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04-23-1980 MinutesBOARD OF SUPERVISORS MINUTES April 23, 1980 Supervisors in Attendance: Mr. R. Garland ])odd, Chairman Mr. Harry G. Daniel, Vice Chairm~m Mrs. Joan Girone Mr. E. berlin O'Neill, Sr. Mr. Nicholas M. Mmiszer County Administrator Staff in Attendance: Mr. Philip Hester, Director of Parks and Recreation Mr. C. G. ~i~nuel, Asst. Co. Ad~J~n Mr. Steve bficas, Co~ty Attorney Mr. Jeffrey IV~zzy, Director of Cramanity Developumnt Mr. Robert Painter, Utilities Dir{ Mr. Lane Ramsey, Budget Director It is here noted that the meeting scheduled for April 22, 1980 at 4:00 p.m. was not held by the Board. Mr. Dodd called the meeting to order at the Courthouse at 9:10 a.m. (EST). Mr. Daniel gave the invocation. On motion of Mr. Bookman, seconded by Mrs. Girone, the minutes of April 9, 1980, were approved as amended. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. Mr. Bill George, of the YMCA, was present and thanked the Board for their support of the Student Government Day. He introduced the students present who would be participating, and they indicated the County official they would be representing on Government Day. He stated the students would be conducting a Board meeting at 4:00 p.m. on May 8th with a dinner to which the Board was invited at 5:30 p.m. at Lloyd C. Bird School. On motion of the Board, the following resolution was adopted: Whereas, The South Richmond Chesterfield YMCA is organizing a day to allow high school students to participate in their County government; and Whereas, These selected students shall portray the roles of County officials on the 8th day of May, 1980; Hence, The Student Government Day will be recognized to the citizens. Now, Therefore, Be It Resolved by the Chesterfield County Board of Supervisors, that the 8th daf of May, 1980~ be declared as "S~udent Government Day" in accordance with the South Richmond Chesterfield YMCA, and'calls attention to all citizens of this observance. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: bir. O'Neill. Mr. Dodd stated he felt it was ~mportant to have students involved in government and thanked them for their interest and participation in this program. Mr. Painter presented the Board with the sewer and water financial reports. 80-195~' On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved the request of Lewis & Ownes, Inc. and appropriated $3,207.50 from 367 Surplus to 38'0-1-69247-2142 for an additional engineering fee for Water Bond Project W79-24B/6(7)92~ which relocates the line from the original plan because of rock formation. Absent: Mr. O'Neill. rs. Girone. Ayes: Mr. Dodd Me. Daniel, Mr Bookman and M On motion of Mrs. Girone, seconded by Mr. Daniel, the Board made the following adjustments of appropriations for sewer projects as follows: 1. S78-32T - Walthall area - Unappropriated from 380-1-78322-4393, $3,483.45 and from 380-1-78322-2142, $20.81 for a total of $3,504.26 to 573 Fund Balance. 2. S79-67C - Beechwood Subdivision - Appropriated from 573-1-00640-0000 (Advances by Developers) $243.00 to 380-1-79671-4393. This is money received by a home owner for extra work required under this contract. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. Mr. Charles Quaiff, Superintendent of Accounts and Reoords for the Utilities Department, stated that the Department had a number of sewer connections which have been paid but the customers are not paying the monthly service charge. He stated some of the customers involved are conneoted to the system but others are not. He stated that the Department would like to rectify this situation as these $5 fees have accumulated up to $4,000 in delinquent accounts. He stated he has worked with the County Attorney who advises that these people have violated the contracts, the County cannot discontinue servzce to those who are not connected and it would be impractical to disconnect service for those who are connected. Mr~ Bookman inquired if this policywereto be follow~dCot~ty-wida. Mr. Quaiff stated it would. Mr. Dodd inquired if this would affect a developer who had prepaid 300 connections in any given development. Mr. Quaiff stated this would involve only the $5 service charge which is not being paid by customers at this time. Mr. Daniel stated he felt it would be appropriate to send a registered letter to these customers advising them of what the County was planning to do and give them a chance to pay the fee. Mr. Quaiff stated the Department had been sending delinquent letters but they would send correspondence indicating the action to be taken ~y the County in this regard. After further discussion of the matter, it was on motion of Mr. Daniel, seconded by Mr. Bookman, resolved that the following procedure and policy be established regarding the payment of monthly service charges: 1. Accounts where the connection fee has been paid and the service is not connected, refund the connection fee to the applicant. When service is desired, the connection fee will then be paid at the prevailing rate at the time of application. 2. Accounts where the connection fee has been paid and service has been connected, afterPrOceed with legal action to collect the account the customer has been notified of the action to be taken. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Absent: Mr. O' ' Nezll. Girone. 80-196 3. Mr. Quaiff stated that the Board, on November 13, 1963, adopted V. policy authorizing the issuance of temporary sewer permits for the purpose of allowing the builders to install the sewer lines from the building to the County's sewer lateral, which would make it possible for them to grade and seed the property without having to disturb the area for the inspection of the sewer. He stated the fee is $10.00 at this time. He added this policy is causing a number of problems and is difficult to administer for about 75% of those using it. After consideration of the matter, it was on motion of Mr. Bookman, seconded by Mr. Daniel, resolved that the resolution of November 13, 1963 be rescinded,which will require the builder to Pay the entire connection fee at the time he wishes to connect the house sewer to the County's lateral and not pay $10.00 for a temporary sewer permit. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. Mr. Painter stated the County had received a request from residents in the Halfway House Heights area for a $300 sewer connection fee. There was no one present to discuss this matter. Mr. Dodd inquired if there were any signed contracts. Mr. Welchons stated there were not, only survey cards had been sent. Mr. Dodd presented the Board with a copy of a legal opinion from the County Attorney. He added that he felt only contracts should be honored and not survey cards. Mr. Bookman stated he, too, felt contracts should only be considered for reduced connection fees. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board denied the request from residents of the Halfway House Heights area for a $300 sewer connection fee and further that if contracts were produced, the County would ~honor those at the prevailing rate when they were signed. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 3. Mr. Painter presented the Board with a list of developer VII. sewer and water contracts executed by the County Administrator. 3. Mr. Willis Pope, Right-of-Way Engineer, stated the County VIII. had made an offer in the amount of $85.00 to Harry L. and 1. Frances S. Villemagne for a slope protection easement across their property at the Falling Creek dam. He stated Mr. Villemagne's counteroffer was $6,000. He stated this easement was to protect the dam from erosion and rip rap would be placed to insure that this would not occur. Mr. Sam McEwen, attorney representing Mr. Villemagne, stated that his client was concerned with aesthetic values. He stated that rip rap will make this beautiful area ugly. He stated that lots along Falling Creek are selling for $14,000 while others across the road from the lake are valued at $9,500. He stated his client would be willing to accept $3,000 if the County would use the access road through his property to accomplish their work which will require bulldozing. Mr. Daniel stated he was not aware of this condemnation situation until a few days ago and he would like to investigate the matter further with Mr. Villemagne and his attorney. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board deferred consideration of this matter until May 14, 1980. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 3. Mr. Dodd stated he had a request from Mrs. Theodore Cogbill IX. to defer consideration of easements across her property until 11:00 a.m. when she and her attorney would be present. It was generally agreed to honor this request. 80-197 VIII Mr. Meiszer stated this date and time had been scheduled to consider an ordinance vacating Ontario Drive in Ben Air Hills Subdivision. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board deferred consideration of this ordinance until May 28, 1980. Ayes: Rr. Dedd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board awarded the contract for the installation of a backflow prevention device to K and M Plumbing and Heating Company in the amount of $7,890 for the Nursing Home and further authorized the County Administrator to execute any necessary documents for this contract which funds are to be paid from the Nursing Home reserve fund. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs Girone. Absent: Mr. O'Neill. On motion Of Mrs. Girone, seoonded by Mr. Daniel, the Board authorized the Utility Department to write off the following utility accounts as uncollectable accounts receivable: 1. Shore Construction Company $ 111.06 2. B. S. Marshall, Inc. 233.25 3. C. W. Hunicutt 47.53 4. Southfield Land Co., Inc. 41.37 5. G. M. Development Corporation 5,624.00 6. Shenandoah Corporation 3,908.92 Ayes: Mr. Dodd,' Mr. Daniel, Mr. Bookman and Mrs Girone. Absent: Mr. O'Neill. ' Mr. Ramsey stated that on November 15, 1976, the Board of Supervisors approved sewer contract S75-41CD, Oak Forest- Matoaca Middle School project. He stated the terms of the contract with the developer were that the total payment of $56,000 would be paid in 4 installments of $14,000 each. He stated two of the payments have been made, the last of which was made May 30, 1978. He stated the construction of the sewer line was completed in 1977 and paid for with school bond funds. He stated the sohool system has attempted to collect the funds from the developer and the developer is now asking for an extension of time in which to pay the $28,000. He stated he would like to pay $14,000 in August, 1980 and in March, 1981. Mr. Micas stated they would prefer to have the developer assign a certificate of deposit which the developer has mentioned in hie letter to the County to be cashed by the County at maturity. He stated the developer would be obligated to pay any additional amount due or the County would refund any excess. Mr. Bookman inquired if this was agreeable with the developer. Mr. Micas stated this was the County's suggestion. Mr. Daniel inquired if any provision had been made for interest. Mr. Micas stated it had not but the County could include this as well~ He stated the statutory interest is 8%. After further consideration of the matter, it was on motion of Mr. Bookman, seconded by }fr. Daniel, resolved that James W. Huneycutt, developer involved in sewer contract S75-41CD, be required ~o assign the Certificate of Deposit mentioned in his letter, as filed with the Board papers, to the County to be cashed by the County at maturity, with the understanding that the developer Would be obligated to pay any additional amount due or the County would refund any excess as well as the developer paying 8% interest per annum. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board 80-198 denied the request for a street light at the intersection of Lake Forest Road and Nile Road because it did not meet the established criteria and further the Board approved the installation of street lights at the following intersections with any associated costs to be expended from the Bermuda District Street Light Funds: 1. Intersection of Sloan Drive and Mount Blanco Road, and 2. Intersection of Brandywine Avenue and General Boulevard, Ayes: Mr. Dodd, Mr. Daniel, Mr, Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved the installation of street lights at the intersection of Adkins Road and Wycliff Road and at the intersection of Wedgemere Road and Newby's Bridge Road with any associated costs being expended from the Clover Hill District Street Light Funds. Ayes: Mr. Dodd, Mr. Daniel~ Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. ~e ~otion of Mr. Daniel, seconded by Mr. Bookman, the Board nzed the request for the installation of a street light at the intersection of Pat Lane and Kay Road because it did not meet the established criteria and further approved the installation of a street light at the intersection of Benslsy Road and Wentworth Street with any associated costs to he expended from the Dale District Street Light Funds. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board denied the request for the installation of a street light on Springlake Road because it did not meet the established criteria and further the Board approved the installation of a street light at the intersection of Kentford Road and Salisbury Road with any associated costs to be expended from the Midlothian District Street Light Funds. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. It was generally agreed to defer consideration of the requests for street lights in Mataoca District until the Supervisor from the District was present. It was generally agreed to defer consideration of legal action against the developer of Ivey Acres until the Supervisor from the District was present. Mr. Bookman stated that the Pocoshock Townhouses were in code violation because of the fire wall a~d that the 40 units needed to have an exception to the code which would he heard by the Board of Zoning Appeals. He stated the code violation occurred when the units were built in 1973 and he did not feel the new owners or existing owners should have to each pay a $50 fee to have the exception made. