical barriers along the public rights of way other than decorative fencing or walls, topography and/or landscaping. A plan for achieving this requirement shall be submitted for approval in conjunction with site plan review. Except where the requirements of the underlying Agricultural (A) zoning are more restrictive or conditions of zoning approval address a specific standard and with the exception of the requirement that the source for lighting of the driving range and customary accessory uses be shielded from view from any adjoining A or R District and any public right of way, development shall conform to the requirements of the Zoning Ordinance and Development Standards Manual for Corporate Office (0-2) Districts in Emerging Growth Areas. Use of wells for water supply shall be prohibited. Any lease negotiated between the County and any other entity to construct, maintain or operate the golf course shall include a provision that states that the lessee or its sublessees or assigns shall not permit the sale or consumption of alcoholic beverages on the property. This Conditional Use shall be granted for so long as the County, the lessee, its sublessees or assigns abide by this lease term. Prior to operation of the golf course, a fertilization plan for the golf course shall be submitted to the Chesterfield County Extension Agent for approval. A monitoring program, acceptable to the Extension Agent, shall be implemented to ensure compliance with the approved fertilization plan. Except for timbering 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 approved devices have been installed. 3 98SN0221/WP/MAY27H GENERAL INFORMATION Location: East line of Iron Bridge Road, north line of Route 288, north and south lines of Whitepine Road, and east and west lines of Hunting Creek Drive. GPIN 770-669-9700 and 774-670- 5199 (Sheet 22). Existi Z~g_Z_q_~g: A Size: 354.6 acres Existing Land Use: Iron Bridge Park Adjacent Zoning & Land Use: North South East West - A and R-15; Single family residential or vacant - A, R-7 and R-9; Single family residential, Route 288 or vacant - A and R-9; Single family residential or vacant - A, A with Conditional Use Planned Development and I-1; Single family residential, public/semi-public (County Airport), commercial or vacant UTILITIES Public Water System: Public There is an existing twelve (12) inch water line extending along the east side of Hunting Creek Drive adjacent to the request site. The existing park buildings are served by the public water system. Use of the public water system is intended by the applicant. Use of the public water system is required by County Code. Wastewater System: There is an existing twenty-one (21) inch wastewater trunk line extending along Reedy Branch Creek and ending approximately 5,600 feet northeast of the request site. The public waste,water system is not ayailable to serve the request site. 4 98SN0221/WP/MAY27H Private Septic Tank and Drainfield System: The Health Department must approve any new septic systems or expanded usage of any existing septic system. - , Wells: The use of wells for the golf course would be prohibited. (Proffered Condition 7) ENVIRONMENTAL Drainage and Erosion: The request property drains directly into Reedy Creek. No existing or anticipated on- or off-site drainage or erosion problems. To address potential erosion problems that could occur with land disturbing activities, the applicant has proffered that there will be no timbering of the property until a land disturbance permit has been issued. (Proffered Condition 10) Water Quali .ty: Reedy Creek is a perennial stream and, as such, a 100 foot conservation area must be established from either a 100-year floodplain or the wetlands if so delineated to preserve water quality, in accordance with Chesapeake Bay Act requirements. To further ensure that runoff from the golf course does not affect area water quality, the applicant has proffered to submit a fertilization plan to the Chesterfield County Extension Agent for approval, and further has proffered to implement a monitoring program to ensure compliance with the approved fertilization plan. (Proffered Condition 9) PUBLIC FACILITIES Fire Service: The request property is served by the Airport Fire/Rescue Station, Company Number 15, and by Rescue 15. The number of hydrants and quantity of water needed for fire protection will be evaluated during the plans review process. Transportation: A twenty-one (21) hole public golf course is planned for part of the property (Iron Bridge Park). Based on golf course trip rates, development of the golf course is anticipated to 5 98SN0221/WP/MAY27H generate approximately 750 average daily trips. These vehicles will be distributed via Whitepine Road to Route 10 which had a 1996 traffic count of 30,602 vehicles per day. Huntingcreek Hills Subdivision, consisting of approximately 580 lots, is located on the south and east sides of Iron Bridge Park. Based on single family trip rates, Huntingcreek Hills Subdivision generates approximately 5,220 average daily trips. As part of the initial development of Huntingcreek Hills, access was constructed to Salem Church Road. With the last section of Huntingcreek Hills Subdivision, the County required the developer of that subdivision to connect the subdivision street (Huntingcreek Drive) with the park road (Whitepine Road) for additional emergency access to that neighborhood. This connection provided a road from Route 10 to Salem Church Road. Huntingcreek Drive had a 1998 traffic count of 3,292 vehicles per day. The current Planning Commission Stub Road Policy suggests that subdivision streets should carry approximately 1,500 vehicles per day. Huntingcreek Hills Subdivision was developed prior to the adoption of the current Stub Road Policy. Any major facilities, such as the golf course constructed within Iron Bridge Park, will have some traffic impact on Huntingcreek Hills Drive. At time of site plan review, specific recommendations will be provided regarding access and internal circulation for the golf course. LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is~ appropriate for Iron Bridge Park. Area Development Trends: Area properties are zoned agriculturally, residentially and industrially and are occupied by a mix of single family residences in subdivisions and on acreage parcels, public/semi- public uses (Iron Bridge Park and the County Airport), offices, commercial uses and vacant land. Development trends are anticipated to follow the suggested land uses of the Plan, which suggests office, commercial and industrial uses are appropriate along the Iron Bridge Road corridor and residential uses are appropriate east of the corridor. Site Design: The golf course would be developed on portions of Iron Bridge Park, with access to Whitepine Road and Huntingcreek Drive. 98SN0221/WP/MAY27H The request property lies within an Emerging Growth Area. The applicant has proffered that, except where the requirements of the underlying Agricultural (A) zoning are more restrictive or conditions of zoning approval address a specific standard, new construction for golf course use should conform to the development standards of the Zoning Ordinance for such uses within Emerging Growth Areas which address access, landscaping, architectural treatment, signs, utilities, lighting and screening of dumpsters and loading areas. (Proffered Condition 6) Adjacent properties to the south and southeast are zoned residentially and occupied by single family residences in Kingsland Meadows, The Park and Huntingcreek Hills Subdivisions. Adjacent properties to the north and east are zoned residentially and agriculturally, are designated on the Plan for residential use, and are occupied by single family residences in Kingsland Meadows Subdivision and on acreage parcels or remain vacant. Given existing and anticipated residential uses on adjacent properties to the north, south and east, the applicant has proffered conditions to ensure that the golf course and associated facilities are designed and operated so as not to adversely impact upon area residents (Proffered Conditions 2 through 5). Specifically, Proffered Conditions 2 and 3 would limit hours of operation and after-hours lighting, to minimize nighttime noise and lighting impacts on area neighborhoods. Proffered Condition 4 would require increased setbacks and buffers for the golf course, driving range and associated facilities. Proffered Condition 5 would require facilities to be designed to minimize the possibility of golf balls in play from entering adjacent residential properties or roads. Proffered Condition 8 is intended to preclude the sale or consumption of alcoholic beverages in conjunction with golf course use on the property. Architectural Treatment: Proffered Condition 6 requires that the architectural treatment of buildings comply with Emerging Growth standards. Within Emerging Growth Areas, no building exterior which would be visible to any agricultural or residential district or any public right of way may consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultural or residential district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and screened from public view and designed to be perceived as an integral part of the building. Buildings developed in conjunction with the golf course should conform to these requirements. 7 98SN0221/WP/MAY27H Buffers & Screening: Proffered Condition 6 would require that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way by a solid fence, wall, dense evergreen plantings or architectural feature, be separated from any residentially zoned property or any property being used for residential purposes by the principal building, and that such area within 1,000 feet of any residentially zoned property or property used for residential purposes not be serviced between the hours of 9:00 p.m. and 6:00 a.m. In addition, sites would have to be designed and buildings oriented so that loading areas are screened from any property where loading areas are prohibited and from public rights of way. Proffered Condition 4 would require a fifty (50) foot buffer along the north, south, southeast and east property boundaries adjacent to area residentially and agriculturally zoned properties. Lighting: Proffered Condition 3 would prohibit the lighting of facilities other than the driving range and customary accessory facilities, with the exception that security lighting would be allowed by the Planning Commission upon a determination that such lighting does not adversely impact area residents. Lighting for the driVing range and customary accessory facilities would have to be positioned so that the light source is either directed away or shielded from area residences. In addition, Proffered Condition 6 would require all lighting to conform to Development Standards Manual requirements relative to the amount of light at property boundaries. CONCLUSIONS The proposed golf course use conforms to the Central Area Plan which suggests the property is appropriate for Iron Bridge Park. In addition, the recommended conditions ensure that the golf course use will be compatible with existing and anticipated area residential uses. