2013-06-26 MinutesBOARD OF SUPERVISORS
MINUTES
June 26, 2013
Supervisors in Attendance: Staff in Attendance:
Ms. Dorothy A. Jaeckle, Chair Mr. Mike Bacile, Dir.,
Mr. Stephen A. Elswick, Vice Chrm. Purchasing
Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep.
Mr. James M. Holland County Administrator,
Mr. Daniel A. Gecker Management Services
Ms. Janice Blakley,
Mr. James J. L. Stegmaier Clerk to the Board
County Administrator Mr. Kevin Bruny, Chief
Learning Officer
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III,
Registrar
Mr. John W. Harmon,
Real Property Manager
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Jeffrey L. Mincks,
County Attorney
Sheriff Dennis Proffitt,
Sheriff's Department
Chief Edward L. Senter,
Fire Department
Mr. Scott Smedley, Dir.,
Environmental Engineering
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
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Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Ms. Jaeckle called the regularly scheduled meeting to order
at 3:00 p.m.
1. APPROVAL OF MINUTES FOR MAY 22, 2013
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
approved the minutes of May 22, 2013, as submitted.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier introduced Ms. Jennifer Kostyniuk,
Dominion Virginia Power's new Manager of the Central
Virginia region for State and Local Affairs.
Dr. Keith T. Miller, President of Virginia State University
and Ms. Katherine Busser, Executive Vice President and Chief
Operational Risk Management Office at Capital One, and Rector
at VSU, thanked the county for its support of the university.
Mr. Mike Golden shared a few words and pictures from the
KaBOOM playground build event at Bensley that was held on
June 7 to
Ms. Jaeckle noted the playground needed to be built on June
7th during a specific timeframe to match the build out of the
same playground construction project in Los Angeles,
California. She expressed her appreciation to volunteers and
members of the Parks and Recreation Department for their
efforts.
• Mr. Stegmaier announced that the Hull Street Corridor
Revitalization Plan is a 2013 APA Virginia Award winner.
He stated the award will be presented at the awards
ceremony at the APA Virginia Annual Conference in July.
2.B. URBAN LAND INSTITUTE PRESENTATION REGARDING THE
REVITALIZATION OF ETTRICK VILLAGE AT VIRGINIA STATE
UNIVERSITY
Ms. Muriel Rodriguez, Chair of the Urban Land Institute
Richmond Technical Assistance Panel, presented the Board with
highlights of the ULI's recent report on the revitalization
of Ettrick Village at Virginia State University.
Mr. Elswick expressed appreciation to Ms. Rodriquez for the
informative report. He stated the enthusiasm from the ULI
team was very contagious, and the team is preparing to build
something unique and very special in Ettrick for Virginia
State University.
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• Mr. Stegmaier reported that staff met with the rating
agencies last week to provide them an update on what is
happening in Chesterfield. He stated in those meetings
it was determined that the Board has set a clear course
that is paying dividends and has positioned Chesterfield
to continue doing so going forward. He expressed his
appreciation to the Board for setting the course and for
supporting the actions, and thanked staff that helped
make the accomplishments happen.
In response to Mr. Warren's question, Mr. Stegmaier stated
the number of AAA bond ratings has been shrinking over the
last five years and there is a lot of distress within local
governments. He noted there are three AAA localities in the
Richmond region.
Mr. Warren stated the presentations made today were
outstanding. He commended Mr. Elswick for accomplishments
relative to Virginia State University and the Ettrick area.
Mr. Holland also commended Mr. Elswick for his endeavors
relative to VSU. He stated the university has made a
tremendous difference in the community.
Mr. Gecker stated he has noticed a shift in attitude within
the county relative to the Ettrick area. He further stated
the entire Board is focused heavily on the Matoaca District.
Ms. Jaeckle stated she was accompanied by Mr. Elswick on a
Sports Backers bus trip to Washington, DC yesterday. She
stressed the importance of Mr. Elswick's idea of pedestrian-
bike access for Virginia State University students.
3. BOARD MEMBER REPORTS
Mr. Elswick was saddened to report the loss of Army Spc. Kyle
P. Stoeckli, who was killed in combat in Afghanistan on June
1, 2013. He also reported the loss of Lt. O.E. °Buster"
Greene, a retired Chesterfield County police officer. He
announced he attended the Ettrick Library Grand Re-opening on
June 24th. He also announced he attended the VSU Cares Event
on June 15th, which offered dental services to more than 500
citizens. He expressed his appreciation to county high
schools for letting the supervisors participate in high
school graduations.
Mr. Holland announced he attended Wawa's Grand Opening
Ceremony on June 14th, accompanied by Delegate Roxann
Robinson. He also expressed his appreciation relative to
participation in high school graduations.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
added Item 8.A.5., Appointment to the Health Center
Commission; replaced Item 8.C.16., Transfer Funds Within
Parks Capital Improvement Program and Award a Construction
Contract for Matoaca Park Phase III Improvements; and added
Item 8.D.1., Consideration of Amendment of Previously-Adopted
Resolution Authorizing the County to Order a Special Election
to Consider Adopting a Meals Tax in Order to Address the
Public Education and Public Safety Capital Needs of
Chesterfield County.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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5. RESOLUTIONS
5.A. RECOGNIZING MR. MILTON R. JONES, EMERGENCY
COMMUNICATIONS CENTER, UPON HIS RETIREMENT
Mr. Troshak introduced Mr. Milton R. Jones, who was present
to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mr. Milton Jones began his public service with
Chesterfield County as a dispatcher in May 1983 in the
Emergency Communications Center, and faithfully served
Chesterfield County for 30 years until June 1, 2013; and
WHEREAS, Mr. Jones was able to adapt to the ever-
changing environment and growth within Chesterfield County
and the Emergency Communications Center, and participated in
upgrades of the enhanced 9-1-1 system, the county's radio
system, and the Computer-Aided Dispatch System throughout his
career; and
WHEREAS, Mr. Jones has served in the dispatcher and
cross-trained dispatcher positions during his career; and
WHEREAS, Mr. Jones has impacted initial training of new
hires employed by the Emergency Communications Center, which
afforded the center the ability to build its cadre of future
communications officers; and
WHEREAS, Mr. Jones was named the Emergency
Communications Officer of the Year for 1985; and
WHEREAS, Mr. Jones has displayed dedication in the
workplace while working diligently on the department's
Diversity Recruitment Initiative; and
WHEREAS, Mr. Jones displayed a helpful, courteous, and
caring attitude while working with internal and external
customers; and
WHEREAS, Mr. Jones has provided a high level of
commitment to his work performance as a thorough and
conscientious employee; and
WHEREAS, Mr. Jones has provided the Emergency
Communications Center and Chesterfield County with many years
of loyal and dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mr. Jones and his diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of June 2013,
publicly recognizes Mr. Milton R. Jones, and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Jones and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. Jones
and commended him on his many years of loyal and dedicated
service.
Mr. Elswick highly praised Mr. Jones for his devoted service
to the citizens of Chesterfield County.
Mr. Jones expressed his appreciation to the Board for the
recognition.
Mr. Stegmaier presented Mr. Jones with an acrylic statue and
county watch and expressed appreciation for his outstanding
service to the county.
5.B. RECOGNIZING MRS. EMILY W. TURNER, UTILITIES DEPARTMENT,
UPON HER RETIREMENT
Mr. Covington introduced Mrs. Emily W. Turner, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mrs. Emily W. Turner will retire from the
Chesterfield County Utilities Department on June 28, 2013;
and
WHEREAS, Mrs. Turner began her public service with
Chesterfield County working in the Utilities Department's
Billing and Customer Service Section from March 1978 to July
1994, and during this time held several positions, including
account clerk in 1978, customer service representative from
1984 to 1990, and account collector from 1990 to 1994; and
WHEREAS, during the years of 1978 to 1994, Mrs. Turner
performed various duties, including processing utility bills,
establishing and transferring water and sewer accounts,
answering customer service calls, resolving customer account
issues, collecting delinquent accounts, and establishing and
updating policies and procedures related to billing and
collections; and
WHEREAS, in July 1994, Mrs. Turner was promoted to the
position of field services supervisor in Field Services and
in January 1999, received a title change to utilities
services supervisor, and in March 2004, was promoted to
customer operations manager and held this position until
retirement; and
WHEREAS, Mrs. Turner's responsibilities in these
leadership positions included ensuring meters were read
accurately and work orders for service requests were
completed, and that courtesy notifications and disconnection
notices were delivered; and
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WHEREAS, Mrs. Turner was a charter member of the county
Toastmasters Club in 2004, serving in numerous leadership
capacities, including president, vice president of education,
vice president of public relations, club coach and youth club
coach, and she received awards including Advanced
Communicator Bronze and Advanced Communicator Silver, and
completed Competent Toastmaster, Competent Communicator and
Competent Leader requirements; and
WHEREAS, Mrs. Turner participated in numerous activities
and organizations outside of her job responsibilities,
including the U.S Senate Productivity Evaluation and Quality
Award Committee, Model County Government Day, the Diversity
Advisory Committee, Black History Month, United Way Campaign,
Utilities Employee Association, Blood Drive recruitment and
the National Meter Reading Conference; and
WHEREAS, Mrs. Turner was involved with the county's
total quality improvement initiatives by serving on several
employee involvement groups and project action teams, serving
as a member of the Community Development Quality Council,
Utilities Quality Council and County TQI Steering Committee,
and serving on project action teams for the implementation of
Monthly Measurements, ITRON hand-held meter reading
equipment, Collections Program, Rewards and Recognition
Program, After Hours and Courtesy Notification Program, and
in 2000, graduating from the county's Total Quality
Improvement University; and
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WHEREAS, Mrs. Turner oversaw the implementation, upgrade
and daily administration of the Infinity.Mobile module from
2011 to 2013, which provides a complete workforce-automation ,,
application that leverages mobile and wireless technologies
to optimize service-order processes; and
WHEREAS, Mrs. Turner demonstrated significant knowledge
and skills in her responsibilities that benefited the
department, county government and citizens of Chesterfield
County; and
WHEREAS, Mrs. Turner diligently and faithfully worked
daily to provide world-class customer service to internal and
external customers and consistently met or exceeded their
expectations, receiving numerous letters of acknowledgement,
awards and recognition from customers, co-workers and
management; and
WHEREAS, Mrs. Turner throughout her career with
Chesterfield County displayed dependability, professionalism,
aptitude, ethics, good character and good values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of June 2013,
publicly recognizes Mrs. Emily W. Turner and extends on
behalf of its members and citizens of Chesterfield County,
appreciation for her 35 years of exceptional service to the
county.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Turner and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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Ms. Jaeckle presented the executed resolution to Mrs. Turner
and commended her on her many years of loyal and dedicated
service.