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mr. Daniel, resolved that one $50 blanket fee he charged for ail 40 units from the Civic Association and that the fee jointly paid by tlaymond 3andecka and Gwean Osborne be refunded as well as any others which have been paid. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. Mr. James Zook stated several departments would like to apply for LEAA (Law Enforcement Assistance Administration) ~rants--for a Police Juvenile Unit in the amount of 71,880, a Mental Health Substance Abuse Program in the amount of $36,957 and a Police Training Program in the amount of $19,989. He stated if the projects were funded the County would be required to match federal funds at 10% of the total project cost. A question was asked as to why the Offender Aid and Restoration Program was not being applied for this year. Mr. Zook stated that OAR was asked to submit an application but they chose not to do so. Mrs. Girone inquired if the school system was aware of the substance abuse program. Mr. Zook stated they were in favor of this. He stated the Board has a position in the budget for this program and if funded, the grant would cover the position. Mr. Zook stated that the Police Department has money in their budget for the training portion of their grant and that each program would be funded 90% federal, 10% County for the first 3 years~ 50%-50% the next year, and the County would have total financial responsibility thereafter. Mr. Zook stated these grants were to test new projects to ascertain if a need existed. Captain Mason Chatkey, Police Department, stated that their request would require the employment of four additional employees, that the more experienced employees would handle the program with new patrol level personnel being hired and indicated the County has neverhad this specialized youth program before. Mr. Bookman inquired if there would be an overlapping of the specialized youth program and the substance abuse program, bit. Zook stated the specialized youth program would handle youth after the problem and the substance abuse program would be a preventive measure. Mr. Bookman inquired what effect the Police grant would have. Mr. Zook stated he felt the departments involved and the budget department should have a meeting to determine goals of each program. Mr. Meiszer stated the Board should not just apply for these programs because it was federal funds but because they felt a need existed for each program. Mr. Daniel stated he felt very strongly about the juvenile unit and the need existed. After further discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr. Daniel, resolved that the County Administrator be authorized to submit a Police Juvenile Unit application in the amount of $71,880, a Mental Health Substance Abuse Program application in the amount of $36,957 and a Police Department Training application in the amount of $19,989 in that priority and to accept funds if approved by the Division of Justice and Crime Prevention. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. Mr. Dexter Williams stated there had been some changes in the proposed Secondary Road budget. Mr. Daniel stated he was not aware the Salem Church Road project was taken out and stressed the point that it was needed. Mr. Williams stated there had been a $460,000 decrease in the budget and the Beach Road project had been deleted as well. Mr. Dodd inquired if the Beach Road and Enon Church Road projects had been deleted entirely. Mr. Muzzy stated they would be stretched out over several years in order to accumulate enough money for the projects. Mx. Daniel stated he was not in complete agreement with the plan because of the reduction in funding for the Salem Church Road project but it seems the Board has no other choice but to approve what had been submitted in order to obtain funding for the other projects. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved the Secondary Road budget as presented this date, a copy being filed with the Board papers, Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs Girone. Absent: Mr. O'Neill. 80-200 On motion of Mr. Bookman~ seconded by Mr. Daniel, the following resolution was adopted: Whereas, revenues accruing to the Virginia Department of Highways and Transportation are substantially less than what has been recently anticipated; and Whereas, costs of highway construction have increased at an accelerating rate; and Whereas, these two occurrences have caused the Virginia State Highway and Transportation Commission to reduce its Secondary Road Construction Allocations for 1979-80 and 1980-81; and Whereas, the Chesterfield County Board of Supervisors previously appropriated $60,000 to Beach Road Project 0655-020-189, M501 from County revenue sharing funds to be matched by the State. Now, Therefore, Be It Resolved that the Chesterfield County Board of Supervisors concurs with the reallocation of $60,000 in County revenue sharing funds and $60,000 in State matching funds from project 0655-020-189, M501 to the FYS0-81 secondary road improvement budget deficit; and Further, Be It Resolved that the aforementioned County revenue sharing funds will be made available to the Virginia Department of Highways and Transportation on July 1, 1980. Ayes: Mr. Dodd, Mr. Daniel, Mr. Book-man and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Bookman, seconded by Mr. Daniel the following resolution was adopted: ' Whereas, revenues accruing to the Virginia Department of Highways and Transportation are substantially less than what has been recently anticipated; and Whereas, costs of highway construction have increased at an accelerating rate; and ~nereas, these two occurrences have caused the Virginia State Highway and Transportation Con~nission to reduce its Secondary Road Construction Allocations for 1979-80 and 1980-81; and Whereas, the Chesterfield County Board of Supervisors previously appropriated $65,405 to Enon Church Road Project 0746-020-196, M501 from County revenue sharing funds to be matched by the State. NoW, Therefore, Be It Resolved that the Chesterfield County Board of Supervisors concurs with the reallocation of $49,000 in County revenue sharing funds and $49,000 in State matching funds from project 0746-020-196, M501 to the FYS0-81 secondary road improvement budget deficit; and Further, Be It Resolved that the aforementioned County revenue sharing funds will be made available to the Virginia Department of Highways and Transportation on July 1, 1980. Ayes: Mr. Dodd, Mr. Daniel~ Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Bookman, seconded by Mr. Daniel, the following resolution was adopted: Whereas, revenues accruing to the Virginia Department of Highways and Transportation are substantially less than what has been recently anticipated; and 80-201 k~ereas, costs o£ highway construction have increased at an accelerating rate; end Whereas, these two occurences have caused thc Virginia State Highway and Transportation Commission to reduce its Secondary Road Construction Allocations for 1979-80 and ]980- 81; Be It Resolved that the Board of Supervisors of Chesterfield County concurs with the transfer of $110,000 from previous secondary road allocations for Beach Road Project 0655-020- 189, MS01 to the FY80-81 secondary road improvement budget deficit. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board waived the rezoning fee for the Forest View Rescue Squad for an request which will be heard by the Board of Zoning Appeals. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and }~s. Girone. Absent: Mr. O'Neill. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved the naming of the street to the Chesterfield County Nursing Home and Mental Health Center, Lucy Corr Drive, subject to approval by Ms. Corr. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. It was generally agreed by the Board to recess for five minutes. Reconvening: Mr. O'Neill joined the meeting. Mr. Ramsey was present to discuss the budget changes. He stated, for informational purposes only, there is approximatel~ $200,000 left in the park bond funds contingency account after all the projects are accounted for. Mrs. Girone stated she was concerned about the architect fees. Mr. Daniel stated that the Meadowbrook High School project indicated funds for architect fees for bleachers and questioned this need. Mr. Hester stated the funds were for architects fees and bleachers. He stated the architect fees should be less than normal because the County was paying them on an hourly basis and not basing the fees on a percentage of the project cost. Mr. Daniel inquired if the department were using a basic backstop for all fields or if a different design for each was being made. Mr. Hester stated a standard backstop would be used at all the fields. He stated the architects were working with the lighting, the fields~ the fencing, etc. Mr. Daniel inquired if the $200,000 remaining in the contingency account included the Dale Park funds. Mr. Ramsey stated the park was accounted for and the $200,000 was the remainder. Mrs. Girone asked that staff prepare a breakdown of the architect fees showing how much we have paid and what is anticipated to be paid. Mr. Ramsey stated that would be shown in the next report the Board received at the next meeting on park projects. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board a. Reduced Planned Budget Expenditure account 330-1-95421- 4393 Rockwood Park Construction Contracts by $70,000 and increased Planned Budget Expenditure account 330-1-95416-4393 Monacan High School Construction Contracts by $70,000. 80-202 Vote: Reduced Planned Budget Expenditure account 330-1-95446-4696 Midlothian Contingsncy by $21,500 and increased Planned Budget Expenditurs account 330-1-95407-4393 Robious Complex Construction Contracts by $21,500. Reduce Planned Budget Expenditure account 330-1-95446-4692 Dale Contingency by $4,000 and increased Planned Budget Expenditure account 330-1-95443-4393 Meadowbrook High School Construction Contracts by $4,000. Reduced Planned Budget Expense account 330-1-95446-4692 Bermuda Contingency by $10,000 and increased Planned Budget Expenditure account 330-1-95401-4393 Point of Rocks Parks Construction Contracts by $10,000. Unanimous On motion of Mrs. Girone, seconded by Mr. Daniel~ the Board reduced Planned Budget Expsnditure account 330-1-92140-4123 by $5,535 and increased Planned Budget Expenditure account 330-1-92140-4393 Construction Contracts by $5,535, which is for change orders involving the new administration building. Vote: Unanimous On motion of Mrs. Girone~ seconded by Mr. Bookman, the Board made the following budget changes for Social Services: a. Decreased General Fund Contingency Account 111-1-31400-4123 by $5,000; b. Increased Planned Budget Revsnue account 111-1-00012-1043 Hospitalization Contributions by $5,000; c. Increased Planned Budget Expenditure account 111-1-08420- 2134 Hospitalization by $10,000. Vote: Unanimous Mr. Ramsey stated the Board should approve the School budget today. Mr. Bookman inquired if the interest and the general fund money was included in the $70,799,463 figure. Mr. Ramsey stated it was, that the total budget was $70,799,463. On motion of Mrs. Girone, seconded by Mr. Daniel, it is hereby resolved that the 1980-81 School Operating Budget bs adopted as presented in a total amount of $70,799,463 with $40,500,000 being financed by the General Fund. Vote: Unanimous Mr. Ramsey stated the Budget Department would bring the resolution outlining where t~e funds would be distributed for the school system at a later date. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board made the following budget changes for the County Garage: a. Increased Planned Budget Revenue account 717-1-00011-0702 Sales of Services and Supplies by $200,000. b. Increased Planned Budget Expenditure accounts 717-1-31450- 3221 Materials and Supplies by $50,000 and 717-1-31450-3311 Fuel by $150,000. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. O'Neill, the Board accepted the request of Hampden-Sydney to withdraw their bid in the amount of $21,696.96 for a surplus fire engine, old unit #53, and to accept the bid of $20,000 from the Burrowsville Volunteer Fire Department which was the next highest bid. 80-203 Vote: Unanimous 10. 