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (4/21/98): The applica,nt submitted an ame_nded Proffered Condition 8 and withdrew Proffered Condition 9 in the "Request Analysis and Recommendation", relative to regulating the sale 98SN0221/WP/MAY27H and consumption of alcoholic beverages in conjunction with the proposed golf course use. These changes are reflected herein. Previously, Proffered Conditions 8 and 9 restricted, but did not completely preclude, the sale or consumption of alcoholic beverages. The intent of amended Proffered Condition 8 is-to prohibit the sale ~and consumption of alcoholic beverages in conjunction with golf course use. At the request of the applicant, the Commission deferred this case to May 19, 1998. Staff (4/22/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than April 27, 1998, for consideration at the Commission's May 19, 1998, public hearing. Staff(4/30/98): To date, no new information has been received. The applicant is attempting to arrange a meeting with concerned citizens and area residents to further discuss the proposal prior to the Commission's May 19, 1998, public hearing. Applicant, Citizens, Staff and Dale and Bermuda Magisterial District Planning Commissioners (5/12/98): A meeting was held to discuss the proposed project. Applicant (5/14/98): Revised Proffered Condition 7 was submitted prohibiting use of wells for the golf course. Planning Commission Meeting (5/19/98): The applicant amended Proffered Condition 2, as discussed herein. The applicant did not accept the Planning Commission's recommendation, but did accept the staff's recommendation. There were a number of people present in support of the request. Those in support indicated that the golf course use would provide a type of recreation activity not currently 9 98SN0221/WP/MAY27H available to some citizens, especially the youth and elderly; that the proposed facility would provide character and leadership development for youth; that the golf course use would provide an opportunity for family activity that is not available with "team type sports"; and that the use provides a recreational alternative to the typical public park uses such as ball fields. Those in opposition questioned the use of public land for private use; the sacrificing of existing recreational activities at Ironbridge Park for golf course use; the possible violation of the Federal Grant used to purchase the land for park use; the need for archeological and environmental studies; the potential cost of the facility for County citizens; traffic impact; and the pace at which the proposal is moving forward. On motion of Mr. Miller seconded by Mr. Gulley, the COmmission recommended denial of this request. AYES: Messrs. Marsh, Gulley, and Miller. NAY: Messrs. Shewmake and Cunningham. The Board of Supervisors, on Wednesday, May 27, 1998, beginning at 7:00 p.m., will take under consideration this request. 10 98SN0221/WP/MAY27H 98SN022!i' C.U. SH. 22 ~/8$NoZZl-I 98SN0221 In Dale Magisterial District, CHESTERFIELD COUNTY PARKS AND RECREATION requested Conditional Use and amendment of zoning district map to permit a golf course use. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Iron Bridge Park. This request lies in an Agricultural (A) District on 354.6 acres fronting approximately 250 feet on the east line of Iron Bridge Road, also fronting approximately 3,800 feet on the north line of Route 288 and located in the northeast quadrant of these roads, also fronting approximately 3,400 feet on the north line and approximately 3,300 feet on the south line of Whitepine Road and approximately 900 feet on the east line and approximately 950 feet on the west line of Hunting Creek Drive. GPIN 770-669-9700 and 774-670-5199 (Sheet 22). Mr. Jacobson presented a summary of Case 98SN0221 and stated that staff recommends approval and acceptance of the proffered conditions and noted that, in staff's opinion, a golf course is an appropriate use in Iron Bridge Park, which is a designated as a regional park on the County's Public Facilities Plan and Parks Master Plan. He further stated 5/27/98 98-385 that the Planning Commission recommended denial by a 3-2 vote. He stated that the proffers include a 100 foot setback that is inclusive of 50 foot buffer a 200 foot setback for the driving range; limitations on hours of operation and lighting; and no wells being permitted on the property. He noted that the request conforms to the Central Area Plan. Mr. Golden briefly reviewed the background of First Tee partnership proposal with the County regarding constructing a new golf course. He stated that the course would be shorter than a regulation course; that the course would be designed for children to learn to play golf; and that the course would also well serve senior citizens. He further stated that several sites in the County were considered for the facility and it was the conclusion that Iron Bridge Park would possibly be a good site. He stated that the original development plan for Iron Bridge Park included an amphitheater and nature center. He further stated that as the project began to move forward many issues arose. He stated that the Parks and Recreation Department feels this golf course would provide opportunities for County citizens. He further stated that there will be some existing uses of the property that will be displaced if the proposal is approved such as trails for biking and hiking. He stated that some of those activities can be accomplished in other places and that staff would look to construct the new two to three miles of trails within Iron Bridge Park to address some of the hiking and biking opportunities that would be lost. He further stated that staff is still proposing to save trails along the Reedy Branch Creek and some other trails, if the proposal is approved. He stated that another concern is that the County will lose the opportunity at this site for other activities if the golf course is approved. He further stated that as demands for athletic facilities increase in the future, the County will need to locate additional space. He stated that in 1983 the County accepted a grant of $270,000 for the first phase construction at Iron Bridge Park and that grant was matched with County dollars in a similar amount. He further stated that there are conditions on the use of that grant and restrictions of what the County can do with the property as a result of having accepted that grant. He stated that extensive conservation has taken place with the Department of Conservation and Recreation, the State agency that administers these grants. He read a portion of a letter from Mr. Ronald Hedlund, Director of the Division of Planning and Recreation Resources with the Department of Conversation and Recreation, stating that "the expressed purpose of the Land and Water Conservation Fund Act is to assure that projects are protected in perpetuity for public outdoor recreational use; a golf course, although a change of use in current facilities and the original park master plan, is consistent with the purpose of the Act; a golf course is an approved outdoor recreational facility under the Act; there is no evidence that this proposal is a violation of the original grant agreement; it appears to be a request for a change of use; this action is permissible under the Land and Water Conservation Fund Program." He entered into the record a copy of the letter. He stated the Parks and Recreation Advisory Commission was asked to consider the merits of this proposal at its April meeting and voted unanimously to endorse the golf project. He 5/27/98 98-386 suggested that this golf proposal is a new element that could be incorporated into the County's regional park system and stated that he hopes that the Board feels this project is a way of meeting the County's sports facility needs. He stated that the Parks and Recreation Department recommends approval of the proposed request. When asked, he stated that approximately seven or eight members of the Recreation Commission were present at the meeting when the proposal was voted unanimously in favor of the golf course and noted that only six members are necessary for a quorum. He then introduced John Cogbill, Esquire, representing Richmond First Tee. Mr. Cogbill, representing the developer, stated that First Tee, a public/private partnership, wishes to make a $3 million investment in the County and provide twenty jobs. He recognized Mr. Fred Tattersall, President of Richmond First Tee; Mr. Tim Merry, Executive Director of First Tee and the only paid member of this organization; Mr. Charles Pike, a civil engineer from Timmons; Mr. Ron Boyd, with Williams Environmental; and Mr. Lester George, the golf course architect with Colonial Golf Design, who were present at the meeting. He noted that the State of Minnesota and Nevada have recently committed State resources to the national First Tee program. He stated that former President George Bush is honorary Chairman of this organization. He presented each Board member and entered into the record a copy of a report regarding Case 98SN0221 and his remarks. He stated that the proposed request is consistent with the Comprehensive Plan for the Central Area and staff recommends approval and briefly reviewed the reasons why staff recommended approval. He displayed a copy of the park and the proposed golf course. He stated that drainage will be located to be moved away from the existing natural drainage and away from course playing areas. He further stated that this proposal is consistent with the mission and goals of the County Parks and Recreation Department. He stated that the proposal also supports draft objectives of the County's Committee on the Future Report on Youth Issues. He further stated that the County could be on the forefront and a leader in this area. He stated that the proposed request is consistent with the "Guiding Principles" adopted for the County. He briefly reviewed organizations and private foundations in support of this effort. He reviewed the goals of First Tee including teaching kids how to play golf; offering access to a golf club where they can be taught the game and be provided equipment, when needed; linking junior golf programs with other kids' organizations; providing incentives for kids to do well in school; and encouraging family togetherness. He then reviewed the programs offered by First Tee. He briefly reviewed corporate leaders in the community involved in this project. He stated that the undeveloped portion of Iron Bridge Park, which is being considered for the golf course, could be designed to house up to six ballfield complexes, each baseball complex to house four ballfield, and two additional soccer complexes. He further stated that a golf course is a less intrusive use than ballfields; that the established hiking trails in the park will remain, including the area adjacent to Reedy Branch Creek; and that up to 2.5 miles of new bike trails will be constructed. He presented an overview of the area reserved for the new bike trails, a possible location of new ballfields, and the location of the proposed golf facilities. He reviewed environmental issues and stated 5/27/98 98-387 that materials provided from the United States Golf Association, indicate that golf courses are ideal habitat for wildlife, especially birds. He stated that modern golf courses are planned to be environmentally sensitive and that no wells shall be permitted in conjunction with the golf course operation. He then reviewed terms of the lease including constructing and operating an 18-hole golf course facility; providing County "satisfactory evidence of the