Mrs. Turner, accompanied by her husband, expressed her
appreciation to the Board for the recognition.
Mr. Stegmaier presented Mrs. Turner with an acrylic statue
and county watch and expressed appreciation for her
outstanding service to the county.
Mr. Holland commended Mrs. Turner for her accomplishments and
exceptional service to the county.
5.C. RECOGNIZING MS. SUSAN P. TAYLOR, PARKS AND RECREATION
DEPARTMENT, UPON HER RETIREMENT
Mr. Golden introduced Ms. Susan P. Taylor, who was present to
receive the resolution.
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Ms. Susan P. Taylor will retire on July 1, 2013
after providing over 33 years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Ms. Taylor began her service with the
Department of Parks and Recreation in 1979 in the capacity of
part-time Park Aide; and became a full-time Park Aide in
1980; and
WHEREAS, Ms. Taylor was promoted to Park District
Manager in October 1993 for Rockwood Park and then served as
Park District Manager at Iron Bridge Park and currently is
assigned to Huguenot Park; and
WHEREAS, Ms. Taylor has successfully worked her way up
through the ranks of the Chesterfield County Department of
Parks and Recreation; and
WHEREAS, Ms. Taylor has been an invaluable asset and
mainstay for the Parks and Recreation Department since its
early years; and
WHEREAS, Ms. Taylor has accumulated and shared a vast.
amount of knowledge and skill in maintaining Chesterfield
County Parks at a high quality level; especially in the areas
of environmental management and quality improvement; and
WHEREAS, Ms. Taylor has always remained steady,
dependable and consistent in providing productive and quality
work; and
WHEREAS, Ms. Taylor will be greatly missed by her staff,
co-workers, supervisors and the citizens of Chesterfield
County whom she served.
NOW, THEREFORE, BE RESOLVED that
Board of Supervisors, this 26th day
recognizes Ms. Susan P. Taylor and e
her more than 33 years of dedicated
congratulations upon her retirement
long and happy retirement.
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the Chesterfield County
of June 2013, publicly
;xtends appreciation for
service to the county,
and best wishes for a
06/26/13
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Taylor and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mrs. Taylor
and commended her on her many years of loyal and dedicated
service.
Mrs. Taylor expressed her appreciation to the Board for the
recognition.
Mr. Stegmaier presented Mrs. Taylor with an acrylic statue
and county watch and expressed appreciation for her
outstanding service to the county.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment to the Social Services
Board, Economic Development Authority, Senior Connections
Board, Community Criminal Justice Board and the Health Center
Commission.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.1. SOCIAL SERVICES BOARD
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
simultaneously nominated/reappointed Reverend Shawn Robert
Franco to serve as an at-large member to the Chesterfield-
Colonial Heights Social Services Board, whose term is
effective July 1, 2013 and will expire June 30, 2017.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. II
Nays: None.
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8.A.2. ECONOMIC DEVELOPMENT AUTHORITY
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
simultaneously nominated/reappointed Dr. Carlton Miller to
serve as an at-large member on the Economic Development
Authority, whose term is effective July 1, 2013 and will
expire June 30, 2017.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.3. SENIOR CONNECTIONS BOARD
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
simultaneously nominated/reappointed Ms. Sarah Snead to serve
on the Senior Connections Board, whose term is effective July
1, 2013 and will expire June 30, 2016.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.4. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
simultaneously nominated/appointed/reappointed The Honorable
James J. O'Connell III, The Honorable Edward A. Robbins, Jr.,
The Honorable Dennis Proffitt, The Honorable William B. Bray,
Mr. Daniel Holser, Ms. Sarah C. Snead, Ms. Debbie Burcham,
Mr. Randy Rowlett, Mr. Tony Randolph Wyatt and Mrs. Elizabeth
L. Fields, to serve on the Community Criminal Justice Board,
whose terms are effective July 1, 2013 and will expire June
30, 2015.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.A.5. HEALTH CENTER COMMISSION
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
simultaneously nominated/appointed Mr. Charles T. Maguire,
representing the Matoaca District to serve on the Health
Center Commission, whose term is effective July 1, 2013 and
will expire on June 30, 2017.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B. STREETLIGHT INSTALLATION APPROVALS
8.B.1. APPROVAL FOR AN EXCEPTION TO THE STREETLIGHT POLICY
FOR THE INSTALLATION OF TWO PREMIUM-STYLE
STREETLIGHTS ALONG CHESTERFIELD AVENUE IN THE VILLAGE
OF ETTRICK
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
approved an exception to the Streetlight Policy for the
installation of two premium-style streetlights along
Chesterfield Avenue in the Village of Ettrick.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.C.l.a.l. CORPORAL SAMUEL L. NUSSMAN, IV, POLICE DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Corporal Samuel L. Nussman, IV, will retire
from the Chesterfield County Police Department on August 1,
2013, after having provided more than 23 years of quality
service to the citizens of Chesterfield County; and
WHEREAS, Corporal Nussman has faithfully served the
county in the capacities of Police Officer, Senior Police
Office, Master Police Officer, Career Police Officer and
Corporal; and
WHEREAS, during his tenure, Corporal Nussman served as a
Field Training Officer and a Patrol Rifle Operator; and
WHEREAS, Corporal Nussman was selected as the 2009
Police Officer of the Year; and
WHEREAS, Corporal Nussman has served as a shift leader
and has mentored many young officers; and
WHEREAS, Corporal Nussman was repeatedly commended for II
his outstanding performance and dedication to duty; and
WHEREAS, Corporal Nussman is recognized for his
leadership abilities, professionalism and his teamwork
skills, all of which he has utilized within the Police
Department and in assisting citizens of Chesterfield County;
and
WHEREAS, Corporal Nussman has received numerous letters
of commendation, thanks and appreciation from the citizens of
Chesterfield County for service rendered; and
WHEREAS, Corporal Nussman has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Nussman's diligent service.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Corporal Samuel L.
Nussman, IV, and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.C.1.a.2. MR. TIMOTHY K. FERRELL, GENERAL SERVICES, FLEET
MANAGEMENT DIVISION
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. Timothy K. Ferrell joined Chesterfield
County in 1978 as a Class 1 Mechanic for Pupil Transportation
at the Courthouse Bus Shop for Fleet Management; and
WHEREAS, Mr. Ferrell obtained his Virginia State
Inspector's License in 1978 and was promoted to Senior School
Bus Mechanic; and
WHEREAS, Mr. Ferrell received his Commercial Driver's
License; and
WHEREAS, Mr. Ferrell has seen the county's school bus
fleet grow to more than six hundred buses; and
WHEREAS, Mr. Ferrell has been instrumental in
maintaining an average daily school bus availability rate of
97 percent; and
WHEREAS, Mr. Ferrell is a technically qualified, highly
competent technician, dedicated to providing world-class,
consistently excellent customer service to Chesterfield
County Government and Chesterfield County Public Schools, as
well as to the public; and
WHEREAS, Mr. Ferrell has consistently performed his
duties and responsibilities in a professional manner and
placed the welfare and safety of students, faculty, citizens
and fellow county employees as a top priority and will be
missed by his fellow co-workers and customers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Timothy K. Ferrell, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long. and happy retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.1.a.3. MR. EDWARD K. CAMPBELL, GENERAL SERVICES,
ENVIRONMENTAL DIVISION
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. Edward K. Campbell was hired by
Chesterfield County, Virginia, on November 17, 1997, as a
full-time county employee for the Utilities Department; and
WHEREAS, in 2007, Mr. Campbell transferred to the
General Services, Waste and Resource Recovery Division, where
he served as a heavy equipment operator; and
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WHEREAS, Mr. Campbell has helped the Waste and Resource
Recovery - Environmental Division be a leader in protecting
the environment and human health; and
WHEREAS, Mr. Campbell is known for his friendly, easy-
going manner; his ability to work with citizens in a caring
way; and his teamwork with his fellow co-workers; and
WHEREAS, Mr. Campbell always performed his duties and
responsibilities in a professional manner, placed the welfare
and safety of his co-workers and the public as a top
priority, and will be missed by all who interacted with him.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Edward K. Campbell, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.l.b. RECOGNIZING THE VIRGINIA DEPARTMENT OF EMERGENCY
MANAGEMENT UPON ITS 40 ANNIVERSARY OF PROVIDING
EMERGENCY MANAGEMENT IN THE COMMONWEALTH OF
VIRGINIA
On motion of Mr. Gecker, seconded by Mr. Warren, the Board II
adopted the following resolution:
WHEREAS, residents of Chesterfield County, Virginia,
enjoy an extraordinary quality of life as a community; and
WHEREAS, outstanding public safety is a hallmark of the
county; and
WHEREAS, being prepared for natural and man-made
disasters is one of the principal elements of the county's
public safety strength; and
WHEREAS, throughout the four phases of emergency
management, Preparedness, Response, Recovery and Mitigation,
the Virginia Department of Emergency Management (VDEM) works
diligently to support Virginia localities; and
WHEREAS, the agency's headquarters is located in
Chesterfield County; and
WHEREAS, VDEM works closely with local government, state
and federal agencies and volunteer organizations to ensure
the highest levels of preparedness; and
WHEREAS, the agency also coordinates with the National
Weather Service and local emergency managers to conduct
intensive public awareness campaigns to help residents
minimize risks to themselves and their property from such
things as tornadoes, hurricanes and extreme winter-weather
events, among others; and
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WHEREAS, when emergency situations arise, VDEM staffs
the Virginia Emergency Operations Center, which is also
located in Chesterfield County, to assist localities with
coordinating response efforts; and
WHEREAS, after disaster strikes, the agency continues to
assist in a variety of ways, including coordinating with the
Federal Emergency Management Agency to assist displaced
residents with a variety of basic state and federal financial
aid programs; and
WHEREAS, VDEM also works with local jurisdictions to
assist them in designing effective, long-range mitigation
plans to address hazards specific to their communities, such
as elevation of structures in flood-prone areas and
restricting beachfront development to avoid loss; and
WHEREAS, Chesterfield County has relied on the agency
many times to mitigate specific emergencies in the county and
also to coordinate sending county resources to other
municipalities throughout the Commonwealth; and
WHEREAS, VDEM assists the U.S. Forest Service with such
events as major wild fires in other regions of the country,
and has coordinated with Chesterfield County many times to
provide assistance; in fact, current Board of Supervisors
member Steve Elswick was one of the firefighters sent by the
county to assist the Fire Service; and
WHEREAS, the Virginia Department of Emergency Management
is a welcome and valuable resource to the residents of
Chesterfield County, the Commonwealth of Virginia and all
those localities in need that it assists; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of the men and women of the Virginia Department
of Emergency Management, and on behalf of the residents of
Chesterfield County, Virginia, expresses appreciation for
their professionalism and dedication to public safety, and
congratulates them on providing 40 years of outstanding
emergency management service in the Commonwealth of Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.2. SET DATES FOR PUBLIC HEARINGS
8.C.2.a. TO CONSIDER ORDINANCE AMENDMENTS RELATED TO
RESIDENTIAL SUBDIVISIONS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
set July 17, 2013, as the date .for a public hearing to
consider ordinance amendments related to residential
subdivisions.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.C.2.b.