12.A. Mr. Meiszer stated the next item of businmss was consideration of a contingency contract with Management Improvement Corporation of America (MICA). He stated that MICA would perform management review services and would begin with the Purchasing and Warehouse functions. He stated they would require an annual retainer of $2,000 and in the event they did not provide the County with any benefits, the retainer would be refunded to the County. He stated they would perform the work and implement the recommendations and improvements for the County. Tha Board stated they did not have adequate information and it was generally agreed that this matter be deferred until later in the day or until ~fay 14, 1980 if it were not reconsidered this date. On motion of Mr. Bookman, seconded by Mrs. Girone, be it resolved that pursuant to Section 28-1016 of the Code of Virginia, 1950, as amended, the County Attorney is directed to enforce the County's liens for delinquent real estate taxes on the following parcels of land: 1. A parcel of land located in the Clover Hill Magisterial District of Chesterfield County, designated as Lot 12, Block A, Plan of Clover Hill Farms, Section C. 2. A parcel of land located in the Matoaca Magisterial District of Chesterfield County, designated as a parcel on Happy Hill Road consisting of 2.08 acres. A parcel of land located in the Dale Magisterial District of Chesterfield County, designated as a parcel near Bethia and Courthouse Roads consisting of 2.00 acres. A parcel of land located in the Midlothian Magisterial District of Chesterfield County, designated as a parcel on Old Bon Air Road consisting of 0.53 acres. A parcel of land located in the Clover Hill Magisterial District of Chesterfield County, designated as a parcel off of Hicks Road consisting of 1.93 acres. Vote: Unanimous Mr. Meiszer stated that members of the Heritage Commission, the Museum Committee and the Bicentennial Committee have requested that the Board appropriate funds and commission Mr. Sidney E. King for a painting to commemorate the 200th anniversary of the British burning the old Courthouse. He stated the painting would be of Baron vonStuben drilling troops on the grounds of the Courthouse. He stated that the Board could consider having a second painting also completed for the new administration building. Mr. Daniel stated he was in support of both paintings, that art would be lasting and would increase in value. He stated that he felt the County was obligated to include art in the new building. Mr. Bookman inquired what the second painting would be. Mr. Meiszer stated that could be determined later. He stated April, 1981 would be when the first painting would need to be completed and he did not know how much time the artist would need for the second painting or if he were available to do another. After further discussion of the matter, it was on motion of Mrs~ Girone, seconded by Mr. Bookman, resolved that Mr. Sidney E. King be corrm~issioned to complete a painting by April, 1981 in commemoration of the 200th anniversary of the British burning the COurthouse, that $500 be appropriated from the $5,000 appropriation to the Bicentennial Committee and that the second painting be discussed at a later date. Mr. Dodd inquired if public contributions or taxpayers money should be used for this purpose. Vote: Unanimous 80-204 12. B. Mr. Meiszer stated that members of the Heritage Commission, Bicentennial Committee and the Museum Committee also reqBested that the Board approve the development of a master plan for landscaping the Courthouse grounds. Mrs. Girone stated that there was a employee in Conm~unity Development who could work on this plan. After further discussion, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that staff develop a plan, with its long term impacts and costs for Board consideration at a later date. Vote: Unanimous Mr. Oliver Rudy, attorney representing Mrs. Theodore Cogbill, was present to discuss action which the Board was considering regarding the drainage problem in Deerfield Subdivision and Mrs. Cogbill's property. Mr. Richard McElfish, Environmental Engineer, presented slides indicating the drainage problem, the existing homes, homes affected hy the water and lots which would be available for development once the drainage problem was solved. He stated that most of the problem exists because of the high water table in the basically flat area. He stated the County and the Highway Department have determined that this water flow through Mrs. Cogbill's property is a natural water course. He stated if the County acquired the 16 ft. wide permanent easement and the 10 ft. wide temporary construction easement and extended the present drainage system, the entire area could be drained, including the area by the 7-11 Store. He stated the developer would have to pay for improvements and the cost of acquiring easements through negotiation or court action. Mr. Rudy stated this was a matter of fairness. He stated he did not feel it was fair for the County to condemn Mrs. Cogbill's property to improve this drainage situation. He stated the developer should have been made to provide some relief for this problem which he did not do and that by improving this drainage, his property which has not been able to be developed will be Suitable for development. He stated he did not feel the County could legally condemn in this case. He stated the dumping of this water on her property did not serve her and the County will be using government power to promote Private enterprise. He stated the developer has blocked the drainage pipe causing the problem and the County is looking at }~rs. Cogbill for a solution when it should be seeking relief from the developer. He stated the County wants her to give easements now, but what will prevent further requirements or improvements of the drainage situation in years to come. He stated the County is now proposing to use this area to drain even the 7-11 property and this is additional water that would come on Mrs. Cogbill's property. He stated everyone is focusing on Mrs. Cogbill as the cause of the water and mosquito problem in Deerfield and she has not done a thing. He stated the water could be channeled another way and since the developer has to pay for it, inquired why the Board was involved in this issue. He stated Mrs. Cogbill has agreed to proposal #2 as suggested by J. K. Ti~mons which would allow a drainage pipe across her property to her property line. Mr. Dodd stated he had never seen a letter from 3. K, Timmons or from Mrs. Cogbii1 agreeing to this alternative, Mr. Rudy stated the County staff had received a copy. He stated further that this entire situation is unfair in that it is not two individuals working this out but government against one individual, Mrs. Cogb~ll presented the Board with a copy of a map and possible alternatives to solve the drainage problem. Mr. C. B. Wilson, the property owner adjacent to M~s. Cogbill onto whose property the water would then proceed, was present. He stated that there is a stream in the middle of Mrs. Cogbill's property which is fed by a natural stream. He stated 80-205 13. he h&d contacted the State Water Control Board (SWCB) and they indie~ted they would be willing to intervene as this may fall into the anti-degradation rules of high quality water being interferred with, He stated that he was concerned with government entering into a private matter, what type of precedent would be set in the future which would allow this type of situation to be repeated, and that any recozmnendation until the SWCB examines stream. he is opposed to the water in the Mr. Daniel stated this was the first major problem he had been advised of when coming into office in January. He stated that years ago off-site easements were not required to start a development, that this would not be allowed to happen today and that he has not looked at this problem as helping a developer to expand his development hut rather to eliminate a health hazard that exists in the area. He stated he has looked to solve this problem with a method that does include due process of law and recognition of property rights. He stated he felt the route suggested by Mrs. Cogbill should be explored, that ha is concerned with the information regarding the stream which Mr. Wilson has mentioned, that the 7-11 property being drained in this direotion is a surprise, and that all of this information and more needs to be compiled before a decision can be made. He stated that he did not feel it was proper to say that nothing should be done because there is a problem and he would like to find the proper way to remedy it. He stated that the problem seems to become larger and larger the more it is discussed. He added that this should be an indication of what needs to be addressed in the future to prevent such problems from occurring again and again. Mr. Bookman stated he felt the Board needed to have all this information and inquired why the Board was not furnished with copies of letters referred to today. After further consideration of this matter, it was on motion of Mr. Daniel, seconded by Mr. O'Neill, resolved that this item be deferred until May 28, 1980 in order to allow sufficient time in which to compile all information needed in order to make a decision. Mr. Daniel stated that any action that could be taken today, would Only solve today's problem and the entire matter needs to be discussed further. He stated ~eWOUld like to meet with the staff of Community Development, developer, the County Attorney, Mr. Rudy or Mrs. Cogbili and Mr. Wilson to discuss this matter further. He stated that he would also like the developer of Deerfield to be present at the May 28, 1980 meeting, He stated he agreed that the developer should pay the costs involved but it ' Board's objective to have this problem i Demr~%]~til~ t~e Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Bookman, the Board awarded the bid for parking/car bumpers for Bird and Point of Rocks Parks to Richmond Block who submitted the low bid of $8,546.25, which bumpers have steel stobs and the funds to come from the bond funds for this purpose, and further the County Administrator is authorized to execute any necessary documents for this contract. Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved the request for a bingo and/or raffle permit from Sing Out South for calendar year 1980. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the Board appointed ~r. Roger Burns to the Airport Advisory Board effective immediately until February 14, 1982; reappointed Mr. Ronald C. Morris to the Personnel Appeals Board effective immediately until December 31, 1982; and Mr. Elmer R. Condrey 80-206 was reappointed to the Chesterfield County Industrial Devm]opmen~ Authority until July 1, 1984 which appointment is effective July 1, 1980~ all of which are representatives of Clover Hill District. Vote: Unanimous Mr. Dodd stated he felt the membership of the Mental Health and Mental Retardation Services Board should consist of 10 members rather than 15. It was generally agreed by the Board that the membership of the Mental Health and Mental Retardation Services Board be changed from 15 to 10 and that the first three members whose terms expire will not be refilled~ provided that they are from Clover Hill, Dale and Midlothian Districts. It is noted that there is a vacancy each for the Bermuda District and Matoaca District which will not be filled. On motion of Mr. Daniel, seconded by Mr. O'Neill, the Board appointed Mrs. Julia Daffron to the Heritage Commission representing Dale District and whose term will be effective irmmediately and who will be serving at the pleasure of the Board.i Vote: Unanimous On motion of Mr. Daniel, seconded by Mrs, Cirone, the Board appointed Mr. William Howell as an alternate for Mr. C. L. Bookman on the CETA Policy Committee effective immediately. Vote: Unanimous Mr. Dodd appointed Mr. E. Merlin O'Neill, Sr., Mr. Harry Daniel and Mr. Nicholas M. Meiszer as members of the Police Liaison Cormnittee and authorized them to meet from time to time as the need may arise to improve communications with the Police Department. It was generally agreed to defer consideration of requests for street lights at Winterbourne Drive and Willowdale Drive and at Beechnut Avenue until May 14, 1980. Mr. O'Neill inquired about the street light installed on Haltoway Avenue and asked that staff check to see if it was installed in the proper location or if it should have been installed next to the Parr and the School. Mr. O'Neill stated that consideration of legal action against the developer of Ivey Acres should not be discussed until May 14, 1980. Mr. Micas stated that the conditions are deteriorating and the job will be larger the longer the developer waits. On motion of Mr. Daniel, seconded by Mr. 0'Neill~ the Board reappointed Mr~ Melvi~ W. Burnett to the John Tyler Co~m~unity College Board representing Chesterfield County effective July 1, 1980 until June 31, 1984. Vote: Unanimous Mr. Dodd stated that the Board should make an appointment to the Health Committees representing Chesterfield County. On motion of Mr. Daniel, seconded by Mr. O' ' Nemll, Mrs. Joan Girone was appointed to the Chesterfield-Colonial Heights Social Services Board effective immediately and whose term will expire on June 30, 1980. Vote: Unanimous 80-207 Mr. Meiszer stated the Highway Department had formally notified the County that the following roads had been accepted into the State Secondary System effective April 15, 1980: Length Salisbury Subdivision~ Silbury Hill Section Trilithon Road - Beginning at its intersection with Brigstock Road (State Route 1014) and going 0.16 mile westerly to intersection with the eastern portion of Sarsen Court, then 0.02 mile westerly to western portion of Sarsen Court, then 0.09 mile westerly to a cul-de-sac. 0.27 mi. Sarsen Court - Beginning at eastern portion of Trilithon Road and going 0.04 mile northerly then turning and going 0.03 mile westerly then turning and going 0.04 mile southerly to intersection with western portion of Trilithon Road. 0.11 mi. ~hady Creek Subdivision, Sections 1 and 2 Mill Race Road - Beginning at its intersection with Castlewood Road (State Route 1628) extending westerly 0.05 mile to the intersection of Mill Race Circle, then westerly 0.09 mile to the intersection of Carryback Drive, then westerly 0.09 mile to a cul-de-sac. 0.23 mi. Carryback Drive - Beginning at its intersection with Shady Creek Road, extending northerly 0.08 mile to the intersection of Mill Race Road. 0.08 mi. Trace Court - Beginning at its intersection with Shady Creek Road, extending northerly 0.03 mile to a cul~ de-sac. 0.03 mi. Mill Race Circle - Beginning at its intersection with Shady Creek Road, extending northerly 0.07 mile to the intersection of Mill Race Road then northerly 0.04 mile to a cul-de-sac. 0.11 mi. Shady Creek Road - Beginning at its intersection with Castlewood Road (Route 1628) extending westerly 0.05 mile to the intersection of Mill Race Circle, then westerly 0.06 mile to the intersection of Trace Court, then westerly 0.07 mile to the intersection of Carryback Drive, then westerly 0.06 mile to a temporary turnaround. 