financial and organizational stability necessary to maintain the facility and its operations for the term of the lease"; providing appropriate property and liability insurance as approved by the County's Risk Manager to include naming the County as additional insured; opening the golf course to the public, but dedicated for children in accordance with the goals and standards of the First Tee program; the County getting use of the course twice each year; the Parks and Recreation and Chesterfield Public Schools getting use of facilities at agreed times "free of charge"; County designating First Tee Board members; no alcohol allowed at the facility; no wells for irrigation for any other purpose; the County having the right to inspect the facility and audit records; the County having the right to take back property if there is a lease default; the facility reverting to County "free and clear" at end of the lease term; no assignment, sublease or subcontract of the facilities without the County's consent; and no leasehold mortgage of facilities. He presented an overview of the scorecard that is designed for the First Tee golf course. He stated that he feels that the proposed request is a unique opportunity for Chesterfield County and requested the Board's favorable consideration of the request. Mr. Kevin Peyton, a resident of Clover Hill District, stated that he feels the issue is whether this proposal is a proper use of 150 acres at Iron Bridge Park. He stated that he does not feel the golf course is a proper use of the Park. He requested that the Board listen to County residents and taxpayers and the Planning Commission, and not the outside interests when considering the proposal. He requested that the Board not support the request. Mr. Joe April, a resident of Salem Woods Subdivision and President of the Salem Woods Homeowners Association, stated that he joins the homeowners of The Woods and Afton Subdivisions in opposition to the golf course at Iron Bridge Park. He expressed concerns relative to environmental impacts. He stated that he feels this request is an example of fleecing of Chesterfield County. He further stated that any development in Iron Bridge Park should occur according to the Park Master Plan and in-line with legal requirements. He requested that the Board deny the request. Mr. Clayton Rhoade stated that he mountain bikes and plays golf. He stated that he feels approval of this request will reduce area property values and will increase crime in the area. He further stated that there are not many areas in the County to bike and requested that the Board deny this request. He stated that the Iron Bridge Park is a good, safe place to take children. He requested that the Board consider the consequences of their vote if they approve the request. Mr. Brian Write, President of the Local Mountain Bike 5/27/98 98-388 Virginia Chapter, stated that riding in Iron Bridge Park gave him a start in mountain biking and racing and has given him the challenge and ability to find his personal and inner strength. He further stated that he volunteers in maintaining the trails at Iron Bridge Park; that it has given him self worth; and that it gave him time to spend with his son and to teach his son the values and respect of nature. He requested that the Board deny the proposed request and recognized approximately thirty mountain bike supporters who were present at the meeting. Mr. Michael Gertz stated that he supports the request for a golf course at Iron Bridge Park. He further stated that he feels the proposed golf course will give children an opportunity, not available at privately owned golf courses, to learn to play golf. Mr. Jordan Richards stated that he has been mountain biking for three years and stated that Iron Bridge Park is a good park to bike and learn to bike. He further stated that he spends more time with his family mountain biking than with any other sport. Ms. Emily Bauer, a student at Manchester High School, submitted into the record a petition of approximately 111 fellow classmates in support of the First Tee proposal. Mr. Jeffrey Richard stated that he mountain bikes and plays some golf. He expressed concerns relative to the proposed request and relative to what children will do if the bike trails are taken away from Iron Bridge Park. He stated that he volunteers his time in maintaining the hiking and biking trails at Iron Bridge Park and other County parks. Ms. Kateland Brown, a resident of the Midlothian District, stated that she is excited about the proposal as she feels all children should have the opportunity to learn to play golf. She further stated that First Tee would give her the opportunity to learn to play golf and that she could play with her family. She stated that she feels the golf course will bring many good things to the County. Mr. Elliott Zavik, a resident of the Midlothian District, stated that he is a member of the Iron Bridge Mountain Bike Club of Mountain Bike Virginia, stated that he is strongly opposed to the constructing a public golf course at Iron Bridge Park. He further stated he and many of his mountain bike club members have spent many hours maintaining the trails at Iron Bridge Park. He stated that Iron Bridge Park has one of the best biking trails on the east coast. Mr. Jimmy Reid, a student at Manchester Middle School, stated that he wants the chance to learn to play golf and that approval of this proposal would allow him the opportunity to do so. Mr. Chris Bishop stated that he resides in the Midlothian District and that he is opposed to the proposed request. He 5/27/98 98-389 further stated that he is a mountain biker and bikes at Iron Bridge Park. Mr. David Brown, a resident of Midlothian District, stated that his mom and dad plays golf and that he and his sister want to learn to play golf. He expressed concerns relative to the high cost of learning to play golf and stated that approval of the proposed golf course would allow him the opportunity to learn to play golf, without the high expense of adult courses. Mr. Michael Dart, a resident of the Salem Woods Subdivision and Secretary of the Iron Bridge Chapter of Mountain Bike Virginia, stated that they feel consideration needs to be given to those who enjoy passive activities such as hiking, running, walking, and biking in wooded natural areas. He further stated that the mission statement of Park and Recreation clearly states that it is about providing a comprehensive system of leisure programs, and educational opportunities, and recreational facilities for all its' citizens, while conserving and protecting environmental historical and cultural resources. Mr. Andrew Cosby stated that he is in the gifted program at Manchester Middle School stated that he feels the existing Park serves a good wholesome purpose just the way it is and that constructing a golf course at Iron Bridge Park is in no way beneficial to the County. He further stated that he does not feel a lot of children will use this course. He read into the record a letter he wrote to the Richmond Times Dispatch, which was published in today's paper, opposing the proposed First Tee proposal. Ms. Betsy Moorer, Advisor for the Youth Council of the Chesterfield County Branch of the NAACP, stated that she feels approval of the request would be a good way to teach children integrity and responsibility. She requested the Board's favorable support of the request. Mr. Edward Baptist, representing Blue Ridge Mountain Sports, stated that they feel diminishment of the wooded trails would constitute a serious curtailment of hiking, biking, and walking activities. He further stated that if the course is constructed, one-fifth of the existing trails will be eliminated. He stated a lot of time and effort has been made to maintain the bike trails and noted that the work on the trails is voluntary. He further stated that mountain biking encourages great attributes and sportsmanship. He expressed concerns relative to the loss of forested area in Metro Richmond and the resulting negative impact to the wetlands. He requested that the Board deny the request. Mr. Daniel Colmber, President of the State Organization Mountain Bike Virginia, showed pictures of events held at the Iron Bridge Park and other areas. He stated that there have been over 1,500 -2,000 hours of volunteer efforts to maintain the bike trails at Iron Bridge Park. He further stated that he understands First Tee's support for a public/private partnership, however, requested the Board, on behalf of the twelve Chapters of Mountain Bike Virginia, the 5/27/98 98-390 300 active paid members in Mountain Bike Virginia, 4,500 affiliated event participants throughout the State and from neighboring States, and volunteers deny the request for this particular location. Mr. John McKinney, a resident of Dale District, stated that he recently moved into the area and one of the reasons for moving was for its privacy. He further stated that Iron Bridge Park is the first place in which he has been able to ride his bike. He stated that he would like to learn values at the existing park facilities with his family rather than at a golf course. Mr. Hark Richard, Treasurer of Mountain Bike Virginia, Chesterfield Chapter, stated that they have struggled with their opinion on this request. He further stated that they attempted to negotiate with First Tee regarding this proposal, however, he feels they were not cooperative in their negotiations. He referenced a golf course being constructed at Robious and Winterfield Roads, which includes an extensive junior program and access for youth and briefly reviewed information about the course and expressed concerns relative to duplicating the effort by constructing two golf courses. He presented information from the Virginia State Golf Association and Virginia Golf Magazine regarding a proposed course to be built near Chesterfield in Powhatan County. Mr. Roger McKinney, a resident of The Park Subdivision, stated that the proposed golf course will be at his backyard; that he supports mountain bikers; and that he supports the attitude of First Tee towards children. He further stated that he supports the golf course, but not at Iron Bridge Park. He expressed concerns relative to First Tee and the County not receiving input from citizens regarding construction of this course and stated that he opposes the request. Mr. James Brickhester, Jr. expressed concerns relative to the current high level of traffic on Huntingtoncreek Drive and stated that approval of this request will increase traffic in area neighborhoods. He stated that he will respect the decision of the Board of Supervisors regarding the request. Mr. Hike Stone, a student at Bird High School, stated that he supports the request and that the course will be affordable. He further stated that he feels the golf course will be a positive influence on children and will reduce area crime. He stated that the course will also offer the opportunity for jobs and will not waste a lot of woodlands. He further stated that he feels Iron Bridge Park would be an appropriate place for this course. Dr. Frederick Nicholas, a former member of the Board of Supervisors, representing the Matoaca District, referenced a similar major request that was before the Board in 1994 regarding construction of a sports complex in Richmond, which would require the use of County tax dollars and noted the request was approved. He