TO CONSIDER LEASE OF REAL PROPERTY AT THE SOFTBALL
SOFTBALL PROGRAMS
AND WARBRO ATHLETIC COMPLEX FOR THE OPERATION OF
COMPLEXES AT HARRY G. DANIEL PARK AT IRON BRIDGE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
set July 17, 2013, as the date for a public hearing to
consider lease of real property at the softball complexes at
Harry G. Daniel Park at Iron Bridge and Warbro Athletic
Complex for the operation of softball programs.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.3. REQUESTS FOR PERMITS TO STAGE FIREWORKS DISPLAYS
8.C.3.a.
AT THE CHESTERFIELD COUNTY FAIRGROUNDS FOR THE JULY
4 CELEBRATION
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved a request for a permit to stage a fireworks display
at the Chesterfield County Fairgrounds on July 4, 2013.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.3.b.
AT THE SUNDAY PARK PENINSULA OF BRANDERMILL
J
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved a request for a permit to stage a fireworks display
at the Sunday Park Peninsula of Brandermill on Thursday, July
4, 2013, with a rain date of July 13, 2013.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.3.c. FOR THE CHESDIN LANDING INDEPENDENCE DAY
CELEBRATION
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved a request for a permit to stage a fireworks display
for the Chesdin Landing Independence Day Celebration on
Saturday, July 6, 2013, with a rain date of July 7, 2013.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND
RECREATION DEPARTMENT TO MAKE IMPROVEMENTS TO THE
BASEBALL FIELD AT THOMAS DALE HIGH SCHOOL
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
transferred $5,000 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to make improvements
to the baseball field at Thomas Dale High School.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.C.5. AWARD OF ENGINEERING CONTRACT FOR PROFESSIONAL
SERVICES RELATIVE TO WATERSHED MANAGEMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the County Administrator to execute the contract
for professional engineering services relative to watershed
management with Arcadis U.S. Inc.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.6. AWARD OF REQUIREMENTS CONTRACTS FOR ARCHITECTURAL AND
ENGINEERING SERVICES TO RRMM ARCHITECTS AND BCWH
ARCHITECTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the County Administrator to execute requirements
contracts with RRMM Architects and BCWH Architects for
architectural and engineering services for miscellaneous
construction and renovation projects.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.7. STATE ROAD ACCEPTANCE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Sabra Way
Type Change to the Secondary System miles of State HiQhwavs:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
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• Sabra Way, State Route
From: Port Walthall Drive,
To: 0.15 miles south to cu
miles.
Recordation Reference: Deed
Right of Way width (feet) _
Ayes:
Nays:
8.C.8.
Number 7701
(Route 931)
L-de-sac, a distance of: 0.15
book 7814, page 126
60 feet
Jaeckle, Elswick, Warren, Holland and Gecker.
None.
BRIGHTWALTON ROAD FROM EAST WEST-HALLSLEY, L.L.C.
ACCEPTANCE OF PARCELS OF LAND FOR THE EXTENSION OF
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
accepted the conveyance of four parcels of land containing a
total of 11.242+ acres for the extension of Brightwalton Road
from East West-Hallsley, L.L.C., and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.9. REQUESTS FOR PERMISSION
8.C.9.a. FROM EAST WEST-HALLSLEY, L.L.C. FOR A PAVED WALKING
PATH, TIMBER BRIDGE, ELECTRIC CONTROL PANEL, DOCK,
GAZEBO AND ELECTRIC FLOATING FOUNTAIN TO ENCROACH
WITHIN A VARIABLE-WIDTH STORM WATER MANAGEMENT
SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT AT THE
INTERSECTION OF BRIGHTWALTON ROAD AND FARNBOROUGH
DRIVE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
granted East West-Hallsley, L.L.C. permission for a paved
walking path, timber bridge, electric control panel, dock,
gazebo and electric floating fountain to encroach within a
variable-width SWM/BMP easement at the intersection of
Brightwalton Road and Farnborough Drive, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.9.b. FROM FIRST CAPITAL BANK TO CONSTRUCT A DRIVEWAY
WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY
KNOWN AS MELVILLE DRIVE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
granted First Capital Bank permission to construct a driveway
within a 50' unimproved county right of way known as Melville
drive, subject to the execution of a license agreement. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.C.9.c. FROM ROBERT A. SZADY AND ANNE M. SZADY FOR A
PROPOSED PRIVACY FENCE TO ENCROACH WITHIN A
SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT
EASEMENT ACROSS LOT 3, POPLAR CREEK, SECTION A
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
granted Robert A. Szady and Anne M. Szady permission for a
proposed privacy fence to encroach within a 16' drainage
easement and an 8' easement across Lot 3, Poplar Creek,
Section A, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Jaeckle, Elswick, warren, Holland and Gecker.
Nays: None.
8.C.10. APPROVAL OF PURCHASE OF PARCELS OF LAND FOR THE
EXPANSION OF BATTERY DANTZLER PARK
On motion of Mr. Gecker, seconded by Mr. warren, the Board
approved the purchase of parcels of land containing 15 acres,
more or less, from Walter V. Goyne and Rosie F. Goyne for the
expansion of Battery Dantzler Park, authorized the County
Administrator to execute the contract and deed upon receipt
of grant approval, appropriated and transferred previously
donated funds to the project, and accepted and appropriated
potential grant funds to the project. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.11. REQUESTS TO QUITCLAIM
8.C.ll.a. A TWENTY-FOOT STORM WATER MANAGEMENT SYSTEM/BEST
MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS THE
PROPERTY OF HARVEST GLEN LAND HOLDINGS, LLC
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
20' SWM/BMP access easement across the property of Harvest
Glen Holdings, LLC. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.ll.b. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
PROPERTY OF KINSTON IOTC, LLC
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16' water easement across property of Kinstonn
IOTC, LLC. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.C.ll.c. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
PROPERTY OF LOWE'S HOME CENTERS, INCORPORATED
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16' water easement across property of Lowe's
Home Centers, Inc. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.12. DESIGNATION OF RIGHT OF WAY, SLOPE AND DRAINAGE
EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR
THE HULL STREET ROAD WIDENING PROJECT, WINTERPOCK
ROAD TO WOODLAKE VILLAGE PARKWAY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
designated right of way, slope and drainage easements and
temporary construction easements for the Hull Street Road
Widening Project, Winterpock Road to Woodlake Village Parkway
and authorized the County Administrator to execute the
declaration. (It is noted copies of the plats are filed with
papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.13. AWARD OF CONSTRUCTION CONTRACT FOR PROCTORS CREEK
WASTEWATER TREATMENT PLANT DISINFECTION SYSTEM
UPGRADE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
awarded a construction contract to Mid-Eastern Builders,
Inc. in the amount of $2,214,700, for the Proctors Creek
Wastewater Treatment Plant disinfection system upgrade,
and authorized the County Administrator to execute the
necessary documents.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.14. AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT AND
CHANGE ORDERS FOR THE WALTON PARK SIDEWALK (PHASE 3)
REVENUE SHARING PROJECT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the award of a construction contract to Shoosmith
Construction and authorized the County Administrator to
execute all necessary change orders, up to the full amount
budgeted for the Walton Park Sidewalk (Phase 3) Revenue
Sharing Project.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.C.15. APPROVAL OF RESTRICTIVE COVENANTS ON COUNTY-OWNED
PROPERTY LOCATED ON BEACH ROAD TO SATISFY FEMA GRANT
REQUIREMENTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved placing restrictive covenants on county-owned
properties located at 7311 Beach Road to satisfy FEMA grant
requirements.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.16. TRANSFER FUNDS WITHIN PARKS CAPITAL IMPROVEMENT
PROGRAM AND AWARD A CONSTRUCTION CONTRACT FOR
MATOACA PARK PHASE III IMPROVEMENTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
transferred necessary funds within Parks CIP, awarded a
construction contract to Perkinson Construction, LLC in the
amount of $830,144, and authorized the County Administrator
to execute the contract for construction of Matoaca Park
Phase III improvements.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C.17. APPROVAL OF FY2013 YEAR-END ADJUSTMENTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
took the following actions:
a. Authorized the County Administrator to assign and re-
appropriate all unspent, or otherwise unreserved, FY2013
appropriations that are in excess of the FY2013 budgeted
unassigned ending fund balance, contingent upon positive
results of operations as detailed in the papers of this
Board.
b. Appropriated revenues and expenditures for specific
programs as well as authorized reallocations among
general fund departments and related funds and made
adjustments to revenues and expenditures as outlined on
Schedule A in the papers of this Board.
c. Appropriated revenues and expenditures and authorize
other adjustments for specific programs, projects and
non-general fund departments as outlined on Schedule B in
the papers of this Board.
d. Authorized the County Administrator to assign and re-
appropriate various revenues and unspent expenditures
directly related to business licenses based on internal
policy guidelines and contingent upon positive results of
operations as determined by the county's financial audit
as outlined on Schedule C in the papers of this Board.
e. Appropriated revenues and expenditures and authorize
other adjustments for the school division as outlined on
Schedule D in the papers of this Board, along with any
other associated transfers required as a result of the
requested actions.
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f. Authorized the County Administrator to assign and re-
appropriate $3,213,300 in school division funds and
$36,000 in Appomattox Regional Governor's School funds,
contingent upon positive results of operations as
determined by the county's financial audit as outlined on
Schedule E in the papers of this Board.
g. Authorized the County Administrator to assign and re-
appropriate $652,168 in Utility Department funds,
contingent upon positive results of operations as
determined by the county's financial audit.
Ayes:
Nays:
8.D.1.
Jaeckle, Elswick, Warren, Holland and Gecker.