0.24 mi. Smoketree Subdivision, Sections A and B Smoketree Drive - Beginning at its intersection with Courthouse Road, State Route 653, and going 0.65 mile westerly to intersection with Poplar Ridge Road then 0.22 mile westerly to intersection with Old Carrollton Road then 0.13 mile westerly to intersection with Gordon School Road then 0.07 mile westerly to intersection with Pleasantview Road then 0.05 mile westerly to intersection with Smoketree Court then 0.10 mile westerly to a dead end. 1.22 mi. Old Carrollton Court - Beginning at intersection with Old Carrollton Road and going 0.10 mile southwesterly to a cul-de-sac. 0.10 mi. Stillbrook Road - Beginning at intersection with Poplar Ridge Road and going 0.11 mile southwesterly to intersection with Stillbrook Court then 0.07 mile south- westerly to intersection with Old Carrollton Road then 0.11 mile southwesterly to a cul-de-sac. 0.29 mi. 80-208 17. Length Stillbrook Court - Beginning at its intersection with Stillbrook Road and going 0.04 mile northerly to a cul-de-sac. 0.04 mi. Smoketree Court - Beginning at its intersection with Smoketree Drive and going 0.06 mile southerly to a cul-de-sac. 0.06 mi. Pleasant View Road - Beginning at its intersection with Smokatree Drive and going 0.10 mile southwesterly to the centerline of Commonwealth Natural Gas easement. 0.10 mi. Gordon School Road - Beginning at its intersection with Smoketrea Drive and going 0.20 mile south- westerly to its intersection with Pleasant Hill Drive then 0.06 mile southwesterly to a temporary turnaround. ' 0.26 mi. 01d Carrollton Road - Beginning at intersection with Smoketree Drive and going 0.07 mile northerly to intersection with Stillbrook Road then 0.06 mile northerly to intersection with Old Carrollton Court then 0.06 mile northerly to intersection with Poplar Ridge Road then 0.05 mile northerly to tie into Ashley Woods Subdivision, Section B. 0.24 mi. Poplar Ridge Road -Beginning at intersection with Smoketree Drive and going 0.14 mile northwesterly to intersection with Stillbrook Read then 0.19 mile westerly to intersection with Old Carrollton Road then 0.13 mile souttlwesterly to a cul-de-sac. 0.46 mi. Mr. Meiszer presented the Board with a copy of the report prepared by the Auditors on the Treasurer's Office Turnover, George W. Moore, Jr., Outgoing Treasurer, for the period July 1, 1979 through November 9, 1979. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board went into Executive Session to discuss a prospective business or industry where no previous announcement has been made of their interest to locate in Chesterfield as permitted by Section 2.1-344 (4) of the Code of Virginia, 1950, as amended. Vote: Unanimous Reconvening: Mr. Meiszer introduced Mr. Ron Bessent, Youth Services ~oo~in~tor, for_the County. The Board welcomed Mr. Bessent o nne uounty and Mr. Bookman stated that the Substance Abuse meeting which was held was very interesting and informative. 80S057 In Clover Hill Magisterial District, Mr. A. L. Hendricks requested a mobile home permit to park a mobile home on property which he owns. Tax Map 49-10 (1) parcel 8 and better known as 10707 Hull Street Road (Sheet 14). Mr. Balderson stated the applicant had requested withdrawal of his application. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board accepted the request for withdrawal. Vote: Unanimous 80-209 80S043 In Midlothian Magisterial District, Haigh Jamgochian requested a Conditional Use to permit a landfill in an Agricultural (A) District and in a General Business (B-3) District on a 20 acre parcel fronting approximately 800 feet on the north line of Midlothian Turnpike and located directly across from its intersection with Wadsworth Drive. Tax Map 28-2 (1) part of parcels 3 and 3-1 (Sheet 8). Mr. Balderson stated that the applicant has requested withdrawal of this request. On motion of Mrs. Oirone, seconded by Mr. Bookman, the Board accepted the request for withdrawal. Vote: Unanimous Mr. Balderson stated the Board would begin hearing cases for which there was no opposition in order to expedite the meeting and allow applicants with no opposition to he heard rather than waiting unnecessarily. 80S033 In Matoaca Magisterial District, H. Kenneth Carroll requested rezoning from Agricultural (A) to Residential (R-9) of a 2.90 acre parcel fronting approximately 180 feet on Hampton Avenue and located approximately 290 fee~ north of its intersection with River Road. Tax Map 180-16 (1) parcel 28 (Sheet 52). Mr. Jeff Thomas of Charles Townes & Associates was present representing the applicant. He stated there did exist some water problems and they would be working with the Environmental Engineering Department to eliminate them. Mr. O'Neill stated he was aware of the drainage problem which has not completely been taken care of and he would like staff to be informed that building permits should not be issued until the situation is improved. He stated the problem was behind some other properties and asked that Mr. McElfish be made aware of it. There was no opposition present. On motion of Mr. O'Neill, seconded by Mr. Bookman, this request was approved as recon~nended by the Planning Commission. Vote: Unanimous 80S034 In Matoaca Magisterial District, M. Dean Whittington requested rezoning from Agricultural (A) to Residential (R-9) of a 2 acre parcel fronting approximately 350 feet on the southwest line of Hickory Road and located approximately 650 feet northwest of its intersection with Southlawn Avenue. Tax Map 181-7 (2) Grassland, part of lots 5 and 6 (Sheet 53/54). Mr. Don Vance was present representing the applicant. There was no opposition present. On motion of Mr. O'Neill, seconded by Mr. Daniel, this request was approved as recommended by the Planning Commission. Vote: Unanimous 80S035 In Midlothian Magisterial District, Winterfield Corporation requested rezoning from Agricultural (A) to Residential (R-25) of a 44 acre parcel fronting approximately 1600 feet on the east and west line of Winterfield Road and is located on the Chesterfield-Powhatan County line. Tax Map 1 (1) parts of parcels 4 and 5-1 (Sheet 2). 80-210 Mr. Doug Cokeman was present representing the application and stated public water would be used in this development. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, this request was approved as recommended by the Planning Commission. Vote: Unanimous 80S036 In Bermuda Magisterial District, Floyd L. Morris requested rezoning from Residential (R-15) to Agricultural (A) of a 1.393 acre parcel fronting approximately 225 feat on Old Bermuda Hundred Road also fronting approximately 365 feet on Interstate-95 and located in the northwest quadrant of the intersection of these roads. Tax Map 116-15 (1) parcel 7 (Sheet 32). Mr. Morris was present. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Daniel, this request was approved as recormmanded by the Planning Commission. Vote: Unanimous 80S039 In Midlothian Magisterial District, H & R Block Company requested a Conditional Use Planned Development on a 3.25 acre parcel fronting approximately 120 feet on the south line of Midlothian Turnpike and located approximately 340 feet west of its intersection with Mt. Pisgah Drive. Tax Map 16-9 (1) parcel 9 (Sheet 7). Mr. Mike Boyle was present representing H & R Block Co. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, this request was approved subject to the following conditions as recommended by the Planning Commission: A permanent 94 day exception to the 21 day limitation in any 120 day period for temporary signs shall be granted. 2. This sign shall be on display from January 1 through April 25 of any calendar year only. 3. The plan submitted with the application shall be considered the Master Plan for sign placement and size. No exceptions to this plan shall be permitted. 4. This Conditional Use Planned Development shall be granted to and for H & R Block exclusively, it shall not be transferrable nor run with the land. 5. The Planning Commission shall grant schematic approval of the Master Plan in conjunction with approval of this request. Unanimous Vote: 80s040 In Bermuda Magisterial District, Safeway Stores, Incorporated requested a Conditional Use to permit retail sales in a General Industrial (M-2) District on a parcel fronting approximately 130 feet on Route 10 and located approximately 1500 feet west of its intersection with Harbour East Drive. Tax Map 117-10 (1) part of parcel 20 (Sheet 33). 80-211 Mr. Leonard Corsentino was present representing Safeway Stores. He stated that this request would allow for the sale of produce, shrubbery~ fertilizer, etc. and would be handled each year in the same manner. Mr. Dodd inquired about the tent to be placed there. Mr. Corsentino stated it would be very well constructed and would have a pleasing appearance. Mr. Dodd stated that the County was very pleased to have Safeway Stores in Chesterfield. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Bookman, this request was approved subject to the following conditions as recormnended by the Planning Comiseion: 1. The asphalt surface of the site shall not be disturbed. 2. The use shall run from March 1st to September 30th of any calendar year only. No wintertime operation shall be permitted. 3. Any tent and display case erected on the site shall be temporary in nature. Any tent or display ease shall be removed from the site during the period of 0etober tst through February 28th. 4. From October 1st to February 28th, the site will revert to its original use as a parking lot. 5. Only two signs, no larger than eight (8) square feet each~ shall be permitted for this use. These signs shall not be illuminated or luminous. 6. No additional exterior lighting shall be permitted. 7. The site shall be maintained in a neat orderly fashion. 8. The above comments notwithstanding, the site plan submitted with the application dated 2-6-80 and prepared by S. Fineran shall be considered the plan of development. 9. This Conditional Use shall be granted to Safeway Stores, Incorporated, exclusively. It shall not be transferrable nor run with the land. 10. This Conditional Use shall be granted for the purpose of allowing sale of produce. No other merchandise shall be sold from the premises. 11. This Conditional Use shall be granted for a one year period only. Upon expiration of the conditional Use, I the applicant may reapply and upon satisfactory demonstratio~ that the use has not adversely affected adjacent property ~ owners, the Planning Con~nission and Board of Supervisors ~ may renew the permit. Vote: Unanimous Mrs. Girone excused herself from the meeting. 80S041 In Matoaca Magisterial District, Calvary Baptist Church requested a Conditional Use to permit multi-family development (2 duplexes) on a .84 acre parcel fronting approximately 170 feet on the north line of Aldridge Avenue and located approximately 200 feet east of its intersection with Jefferson Davis Highway and better known as 2542 Aldridge Avenue. Tax Map 163-7 (4) Boulevard Heights, Block A, Lot lA (Sheet 49). 80-212 A gentleman was present representing the applicant. He stated the conditions were agreeable. There was no opposition present~ On motion of Mr. O'Neill, .seconded by Mr. Bookman~ this request was approved subject to the following conditions as recon~nended by the Planning Commission: 1. A minimum of two parking spaces shall be provided for each unit. These spaces shall either be paved or graveled. 2. All parking spaces and interior driveways shall be set back a minimum of thirty-five (35) feet from the ultimate right-of-way of Aldridge Avenue. Parking shall be designed to prevent the projection of any vehicles south of the front building line. 3. The above comments notwithstamding, the plan prepared by Charles C. Townes & Associates, dated February 1~ 1980, and submitted with the application shall be the plan of development. Ayes: Mr. Dodd, Mr. Daniel, ~ir. BoOkman and Mr. O'Neill. Absent: Mrs. Girone. Mrs. Girone returned to the meeting. 80S054 In Clover Hill Magisterial District, Douglas M. Newcomb requested rezoning from Community Business (B-2) to Light Industrial (M-l) plus a Conditional Use Planned Development of a 1.24 acre parcel fronting approximately 300 feet on the west line of Turner Road and located approximately 170 feet south of its intersection with Belmont Road. Tax Map 40-15 (1) ~arcel 5 (Sheet 15). Mr. Newcomb was present. Mr. Bookman stated he had reviewed this plan and felt it would be an asset to the area. There was no opposition presant. On motion of Mr. Bookman, seconded by Mr. O'Neill, this request was approved subject to the following conditions as recommended by the Planning Cormmission: 1. The uses permitted shall be limited to the manufacturing of vibrating conveyor belts~ No other business or manufacturing operation shall ba permitted. 2. Prior to the release of any occupancy permits, forty-five (45) feet of right-of-way measured from the centerline of both Belmont and Turner Roads for the lengths of the property adjacent thereto shall be dedicated to and for the County of Chesterfield, free and unrestricted. 3. The front facades of the building shall employ earth tone colors and brick or stone panels shall be incorporated in the design and constructed so as to break the monotony of the metal facing. A colored rendering shall be submitted for approval in conjunction with schematic plan review° The area lying between the building and Turner Road shall be landscaped with appropriate ground cover In addition a minimum of twelve (12) evergreens (ornamental trees ' and shrubs) having an initial height of six (6) feet shall be placed between the building facade and Turner Road° Evergreens having an initial height of six (6) feet shall be planted between the customer and employee parking area and Turner Road. These evergreens shall be of sufficient density so as to screen the parking spaces from property to the east. That area lying between t~e truck loading area and Turner Road shall be completely screened from view of property lying to the east. This shall be accomplished with a combination of a solid board fence and evergreens having an initia'l heigkt of six (6) feet~ A landscaping plan depicting these requirements shall be submitted for approval in conjunction with schematic plan approval. 