stated that he supports bikers and golfers. He further stated that people have referenced this project as a "social experiment" and stated he feels "social experiments" can be good or bad. He stated that he 5/27/98 98-391 feels if an unbiased survey was done of the young people for which this proposal is being projected, the young people will largely support the proposal. He requested the Board's favorable consideration of the request in an effort to do something positive for the young people. Mr. Frank Schahopka stated that he resides near Hopewell and expressed concerns relative to the County giving up public land to a private group for practically free. He inquired as to the use of the income generated by the golf course, if constructed. He expressed concerns relative to the limitations that would be placed on use of the course by First Tee and inquired about the appointment process of First Tee's Board of Directors. He expressed concerns relative to the loss of woodlands if the course is constructed and stated that he feels the proposal needs to be further addressed before a decision is made. Mr. Don Jones, a resident of Matoaca District and Senior Vice President for the YMCA of Richmond, stated that two facts are that 4,000 people in Chesterfield live below the poverty level and thousands more are just above that level. He further stated that he supports bike trails, however, he feels this golf course will serve thousands of children. He further stated that the YMCA will be happy to partner with First Tee in this endeavor. Mr. Charlie Smith, a physical education teacher in Chesterfield and a golf coach, stated that he feels children need to be given the opportunity to learn the game of golf. He further stated that First Tee would provide more young people the chance to learn the game. He stated that he feels the proposed golf facility would be a great asset to the County and its youth. Mr. Robert Harvey, a resident of Ettrick and President of the Chesterfield Branch of the NAACP, stated that he feels Chesterfield County has become a leader in the region. He further stated that he feels approval of this proposal would be the right thing and now is the right time to do it. He stated that this is another example of regional cooperation and requested the Board's favorable consideration of the request. Mrs. Marge Bower, a resident of the Matoaca District, submitted petitions with 114 people in support of the First Tee proposal, noting that almost half of the signatures are residents of the Matoaca District. She stated that she supports the proposal because it is an affordable way for children to participate in group sports and that she feels it will keep children out of trouble and give them something positive to do. She requested the Board to take a positive step forward and approve the proposal. Ms. Veronica Templeton, Executive Director of Youth Matters, presented each Board member with a copy of their annual report. She stated that Youth Matters is an organization 5/27/98 98-392 comprised of forty individuals from Chesterfield, Henrico, and Richmond. She further stated that the mission of their organization is to improve the health and safety of youth in the region through inclusion and collaboration and to increasing the number of effective and quality programs for young people. She stated that she supports the proposed request and stated that she feels the program is an excellent example of a prevention program. She further stated that she feels this program will be an asset to Chesterfield County. She acknowledged teen crime rates in the County and stated that more programs, such as the proposed golf course, need to be in the County. She requested the Board's favorable consideration of the request. It was generally agreed to recess for five minutes. Reconvening: A citizen stated that he supports the request and acknowledged the increase in violence in young people activities. He further stated that there needs to be more programs added for children and requested the Board's favorable consideration of the request. Mr. David Roache, a resident of Glenwood Subdivision, stated that he is involved in many sports, including golf, and that he is opposed to the proposed golf course. He further stated that he does not feel golf is the answer to curing young people of their problems. He stated that he feels people are using the youth in an effort to get this proposal approved. He entered into the record a petition of fifty- nine signatures in opposition to the proposal. He requested the Board to deny the request. Ms. Pat Rollins, a resident of the Bermuda District, stated that her son, John, is currently the Virginia State Golf Amateur Champion and has turned professional. She further stated that it was very difficult to get her son to this point and to pursue his dream. He stated that it is very difficult for children to learn the game of golf, however, the foundation of First Tee is a great opportunity for many children to learn the game. She requested the Board's favorable consideration of the request. Mr. Skitch Rudy, a County resident, stated that he opposes the request and that the people who have spoken on behalf of maintaining the Iron Bridge Park in its existing condition have spoken with a true concern and a desire to preserve this Park. He expressed concerns relative to the terms of the lease. He requested that the Board listen to the citizens' concerns. He expressed concerns relative to the First Tee being able to use any of the net income for any purpose in which they choose, including using it for other facilities. Mr. Steve Gualkey, accompanied by his son Daniel, and a resident of The Park Subdivision, stated that his sons play several sports and assist in the clean-up at Iron Bridge Park. He further stated that he consulted six area 5/27/98 98-393 neighbors this afternoon, five of which supported the request and one in opposition. He stated that he personally spoke with the owner of Bermuda Golf Course who supports this endeavor. He further stated that he has attended many meetings regarding the proposed golf course and even though there has been a lot of opposition, there has also been much support. He entered into the record a petition of seventy signatures in support of the proposal. He then introduced his son, Daniel. Mr. Daniel Gaulkey, a student at Lloyd C. Bird High School, stated that he and many of his friends enjoy playing golf. He entered into the record a petition of 120 signatures from students who attend Bird High School, in support of the proposal. Mr. Bill Hastings, a resident of the Matoaca District, stated that he is opposed to First Tee's proposal. He further stated that he is affiliated with Pocahontas State Park; that he has gotten to know the Mountain Bike of Virginia group who have donated over 1,500 hours in building trails, etc. at the Pocahontas State Park. He stated that he feels going through a bond referendum for a golf course is the right direction to go. He further stated that many people, whether opposing or supporting this request, care for the children. He stated that he feels the issue is land use and how the County can most effectively meet the needs of under-privileged children in the community. Mr. Ralph Bowling, a resident of the Matoaca District, stated that he supports the proposal. He further stated that he has worked with the youth in Chesterfield for the past ten years. He stated that over those ten years he has learned that children need to be provided the necessary resources, which assists them in becoming productive citizens. Mr. Tom Sharing, a resident of the Treemont Subdivision, stated that he regularly hikes the bike trails at Iron Bridge Park He commended everyone involved for their efforts in maintaining the trails at the Park. He stated that he hopes the Board will continue to allow the excellent development and maintenance of these trails so that everyone has the opportunity to enjoy this very special area. Ms. Ellen Cosslett, a resident of Iron Bridge Road, stated that her property abuts Iron Bridge Park. She further stated that she has a pond located in her backyard in which bird migrate each year. She stated that she cannot accept the destruction of the wildlife and habitat currently enjoyed in this area. He further stated that she does not want a golf course located adjacent to her yard as she feels it will destroy her pond. She expressed concerns relative to the loss of her pond and wildlife in the area if this course is constructed and stated that she feels there are ample golf courses in the County. Ms. Diana Parker, representing the Sierra Club of the Falls of the James Chapter, read into the record a letter from the Environmental Education Chairman, expressing their support of the Planning Commission's recommendation to deny the proposed request and requesting the Board of Supervisors to deny the request as well. She stated that she is also 5/27/98 98-394 representing herself as a Bermuda District citizen and expressed concerns relative to the negative environmental impact to the area if this course is constructed. She further stated that she feels the old growth hardwood forest should be preserved in its natural state to buffer future uses at the Park and to allow multi-use passive activity. She further stated that she received a certification from the U.S. Army Corps of Engineers stating "that the current project has a jurisdictional wetland; the property is planned to be used for a public children's introductory golf course; no plan of development has been submitted for review; all of the property is in hardwood forest, laced with numerous bike trails; surface elevations range from 150 to 194 feet above sea level; surface water drainage is in a northern direction toward the creek; Reedy Creek is a large rural system that is quickly becoming urbanized, it generally drains east to Kingsland Creek which drains into the James River; a few minor hydrology modifications were present in the form of man-made ditches excavated in uplands; and these modifications did not have any apparent effect on the delineated wetland system." She entered into the record a copy of the Site Report and pictures showing the types of hardwood trees located at Iron Bridge Park. She requested the Board to deny the proposal. Ms. Patti Edwards stated that she mountain bikes and many people and families bike at Iron Bridge Park. She further stated that she is also an active volunteer member with the inner-city youth. She stated that she deals with children a lot and that she does not feel golf will solve their problems. She requested that the Board support another location for the golf course. She stated that she also feels there is a lack of mountain bike trails in the County. She further stated that she is also representing two other gentlemen this evening, who were unable to attend the meeting, in opposition of the request, Ms. Betty Taylor stated that she and her husband have resided on Ironbridge Road for forty-two years and requested that the Board deny this request. She further stated that Iron Bridge Park is a great Park for senior citizens and commended the maintenance of the Park. She expressed concerns relative to the environmental impact to this Park with the construction of a golf course. She stated that she feels Iron Bridge Park is a very safe Park, however, she does not feel there will be ample