None.
RESOLUTION AUTHORIZING THE COUNTY TO REQUEST THE
CIRCUIT COURT TO ORDER A SPECIAL ELECTION TO CONSIDER
CONSIDERATION OF AMENDMENT OF PREVIOUSLY-ADOPTED
EDUCATION AND PUBLIC SAFETY CAPITAL NEEDS OF
CHESTERFIELD COUNTY
ADOPTING A MEALS TAX IN ORDER TO ADDRESS THE PUBLIC
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
adopted the following amendment to the resolution adopted by
the Board on April 24, 2013, authorizing the County to
request the Circuit Court to order a special election on
November 5, 2013, to consider adopting a meals tax in order
to address the public education and public safety capital
needs of Chesterfield County:
RESOLUTION REQUESTING THE CIRCUIT COURT OF CHESTERFIELD
COUNTY TO ORDER A REFERENDUM ELECTION ON THE QUESTION OF
WHETHER CHESTERFIELD COUNTY SHOULD BE AUTHORIZED TO LEVY A
MEALS TAX IN ACCORDANCE WITH VIRGINIA CODE § 58.1-3833
WHEREAS, the Board of Supervisors of Chesterfield
County, Virginia (the "Board") has determined that due to
declines in funding from federal, state, and other sources, a
new funding source is necessary in order to continue to
address the capital needs for providing the citizens of
Chesterfield County with public safety and public education
services; and
WHEREAS, for the purposes of providing the additional
funding necessary to address the capital needs for providing
public education and public safety services, the Board deems
it advisable to consider levying a tax on prepared food and
beverages, in accordance with Va. Code § 58.1-3833 (the
"meals tax"); and
WHEREAS, in order for the Board to consider levying a
meals tax, the citizens of the County must approve such a
meals tax in a referendum election held in accordance with
Va. Code § 24.2-684; and
WHEREAS, it is the desire of the Board to request the
Circuit Court of Chesterfield County, Virginia to order an
election to be held on November 5, 2013, upon the question of
whether a meals tax should be levied in the County for the
purpose of assisting in the funding of the public education
and public safety capital needs of County citizens.
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NOW, THEREFORE, BE IT RESOLVED by the Board:
1. It is hereby determined that, pursuant to Va.
Code § 58.1-3833, it is advisable for the
County to seek the authority from its citizens
for its Board to impose a meals tax, if the
Board deems that such a meals tax is necessary
in order to address the capital needs for the
public education and public safety of County
citizens.
2. The Circuit Court of Chesterfield County,
Virginia is hereby requested to order a
referendum election on November 5, 2013 upon
the question of whether the Board should be
authorized to levy a meals tax in the County,
in an amount no greater than two percent ( 2 0 )
of the amount charged for prepared food and
beverages, for the purposes stated in numbered
paragraph one above.
3. The County Attorney shall file a certified
copy of this Resolution with the Circuit Court
of Chesterfield County and shall submit to the
Circuit Court of Chesterfield County for entry
a draft Order calling for such a referendum
election on November 5, 2013.
4. Upon entry of the Order for a referendum
election by the Circuit Court, the County
Attorney shall submit a request to the United
States Department of Justice for preclearance,
pursuant to Section 5 of the United States
Voting Rights Act of 1965, as amended, of the
November 5, 2013 referendum election.
5. This Resolution shall take effect immediately
upon its adoption.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Holland, seconded by Mr. Warren, the Board
accepted the following reports: a Report on Developer water
and Sewer Contracts; and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Bob Olsen addressed the Board relative to the county's
banner and sign regulations and campaign contributions.
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11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(3),
CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE
ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC
PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD
ADVERSELY AFFECT THE BARGAINING POSITION AND
NEGOTIATING STRATEGY OF THE COUNTY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
went into closed session pursuant to Section 2.2-3711(A)(3),
Code of Virginia, 1950, as amended, to discuss the
acquisition by the county of real estate for a public purpose
where discussion in an open meeting would adversely affect
the bargaining position and negotiating strategy of the
county.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Reconvening:
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in Closed Session to which
this certification applies, and ii) only such business
matters were identified in the Motion by which the Closed
Session was convened were heard, discussed or considered by
the Board. No member dissents from this certification.
Mr. Holland: Aye.
Mr. Gecker: Aye.
Mr. Warren: Aye.
Ms. Elswick: Aye.
Mr. Jaeckle: Aye.
12. DINNER
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
recessed to Room 502 for dinner with members of the Committee
on the Future.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Reconvening:
13. INVOCATION
Pastor Ken Cornett, Midlothian Baptist Church, gave the
invocation.
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14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Damon Walsh Honn led the Pledge of Allegiance.
15. RESOLUTIONS
15.A. RECOGNIZING MRS. LENITA GILREATH'S OUTSTANDING
LEADERSHIP OF THE CHESTERFIELD COUNTY CHAMBER OF
COMMERCE
Mr. Davis introduced Mrs. Lenita Gilreath, who was present to
receive the resolution.
On motion of Mr. Elswick, seconded by Mr. 'Warren, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Chamber of Commerce was
founded in September 1999 with a mission "to provide a
unifying body for member businesses and represent those
interests to local government to assure a level playing
field"; and
WHEREAS, in 2005, the leadership of the Chamber
recognized that the Chamber needed to broaden the work of the
Chamber to make the organization stable and viable; and
WHEREAS, in June 2005, the Chesterfield Chamber Board of
Directors hired Lenita Gilreath, an experienced chamber of
commerce professional who had served as the executive
director of the Holly Springs (North Carolina) Chamber of
Commerce and as the communications director for the Lynchburg
Chamber of Commerce, to be the Chesterfield Chamber's
Executive Director; and
WHEREAS, Mrs. Gilreath, during her tenure, worked to
increase membership and implemented a new accounting system
and dues structure to help provide more financial stability
and accountability for the Chamber; and
WHEREAS, Mrs. Gilreath's organizational acumen allowed
the Chamber to better organize and stage its mainstay events
such as its monthly luncheon, attracting high-profile keynote
speakers, and its annual dinner, tripling attendance during
her tenure; and
WHEREAS, under Mrs. Gilreath's leadership, the
Chesterfield Chamber initiated several successful new
signature events and programs, including the "Breakfast with
the Pros," "A Celebration of the Vine" wine festival, and "A
Taste of Chesterfield and Legislative Reception"; and
WHEREAS, Mrs. Gilreath has also been active in the
community, having served on the Chesterfield Employment
Services Business Advisory Board, the Virginia Association of
Chamber of Commerce Executives Board of Directors, the
CultureWorks Board of Directors and the Bon Secours St.
Francis Community Advisory Board; and
WHEREAS, Mrs. Gilreath is concluding her tenure with the
Chesterfield County Chamber of Commerce to move with her
husband and family to Salt Lake City, Utah.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of June 2013,
publicly recognizes Mrs. Lenita Gilreath for her outstanding
work as Chesterfield County Chamber of Commerce president,
expresses its appreciation on behalf of all Chesterfield
County residents, and extends all best wishes as she plans
her move to a new home in Utah.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Gilreath and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle commended Mrs. Gilreath for her extraordinary
leadership and her dedication to the community.
Members of the Chesterfield Chamber of Commerce introduced
themselves and expressed their appreciation for her
leadership and exceptional work with the Chamber.
Mrs. Gilreath, accompanied by members of her family,
expressed her appreciation for the special recognition.
15.B. RECOGNIZING MR. DAMON WALSH HONN UPON ATTAINING THE
RANK OF EAGLE SCOUT
Mr. Kappel introduced Mr. Damon Walsh Honn, who was present
to receive the resolution.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide, variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Damon Walsh Honn,
Troop 819, sponsored by Saint John's Episcopal Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Damon has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of June 2013,
publicly recognizes Mr. Damon Walsh Honn, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such an
outstanding young man as its citizen.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution and patch to
Mr. Honn, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
future endeavors.
Mr. Honn provided details of his Eagle Scout project and
expressed appreciation to his parents and others for their
support.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Julie Ranson addressed the Board relative to county
taxing and spending priorities.
Mr. Freddy Boisseau urged the Board to provide an online
searchable budget document relative to county expenditures.
Mr. Ralph Carter expressed concerns relative to the bond
referendum needed to initiate a meals tax.
Mr. Sid Delcardayre, President of Van Go Inc. of Richmond,
addressed the Board relative to a contract with the
Chesterfield County Access Chesterfield program.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 19
i~~Nn~ns
In Bermuda Magisterial District, Jack R. Wilson, III requests
rezoning from Community Business (C-3) to General Business
(C-5) plus conditional use approval and amendment of zoning
district map to permit motor vehicle title lending on .3 acre
known as 11648 Jefferson Davis Highway. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Commercial use. Tax ID 797-659-4137.
Mr. Turner stated Ms. Jaeckle is requesting a 60-day deferral
to the August 28, 2013 regularly scheduled meeting.
Mr. Jack Wilson, representing the applicant, acknowledged the
deferral request.
Ms. Jaeckle called for public comment.
No one came forward to speak to the deferral.
Ms. Jaeckle then made a motion, seconded by Mr. Warren, for
the Board to defer Case 13SN0505 until August 28, 2013.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13-362
06/26/13
12SN0207
In Clover Hill Magisterial District, Community Loans of
America requests conditional use approval and amendment of
zoning district map to permit motor vehicle title lending in
a General Business (C-5) District on .9 acre known as 10051
Midlothian Turnpike. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Neighborhood
Business use. Tax ID 748-709-7505
Mr. Turner presented a summary of Case 12SN0207 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Carrie Coyner, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
approved Case 12SN0207 and accepted the following proffered
conditions:
The Owners and the Developers for themselves and their
successors or assigns (the "Developer") in this zoning case,
pursuant to §15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County,
proffer that the development of the property known as
Chesterfield County Tax Identification Number 748-709-7505
(the "Property") under consideration will be developed
according to the following proffered conditions if, and only
if, the request for a conditional use ("CU") is granted. In
the event the request is denied or approved with conditions
not agreed to by the Developer, the proffers shall
immediately be null and void and of no further force or
effect.
1. There shall be no exposed neon window signs other than
"open" for business signs. (P)
2. No storage and/or sale of any surrendered vehicles shall
be permitted on the property. (P)
3. This use shall be limited to the existing building or
space within the existing building only. There shall be
no expansion or exterior alterations to the existing
building, including painting the brick exterior, to
accommodate this use. (P)
(Staff Note: This condition does not affect the ability to
erect business signage on the property in compliance with
Ordinance requirements and proffered conditions.)