80-213 10m 11. (NOTE: 0nly one access to Turner Road shall be permitted. This access shall be confined to the employee and customer parking area, as shown on the plan prepared by S ~ dated March 31, 1980. Truck access shall not betafz permitted. Ail truck delivery shall be confined to the Belmont Road access. Upon approval of this request, the following exceptions to the bulk requirements of the Zoning Ordinance shall be permitted: a. A thirty (30) foot exception to the one hundred (!00) foot setback requirement from residentially zoned districts. b. A twenty-five (25) foot exception to the required fifty (50) foot setback for buildings and parking along Turner Road. c. A fifteen (15) foot exception to the thirty (30) foot rear yard setback requirement. A deceleration/acceleration lane shall be provided along Belmont Road. This lane shall tie into the existing pavement and curb and gutter on property to the east (7-Eleven). One sign not to exceed twenty-four (24) square feet in area and a height of ten (10) feet shall be permitted~ This sign shall neither be luminous nor illuminated~ This sign shall employ subdued colors and blend with the architectural style of the building. Prior to erection of the sign, a rendering shall be submitted to the Division of Development Review for approval. The above noted conditions notwithstanding, the site pisn prepared by Staff dated March 31, 1980, shall be considered the plan of development. The above noted conditions notwithstanding all bulk requirements of the Light Industrial (M-i) District shall be applicable. All parking and driveways shall be paved. Per the requirements of the Zoning Ordinance, schematic plans must be submitted to the Planning Commission for approval.) Vote: Unanimous 80S055 In Midlothian Magisterial District, the Department of Community Development requested an amendment to a previously granted Conditional Use (Case #77A151) for a 50 acre parcel fronting approximately 300 feet on the north line of Midlothian Turnpike and located approximately 1150 feet east of its intersection with Sonthlake Boulevard. Tax Map 17-6 (1) parcels 7 and 9 (Sheet 8). Mr. M. W. Burnett was present representing the applicant. He stated that the Hospital will construct their road as soon as the connecting road is constructed and that property is currently being considered for re~oning. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, this request was approved subject to the following conditions as recommended by the Planning Commission: 1. Temporary occupancy of the hospital structure shall be granted when all applicable code, provisions, regulations and conditions are met with the exception of the construction of the Route 60/Greenfield Drive connector road. 80-214 2. A public road having a right-of-way width of not less than 60 feet shall be constructed from U. S. 60 to whatever through road is planned for Parcel 10 on Tax Map ]7-2. This road shall be built to State standards and taken into the State system prior to the issuance of a final occupancy permit. The road shall be designed and constructed to align and tie into the aforedescribed road, once road and drainage plans for that road have been spproved. Vote: Unanimous 80S042 In Midlothian Magisterial District, Nicholas L. and Bobbie Jo Eubank requested a Conditional Use to permit a stock farm (2 horses) in a Residential (R-15) District on a 2.56 acre parcel fronting approximately 180 feet on Old Buckingham Road also fronting approximately 420 feet on Black Heath Road and located in the northwest quadrant of the intersection of these roads and better known as 1500 Black Heath Road. Tax Map 16-7 (2) Ayrshire, Lot 15 (Sheet 7). Mr. Barry Disney was present representing MK. and Mrs. Eubank. He stated that the property was purchased with the idea of having horses there, that the area is located away He stated that it would be unfair if they were not permitted this from Old Buckingham Road so as not to,cause undue problems~ that the animals are show horses and will not be kept in a field causing odor problems and that the property is wooded~ ~ use of their land as other horses are kept in the area. Mrs. Gayle Smith~ an adjacent property owner, stated that some of the woods would have to be cut and an odor problem would exist. She stated that she has two small children and is also concerned about their safety. Mrs. Girone stated she had received some complaints from area residents regarding the motorcycles that the Eubanks allow to be driven in the area presently and that with the additional impact of the horses in the area, the residents could not handle it. Mr. Disney stated that there would not be any additional horses brought to the property amd that it would seem the use of motorcycles in the area would be decreased because of the horses. Mrs. Girona stated she had discussed this matter with Mrs. Eubank and she would not indicate there would ba less noise from the motorcycles because of the horses, She stated she had been considering a one year trial period. Mrs. Eubank stated that the motorcycles would be minimal with the horses on the premises and that she is aware of the neighbors concerns and would try to lessen the impact. Mrs. Girone stated that if this request were granted, any building which might be constructed, may not be usable if the renewal were not approved~ Mrs. Eubank stated she wa~ aware of this matter. After further consideration it was on motion of Mrs. Girone, seconded by Mr. O'Neill resolved that this request be approved subject to the following conditions: This Conditional Use shall be issued to and for Nicholas L. and Bobbie Jo Eubank and shall not be transferrable nor run with the land. 2. No more than (2) horses shall be kept on the property. 3. The pasture area shall be located at least seventy-firm (75) feet from any residence. The area shall be appropriately fenced in order to properly secure the horses. 80-215 4. The pa~%~e area shall be cleaned and made free from manure when necessary. In addition, fresh straw and disinfectant shall be applied to eliminate the proliferation of odor and the propagation of insects_ No commercial activity with respect to the keeping of these animals shall be permitted. 6, This Conditional Use shall be valid for a period not to exceed one (1) year from date of approval and may be renewed upon satisfactory reapplication, which must demonstrate that the keeping of these horses has not (and will not) adversely affected adjacent properties. 7. The barn which will house these horses shall be located a minimum of seventy-fi~e (75) feet from any structure or public rights-of-way. 8. The above conditions notwithstanding, the plan submitted with the application shall be considered the Master Plan for this development. 79S099 (Amended) In Dale Magisterial Districts S & D Associates requested rezoning from Agricultural (A) to Residential (R-7) plus a Conditional Use to permit construction of 192 multi-family units on a 25 acre parcel (approximately) which lies approximately 600 feet off the north line of Beulah Road measured from a point approximately 3200 feet southwest of its intersection with Hopkins Road. Tax Map 66-7 parts of parcels 2 and 4 (Sheet 22). Mr. Durwood Felton was present. Ha stated they would like to proffer the condition that the multi-family units be condominiums for sale and not for rent and submitted a letter to this effect. He stated that after reviewing all the alternatives they felt this would be best for the area, single-family dwellings would bm on the remainder of the land~ the condominiums would be located entirely in the center of the parcel and the condominiums would relisve the concerns of the adjacent property owners who were opposed to the rental units. He stated this would allow for higher quality construction of the buildings, the single family area would have larger lots, the condominiums would be restricted to one and two bedrooms, there would be separate common areas such as swimming pools, tennis courts, etc. for the single family homeowners and the condominium owners and that the condominiums would range in price from $40,000- $50,000 and the homes approximately $40,000. Mr. O'Neill questioned the price of the $40,000 homes. Mr. Felton stated it was Just an estimate. Mr. O'Neill stated he felt the adjacent landowners might be concerned about what type home could be constructed for $40,000. Mr. Bookman stated he had some townhouses which were shifted to single family units and this was not a very good situation. Mr. Felton stated they would be constructing the units over a two year period and there would be 12 units per building and 16 buildings. Mr. Kelly Miller, representing Fuqua Farms and Mr. and Mrs. Meeks, was present. He stated this was the first time he had heard of this proposal, that his clients are and have been against this since 1973, that they are concerned about multi-family use and the density in the area. He stated the applicant is trying to receive the maximum profit from the land which is understandable but if taken into consideration, the residents and their investments represent much more than the applicants. He stated petitions have been received by the 80-216 County from more than 475 people in the area who are opposed~ He stated this is the fifth time he has been present for basical]; the same proposal for which they are opposed. He stated the applicant has stated he would put restrictions in the deeds that these units cannot be rented, but he feels this could not be upheld in Court which means it is an empty, hollow promise. He stated most condominiums are bought by speculators who wish to rent them. He stated they were concerned also with school problems, the traffic in the immediate area, the building construction, the detrimental effect it would have on the aesthetics of the area and the reduction of property values. He stated General Plan 2000 and the County's comprehensi plan are against this and it would be spot zoning. He stated zoning was provided so that it would promote health and safety of residents which this does not do, as it will provide congestion in the streets, add to the police and fire responsibilities, it will not be convenient and harmonize the community and it will overcrowd the land population in the area. He stated that his clients are in favor of straight Residential (R-7) zoning only. Mrs. Jean Meeks cited traffic congestion and the market value of her home decreasing as reasons for opposition. Ms. Pat Lor~ and Mr. George Rossenson stated they were opposed because of the traffic increase, the overcrowded school conditions and inferior construction. Mr. Rossenson stated the applicant has been presenting the same pictures for the condominiums as were presented for the apartments and townhouses. Mr. Bob Hoffman, Mr. H. B. Foreman and Mr. David Pierce voiced their opposition because of the hazardous intersection of Beulah and Hopkins Roads, the safety of the children in the area and the increased traffic on a road which could not handle it. Mr. Joyner, the applicant, stated that they would be dedicating a road right-of-way for widening of the road, they would donate land to straighten out the curve, that 360 units could be developed for single family and 400 units could be developed using zero lot lines and this request is for 411 units on 91 acres. He stated density in the County allows for 124 units per acre and his request is 7.6 units per acre. He stated the Planning staff had recommend this, that they could go with existing zoning. Mr. 3oyner stated they would include the no rental clause in the deeds. Mr. Micas stated this would only take care of the initial sale and after that they could be rented as you cannot control the subsequent sales. Mr. Joyner stated the association which could be established could control this by their own rules. Mr. Micas sta that was correct and the County could review the bylaws of the association. Mr. Joyner stated several years ago when he originally applied for this rezoning he was asked to withdraw it which he did. He stated Dale District needed this type of housing. Mr. O'Neill compared the difference in bedrooms from complete single family units and the request. He stated there was not a large number difference between the two. Mr. O'Neill inquired how many square feet was plannned for the single family units. Mr. Joiner stated between 960 and 1100 square feet. Mr. Daniel stated he understood the frustration of both parties. He stated as a matter of record, this case was d~ferred to allow the applicant's engineers to ascertain if an alternative to the multi-family units was feasible and it appears to them that it is not. He stated he felt Dale District had enough apartments, actually too many, at this time. He stated he felt it would bm in the best interest of the safety, health and welfare of the area not to have additional multi-family in the area. Mr. Bookman stated that if the applicant Were to consider making thm R-7 area R-9 ~ere would be less density. 80-217 Mr~ Dodd stated that sometimes when certain characteristics develop in an area it is hard to change them. Mr. Daniel stated that the surrounding area is R-12 and this request is actually incompatible with the area. Mr. O'Neill stated he felt if this request were denied, the residents will be disappointed with what is approved later. He stated that housing today, is not following the same trend that it did at the time they bought their homes. After further discussion of the matter, it was on motion of Mr. Daniel, seconded by Mrs. Girone, resolved that this request be denied as well as the proffered conditions submitted by the applicant. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Nays: Mr. O'Neill. 79S142 (Amended) ImClover Hill and Midlothian Magisterial Districts, Midlothian Development Corporation requested rezoning from Agricultural (A) to Residential (R-7) of 1240.3 acres; to Townhouses-For-Sale (R-TH) of 56.9 acres; to Office Business (0) of 15.0 acres; to Community Business (B-2) of 54.5 acres; and to Light Industrial (M-i) of 144.6 acres; and a Conditional Use to permit construotion of 1185 multi-family units for rent on 98.7 acres of the Residential (R-7)property; construction of 403 two-family units for sale an 80.8 acres of the Residential (R'7) property; construction of 463 multi-family units for sale on 92.6 acres of the Residential (R-7) property; construction of 607 condominiums on 76.0 acres Df the Residential (R-7) property; and a Conditional Use Planned Development encompassing the entire 1511.3 acres. This property lies in two separate tracts. The west tract fronts ~pproximately 4200 feet on the west line of Coalfield Road~ is partially bordered by Old Hundred Road on the south and is bordered by Little Tomahawk Creek to the west. The east tract fronts approximately 2600 feet on Genito Road, is bordered on the west by proposed Route 1-288, partially on the north by Issac Walton Park and the east line lies 5200 feet from its west line. Tax Map 26 (1) part of parcel 6; Tax Map 36 (1) parcels 7 and 8; Tax Map 37 (1) parcel 2 and parts of parcels 1, 3, 5, 9 and 12; Tax Map 37-3 (1) parcel 16; Tax Map 37-7 (!) parcel 1; Tax Map 48 (1) parcel 48 and parts of parcel 46. (Sheets 7 and 13). Mr. Jeffrey Muzzy, Director of Community Development, gave a brief su~cnary of the process used to assess the impacts of the proposed development. He stated that upon the initial application of the subject development as well as the Charter Colony Development, staff was asked to consider the impacts of the development on school facilities, utilities, transportation~ and other public facilities such as libraries, parks and fire stations. Mr. Muzzy stated that a prime concern being expressed about this development was the County's obligation to provide sanitary sewer service. He stated that the approval of the zoning would not obligate or require the County to provide sewer service. The zoning approval is an overall master plan for the development of the property but the specific details such as sewer service must still be resolved. He stated that from the staff's point of view the planned unit development process is a positive approach for the County as it better allows the planning of further services than fragmented zoning requests. Mr. Morris Mason, representing Mr. Joe Mat%iko and John Smith~ stated they were conceraed with conditions #46 and ~54. Mr. John Smith stated the two concerns were basically the consideration of drinking water and the protecton of the Swift Creek watershed as well as the possibility of closing Coalfield Road. He stated he felt the roadway was located too close to the watershed and that the closing of a major road guch as Coalfield, would present a hardship. 80-218 Mr. Bookman stated he felt this was the way to plan and develop in Chesterfield County. Ne added that this would be phased into the area. Mrs. Girone stated she was proud of the work by the developer and staff in this matter, that the impacts had been addressed and the Midlothian reside~ts are fortunate to have this development with this much planning in the County. She stated that when growth does come, we are fortunate to have cooperation from all concerned. There was no opposition present. Mrs. Girone stated Mr. Smith's comments could be noted in the record and discussed By Planning Co~ission. On motion of Mr. Bookman, seconded by Mrs~ Girone, this request was approved subject to the following conditions and with the applicant proffering certain conditions as listed, all of which was recommended by the Planning Commission: 1. Working interpretations of any and all conditions and/or exceptions to the application shall be made by the Planning Com~nission at the request of the Department of Community Development, upon submission review and approval of schematic plans as required by Section 21-34 (L) (4) c of the Zoning Ordinance. Furthermore, the Commission may conditionally approve schematic plans to ascertain that they will be in conformance with the approved Master Plan and other applicable ordinances. 2. The application form and all EXHIBITS A through N shall be considered the application and Master Plan. It shall be the policy of the Planning Commission to interpret the Master Plan, as a statement of intent and purpose~ The Master Plan shall be modified by the conditions as imposed and approved herein and to conditions imposed by schematic plan approval. Approval of the l~aster Plan does not imply that the County gives final approval of any particular subdivision road section. 4. Except where expressly referred to herein, approval of this appliaation does not guarantee that the developer can build or construct facilities in the future in accordance with present regulations. If future County standards are more or less restrictive than those established herein, the County may require construction to adhere to the more restrictive standards. 5. A copy of any covenants, deed~restrictions and amendments related to homeowner associations shall be approved by the Division of Development Review and the County Attorney's Office for adherence to County Ordinances prior to the recordation of such documents. 6. No uses shall be permitted which would use any water or sewer system other than Chesterfield County public utility system. Approval of this request does not obligate the County to extend any water or sewer lines. Ail extensions and necessary improvement costs shall be bo=ne by the developer. Approval of this request does not obligate the County to approve the plans for water and sewer extensions, as described in EXHIBIT N~ Prior to construction, water and sewer plans must be submitted to and approved by the Utilities Department. 7. Notwithstanding, the exception to use and bulk regulations granted herein, approval of the application by the Board of Supervisors does not obligate the Planning Commission to approve a particular schematic plan which is not in conformance with the spirit, intent and purpose of this request. 8o Open space required to satisfy density and/or lot require- ments for a single tract, development and/or individual lot shall not be counted as required open space for any other tract, development and/or lot. 80-219 9. Land area in common space, which is required to make up for reduced lot size, shall be land reasonably usable for open space or otherwise left substantially in its natural state, 10. The dedication of common open space to any community association and the improvements therein shall be continually reviewed by the Planning Commission throughout the life of the development in order that the areas do not become a burden at any one time on the lot owners of Evergreen. 11. The number and location of fire hydrants shall be determine by the Chesterfield Fire Department. The developer shall bear the cost of installation for hydrants. 12. Ail individual residential subdivisions having fifty-nine (59) or more lots shall have a second public road access prior to the recordation of any subdivision plat. No more than fifty (50) building permits shall be issued for each development until the second access is constructedto VDt~T standards. A third public road access shall be provided prior to the recordation of more than 239 lots and prior to the issuance of more · than 200 building permits. 13. Street lighting standards, equipment, and maintenance of other than standard COunty street lighting, shall be provided 5y the developer (or his assignees) at his (their) expense. If the County agrees to pay for street lighting current, the Board shall first approve the street lighting plan as to the County's commitment. 14. Dwelling units of the multi-family type may be transferred ~ from one tract to another with multi-family housing as longI as the calculated density in that tract designated in the application and the calculated multi-family dwelling units designated by the application for the whole project are not exceeded as shown in Exhibit D of the application. 15. All parking areas of thirty (30) spaces or more and all nonresidential parking areas shall contain appropriate landscaped areas as deemed necessary by the Planning Co~nission at the time of schematic plan review and approval. 16. Ail internal public roads shallhava a minimum of two (2) lanes, each of which shall have a minimum of twelve (12) feet of pavement~ This comdition may be modified at the time of schematic plan review and approval. 17. To avoid potential algae and~ ~iltation problems, the minimum depth of any lake, pond or other water impoundment area shall not be less than 3~ feet within ten (10) feet of the shoreline. 18. Ail Single Family A dwellings shall have a required front yard of thirty (30) feet except that the required front yard may be reduced to tem (10) feet for a maximum lineal distance of thirty percent (30%) of the front lot width provided that the=e shall be no openings in any wall of any enclosed structure parallel to the street~between thirty (30) feet and ten (10) feet from the front lot line and that such reductions may not be made on more than three (3) adjacent lots nor on more than forty percent (40%) of the lots in the Single Family A category. At least two (2) parking spaces (one of which shall be enclosed) shall be provided on each lot. In no case shall the front yard on a corner lot be less than thirty (30) feet. (This condition supersedes Exhibit B, Single Family A, Article 9, Section 21-107 Required Conditions, (3) Front Yards, Required.) 80-220 20. 21. 22. 23. 24. 25. 26° 27. 28. In Single Family A tracts, fencing up to seven (7) feet in height shall be permitted in any rear or side yard provided it is wholly within the property lines and conforms to all yazd requirements. Fencing higher than three (3) feet six (6) inches shall not be permitted in any front or corner side yard. (This condition supersedes Exhibit B, Single Family A, Article 9, Section 21-107, Additional Required Conditions (1)). In Single Family B tracts, houses with front yards less than than thirty (30) feet shall not occur on through streets, shall be grouped on cul-de-sacs with a maximum of twenty (20) houses and shall not include openings in walls of living or bedroom areas generally parallel to streets. (This condition is in addition to the required front yards specified in Exhibit B, Single Family B, Article 9, Section 21-107 Required Conditions, (3) Front Yards). In Single Family B tracts, fencing up to seven (7) feet in height shall be permitted in any rear or side yard. Fences higher than three (3) feet six (6) inches shall not be permitted in any corner side or front yards~ (This ~ndi~io~ supersedes Exhibit B, Single Family ticie ~,Additional Required Conditions In Single Family C tracts, houses with front yards less than thirty (30) feet shall not occur on through streets and shall be grouped on cul-de-sacs with amaximum of twenty (20) dwellings. (This condition is in addition to Exhibit B, Single Family C, Article 9, Section 21-107 Required Conditions (3) Front Yards). In To~nhouse tracts, houses with front yards less than twenty-five (25) feet shall not occur on through streets and shall be grouped on cul-de-sacs with a maximum of thirty (30) houses. (This condition is in addition to Exhibit B, Townhouse Lots and To~nhouses, Article 10, Section 21-113 Required Conditions, (3) Front Yards). A second public road access shall he provided where there are more than fifty (50) multi-family t~aits. No more than fifty (50) units shall be constructed until the second public road access is completed. A third public road access shall be provided where more than 239 Iaulti-family units are constructed and the access shall be completed prior to the construction of the 201st unit. A fifty (50) foot radius shall be provided at the end of all stub roads in multi-family and condominium tracts. This condition may be modified at the time of schematic plan review and approval. %n multi-family a~d condominium tracts, a minimu~ of thirty (30) feet of pavement width shall be provided on all access roads leading from public roads and a minimum of twenty-five (25) feet of pavement width shall be provided on all other rivate streets and driveways. As used herein, the term ~access read" shall be those roads designated as such by the Department of Communtiy Development. (This condition supersedes Exhibit Mulfiple Family and Condominitun~, p. Access). In multi-family and condominium tracts, all roads, driveways and parking areas shall be paved, curbed and guttered. (This condition supersedes Exhibit B, Multiple Family and Condominiums, Q. Vehicular Area Paving). Any apartment buildings or condominiums constructed along any public road shall front that road except in areas where open space and buffers screen the units from the public road. 80-221 In multi-family and condominium tracts, parking shall be provided at a ratio of two (2) spaces per dwelling unit° A centrally located storage area for boats, trucks, campers, travel and utility trailers shall be provided, the total of which may be subtracted from the total number of required spaces. (This condition supersedes Exhibit B, Multiple Family and Condominiums, M. Parking). 