supervision for the children that will be using the golf course. She further stated that she does not feel Iron Bridge Park is the proper location for the proposed golf course. She expressed concerns relative to the walking trails that will be eliminated if the request is approved. She stated that the golf course would be good if it were located somewhere else. Ms. Dorsey Oman, a resident of the Midlothian District and a volunteer with First Tee, stated that she is also a member of the Planning Committee for the Youth Matters Program and President of the Community Foundation serving Richmond and Central Virginia, which financially supports a variety of public programs serving young people and enhancing public life in the community. She further stated that she supports this program from a youth perspective as an economic development tool for the County and the region and an 5/27/98 98-395 enhancement to publicly owned property that will remain titled to the County. She stated that there is no commercial nature to this project. She further stated that First Tee will receive no personal enumerations for this project. She stated that in the lease, there is not only a governance rule, specifically for a member for the Board of Supervisors to appoint a representative, but the County currently has volunteers from the region including three additional members who are Chesterfield County residents, who are serving in a volunteer capacity. She further stated that the lease terms provide and require on-site inspections by representatives from the County, financial accountability, and independent public audit. She stated that all public, charitable organizations, which is the structure of First Tee program, are required to make their documents as a public charity available for public inspection. She further stated that in addition to the enthusiastic financial and volunteer support of Richmond First Tee Board of Directors, an additional $100,000 commitment has been made from the national First Tee program, which is a direct cash assistance, in addition to the technical assistance and support that is being provided at the national level. She stated that uncompensated assistance is being provided by Colonial Golf Design; that golf equipment is being donated by Arnold Palmer, McGuire Woods and Williams Mullen Christian & Dobbins law firms, Timmons, PDS, Incorporated, and Williamsburg Environmental. She further stated that PGA of America confirmed that the proposed operating plan of the Richmond First Tee Program would be conservative and attainable. She encouraged the Board to support the proposed request and stated that she feels the proposal is an excellent example of public/private partnership. Mr. John Early, a resident of Evergreen Subdivision, indicated concerns as to whether the First Tee organization has the ability to manage this business and to the County giving away public property. He stated that he would hate to see a recreational experiment fail in Chesterfield County. He requested the Board deny the request. Ms. Chrissy Apperson, a resident of the Midlothian District, stated that she is a beginning golfer. She read portions of a letter in which she wrote to members of the Board stating that she has worked on a golf course for the past eleven years and can attest that a golf course can be a haven for abundant wildlife, such as plants, trees and animals. She stated that Iron Bridge Park has wonderful trails as well. She requested the Board's favorable consideration of this request. Ms. Sandy Cosby, a resident of Kingsland Road, stated that her property backs up to Iron Bridge Park at Reedy Branch Creek. She expressed concerns relative to the legality of this proposal and noted that matching grant funding received from the State years ago were given for the purpose of preserving the Park in its natural state. She stated that an impact and archeological study are required if requested by the citizens. She read portions of the National Environmental Policy Act of 1969 requiring federal government agencies to address environmental consequences of proposed actions. She referenced portions and objectives of past County grant applications. She expressed concerns 5/27/98 98-396 relative to the woodlands that will be eliminated and buffering that the trees provide. She stated that an archeological survey was performed in 1984, which stated that additional archeological surveys would be required for areas not addressed in this report. She expressed concerns relative to the preservation of wetlands in this area and to the RPA. Mr. Jerome Dodson, a resident of the Midlothian District, read portions of a letter he sent to members of the Board of Supervisors expressing the natural wildlife sanctuary that a golf course can provide, noting that he works at a golf course maintenance facility. He requested the Board's favorable consideration of the request. Ms. Terri Tingen, a resident on Reedy Branch Road, expressed concerns relative to who would incur the cost of litigation if citizens take further legal steps against the County if the request is approved. She expressed concerns relative to residents of the City of Richmond supporting the proposed project when they opposed the project in the City of Richmond. She stated that a child's character is not helped by playing golf, rather by spending time with them, learning their needs, and the influence and guidance of loving parents. She expressed concerns relative to the lease being thirty years and indicated that she feels an independent study should have been conducted regarding this project. Mr. Albert Myers, Jr., a golf course superintendent in Chesterfield, stated that his son is looking forward to playing golf. He further stated that he feels the First Tee program course will provide a safe and affordable option for him to learn the game of golf. He stated that he feels this course would be a nice addition to the already fine recreational facilities in the County. He noted the benefits of turf grass and requested the Board's favorable consideration of the request. Mr. Joe Crockett, a Midlothian District resident, stated that he has attended many meetings regarding this issue. He noted that petitions with approximately 400 signatures, in opposition of the request, was submitted to the Planning Commission. He expressed concerns relative to the financial impact to County citizens if the golf course fails. He requested that the Board support the recommendation of the Planning Commission and deny this proposal. Mr. Tom Yeager, a resident of the Clover Hill District and Commissioner of the Colonial Athletic Association in Richmond, stated that he feels the County needs to respond to the diversity which exists in the County. He further stated that he feels this proposal is a win-win opportunity in which the golfers and bikers will both be well served. He noted that the proposed Virginia Golf Association was to be a high skill level competitive course for the State's best golfers. Mr. Brit Ragle, a resident of Winterpock, stated that he rides motorcycles and plays tennis. He further stated that he supports the golf course at Iron Bridge Park and that he feels the course will give children and many others the opportunity to learn the game of golf. He expressed concerns relative to the high cost of current country club 5/27/98 98-397 fees. He stated that Chesterfield County should be commended for being proactive in this venture and that it is an opportunity the County should not pass up. Ms. Patricia Lohr, President of Fuqua Farms Civic Association, expressed concerns relative to giving the Park away without a vote by County residents. She stated that they feel First Tee can provide a golf opportunity in another area and requested that the Board deny the golf course proposal. Mr. Mike Felker, a resident of Clover Hill District and a member of the Professional Golfers Association of America, Mid-Atlantic Section, for twenty-eight years, stated that he feels this proposal is an unfair business practice. He further stated that this project is on too much of a fast track, deriving from the Tiger Woods Foundation, which is an effort to get inner-city children involved in golf. He requested that the Board do the right thing when considering this request. He expressed concerns relative to inner-city children being able to play golf for free, but Chesterfield children having to pay a fee. He stated that if the proposal is approved, all children should be able to play for free. He further stated that character and integrity is not learned by playing the game of golf and urged the Board not to approve the proposal. He suggested that the County file for federal and State funds to purchase the old Pocoshock Golf Course for public use, thereby reaping the profits. He requested the Board consider citizens' concerns when considering this request. Mr. Hollum McCabe stated that he has resided in the County for thirty-five years. He further stated that when he voted on the bond issue in 1984, he voted for a park, not a golf course. He requested that the Board postpone action on the proposal and place it on a ballot for a citizens' vote. He stated that he does not feel a golf course is needed in this area. He further stated that he feels the Iron Bridge Park would be destroyed if a golf course was constructed. He stated that he feels the name should be changed to Chesterfield First Tee if it is located in Chesterfield. Ms. Myrna Caffrey, a resident of Matoaca District, expressed concerns regarding the lease as it relates to Section 16., which gives Richmond First Tee permission to mortgage the lease hold property with written consent of the County and noted that she feels this clause should be deleted. She expressed concerns relative to Section 10.c. which states "any operating net surplus may be designated for development or maintenance of additional facilities" and stated that she feels that clause should be deleted. She expressed concerns relative to Section 10.a. which states that "the Facility will be open to the general public in accordance with the goals and standards of the First Tee Program" and stated that she feels the County should be guaranteed a block of time for general public use. She further stated that, relating to Section 10.b., that since County taxpayer dollars are subsidizing the golf course, the lease should stipulate all Chesterfield County residents are to receive a substantial discount. She stated that she feels all senior citizens should be allowed to play free one day per week. She referenced that Section 10.e., which states that "the facility, golf course, practice green, and driving range shall be made reasonably available free of charge for 5/27/98 98-398 County Parks and Recreation instruction programs and to Chesterfield public schools for physical education classes and school tournaments during non-peak hours, subject to the Facility's capacity restrictions and on a schedule to be agreed upon..." and stated that since the County is providing the land for free, she feels the County should be guaranteed a block of time for these programs. She stated that Section 7. states that "The County shall bear the cost of extending water utilities to the property line..." and that, traditionally, developers are required to bear the expense of utilities' extensions. She stated that she feels Richmond First Tee should at least pay