Ayes: Jaeckle, Elswick and Warren
Nays: Holland and Gecker.
13SN0102
In Clover Hill Magisterial District, Title Max of Virginia,
Inc. requests conditional use approval and amendment of
zoning district map to permit motor vehicle title lending in
a General Business (C-5) District on .9 acre known as 11225
Midlothian Turnpike. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
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suggests the property is appropriate for Community Business
use. Tax ID 742-708-7872.
Mr. Turner presented a summary of Case 13SN0102 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Brennen Keene, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
In response to Mr. Gecker's question, Mr. Keene stated the
conditional use would be located on Midlothian Turnpike.
Mr. Warren made a motion, seconded by Mr. Elswick, for the
Board to approve Case 13SN0102 and accept the proffered
conditions.
Mr. Gecker expressed concerns relative to locating similar
businesses in areas of the county that need stabilization and
revitalization.
Ms. Jaeckle called for a vote on the motion made by Mr.
Warren, seconded by Mr. Elswick, for the Board to approve
Case 12SN0102 and accepted the following proffered
conditions:
The Owners and the Developers for themselves and their
successors or assigns (the "Developer") in this zoning case,
pursuant to Section15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County,
proffer that the development of the property known as
Chesterfield County Tax Identification Number 742-708-7872
(the "Property") under consideration will be developed
according to the following proffered conditions if, and only
if, the conditional use ("CU") is granted. In the event the
request is denied or approved with conditions not agreed to
by the Developer, the proffers shall immediately be null and
void and of no further force or effect.
1. Signs. There shall be no exposed neon window signs other
than "open" for business signs. (P)
2. Storage. No storage and/or sale of any surrendered
vehicles shall be permitted on the property. (P)
3. Building Use. This use shall be limited to the existing
building or space within the existing building only.
There shall be no expansion or exterior structural
alterations to the existing building to accommodate this
use; however, this shall not include painting the
building. Any exterior building paint shall be neutral
in color or a color that is consistent with the overall
color scheme for the building, as approved by the
Planning Department. (P)
(Staff Note: This condition does not affect the ability to
erect business signage on the property in compliance with
Ordinance requirements and proffered conditions.)
Ayes: Jaeckle, Elswick and Warren.
Nays: Holland and Gecker.
13-364
06/26/13
13SN0104
In Bermuda Magisterial District, Title Max of Virginia, Inc.
requests conditional use planned development approval and
amendment of zoning district map to permit motor vehicle
title lending in a Community Business (C-3) District on 1.6
acres known as 12540 Jefferson Davis Highway. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Regional Mixed use. Tax ID 798-653-7689.
Mr. Turner presented a summary of Case 13SN0104 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Brennen Keene, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Ms. Jaeckle stated there should have been more clarity within
the Comprehensive Plan relative to revitalization areas.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case 13SN0104 and accepted the following proffered
conditions:
The Owners and the Developers for themselves and their
successors or assigns (the "Developer") in this zoning case,
pursuant to §15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County,
proffer that the development of the property known as
Chesterfield County Tax Identification Number 798-653-7689
(the "Property") under consideration will be developed
according to the following proffered conditions if, and only
if, the conditional use planned development ("CUPD") is
granted. In the event the request is denied or approved with
conditions not agreed to by the Developer, the proffers shall
immediately be null and void and of no further force or
effect.
1. Signs. There shall be no exposed neon window signs other
than "open" for business signs. (P)
2. Storage. No storage and/or sale of any surrendered
vehicles shall be permitted on the property. (P)
3. Building Use. This use shall be limited to the existing
building or space within the existing building only.
There shall be no expansion or exterior structural
alterations to the existing building to accommodate this
use; however, this shall not include painting the
building. Any exterior building paint shall be neutral
in color or a color that is consistent with the overall
color scheme for the building, as approved by the
Planning Department. (P)
(Staff Note: This condition does not affect the ability to
erect business signage on the property in compliance with
Ordinance requirements and proffered conditions.)
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: Holland.
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i~GNn~ni
In Midlothian Magisterial District, Mary Ross Lee requests
renewal of manufactured home permit (Case 06SR0261) and
amendment of zoning district map to permit a temporary
manufactured home in a Residential (R-7) District on .5 acre
known as 1320 Railroad Avenue. Density is approximately 2
units per acre. The Comprehensive Plan suggests the property
is appropriate for Residential Area use. Tax ID 728-709-3772.
Mr. Turner presented a summary of Case 13SN0201 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions. He noted the applicants' absence
from the meeting and he stated the applicant has accepted the
conditions.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Decker, seconded by Mr. Holland, the Board
approved Case 13SN0201, subject the following conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. No permanent-type living space may be added to the
manufactured home. The manufactured home shall be
skirted but shall not be placed on a permanent
foundation. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
i~~Nnsn~
In Dale Magisterial District, YMCA of Greater Richmond
requests conditional use approval and amendment of zoning
district map to permit indoor and outdoor recreational uses;
child care use; banquet, reception and conference use; and
lodging facility use in a Residential (R-7) District on 6.3
acres fronting 265 feet on the north line of Shawonodasee
Road, 845 feet southwest of Courthouse Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II (2.0 to 4.0 dwellings per acre) and
Corporate Office/Research and Development/Light Industrial
uses. Tax IDs 766-665-0979, 2989 and 3794.
Mr. Turner presented a summary of Case 13SN0506 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Randy Spears accepted the recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Decker, the Board
approved Case 13SN0506 and accepted the following proffered
conditions:
1. Any new development shall conform to the requirements of
the Zoning Ordinance for commercial uses in the Emerging
Growth Areas, except as proffered herein. (P)
13-366
06/26/13
2. The Conditional Use shall be granted to and for YMCA of
Greater Richmond only and shall not be transferrable nor
run with the land. (P)
3. There shall be no outside public address system. (P)
4. Uses shall be limited to indoor/outdoor recreational uses
such as club houses, swimming pools, tennis or other
court facilities, playfields and associated recreational
facilities; a child care facility, banquet reception and
conference facilities; and camping and lodging
facilities . ( P)
5. The following setback criteria shall apply to any new
outdoor play fields, swimming pools and similar active
recreation areas:
a. Outdoor play fields, courts, swimming pools and
similar active recreational areas shall be setback a
minimum of 100 feet from adjacent properties zoned
for agricultural or residential use except from
adjacent property occupied by Pocahontas State Park
or Camp Thunderbird and a minimum of fifty (50) feet
from any proposed public road(s). Within these
setbacks, existing vegetation shall be supplemented,
where necessary, .with landscaping or other devices
designed to achieve the buffering standards
contained in the Zoning Ordinance for 100 foot
buffers.
b. If new outdoor play fields, courts, swimming pools
and similar active recreational areas are setback
more than 100 feet f rom adjacent properties zoned
agriculturally and residentially except from
adjacent property occupied by Pocahontas State Park
or Camp Thunderbird and for more than fifty (50)
feet. from any proposed public road(s), the
landscaping or other design features described in
Proffered Condition 5.a. may be modified by the
Planning Department at the time of the site plan
review. Such modification shall accomplish a
mitigation of visual and noise impacts that sports
or related activities have on adjacent properties
equivalent to the 100 foot/fifty (50)
setback/landscaping requirements described in
Proffered Condition 5.a.
c. The 100 foot setback described in Condition 5.a. may
be reduced by the Planning Commission if the
resulting increased visual and noise impacts that
sports or related activities have on area residences
are mitigated. Mitigation may be achieved through
the use of topography, fencing., berming, walls
and/or other devices and design features, as
approved by the Planning Commission at the time of
site plan review. (P)
6. A fifty (50) foot buffer shall be maintained along with
northern and eastern property boundaries. This buffer
shall conform to the requirements of the Zoning
Ordinance. (P)
7. Timber management, for the purpose of enhancing the
health and viability of the forest, under the supervision
of a qualified forester, will only be allowed upon the
submission and approval of the appropriate forest
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06/26/13
management plan to include, but not limited to, erosion
control, Chesapeake Bay Act/wetland restrictions, and the
issuance of a land disturbance permit by the
Environmental Engineering Department. Any other timbering
shall be incorporated into the site development erosion
and sediment control plan/narrative as the initial phase
of infrastructure construction and will not commence
until the issuance of the actual site development land
disturbance permit. (EE)
8. Prior to issuance of occupancy permit for any development
that would generate a significant increase in traffic as
determined by the Transportation Department, additional
pavement may be required to be constructed along
Courthouse Road and Shawonodasee Road intersection to
provide left and right turn lanes, based on
Transportation Department standards. (T)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13SN0509
(AMENDED) In Midlothian Magisterial District, CHARTER (E & A)
LLC requests amendment of conditional use planned development
(Case 94SN0138) and amendment of zoning district map relative
to location of the east-west collector road, setbacks and
landscape plan approval process along Le Gordon Drive in a
Community Business (C-3) District on 26.9 acres located in
the southwest corner of Midlothian Turnpike and Charter
Colony Parkway. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Village Fringe Area
and Planned Transition Area uses. Tax ID 726-707-3592.
Mr. Turner presented a summary of Case 13SN0509 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. John Coghill, representing the applicant, accepted the
recommendation. He stated the applicant will continue to work
with community residents who have concerns about traffic
access onto Le Gordon Drive.
Ms. Jaeckle called for public comment.
Mr. Peppy Jones urged the Board to approve the request. He
noted the applicant's willingness to work with the community
on design issues relative to the project.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved Case 13SN0509 and accepted the following proffered
conditions:
The Owners and the Developer (the "Owners") in this zoning
case, pursuant to Section 15.2 2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns,
proffer that the development of the Property known as
Chesterfield County Tax Identification Number 726-707-3592
13-368
06/26/13
(the "Property") under consideration will be developed
according to the following conditions if, and only if, the
rezoning request for amendment to the Conditional Use Planned
Development ("CUPD") is granted. In the event the request is
denied or approved with conditions not agreed to by the
Owners, the proffers shall immediately be null and void and
of no further force or effect.
The application contains two (2) exhibits described as
follows:
Exhibit A - Plan titled "Special Access Road Plan," prepared
by VHB, dated May 1, 2013.
Exhibit B. - Plan titled "Le Gordon Drive Landscaping"
prepared by VHB, dated March 11, 2013.