30. In multi-family and condominium tracts, recreation areas and facilities shall be available and readily accessible to the residents of the tract, either provided within the tract or in other parts of the planned development of which the tract is a part and shall be indicated on the schematic plans submitted for approval. There shall be at least one swimming pool for each one thousand (1000) dwelling units of all kinds in the tract or planned development, at least one (1) tennis court for each five hundred (500) dwelling units, play fields, tot lots, picnic tables and other such amenities as provided in the total comunity. The service area of of each facility shall not exceed a one (1) mile radius, end the required recreation facilities shall be built and operational by the time sixty (60) percent of the dwelling units in the service area are ~mplece. (This condition supersedes Exhibit B, Multi- family and Condominiums, 31. In multi-family and condominium tracts, an all weather fire lane, in accordance with the Chesterfield Fire Prevention Code, shall be provided to afford access to each building for fire fighting activities and equipment. 32. In multi-family and condominium tracts, the developer shall, provide an adequate number of trash containers, the number of which shall be determined by the County Health Department. All outdoor trash receptacles shall be screened from view by a solid board fence or evergreen planting. Trash collection shall be on a regular basis in order to prevent any health problems. 33. In Village Centers, twenty-five (25) percent of the tract shall be in co.on open space exclusive of buildings and paved vehicular areas. Portions of the tracts devoted to pavement for pedestrian use and other landscape elements, whether functional or aesthetic in nature, may be included as open space. Where residential units are within or overlook areas which include nonresidential uses, any pedestrian or landscaped areas, including usable or landscaped roof top areas, within such portions of the tract may be included in the total open space of the tract. This condition may be modified at the time of schematic plan review and approval. (This condition supersedes Exhibit B, Village Centers, Article 14, Section 21-152 ReqUired Conditions (7) Cormmon Open Space). 34. All stated conditions herein relative to multi-family and condominium use shall be applicable to residential units located within Village Centers. (This condition is in addition to Exhibit B, Village Center, Section 21-152 Required Conditions, (11)). 35. In Village Centers, in addition to the uses normally permitted in 0ffice Business (0) Districts, the use exceptions shall be limited to the following: 1. Bank 2. Barbarshop 3. Beauty Shop 4. Bicycle sales and rental 5. Book or stationery store 6. Brokerage 7. Catering establishment 8. Drug Store 80-222 9. Florist shop, greenhouse, nursery 10. Furniture store 11. Governmental offices 12. Hospitals, rest, nursing and convaleseent homes 13. Locksmith 14. Messenger or telegraph service 15. Museums 16. Nursery schools, child or day care centers and kindergartens 17. Office supply store 18. Optometrists sales and services 19. Post Office 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. All retail type uses shall be combined into a shopping mall or center type complex and total square footages shall be limited as outlined in the application. (This Condition supersedes Exhibit B, Village Centers, Article 14, Section 21-148 Uses Permitted.) 36. The tracts which are designated as "Business" shall be rezoned to the Convenience Business (B-l) classification (as opposed to the requested Community Business (B-2) classification), with the following use exceptions being permitted: Automobile service statiom 2. Contractor's offices and display rooms Fraternal, philanthropic or other charitable uses 4. Funeral homes or mortuaries 5. Health clubs 6. Laboratories and other reseach and development facilities 7. Schools - commercial, trade, music, dance, business, vocational and training Recreational establishments, indoor and outdoor (related primarily to employees in the tract; such as handball courts, exercise rooms, teDAlis courts; etc.) 9. Convention censer or exposition hall 10. Hotel. motel, or motor court 11 Clubs, lodges, and grounds for games or sports 12 Social, recreational, and community buildings 13 Office-warehouses when thewareheuse area does not exceed 10,000 square feet 14. Theaters, except drive-ins 15. Cocktail lounges, dining halls, night clubs 16. Veterinary hospitals, boarding kennels, or clinics provided that there are no outside runs or kennels 17. Mass transportation (This condition supersedes Exhibit B, Section 2 Article 16, Section 21-158, Uses Permitted.) ' 37. In Offices/Light Industry tracts, outdoor storage shall be located at least one hundred (100) feet from any public street and appropriately screened from view of any public street. A plan for the screening of the use shall be submitted to the Planning Commission in conjunction with schematic approval. - 38. In tracts designated as Offices/Light Industry (M-l), the following use exceptions shall be permitted: Photography studio Radio and television broadcasting studios and office exclusive of towers Restaurants, not including drive-in establishments Savings and loan associations Shoe repair shop Tailoring and dressmaking shops Taxidermy Telephone boeths Telephone exchanges Travel arranging and transportation ticket services Grocery Cleaners 80-223 1. Recreational establishments (indoor and outdoor) 2. Contractor's offices and display rooms 3. Boat sales, including outdoor storage and display provided that not more than five (5) boats shall be visible from a public street 4. Carpenter and cabinet shop 5. Electrical, plumbing and heating shops sales and services ' 6. Business offices 7. Radio and television broadcasting studios and offices~ exclusive of towers 8. Radio, television and other home entertainment, ssles and service 9. Appliance stores 10. Savings and loan institutions 11. Furniture stores 12. Philanthropic and charitable institutions 13. Schools, colleges, libraries and museums 14. Churches 15. Maintenance buildings associated with the operation and maintenance in the area of Evergreen including storage and servicing of trucks and earth moving equipment, workshops, greenhouses, and material storage, provided that all exterior areas shall be visually screened and there shall be no offensive operation of said facility as covered in Section 21-185 (b) of the Chesterfield County Zoning Ordinance 16. Hospitals, clinics, sanitariums, medical and dental laboratories 17. Building materials, storage and sales 18. Contractor's shops and storage yards 19. Electrical, machinery equipment and supplies manu- facturing 20. Furniture and fixtures manufacturing 21. Ice manufacturing 22. Other fabricatsd metal products manufacturing not otherwise specifically listed in the Chesterfield County Zoning Ordinance 23. Mass transportation 24. Transportation equipment manufacturing 25. Textile mill products manufacturing 26. Tobacco manufacturing 27. Wholesale greenhouses 28. Restaurants 29. Telephone booths 30. Paint and wallpaper sales 31. Telephone exchanges 32. Automobile service stations 33. Government offices 34. Commercial storage yards and/or buildings for boats, buses, large trucks, campers, travel and utility trailers 35. Hotels, motels, or motor courts 36. Convention center or exposition hall (This condition supersedes Exhibit B, Section 3 Article 19, Section 21-181 Uses Permitted.) ' 39. A 100 fooh buffer shall be maintained along Office/Industrial Tract 1002 with the exception of areas bounded by industrial zoning. No buffer shall be required adjacent to proposed 1-288. This buffer may be reduced at the time of schematic approval should the Cozmmission determine that the development will not be detrimental to adjacent properties and an appropriate landscaping/screening plan is submitted and approved. 40. A 100 foot buffer shall also surround Office/Light Industrial Tract 1001 with the exception of the areas adjacent to General Business (B-3) and/or industrial zoning. No buffer shall be required adjacent to proposed Route 1-288. This buffer may be reduced at the time of schematic approval should the Commission determine that the development will be Of no detriment to adjacent properties and an appropriate'landscaping/screening plan is submitted and approved. 80-224 41. A minimum of three (3) acres of land shall be dedicated to and for the County of Chesterfield, free and unrestricted, for the purpose of constructing a fire station. The location of this station shall be determined and approved prior to the approval of any subdivision or schematic plan. 42. A qualified Soil Engineer shall design building footings and foundations to fit existing soil conditions on lots in the tracts numbered: 43. A. 101 D. 302 G. 397 J. 404 M. 601 P. 703 B. 203 E. 305 H. 402 K. 501 N. 602 Q. 704 C. 204 F. 306 I, 403 L. 502 O. 702 R. 801 A qualified Soil Engineer shall test on-site road'fill material to insure accordance with VDH&T standards, especially in relation to California Bearing Ratio, on road rights-of-way in tracts numbered: A~ 101 E. 204 I. 307 M. 502 Q. 703 B. 102 F. 302 J. 403 N. 601 R. 801 C. 103 G. 305 K. 404 O. 602 D. 203 H. 306 L. 501 P. 202 44. Final construction plan shall show a complete drainage plan that shall include provision for positive fall outlets for each lot in the tracts numbered: A. 203 E. 407 I. 1002 B. 204 F. 502 C. 304 G. 701 D. '305 H. 802 45~ In Tract 202, a water tank site shall be dedicated to and for the County of Chesterfield, free and t~restrictado This site shall be a minimum of 150 feet by 150 feet and shall be located on the highest elevation of Tract 202. Thi. dedication shall be accomplished prior to the recordation of any subdivision in Tract 202 or whenever the Utilities Department requests dedication. 46. A north/south collector road through Evergreen West shall be constructed. This road shall be constructed as a continuous four-lane collector road with divided median and shall have a minimum right-of-way width of not less than seventy (70) feet. This road shall not connect to Coalfield Road, but shall more or less parallel Coalfield Road. This road shall connect to the proposed north/south road through "Charter Colony", property to the north. The road shall be located as far west of Coalfield Road as possible. This road shall eventually intersect Old Hundred Road. This road shall be constructed for its entire length and taken into the State system when forty (40) percent of Evergreen West is developed. 47. Thirty-five (35) feet of right-of-way, for the entire length of Evergreen West and East which abuts Coalfield Road, measured from the centerline shall be dedicated to and for the County of Chesterfield, free and unrestricted. This dedication shall be accomplished prior to the release of any building permits. 48. From the intersection of Relocated Coalfield Road and existing Coalfield Road southward to Old Hundred Road, Relocated Coalfield Road shall be constructed as a four 80-225 lane divided median roadway with a minimum right-of-way of ninety (90) feet. This road shall be constructed in conjunction with any nonresidential development occuring within those tracts abutting Relocated Coalfield Road. This road shall be completed and taken into the State system prior tO receiving occupancy for any nonresidential structures within that area. 49. An east/west collector road which shall stub into property to the west and align with Queensgate Road to the east shall be constructed as a continuous two-lane collector road and shall have a minimum right-of-way width of not less than seventy (70) feet to provide for future widening. 50. Luck's Lane from the terminus of State maintenance to Relocated Coalfield Road westward shall be constructed as a four (4) lane road with a minimum right-of-way of ninety (90) feet. This road shall be constructed and taken into the State system when forty (40) percent of the residential units in Evergreen East are developed. 51. A fifty (50) foot buffer shall be maintained along both sides of Luck's Lane and the east/west collector road described in Condition 49. Ail existing vegetation shall be retained and in cleared areas of 200 square feet or greater, a landscaping plan shall be developed, submitted and approved in conjunction with the schematic plan approval for any portion of the development adjacent to the buffer. No direct private or individual commer6ial access shall be permitted to either of these roadways. Access shall be limited to public rights-of-way. This condition may be modified at the time of schematic plan review and approval. 52~ At the time of tentative approval or schematic approval of any development, dedication of right-of-way in accordance with the Chesterfield General Plan shall be accomplished. However, if it is determined by VDH&T or County staff that right-of-way over and beyond the designated right-of- way is required, such dedication shall be aocomplished. 53. No individual residential lots shall front Existing or Relocated Coalfield Road. No individual private access or commercial access shall be permitted on either Existing or Relocated Coalfield Road. Access shall be limited to public rights-of-way. A buffer having a width of not less than one hundred (100) feet shall be provided along Existing Coalfield Road for the entire length of Evergreen West and Industrial Tract 1002. A fifty (50) foot buffer shall be maintained on both sides of Relocated Coalfield Road in Evergreen West and along Existing Coalfield Road adjacent to Tract 706. No development shall occur within these buffers. These buffers shall consist of retention of existing vegetation and in cleared areas of two hundred (200) square feet or greater, a landscaping plan shall be developed, submitted and approved in conjunction with the schematic plan approval for any portion of the development adjacent to the buffer. This Condition may be modified at the time of schematic plan review and approval. 