Chesterfield County taxes, based on fair market assessed value. She further stated that she feels that the proposed lease is in favor of First Tee, not the citizens of Chesterfield County. She requested the Board to deny the golf course. Mr. Warren requested a copy of Ms. McCaffrey's remarks. Mr. Joe Girone, representing the Jefferson Davis Corridor Association, stated that they support the First Tee Program. He further stated that he is also a member of the Falling Creek Middle School Council and quoted a statement by the Principal of the school stating that "I am glad to have the opportunity to teach my kids how to play golf. We have never had this before in Chesterfield County. He stated that he visited Iron Bridge Park and stated that he feels the facility could be a win-win situation. He further stated that he feels if many people in opposition of the request could get past their first level of thought process, this could be a win-win situation for the entire County and its residents. He requested he Board's favorable consideration of the request. Mr. George Beadles stated that nothing remains the same over time. He further stated that he feels there should be a conditional use governing all parks with a master plan and it not allowed to be changed without changing the conditional use. He requested the Board approve the request and indicated that he also would like to see the bike trails remain. Mr. Robert Wrenn stated that he played golf on the PGA tour and is now a golf announcer on ESPN and grew up in Chesterfield. He further stated that he was fortunate enough to have parents who were members of a private golf club as he was growing up, which gave him unlimited access to playing golf. He stated that he feels golf teaches a person a lot about themselves, integrity, and interaction with each people. He further stated that he feels the First Tee program would provide a variety of recreational activities. He stated that he feels lots of children would like to learn golf, but it is strictly a factor of accessability and affordability. He further stated that he is a First Tee Board member and he has never received any type of payment from First Tee and never will. He stated that First Tee is "first" because it is "first" for children. Mr. Walter Marsh, a Chesterfield resident, stated that he does not feel this project rises to a level high enough to place it as a priority on the capital budget. He further stated that he feels the demands on the taxpayers are too 5/27/98 98-399 high. He expressed concerns relative to proffered condition number 4, regarding setbacks and to number 5, regarding design to keep golf balls out of adjacent properties. He stated that he feels setbacks should be 300 feet, not 100 and that proffered condition number 5 needs to be more restrictive to minimize balls hitting homes. He further stated that he feels the County should afford the adjacent property owners the same protection as public rights-of-way. Mr. Gary Hadder, a resident of Henrico County, stated that he feels this is clearly an issue about the choice of the resources in Iron Bridge Park. He further stated that golf has many positive impacts on his life. Mr. Willard Childress stated that he does not feel a golf course should be located at Iron Bridge Park and expressed concerns relative to the negative impact the golf course would have on the environment. He further stated that he does not feel the plan will work and that the County should not risk the chance. He referenced the federal grant for the Park, specifically as it relates to protection of natural resources; the amount of acreage that is to remain undisturbed; and to fees relating to activities at the Park. He stated that Henrico County has a public golf course and that in June, 1997, 259 rounds of youth golf was played and in February, 1998 eleven rounds of youth golf was played. He noted that the cost for youth playing at that golf course was approximately $10 per round. He stated this entire proposal needs to be reviewed further. He further stated that he would like First Tee to have a target regarding the amount of golf that will be played and if the target is not reached, the sponsors of the project could be compelled to make changes. He further stated that as it relates to the lease, he feels that the proceeds from sale of timber should be given to the County and that First Tee should also pay for extending the water lines. He stated that the dirt also belongs to the County and that if a pond or lake is constructed, the County should also be given the proceeds from the sale of any such dirt. He requested that the Board deny the proposal. Mr. Jim Blatley, a resident of Huntingcreek Hills Subdivision and an adjacent property owner for seventeen years, stated that he opposes the request. He further stated that County parks need passive recreational areas as much as they need playing fields, etc. He referenced the federal grant that would allow 1/3 of Iron Bridge Park to remain undeveloped. He stated that he does not feel Iron Bridge Park is the proper place for a privately owned golf course. He further stated that as far as he is aware, this is the only public/private partnership that will take park land and convert it into a privately owned, fee based facility. He requested that the Board deny this request. He stated that he hopes that the Board would also consider any future proposals to develop the few passive recreation areas left in the County. He suggested that the County give First Tee some other idle County land, not park land. He requested that the Board keep this property as a nature preserve. Ms. Leigh Spore, a resident of the Clover Hill District, stated that she opposes the golf course as too much of the County's natural resources would be taken away. She further 5/27/98 98-400 stated that she feels this property should remain in its natural state and requested that the Board deny the request. Mr. Paul Mickian, a resident of Clover Hill District, and representative of the Professional Golfers' Association and President of the Southern Chapter, stated that he supports junior golf. He further stated that he feels this golf course will be a success. Mr. Dave Floor, a resident of Plum Creek Subdivision, stated that he feels the proposal is a bad idea. Ms. Ruth Kersey stated that she is opposed to the golf course at Iron Bridge Park. Mr. David Brown, a resident of Midlothian District, stated that he feels First Tee is looking to develop the game of golf for family and kids -- not to reap the benefits of money. He stated that he plays golf and his family is learning the game. He further stated that he supports construction of the golf course. Ms. Phyllis Latay stated that she opposes the request. She expressed concerns relative to the loss of the trees if the course is constructed, noting the age of some of the trees being 200-300 years old. She requested the Board deny the request. Mr. Ruben Waller, a resident of the Midlothian District, stated that he supports the request and requested that the Board approve the request. He further stated that he feels the golf course will add a valuable commodity that is missing in the quality of life in Chesterfield County. Ms. Irene Reece stated that she does not feel the golf course is viable for the community and that she feels the proposal needs to be further addressed. She expressed concerns that an impact study has been conducted and stated that she feels many other types of studies need to be considered as well before a decision is made regarding this proposal. Mr. Barton Vanderherthen stated that no social or scientific study has guaranteed that this program will work. He further stated that he feels there has been a lack of courtesy to those who reside in this area. He stated that he enjoys Iron Bridge Park and expressed concerns that a majority of those in support of the request do not reside in the proximity of the Park. He expressed concerns relative to the increase in congestion in this area if the golf course is approved. He stated that other people, not only children, need to be considered as this proposal is voted on. Ms. Nancy Finch, Chairman of the Citizens for Responsible Government, stated that she does not like to see this proposal being described an anti-environmental issue. She further stated that the Citizens for Responsible Government request the Board's favorable consideration of the request as they feel this effort will provide a wholesome and healthy opportunity for outdoor activity for young people and others in the community. She commended community members who have made this endeavor possible. She entered 5/27/98 98-401 into the record a copy of her remarks. A citizen expressed concerns relative to the negative environmental impact that the golf course will have on the area; whether the course can be funded next year; and whether the course will be appropriately staffed. She requested that the Board further address this proposal before making a decision and expressed concerns relative to giving away this Park land. Mr. Glen Golkey, a student at Lloyd C. Bird High School, stated that many of his friends support the golf course proposal and requested that the Board support the request. Mr. Tom Mathews, a resident of Midlothian District, and one of the owners of Rockwood Golf Park, stated that he has just commenced construction of a $2.5 million golf practice facility on Hull Street Road. He further stated that, like First Tee, his company is prepared to make a $2.5 million investment and create approximately twenty jobs in Chesterfield County. He stated that they did not ask the County to donate public land to their project and that they will be paying County taxes. He further stated that they oppose the golf driving range portion of the First Tee proposal because it is wrong for Chesterfield County to subsidize a golf driving range that will compete directly with privately owned driving ranges. He stated that the private sector is already fulfilling the need for golf driving ranges in the County, which provide inexpensive programs for children to learn to play golf. He stated that they support First Tee's endeavor, however, are requesting that the lights be removed from the golf driving range so that First Tee will not directly compete with existing ranges. He presented an overview of a map showing the ten mile radius markets of each respective facility. When asked, he stated that he anticipates opening of their facility by Labor Day. Mr. Darren Gardner, representing Kingsland Meadows Subdivision and three property owners whose agriculturally zoned property surround Kingsland Meadows Subdivision, submitted into the record a copy of a petition with nine signatures out of eleven homeowners in the Subdivision, supporting the golf course proposal. He commended First Tee for this endeavor and all the investors who are willing to put their money back into the community. He stated that he feels that it is time that Chesterfield embarks on new territories and requested the Board's favorable consideration of this request. Mr. David Cosby, adjoining property owner to Iron Bridge Park, entered into the record a copy of the Application to the Commonwealth of Virginia Commission of Outdoor Recreation for Matching Grant Funding (recommendation for recreation access funding for Dale Park Phase I Development). He commended Mr. Daniel for his efforts regarding