1. Master
Plan. The Textual
2013, and last revised
considered the Master Plan
Statement dated January 14,
April 22, 2013, shall be
(P)
2. East-West Special Access Street.
A. Prior to any site plan approval, a variable width
right-of-way for an East West Special Access Street
("Special Access") [as defined in Section 19-505(b)
of the Zoning Ordinance in effect at the time of
this approval], from Charter Colony Parkway to Le
Gordon Drive and as generally shown on Exhibit A,
shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County. The exact
location and width of this right-of-way shall be
approved by the Transportation Department.
B. The design and location of the Special Access shall
be as generally shown on Exhibit A and as set forth
in Proffer 3, with modifications approved by the
Transportation Department. If the development on
the Property requires relocation or realignment of
the Special Access from that shown on Exhibit A,
upon request by the Owners, the Transportation
Department may approve such request. (T)
3. Transportation Improvements. Prior to issuance of a
certificate of occupancy for any development that
accesses onto the Special Access, two (2) lanes of the
Special Access shall be constructed from Charter Colony
Parkway through the property to Le Gordon Drive, based
on VDOT Urban Local Standards with modifications
approved by the Transportation Department. (T)
4. Setbacks.
A. No minimum or maximum setbacks shall be required
for buildings, parking, and drives located along
the north side of the Special Access except as to
accommodate improvements noted in Proffer 4.B. [For
clarification, no buffers are required along the
Special Access.]
B. Sidewalks and pedestrian lighting shall be located
along the north side of the Special Access. Street
trees shall be located on both sides of the Special
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06/26/13
Access, outside of any required site distance
easements. The .exact location and treatment of
these improvements shall be reviewed and approved
by the Planning Department as part of the site plan
process. (P)
5. Le Gordon Drive Landsca ing.
A. Landscaping along Le Gordon Drive shall be designed
generally in accordance with Exhibit B, except as
modified by subsections C and D below and Proffer
6.A.
B. The tree save area shall be twenty-five (25) feet
in width ("Tree Save"). The edge of the BMP
adjacent to the Tree Save shall be adjusted to
protect the drip lines of the protected trees
(extending beyond the tree save area), which will
provide for a more organic shape to the BMP as
shown on Exhibit B. The trees shown on Exhibit B in
the Tree Save reflect only the larger trees that
are to be saved.
C. In addition to the larger trees, an on-site
inspection by the Planning Department may identify
smaller trees within the Tree Save that can also be
saved. Those trees shall be tagged and protected,
subject to the final location of the pedestrian
access as set forth in Proffer 6.
D. If insufficient plantings exist in the Tree Save,
as determined by the Planning Department,
additional plantings shall be added in accordance
to Perimeter Landscaping D. The exact locations,
quantities, species, and sizes of any supplemental
landscaping, including any required landscaping
around the BMP, shall be determined at the time of
site plan review. (P)
6. Pedestrian Path Phasing.
A. In conjunction with development on the north side
of the Special Access, a five (5) foot asphalt
pedestrian path or other surface type ("Path"), as
determined by the Planning Department, shall be
provided along Le Gordon Drive adjacent to that
portion of the Property that directly abuts Le
Gordon Drive. The Path shall meander through the
Tree Save in order to protect the trees and any
additional required landscaping.
B. If non-residential uses are developed on the
Property located to the south of the Special
Access, a pedestrian connection to the Path shall
be provided, as approved by the Planning Department
at the time of site plan review for that phase of
the development. This pedestrian connection shall
tie into the pedestrian network provided along the
south side of the Special Access except at the pond
crossing. At least one pedestrian crosswalk located
in-line with the sidewalk fronting the shopping
center buildings that face Charter Colony Parkway
13-370
06/26/13
shall be provided across the Special Access, if
approved by the Transportation Department. (P)
7. Pedestrian Lighting.
A. Lighting shall be provided along the Path to allow
use of the Path during the evening hours . The Path
lighting, as approved by the Planning Department,
shall be provided as part of the design and
construction of the path. Lighting fixtures for the
Path may include bollards, tree up lighting,
smaller fixtures, or similar lighting types
intended to illuminate the Path.
B. Pedestrian lighting shall be maintained in good
working condition. (P)
8. Timber Management. For the purpose of enhancing the
health and viability of the any timber remaining on the
Property, timber management under the supervision of a
qualified forester, will only be allowed upon the
submission and approval of the appropriate forest
management plan to include, but not limited to, erosion
control, Chesapeake Bay Act/wetland restrictions, and
the issuance of a land disturbance permit by the
Environmental Engineering Department. Any other
timbering shall be incorporated into the site
development erosion and sediment control plan/narrative
as the initial phase of infrastructure construction and
will not commence until the issuance of the actual site
development land disturbance permit issued as part of
any site plan approval. (EE)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13SN0513
In Bermuda Magisterial District, D & R Associates, Inc.
requests rezoning and amendment of zoning district map from
Light Industrial (I-1) to General Industrial (I-2) with
conditional use to permit a motor vehicle storage towing lot
and motor vehicle repair on 3 acres fronting 240 feet on the
west line of Old Stage Road, 890 feet north of Battery
Dantzler Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Industrial use. Tax
ID 803-656-1183.
Mr. Turner presented a summary of Case 13SN05013 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Jaeckle called for public comment.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation.
There being no one to speak to the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved Case 13SN0513 and accepted the following proffered
conditions:
13-371
06/26/13
1. The following uses shall be permitted:
A. Uses permitted by-right or with restrictions in the
General Industrial (I-2) District;
B. Motor vehicle repair; and,
C. Motor vehicle storage/towing lot provided that:
1. Vehicle storage areas shall be setback a
minimum of one hundred (100) feet from
external public roads. Within this setback a
minimum of fifty (50) foot wide and unbroken
strip of open space shall be maintained and
shall be planted in accordance with the
Zoning Ordinance requirements for one hundred
(100) foot buffers at two and one-half (2.5)
times landscaping C.
2. Vehicle storage areas shall be screened in
accordance with Zoning Ordinance requirements,
from view of adjacent properties on which such
uses are not permitted or do not exist, and
from external public roads. To the extent
practical, the existing berm within the
setback along Old Stage Road shall be
maintained and/or extended to assist in
screening vehicle storage areas.
3. No more than two (2) motor vehicles or pieces
of machinery stored onsite shall exceed the
height of the screening. (P)
2. Unless approved otherwise by the Transportation
Department, there shall be no direct vehicular access
from the property to Old Stage Road. If direct vehicular
access is permitted to Old State Road, right and left
turn lanes shall be constructed based on Transportation
Department standards. The applicant shall dedicate, free
and unrestricted, any additional right-of-way required
for these improvements. (T)
3. Stormwater will be treated via onsite BMPs suitable to
the County and in compliance with Virginia Department of
Environmental Quality storm water management regulations
rather than through the purchase of offsite credits.
The BMP structure(s) will be designed to allow sampling
and reportage to DEQ of the effluent on the discharge
side. The BMP(s) will serve a designated containment
area for accident vehicles subject to potential fluid
release. Fluids and other potential contaminants shall
be removed from vehicles prior to storage. Collected
fluids and contaminants will be disposed of at a
facility authorized by the state to receive such
products. (EE)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13-372
06/26/13
135N0515
In Dale Magisterial District, Tonya Hudson requests
conditional use approval and amendment of zoning district map
to permit a family day-care home in a Residential (R-7)
District on .4 acre known as 6303 Amasis Court. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Suburban Residential II use (2.0 to 4.0 dwellings per
acre). Tax ID 770-680-5601.
Mr. Turner presented a summary of Case 13SN0515 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Tonya Hudson accepted the recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved Case 13SN0515 and accepted the following proffered
conditions:
1. This conditional use approval shall be granted to and for
Tonya Hudson, exclusively, and shall not be transferable
nor run with the land. (P)
2. There shall be no exterior additions or alterations to
the existing structure to accommodate this use. (P)
3. There shall be no signs permitted to identify this use.
(P)
4. This conditional use approval shall be limited to
providing care, protection and guidance to a maximum of
twelve (12) children, other than the applicant's own
children, at any one time. (P)
5. Hours and days of operation shall be limited to Monday
through Friday from 6:30 a.m. to 6 p.m. There shall be no
Saturday or Sunday operation of this use. (P)
6. This conditional use approval shall be granted for a
period not to exceed ten (10) years from the date of
approval. (P)
7. Any outdoor play area and/or recreational equipment
utilized by the family day-care home shall be located in
the side or rear yard of the property. Outdoor play
and/or recreational equipment areas shall have perimeter
fencing of at least four feet in height, installed around
the equipment or play area. Equipment for outdoor play
areas shall be located no closer than fifteen (15) feet
to the side or rear property lines. (P)
8. No employees shall be permitted to work on the premises
other than family member employees that live on the
premises. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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13SN0534
In Matoaca Magisterial District, Chesterfield County Board of
Supervisors proposes conditional use planned development to
permit exceptions to ordinance requirements to permit the
gross floor area for a detached accessory building (garage)
to exceed the gross floor area of the primary dwelling and
amendment of zoning district map in a Residential (R-7)
District on 1.1 acre known as 21626 and 21630 Beverley
Street. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Suburban Residential II use (2.0
to 4.0 dwellings per acre). Tax IDs 785-608-3723 and 3831.
Mr. Turner presented a summary of Case 13SN0534 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
approved Case 13SN0534 and accepted the following proffered
conditions:
1. The location and size of the detached garage addition
shall be as generally shown on the plat dated May 7,
2013 prepared by Townes and attached to this report. The
gross square footage of this addition shall not exceed
840 square feet. (P)
2. The gross square footage for all other accessory
structures on the lot shall not exceed 322 square feet.
(P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13SN0535
In Bermuda Magisterial District, Chesterfield County Board of
Supervisors proposes rezoning from Community Business (C-3)
and Residential (R-7) to Corporate Office (O-2) with
conditional use to permit a fire station and amendment of
zoning district map on 1.5 acres fronting 310 feet on the
east line of East Hundred Road, 160 feet north of Walnut
Drive. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Neighborhood Business use. Tax
IDs 824-646-9457; and 825-646-0952 and 1748.