54. Two hundred and fifty (250) feet of right-of-way shall be dedicated for the lengths of the property which this development is sdjaeent to Powhite Parkway. This right- df-way shall be limited access. Dedication shall be accomplished at such a time that the VDH&T determines it necessary. Until such a tim~ that staff's plan (dated November 20, 1979) is superseded by the Highway Commission,s · approval of the engineering design and location plans, staff's plan shall be the guide in determining said dedication. (Note: At such a time that Powhite Parkway is extended, Existing Coalfield Road shall be stubbed off at the north right-of-way of Powhite Parkway.) 80-226 55. Prior to the approval of any schematic plans or subdivision plans, the overall Master Plan shall be redrawn to reflect any conditions imposed which changes the development layout. The Division of Development Review shall approve this plan and insure compliance with all conditions and zoning requirements. 56. An additional twelve (12) feet of pavement shall be provided along existing Coalfield Road for the entire length of Tract 1002. This lane shall be constructed to State standards and taken into the State system. This additional lane of pavement shall be for the purpose of providing right and left turn movements. The developer shall provide space suitable for the provision of a "park and ride" lot. The location of this lot shall be in the vicinity of the proposed commercial center fronting Relocated Coalfield Road. If deemed suitable this "park and ride" lot may be incorporated as part of the required parking area for the cormmercial center. This shall be determined at the time of schematic plan approval. 58. The developer shall be required to retain drainage on site for a fifty (50) year fully developed condition with a release rate not to exceed a ten (10) year undeveloped condition. This condition may be modified at the time of schematic plan review and approval. 591 The developer shall specify the type of fertilizer to be used and the rate of application. 60. Prior to the start of any construction, development plans shall be submitted to the Swift Creek Watershed Committee for their review and approval. The developer has proffered the following conditions: 1. The applicant has proffered the following condition relative to school sites: "We have set aside 17.6 acres for an elementary school site which we will agree to donate to the Chesterfield County School Board at any date they desire. We have also set aside a 63 acre high ~ school site and a 42 acre middle school site. We will agree to sell these two sites to the County on the following basis: We will hold these two sites for purchase by the Chesterfield CoUnty School Board for a period of ten years. The School Board may purchase either, or both sites at any time prior to December, 1990. The purchase price of these sites will be determined by utilizing a base price of $6,000 per acre up through December, 1980. This base price will increase every twelve month period after December, 1980 b ~ y 10% per year~ compounded (1981 - $6,600 per acre; 1982 - $7,260 per acre; 1983 - $7,986 per acre; etc.) It is our feeling that this time frame and the financial consideration involved offer favorable consideration to the School Board and the County in general." 2. The applicant has also proffered the following condition relative to project phasing: "We would like to proffer with our zoning application that our development would be phased over at least a 15 year period. We would like to propose to the Planning Commission and the Board of Supervisors that Evergreen will not grow at a faster pace than 15 yeara, consequently, the impact of our development on the County can be projected on a firm basis during this period of time. We would like to propose that the number of occupancy permits issued in the Evergreen project will not exceed a total of 300 per year for the period of 1980 to the year 1995. It should be Understood that we agree not to exceed the aggregate total of 300 per year but if there are years when less than 300 occupancy permits are issued, then the annual deficiency can be made up in subsequent years as 80-227 long as the total number of permits for the project do not exceed the 300 figure multiplied times the number of years the development is in process. For example, in our fift~nYear, if we have only applied for 1000 occupancy permits ' the prior four years, we will be allowed to request up to ~ ~u~n ~e~ts during the fifth year, consequently, y ~n h the fifth year total of no more than 1500 permits or 5 times 300 permits." 7ote: Unanimous .80S037 In Midlothian ~gisterial District, Chesmid, Incorporated requested rezoning from Residential (R-7) to Community Business (B-2) of 7 acre parcel fronting approximately 150 feet on the cas ' a of Salisbury Drive and located an, v~+~- o=~ ~ t l~ne intersection with Midlothian Turnpike. Tax Map 15-12 (1) parcels B3-1, 34, 34-1, 34-2, 34-7, 34-9, and part of 34-4 (Sheet 7). ~r. John Smith was present representing Chesmid, Inc. He presented ~lides of the Midlothian ar~a and the area surrounding their )roposed development indicating zoning and stated he felt there could be a free flow of traffic from Route 60 into the area. He ~tated he did not want a deferral of the entire project bur would ~ike to have the center portion zoned to B-1 and the Board could lefer the remainder if they wished to do so. Ir. MeFarley, a member of the Administrative Board of the It. Pisgah Church, stated the Church opposed this request. He tared there are historical sites in the area, there are cemeteries he bulk of the property zoned in the area is residential, the eighborhood is quiet and stable, no architect or landscaping lans have been presented, and an accurate traffic count has ot been made. He stated the Route 60 property is zoned ~ifferently but that is farther away in another direction. {e stated the only business zoning in the area is for the C P building. He stated the residents have been left to uess what will happen to the area because plans have not ~en presented, that Mr. Smith has proffered some conditions tt the llth hour which they have not been able to completely ~eview, that the zoning being requested will have a tremendous mpact on the area and the residents and that this has been vague, non-specific approach from the beginning. He tated the purpose of zoning is to preserve existing haracteristics of the land and to provide for uses compatible ith the character of the surrounding area. He stated that oning is not allowed so that one can use his land to damage djacent lands which would be the case. He stated they felt his would be spot zoning, that Mr. Smith will not be the eveloper and that is why his plans are so unclear and equested that the Board deny this application. ~. Clarke Jones, a member of the Board of Directors for the ~eater Midlothian Civic League, stated this rezoning would ~riously impact, the stable community of Midlothian, that hey have not objected to large subdivisions in the area but hey feel this would be detrimental to the area. He stated he residents felt the Board would do what is just in this ase and deny the request for rezoning. r. Rudy stated he represented an adjacent property owner, v~t. ?hrray, ho owns property to the north of the 50 ft. road way proposed. ~ s~ated his client is also in opposition to this request and nrtner stated that they would prefer this case be decided today [thout any deferrals. He stated that the Board should consider ~e stability of the area, the historical significance and the ~gal significance and deny the request. He stated a master plan ~s not been designed and the planning is not adequate for this ~quest. He stated that this was an example of piecemeal zoning, ~at this will impact the people tomorrow, and the people have ~ied to work out their concerns up front while the applicant 80-228 has had a total lack of respect for the people in the M' · ~dlothia~' . · . area as well as insulting the zntellzgence of the Board ~%%idA%~%ct~el~rd~,~!~d she was conca~n~d about how this rezoningl ~ Bookman M~oF~y assessment aha Its possible zoning. Mr. stated that it might affect her assessment and that there would exist a possibility that she could apply for rezoning for business and receive it but she would be the one who would have to apply for rezoning, it could not be accomplished )y anyone else. She stated that the residents are apprehensive ~ecause they do not know what is planned or who the developer is, that they have seen vague proposals, and they are concerned about how and what will be developed. She stated she was not against progress, but asked that the blight on this residential community be stopped. Mr. Robert Jones stated three generations of his family lived on Salisbury Drive, with the fourth on its way. He stated that he would like his children to grow up in the same atmosphere he did, walking to school, ate. He stated no plans had been presented which would indicate to what extent the development would be constructed. He stated this was an historic village with the first coal field in Virginia and the first railroad and he was opposed to this request. Mr. John Smith stated a new home in this area has not been constructed for many years, he explained the 50 ft. right- of-way road which narrows to 20 ft. at Mr. M~ra¥'s property, etc. He stated he had not received any reaction from the Planning staff, and that he had planned to discuss this with ~r. T. T. Crump on the Planning Commission but their meetings ~ad been cancelled on several occasions. He presented the Board with an outline of the development and a letter proffering ~hat they would accept. He stated there would not be an ~BC store in the development, that they would include in ~riting protective clauses for the area residents and that :hose changes would provide the residents with conveniences :hey do not have. He stated there were certain financial :easons why he needed to have a portion of this zoned today. {r. Micas stated the Board could not consider any financial conditions as reasons for approval or disapproval. Mrs. Girone stated she has discussed this with all concerned and sh~ has never changed her opinion that a Conditional Use Planned Development was the best for this land use change. She ~tated no plans with buildings or sketches have been presented for this development. Mr. Bookman inquired if the Board ~ould consider Conditional Use Planned Development today. ~r. Micas indicated it could not. Mr. Bookman stated he felt ~omething might be considered in the Conditional Use Planned )evelopment by the applicant. Mr. Smith stated he would like to have B-1 zoning on the center portion of the property md would consider Conditional Use Planned Development on :he remainder. Mr. O'Neill stated that he did not feel the .and would be developed residentially and that perhaps a compromisel ~onld be made. Mrs. Girone stated that this matter was ~ecoming too confused and it was on her motion, resolved that :his request be denied as submitted. Mr. O'Neill stated the mtter could be deferred 60 days and sent to the Planning :o~m~ission with the applicant amending it for a ~onditional Use Planned Development and if he did not submit ~zs amendment, it would return to the Board and the Board ~ould act at that time. On motion of Mr. O'Neill, it was ~esolved that this request be deferred for 60 days. Mr. ~mith stated there were other owners involved but he would ~ccept a Conditional Use Planned Development on their behalf. 4rs. Girone stated she felt it would be best if the request )efore the Board were considered as submitted. A vote on ~r. O'Neill's substitute motion for a 60 day deferral which ~ould allow the applicant time to file an amended request ~as as follows: 80-229 ~yes: Mr. Nezll. ays: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. 'he vote was as follows on Mrs. Girone's motion to deny the roposal as submitted as recommended by the Planning Commission: otc: Unanimous motion of Mr. Dodd, seconded by Mr. Daniel, the Board authorized 2he Utilities Department to extend Sewer Contract No. 7(7)9571, {alfway House Heights area, to serve three additional houses on llokomin Avenue and three additional houses on Melba Street which ~otal extension will be approximately $24,000 ($15,000 for the Melba ;treet extension and $9,000 for the Elokomin Avenue extension) with ~he understanding that the property owners sign contracts or this ~pproval is voided and further the Board appropriated $23,000 ~rom 573 Surplus to 380-1-79571-4393 and $1,000 from 573 Surplus 380-1-79571-2142 for this extension. 'otc: Unanimous ~ motion of Mr. Bookman, seconded by Mr. Daniel, the Board ncreased the selling price of land at the Chesterfield Airport ndustrial Park from $15,000 to $17,500 for those parcels ocated opposite the property adjacent to the runway and rom $20,000 to $22,500 for those parcels located adjacent o the runway all of which is to be effective immediately or any new clients purchasing land, any on-going negotiations o be at the rate discussed at the time when negotiations egan, and further that the Director of Economic Development otify the Board of the economic conditions which would ecessitate the adjustment of land prices at the Industrial ark in the future. ote: Unanimous motion of Mr. Bookman, seconded by Mr. Daniel, the Board ient into Executive Session to discuss personnel matters as ~ermitted by Section 2.1-344 (1) of the Code of Virginia, .950, as amended. 'otc: Unanimous ~econvening: motion of Mr. Daniel, seconded by Mrs. Girone, the Board djourned at 5:45 p.m. until 2:00 p.m. on May 14, 1980. ore: Unanimous icholas M. Meiszer ounty Administrator · aYzand Dodd ~-~ '--~ Chairman 80-230