this proposal. He briefly reviewed sections of the Application. He expressed concerns relative to constructing a golf course at Iron Bridge Park and to issues surrounding the irrigation of Iron Bridge Park. He stated that the County agreed to leave one-third of this property in a natural passive state. He also entered into the record copy of information from The Contract Bond Book 5/27/98 98-402 relating to Owner-Building Bonds to Lender. He expressed concerns relative to the lease agreement and stated that the lease is very vague. He requested that the Board deny this request. Mr. Fred Tattersall, President of the National First Tee Chapter in Richmond, stated that First Tee will not benefit financially from this program. He further stated that the organization is youth-oriented. He stated that their goal is to address the major problems of affordability and accessibility as it relates to children and golf. He further stated that a driving range is necessary to teach children the game of golf and that they do want lights available at the range to help raise revenues because they want to subsidize the programs for children. He stated that the Virginia State Golf Association hopes to construct a golf facility in the future, however, the focus will not be children. He further stated that one of their purposes is to try to locate in a moderate income area. He further stated that he feels this program will be a great project for everyone in the County. Mr. Woody Edwards, a resident of Kingsland Woods Subdivision, stated that he feels a main issue is that the project is being forced without all the details being addressed. He presented a 1983 Master Plan of Iron Bridge Park, showing a number of nature trails. Mr. Mike Thomas, a resident of the Dale District, stated that public/private partnerships are good, however, he feels it is different in this situation because this proposal will disrupt the interest of many citizens. He further stated that he does not feel people are opposing the request because they are opposed to change, but are opposing change without input. He acknowledged that it was the citizens' votes that enabled the bond referendum to pass and provided the funds for Iron Bridge Park to be constructed. He inquired as to the County's unwillingness to abide by the conditions. Mr. Jim Murphy, a partner in the Rockwood Golf Park on Hull Street Road, acknowledged the taxes that their business pay to the County. He stated that First Tee has much less costs and that lights at their driving range are not necessary. Mr. Tim Merry, a resident of the Midlothian District and Executive Director of Richmond First Tee, stated that this is a win-win situation for everyone. He further stated that he is the only First Tee member that is paid. He stated that they are currently in open discussions with the City of Richmond to also construct a golf course in the City. He briefly reviewed the process that took place in the City of Richmond which eventually led First Tee to seek a site in Chesterfield. He stated that there are hundreds of requests being made to the National First Tee in an effort to become part of the First Tee program. He requested that the Board give the First Tee Program a chance to prove its benefits. When asked, he stated that the National First Tee currently has projects at five existing golf facilities in other States where they are refurbishing existing courses. There being no one else to address this issue, the public 5/27/98 98-403 hearing was closed. Mr. Cogbill stated that the issue raised is that this project would be good "somewhere else" and that putting a project "somewhere else" always seems to be a good idea. He further stated that life holds no guarantees. He stated that mountain bike people have been good stewards of the land and that he believes in what they are doing and have done. He stated, however, that the petition submitted by the mountain bikers, in opposition to the request, had 186 of the 390 signatures by residents of the City of Richmond. He further stated that the applicant is trying to build a new facility that benefits the County. He stated that he feels the mountain bikers have legitimate concerns, however, he feels the concerns are being addressed by staff. He requested that the Board be a leader in local government and support this request. He read portions of a letter from former President George Bush supporting this request. Mr. Daniel expressed appreciation to everyone for their input. He stated that many meetings have been held regarding this request which is very complicated. He further stated that the issue of golfing for children is not the only issue. He stated that the core issues relate to, in his judgement, a trust in government; whether taxpayers give large blocks of acreage to a private organization for only $800 per year; whether the Parks and Recreation Department, with the Board's concurrence, take away existing uses at parks for the benefit of a private venture. He inquired as to what process has changed that allowed the County to move in this direction so quickly. He stated that he supported his colleagues in moving forward because of the opportunity. He further stated that he feels the Board failed, along the line, in dealing with the public regarding the entire venture. He stated that the Planning Commission has recommended denial of the proposal. He further stated that he has reviewed the transcripts and videos of the Planning Commission meeting in an attempt to gain public comment on both sides of the issue. He stated that at the Planning Commission meeting there were twenty-two speakers in opposition and sixteen in support. He further stated that there were approximately 60-70 speakers this evening with the ratio in support and opposition almost equal. He stated that the facts are that in 1978 a bond referendum was held and there was no provisions for a central area park. He further stated that from that bond referendum, the County made technical adjustments for lighting and secured some funds. He stated that using those funds, approved by County voters, Iron Bridge Park has been blessed with a continuous and orderly development. He further stated that as far as the strategy to deal with young people, the County has a long-range planning committee which is dealing with involvement and opportunities for children and that recommendations will be brought before the Board of Supervisors by this committee in the future. He stated that the lease originally was for twenty years and now it is for thirty years. He stated that the original concept for this particular tract included an amphitheatre, which the Board has never taken any action on, it included nature centers, entrances from Kingsland Road, biking and hiking trails, but no golf course. He stated that there was a survey conducted which concluded that golf was not even in the top ten sports desired by County citizens. He further stated that at no 5/27/98 98-404 time was a golf course earmarked for this property. He further stated that at no time has the Board of Supervisors ever agreed to, or suggested, partnership, ownership, or having its own municipal course. He expressed concerns relative to the lease and stated that the County has never given any public property away without securing a significant return on investment for the public. He stated that he contacted Mr. Tod Leiweke, Executive Director of First Tee, regarding this request. He further stated that conversations revolved around naming the organization Chesterfield First Tee and the market boundaries of the facilities. He stated that he does not feel this is a lease of value, but one of convenience. He expressed concerns relative to the language in the lease relating to land lease fees and stated that there is a heavy price for land disturbance. He expressed concerns relative to the burden to the taxpayers at the end of the thirty years. He indicated the lease is not restrictive enough. There was brief discussion relative to the cost of extending the water lines. Mr. Daniel stated that First Tee has appropriate liability, however, if any lawsuits result from the facility, citizens will go after the deep pocket theory because the organization is not self-insured. He further stated that he did not see anything in the lease that would require First Tee to cover all costs, fees, awards, or any other legal bills that may come forward from such lawsuits. He stated that if the facility defaults, the County will be held responsible. He further stated that he feels First Tee is truly sincere in helping young people, however, the organization is new, has a limited staff, and that their funds are available for only three years. He stated that First Tee will sanction a three or nine hole course, therefore, the County has the option of doing much less than an eighteen hole golf course. He further stated that he does not feel this project is the public's will. He expressed concerns relative to First Tee, during the approval process, requiring alcohol and lacking a business plan. He stated that he feels traffic will increase in this area if the golf course is constructed and that environmental issues need to be addressed. He referenced the comment of Dr. Nicholas regarding the Natitorium, which was to be a regional effort to bring the Olympic Festival to the metropolitan area and that after the Olympic Festival, it was to be marketed for children. He stated that area localities did not support the County in this endeavor, therefore, the facility was not constructed. He further stated that he would prefer a referendum regarding the project. He stated that the County still has the opportunity to compromise and an opportunity to still move forward. He further stated that he would suggest working with the private sector in an effort to look for another location. He stated that the Board has been exposed to a lot of information regarding this project. He further stated that he was made aware that the bike trails at Iron Bridge Park are currently used for community policing efforts. He further stated that he feels there are too many unresolved issues that need to be further addressed. He stated that he does not feel the Board has heard from the will of the people to assure that there is total support for this project. He further stated that no business plan has 5/27/98 98-405 ever been submitted and that the lease does not give long- term protection to the County. He stated that there is no reference to public use of golf in the current Capital Improvement Program. He further stated that he plans to make a motion for denial at the appropriate time, however, he would support a long-term deferral. He stated that he does not feel the paper before the Board is ready for a public affirmative vote at this time. When asked, Ms. Joan Salvati, of Environmental Engineering, stated that with golf courses, there is always a potential for nutrient, as well as pesticide and herbicide runoff. She further stated that her comfort level for this project is elevated because of proffered condition number 9 requiring a nutrient management plan and proffered condition number 4 requiring buffering which will filter nutrient or pesticides run-off from the golf course. Discussion, comments, and questions ensued relative to the site plan approval process as it relates to this request; the site plan process being a public process; the