Mr. Turner presented a summary of Case 12SN0535 and stated
both the Planning Commission and staff recommended approval,
subject. to the conditions.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved Case 13SN0535, subject to the following conditions:
13-374
06/26/13
1. Dedication. Prior to site plan approval for any use(s)
other than the fire station, as determined by the
Transportation Department, 100 feet of right-of-way
along the north side of East Hundred Road (Route 10)
measured from the centerline of that part of the roadway
immediately adjacent to the property, excluding areas
encumbered by the existing building, shall be dedicated,
free and unrestricted, to and for the benefit of
Chesterfield County. (T)
2. Road Improvements. In conjunction with additional
development or redevelopment, excluding the fire station
use, as determined by the Transportation Department, the
following road improvements shall be provided:
a. Construction of an additional lane of pavement
along the westbound lanes of Route 10 for the
entire length of the property frontage.
b. Construction of additional pavement along the
westbound lanes of Route 10 at the approved access
to provide a separate right turn lane.
c. Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. (T)
3. Phasing Plan. Prior to any site plan approval for
use(s) other than the fire station, a phasing plan
for the required road improvements, as identified
in Condition 2, shall be submitted to and approved
by the Transportation Department. (T)
4. Permitted Uses. Uses shall be limited to those uses
permitted by right or with restrictions in the
Corporate Office (O-2) District, plus fire stations
and rescue squads provided that:
a. Exterior sirens or public address systems
shall be permitted.
b. All garage-type doors shall be screened from
view of adjacent property in R, R-TH and R-MF
Districts or properties currently zoned A and
shown on the Comprehensive Plan for
residential use, unless garage doors are
architecturally compatible with area
residential or agricultural properties. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Mr. Holland explained the reason for his vote in opposition
to those particular cases relative to title lending. He
stated it is his opinion that alternative financial
institutions prey on those less fortunate and who are
struggling financially.
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06/26/13
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13SN0161
(AMENDED) In Dale Magisterial District, Douglas Hackman and
Deborah Hackman request rezoning and amendment of zoning
district map from Light Industrial (I-1) to Light Industrial
(I-1) with conditional use approval to permit commercial
indoor and outdoor recreational uses, limited Community
Business (C-3) uses and outside public address system plus
conditional use planned development to permit exceptions to
ordinance requirements on 23.6 acres located in the southeast
corner of Newbys Bridge Road and Hagood Lane. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Industrial use. Tax ID 757-677-2517.
Mr. Robert Clay presented a summary of Case 13SN0161 and
stated both the Planning Commission and staff recommended
denial. He stated while the Light Industrial (I-1) zoning
complies with the Comprehensive Plan which designates the
property for Industrial use, the proposed commercial use
exceptions are not representative of, or compatible with,
existing and anticipated area development. He further stated
the requested exception to the paving of parking and drives
is inappropriate given the proposed improvements are of a
permanent nature, and further, there is no guarantee
development of the property would reach to the point where
paving would be required. He stated the proposed reduction in
the buffer required along the eastern property boundary would
be inappropriate given the intensification of uses and
activities on the subject property and the reduced buffer
would provide little protection to the adjacent residents to
the east. He further stated the proffered conditions fail to
adequately address the county's Transportation Department
concerns, to include, maximum density, construction of road
improvements along Newbys Bridge Road and the phasing of road
improvements, and the conditions also fail to address the
concerns of the Utilities Department with respect to the use
of public utilities.
Mr. Douglas Hackman stated a water sports and event park with
associated retail sales and restaurant uses are planned. He
further stated with approval of the request, uses permitted
by-right or with restrictions in the Light Industrial (I-1)
District would also be permitted. He stated in addition,
exceptions to paving, landscaping, setback and buffer
requirements, as well as, to the requirement that all uses be
conducted with an enclosed building is requested. He further
stated flexibility with the boundaries creates opportunities
for better land use transitions and site design, per the
Comprehensive Plan. He noted the proposal supports tourism
development and promotion. He stated the reduction in the
impervious surface area has a positive effect on the county's
water quality and storm water management. He further stated
to assist in addressing the traffic impact of this request,
the applicant has proffered to construct additional pavement
along Newbys Bridge Road at the approved access to provide
left and right turn lanes and to relocate the ditch to
provide an adequate shoulder along Newbys Bridge Road. He
further stated he believes that the project is representative
of, and compatible with, anticipated area development. He
stated he believes the proposal embodies an excellent
solution for protection of neighboring citizens with the
buffering, berms and noise limiting proffered conditions.
13-376
06/26/13
Ms. Jaeckle called for public comment.
Ms. Margaret Myruck, accompanied by her daughter, urged the
Board to approve the proposal. She stated the plan would be a
great opportunity for economic and tourism growth.
Mr. Steve Cochran urged the Board to approve the request. He
stated the park will give kids a safe and fun place to play
and change the ambiance in that area of the county.
Mr. Andy Scherzer urged the Board to approve the proposal. He
stated the conditions relative to the case embody the goals
and intent of the Comprehensive Plan.
Mr. Eric Walsh stated the applicants have the best interest
of the community in mind. He urged the Board to approve the
request.
Mr. Reid Tennell urged the Board to approve the request. He
stated many young adults would benefit from the recreational
sports the park has to offer.
Ms. Dorothy Smith expressed concerns relative to the proposed
location of the park and potential noise impacts to adjacent
neighbors.
Mr. Kyle Olstein urged the Board to approve the request. He
stated the park would create a safe and fun place for young
adults.
Mr. James Smith expressed concerns relative to the proposed
location, uses being proposed on private well and septic
systems and traffic impacts on neighboring property owners.
Ms. Hannah Wolfolk urged the Board to approve the request.
She noted the proposal would offer a safer alternative for
water sports.
Ms. Jessica Moore-Scheeler urged the Board to approve the
request. She stated the proposal is a class act project and
would be a great benefit to the community.
Mr. Gordon Foster stated the plan would create economic
development for the county. He asked the Board to approve the
request.
Mr. Paul Smith, adjacent property owner, urged the Board to
deny the conditional use permit. He expressed concerns
relative to potential impacts on area wells.
Mr. Austin Marteno urged the Board to support the proposal.
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Mr. Brooks Honeycutt, neighboring property owner, expressed
concerns relative to increased traffic and lack of road
improvements to Newbys Bridge Road. He suggested that the
applicant build the park at another location. He asked the
Board to deny the request.
Mr. Cody Martin urged the Board to approve the plan.
Ms. Elaine Honeycutt, neighboring property owner, expressed
concerns relative to increased traffic and potential noise
impacts. She urged the Board to deny the request.
Mr. Eli Atkins asked the Board to approve the plan. He stated
the park would be beneficial to the county.
13-377
06/26/13
Mr. John Kennedy expressed concerns relative to increased
traffic and potential noise impacts. He urged the Board to
deny the request.
Ms. Amber Cole, neighboring property owner, expressed
concerns relative to off-site right of way of her property
and lack of public utilities to serve the conditional use.
Mr. John Sheckler stressed the importance of taking
neighboring property owners' opposition into account before
making a final decision.
Mr. Kevin Rogers expressed concerns relative to potential
impacts on area wells and increased traffic on Newbys Bridge
Road.
Ms. Crystal Gilliland, adjacent property owner, urged the
Board to deny the request. She expressed concerns relative to
potential noise impacts and stated these impacts would have a
detrimental effect on the community.
Mr. Ned Gilliland expressed concerns relative to potential
impacts on area wells, increased traffic on Newbys Bridge
Road and noise impacts. He stated the proposal is a good
idea, but it is being proposed for the wrong location.
Mr. Shawn Archer, neighboring property owner, expressed his
support of the case. He urged the Board to approve the
request.
Ms. Debbie Tennell urged the Board to approve the request.
She stated the park would offer a fun and safe environment
for children and young adults.
Mr. Eric Pierce urged the Board to approve the request. He
stated the park would be cost effective for residents who
travel far distances to enjoy recreational sports on area
lakes and rivers.
Ms. Marta Rao stated the plan would encourage economic growth
within the county. She urged the Board to approve the
proposal.
Mr. Nelson Harris stated the project would create an abundant
opportunity for economic and tourism growth for the county.
Mr. Paul Cole stated expansion in the community is inevitable
and the challenge is determining what to develop in the space
available. He urged the Board to consider the proposal.
Mr. Brad Burkhart stated the plan will offer recreational
sports opportunities, create economic development and
stimulate tourism growth.
Ms. Andrea Epps urged the Board to consider those in
opposition. She stated the plan provided a good concept;
however, the project is being proposed in the wrong location.
She expressed concerns relative to potential impacts on the
infrastructure.
Ms. Brittany McDorman stated the park will provide positive
opportunities and benefits for children and young adults. She
urged the Board to approve the request.
13-378
06/26/13
Ms. Deborah Hackman, wife of Mr. Douglas Hackman, stated they
have a great incentive to develop the property, in such a way
that it complements the neighborhood and increases the value
of all surrounding properties. She further stated ages 18-29
is underserved relative to sports.
Mr. Howard Nester urged the Board to deny the request. He
expressed concerns relative to area wells and location of the
proposed land use.
Mr. Freddy Boisseau stated the applicants need to minimize
trespasses and nuisances on area property owners. He urged
the Board to deny the request.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Douglas Hackman stated the current zoning conditions
would allow for many uses without berms, sound levels, county
water and sewer, paving or limits to hours of operation. He
further stated the Comprehensive Plan clearly calls for
economic development at the proposed location. He stated the
actual performance of the wells would not be negatively
affecting any properties around the location. He further
stated to assist in addressing traffic impacts, construction
of additional pavement has been proffered at the approved
access to provide turns lanes along Newbys Bridge Road. He
asked the Board to approve the request.
In response to Mr. Holland's question, Mr. Hackman stated the
park is planned to be opened in April 2014.
In response to Mr. Holland's question, Mr. McCracken stated
the county is managing a VDOT Revenue Sharing project to
reconstruct Newbys Bridge Road from Hagood Lane to Belmont
Road. He noted construction is anticipated in 2014.
In response to Mr. Holland's question, Mr. Randy Phelps
stated there are currently no projects in the county of the
same caliber as the proposed land use that operate on well
and septic/portable domestic facilities.
Mr. Hackman noted Southside Church of the Nazerne operates on
well and septic.
In response to Mr. Gecker's question, Mr. Turner stated the
proposed land use is the same piece of property that was
initially approved on the representation that it would be
used as a horse farm coupled with surrounding office
buildings.
Mr. Holland expressed appreciation to those who voiced their
opinions this evening. He applauded Mr. and Mrs. Hackman for
being outstanding entrepreneurs, who have contributed so much
to the Dale District over the years. He stated the proposal
would offer an excellent attraction for families and be
extremely successful; however, the location is not favorable,
given the concerns. He expressed concerns relative to the
potential impacts on the area, the infrastructure relative to
road improvements, and public utilities and safety
ramifications. He shared a personal story about a significant
incident that occurred while traveling on Newbys Bridge Road.
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13-379
06/26/13
He stated he cannot support the case.