adequacy of the environmental assessment; the appeal process on a site plan decision; environmental requirements; and the timing of the Corps of Engineers and DEQ approvals. Mr. Warren stated that he feels it is normal for the Board to take action prior to detailed plans and studies being finalized. He further stated that he does not feel it would be normal to wait for the necessary permits and then take action on the proposal. There was brief discussion relative to what activity can occur without having a land disturbance permit; the timeframe in receiving a land disturbance permit; and to County staff ensuring appropriate approval is obtained before the project moves forward. When asked, Mr. Micas stated that there are no indications that there are any legal barriers that would prohibit or preclude the State from approving this golf course use. Discussion, comments, and questions ensued relative to the mountain biking community working closely with Pocahontas State Park on the construction of a new bike trail; there being approximately ten miles of new bike trails being completed soon at Pocahontas State Park; and to the difference between this proposal and that of the Sam Snead Golf organization to start a Virginia golf trail. Mr. Cogbill stated that the applicant did attempt to initiate discussions with the County regarding First Tee assisting in the funding of the new trails at Western Area Park, however, was unsuccessful. He further stated that he would be willing to recommend to his client to begin that dialogue again, however, he does not feel he could make a commitment tonight regarding this issue. Mrs. Humphrey stated that there are several mountain bike groups who should be part of the discussions with First Tee and County staff regarding the construction and funding 5/27/98 98-406 issue for the new trails. Discussion, comments, and questions ensued relative to the efforts that the mountain bike group has put into the construction/ maintenance of the trails at Iron Bridge Park; whether a permitting process was followed as it relates to trail construction; there being no formal agreement that the trails would never be eliminated; the types and location of trails at Iron Bridge Park; approximately six miles of trails being eliminated at Iron Bridge Park if the course was constructed; the construction of two to three miles of trails, which would be more along the beginner type trails; bikers being able to use the trails at the same time as golfing is taking place; cart paths being constructed on the course; citizens being able to walk the course so long as there is no golf activity taking place; and the length of the cart paths for this golf course being approximately three miles. Mr. Warren stated that he feels the mountain bikers need to be included in future recreational committees to assist in decision- making processes. Mr. Golden stated that County staff work with and will continue to work with the Mountain Bike Association. Mr. Daniel stated that it appears that he does not have enough votes to sustain his position, but requested that the Board not consider the lease at this time because it has many judiciary issues that need to be further addressed. Mr. Warren concurred with the request regarding the lease made by Mr. Daniel. Mrs. Humphrey also concurred with the comments expressed by Mr. Daniel. Mr. McHale stated that he was prepared to make a motion. He further stated that he has very mixed emotions about this request. He stated that he feels it is difficult to act upon a case such as this, particularly, when it is located in another Board member's District. He further stated that he has enormous respect for Mr. Daniel. He stated that this is a land use issue and that he feels the zoning is keeping with the Plan. He further stated that he feels there are reasonable alternatives for the mountain bikers; that the golf course will allow young children the opportunity to play golf; and that he feels this proposal is a worthwhile project. He further stated that he is alarmed and feels that it is very dangerous that there is a use in the County parks that has become, in some peoples eyes, vested without any action by the Board of Supervisors. He stated that he feels the County needs to be careful about who is using County parks and how they are using them. He further stated that he is comfortable that the environmental issues will be addressed at the appropriate time and place. He commended everyone for their input. Mr. McHale then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 98SN0221 and accept the proffered conditions. Mrs. Humphrey stated that the site plan process is where 5/27/98 98-407 many environmental issues will be addressed. She referenced a letter from the Commonwealth of Virginia, Department of Conservation and Recreation, regarding there possibly being a protocol challenge to whether Friends of Pocahontas State Park can actually issue an official position on a zoning request in Chesterfield County. Mr. Daniel offered an amendment to the motion to add a proffered condition that states that no trees or land disturbance will occur until all necessary permits have been secured. He stated that he feels this amendment would raise the comfort level of many people. Mr. Warren stated that he feels Mr. Daniel's amendment is a legitimate request. Mr. Ramsey stated that the County's normal process is that the land disturbance permit is issued once they meet the County's requirement and notifications are sent to DEQ, while some of the other approvals are being reviewed. He further stated he understands Mr. Daniel's amendment to prohibit any construction/activity until all permits were secured, which would be outside the normal process. Mr. Daniel stated that the fears of citizens are that something will fall through the cracks and this amendment to the motion would show that the Board is going the extra mile and restore some faith in the Board of Supervisors. No one seconded Mr. Daniel's proposed amendment to the motion. Mr. Barber stated that he was unaware that mountain bikers were using Iron Bridge Park and that he now has a new respect for mountain bikers. He further stated that as appointments come forward on the Parks and Recreation Advisory Commission, it would be good for mountain bikers to be considered to serve. He stated that last year Chesterfield County secured 800 acres of wildlife refuge at Dutch Gap and the Board concurred with the need to secure that wildlife refuge, on behalf of County citizens. He further stated that the County has done some good, creative things, not duplicated anywhere else in the country, in order to preserve its natural resources. He stated that for those reasons he is comfortable with supporting the motion. Mrs. Humphrey called for the vote on the motion made by Mr. McHale, seconded by Mrs. Humphrey, for the Board to approve Case 98SN0221 and accept the following proffered conditions: Uses shall be limited to the following: A golf course and driving range, plus customary accessory uses to include, but not necessarily be limited to putting greens; a clubhouse; a pro shop; a snack bar/restaurant; an office for maintenance personnel; maintenance facilities; parking for maintenance vehicles, golf carts, and emergency vehicles; and other such uses that are customary accessory and incidental to golf course use. The golf course and customary accessory uses to the golf course shall not be open to the public between the hours of 9:00 p.m. and 7:00 a.m. The driving 5/27/98 98-408 range and customary accessory uses to the driving range shall not be open to the public between the hours of 11:30 p.m. and 7:00 a.m. With the exception of the driving range and customary accessory uses, maintenance activities shall not occur between the hours of 9:00 p.m. and 7:00 a.m. Maintenance activities for the driving range and customary accessory uses shall not occur between the hours of 12:00 midnight and 7:00 a.m. With the exception of after-hours security lighting, only the driving range and customary accessory uses to the driving range shall be lighted. Any lighting fixtures to accommodate the driving range use shall be designed to either direct the light away or shield the light source from adjacent residentially zoned property to the north, south and southeast and away from agriculturally zoned property to the north and east. Security lighting may only be permitted by the Planning Commission upon review and approval of a lighting plan which insures that adjacent properties will not be adversely affected by such lighting. Except as noted herein, all facilities shall be set back a minimum of 100 feet from property boundaries adjacent to residentially zoned property to the north, south and southeast and from agriculturally zoned properties to the north and east. The driving range and customary accessory uses shall be set back a minimum of 200 feet from adjacent residentially zoned properties to the north, south and southeast and from agriculturally zoned properties to the north and east. Within these setbacks, and adjacent to the aforesaid property boundaries, a fifty (50) foot buffer shall be maintained. Within this buffer, existing, mature vegetation shall be maintained unless removal is approved by the Planning Commission through site plan review. The only facilities allowed within this buffer shall be bicycle and walking trails associated with public park use, but not golf course use; and security fencing; and utilities which run generally perpendicular through the buffer. Facilities shall be designed to minimize the possibility of balls in play from entering public rights of way or adjacent properties. The design shall preclude the use of physical barriers along the public rights of way other than decorative fencing or walls, topography and/or landscaping. A plan for achieving this requirement shall be submitted for approval in conjunction with site plan review. Except where the requirements of the underlying Agricultural (A) zoning are more restrictive or conditions of zoning approval address a specific standard and with the exception of the requirement that the source for lighting of the driving range and customary accessory uses be shielded from view from any adjoining A or R District and any public right of way, development shall conform to the requirements of the Zoning Ordinance and Development Standards Manual for Corporate Office (0-2) Districts in Emerging Growth Areas. 5/27/98 98-409 Use of wells for water supply shall be prohibited. Any lease negotiated between the County and any other entity to construct, maintain or operate the golf course shall include a provision that states that the lessee or its sublessees or assigns shall not permit the sale or consumption of alcoholic beverages on the property. This Conditional Use shall be granted for so long as the County, the lessee, its sublessees or assigns abide by this lease term. Prior to operation of the golf course, a fertilization plan for the golf course shall be submitted to the Chesterfield County Extension Agent for approval. A monitoring program, acceptable to the Extension Agent, shall be implemented to ensure compliance with the approved fertilization plan. 10. Ayes: Nays: Except for timbering 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 approved devices have been installed. Humphrey, Warren, Barber, and McHale. Daniel. 5/27/98 98-410