Mr. Holland then made a motion, seconded by Mr. Gecker, for
the Board to deny Case 13SN0161.
Ms. Jaeckle stated she could support the proposal; however,
there is major infrastructure needed for the project and
expressed concerns relative to impacts on the surrounding
property owners.
Ms. Jaeckle called for a vote on the motion made by Mr.
Holland, seconded by Mr. Gecker, for the Board to deny Case
13SN0161.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13SN0508
(AMENDED) In Clover Hill Magisterial District, Whitco, LLC
(Whitten Bros.) requests amendment of conditional use planned
development (Case 835N0024) and amendment to zoning (Cases
815N0145 and 88SN0023) plus a conditional use planned
development and amendment of zoning district map relative to
buffers and setbacks in General Business (C-5) and Light
Industrial (I-1) Districts on 5 acres known as 10701 and
10745 Midlothian Turnpike. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Community
Business use. Tax IDs 745-709-3600 and 6011.
Mr. Ryan Ramsey presented a summary of Case 12SN0508 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. He further stated
staff recommended denial because the proposed location of
vehicle display areas will undermine the purpose and
performance of the existing buffer and setback areas in
providing visual separation of uses from rights-of-way. He
stated the ordinance provides reduced setbacks for buildings,
drives and parking areas along the section of Midlothian
Turnpike and further setback reductions interrupt the
anticipated development pattern along the portion of the
corridor, and potentially set a precedent for future
requests.
Mr. Gary Lee Scottow, representing the applicant, stated
there has been no opposition to the proposed addition. He
further stated the applicant is seeking to relocate the
alignment of the East-west Collector Road, reduce setbacks
from this road and obtain conceptual landscape plan approval
for the area fronting on Le Gordon Drive. He noted there are
no impacts to county services or transportation.
Ms. Jaeckle called for public comment.
Ms. Andrea Epps urged the Board to approve the request.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved Case 135N0508 and accepted the following proffered
conditions:
13-380
06/26/13
1. A maximum of five (5) vehicle display pads shall be
permitted along Midlothian Turnpike as generally shown on
the exhibit titled "Whitten Fiat and Jeep Additions,
Vehicle Display Pads Conceptual Plan" by E.D. Lewis &
Associates, P.C., and dated November 12, 2012 and last
revised on April 23, 2013. No vehicle display pad shall
be located closer than five (5) feet from the ultimate
right of way of Midlothian Turnpike. A detailed landscape
plan consistent with the treatment depicted in the
exhibit shall be submitted to the Planning Department for
review and approval. This approved landscaping shall be
installed in conjunction with development of the vehicle
pad sites. (P)
(Note: This proffered condition modifies Condition 1 of Case
81SN0145, Condition 14 of case 83SN0024 and the sole condition
in Case 88SN0023, respectively, relative to the inclusion of
vehicle display pads within the buffers and setback areas
required with these cases and the additional landscape
treatment associated with these vehicle display pads. All
other provisions of these conditions shall remain in effect.)
2. Access to and from the vehicle display areas shall be
prohibited from Midlothian Turnpike (Route 60). (P)
3. Landscaping, as shown on the exhibit, shall be maintained
in a healthy and thriving condition. No trees shall be
pollarded. Any pollarded trees shall be replanted with
the same tree variety with a minimum height of twelve
(12) feet at time of planting. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13SN0514
In Bermuda Magisterial District,. David W. Cridlin requests
conditional use approval and amendment of zoning district map
to permit a business (welding) incidental to a dwelling in an
Agricultural (A) District on 1.9 acres known as 2408 Point of
Rocks Road. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Community Mixed use. Tax ID 827-
641-8588.
Mr. Ryan Ramsey presented a summary of Case 12SN0514 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. He further stated
staff recommended denial because the proposed land use does
not conform to the Comprehensive Plan, which suggests the
property is appropriate for Community Mixed Use, being an
integrated mixture of concentrated commercial and higher
density residential uses on tracts having sufficient size.. to
accommodate such mixtures. He stated the proposed land use is
not representative of, nor compatible with, existing area
residential development.
Mr. David Cridlin accepted the recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
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06/26/13
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 13SN0514 and accepted the following proffered
conditions:
1. Non-Transferable Operation: This Conditional Use
approval shall be granted exclusively to David Cridlin,
and shall not be transferable nor run with the land. (P)
2. Use Permitted: This Conditional Use approval shall be
for the operation of a welding business, incidental to a
dwelling. (P)
3. Time Limitation: This Conditional Use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
4. Hours of Operation: Hours and days of operation shall be
limited to Monday through Saturday from 8 a.m. to 9 p.m.
There shall be no Sunday operation of this use. (P)
5. Expansion of Use: No new building construction shall be
permitted to accommodate this use. The use shall be
confined to the accessory structures and area designated
on Exhibit A, dated January 9, 2013. (P)
6. Employees: Other than family member employees that live
on the premises, no other employees shall be permitted.
No more than two clients shall be permitted on the
property at any one time. (P)
7. Signage: There shall be no signs identifying this use.
(P)
8. Vehicle & Equipment Parking: All vehicles and equipment
in association with this use shall be parked in the area
designed as "Parking Area for Vehicles & Equipment" on
Exhibit A. No other outside storage shall be permitted
outside of the "Parking Area for Vehicles & Equipment."
A six (6) foot metal panel fence shall be used to screen
the western boundary of the parking area for vehicles
and equipment, as shown on Exhibit A. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
i~cunSist
In Dale Magisterial District, Maurice E. Morgan, Jr. requests
conditional use approval and amendment of zoning district map
to permit a business (counselor's office) incidental to a
dwelling in a Residential (R-9) District on .3 acre known as
3412 Morningmist Circle. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Suburban
Residential II use (2.0 to 4.0 dwellings per acre). Tax ID
785-686-7103.
Mr. Ryan Ramsey stated the applicant is not present.
Mr. Holland stated he is ready to proceed with the case in
the applicant's absence.
13-382
06/26/13
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved Case 13SN0518 and accepted the following proffered
conditions:
1. Non-Transferable Ownership: This Conditional Use approval
shall be granted exclusively to Maurice Morgan, and shall
not be transferable with the land. (P)
2. Use Permitted: This Conditional Use approval shall be for
the operation of a counselor's office, incidental to a
dwelling. (P)
3. Time Limitation: This Conditional Use approval shall be
granted for a period not to exceed one (1) year from the
date of approval. (P)
4. Hours of Operation: Hours and days of operation shall be
limited to Monday through Friday from 9 a.m. to 4 p.m.
There shall be no Saturday or Sunday operation of this
use. (P)
5. Expansion of Use: No new building construction shall be
permitted to accommodate this use. The use shall be
confined to the existing dwelling designated on Exhibit
A, dated January 9, 2013. (P)
6. Employees: No more than two (2) employees, other than the
applicant, may work on the premises at any one time. No
clients shall be permitted on the property. (P)
7. Signage: There shall be no signs identifying this use.
(P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENTS FOR THE ROUTE 360 (WINTERPOCK
ROAD TO WOODLAKE VILLAGE PARKWAY) WIDENING PROJECT
Mr. McCracken stated this date and time has been advertised
for a public hearing for the Board to consider the exercise
of eminent domain for the acquisition of easements for the
Route 360 (Winterpock Road to Woodlake Village Parkway)
Widening Project (Virginia Department of Transportation
Project Number 0360-020-617, PE101, RW201, C501) He further
stated staff has been successful in acquiring right-of-way
and easements from three of the four landowners impacted by
the project. He stated staff has been unable to reach
agreement with one owner.
In response to Mr. Gecker's question, Mr. McCracken stated
staff will continue to negotiate with the owner in an attempt
to reach a settlement.
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13-383
06/26/13
In response to Ms. Jaeckle's question, Mr. McCracken stated
there is pedestrian access on the roadway.
In response to Mr. Elswick's question, Mr. McCracken stated
negotiations began in March 2013.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
authorized the exercise of eminent domain for the acquisition
of easements from Joseph E. Vaden, 14500 Hull Street Road,
GPIN 7216716273 for the Route 360 (Winterpock Road to
Woodlake Village Parkway) Widening Project (VDOT Project
Number 0360-020-617, PE101, RW201, C501), including the
filing of a certificate of deposit, so that construction may
begin prior to the commencement of eminent domain
proceedings.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
18.B. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
AC~U151TION OF EASEMENTS FOR THE WOOLRIDGE ROAD (SOUTH
OF CROWN POINT) CURVE REALIGNMENT PROJECT
Mr. McCracken stated this date and time has been advertised
for a public hearing for the Board to consider the exercise
of eminent domain for the acquisition of easements for the
Woolridge Road (South of Crown Point) Curve Realignment
Project. He further stated staff has been successful in
acquiring right-of-way and easements from two of the three
landowners impacted by the project. He stated staff has been
unable to reach an agreement with one owner.
In response to Mr. Gecker's question, Mr. McCracken stated
the owner's representative viewed the property as potential
to develop residential. He further stated the appraiser
recognized there was a greater impact relative to the initial
offer, but not to the extent that was countered.
In response to Mr. Elswick's question, Mr. McCracken stated
because of the wetlands surrounding the property, it would be
difficult to develop in the area. He noted staff will
continue to negotiate with the owner in an attempt to reach a
settlement.
In response to Mr. Gecker's question, Mr. McCracken stated
total acreage of the parcel is very large.
In response to Mr. Warren's question, Mr. McCracken stated if
staff is unable to reach an agreement with the owner, the
court will determine the amount paid.
In response to Mr. Gecker's question, Mr. McCracken stated
there is a basin in the general area that is behind a nearby
elementary school. He noted a history of auto accidents at
the location.
13-384
06/26/13
In response to Mr. Holland's question, Mr. McCracken stated
the project is scheduled to be under construction this fall
contingent on utility relocations.
Mr. Elswick stated the curve alignment is a necessity on
Woolridge Road.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
authorized the exercise of eminent domain for the acquisition
of easements from Alyson Stinson, et al, 4901 Woolridge Road,
GPIN 7206810327 for the Woodridge Road (South of Crown Point)
Curve Realignment Project, including the filing of a
certificate of deposit, so that construction may begin prior
to the commencement of eminent domain proceedings.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
20.
MATTERS
FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
There were no requests to address the Board at this time.
21. ADJOURNMENT
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
adjourned at 9:32 p.m. until July 17, 2013 at 3:00 p.m.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
mes J. eg ier
Coun Administrator
Doroth A. eckle
Chairman
13-385
06/26/13
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